Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico
In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that NMFS has issued one-year LOAs to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico.
These authorizations are effective from February 27, 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 Energy Resource
Technology GOM, Inc. (ERT) and Demex International, Inc. (Demex) for
activities covered by EROS regulations.
Reporting
NMFS Galveston Laboratory's Platform Removal Observer Program
(PROP) has provided reports for ERT's removal of offshore structures
during 2012. Demex does not have reports for any operations to date.
NMFS PROP observers and non-NMFS observers reported the following
during ERT's EROS operations in 2012:
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Marine mammals Biological impacts
Company Structure Dates sighted observed to marine
(individuals) mammals
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ERT.............. South Marsh Island May 2 to 7, 2012........... Bottlenose dolphins None.
Area, Block 15, (99).
Platform A.
ERT.............. East Cameron Area, May 8 to 14, 2012.......... Spotted dolphins None.
Block 185, Platform (28); Unidentified
C. dolphins (6).
ERT.............. East Cameron Area, May 15 to 21, 2012......... Bottlenose dolphins None.
Block 184, Platform (25); Spotted
A. dolphins (13).
ERT.............. Vermilion Area, May 20 to 23, 2012......... Spotted dolphins None.
Block 162, Platform (23).
C.
ERT.............. Vermilion Area, May 23 to June 2, 2012..... None................ None.
Block 250, Platform
I.
ERT.............. Vermilion Area, June 3 to 8, 2012.......... Spotted dolphins None.
Block 182, Platform (22).
JA.
ERT.............. South Timbalier June 3 to 4, 2012; June 17 Bottlenose dolphins None.
Area, Block 63, to 19, 2012. (51).
Caisson 18.
ERT.............. South Timbalier June 5 to 8, 2012.......... Bottlenose dolphins None.
Area, Block 63, (19).
Caisson 23.
ERT.............. Vermilion Area, June 8 to 15, 2012......... Spotted dolphins None.
Block 182, Platform (22).
JB.
ERT.............. South Timbalier June 9 to 14, 2012......... Bottlenose dolphins None.
Area, Block 63, (22); Unidentified
Caisson I. dolphins (50).
ERT.............. South Timbalier June 14 to 16, 2012........ None................ None.
Area, Block 63,
Caisson J.
ERT.............. Ship Shoal Area, August 15 to 20, 2012...... Bottlenose dolphins None.
Block 223, Platform (23).
F.
ERT.............. South Timbalier August 21 to 22, 2012...... None................ None.
Area, Block 63,
Caisson 21.
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Pursuant to these regulations, NMFS has issued LOAs to ERT and
Demex. 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.