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Taking and Importing Marine Mammals; Taking Bottlenose Dolphins and Spotted Dolphins Incidental to Oil and Gas Structure Removal Activities in the Gulf of Mexico
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 19, 2002 (Volume 67, Number 76)]
[Proposed Rules]
[Page 19370-19374]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap02-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 020326071-2071-01; I.D. 021402D]
RIN 0648-AP83
Taking and Importing Marine Mammals; Taking Bottlenose Dolphins
and Spotted Dolphins Incidental to Oil and Gas Structure Removal
Activities in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS is proposing to issue regulations authorizing and
governing the taking of bottlenose and spotted dolphins incidental to
the removal of oil and gas drilling and production structures in state
waters and on the Outer Continental Shelf (OCS) in the Gulf of Mexico
for a period not to exceed 1 year. The incidental taking of small
numbers of marine mammals is authorized by the Marine Mammal Protection
Act (MMPA), if certain findings are made and regulations are issued
that include requirements for monitoring and reporting. These
regulations do not authorize the removal of the rigs as such
authorization is provided by the Minerals Management Service (MMS) and
is not within the jurisdiction of NMFS. Rather, these regulations
authorize the unintentional incidental take of marine mammals in
connection with such activities and prescribe methods of taking and
other means of effecting the least practicable adverse impact on the
species and its habitat.
DATES: Comments and information must be received no later than May 6,
2002.
ADDRESSES: Comments on the proposed rule should be addressed to Donna
Wieting, Chief, Marine Mammal Conservation Division, Office of
Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910-
3282. Comments will not be accepted if submitted via e-mail or
Internet. Copies of the Environmental Assessment (EA) for this proposed
rule may be obtained by writing to this address or by telephoning the
contact listed here (see FOR FURTHER INFORMATION CONTACT).
Comments regarding the burden-hour estimate or any other aspect of
the collection of information requirement contained in this proposed
rule should be sent to the Chief of the Office of Protected Resources,
and to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: NOAA Desk Officer, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT: Simona Perry Roberts, Office of
Protected Resources, (301) 713-2322.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA) (16
U.S.C. 1361 et seq.) directs 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 regulations governing the taking are
issued. Effective January 26, 1996, by Department Delegation Order 10-
15, the Secretary of Commerce (Secretary) delegated authority to
perform the functions vested in the Secretary as prescribed by the MMPA
to the Administrator of the National Oceanic and Atmospheric
Administration. On December 17, 1990, under NOAA Administrative Order
205-11, 7.01, the Under Secretary for Oceans and Atmosphere delegated
authority to sign material for publication in the Federal Register to
the Assistant Administrator for Fisheries, NOAA.
Permission for a take shall be granted if the Secretary through
NMFS finds, after notice and opportunity for public comment, that the
taking will involve only small numbers of marine mammals, will have no
more than a negligible impact on the species or stock(s) and will not
have an unmitigable adverse impact on the availability of the species
or stock(s) for subsistence uses. If such findings are warranted, NMFS
must prescribe regulations that include permissible methods of taking
and other means effecting the least practicable adverse impact on the
species and its habitat, and on the availability of the species for
subsistence uses, paying particular attention to rookeries, mating
grounds and areas of similar significance. The regulations must include
requirements pertaining to the monitoring and reporting of such taking.
On October 12, 1995 (60 FR 53145), NMFS issued regulations
governing the taking of bottlenose and spotted dolphins incidental to
oil and gas structure removal activities in state waters and on the
Outer Continental Shelf (OCS) in the Gulf of Mexico (50 CFR 216.141-
148). Under these regulations, operators who removed oil and gas
drilling and production structures and related facilities in state and
Federal waters of the Gulf of Mexico adjacent to the coasts of Texas,
Louisiana, Mississippi, Alabama, and Florida applied for Letters of
Authorization to incidentally take bottlenose and spotted dolphins in
the course of structure removal activities. On November 13, 2000, these
regulations expired and NMFS could no longer issue Letters of
Authorization for structure removal activities in the Gulf of Mexico.
