9798 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

If additional information is required 

after an application is accepted, funds 

can be withheld by the Grants Officer 

under a special award condition 

requiring the recipient to submit 

additional environmental law 

compliance information sufficient to 

enable NOAA to make an assessment on 

any impacts that a project may have on 

the environment and to verify 

compliance with any environmental 

laws. 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements 

Department of Commerce Pre–Award 

Notification Requirements for Grants 

and Cooperative Agreements contained 

in the Federal Register notice of 

February 11, 2008 (73 FR 7696) are 

applicable to this solicitation. 

Paperwork Reduction Act 

This document contains collection– 

of–information requirements subject to 

the Paperwork Reduction Act (PRA). 

The use of Standard Forms 424, 424A, 

424B, SF–LLL, and CD–346 has been 

approved by the Office of Management 

and Budget (OMB) under the respective 

control numbers 0348–0043, 0348–0044, 

0348–0040, 0348–0046, and 0605–0001. 

Notwithstanding any other provision of 

law, no person is required to, nor shall 

a person be subject to penalty for failure 

to comply with, a collection of 

information subject to the requirements 

of the PRA unless that collection of 

information displays a currently valid 

OMB control number. 

Executive Order 12866 (Regulatory 

Impact Review) 

This notice has been determined to be 

not significant for purposes of the 

Executive Order 12866. 

Executive Order 12132 (Federalism) 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

Prior notice and an opportunity for 

public comment are not required by the 

Administrative Procedure Act or any 

other law for rules concerning public 

property, loans, grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: March 2, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–4801 Filed 3–5–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Nomination of Existing Marine 

Protected Areas to the National 

System of Marine Protected Areas 

AGENCY: NOAA, Department of 

Commerce (DOC). 

ACTION: Public notice and opportunity 

for comment on the list of nominations 

received from Federal, State and 

territorial marine protected area 

programs to join the National System of 

Marine Protected Areas. 

SUMMARY: NOAA and the Department of 

the Interior (DOI) invited Federal, State, 

commonwealth, and territorial marine 

protected areas (MPA) programs with 

potentially eligible existing MPAs to 

nominate their sites to the national 

system of MPAs. The national system 

and the nomination process are 

described in the Framework for the 

National System of Marine Protected 

Areas of the United States (Framework), 

developed in response to Executive 

Order 13158 on Marine Protected Areas. 

The final Framework was published on 

November 19, 2008, and provides 

guidance for collaborative efforts among 

Federal, State, commonwealth, 

territorial, Tribal and local governments 

and stakeholders to develop an effective 

and well coordinated National System 

of MPAs (national system) that includes 

existing MPAs meeting national system 

criteria as well as new sites that may be 

established by managing agencies to fill 

key conservation gaps in important 

ocean areas. 

DATES: Comment on the nominations to 

the national system of MPAs are due 

April 6, 2009. 

ADDRESSES: Comments should be sent to 

Joseph A. Uravitch, National Oceanic 

and Atmospheric Administration, 

National Marine Protected Areas Center, 

1305 East West Highway, N/ORM, 

Silver Spring, MD 20910. Fax: (301) 

713–3110. E-mail: 

mpa.comments@noaa.gov. Comments 

will be accepted in written form by 

mail, e-mail, or fax. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Wenzel, NOAA, at 301–713– 

3100, ext. 136 or via e-mail at 

mpa.comments@noaa.gov. An 

electronic copy of the list of nominated 

MPAs is available for download at 

http://www.mpa.gov. 

SUPPLEMENTARY INFORMATION: 

Background on National System 

The national system of MPAs 

includes member MPA sites, networks 

and systems established and managed 

by Federal, State, Tribal and/or local 

governments that collectively enhance 

conservation of the nation’s natural and 

cultural marine heritage and represent 

its diverse ecosystems and resources. 

