71840 Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 

Estuarine Research Reserve (SSNERR or 

the Reserve) and is soliciting comments 

from the public on the proposed 

boundary expansion. The public is also 

invited to comment on the draft 

environmental assessment for the 

proposed boundary expansion. 

DATES: Comments must be received at 

the appropriate address (see ADDRESSES) 

on or before November 17, 2023. 

ADDRESSES: The draft environmental 

assessment describing the proposed 

boundary expansion can be downloaded 

or viewed at coast.noaa.gov/czm/ 

compliance/. The document is also 

available by sending a written request to 

the point of contact identified below 

(see FOR FURTHER INFORMATION CONTACT). 

Comments may be submitted by the 

following method: 

Federal eRulemaking Portal: https://

www.regulations.gov. Submit electronic 

comments via the Federal eRulemaking 

Portal and search for Docket Number 

NOAA–NOS–2023–0132. Enter N/A in 

the required fields to remain 

anonymous). 

Mail: Submit written comments to 

John King, Office for Coastal 

Management, 1305 East-West Highway, 

N/ORM, 10th Floor, Silver Spring, MD 

20910. 

Comments submitted by any other 

method or after the comment period 

may not be considered. NOAA will 

accept anonymous comments; however, 

the written comments NOAA receives 

are a part of the public record, and the 

entirety of the comment, including the 

name of the commenter, email address, 

attachments, and other supporting 

materials, will be publicly accessible. 

Sensitive personally identifiable 

information, such as account numbers 

and Social Security numbers, should 

not be included with the comment. 

Comments that are not related to the 

proposed boundary expansion of the 

South Slough National Estuarine 

Research Reserve or that contain 

profanity, vulgarity, threats, or other 

inappropriate language will not be 

considered. 

FOR FURTHER INFORMATION CONTACT: 

Brian Bloodworth, NOAA Office for 

Coastal Management, 1305 East West 

Highway, Silver Spring MD 20910, or 

brian.bloodworth@noaa.gov, 1–304– 

279–1460. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Oregon Department of State 

Lands, as lead agency for managing the 

South Slough National Estuarine 

Research Reserve, has requested 

approval to modify the Reserve’s 

geographic boundary by adding eight 

new parcels, including 1,771 acres 

(approximately 7.17 square km), which 

comprises the addition of: 30 acres (0.12 

sq. km) to correct for the use of current 

GIS-based technology in calculating 

updated acreage for the boundary area 

since it was established in 1974; 1,541 

acres (6.24 sq. km) of lands acquired 

since 2008 that are owned and managed 

by the Reserve outside of the SSNERR 

boundary; and 200 acres (0.81 sq.km) of 

State-owned waters in South Slough 

that connect the lands acquired since 

2008. In addition, SSNERR is also 

exploring two proposed future 

acquisitions totaling 105 acres (0.42 sq. 

km), and a land-swap for an entrance 

parcel expansion. Pursuant to 15 CFR 

921.33(a), NOAA may require public 

notice, including notice in the Federal 

Register and an opportunity for public 

comment, before approving a boundary 

or management plan change. In 

addition, boundary changes involving 

the acquisition of properties not listed 

in the Reserve’s management plan or 

final environmental impact statement 

require public notice and the 

opportunity for comment. Since the new 

parcels were not evaluated in the 

Reserve’s original environmental impact 

statement, NOAA has developed an 

environmental assessment pursuant to 

the National Environmental Policy Act 

of 1969 (NEPA), as amended, 42 U.S.C. 

4321 et seq., and the Council on 

Environmental Quality Regulations for 

Implementing the Procedural Provisions 

of NEPA (40 CFR 1500–1508), to 

analyze the effects of the requested 

change, and is publishing notice of the 

availability of this draft environmental 

assessment for public review and 

comment on the proposed boundary 

change and associated environmental 

assessment. 

II. NOAA Proposed Action and 

Alternatives 

In accordance with NEPA and the 

Council on Environmental Quality 

Regulations, NOAA is releasing a draft 

environmental assessment. NOAA’s 

proposed action would be to approve a 

change in the boundary of the SSNERR 

to add 1,771 acres (7.17 sq. km) to the 

current boundary. 

