Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of Mexico

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NMFS has reassessed the statutorily mandated findings supporting its January 19, 2021 final rule, "Regulations Governing Taking Marine Mammals Incidental to Geophysical Survey Activities in the Gulf of Mexico," issued pursuant to the Marine Mammal Protection Act (MMPA), as the estimates of incidental take of marine mammals anticipated from the activities analyzed for the 2021 final rule were erroneous. NMFS has corrected this error and considered and incorporated other newly available and pertinent information relevant to the analyses supporting some of the findings in the 2021 final rule and the taking allowable under the regulations. There are no changes to the specified activities or the specified geographical region in which those activities would be conducted, nor to the original 5-year period of effectiveness. In light of the new information, NMFS presents new analyses supporting our affirmance of the negligible impact determinations for all species, and affirms that the existing regulations, which contain mitigation, monitoring, and reporting requirements, are consistent with the "least practicable adverse impact (LPAI) standard" of the MMPA.