Summary of Action
NMFS proposes new regulations governing the incidental take of
bottlenose dolphins (Tursiops truncatus) and spotted dolphins (Stenella
frontalis and S. attenuata) in water depths equal to or less than 200
meters (m) (656 feet, ft) for a period not to exceed 1 year. If these
new regulations are finalized, operators who remove oil and gas
drilling and production structures and related facilities in state and
Federal waters of the Gulf of Mexico adjacent to the coasts of Texas,
Louisiana, Mississippi, Alabama, and Florida could apply for Letters of
Authorization to incidentally take bottlenose and spotted dolphins in
the course of structure removal activities in water depths equal to or
less than 200 m (656 ft).
NMFS received a request from the American Petroleum Institute (API)
for regulations similar to those proposed here on October 30, 1989. In
their request, API estimated that 670 structures would be removed in
the Gulf of Mexico over a 5-year authorization period. While most of
the structures were in water less than 30.5 m (100 ft) deep, a few may
be in deeper water. A longer range plan estimated that about 5,500
structures will be removed in a 35-year period. The most frequently
used procedure of removal is to wash the soil from inside the piling,
lower an explosive charge to 15 ft (4.6 m) below the mudline, and
detonate the charge, which cuts the piling. On February 12, 2002, API
submitted a request to NMFS requesting an interim policy statement to
provide the industry with protection
[[Page 19371]]
from incidental take liability under the MMPA during the 2002 platform
decommissioning and removal season. In response, NMFS has elected to
propose these regulations.
The effects of explosives used for removal of oil and gas
structures on ESA-listed species under NMFS' purview were analyzed in a
previous biological opinion. That opinion concluded that the use of
explosives to remove oil and gas structures, accompanied by the use of
an observer program and other take minimization measures laid out in
the accompanying incidental take statement, was not likely to
jeopardize the continued existence of endangered and threatened sea
turtles. This proposed regulation to authorize incidental takes of
marine mammals would not change the conclusions of the previous
biological opinion because the underlying action (including the use of
observers and take minimization measures) is the same. No ESA-listed
marine mammals are implicated in this action.
While bottlenose and spotted dolphins are not listed as threatened
or endangered under the ESA, they are protected under the authority of
the MMPA. Therefore, operators removing structures must receive an
authorization under the MMPA before a take is allowed. Similar to the
case for sea turtles, impacts to dolphins would come from exposure to
sound and pressure waves associated with detonating the explosives. API
has stated that the most likely form of incidental take as a result of
structure removals is harassment from low level sound and pressure
waves. However, animals close enough to the detonation could be injured
or killed as a result of tissue destruction. In recognition of this,
removal operators have employed the mitigation measures for sea turtles
to also protect dolphins prior to API's 1989 request to NMFS and since
regulations governing the taking of small numbers of bottlenose and
spotted dolphins expired in November 2000.
Summary of Proposed Rule
This proposed rule would authorize the incidental taking of
bottlenose dolphins and spotted dolphins by U.S. citizens engaged in
removing oil and gas drilling and production structures in state and
Federal waters equal to or less than 200 m (656 ft) in the Gulf of
Mexico adjacent to the coasts of Texas, Louisiana, Mississippi,
Alabama, and Florida for a period not to exceed 1-year. This proposed
rule requires that all activities be conducted in a manner that
minimizes adverse effects on bottlenose dolphins and spotted dolphins
and their habitat. Mitigation, monitoring, and reporting requirements
would be consistent with those in place at the time of this proposal
for the incidental take of endangered and threatened sea turtles
authorized for the same activities under the ESA.
Description of Removal Activities
The technology most commonly used in the dismantling of platforms
includes: bulk explosives, shaped explosive charges, mechanical and
abrasive cutters, and underwater arc cutters. The use of bulk
explosives has become the industry's standard procedure for severing
pilings, well conductors and related supporting structures. When using
bulk charges, the inside of the structure's piles are washed out to at
least 15 ft (4.6 m) below the sediment floor to allow placement of
explosives inside of the structure. Such placement results in a
decrease in the impulse and pressure forces released into the water
column upon detonation. The sizes of the explosive charges are
generally 50 lb (22.7 kg) or less, but can be as much as 200 lb (90.8
kg) when necessary. The use of high velocity shaped charges is reported
to have some advantages over bulk explosives and has been used in
combination with smaller bulk charges. The cutting action obtained by a
shaped charge is accomplished by focusing the explosive energy with a
conical metallic liner. A major advantage associated with use of high
velocity shaped charges is that a smaller amount of explosive charge is
required to sever the structure, which also results in reductions in
the impulse and pressure forces released into the water column. Use of
mechanical cutters and underwater arc cutters can be successful in some
circumstances, and because they do not produce the impulse and pressure
forces associated with detonation of explosives, such use does not
involve the incidental taking of marine mammals. According to MMS,
these methods are, in most instances, more time- consuming, costly and
hazardous to divers. Furthermore, if the use of mechanical or arc
cutters were to fail before the structure was completely severed, a
larger charge may be necessary to remove the structure.
