70934 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

identified in CE B4 of the Companion 

Manual for NOAA Administrative Order 

216–6A, which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Because the only 

change to the IHAs are the effective 

dates, the CE on record for issuance of 

the initial IHAs applies to this action. 

Endangered Species Act (ESA) 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA: 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally, in this 

case with the Alaska Regional Office, 

whenever we propose to authorize take 

for endangered or threatened species. 

However, no incidental take of ESAlisted species is authorized or expected 

to result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

Authorization 

NMFS has issued two consecutive 

IHAs to BNSF for in-water construction 

activities associated with the specified 

activity from the date of issuance to July 

15, 2024 for Year 1 and from July 16, 

2024 to July 15, 2025 for year 2. All 

previously described mitigation, 

monitoring, and reporting requirements 

from the initial IHAs are incorporated. 

Dated: October 2, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–22633 Filed 10–12–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD457] 

Marine Mammals and Endangered 

Species 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permits, 

permit amendments, and permit 

modifications. 

SUMMARY: Notice is hereby given that 

permits, permit amendments, and 

permit modifications have been issued 

to the following entities under the 

Marine Mammal Protection Act 

(MMPA) and the Endangered Species 

Act (ESA), as applicable. 

ADDRESSES: The permits and related 

documents are available for review 

upon written request via email to 

NMFS.Pr1Comments@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Erin 

Markin, Ph.D. (Permit Nos. 23200–02 

and 27109), Carrie Hubard (Permit No. 

21485), Jennifer Skidmore (Permit No. 

27489), and Shasta McClenahan, Ph.D. 

(Permit No. 21425–01); at (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: Notices 

were published in the Federal Register 

on the dates listed below that requests 

for a permit, permit amendment, or 

permit modification had been submitted 

by the below-named applicants. To 

locate the Federal Register notice that 

announced our receipt of the 

application and a complete description 

of the activities, go to https://

www.federalregister.gov and search on 

the permit number provided in Table 1 

below. 

TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS

Permit No. RTID Applicant Previous Federal Register notice Issuance date 

21425–01 ........... 0648–XG297 ..... Point Blue Conservation Science, 3820 Cypress Drive, No. 11, Petaluma, CA 94954 

(Responsible Party: Grant Ballard, Ph.D.).

83 FR 64114, December 13, 2018 ... September 22, 

2023. 

21485–01 ........... 0648–XG288 ..... Jooke Robbins, Ph.D., Center for Coastal 

Studies, 5 Holway Avenue, Provincetown, 

MA 02657.

84 FR 4441, February 15, 2019 ........ September 18, 

2023. 

23200–02 ........... 0648–XC219 ..... University of North Carolina, Wilmington, 

601 South College Road, Wilmington, NC 

28403 (Responsible Party: Frederick 

Scharf, Ph.D.).

88 FR 52130, August 7, 2023 ........... September 21, 

2023. 

27109 ................. 0648–XD122 ..... Christopher Marshall, Ph.D., Texas A&M 

University, 200 Seawolf Parkway, Building 

3029, Room 253, Galveston, TX 77553.

88 FR 42915, July 5, 2023 ................ September 6, 

2023. 

27489 ................. 0648–XD261 ..... Los Angeles County Museum of Natural 

History, 900 Exposition Boulevard, Los 

Angeles, CA 90007 (Responsible Party: 

Lori Bettison-Varga, Ph.D.).

84 FR 56606, August 18, 2023 ......... September 21, 

2023. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activities proposed are categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

As required by the ESA, as applicable, 

issuance of these permit was based on 

a finding that such permits: (1) were 

applied for in good faith; (2) will not 

operate to the disadvantage of such 

endangered species; and (3) are 

consistent with the purposes and 

policies set forth in Section 2 of the 

ESA. 

Authority: The requested permits 

have been issued under the MMPA of 

1972, as amended (16 U.S.C. 1361 et 

seq.), the regulations governing the 

taking and importing of marine 

mammals (50 CFR part 216), the ESA of 

1973, as amended (16 U.S.C. 1531 et 

seq.), and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226), as applicable. 


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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 70935 

Dated: October 10, 2023. 

Julia M. Harrison, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2023–22654 Filed 10–12–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD280] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of modification to 

expiration date of letter of authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico (GOM), 

notification is hereby given that NMFS 

has modified the expiration date of a 

Letter of Authorization (LOA) issued to 

CGG for the take of marine mammals 

incidental to geophysical survey activity 

in the GOM. 

DATES: This LOA is effective through 

April 7, 2024. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: https://

www.fisheries.noaa.gov/marinemammal-protection/issued-lettersauthorization-oil-and-gas-industrygeophysical-survey. In case of problems 

accessing these documents, please call 

the contact listed below (FOR FURTHER

INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Rachel Wachtendonk, Office of 

Protected Resources, NMFS, (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: 

Background 

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

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

the Secretary of Commerce 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 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: any act of 

pursuit, torment, or annoyance which: 

(i) has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in U.S. Federal waters of 

the GOM over the course of 5 years (86 

FR 5322, January 19, 2021). The rule 

was based on our findings that the total 

taking from the specified activities over 

the 5-year period will have a negligible 

impact on the affected species or 

stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of those species or 

stocks for subsistence uses. The rule 

became effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of affecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

NMFS issued an LOA to CGG on 

March 24, 2023, for the take of marine 

mammals incidental to a threedimensional (3D) ocean bottom node 

(OBN) survey over approximately 200 

lease blocks in the Walker Ridge and 

Green Canyon areas of the central GOM, 

effective May 1 through December 31, 

2023. Please see the Federal Register 

notice of issuance (88 FR 17819, March 

24, 2023) for additional detail regarding 

the LOA and the survey activity. 

CGG initially anticipated that the 

activity would occur at some point 

between May 1 and December 31, 2023. 

CGG subsequently conveyed to NMFS 

that the survey would occur later than 

previously expected. CGG has requested 

modification to the expiration date of 

the LOA (from December 31, 2023 to 

April 7, 2024) to accommodate the 

survey delays. There are no other 

changes to CGG’s planned activity. 

Since issuance of the LOA, no survey 

work has occurred. 

Authorization 

NMFS has changed the expiration 

date of the LOA from December 31, 

2023 to April 7, 2024. There are no 

other changes to the LOA as described 

in the March 24, 2023, Federal Register 

notice of issuance (88 FR 17819): the 

specified survey activity; estimated take 

by incidental harassment; and small 

numbers analysis and determination 

remain unchanged and are herein 

incorporated by reference. 

Dated: October 10, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–22670 Filed 10–12–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD450] 

Mid-Atlantic Fishery Management 

Council (MAFMC); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


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