Notice2025-23393
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to National Oceanic and Atmospheric Administration Office of Marine and Aviation Operations Research Vessel Relocation at Naval Station Newport, Rhode Island
Primary source
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Published
December 19, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Navy on behalf of NOAA Office of Marine and Aviation Operations (OMAO) for an incidental harassment authorization (IHA) that would authorize take for a subset of activities in an IHA previously issued to OMAO to incidentally take marine mammals from construction activities at Naval Station (NAVSTA) Newport, Rhode Island, by Level B harassment only. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible 1- year renewal IHA that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.
Full Text
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<title>Federal Register, Volume 90 Issue 242 (Friday, December 19, 2025)</title>
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[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59507-59512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23393]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF254]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to National Oceanic and Atmospheric
Administration Office of Marine and Aviation Operations Research Vessel
Relocation at Naval Station Newport, Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed issuance of an Incidental Harassment
Authorization (IHA); request for comments.
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SUMMARY: NMFS has received a request from the U.S. Navy on behalf of
NOAA Office of Marine and Aviation Operations (OMAO) for an incidental
harassment authorization (IHA) that would authorize take for a subset
of activities in an IHA previously issued to OMAO to incidentally take
marine mammals from construction activities at Naval Station (NAVSTA)
Newport, Rhode Island, by Level B harassment only. Pursuant to the
Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its
proposal to issue an IHA to incidentally take marine mammals during the
specified activities. NMFS is also requesting comments on a possible 1-
year renewal IHA that could be issued under certain circumstances and
if all requirements are met, as described in Request for
[[Page 59508]]
Public Comments at the end of this notice. NMFS will consider public
comments prior to making any final decision on the issuance of the
requested MMPA authorizations and agency responses will be summarized
in the final notice of our decision.
DATES: Comments and information must be received no later than January
20, 2026.
ADDRESSES: Comments should be addressed to the Permits and Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service and should be submitted via email to <a href="/cdn-cgi/l/email-protection#0c45585c226f636f677e6960604c62636d6d226b637a"><span class="__cf_email__" data-cfemail="c38a9793eda0aca0a8b1a6afaf83adaca2a2eda4acb5">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. All comments received are a part of
the public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
Electronic copies of the original application and supporting
documents (including NMFS Federal Register notices of the original
proposed and final authorizations, and the previous IHA), as well as a
list of the references cited in this document, may be obtained online
at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-office-marine-and-aviation-operations-research-vessel">https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-office-marine-and-aviation-operations-research-vessel</a>. In case of problems accessing these documents, please call the
contact listed above.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, 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 such species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
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 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 has preliminarily determined
that the issuance of the proposed IHA qualifies to be categorically
excluded from further NEPA review.
We will review all comments submitted in response to this
notification prior to concluding our NEPA process or making a final
decision on the IHA request.
History of Request
On May 6, 2022, NMFS received a request from the U.S. Navy on
behalf of OMAO for an IHA to take marine mammals incidental to
construction activities associated with the relocation of NOAA research
vessels to the Naval Station Newport in Rhode Island. OMAO's request
was for authorization of take of seven species of marine mammals by
Level B harassment and, for four of these species, Level A harassment.
NMFS published a notice of the proposed IHA in the Federal Register on
November 2, 2022 (87 FR 66133). NMFS subsequently issued the IHA on
December 21, 2022 (87 FR 78072), which was effective from February 1,
2024 through January 31, 2025.
On November 15, 2024, NMFS received an application for the renewal
of the 2024 IHA. The remaining activities of the construction project
included removal of abandoned guide piles along the bulkhead,
demolition of the current floating dock, installation of gangway
support piles and fender piles, installation and removal of piles for a
construction template, and construction of a small boat floating dock.
Therefore, NMFS issued a renewal (90 FR 11400, March 6, 2025) (herein
referred to as the 2025 renewal IHA) to OMAO authorizing take
incidental to the remaining work that could not be accomplished during
the timeframe of the 2024 IHA. This renewal will expire on January 31,
2026.
On August 27, 2025, the Navy on behalf of OMAO submitted an
application for the remaining work that was not accomplished under the
2024 IHA and the 2025 renewal IHA. The application was deemed adequate
and complete on December 5, 2025 (the 2025 Request). OMAO's request is
for take of the same seven species of marine mammals, comprising three
cetacean and four pinniped stocks, by Level B harassment only. Neither
OMAO nor NMFS, expect serious injury or mortality to result from this
activity, and therefore, an IHA is appropriate. Take by Level A
harassment (injury) is considered unlikely, even absent mitigation,
based on the small sizes of the associated harassment zones. The 2024
IHA and the 2025 renewal IHA included take by Level A harassment
because during that phase of construction the use of impact and a down
the hole (DTH) mono-hammer was used and resulted in larger Level A
harassment zones increasing the likelihood of that level of take.