Description of Habitat and Marine Mammals Affected by Oil and Gas
Rig Removals
A description of the Gulf of Mexico continental shelf area and the
biology and abundance of bottlenose and spotted dolphins in the Gulf of
Mexico that are anticipated to be taken by this activity can be found
in the EA prepared for previous rulemaking. This information can also
be found in the previous proposed rule for regulations (58 FR 33425,
June 17, 1993). To avoid the incidental take of other marine mammal
species, NMFS will prohibit the incidental taking of marine mammals in
water depths greater than 200 m (656 ft). Copies of the EA and API's
1989 application are available upon request (see ADDRESSES).
Potential Impact of Removal Activities on Bottlenose and Spotted
Dolphins
The potential for injury to marine mammals in the vicinity of
underwater explosions is associated with gas-containing internal
organs, such as the lungs and intestines. The extent of potential
injury decreases as: (1) distance of the marine mammal from the
explosion increases; (2) size of the marine mammal increases; (3) depth
of the explosion and the affected marine mammal decreases; and, (4)
size of the explosive charge decreases. In addition, explosive charges
confined in structure pilings below the mudline produce shock waves of
lower pressure (at a given distance from the explosion) than free-water
explosions.
A computer model, developed to predict the distances from which
marine mammals would suffer only slight injury from underwater
explosions, estimated that a bottlenose dolphin calf would receive only
slight injury about 4,000 ft (1,200 m) from a 1,200-lb (544-kg) charge
detonated in open water at a depth of 125 ft (38 m). According to API,
most structures scheduled for removal in 2002 are located in water less
than 100 ft (38 m) deep. In most cases, charges are no greater than 50
lb (22.7 kg) and are confined within the structure piles about 15 ft
(4.6 m) below the mudline. Therefore, as explained in detail in the EA,
it may be assumed that marine mammals more than 3,000 ft (910 m) from
structures to be removed would avoid injury caused by the explosions.
An increase in strandings of bottlenose dolphins in the
northwestern Gulf of Mexico occurred in March and April 1986 following
the use of explosives to remove oil and gas structures in the area.
However, there is no evidence linking the strandings to the removal of
the structures. Furthermore, observers at removals of more than 525
structures in the Gulf of Mexico reported no indication of injury or
death to bottlenose or spotted dolphins, or any other marine mammal
related to these structure removals. According to observer reports
required by NMFS during the 5-year duration of the previous
regulations' effectiveness,
[[Page 19372]]
there were no marine mammal takes associated with removal activities.
The best scientific information available indicates that dolphins
cannot hear well in the frequencies emitted by explosive detonations
(Richardson et al., 1991), and additional evidence indicates that they
may not be able to hear the pulse generated from open-water underwater
detonations of explosive charges because of their short duration (ca.
0.05 sec) (Lento, 1992). However, for purposes of this proposed rule,
bottlenose and spotted dolphins will be considered to be taken by
harassment, as a result of a non-injurious physiological response to
the explosion-generated shockwave and potential behavioral impacts. For
example, Turl (1993) has suggested that Atlantic bottlenose dolphins
may be able to detect low frequency sound by some mechanism other then
conventional hearing. In addition, there may be harassment due to
tactile stings from the shockwave accompanying detonations. This type
of taking has been inferred from studies on humans and seems plausible
given studies on dolphin skin sensitivity where researchers (Ridgway,
S.H. and D.A. Carter. 1993; 1990) concluded that the most sensitive
areas of the dolphin skin (mouth, eyes, snout, melon and blowhole) are
about as sensitive as the skin of human lips and fingers. Therefore,
even if dolphins are not capable of hearing the acoustic signature of
the explosion, physiological or behavioral responses to those
detonations may still result.
