NMFS Notice: Incidental Take Authorization for Marine Mammals During Washington State Parks Marine Facilities Replacement Program in North Puget Sound
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The National Marine Fisheries Service (NMFS) has received a formal request from the Washington State Parks and Recreation Commission (State Parks) seeking authorization to incidentally take marine mammals during construction and related activities under its Marine Facilities Replacement Program (MFRP) in North Puget Sound, Washington. The requested authorization would cover a period of 5 years from the date of issuance. The request is being processed under the Marine Mammal Protection Act (MMPA), which requires federal authorization before marine mammals can be incidentally harassed, disturbed, or otherwise taken as a byproduct of lawful non-fishing activities such as construction. NMFS is now initiating the rulemaking process to develop and implement regulations governing the conditions under which such incidental takings may occur. As part of this process, NMFS is inviting public comments, information, and suggestions regarding the State Parks' application. This public participation step is a standard procedural requirement before NMFS can finalize any Letters of Authorization (LOAs) or associated regulations. Members of the public, researchers, tribal governments, and environmental stakeholders are encouraged to submit relevant scientific data or concerns. Marine species likely present in North Puget Sound and potentially affected include harbor seals, Steller sea lions, California sea lions, and harbor porpoises. The type and extent of take will be further defined during the rulemaking process based on the nature of the construction activities involved.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Washington State Parks has applied for a 5-year incidental take authorization under the MMPA for marine mammal disturbance during MFRP construction activities in North Puget Sound
- NMFS is initiating a formal rulemaking process to develop regulations governing the conditions and mitigation measures for incidental takes
- Public comment period opened — stakeholders, tribal governments, and researchers are invited to submit information and concerns to NMFS
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Obligations
What this law requires
Obtain federal authorization from NMFS before incidentally taking marine mammals during Marine Facilities Replacement Program construction activities
Submit a formal request to NMFS for incidental take authorization that includes specification of the type and extent of take expected during construction activities
Comply with conditions specified in Letters of Authorization (LOAs) issued by NMFS for the 5-year authorization period
Ensure incidental take of marine mammals occurs only as a byproduct of lawful non-fishing activities and not as a direct or intentional taking
Participate in NMFS rulemaking process and public comment period to allow definition of take types and extent based on specific construction activities involved