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DOC/NOAA RIN: 0648-AW89 Publication ID: Fall 2008 
Title: ●Take and Import of Marine Mammals: Take of Marine Mammals Incidental to Operations of an LNG Port Facility in Massachusetts Bay 
Abstract: On February 28, 2008, the National Marine Fisheries Service (NMFS) received a request from Tetra Tech EC, on behalf of Northeast Gateway Energy Bridge L.L.C. (Northeast Gateway) for an authorization to take marine mammals by harassment incidental to operation and maintenance of a liquefied natural gas (LNG) 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 Marine Mammal Protection Act (MMPA) is warranted. NMFS has already issued a one-year incidental harassment authorization for this activity pursuant to section 101(a)(5)(D) of the MMPA, which does not require promulgation of regulations. However, since the LNG Port operation and maintenance activities will be ongoing in the foreseeable future, NMFS will propose regulations pursuant to section 101(a)(5)(A) of the MMPA, which would govern these incidental takes under a Letter of Authorization for up to five years. Under section 101(a)(5)(A), NMFS also must prescribe mitigation, monitoring, and reporting requirements in its regulations. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 216   
Legal Authority: 16 USC 1361 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2008    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.  Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Michael Payne
Fishery Biologist
Department of Commerce
National Oceanic and Atmospheric Administration
P.O. Box 21668,
Juneau, AK 99802
Phone:907 586-7235
Fax:301 713-2521
Email: michael.payne@noaa.gov