The draft environmental assessment 

identifies and assesses potential 

environmental impacts associated with 

the proposed boundary expansion, and 

identifies a preferred alternative and a 

no action alternative. The preferred 

alternative would add 1,771 acres (7.17 

sq. km) to the SSNERR’s boundary, 

which would result in a net increase in 

size to 6,542 acres (26.47 sq. km), and 

6,647 acres (26.90 sq. km) if all 

proposed future land acquisitions are 

made. As a result, NOAA believes the 

proposed boundary expansion would 

formally incorporate land parcels within 

the SSNERR, which would protect lands 

of biological importance, allow the 

SSNERR to further its research and 

stewardship mission, provide additional 

lands/uses for public use, and provide 

an opportunity for more integrated 

ecosystem management. Therefore, 

NOAA prefers the proposed boundary 

expansion over the no action 

alternative. 

Authority: 16 U.S.C.1451 et seq.; 15 

CFR 921.33. 

Keelin S. Kuipers, 

Deputy Director, Office for Coastal 

Management, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2023–22583 Filed 10–17–23; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD429] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to a Geophysical 

Survey in the Ross Sea, Antarctica 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization. 

SUMMARY: NMFS received a request from 

the United States National Science 

Foundation (NSF) for the renewal of 

their currently active incidental 

harassment authorization (IHA) 

(hereinafter, the ‘‘initial IHA’’) to take 

marine mammals incidental to a 

geophysical survey in the Ross Sea, 

Antarctica because NSF’s activities will 

not be completed prior to the IHA’s 

expiration. Pursuant to the Marine 

Mammal Protection Act, prior to issuing 

the currently active IHA, NMFS 

requested comments on both the 

proposed IHA and the potential for 

renewing the initial authorization if 

certain requirements were satisfied. The 

renewal requirements have been 

satisfied, and NMFS is now providing 

an additional 15-day comment period to 

allow for any additional comments on 

the proposed renewal not previously 

provided during the initial 30-day 

comment period. 


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Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 71841 

DATES: Comments and information must 

be received no later than November 2, 

2023. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources (OPR), 

NMFS, and should be submitted via 

email to ITP.harlacher@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

comments will be accepted in Microsoft 

Word, Excel or Adobe PDF file formats 

only. All comments received are a part 

of the public record and will generally 

be posted online at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. Electronic copies 

of the original application, renewal 

request, and supporting documents 

(including NMFS Federal Register 

notices of the original proposed and 

final authorizations, and the previous 

IHA), as well as a list of the references 

cited in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(MMPA) prohibits the ‘‘take’’ of marine 

mammals, with certain exceptions. 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are promulgated or, if the 

taking is limited to harassment, an 

incidental harassment authorization is 

issued. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). NMFS must also prescribe 

requirements pertaining to monitoring 

and reporting of such takings. The 

definition of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in the MMPA and NMFS’s 

implementing regulations (see 16 U.S.C. 

1362; 50 CFR 216.103). 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal of an IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA); 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take); and 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized; 

3. Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals. Any comments received on 

the potential renewal, along with 

relevant comments on the initial IHA, 

have been considered in the 

development of this proposed IHA 

renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested renewal, and agency 

responses will be summarized in the 

final notice of our decision. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of an 

IHA renewal) with respect to potential 

impacts on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

take authorizations with no anticipated 

serious injury or mortality) of the 

Companion Manual for NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 


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the quality of the human environment 

and for which we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS 

determined that the issuance of the 

initial IHA qualified to be categorically 

excluded from further NEPA review. 

NMFS has preliminarily determined 

that the application of this categorical 

exclusion remains appropriate for this 

renewal IHA. 

History of Request 

On December 15, 2022, NMFS issued 

an IHA to NSF to take marine mammals 

incidental to conducting a low energy 

seismic survey and icebreaking in the 

Ross Sea (87 FR 77,796, December 20, 

2022), effective from December 15, 2022 

through December 14, 2023. On 

September 7, 2023, NMFS received an 

application for the renewal of that 

initial IHA. As described in the 

application for renewal IHA, the 

activities for which incidental take 

authorization is requested consist of 

activities that are covered by the initial 

authorization but will not be completed 

prior to its expiration. As required, the 

applicant also provided a preliminary 

monitoring report, which confirms that 

the applicant has implemented the 

required mitigation and monitoring and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. 