This request is very similar to the 2024 IHA and NMFS relies
substantially herein, as appropriate, on the information previously
presented in the notices associated with the issuance of the 2024 IHA
(87 FR 78072, December 21, 2022). This proposed IHA would authorize
take for a subset of the activities originally planned during the 2024
IHA and the 2025 renewal IHA. However, some changes have occurred
during this year's evaluation of the project. Source levels and
harassment
[[Page 59509]]
zone distances have been adjusted based on updated source level
information and amount of time pile driving is expected to occur each
day. Marine mammal densities have also been updated based on new
information. The proposed mitigation, monitoring, and reporting
measures remain the same as prescribed in the 2024 IHA with slight
modifications (e.g., shutdown zones distance changes) (see Proposed
Mitigation and Proposed Monitoring and Reporting). The proposed IHA
would be valid for the statutory maximum of 1 year from the date of
effectiveness, and will become effective upon written notification from
the applicant to NMFS, but not beginning later than 1 year from the
date of issuance or extending beyond 2 years from the date of issuance.
Description of the Proposed Activity and Anticipated Impacts
The proposed activity would establish adequate pier, shoreside, and
support facilities to support the relocation of four NOAA Atlantic
Fleet research vessels at NAVSTA Newport, RI. This includes the
construction of a new pier, trestle, small boat floating dock,
bulkhead, and shore side facilities in Coddington Cove. The 2024 IHA
and the 2025 renewal IHA covered the installation and removal of 1,103
piles of various sizes over an estimated 343 days of pile driving with
impact and vibratory hammers (87 FR 78072, December 21, 2022). OMAO did
not complete all the initially planned work, and now requests this
proposed IHA to authorize take incidental to the installation of the
remaining 201 16-in (inch) steel fender piles.
The 2024 IHA and the 2025 renewal IHA authorized Level A and B
harassment of four species of marine mammals and Level B harassment of
three species of marine mammals. OMAO is only requesting authorization
to harass these same species by Level B harassment only. Take by Level
A harassment is unlikely given the small sizes of the harassment zones
and expected shutdown procedure (see Proposed Mitigation) would likely
prevent auditory injury of all marine mammal species that are proposed
for take under this IHA.
To support public review and comment on the IHA that NMFS is
proposing to issue here, we refer to the documents related to the
previously issued IHA and discuss any new or changed information here.
The previous documents include the Federal Register notice of the
proposed IHA (87 FR 66133, November 2, 2022), Federal Register notice
of issuance of the 2024 IHA (87 FR 78072, December 21, 2022), and all
associated references and documents. NMFS also refers the reader to
OMAO's previous and current applications and monitoring reports which
can be found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-office-marine-and-aviation-operations-research-vessel">https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-office-marine-and-aviation-operations-research-vessel</a>.
Detailed Description of the Action
A detailed description of the proposed construction activities is
found in these aforementioned Federal Register notices and documents
associated with the previous IHAs. Work completed under the 2024 IHA
and 2025 renewal included the use of vibratory, impact, rotary drill,
and a DTH mono-hammer to install and remove piles at NAVSTA Newport.
During the work completed thought the authorized period of these IHAs
782 piles were either installed or removed out of the 983 originally
planned.
The location, timing, and nature of the activities, including the
types of equipment planned for use (vibratory hammers), are identical
to those described in the previous notices. Of the 983 piles 201 fender
piles were unable to be installed during the period of authorization
under the 2024 IHA and the 2025 renewal. Take incidental to this work
would be authorized under this proposed IHA. In the 2024 IHA it was
expected to require 50 days to install the fender piles but the Navy
and OMAO have revised that estimate to 130 days in this new
application. This revision was determined by the Navy and OMAO based on
updated daily production estimates of vibratory pile installation.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in the previous documents for the 2024 IHA (87 FR 66133,
November 2, 2022; 87 FR 78072, December 21, 2022), which remains
applicable to this proposed IHA. In addition, NMFS reviewed the most
recent draft Stock Assessment Reports (SARs, found on NMFS' website at
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>), up-to-date information on relevant
Unusual Mortality Events (UMEs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-unusual-mortality-events">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-unusual-mortality-events</a>), and recent scientific literature and determined that no new
information affects our original analysis of impacts under the 2024
IHA.