Although participating sites continue to 

be managed independently, national 

system MPAs also work together at the 

regional and national levels to achieve 

common objectives for conserving the 

nation’s important natural and cultural 

resources, with emphasis on achieving 

the priority conservation objectives of 

the Framework. MPAs include sites 

with a wide range of protection, from 

multiple use areas to no take reserves 

where all extractive uses are prohibited. 

The term MPA refers only to the marine 

portion of a site (below the mean high 

tide mark) that may include both 

terrestrial and marine components. 

Benefits of joining the national system 

of MPAs, which are expected to increase 

over time as the system matures, 

include a facilitated means to work with 

other MPAs in the region, and 

nationally on issues of common 

conservation concern; fostering greater 

public and international recognition of 

MPAs and the resources they protect; 

priority in the receipt of available 

technical and other support for crosscutting needs; and the opportunity to 

influence Federal and regional ocean 

conservation and management 

initiatives (such as integrated ocean 

observing systems, systematic 

monitoring and evaluation, targeted 

outreach to key user groups, and 

helping to identify and address MPA 

research needs). In addition, the 

national system provides a forum for 

coordinated regional planning about 

place-based conservation priorities that 

does not currently exist. 

Joining the national system does not 

restrict or require changes affecting the 

designation process or management of 

member MPAs. It does not bring State, 

territorial or local sites under Federal 

authority. It does not establish new 

regulatory authority. The national 

system is a mechanism to foster great 

collaboration among participating MPA 

sites and programs enhance stewardship 

in the waters of the United States. 

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Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9799 

Nomination Process 

The Framework describes two major 

focal areas for building the national 

system of MPAs—a nomination process 

to allow existing MPAs that meet the 

entry criteria to become part of the 

system and a collaborative regional gap 

analysis process to identify areas of 

significance for natural or cultural 

resources that may merit additional 

protection through existing Federal, 

State, commonwealth, territorial, Tribal 

or local MPA authorities. The initial 

nomination process for the national 

system began on November 25, 2008, 

when the National Marine Protected 

Areas Center (MPA Center) sent a letter 

to Federal, State, commonwealth, and 

territorial MPA programs inviting them 

to submit nominations of eligible MPAs 

to the national system. The initial 

deadline for nominations was January 

31, 2009; this was extended to February 

13, 2009. 

There are three entry criteria for 

existing MPAs to join the national 

system, plus a fourth for cultural 

heritage. Sites that meet all pertinent 

criteria are eligible for the national 

system. 

1. Meets the definition of an MPA as 

defined in the Framework. 

2. Has a management plan (can be 

site-specific or part of a broader 

programmatic management plan; must 

have goals and objectives and call for 

monitoring or evaluation of those goals 

and objectives). 

3. Contributes to at least one priority 

conservation objective as listed in the 

Framework. 

4. Cultural heritage MPAs must also 

conform to criteria for the National 

Register for Historic Places. 

The MPA Center used existing 

information in the MPA Inventory to 

determine which MPAs meet the first 

and second criteria. The inventory is 

online at http://www.mpa.gov/ 

helpful_resources/inventory.html, and 

potentially eligible sites are posted 

online at http://mpa.gov/pdf/nationalsystem/allsitesumsheet120408.pdf. As 

part of the nomination process, the 

managing entity for each potentially 

eligible site is asked to provide 

information on the third and fourth 

criteria. 

List of MPAs Nominated to the National 

System 

The following MPAs have been 

nominated by their managing programs 

to join the national system of MPAs. A 

list providing more detail for each site 

is available at http://www.mpa.gov. 

Federal Marine Protected Areas 

Marine National Monument 

Papahanaumokuakea Marine National 

Monument, Hawaii. 

National Marine Sanctuaries 

Channel Islands National Marine 

Sanctuary. 

Cordell Bank National Marine 

Sanctuary. 

Fagatele Bay National Marine 

Sanctuary. 

Florida Keys National Marine 

Sanctuary. 

Flower Garden Banks National Marine 

Sanctuary. 

