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FAST-41 Missed Date: Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOI-FWS)

Submitted by Anonymous on

Final Required Milestone Date of 05/04/2020 for Incidental Take Authorization Decision Rendered has passed by 5 business days

Action
Project Name: Responsible Agency:
Fish and Wildlife Service
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Cancelled
POC Name:
Sarah Conn
POC Title:
Field Supervisor
POC Email:

Description:

MMPA prohibits the take of marine mammals but provides exceptions for incidental take. Federal agencies, companies, and citizens may seek authorization to incidentally take marine mammals when conducting otherwise lawful activities. Two types of incidental take permit authorizations can be issued: Incidental Harassment Authorizations (IHAs) under section 101(a)(5)(D) of the MMPA, and Incidental Take Regulations (ITRs) under section 101(a)(5)(A) of the MMPA. IHAs may be issued for up to 12 months for activities that harass marine mammals, but do not have the potential to cause mortality or serious injury. ITRs may be issued for up to 5 years for activities that harass marine mammals and may have the potential to cause mortality or serious injury. Jurisdiction for the MMPA is shared by the FWS and the NMFS. 

 

FWS currently has an ITR in place for the Southern Beaufort Sea (SBS) (81 FR 52276, August 5, 2016) for oil and gas activities for the incidental take of polar bears and walruses until August 2021. The AGDC may request an LOA under the SBS ITR. The AGDC may also request an intentional take LOA for polar bear deterrence. Intentional take LOAs are completely separate from ITRs and IHAs and are authorized under different sections of the MMPA. 

On June 28, 2018, FWS received a revised request for an ITR for Cook Inlet for oil and gas activities for the incidental take of northern sea otters. The final Cook Inlet ITR, that includes incidental take of northern sea otters during activities associated with the Alaska LNG Project, was published in the Federal Register on August 1, 2019 (84 FR 37716).  FWS has not received a request from the AGDC for a Letter of Authorization under that ITR. With agreement from the applicant, the FWS is cancelling this action. In the future, the applicant can pursue LOAs under either ITR should they chose to.

Agency: FWS

Marine mammals in agency's jurisdiction and in geographic area: 

Polar bears, Pacific walrus: South Beaufort Sea, Chukchi Sea

Sea otters: Cook Inlet

 

Milestones:

FWS Determines ITA Application is Complete (Applicant Action)
Completed Date:
Publish Proposed ITA in Federal Register (Agency Action)
Completed Date:
Publish Final ITA Regulations in Federal Register (LOA Only) (Agency Action)
Completed Date:
ITA decision rendered (Agency Action)
Current Target Date:
Milestone
ITA decision rendered (Agency Action)
Current Target Date:
Project

PROJECT WEBSITE: http://alaska-lng.com/

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
04/13/2023

14 out of 14

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Pipelines

SECTOR
Pipelines

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Federal Energy Regulatory Commission

LEAD AGENCY
Federal Energy Regulatory Commission

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of Homeland Security

Department of Homeland Security, US Coast Guard

Department of the Interior

Department of the Interior, Bureau of Land Management

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of Energy

Department of Energy, Office of Fossil Energy

Department of the Interior

Department of the Interior, National Park Service

Department of Energy

Department of Energy

Description:

The Alaska LNG Project is comprised of the following integrated and interdependent facilities:  a liquefied natural gas (LNG) terminal in Southcentral Alaska designed to produce up to 20 million metric tons per annum of LNG; an approximately 807-mile, 42-inch diameter gas pipeline; a gas treatment plant (GTP) within the Prudhoe Bay Unit (PBU) on the North Slope; an approximately 1-mile, 60-inch diameter gas transmission line connecting the GTP to the PBU gas production facility; and an approximately 63 mile, 32-inch diameter gas transmission line connecting the GTP to the Point Thomson gas production facility.  The mainline of the Alaska LNG Project will traverse over 800 miles from the GTP on the North Slope of Alaska through several boroughs before it crosses Cook Inlet and connects with the liquefaction plant and marine terminal in Nikiski, Alaska. 

Fast-41 Initiation Notice

Project Application and Supporting Documents

Federal Agency Actions

FERC Litigation

  • None filed.

 

For improved transparency, FERC is providing this supplemental table to reflect the additional federal authorizations that may be required for the Alaska LNG Project.  

Additional Federal Agency Permitting Timetable for the Alaska LNG Project 
Responsible Agency Federal Permit/Review Status Applicable Timelines
US Coast Guard Letter of Recommendation Complete Receipt of Letter of Intent:  May 15, 2014
Receipt of Waterway Suitability Assessment:  March 18, 2016
Letter of Recommendation to FERC:  August 17, 2016

 

Last updated May 22, 2020

field_status
System Comments
Final Required Milestone Date of 05/04/2020 for Incidental Take Authorization Decision Rendered has passed by 5 business days
Approver Comments
The milestone completion date was missed before the dashboard functionality was added and the delay subsequently was resolved
Previous Action Status
New Action Status
Missed Date Process
No
Missed Date Triggered by Extension
No
New Milestone
ITA decision rendered (Agency Action)
Current Target Date:
Response Date