Description:
MMPA sec 101(a)(5)(A) 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.
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.
Milestones:
NOAA’s ability to meet this schedule is contingent upon receipt of information required to deem the application adequate and complete. NOAA requires the application for MMPA rulemaking to be submitted 12-18 months prior to the needed incidental take authorization (ITA). To date, the applicant or project sponsor has not identified a target date for submission of an application.
NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information. The estimated timeframe for publishing the Notice of Receipt (NOR) is approximately one month from the date when the application is determined adequate and complete.
NOAA's ability to meet this schedule is contingent upon the extent and nature of comments received on the NOR. Publication of the proposed rule generally takes approximately 5 months after the closing date of the NOR comment period.
This milestone tracks publication of the notice of the ITA in the Federal Register and is a precursor to the actual Authorization, 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 NOAA to make the required finding. We estimate that the Final Rule notification would be published in the FR approximately 5 months after the close of the Proposed Rule comment period.
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 NOAA to make the required finding. We estimate that the process to issue the LOA generally takes 12 - 18 months from receipt of the application, and may be longer for more complex, controversial, or novel projects. There is a 30-day wait period from publishing the Final ITA notice in the FR until the LOA can be issued.