Gray’s Reef National Marine Sanctuary. 

Stellwagen Bank National Marine 

Sanctuary. 

Gulf of the Farallones National Marine 

Sanctuary. 

Hawaiian Islands Humpback Whale 

National Marine Sanctuary. 

Monitor National Marine Sanctuary. 

Monterey Bay National Marine 

Sanctuary. 

Olympic Coast National Marine 

Sanctuary. 

Thunder Bay National Marine 

Sanctuary. 

National Parks 

Assateague Island National Seashore. 

Biscayne National Park. 

Channel Islands National Park. 

Dry Tortugas National Park. 

Everglades National Park. 

Glacier Bay National Park. 

Isle Royale National Park. 

Point Reyes National Park. 

Virgin Islands Coral Reef National 

Monument. 

Virgin Islands National Park. 

National Wildlife Refuges 

ACE Basin National Wildlife Refuge. 

Alaska Maritime National Wildlife 

Refuge. 

Alligator River National Wildlife 

Refuge. 

Anahuac National Wildlife Refuge. 

Aransas National Wildlife Refuge. 

Arctic National Wildlife Refuge. 

Back Bay National Wildlife Refuge. 

Baker Island National Wildlife Refuge. 

Bandon Marsh National Wildlife Refuge. 

Big Boggy National Wildlife Refuge. 

Big Branch Marsh National Wildlife 

Refuge. 

Blackwater National Wildlife Refuge. 

Block Island National Wildlife Refuge. 

Bombay Hook National Wildlife Refuge. 

Bon Secour National Wildlife Refuge. 

Brazoria National Wildlife Refuge. 

Breton National Wildlife Refuge. 

Cape May National Wildlife Refuge. 

Cape Romain National Wildlife Refuge. 

Cedar Island National Wildlife Refuge. 

Cedar Keys National Wildlife Refuge. 

Chassahowitzka National Wildlife 

Refuge. 

Chincoteague National Wildlife Refuge. 

Conscience Point National Wildlife 

Refuge. 

Crocodile Lake National Wildlife 

Refuge. 

Cross Island National Wildlife Refuge. 

Crystal River National Wildlife Refuge. 

Currituck National Wildlife Refuge. 

Delta National Wildlife Refuge. 

Don Edwards San Francisco Bay 

National Wildlife Refuge. 

Dungeness National Wildlife Refuge. 

Eastern Neck National Wildlife Refuge. 

Eastern Shore of Virginia National 

Wildlife Refuge. 

Edwin B. Forsythe National Wildlife 

Refuge. 

Featherstone National Wildlife Refuge 

Fisherman Island National Wildlife 

Refuge 

Grand Bay National Wildlife Refuge. 

Grays Harbor National Wildlife Refuge. 

Great Bay National Wildlife Refuge. 

Great White Heron National Wildlife 

Refuge. 

Guam National Wildlife Refuge. 

Howland Island National Wildlife 

Refuge. 

Huron National Wildlife Refuge. 

Island Bay National Wildlife Refuge. 

J.N. Ding Darling National Wildlife 

Refuge. 

Jarvis Island National Wildlife Refuge. 

John H. Chafee National Wildlife 

Refuge. 

Johnston Island National Wildlife 

Refuge. 

Key West National Wildlife Refuge. 

Kingman Reef National Wildlife Refuge. 

Lewis and Clark National Wildlife 

Refuge. 

Lower Suwannee National Wildlife 

Refuge. 

Mackay Island National Wildlife Refuge. 

Marin Islands National Wildlife Refuge. 

Martin National Wildlife Refuge. 

Mashpee National Wildlife Refuge. 

Matlacha Pass National Wildlife Refuge. 

Midway Atoll National Wildlife Refuge. 

Monomoy National Wildlife Refuge. 

National Key Deer Refuge. 

Nestucca Bay National Wildlife Refuge. 

Ninigret National Wildlife Refuge. 

