Description:
Marine Mammal Protection Act (MMPA) Consultation 101(1)(5)(a) rulemaking and Letter of Authorization (LOA).
Agency: NOAA-NMFS
Marine mammals in agency's jurisdiction and in geographic area: Humpback whale, Beluga whale, Killer whale, Harbor porpoise, and Harbor seal.
Milestones:
NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information. We estimate that this generally takes three months from receipt of the initial application for rules.
NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information. Milestone status was paused from 12/01/2017 to 4/11/2018 because NOAA did not receive adequate and complete application information by the 12/01/17 target completion date.
NOAA's ability to meet this schedule is contingent upon the extent and nature of comments received on the Notice of Receipt (NOR). In this instance, there were specific comments on the NOR from the public that required additional analysis by NMFS, so the timing will be extended to allow the applicant time to respond (i.e., applicant’s responses will inform NMFS’ analysis). Additionally, as NMFS will adopt the lead agency EIS for purposes of the MMPA authorization, this milestone is tied to the publication date of the DEIS.
This milestone tracks publication of the notice of the ITA in the Federal Register and does not provide the actual Authorization to take marine mammals, which is provided in the Letter of Authorization (LOA). NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required finding. Additionally, as NMFS will adopt the lead agency EIS for purposes of the MMPA authorization, this milestone is tied to the date of the ROD, as a ROD is needed to sign the final rule. NMFS has estimated an additional two weeks for publication of the final rule from the ROD date to allow time for clearance and publication.
-
Environmental Impact Statement (EIS)
:
Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 05/21/2020
This milestone is the actual Authorization for incidental take of marine mammals. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required finding. As NMFS will adopt the lead agency EIS for purposes of the MMPA authorization, and there is a one-month cooling off period between the final ITA notice and issuance of the LOA, this milestone is tied to a one-month period after publication of the final ITA.