Description of the Specified Activities 

and Anticipated Impacts 

NSF initially described their activities 

as including two main survey areas (i.e., 

the Ross Bank and the Drygalski 

Trough). The purpose of the survey was 

to collect low energy 2D seismic 

reflection data, along with 

oceanographic and sediment samples to 

understand if, how, when, and why the 

Ross Ice Shelf unpinned from the Ross 

Bank in the recent geologic past. 

The initial planned survey involved 

one source vessel, RVIB Palmer, using 

an airgun array cluster consisting of two 

105 cubic inches (in3) GI guns, with a 

total discharge volume of 210 in3, 

deployed at a depth of approximately 1– 

4 meters (m) below the surface to 

conduct both of the survey segments. 

During the Ross Bank survey, ∼1920 

kilometers (km) of seismic data was 

planned to be collected and during the 

Drygalski Trough survey, ∼1800 km of 

seismic acquisition was planned to 

occur, for a total of 3720 line km. During 

the Drygalski Trough survey portion, 2 

deployments of 10 Ocean Bottom 

Seismometers (OBS) were planned to 

occur along 2 different seismic 

refraction lines. 

The seismic surveys would occur 

within the Ross Sea in water depths 

ranging from ∼150 to 1100 m. The initial 

survey was expected to consist of 31 

days at sea, including approximately 19 

days of seismic operations (including 2 

days of sea trials and/or contingency), 1 

day of OBS deployment/recovery, and 

approximately 11 days of transit. 

Due to logistical challenges, the initial 

survey was not successfully completed. 

There was a long delay in leaving New 

Zealand due to an enforced quarantine 

after survey members tested positive for 

COVID–19 and only a subset of the 

survey activities in the initial IHA were 

completed. Specifically, under the 

initial IHA, the NSF completed surveys 

within the Ross Bank Area but not the 

Drygalski Trough area. 

This renewal request is to cover a 

subset of the activities covered in the 

initial IHA that will not be completed 

during the effective period of the initial 

IHA due to the aforementioned 

logistical challenges. The remaining 

survey activities would include the 

survey within the Dygalski Trough area 

and icebreaking and are expected to 

occur during February 2024 (11 days of 

transit, 9 days of seismic surveys, and 

1 day of OBS deployment and retrieval). 

The potential impacts of the NSF’s 

proposed activity on marine mammals 

could involve acoustic stressors and are 

unchanged from the impacts described 

in the initial IHA. Acoustic stressors 

include effects of the airgun array from 

the low-energy seismic surveys and 

icebreaking. The effects of underwater 

disturbance from the NSF’s proposed 

activities have the potential to result in 

Level B harassment of marine mammals 

in the specified geographic region. 

Detailed Description of the Activity 

A detailed description of the survey 

activities for which incidental take is 

proposed here may be found in the 

notices of the proposed and final IHAs 

for the initial authorization (87 FR 

59204, September 29, 2022; 87 FR 

77796, December 20, 2022). As 

previously mentioned, this request is for 

a subset of the activities analyzed for the 

initial IHA that would not be completed 

prior to its expiration due to logistical 

challenges. The timing, and nature of 

the activities, including the types of 

equipment planned for use, are identical 

to those described in the previous notice 

for the initial IHA. The proposed 

renewal IHA would be effective from 

December 15, 2023 through December 

14, 2024. 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

renewal authorization of take is 

proposed here, including information 

on abundance, status, distribution, and 

hearing, may be found in the notice of 

the proposed IHA for the initial 

authorization (87 FR 59204, September 

29, 2022). NMFS has reviewed the 

monitoring data from the initial IHA, 

recent Stock Assessment Reports, 

information on relevant Unusual 

Mortality Events, and other scientific 

literature and determined there is no 

new information that affects which 

species or stocks have the potential to 

be affected or the pertinent information 

in the Description of the Marine 

Mammals in the Area of Specified 

Activities contained in the supporting 

documents for the initial IHA (87 FR 

59204, September 29, 2022). 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which an authorization of 

incidental take is proposed here may be 

found in the notice of the proposed IHA 

for the initial authorization (87 FR 

59204, September 29, 2022). NMFS has 

reviewed the monitoring data from the 

initial IHA, recent Stock Assessment 

Reports, information on relevant 

Unusual Mortality Events, and other 

scientific literature and determined that 

there is no new information that affects 

our initial analysis of impacts on marine 

mammals and their habitat. 