Nisqually National Wildlife Refuge. 

Nomans Land Island National Wildlife 

Refuge. 

Occoquan Bay National Wildlife Refuge. 

Oyster Bay National Wildlife Refuge. 

Palmyra Atoll National Wildlife Refuge. 

Parker River National Wildlife Refuge. 

Pea Island National Wildlife Refuge. 

Pelican Island National Wildlife Refuge. 

Pine Island National Wildlife Refuge. 

Pinellas National Wildlife Refuge. 

Plum Tree Island National Wildlife 

Refuge. 

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9800 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 

Pond Island National Wildlife Refuge. 

Prime Hook National Wildlife Refuge. 

Protection Island National Wildlife 

Refuge. 

Rachel Carson National Wildlife Refuge. 

Rose Atoll National Wildlife Refuge. 

Sabine National Wildlife Refuge. 

Sachuest Point National Wildlife 

Refuge. 

San Bernard National Wildlife Refuge. 

San Pablo Bay National Wildlife Refuge. 

Seatuck National Wildlife Refuge. 

Shell Keys National Wildlife Refuge. 

Siletz Bay National Wildlife Refuge. 

St. Marks National Wildlife Refuge. 

St. Vincent National Wildlife Refuge. 

Stewart B. McKinney National Wildlife 

Refuge. 

Supawna Meadows National Wildlife 

Refuge. 

Susquehanna National Wildlife Refuge. 

Swanquarter National Wildlife Refuge. 

Sweetwater Marsh National Wildlife 

Refuge. 

Target Rock National Wildlife Refuge. 

Ten Thousand Islands National Wildlife 

Refuge. 

Waccamaw National Wildlife Refuge. 

Wallops Island National Wildlife 

Refuge. 

Wertheim National Wildlife Refuge. 

Willapa National Wildlife Refuge. 

Yukon Delta National Wildlife Refuge. 

Federal/State Partnership Marine 

Protected Areas 

National Estuarine Research Reserves 

Guana Tolomato Matanzas National 

Estuarine Research Reserve, Florida. 

Jacques Cousteau National Estuarine 

Research Reserve, New Jersey. 

Rookery Bay National Estuarine 

Research Reserve, Florida. 

Waquoit Bay National Estuarine 

Research Reserve, Massachusetts. 

State Marine Protected Areas 

American Samoa 

Aua. 

California 

Areas of Special Biological Significance 

(ASBS) 

Ano Nuevo Area of Special Biological 

Significance. 

Bird Rock Area of Special Biological 

Significance. 

Bodega Area of Special Biological 

Significance. 

Carmel Bay Area of Special Biological 

Significance. 

Del Mar Area of Special Biological 

Significance. 

Double Point Area of Special Biological 

Significance. 

Duxbury Reef Area of Special Biological 

Significance. 

Farallon Islands Area of Special 

Biological Significance. 

Farnsworth Bank Area of Special 

Biological Significance. 

Gerstle Cove Area of Special Biological 

Significance. 

Heisler Park Area of Special Biological 

Significance. 

Irvine Coast Area of Special Biological 

Significance. 

James V. Fitzgerald Area of Special 

Biological Significance. 

Jughandle Cove Area of Special 

Biological Significance. 

Julia Pfeiffer Burns Area of Special 

Biological Significance. 

King Range Area of Special Biological 

Significance. 

La Jolla Area of Special Biological 

Significance. 

Laguna Point to Latiga Point Area of 

Special Biological Significance. 

Northwest Santa Catalina Area of 

Special Biological Significance. 

Pacific Creek Area of Special Biological 

Significance. 

Point Lobos Area of Special Biological 

Significance. 

Point Reyes Headlands Area of Special 

Biological Significance. 

Redwoods National Park Area of Special 

Biological Significance. 

Robert E. Badham Area of Special 

Biological Significance. 

Salmon Creek Coast Area of Special 

Biological Significance. 

