Authorization and Certification
Awaiting Information
National Oceanic and Atmospheric Administration
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Marine Mammal Protection Act MMPA Incidental Take Authorization DOC NOAA NMFS
The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions. The MMPA allows, upon request, the incidental take 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 provided the taking would be of small numbers; have no more than a negligible impact on those marine mammal stocks or species; and the take would not have an unmitigable adverse impact on the availability of the species or stock for subsistence uses.
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National Marine Sanctuaries Act Section 304 d Consultation
Under section 304(d) of the National Marine Sanctuaries Act (16 U.S.C. §1 434(d)), any Federal agency taking any action that is likely to destroy, cause the loss of, or injure a sanctuary resource is required to consult with NOAA. At the earliest practical time before final approval of the action, the Federal agency shall provide NOAA with a written statement describing the action and its potential effects. The term Federal action includes private activities authorized by licenses, leases, or permits.
National Marine Sanctuaries Act Issuance of a General Permit of Authorization of a Permitted Activity
Under section 304(d) of the National Marine Sanctuaries Act (16 U.S.C. §1 434(d)), any Federal agency taking any action that is likely to destroy, cause the loss of, or injure a sanctuary resource is required to consult with NOAA. At the earliest practical time before final approval of the action, the Federal agency shall provide NOAA with a written statement describing the action and its potential effects. The term Federal action includes private activities authorized by licenses, leases, or permits.
National Marine Sanctuaries Act Special Use Permit as defined in Section 310
Under section 310 of the National Marine Sanctuaries Act (16 U.S.C. § 1441), NOAA can issue a special use permit (SUP) and collect fees for a limited number of activities that either “establish conditions of access to and use of any sanctuary resource” or “promote public use and understanding of a sanctuary resource.” Any activities permitted under an SUP must also meet four legislative requirements, including a finding that the project will not destroy, cause the loss of, or injure sanctuary resources.
Magnuson Stevens Fishery Conservation and Management Act Section 305 Essential Fish Habitat EFH Consultation
Under the Magnuson Stevens Act (MSA) all Federal agencies must consult on any action they authorize, fund, or undertake, or propose to authorize, fund, or undertake if they determine their actions may adversely affect essential fish habitat (EFH). EFH is defined as defined as those waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity (16 U.S.C. 1802 (10)). Permits are not issued under this authority. NOAA provides conservation recommendations to Federal action agencies to minimize the projects potential adverse effect on EFH.