Sec. 10. Offshore certainty
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/bill/114/s/1276/is/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Director means the Director of the National Marine Fisheries Service. The term harassment has the meaning given the term in section 3 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1362 ). The term request for incidental harassment authorization means a request submitted to the Director by an individual or entity subject to this Act (or an amendment made by this Act) to conduct an activity in accordance with this Act (or an amendment made by this Act), regardless of whether the activity may result in incidental harassment of a marine mammal or marine mammal stock in the wild.
The Director shall— accept as complete a written request for incidental harassment authorization by not later than 45 days after the date of submission of the request for incidental harassment authorization; or provide to the requester, by not later than 15 days after the date of submission of the request for incidental harassment authorization, a written notice of any additional information required to complete the request for incidental harassment authorization. The Director shall— accept as complete a request for incidental harassment authorization by not later than 30 days after the date of submission of any additional information required under subsection (b)(2); or return the request for incidental harassment authorization to the requester, together with a written explanation of the reasons for denial of the request for incidental harassment authorization.
If the Director fails to respond to a request for incidental harassment authorization in accordance with an applicable deadline under subsection
(b)or (c), the request for incidental harassment authorization shall be considered to be complete. The Director shall proceed with a request for incidental harassment authorization that is accepted as, or considered to be, complete under subsection (b)(1), (c)(1), or
(d)in accordance with section 101(a) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1371(a) ).
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