San Clemente Area of Special Biological 

Significance. 

San Diego Scripps Area of Special 

Biological Significance. 

San Nicolas Island & Begg Rock Area of 

Special Biological Significance. 

Santa Barbara & Anacapa Island Area of 

Special Biological Significance. 

Santa Rosa & Santa Cruz Island Area of 

Special Biological Significance. 

Saunders Reef Area of Special 

Biological Significance. 

Southeast Santa Catalina Area of Special 

Biological Significance. 

Trinidad Head Area of Special 

Biological Significance. 

Western Santa Catalina Area of Special 

Biological Significance. 

Marine Life Protection Act Initiative— 

California’s central coast MPAs 

Ano Nuevo State Marine Conservation 

Area. 

Asilomar State Marine Reserve. 

Big Creek State Marine Conservation 

Area. 

Big Creek State Marine Reserve. 

Cambria State Marine Conservation 

Area. 

Carmel Bay State Marine Conservation 

Area. 

Carmel Pinnacles State Marine Reserve. 

Edward F. Ricketts State Marine 

Conservation Area. 

Elkhorn Slough State Marine 

Conservation Area. 

Elkhorn Slough State Marine Reserve. 

Greyhound Rock State Marine 

Conservation Area. 

Lovers Point State Marine Reserve. 

Moro Cojo Slough State Marine Reserve. 

Morro Bay State Marine Recreational 

Management Area. 

Morro Bay State Marine Reserve. 

Natural Bridges State Marine Reserve. 

Pacific Grove Marine Gardens State 

Marine Conservation Area. 

Piedras Blancas State Marine 

Conservation Area. 

Piedras Blancas State Marine Reserve. 

Point Buchon State Marine 

Conservation Area. 

Point Buchon State Marine Reserve. 

Point Lobos State Marine Conservation 

Area. 

Point Lobos State Marine Reserve. 

Point Sur State Marine Conservation 

Area. 

Point Sur State Marine Reserve. 

Portuguese Ledge State Marine 

Conservation Area. 

Soquel Canyon State Marine 

Conservation Area. 

Vandenberg State Marine Reserve. 

White Rock (Cambria) State Marine 

Conservation Area. 

Florida 

See National Estuarine Research 

Reserves, above. 

Hawaii 

Ahihi Kina’u Natural Area Reserve. 

Hanauma Bay Marine Life Conservation 

District, Oahu. 

Kaho’olawe Island Reserve. 

Kealakekua Bay Marine Life 

Conservation District. 

Molokini Shoal Marine Life 

Conservation District. 

Pupukea Marine Life Conservation 

District, Oahu. 

West Hawaii Regional Fisheries 

Management Area. 

Maryland 

U–1105 Black Panther Historic 

Shipwreck Preserve. 

Massachusetts 

See National Estuarine Research 

Reserves, above. 

New Jersey 

See National Estuarine Research 

Reserves, above. 

Virginia 

Bethel Beach Natural Area Preserve. 

Dameron Marsh Natural Area Preserve. 

False Cape State Park. 

Hughlett Point Natural Area Preserve. 

Kiptopeke State Park. 

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Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9801 

Savage Neck Dunes Natural Area 

Preserve. 

Washington 

Admiralty Head Preserve. 

Argyle Lagoon San Juan Islands Marine 

Preserve. 

Blake Island Underwater Park. 

Brackett’s Landing Shoreline Sanctuary 

Conservation Area. 

Cherry Point Aquatic Reserve. 

Cypress Island Aquatic Reserve. 

Deception Pass Underwater Park. 

False Bay San Juan Islands Marine 

Preserve. 

Fidalgo Bay Aquatic Reserve. 

Friday Harbor San Juan Islands Marine 

Preserve. 

Haro Strait Special Management Fishery 

Area. 

Maury Island Aquatic Reserve. 

San Juan Channel & Upright Channel 

Special Management Fishery Area. 

Orchard Rocks Conservation Area. 

