Federal Register #0648-BN58

NOAA Regulatory Authorization for Incidental Take of Marine Mammals by Texas Parks and Wildlife Department

This opportunity concerns a regulatory action by the National Oceanic and Atmospheric Administration (NOAA) and the National Marine Fisheries Service (NMFS) regarding marine mammal protection during fisheries research in Texas coastal bays. - Government Buyer: - Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) - National Marine Fisheries Service (NMFS), Office of Protected Resources - Texas Parks and Wildlife Department (TPWD) as the authorized entity - Scope of Authorization: - Final rule authorizes TPWD to incidentally take bottlenose dolphins during fisheries research activities - Covers seven distinct bottlenose dolphin stocks across multiple Texas bays - Authorization includes mortality, serious injury, and Level A harassment of dolphins - Period of Performance: - Authorization is valid for a five-year period - Requirements and Conditions: - Strict mitigation measures for use of gillnets (mesh size, deployment, and area restrictions) - Mandatory staff training in Protected Species Safe Handling, Release, and Identification - Comprehensive monitoring and reporting protocols to ensure negligible impact on dolphin populations - No OEMs or commercial vendors are involved, as this is a regulatory compliance action rather than a procurement of goods or services

Description

The National Marine Fisheries Service (NMFS), under the Department of Commerce, promulgates regulations to govern the incidental taking of marine mammals during fisheries research conducted by the Texas Parks and Wildlife Department (TPWD) in the coastal bays of Texas. These regulations allow for the issuance of a Letter of Authorization (LOA) for incidental take during specified activities over a 5-year period from August 1, 2026, through July 31, 2031. The rule prescribes permissible methods of taking, mitigation measures to minimize adverse impacts on marine mammals and their habitat, and monitoring and reporting requirements. The regulations aim to ensure the least practicable adverse impact on marine mammal species or stocks and their habitat during TPWD's fisheries research activities.

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