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 


lotter on DSK11XQN23PROD with NOTICES1
70936 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council will hold a public 

webinar to collect input on summer 

flounder commercial mesh regulations 

and exemptions. 

DATES: The meeting will be held on 

Wednesday, November 1, 2023, from 2 

p.m. until 5 p.m. EDT. For agenda 

details, see SUPPLEMENTARY

INFORMATION. 

ADDRESSES: The meeting will be held 

via webinar. Connection information 

will be posted prior to the meeting at 

www.mafmc.org. 

Council address: Mid-Atlantic Fishery 

Management Council, 800 N State 

Street, Suite 201, Dover, DE 19901; 

telephone: (302) 674–2331; 

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Christopher M. Moore, Ph.D., Executive 

Director, Mid-Atlantic Fishery 

Management Council, telephone: (302) 

526–5255. 

SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council 

(Council) will host a webinar to collect 

public input on multiple summer 

flounder commercial trawl mesh 

regulations topics, as described below. 

The Council is seeking feedback to 

consider whether modifications to these 

measures may be needed and will 

review these topics at the December 

2023 Council meeting jointly with the 

Atlantic States Marine Fisheries 

Commission’s Summer Flounder, Scup, 

and Black Sea Bass Board (Board). 

The first issue is the minimum mesh 

size requirements for the commercial 

summer flounder trawl fishery. The 

Fishery Management Plan (FMP) 

currently allows two options for 

summer flounder minimum mesh sizes: 

5.5-inch diamond or 6.0-inch square. 

The Council and Board have previously 

reviewed information suggesting that 

the selectivity of the 6.0′′ square mesh 

is not equivalent to that of the 5.5′′ 

diamond mesh, and the 6.0′′ square 

mesh may be retaining too many 

undersized summer flounder. 

Additional input is being sought from 

industry on use patterns of these two 

minimum mesh sizes, factors 

influencing choice of mesh, cost of 

modifications to mesh size regulations, 

and whether modifications to the 

minimum mesh size may be necessary. 

There are two exemptions to the 

minimum mesh size regulations that are 

also under review for Council and Board 

consideration in December 2023: (1) the 

Small Mesh Exemption Program, and (2) 

the flynet exemption. Vessels landing 

more than 200 lb of summer flounder 

east of longitude 72° 30.0′ W, from 

November 1 through April 30, and using 

mesh smaller than 5.5-inch diamond or 

6.0-inch square are required to obtain a 

small mesh exemption program (SMEP) 

permit from NMFS. The exemption is 

designed to allow vessels to retain some 

bycatch of summer flounder while 

operating in other small-mesh fisheries. 

This exemption program is being 

reviewed to determine whether it is still 

meeting its original intention, and if 

changes to the SMEP are needed relative 

to the area, timing, possession limit, or 

other aspects of the program. 

Vessels fishing with a two-seam otter 

trawl flynet are also exempt from the 

minimum mesh size requirements. 

Exempt flynets have large mesh in the 

wings that measure 8 to 64 inches, the 

belly of the net has 35 or more meshes 

that are at least 8 inches, and the mesh 

decreases in size throughout the body of 

the net, sometimes to 2 inches or 

smaller. Previous Council and Board 

discussions have suggested that the 

flynet exemption is being used to fish 

with ‘‘high rise’’ nets that may not meet 

the regulatory definition of flynets, 

pointing to a potential enforcement and 

compliance issues and/or a need to 

revise the regulatory language. The 

Council is seeking additional input from 

industry on how these two exemptions 

are used and any recommendations for 

modifications to the program, including 

consideration of whether they are still 

needed. 

The primary target audience for this 

webinar includes: (a) any commercial 

industry participant using trawl gear to 

fish for summer flounder, (b) 

commercial fishing industry 

participants utilizing either of the 

summer flounder mesh size exemptions 

while targeting any species, (c) any 

stakeholder with knowledge of these 

gear types and their use, and (d) any 

member of the public who wishes to 

provide comments or recommendations 

on these regulations. Additional 

information, background documents, 

and instructions for providing written 

comments will be posted to the 

Council’s website at: https://

www.mafmc.org/. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aid should be directed to 

Shelley Spedden, (302) 526–5251, at 

least 5 days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 6, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–22662 Filed 10–12–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD456] 

South Atlantic Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of scoping meetings. 

SUMMARY: The South Atlantic Fishery 

Management Council (Council) will 

hold a series of scoping meetings via 

webinar pertaining to Framework 

Amendment 13 to the Fishery 

Management Plan for Coastal Migratory 

Pelagic Resources in the Gulf of Mexico 

and Atlantic Region. The amendment 

addresses Atlantic migratory group 

Spanish mackerel catch levels. 

DATES: The scoping meetings will be 

held via webinar on Monday, October 

30, 2023, at 6 p.m. and Wednesday, 

November 1, 2023, at 6 p.m. 

ADDRESSES: Council address: South 

Atlantic Fishery Management Council, 

4055 Faber Place Drive, Suite 201, N 

Charleston, SC 29405. 

FOR FURTHER INFORMATION CONTACT: 

Christina Wiegand, Fishery Social 

Scientist, SAFMC; phone: (843) 571– 

4366 or toll free: (866) SAFMC–10; fax: 

(843) 769–4520; email: 

christina.wiegand@safmc.net. 

SUPPLEMENTARY INFORMATION: The 

scoping meetings will be conducted via 

webinar. Registration is required. The 

public scoping document, online public 

comment form, and webinar registration 

information will be posted on the 

Council’s website at: https://safmc.net/ 

public-hearings-and-scoping/ as it 

becomes available. Public comments 

must be received by 5 p.m. on 

November 10, 2023. 

Framework Amendment 13 to the 

Coastal Migratory Pelagics FMP 

The Council is considering action to 

address updated scientific information 

on the Atlantic Spanish mackerel stock 

provided through the Southeast Data, 

Assessment, and Review (SEDAR) 78 

stock assessment (2022). The 

assessment, which included revised 


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