Notice2025-01389
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New London Pier Extension Project at the Naval Submarine Base
Primary source
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Published
January 22, 2025
Effective
February 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Navy (Navy) for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of six species of marine mammals, by Level B harassment, and for take of harbor seals, gray seals, and harp seals by Level A harassment, incidental to construction associated with the New London Pier Extension Project at the Naval Submarine Base (SUBASE) New London in Groton, Connecticut. The project has been delayed and none of the work covered in the initial IHA has been conducted. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA.
Full Text
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<title>Federal Register, Volume 90 Issue 13 (Wednesday, January 22, 2025)</title>
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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7663-7665]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01389]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE606]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the New London Pier Extension
Project at the Naval Submarine Base
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 7664]]
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for the
re-issuance of a previously issued incidental harassment authorization
(IHA) with the only change being effective dates. The initial IHA
authorized take of six species of marine mammals, by Level B
harassment, and for take of harbor seals, gray seals, and harp seals by
Level A harassment, incidental to construction associated with the New
London Pier Extension Project at the Naval Submarine Base (SUBASE) New
London in Groton, Connecticut. The project has been delayed and none of
the work covered in the initial IHA has been conducted. The scope of
the activities and anticipated effects remain the same, authorized take
numbers are not changed, and the required mitigation, monitoring, and
reporting remains the same as included in the initial IHA. NMFS is,
therefore, issuing a second identical IHA to cover the incidental take
analyzed and authorized in the initial IHA.
DATES: This IHA is effective from February 1, 2026, through January 31,
2027.
ADDRESSES: An electronic copy of the final 2024 IHA previously issued
to the Navy, the Navy's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-united-states-navys-construction-us-naval-submarine-base-new">https://www.fisheries.noaa.gov/action/incidental-take-authorization-united-states-navys-construction-us-naval-submarine-base-new</a>. In case
of problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On June 14, 2024, NMFS published final notice of our issuance of an
IHA authorizing take of marine mammals incidental to the New London
Pier Extension Project at Naval the SUBASE New London in Groton,
Connecticut (89 FR 50565). The effective dates of that IHA were
December 1, 2024, through November 30, 2025. On November 20, 2024, the
Navy informed NMFS that the project was delayed. None of the work
identified in the initial IHA (e.g., pile driving and removal) has
occurred. The Navy submitted a request that we issue an identical IHA
that would be effective from February 1, 2026, through January 31,
2027, in order to conduct the construction work that was analyzed and
authorized through the previously issued IHA. Therefore, issuance of
the IHA is appropriate.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
The purpose of this project is to extend the existing Pier 31 to
provide two berths for a submarine platform that is approximately 80 ft
longer than the existing submarines. The location, timing, and nature
of the activities, including the types of equipment planned for use,
are within scope of those described in the initial IHA. The mitigation
and monitoring are also as prescribed in the initial IHA.
Species that are expected to be taken by the planned activity
include Atlantic white-sided dolphin (Lagenorhynchus acutus), harbor
porpoise (Phocoena phocoena), gray seal (Halichoerus grypus), harbor
seal (Phoca vitulina), and harp seal (Pagophilus groenlandicus). A
description of the methods and inputs used to estimate take anticipated
to occur and the take that was authorized is found in the Federal
Register notice of the proposed IHA (89 FR 27717, April 18, 2024). The
data inputs and methods of estimating take are identical to those used
in the initial IHA. NMFS has reviewed recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and recent scientific
literature, and determined that our original analysis of impacts and
take estimate under the initial IHA remains valid.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2024 IHA for the Navy's construction work (89 FR 50565, June
14, 2024), the Navy's application, the Federal Register notice of the
proposed IHA (89 FR 27717, April 18, 2024), and all associated
references and documents.
Determinations
The Navy will conduct activities as analyzed in the initial 2024
IHA. As described above, the number of authorized takes of the same
species and stocks of marine mammals are identical to the numbers that
were found to meet the negligible impact and small numbers standards
and authorized under the initial IHA and no new information has emerged
that would change those findings. The new issued IHA includes identical
required mitigation, monitoring, and reporting measures as the initial
IHA, and there is no new information suggesting that our analysis or
findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and
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their habitat; (2) the authorized takes will have a negligible impact
on the affected marine mammal species or stocks; (3) the authorized
takes represent small numbers of marine mammals relative to the
affected stock abundances; and (4) the Navy's activities will not have
an unmitigable adverse impact on taking for subsistence purposes as no
relevant subsistence uses of marine mammals are potentially effected by
this action.
National Environmental Policy Act
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further
National Environmental Policy Act review. NMFS has determined that the
application of this categorical exclusion remains appropriate for this
reissued IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS determined that formal
consultation under section 7 of the ESA is not required for this
action.
Authorization
NMFS has issued an IHA to the Navy for in-water construction
activities associated with the specified activity from February 1,
2026, through January 31, 2027. All previously described mitigation,
monitoring, and reporting requirements from the initial 2024 IHA are
incorporated.
Dated: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-01389 Filed 1-21-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 22, 2025.
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