41670 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 

total number of individuals of each 

species detected within the Level A 

Harassment Zone and the average 

amount of time that they remained in 

that zone; and daily average number of 

individuals of each species 

(differentiated by month as appropriate) 

detected within the Level B Harassment 

Zone, and estimated as taken, if 

appropriate. 

Preliminary Determinations 

The USACE’s proposed in-water 

construction activities as well as the 

proposed mitigation, monitoring, and 

reporting requirements are unchanged 

from those in the initial Year 1 and Year 

2 IHAs. The anticipated effects of the 

activities on the affected species and 

stocks and the estimated take of each 

species and stock also remain 

unchanged. When issuing the initial 

IHAs, NMFS found that each year of the 

Coos Bay North Jetty Maintenance and 

Repairs Project would have a negligible 

impact to species or stocks’ rates of 

recruitment and survival and the 

amount of taking would be small 

relative to the population size of such 

species or stock (less than 10 percent). 

In conclusion, there is no new 

information suggesting that our analysis 

or findings should change. 

Based on the information contained 

here and in the referenced documents, 

NMFS has preliminarily determined the 

following for each IHA: (1) the required 

mitigation measures will effect the least 

practicable impact on marine mammal 

species or stocks and their habitat; (2) 

the proposed authorized takes will have 

a negligible impact on the affected 

marine mammal species or stocks; (3) 

the proposed authorized takes represent 

small numbers of marine mammals 

relative to the affected stock 

abundances; (4) the USACE’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 (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. No take of 

ESA-listed marine mammals are 

authorized. Therefore, NMFS has 

determined that consultation under 

section 7 of the ESA is not required for 

this action. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

two IHAs to the USACE for conducting 

the North Jetty Maintenance and Repairs 

Project in Coos Bay, Oregon over the 

course of two non-consecutive years, 

beginning September 2022 through 

February 2025, with the previously 

mentioned mitigation, monitoring, and 

reporting requirements incorporated. A 

draft of the proposed IHAs can be found 

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

permit/incidental-take-authorizationsunder-marine-mammal-protection-act. 

Request for Public Comments 

We request comment on our analyses 

(included in both this document and the 

referenced documents supporting the 

initial IHAs), the proposed 

authorizations, and any other aspect of 

this Notice of Proposed IHAs for the 

proposed North Jetty Maintenance and 

Repairs Project. We also request 

comment on the potential for renewal of 

this proposed IHA as described in the 

paragraph below. Please include with 

your comments any supporting data or 

literature citations to help inform our 

final decision on the request for MMPA 

authorization. 

On a case-by-case basis, NMFS may 

issue a one-time, one-year renewal 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 Description of 

Proposed Activities and Anticipated 

Impacts section of this notice is planned 

or (2) the activities as described in the 

Description of Proposed Activities and 

Anticipated Impacts section of this 

notice would not be completed by the 

time the IHA expires and a renewal 

would allow for completion of the 

activities beyond that described in this 

notice, provided all of the following 

conditions are met: 

• 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 one year from 

expiration of the initial IHA). 

• The request for renewal must 

include the following: 

(1) 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). 

(2) 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. 

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. 

Dated: July 8, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–14955 Filed 7–12–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB984] 

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, 

notification is hereby given that a Letter 

of Authorization (LOA) has been 

modified to LLOG Exploration Offshore, 

L.L.C. (LLOG) for the take of marine 

mammals incidental to geophysical 

survey activity in the Gulf of Mexico. 

DATES: This Letter of Authorization is 

effective through December 31, 2023. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oilVerDate Sep<11>2014 18:49 Jul 12, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1

jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41671 

and-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: Kim 

Corcoran, 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 Federal waters of the 

U.S. Gulf of Mexico (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 effecting 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 LLOG on 

January 10, 2022, for the take of marine 

mammals incidental to one of the 

following vertical seismic profile (VSP) 

survey types: Zero Offset, Offset, Walk 

Away, Salt Proximity and/or Check 

Shots after reaching total depth of any 

of the proposed wells operated by LLOG 

within the Keathley Canyon Area. 

Please see the Federal Register notice of 

issuance (87 FR 3084; January 20, 2022) 

for additional detail regarding the LOA 

and the survey activity. 

LLOG initially anticipated that the 

activity would occur at some point 

between March 1 and December 31, 

2022. LLOG subsequently conveyed to 

NMFS that a shift in their rig schedule 

is likely to cause the associated VSP 

survey to occur later than previously 

expected. LLOG has requested 

modification to the effectiveness end 

date of the LOA (from December 31, 

2022 to December 31, 2023) to account 

for any potential delays. There are no 

other changes to LLOG’s planned 

activity. Since issuance of the LOA, no 

survey work has occurred. 

Authorization 

NMFS has changed the effectiveness 

end date of the LOA from December 31, 

2022 to December 31, 2023. There are 

no other changes to the LOA as 

described in the January 10, 2022, 

Federal Register notice of issuance (87 

FR 3084): the specified activity; 

estimated take by incidental 

harassment; and small numbers analysis 

and determination remain unchanged 

and are herein incorporated by 

reference. 

Dated: July 7, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–14904 Filed 7–12–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB139] 

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 issuance 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, 

notification is hereby given that a Letter 

of Authorization (LOA) has been issued 

to Echo Offshore LLC (Echo) for the take 

of marine mammals incidental to 

geophysical survey activity in the Gulf 

of Mexico. 

DATES: The LOA is effective from the 

date of issuance through November 30, 

2022. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: www.fisheries.noaa.gov/ 

action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: Kim 

Corcoran, 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 


jspears on DSK121TN23PROD with NOTICES1