Marine Mammal Protection Act Compliance Report for Activities at Marine Corps Air Station Cherry Point, North Carolina
MARINE CORPS AIR STATION CHERRY POINT NC
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The United States Marine Corps USMC has prepared this Marine Mammal Compliance Report in accordance with the applicable regulations and the Marine Mammal Protection Act MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 Public Law 108-136. This report analyzes the potential effects to marine mammals associated with bombing and target training within two in-water bombing targets BTs located in Pamlico Sound, North Carolina NC, also known as the Brant Island Target BT-9 and the Rattan Bay BTs of the Piney Island Bombing RangeComplex BT-11. These bombing targets are under the control and management of Marine Corps Air Station MCAS, Cherry Point. The MMPA of 1972, as amended 16 United States Code USC Section 1371a5A and D, authorizes the issuance of regulations, Letters of Authorization LOAs, and Incidental Harrassment Authorizations IHAs for the incidental taking of marine mammals by a specified activity. The issuance of an LOA or IHA occurs when the Secretary of Commerce, after notice has been published in the Federal Register and opportunity for comment has been provided, finds that such takes will have a negligible impact on the species and stocks of marine mammals and will not have an unmitigable adverse impact on their availability for subsistence uses. The National Marine Fisheries Service NMFS has promulgated implementing regulations under 50 Code of Federal Regulations CFR section 216.101-106 that provide a mechanism for allowing the incidental, but not intentional, taking of marine mammals while engaged in a specified activity.
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