Report on Consideration of Statutory Factors under Section 120 of the MMPA

The Marine Mammal Protection Act prohibits the take of marine mammals, with certain exceptions and exemptions. One exception is contained in Section 120, which gives us (NOAA Fisheries) authority to permit states to kill certain pinnipeds (seals and sea lions) that are having a significant negative impact on the decline or recovery of at-risk salmonids. Section 120 establishes procedural requirements and identifies specific factors the agency must consider. Authorization under Section 120 may also require environmental review under the National Environmental Policy Act (NEPA), and consultation under the Endangered Species Act (ESA).