Estimated Take 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the 

notices of the proposed and final IHAs 

for the initial authorization (87 FR 

59204, September 29, 2022; 87 FR 

77796, December 20, 2022). Specifically, 

the number of survey days, specified 

geographic region, specified activities 

and marine mammal occurrence data 

applicable to this authorization remain 

unchanged from the previously issued 

IHA. Similarly, the stocks taken, 

methods of take, take estimates and type 

of take (i.e., Level B harassment) remain 

unchanged from the previously issued 

IHA. The number of takes proposed for 

authorization in this renewal IHA are a 

subset of the initial authorized takes 

that better represent the amount of 

activity NSF has left to complete. These 

estimated takes, which reflect the 

remaining survey days and icebreaking 


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activities, are indicated below in Table 

1. 

TABLE 1—PROPOSED NUMBER OF TAKES BY LEVEL B HARASSMENT BY SPECIES AND STOCK AND PERCENT OF TAKE BY

STOCK

Species 

Level B Take 

Total take 

proposed 

Population 

abundance 

Percent of 

Drygalski population 

survey Icebreaking 

Humpback whale ................................................................. 159 266 425 42,000 1.0 

Fin whale .............................................................................. 152 254 405 38,200 1.1 

Blue whale ........................................................................... 32 54 86 1,700 5.1 

Sei whale ............................................................................. 23 38 61 10,000 0.6 

Antarctic minke whale .......................................................... 418 700 1,118 515,000 0.2 

Sperm whale ........................................................................ 49 82 131 12,069 1.1 

Southern bottlenose whale .................................................. 58 98 156 599,300 <0.1 

Arnoux’s beaked whale ........................................................ 66 111 178 599,300 <0.1 

Strap-toothed beaked whale ................................................ 22 37 59 599,300 <0.1 

Killer whale ........................................................................... 103 173 276 25,000 1.1 

Long-finned pilot whale ........................................................ 198 331 529 200,000 0.3 

Hourglass dolphin ................................................................ 94 157 251 144,300 0.2 

Crabeater seal ..................................................................... 3,361 5,629 8,990 1,700,000 0.5 

Leopard seal ........................................................................ 132 221 353 220,000 0.2 

Ross seal ............................................................................. 82 138 220 250,000 0.1 

Weddell seal ........................................................................ 527 883 1,410 1,000,000 0.1 

Southern elephant seal ........................................................ 1 1 2 750,000 <0.1 

Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The proposed mitigation, monitoring, 

and reporting measures included as 

requirements in this authorization are 

identical to those included in the initial 

IHA and the discussion of the least 

practicable adverse impact 

determination included in Federal 

Register notice announcing the issuance 

of the initial IHA remains applicable 

and accurate (87 FR 77796, December 

20, 2022). The following mitigation, 

monitoring, and reporting measures are 

proposed for this renewal: 

• Mitigation measures that would be 

adopted during the planned survey 

include, but are not limited to: (1) 

Vessel speed or course alteration, 

provided that doing so would not 

compromise operation safety 

requirements. (2) GI-airgun shut down 

within shutdown zones, and (3) rampup procedures; 

• During survey operations (e.g., any 

day on which use of the acoustic source 

is planned to occur, and whenever the 

acoustic source is in the water, whether 

activated or not), a minimum of one 

protected species observer (PSO) must 

be on duty and conducting visual 

observations at all times during daylight 

hours (i.e., from 30 minutes prior to 

sunrise through 30 minutes following 

sunset) and 30 minutes prior to and 

during ramp-up of the airgun array. 