Shaw Island San Juan Islands Marine 

Preserve. 

South Puget Sound Wildfire Area. 

Sund Rock Conservation Area. 

Yellow and Low Islands San Juan 

Islands Marine Preserve. 

Zelia Schultz/Protection Island Marine 

Preserve. 

Review and Approval 

Following this public comment 

period, the MPA Center will forward 

public comments to the relevant 

managing entity or entities, which will 

reaffirm or withdraw (in writing to the 

MPA Center) the nomination. After final 

MPA Center review, mutually agreed 

upon MPAs will be accepted into the 

national system and the List of National 

System MPAs will be posted at http:// 

www.mpa.gov. 

Dated: March 3, 2009. 

John H. Dunnigan, 

Assistant Administrator. 

[FR Doc. E9–4809 Filed 3–5–09; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XN24 

Taking and Importing Marine 

Mammals; Operations of a Liquified 

Natural Gas Port Facility in 

Massachusetts Bay 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization and receipt of 

application for five-year regulations; 

request for comments and information. 

SUMMARY: NMFS has received a request 

from the Northeast Gateway Energy 

Bridge L.L.C. (Northeast Gateway or 

NEG) and its partner, Algonquin Gas 

Transmission, LLC (Algonquin), for 

authorization to take marine mammals 

incidental to operating and maintaining 

a liquified natural gas (LNG) port 

facility and its associated Pipeline 

Lateral by NEG and Algonquin, in 

Massachusetts Bay for the period of May 

2009 through May 2014. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an authorization 

to Northeast Gateway and Algonquin to 

incidentally take, by harassment, small 

numbers of marine mammals for a 

period of 1 year. NMFS is also 

requesting comments, information, and 

suggestions concerning Northeast 

Gateway’s application and the structure 

and content of future regulations. 

DATES: Comments and information must 

be received no later than April 6, 2009. 

ADDRESSES: Comments should be 

addressed to P. Michael Payne, Chief, 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910–3226. The mailbox address for 

providing email comments on this 

action is PR1.0648–XN24@noaa.gov. 

Comments sent via email, including all 

attachments, must not exceed a 10– 

megabyte file size. A copy of the 

application and a list of references used 

in this document may be obtained by 

writing to this address, by telephoning 

the contact listed here (see FOR FURTHER

INFORMATION CONTACT) and is also 

available at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm. 

The Maritime Administration 

(MARAD) and U.S. Coast Guard (USCG) 

Final Environmental Impact Statement 

(Final EIS) on the Northeast Gateway 

Energy Bridge LNG Deepwater Port 

license application is available for 

viewing at http://dms.dot.gov under the 

docket number 22219. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

137. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and 101(a)(5)(D) 

of the MMPA (16 U.S.C. 1361 et seq.) 

direct the Secretary of Commerce 

(Secretary) to allow, upon request, the 

incidental, but not intentional taking of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, a 

notice of a proposed authorization is 

provided to the public for review. 

Authorization shall be granted if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for subsistence uses, 

and if the permissible methods of taking 

and requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking are set forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as: 

an impact resulting from the specified 

activity that cannot be reasonably expected 

to, and is not reasonably likely to, adversely 

affect the species or stock through effects on 

annual rates of recruitment or survival. 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

with respect to certain activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Section 101(a)(5)(D) establishes a 45- 

day time limit for NMFS review of an 

application followed by a 30-day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 

Summary of Request 

On August 15, 2008, NMFS received 

an application from Tetra Tech EC, Inc., 

on behalf of Northeast Gateway and 

Algonquin for an authorization to take 

12 species of marine mammals by Level 

B harassment incidental to operation 

and maintenance of an LNG port facility 

in Massachusetts Bay. Since LNG Port 

operation and maintenance activities 

have the potential to take marine 

mammals, a marine mammal take 

authorization under the MMPA is 

warranted. NMFS has already issued a 

one-year incidental harassment 

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