Preliminary Conclusion
For the reasons discussed above and in an EA prepared for
rulemaking, NMFS believes that the proposed activity will likely result
in the taking of only small numbers of bottlenose and spotted dolphins
by harassment; the total of such taking during a 1-year period will
likely have only a negligible impact on these species; and the takings
will probably not have an unmitigable adverse impact on the
availability of bottlenose and spotted dolphins for subsistence uses.
Classification
This action is not significant for purposes of Executive Order
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration, when the original rule was proposed (58 FR 33425, June
17, 1993), that, if adopted, the rule would not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act. In 1994, approximately 10
small businesses were active in removing oil and gas structures in the
Gulf of Mexico. These small businesses work under contract to major
petroleum companies, which bear the costs of mitigation measures.
Moreover, the mitigation measures required by this proposed rule are
identical to those already being followed by these small businesses
during removal of oil and gas structures to protect endangered and
threatened sea turtles and the number of small business remains about
the same as in 1994. Because of this classification, a regulatory
flexibility analysis was neither required nor prepared. This action
does not alter those conclusions. Therefore, the Chief Counsel for
Regulation is again certifying that the rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. These requirements are
identical to those approved during previous rulemaking on the same
activity by the Office of Management and Budget (OMB) under section
3504(b) of the Paperwork Reduction Act issued under OMB Control number
0648-0151. Public reporting burden for this collection of information
was estimated to average 27.5 hours per response, including the time to
review instructions, search existing data sources, gather and maintain
the data needed and complete and review the collection of information.
Comments regarding the burden-hour estimate or any other aspect of the
collection of information requirement, including suggestions for
reducing the burden to NMFS and OMB (see ADDRESSES) contained in this
proposed rule should be sent to the above individual and to the Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: NOAA Desk Officer, Washington, DC 20503.
National Environmental Policy Act
NMFS' proposed rule to govern the incidental take of bottlenose and
spotted dolphins during removal of oil and gas structures in the Gulf
of Mexico will not individually or cumulatively have a significant
impact on the quality of the human environment. In accordance with
section 6.01 of NOAA Administrative Order 216-6 (Environmental Review
Procedures for Implementing the National Environmental Policy Act, May
20, 1999), NMFS has analyzed both the context and intensity of this
action and determined based on previous environmental assessments that
the rule proposed and the proposal to issue 1-year Letters of
Authorization to the oil and gas industry will not individually or
cumulatively result in a significant impact on the quality of the human
environment as defined in 40 CFR 1508.27 and is therefore categorically
excluded from further NEPA analysis. As a result of that determination,
an environmental impact statement was not been prepared. This action is
within the scope of the previous EA and does not alter its conclusions.
This rule does not contain policies with federalism implications as
that term is defined in E.O. 13132.
List of Subjects in 50 CFR Part 216
Exports, Fish, Imports, Indians, Labeling, Marine mammals,
Penalties, Reporting and record keeping requirements, Seafood,
Transportation.
Dated: April 12, 2002.
William T. Hogarth,
Assistant Administrator, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 216 is
proposed to be added as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
1. The authority citation for part 216 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
2. Subpart M is added to read as follows:
Subpart M--Taking of Bottlenose Dolphins and Spotted Dolphins
Incidental to Oil and Gas Structure Removal Activities
Sec.
216.141 Specified activity and specified geographical region.
216.142 Effective dates.
216.143 Permissible methods of taking; mitigation.
216.144 Prohibitions.
216.145 Requirements for monitoring and reporting.
216.146 Letters of Authorization.
216.147 Renewal of Letters of Authorization.
216.148 Modifications to Letters of Authorization.
[[Page 19373]]
Subpart M--Taking of Bottlenose Dolphins and Spotted Dolphins
Incidental to Oil and Gas Structure Removal Activities
Sec. 216.141 Specified activity and specified geographical region.