Visual monitoring of the exclusion and 

buffer zones must begin no less than 30 

minutes prior to ramp-up and must 

continue until one hour after use of the 

acoustic source ceases or until 30 

minutes past sunset. Visual PSOs must 

coordinate to ensure 360 degree visual 

coverage around the vessel from the 

most appropriate observation posts, and 

must conduct visual observations using 

binoculars and the naked eye while free 

from distractions and in a consistent, 

systematic, and diligent manner; 

• The PSOs would establish a 

minimum exclusion zone (EZ) with a 

100 m radius with an additional 100 m 

buffer zone (total of 200 m). The 200 m 

zone would be based on radial distance 

from the edge of the airgun array (rather 

than being based on the center of the 

array or around the vessel itself); 

• An extended 500 m EZ must be 

established for beaked whales, large 

whales with a calf (defined as an animal 

less than two-thirds the body size of an 

adult observed to be in close association 

with an adult), and an aggregation of six 

or more whales during all survey effort. 

No buffer zone is required; 

• Ramp-up is the gradual and 

systematic increase of emitted sound 

levels from an airgun array. Ramp-up 

would begin with one GI airgun 45 cu 

in first being activated, followed by the 

second after 5 minutes. The intent of 

pre-clearance observation (30 minutes) 

is to ensure no marine mammals are 

observed within the buffer zone prior to 

the beginning of ramp-up. During preclearance is the only time observations 

of marine mammals in the buffer zone 

would prevent operations (i.e., the 

beginning of ramp-up). The intent of 

ramp-up is to warn protected species of 

pending seismic operations and to allow 

sufficient time for those animals to leave 

the immediate vicinity. A ramp-up 

procedure, involving a stepwise 

increase in the number of airguns are 

activated and the full volume is achieve, 

is required at all times as part of the 

activation of the acoustic source; 

• The shutdown of an airgun array 

requires the immediate de-activation of 

all individual airgun elements of the 

array. Any PSO on duty will have the 

authority to delay the start of survey 

operations or to call for shutdown of the 

acoustic source if a marine mammal is 

detected within the applicable 

exclusion zone. The operator must also 

establish and maintain clear lines of 

communication directly between PSOs 

on duty and crew controlling the 

acoustic source to ensure that shutdown 

commands are conveyed swiftly while 

allowing PSOs to maintain watch. When 

the airgun array is active (i.e., anytime 

one or more airguns is active, including 

during ramp-up) and a marine mammal 

appears within or enters the applicable 

EZ, the acoustic source will be shut 

down. When shutdown is called for by 

a PSO, the acoustic source will be 

immediately deactivated and any 

dispute resolved only following 

deactivation; 

• Following a shutdown, airgun 

activity would not resume until the 

marine mammal has cleared the EZ. The 

animal would be considered to have 

cleared the EZ if it is visually observed 

to have departed the EZ, or it has not 

been seen within the EZ for 15 minutes 

in the case of small odontocetes and 

pinnipeds, and 30 minutes for 


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mysticetes and all other odontocetes, 

including sperm and beaked whales, 

with no further observation of the 

marine mammal(s); 

• The NSF must deploy vessel strike 

avoidance measures; 

• The NSF must submit a draft report 

detailing all activities and monitoring 

results within 90 calendar days of the 

completion of the survey or expiration 

of the IHA, whichever comes sooner; 

• The NSF must submit a final report 

within 30 days following resolution of 

comments on the draft report from 

NMFS; and 

• The NSF must report injured or 

dead marine mammals. 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA (87 FR 

59204, September 29, 2022) and 

solicited public comments on both our 

proposal to issue the initial IHA for 

geophysical survey in the Ross Sea and 

on the potential for a renewal IHA, 

should certain requirements be met. 

During the 30-day public comment 

period, NMFS received no substantive 

comments on either the proposal to 

issue the initial IHA for the NSF’s 

survey activities or on the potential for 

a renewal IHA. 

Preliminary Determinations 

NSF’s proposed activities consist of a 

subset of activities analyzed in the 

initial IHA. In analyzing the effects of 

the activities for the initial IHA, NMFS 

determined that NSF’s activities would 

have a negligible impact on the affected 

species or stocks and that authorized 

take numbers of each species or stock 

were small relative to the relevant 

stocks (e.g., less than one-third the 

abundance of all stocks). The mitigation 

measures and monitoring and reporting 

requirements as described above are 

identical to the initial IHA. 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has determined the following: (1) the 

required mitigation measures will effect 

the least practicable impact on marine 

mammal species or stocks and their 

habitat; (2) the authorized takes will 

have a negligible impact on the affected 

marine mammal species or stocks; (3) 

the authorized takes represent small 

numbers of marine mammals relative to 

the affected stock abundances; (4) NSF’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action; and (5) appropriate 

monitoring and reporting requirements 

are included. 

