MMPA prohibits the take of marine mammals but provides exceptions for incidental take. Federal agencies, companies, and citizens may seek authorization to incidentally take marine mammals when conducting&nbsp;otherwise lawful activities. Two types of incidental take permit authorizations can be issued: Incidental Harassment Authorizations (IHAs) under section 101(a)(5)(D) of the MMPA, and Incidental Take Regulations (ITRs) under section 101(a)(5)(A) of the MMPA.&nbsp;IHAs may be issued for up to 12 months for activities that harass marine mammals, but do not have the potential to cause mortality or serious injury. ITRs may be issued for up to 5 years for activities that harass marine mammals and may have the potential&nbsp;to cause mortality or serious injury. Jurisdiction for the MMPA is shared by the FWS and the NMFS.&nbsp;

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FWS currently has an ITR in place for the Southern Beaufort Sea (SBS)&nbsp;(81 FR 52276, August 5, 2016)&nbsp;for oil and gas activities for the incidental take of polar bears and walruses until August 2021. The AGDC may request an LOA under the SBS ITR. The AGDC may also request an intentional take LOA for polar bear deterrence. Intentional&nbsp;take LOAs are completely separate from ITRs and IHAs and are authorized under different sections of the MMPA.&nbsp;

On June 28, 2018, FWS received a revised request for an ITR for Cook Inlet for oil and gas activities for the incidental take of northern sea otters. The final Cook Inlet ITR, that includes incidental&nbsp;take of northern sea otters during activities associated with the Alaska LNG Project, was published in the Federal Register on August 1, 2019&nbsp;(84 FR 37716). &nbsp;FWS has not received a request from the AGDC for a Letter of Authorization under that ITR. With agreement from the applicant, the FWS is cancelling this action. In the future, the applicant can pursue LOAs under either ITR should they chose&nbsp;to.

Agency: FWS

Marine mammals in agency's jurisdiction and in geographic area:&nbsp;

Polar bears, Pacific walrus: South Beaufort Sea, Chukchi Sea

Sea otters: Cook Inlet

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