Cooperating under NEPA
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 to NMFS 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 letter of authorization.
Milestones:
This date is based on the applicant submitting an initial, draft LOA application to NMFS at least 6 months prior to ensure time for the applicant to provide additional information or make revisions that NMFS indicates are necessary in order to deem the application adequate and complete. The date reflects 6-8 months prior to release of the proposed rule or concurrent with cooperating agency review of DEIS (whichever is earlier).
This date is 30 days after receipt of an adequate and complete application. NOAA’s ability to meet this schedule is contingent upon receipt of an adequate and complete application from the applicant.
This date is 6-8 months after the adequate and complete application is received, after the DEIS is released for public comment, and aligns with the schedule to complete ESA consultation. 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 Notice of Receipt, and the ability of NMFS to preliminarily make the required findings.
This date reflects no less than six months after publishing the proposed regulations, no sooner than 60 days after the Record of Decision (ROD), and is contingent upon issuance of the Biological Opinion, FEIS and ROD. 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 findings.
This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action. NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.