Fish and Wildlife Service
Marine Mammal Protection Act MMPA Incidental Take Authorization DOI FWS
The Marine Mammal Protection Act (MMPA) prohibits the take of marine mammals. Federal agencies and individuals must seek authorization to incidentally take marine mammals when conducting otherwise lawful activities. Two types of incidental take permits can be issued: Incidental Harassment Authorizations (IHAs) and Letters of Authorization (LOAs). IHAs authorize, for periods of not more than one year, incidental taking by harassment only (i.e., injury and/or disturbance but not serious injury or mortality).
Right of Way Authorization DOI FWS
Applications for proposed rights‐of‐way over, upon, under, or through U.S. Fish and Wildlife Service (USFWS) lands. The National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-668ee), as amended by the National Wildlife Refuge System Improvement Act of 1997 (Pub. L. 105-57) authorizes the USFWS to permit a new use, or expand, renew, or extend an existing use, of a refuge only when the USFWS determines it is a compatible use.
Migratory Bird Treaty Act permits
The Migratory Bird Treaty Act prohibits the take, possession, transportation, or sale of migratory birds without a permit. This includes any migratory bird; any part, nests, or eggs; or any product. The migratory bird species protected are listed in 50 CFR 10.13. The FWS is authorized to issue permits for the take, possession, transportation, or sale of migratory birds when compatible with the four Conventions. This includes scientific, exhibition, breeding, depredation, and Native American purposes. The regulations authorizing permits for migratory birds are in 50 CFR Part 21.
Fish and Wildlife Coordination Act Review DOI FWS
The amendments enacted in 1946 require consultation with the Fish and Wildlife Service and the fish and wildlife agencies of States where the "waters of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded, diverted . . . or otherwise controlled or modified" by any agency under a Federal permit or license. Consultation is to be undertaken for the purpose of "preventing loss of and damage to wildlife resources" and ensure fish and wildlife resources receive equal consideration with other project purposed.