Notice2025-21832
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Washington Department of Transportation Mukilteo Wingwalls Repair Project in Puget Sound, 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
December 3, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Washington Department of Transportation (WSDOT) for authorization to take marine mammals incidental to the Mukilteo Wingwalls Repair Project in Puget Sound, Washington.
Full Text
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<title>Federal Register, Volume 90 Issue 230 (Wednesday, December 3, 2025)</title>
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[Federal Register Volume 90, Number 230 (Wednesday, December 3, 2025)]
[Notices]
[Pages 55720-55721]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21832]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF030]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Washington Department of
Transportation Mukilteo Wingwalls Repair Project in Puget Sound,
Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an incidental harassment authorization (IHA) to
Washington Department of Transportation (WSDOT) for authorization to
take marine mammals incidental to the Mukilteo Wingwalls Repair Project
in Puget Sound, Washington.
DATES: This authorization is effective for 1 year from the date of
notification by the IHA holder, not to exceed 1 year from the date of
issuance (November 21, 2025).
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
can be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. If you encounter any issues accessing these documents,
please contact the person listed below.
FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
MMPA Background and Determinations
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Among the exceptions is section 101(a)(5)(D) of the MMPA
(16 U.S.C. 1361 et seq.) which directs the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking by harassment 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 the public has an opportunity to comment on the proposed IHA.
Specifically, NMFS will issue an IHA if it determines 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 subsistence uses (where applicable). 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 such species or stocks for taking for certain
subsistence uses (referred to here as ``mitigation''). NMFS must also
prescribe requirements pertaining to the monitoring and reporting of
such takings. The definitions of key terms, such as ``take,''
``harassment,'' and ``negligible impact,'' can be found in the MMPA and
the NMFS' implementing regulations (see 16 U.S.C. 1362; 50 CFR
216.103).
On July 16, 2025, a notice of NMFS' proposal to issue an IHA to
WSDOT for take of marine mammals incidental to Mukilteo Wingwalls
Repair Project in Puget Sound, WA was published in the Federal Register
(90 FR 31965). In that notice, NMFS indicated the estimated numbers,
type, and methods of incidental take proposed for each species or
stock, as well as the mitigation, monitoring, and reporting measures
that would be required should the IHA be issued. The Federal Register
notice also included analysis to support NMFS' preliminary conclusions
and determinations that the IHA, if issued, would satisfy the
requirements of section 101(a)(5)(D) of the MMPA for issuance of the
IHA. The Federal Register notice included web links to a draft IHA for
review, as well as other supporting documents.
No substantive comments were received during the public comment
period. There are no changes to the specified activity, the species
taken, the proposed numbers, type, or methods of take, or the
mitigation, monitoring, or reporting measures in the proposed IHA
notice. No new information has become available that would
substantively change any of the preliminary analyses, conclusions, or
determinations in the proposed IHA notice. Therefore, the preliminary
analyses, conclusions, and determinations included in the proposed IHA
are considered final.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NAO 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 extraordinary circumstances that would preclude this
categorical exclusion. Accordingly, NMFS has determined that the
issuance of the IHAs qualifies to be categorically excluded from
further NEPA review.
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 ensures 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 proposed for
authorization or expected to result from this activity. Therefore, NMFS
has determined that formal consultation under section 7 of the ESA is
not required for this action.
Authorization
Accordingly, consistent with the requirements of section
101(a)(5)(D) of the MMPA, NMFS has issued an IHA to WSDOT for
authorization to take marine mammals incidental to Mukilteo Wingwalls
Repair Project in Puget Sound, WA.
[[Page 55721]]
Dated: December 1, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-21832 Filed 12-2-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 3, 2025.
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