(a) Regulations in this subpart apply only to the incidental taking
of marine mammals by U.S. citizens engaged in removing oil and gas
drilling and production structures in state waters and on the Outer
Continental Shelf in the Gulf of Mexico adjacent to the coasts of
Texas, Louisiana, Alabama, Mississippi, and Florida. The incidental,
but not intentional, taking of marine mammals by U.S. citizens holding
a Letter of Authorization is permitted during the course of severing
pilings, well conductors, and related supporting structures, and other
activities related to the removal of the oil well structure.
(b) The incidental take of marine mammals under the activity
identified in paragraph (a) of this section is limited annually to a
total of 200 takings by harassment of bottlenose dolphins (Tursiops
truncatus) and spotted dolphins (Stenella frontalis and S. attenuata).
Sec. 216.142 Effective dates.
Regulations in this subpart are effective from May 1, 2002 through
April 31, 2003.
Sec. 216.143 Permissible methods of taking; mitigation.
(a) The use of the following means in conducting the activities
identified in Sec. 216.141 are permissible: Bulk explosives, shaped
explosive charges, mechanical or abrasive cutters, and underwater arc
cutters.
(b) All activities identified in Sec. 216.141 must be conducted in
a manner that minimizes, to the greatest extent practicable, adverse
effects on bottlenose dolphins, spotted dolphins, and their habitat.
When using explosives, the following mitigation measures must be
utilized:
(1)(i) If bottlenose or spotted dolphins are observed within 3,000
ft (910 m) of the platform prior to detonating charges, detonation must
be delayed until either the marine mammal(s) are more than 3,000 ft
(910 m) from the platform or actions (e.g., operating a vessel in the
vicinity of the dolphins to stimulate bow riding, then steering the
vessel away from the structure to be removed) are successful in
removing them at least 3,000 ft (910 m) from the detonation site;
(ii) Whenever the conditions described in paragraph (b)(1)(i) of
this section occur, the aerial survey required under Sec. 216.145(b)(1)
must be repeated prior to detonation of charges if the timing
requirements of Sec. 216.145(b)(1) cannot be met.
(2) Detonation of explosives must occur no earlier than 1 hour
after sunrise and no later than 1 hour before sunset;
(3) If weather and/or sea conditions preclude adequateaerial,
shipboard or subsurface surveillance, detonations must be delayed until
conditions improve sufficiently for surveillance to be undertaken; and
(4) Detonations must be staggered by a minimum of 0.9 seconds for
each group of charges.
Sec. 216.144 Prohibitions.
Notwithstanding takings authorized by Sec. 216.143 or by a Letter
of Authorization issued under Sec. 216.106, the following activities
are prohibited:
(a) The taking of a marine mammal that is other than unintentional,
except that the intentional passive herding of dolphins from the
vicinity of the platform may be authorized under section 109(h) of the
Act as described in a Letter of Authorization;
(b) The violation of, or failure to comply with, the terms,
conditions, and requirements of this part or a Letter of Authorization
issued or renewed under Sec. 216.106 or Sec. 216.146;
(c) The incidental taking of any marine mammal of a species either
not specified in this subpart or whenever the taking authorization for
authorized species has been reached;
(d) The use of single explosive charges having an impulse and
pressure greater than that generated by a 50-lb (22.7 kg) explosive
charge detonated outside the rig piling; and
(e) The taking of a marine mammal in water depths greater than 656
ft (200 m).
Sec. 216.145 Requirements for monitoring and reporting.
(a) Observer(s) approved by the National Marine Fisheries Service
in advance of the detonation must be used to monitor the area around
the site prior to, during, and after detonation of charges.
(b)(1) Both before and after each detonation episode, an aerial
survey by NMFS-approved observers must be conducted for a period not
less than 30 minutes within 1 hour of the detonation episode. To ensure
that no marine mammals are within the designated 3,000 ft (941 m)
safety zone nor are likely to enter the designated safety zone prior to
or at the time of detonation, the pre-detonation survey must encompass
all waters within one nautical mile of the structure.
(2) A second post-detonation aerial or vessel survey of the
detonation site must be conducted no earlier than 48 hours and no later
than 1 week after the oil and gas structure is removed, unless a
systematic underwater survey, either by divers or remotely-operated
vehicles, dedicated to marine mammals and sea turtles, of the site has
been conducted within 24 hours of the detonation event. The aerial or
vessel survey must concentrate down-current from the structure.
