NOAA to Shield Marine Mammals from Gulf Ocean Noise Quakes
Published Date: 2/24/2026
Proposed Rule
Summary
NOAA wants to bring back rules that protect marine mammals during underwater surveys in the Gulf of America. These surveys help find resources but can accidentally harm whales and dolphins, so the new rules aim to reduce that risk. People have until March 26, 2026, to share their thoughts before the rules are finalized.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
Reimplement ITRs to Avoid Coverage Gap
If you operate geophysical survey services, NOAA proposes to reimplement the existing incidental take regulations so the current Letter of Authorization (LOA) permitting framework continues. The existing ITRs are in effect through April 19, 2026, and NMFS proposes to continue those regulations until a new ITR (based on the EnerGeo petition) supersedes them; public comments are due March 26, 2026.
Existing Mitigation and Monitoring Continue
The proposed rule keeps the current mitigation, monitoring, and reporting requirements for surveys, including visual and acoustic observation, shutdown of acoustic sources in certain circumstances, a time-area restriction to protect bottlenose dolphins, vessel strike avoidance measures, and monitoring and reporting obligations. These measures are unchanged from the current ITRs and are described at 50 CFR 217.180 et seq.
Modeled Take Limits and Representative Sources
NMFS will rely on the same modeled take estimates and representative acoustic sources used in prior rulemakings (including modeled arrays of 8,000-in3, 5,110-in3, 4,130-in3, and a single 90-in3 airgun). Take in excess of what is analyzed in this rule would not be authorized, and LOAs will be based on the modeled estimates.
No NEPA Supplementation Required (Preliminary)
NMFS preliminarily determined that supplementation of the 2017 Programmatic Environmental Impact Statement is not warranted under the agency's 2025 NEPA procedures, based on review of updated information and the 2024 rule analyses. NMFS reached the same conclusion when it issued the 2024 final rule.
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Key Dates
Department and Agencies
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