Description:
Marine Mammal Protection Act (MMPA) Consultation 101(1)(5)(A) reulmaking and Letter of Authorization (LOA)
The MMPA prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters by U.S. citizens. However, the MMPA allows, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographic region. “Take” means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal. NMFS may issue an incidental take authorization if, after public comment, they find the taking will have no more than a "negligible impact" on those marine mammal species or stocks, and not have an "unmitigable adverse impact" on the availability of the species or stock for "subsistence" uses. Incidental take authorizations prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on a species or stock and their habitat, paying particular attention to rookeries, mating grounds, and other areas of similar significance.
Milestones:
-
Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS)
:
ITA decision rendered (Agency Action)
- Completed Date: 02/19/2020
NOAA’s ability to meet this schedule is contingent upon receipt of information required to deem the application adequate and complete.
Publish Notice of Receipt of MMPA application for Letter of Authorization (LOA) in the Federal Register for public comment period. The rulemaking and authorization target dates are contingent upon NMFS receiving sufficient information to initiate those processes. Milestone status was paused from 3/30/2018 to 5/9/2018 because NOAA did not receive adequate and complete application information by the 03/30/2018 target completion date.
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. Schedule was adjusted in fall 2018 to better align with the revised permitting and construction timeline for the project.
This milestone tracks publication of the final notice of the ITA in the Federal Register, and is the precursor to the actual Authorization, which is provided in the 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. Schedule was adjusted in fall 2018 to better align with the revised permitting and construction timeline for the project.
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. Schedule was adjusted in fall 2018 to better align with the revised permitting and construction timeline for the project.