(3) The NMFS observer may waive post-detonation monitoring
described in subparagraph (b)(2) of this section provided no marine
mammals were sighted during either the required 48 hour pre-detonation
monitoring period or during the pre-detonation aerial survey.
(c) During all diving operations (working dives as required in the
course of the removals), divers must be instructed to scan the
subsurface areas surrounding the platform (detonation) sites for
bottlenose or spotted dolphins and if marine mammals are sighted to
inform either the U.S. government observer or the agent of the holder
of the Letter of Authorization immediately upon surfacing.
(d) In water depths of 492 ft (150 m) or greater, or in cases where
divers are not deployed in the course of normal removal operations, a
remotely operated vehicle (ROV) must be deployed prior to detonation to
scan areas below structures. If marine mammals are sighted by the ROV
operator must inform either the U.S. government observer or the agent
of the holder of the Letter of Authorization immediately.
(e) In water depths of 328 ft (100 m) or greater, passive acoustic
detection must be employed prior to detonation. If marine mammals are
sighted by the acoustic detection device, the operator must inform
either the U.S. government observer or the agent of the holder of the
Letter of Authorization immediately.
(f)(1) A report summarizing the results of structure removal
activities, mitigation measures, monitoring efforts, and other
information as required by a Letter of Authorization, must be submitted
to the Regional Administrator, NMFS, Southeast Region, 9721 Executive
Center Drive N, St. Petersburg, FL 33702 within 30 calendar days of
completion of the removal of the rig.
(2) NMFS will accept the U.S. government observer report as the
activity report if all requirements for
[[Page 19374]]
reporting contained in the Letter of Authorization are provided to that
observer before the observer's report is complete.
Sec. 216.146 Letters of Authorization.
(a) To incidentally take bottlenose and spotted dolphins pursuant
to these regulations, each company operating or which operated an oil
or gas structure in the geographical area described in Sec. 216.141,
and which is responsible for abandonment or removal of the platform,
must apply for and obtain a Letter of Authorization in accordance with
Sec. 216.106.
(b) A copy of the Letter of Authorization must be in thepossession
of the persons conducting activities that may involveincidental takings
of bottlenose and spotted dolphins.
Sec. 216.147 Renewal of Letters of Authorization.
(a) A Letter of Authorization issued under Sec. 216.106 for the
activity identified in Sec. 216.141 will be renewed annually upon:
(1) Timely receipt of the reports required under Sec. 216.145(d),
which have been reviewed by the Assistant Administrator and determined
to be acceptable;
(2) A determination that the maximum incidental take authorizations
in Sec. 216.141(b) will not be exceeded; and
(3) A determination that the mitigation measures required under
Sec. 216.143(b) and the Letter of Authorization have been undertaken.
(b) If a species' annual authorization is exceeded, the Assistant
Administrator will review the documentation submitted with the annual
report required under Sec. 216.145(d), to determine that the taking is
not having more than a negligible impact on the species or stock
involved.
(c) Notice of issuance of a renewal of the Letter of Authorization
will be published in the Federal Register.
Sec. 216.148 Modifications to Letters of Authorization.
(a) In addition to complying with the provisions of Sec. 216.106,
except as provided in paragraph (b) of this section, no substantive
modification, including withdrawal or suspension, to the Letter of
Authorization issued pursuant to Sec. 216.106 and subject to the
provisions of this subpart shall be made until after notice and an
opportunity for public comment. For purposes of this paragraph, renewal
of a Letter of Authorization under Sec. 216.147, without modification,
is not considered a substantive modification.
(b) If the Assistant Administrator determines that an emergency
exists that poses a significant risk to the well-being of the species
or stocks of marine mammals specified in Sec. 216.141(b), the Letter of
Authorization issued pursuant to Sec. 216.106, or renewed pursuant to
this section may be substantively modified without prior notice and an
opportunity for public comment. A notice will be published in the
Federal Register subsequent to the action.
[FR Doc. 02-9519 Filed 4-18-02; 8:45 am]
BILLING CODE 3510-22-S