🐬Proposed Rule on Marine Mammal Takes During Military Readiness
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Military Readiness Activities in the Hawaii-California Training and Testing Study Area
Summary
NMFS has received a request from the U.S. Department of the Navy (including the U.S. Navy and the U.S. Marine Corps) (Navy) and on behalf of the U.S. Coast Guard (Coast Guard) and U.S. Army (Army) (hereafter, Navy, Coast Guard, and Army are collectively referred to as the Action Proponents) for Incidental Take Regulations (ITR) and multiple associated Letters of Authorization (LOAs) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take of marine mammals incidental to training and testing activities, and modernization and sustainment of ranges conducted in the Hawaii-California Training and Testing (HCTT) Study Area over the course of seven years from December 2025 through December 2032. NMFS requests comments on this proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOAs; agency responses to public comments will be summarized in the final rule, if issued. The Action Proponents' activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA) and the NDAA for Fiscal Year 2019 (2019 NDAA).
Agencies
- Commerce Department
- National Oceanic and Atmospheric Administration
Business Impact
$$$ - High
The proposed rule outlines regulations that govern the incidental take of marine mammals during military training activities, requiring compliance from affected businesses that may participate in or be impacted by these activities. This can lead to new operational standards and potential penalties for non-compliance.