[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Page 22517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08857]
[[Page 22517]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC623
Incidental Taking of Marine Mammals; Taking of Marine Mammals
Incidental to the Explosive Removal of Offshore Structures in the Gulf
of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Letters of Authorization (LOA).
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that NMFS has
issued LOAs to take marine mammals incidental to the explosive removal
of offshore oil and gas structures (EROS) in the Gulf of Mexico.
DATES: These authorizations are effective from April 15, 2013 through
July 19, 2013.
ADDRESSES: The application and LOAs are available for review by writing
to P. Michael Payne, Chief, Permits and Conservation Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3235 or by telephoning the
contact listed here (see FOR FURTHER INFORMATION CONTACT), or online
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited
in this notice may be viewed, by appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS, 301-427-8401.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs the Secretary of Commerce (who has delegated the
authority to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by United States
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region, if certain findings
are made and regulations are issued. Under the MMPA, the term ``take''
means to harass, hunt, capture, or kill or to attempt to harass, hunt,
capture, or kill any marine mammal.
Authorization for incidental taking, in the form of annual LOAs,
may be granted by NMFS for periods up to five years if NMFS finds,
after notice and opportunity for public comment, that the total taking
over the five-year period will have a negligible impact on the species
or stock(s) of marine mammals, and will not have an unmitigable adverse
impact on the availability of the species or stock(s) for subsistence
uses (where relevant). In addition, NMFS must prescribe regulations
that include permissible methods of taking and other means of effecting
the least practicable adverse impact on the species and its habitat
(i.e., mitigation), and on the availability of the species for
subsistence uses, paying particular attention to rookeries, mating
rounds, and areas of similar significance. The regulations also must
include requirements pertaining to the monitoring and reporting of such
taking.
Regulations governing the taking of marine mammals incidental to
EROS were published on June 19, 2008 (73 FR 34875), and remain in
effect through July 19, 2013. For detailed information on this action,
please refer to that Federal Register notice. The species that
applicants may take in small numbers during EROS activities are
bottlenose dolphins (Tursiops truncatus), Atlantic spotted dolphins
(Stenella frontalis), pantropical spotted dolphins (Stenella
attenuata), Clymene dolphins (Stenella clymene), striped dolphins
(Stenella coeruleoalba), spinner dolphins (Stenella longirostris),
rough-toothed dolphins (Steno bredanensis), Risso's dolphins (Grampus
griseus), melon-headed whales (Peponocephala electra), short-finned
pilot whales (Globicephala macrorhynchus), and sperm whales (Physeter
macrocephalus). NMFS received requests for LOAs from W&T Offshore, Inc.
(W&T Offshore) and W&T Energy VI, LLC (W&T Energy) for activities
covered by EROS regulations.
Reporting
NMFS Galveston Laboratory's Platform Removal Observer Program
(PROP) has provided reports for W&T Offshore's removal of offshore
structures during 2012. W&T Energy does not have reports for any
operations to date. NMFS PROP observers and non-NMFS observers reported
the following during W&T Offshore's EROS operations in 2012:
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Biological
Marine mammals impacts
Company Structure Dates sighted observed to
(individuals) marine mammals
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W&T Offshore................... Eugene Island Area, March 27 to 30, Bottlenose None.
Block 196, Platform B. 2012. dolphins (2).
W&T Offshore................... Eugene Island Area, April 9 to 12, 16 Spotted dolphins None.
Block 205, Platform D. to 17, 23 to 25, (60).
2012.
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Pursuant to these regulations, NMFS has issued LOAs to W&T Offshore
and W&T Energy. Issuance of the LOAs is based on a finding made in the
preamble to the final rule that the total taking over the five-year
period (with monitoring, mitigation, and reporting measures) will have
a negligible impact on the affected species or stock(s) of marine
mammals and will not have an unmitigable adverse impact on subsistence
uses. NMFS will review reports to ensure that the applicants are in
compliance with meeting the requirements contained in the implementing
regulations and LOA, including monitoring, mitigation, and reporting
requirements.
Dated: April 11, 2013.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-08857 Filed 4-15-13; 8:45 am]
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