Notice2025-11501
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Lower Columbia River Dredged Material Management Plan, Oregon and Washington
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 23, 2025
Effective
November 1, 2027
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the Marine Mammal Protection Act (MMPA) as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the United States Army Corps of Engineers (USACE) for the taking of marine mammals incidental to the implementation of the Lower Columbia River Dredged Material Management Plan ("Plan") in Oregon and Washington.
Full Text
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<title>Federal Register, Volume 90 Issue 118 (Monday, June 23, 2025)</title>
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[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Notices]
[Page 26541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11501]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE965]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Lower Columbia River Dredged
Material Management Plan, Oregon and Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as
amended, and implementing regulations, notification is hereby given
that a Letter of Authorization (LOA) has been issued to the United
States Army Corps of Engineers (USACE) for the taking of marine mammals
incidental to the implementation of the Lower Columbia River Dredged
Material Management Plan (``Plan'') in Oregon and Washington.
DATES: The LOA is effective from November 1, 2027, through February 29,
2032.
ADDRESSES: The LOA and supporting documentation are available online
at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-lower-columbia-river-dredged-material">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-lower-columbia-river-dredged-material</a>. In case of problems accessing these documents, please call
the contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the 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 incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to as ``mitigation'');
and requirements pertaining to the mitigation, monitoring, and
reporting of the 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.
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 May 12, 2025, we issued a final rule upon request from the USACE
for authorization to take marine mammals incidental to construction
activities (90 FR 20110). The USACE plans to conduct construction
activities incidental to implementation of the Lower Columbia River
Dredged Material Management Plan in Oregon and Washington over 5 years
(2027-2032). This construction will include use of by vibratory and
impact driving and is expected to produce underwater sound at levels
that have the potential to result in Level A and Level B harassment of
marine mammals.
Authorization
We have issued a LOA to the USACE authorizing the take of marine
mammals incidental to construction activities, as described above. Take
of marine mammals will be minimized through the implementation of the
following planned mitigation measures: (1) required monitoring of the
construction area to detect the presence of marine mammals before
beginning construction activities; (2) shutdown of construction
activities under certain circumstances to avoid injury of marine
mammals; (3) soft start for impact pile driving to allow marine mammals
the opportunity to leave the area prior to beginning impact pile
driving at full power; and (4) use of bubble curtains to attenuate
sound levels when impact pile driving. Additionally, the rule includes
an adaptive management component that allows for timely modification of
mitigation or monitoring measures based on new information, when
appropriate. The USACE will submit reports as required.
Based on these findings and the information discussed in the
preamble to the final rule, the activities described under this LOA
will have a negligible impact on marine mammal stocks and will not have
an unmitigable adverse impact on the availability of the affected
marine mammal stock for subsistence uses.
Dated: June 18, 2025.
Tanya Dobrzynski,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-11501 Filed 6-20-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 23, 2025.
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