Marine Mammal Protection Act Compliance Report for Activities at Marine Corps Air Station Cherry Point, North Carolina

摘要

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 Range/Complex (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 1371 (a) (5) (A) 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.