Endangered Species Act 

The NMFS OPR Endangered Species 

Act (ESA) Interagency Cooperation 

Division issued a Biological Opinion 

under section 7 of the ESA (16 U.S.C. 

1531 et seq.) on the issuance of an IHA 

and potential renewal IHA to NSF under 

section 101(a)(5)(D) of the MMPA by the 

NMFS OPR Permits and Conservation 

Division. The Biological Opinion 

concluded that the action is not likely 

to jeopardize the continued existence of 

ESA-listed blue whales, fin whales, sei 

whales, and sperm whales. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a renewal IHA to NSF for conducting 

geophysical survey and icebreaking 

activities in the Ross Sea in the 

February 2024, provided the previously 

described mitigation, monitoring, and 

reporting requirements are incorporated. 

A draft of the proposed and final initial 

IHA can be found at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. We 

request comment on our analyses, the 

proposed renewal IHA, and any other 

aspect of this notice. Please include 

with your comments any supporting 

data or literature citations to help 

inform our final decision on the request 

for MMPA authorization. 

Dated: October 12, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–22913 Filed 10–17–23; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Global Markets Advisory Committee 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice; revision to meeting date. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) published 

a notice in the Federal Register on 

September 8, 2023, concerning a 

meeting of the Global Markets Advisory 

Committee (GMAC or Committee) that 

was scheduled to occur on October 5, 

2023, from 1:00 p.m. to 5:00 p.m. 

(Eastern Daylight Time). The September 

8, 2023 notice is hereby amended to 

announce that the GMAC meeting has 

been rescheduled to November 6, 2023, 

from 9:00 a.m. to 12:00 p.m. (Eastern 

Time). The meeting will remain open to 

the public with options to attend inperson and virtually. The agenda for the 

meeting remains unchanged. At this 

meeting, the GMAC will hear a 

presentation from the GMAC’s Global 

Market Structure Subcommittee on the 

Subcommittee’s workstreams involving 

U.S. Treasury market reforms, global 

standards and best practices for market 

volatility controls and circuit breakers, 

improving liquidity across asset classes, 

and international alignment of trading 

and clearing obligations to address 

market fragmentation, and consider 

recommendations from the 

Subcommittee on such workstreams. 

At this meeting, the GMAC will also 

hear a presentation from the GMAC’s 

Technical Issues Subcommittee on the 

Subcommittee’s workstreams involving 

international standardization and 

amalgamation of trade reporting for 

swaps market oversight, global 

coordination of market events, and 

improving efficiencies in post-trade 

processes, and consider 

recommendations from the 

Subcommittee on such workstreams. 

Additionally, the GMAC will hear a 

presentation from the GMAC’s Digital 

Asset Markets Subcommittee on the 

Subcommittee’s workstreams involving 

industry standards and best practices for 

tokenized asset markets, the regulation 

of non-fungible tokens (NFTs) and 

utility tokens, and identification of 

other issues to address in digital finance 

and tokenization of assets, non-financial 

activities and Web3, and blockchain 

technology and consider 

recommendations from the 

Subcommittee on such workstreams. 

Finally, the GMAC will also address 

procedural matters, including topics of 

discussion on a forward-looking basis. 

DATES: The meeting date announced in 

the Federal Register at 88 FR 62068 on 

September 8, 2023 is amended. The 

rescheduled meeting will be held on 

November 6, 2023, from 9:00 a.m. to 

12:00 p.m. (Eastern Time). Members of 

the public who wish to submit written 

statements in connection with the 

meeting should submit them by 

November 13, 2023. 

ADDRESSES: The meeting will take place 

in the Conference Center at the CFTC’s 

headquarters, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581 for GMAC members and the 

public. Members of the public may also 

attend the meeting virtually via 

teleconference or live webcast. You may 

submit public comments, identified by 


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