Two marine mammal approval routes would limit conditions on activities

For two approval routes, federal officials would set practical, financially workable conditions to reduce harm to marine mammals. These terms would apply to specified conditions under two approval routes in section 101(a)(5)(A) and (D) of the marine mammal protection law. Specified conditions and requirements could not change an activity’s basic design, location, scope, duration, or timing. Monitoring and reporting requirements would have to be efficient and practical.

Several approval routes would operate without a requirement that only small numbers of marine mammals be affected. These provisions cover the approval routes in section 101(a)(5)(A), (D), and (F) of the marine mammal protection law. The provision allowing approval periods longer than five years concerns only the route in section 101(a)(5)(A).

Marine mammal definitions would use actual injury or disturbance and include a test for negligible impact. The impact test would consider the affected species or population group. An impact would qualify as negligible if it is not reasonably likely to significantly harm the species or group through its yearly survival rate.

Federal officials would base covered decisions solely on the best available scientific and commercial data. The rule would cover every decision under Title I of the marine mammal protection law, including estimates of animal populations and human impacts. Officials could not use precautionary factors or assumptions, or other factors or assumptions that bias their use of the data.