NOAA Permits Limited Marine Mammal Disturbance in Gulf Surveys
Published Date: 4/17/2026
Rule
Summary
Starting April 20, 2026, NOAA is setting new rules for companies doing geophysical surveys in the Gulf of America to protect marine mammals. These rules let companies get permission to accidentally disturb marine mammals but require them to minimize harm and report what they find. This plan lasts five years and helps balance ocean research with saving sea life.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
Five-Year Permit Framework Restored
Starting April 20, 2026, NOAA reimplements incidental take regulations for geophysical surveys in the Gulf of America that run through April 19, 2031. This means survey companies can continue to get Letters of Authorization (LOAs) to cover accidental disturbance of marine mammals while the rule is in effect.
Mandatory Mitigation, Monitoring, Reporting
Under the rule, survey operators must use visual and acoustic monitoring, follow shutdown rules when marine mammals are detected, avoid vessel strikes, and submit monitoring and reporting as required. These measures are in force for the five-year period (April 20, 2026 to April 19, 2031) and are unchanged from the prior ITRs.
Cap on Authorized Take per LOA
Any Letter of Authorization issued under the rule must not authorize taking that exceeds one-third of the abundance for a species or stock, and NMFS determined total authorized take over the five-year period will have a negligible impact. LOAs therefore cannot authorize take above that one-third abundance cap during April 20, 2026 to April 19, 2031.
Modeling Basis and Source Flexibility
NMFS' analysis uses representative acoustic sources (including 90-in3 single airgun, 4,130-in3, 5,110-in3, and an 8,000-in3 airgun array) and relies on the 8,000-in3 array results as a conservative basis; the rule allows applicants flexibility to use larger or different sources during the five-year period. EnerGeo estimates ~40% of forecast survey effort may use alternative, lower-impact sources, which NMFS may address in a future rulemaking.
Time-Area Limits for Bottlenose Dolphins
The rule includes a time-area restriction designed to avoid effects to bottlenose dolphins in particular places and times. Operators must not conduct surveys in those restricted times/areas as specified in the regulations during the rule period (April 20, 2026 to April 19, 2031).
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Key Dates
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