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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.

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.