NMFS notes that, since the issuance of the 2024 IHA, new SARs are
available for common dolphin (Delphinus delphis), harbor porpoise
(Phocoena phocoena), and gray seals (Halichoerus grypus). The best
estimate of abundance for each of these species has declined since the
issuance of the 2024 IHA. The common dolphin abundance estimate
decreased from 172,974 to 93,100 individuals, the harbor porpoise
abundance estimate decreased from 95,543 to 85,765 individuals, and the
estimate for the portion of gray seals present in U.S. waters decreased
from 27,911 to 27,300 individuals. None of these abundance estimate
decreases change the findings NMFS made in the 2024 IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in the documents
supporting the 2024 IHA (87 FR 66133, November 2, 2022; 87 FR 78072,
December 21, 2022), which remains applicable to the issuance of this
proposed IHA. At present, there is no new information on potential
effects that would impact our analysis.
Estimated Take
A detailed description of the methods used to estimate take
anticipated to occur incidental to the proposed project can be found in
the previous Federal Register notices for the 2024 IHA (87 FR 66133,
November 2, 2022; 87 FR 78072, December 21, 2022) and the Federal
Register notices for the renewal (90 FR 8009, January 23, 2025; 90 FR
11400, March 6, 2025) including incorporation of the updated 2024
Technical Guidance (89 FR 84872, October 24, 2024).
NMFS also updated the source level that was used for the vibratory
installation of 16-in steel pipe piles in the previous Federal Register
notices for the 2024 IHA (87 FR 66133, November 2, 2022; 87 FR 78072,
December 21, 2022) from 162 Root Mean Square (RMS) decibel (dB) re 1
micro pascal ([mu]Pa) to 163 RMS (dB re 1 [mu]Pa). This update to the
source level has changed the estimated Level A and Level B harassment
zones that were previously estimated for the 2024 IHA and renewal of
that IHA. The estimated radial distance to the Level B harassment
threshold for all marine mammals is 7,356 meters (m) (2024 IHA
estimated distance was 6,310 m). When calculating the maximum
ensonified area the distance is truncated by shoreline in all
directions, so sound will not reach the full distance of the
[[Page 59510]]
calculated Level B harassment isopleth. Therefore, the maximum
ensonified area for this project is 8.52 kilometers (km\2\). The 2024
IHA estimated the same ensonified area for the 16-in steel fender
piles. Table 1 outlines the updated zone sizes and the corresponding
area of the zones.
Table 1--Distance to Level A Harassment and Level B Harassment Thresholds for Vibratory Installation of the 16-
in. Steel Fender Piles
----------------------------------------------------------------------------------------------------------------
Injury (AUD INJ onset) Level A * Behavioral disturbance
---------------------------------------------------------------------------------------- Level B
------------------------
High-frequency cetaceans 201 dB sound Very high-frequency Phocid Pinnipeds 195 dB All marine mammals 120
exposure level (SEL)Cumulative (CUM) cetaceans 181 dB SELCUM SELCUM threshold radial dB RMS threshold
threshold radial distance/area threshold radial distance/area baseline radial
distance/area distance/area
----------------------------------------------------------------------------------------------------------------
7.6 m (0.9 m)/181.5 m\2\ (3 m\2\).... 16.3 m (14.3 m)/834.7 25.6 m (5.9 m)/2,058.9 7,356 m (6,310 m)/8.5
m\2\ (642.4 m\2\). m\2\ (109.3 m\2\). km\2\.
----------------------------------------------------------------------------------------------------------------
* Level A harassment zones and corresponding areas from the 2024 IHA in parentheticals. The Level B harassment
zone area is the same as the calculated area in the 2024 IHA.
The Navy and OMAO updated their application with revised densities
for marine mammals based on updates to the Navy Marine Species Density
Database (Roberts et al. 2023). A detailed discussion of the breakdown
of the overall pinniped density by species is available in the 2024 IHA
Federal Register notices (87 FR 66133, November 2, 2022; 87 FR 78072,
December 21, 2022) and section 3 of the Navy and OMAO's application.
These densities have been updated since the issuance of the 2024 IHA
and are available in table 2 for each species.
Table 2--Updated Marine Mammal Densities
------------------------------------------------------------------------
Species density
Species (animal/km\2\) *
------------------------------------------------------------------------
Atlantic white-sided dolphin.......................... 0.0001 (0.003)
Short-beaked common dolphin........................... 0.004 (0.011)
Harbor porpoise....................................... 0.014 (0.012)
Harbor seal........................................... 0.439 (0.0623)
Gray seal............................................. 0.306 (0.131)
Harp seal............................................. 0.131 (0.05)
Hooded seal........................................... 0 (0.001)
------------------------------------------------------------------------
* Densities used to estimate take in the 2024 IHA are in parentheses.
