Description:
The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions. An incidental take authorization, which may be issued provided certain findings are made, allows for the "take" of marine mammals provided the authorized entity abides by mitigation and monitoring measures and take limits established in the authorization. The project proponent has communicated that the activity may result in the incidental “take" of marine mammals and has expressed plans to submit a request for an MMPA incidental take authorization. Based on initial feedback from the applicant, we anticipate the incidental take authorization under the MMPA for this project will be a rule and subsequent letter of authorization (LOA).
Milestones:
The initial LOA application should be submitted at least 6 months prior to the milestone for NMFS to determine the application complete to allow for time to coordinate any needed revisions. Further, while initial LOA applications that are incomplete (containing placeholders for information to be filled in later) may be submitted for early coordination purposes, these incomplete iterations are not sufficient for purposes of meeting this milestone. This milestone date is the date that a LOA application containing all needed information is submitted.
NOAA’s ability to meet this schedule is contingent upon receipt of information required to deem the application adequate and complete.
NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information.
NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information and the extent and nature of comments received on the Notice of Receipt (NOR). Additionally, this milestone must occur either concurrently with publication of the DEIS, or after the publication of the DEIS, to avoid preceding the lead agency’s description of the proposed activity to the public. FERC finalized an EIS on March 6, 2020 on which NOAA was a cooperating agency. NOAA adopted the EIS on February 16, 2021.
This milestone is a precursor to the Incidental Take Authorization, which is provided in the Letter of Authorization (LOA). NOAA Fisheries’ 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 NOAA Fisheries to make the findings required by the MMPA. It is also dependent upon completion of NEPA (i.e., signature of ROD or FONSI), and the completion of the ESA section 7 consultation.
This milestone is the date of the issuance of the Authorization (LOA) for incidental take of marine mammals. There is a 30-day waiting period from publishing the Final ITA regulations in the FR until the LOA can be issued. Therefore, this milestone is dependent on the publication of the incidental take regulations in the FR.