Incidental Harassment Authorization Proposed for Marine Mammals During Mal Coombs Stairway Replacement Project in Shelter Cove, California
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 request from the Bureau of Land Management (BLM) to authorize the incidental take of marine mammals during the Mal Coombs Stairway Replacement Project in Shelter Cove, California. Under the Marine Mammal Protection Act (MMPA), such activities that may harass marine mammals require an Incidental Harassment Authorization (IHA) before proceeding. NMFS is now soliciting public comments on its proposal to issue the IHA to BLM for this construction project. The authorization, if granted, would permit incidental—but not intentional—harassment of marine mammals expected to be present in or near the project area during construction activities such as stairway removal and replacement. In addition to the primary one-year IHA, NMFS is also seeking public input on a potential one-time, 1-year renewal of the authorization. Such a renewal could be issued under specific circumstances if all regulatory requirements are satisfied, providing flexibility if the project extends beyond its initial timeline. Public comments will be reviewed and considered before any final decision is made. A summary of agency responses to public comments will be included in the final decision notice, ensuring transparency in the regulatory process.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- NMFS proposes to issue a 1-year Incidental Harassment Authorization (IHA) to BLM for the Mal Coombs Stairway Replacement Project in Shelter Cove, California
- Public comment period opened on the proposed IHA — comments will be formally reviewed before any final authorization decision
- A one-time, 1-year renewal of the IHA is also under consideration and subject to public comment if all MMPA requirements are met
+ 2 more changes with Pro
Obligations
What this law requires
Obtain an Incidental Harassment Authorization (IHA) from NMFS before commencing construction activities (stairway removal and replacement) that may result in incidental harassment of marine mammals
Ensure that any authorized take of marine mammals is incidental in nature and not intentional
Comply with the Marine Mammal Protection Act (MMPA) requirements for activities that may harass marine mammals in the project area
Accept and respond to public comments submitted during the public comment period on the IHA proposal
Include a summary of agency responses to public comments in the final decision notice