As described above the take estimates were calculated using the
same methods as the 2024 IHA Federal Register notices (87 FR 66133,
November 2, 2022; 87 FR 78072, December 21, 2022). However, given the
low number of expected takes of Atlantic white-sided dolphin and common
dolphins NMFS used data from Oliveira et al. (2024) to estimate the
average group size of these species at 16 and 30 individuals
respectively. This group size was used as a proxy for the take estimate
since the calculated take was lower than the average group size. The
proposed take to be authorized for this project can be found in table
3.
Table 3--Estimated Take by Level B Harassment by Species, and Percent of Stock
----------------------------------------------------------------------------------------------------------------
Take as a
Species Stock Level B take Stock size percentage of
request the stock
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin.......... Western North Atlantic 16 93,233 <0.1
Stock.
Short-beaked common dolphin........... Western North Atlantic 30 93,100 <0.1
Stock.
Harbor porpoise....................... Gulf of Maine/Bay of 15 85,765 <0.1
Fundy.
Harbor seal........................... Western North Atlantic 486 61,336 3.4
Stock.
Gray seal............................. Western North Atlantic 339 27,911 5.2
Stock.
Harp seal............................. Western North Atlantic 145 7,600,000 <0.1
Stock.
Hooded seal........................... Western North Atlantic 1 UNK N/A
Stock.
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Proposed Mitigation
The proposed mitigation measures are nearly identical to those
included in the FR Notice announcing the final 2024 IHA (87 FR 66133,
November 2, 2022; 87 FR 78072, December 21, 2022) and the discussion of
the least practicable adverse impact included in that document remains
accurate. The shutdown zone sizes have been updated by the Navy. The
shutdown zone sizes used in the 2024 IHA for this activity were 20 m
for cetaceans and 10 m for pinnipeds. The following measures are
proposed for inclusion in this IHA:
Implementation of a Shutdown Zone
For all of the proposed pile driving activities, OMAO would
implement shutdowns of pile driving activity within the established
zone. Implementation of shutdowns will be used to avoid incidental
Level A harassment takes from the proposed vibratory pile driving. The
established shutdown zone would be 35 m for all marine mammal hearing
groups during the installation of the 16-in steel fender piles. The
placement of protected species observers (PSOs) during all pile driving
activities (see Proposed Monitoring and Reporting section) would ensure
the full extent of shutdown zones are visible to PSOs. If a marine
mammal is observed within the shutdown zone, construction activity
would be delayed until the animal has voluntarily exited and been
visually confirmed beyond the shutdown zone or has not been observed
for 15 minutes.
Establishment of a Monitoring Zone
A monitoring zone provides utility for observing by establishing
monitoring protocols for areas adjacent to the shutdown zones. The
monitoring zone enables PSOs to be aware of and communicate the
presence of marine mammals in the project area outside the
[[Page 59511]]
shutdown zone and thus prepare for a potential cessation of activity
should the animal enter the shutdown zone. PSOs would monitor the
monitoring zone to the extent practicable to maintain the best sense of
where animals are moving relative to a zone boundary. The monitoring
zone is equivalent to the Level B harassment zone distance which is
7,356 m. When a marine mammal for which Level B harassment take is
authorized is present in the Level B harassment zone, activities would
continue.
Proposed Monitoring and Reporting
Visual Monitoring
A minimum of two NMFS-approved PSOs must be stationed at strategic
vantage points for the entirety of active construction operations. PSOs
would be independent of the activity contractor (for example, employed
by a subcontractor) and have no other assigned tasks during monitoring
periods. At least one PSO would have prior experience performing the
duties of a PSO during an activity pursuant to a NMFS-issued Incidental
Take Authorization (ITA) or Letter of Concurrence (LOC). Other PSOs may
substitute other relevant experience, education (degree in biological
science or related field), or training for prior experience performing
the duties of a PSO during construction activity pursuant to a NMFS-
issued ITA/LOC.
Pre- and Post-Activity Monitoring
Monitoring would take place from 30 minutes prior to initiation of
pile driving activity (i.e., pre-start clearance monitoring) through 30
minutes post-completion of pile driving activity. In addition,
monitoring for 30 minutes would take place whenever a break in the
specified activity (i.e., vibratory pile driving) of 30 minutes or
longer occurs. Pre-start clearance monitoring would be conducted during
periods of visibility sufficient for the lead PSO to determine that the
shutdown zones (i.e. 35 m) are clear of marine mammals. Pile driving
may commence following 30 minutes of observation when the determination
is made that the shutdown zones are clear of marine mammals.
PSO Requirements
PSOs would be independent (i.e., employees of the entity conducting
construction activities may not serve as PSOs) who have no other
assigned tasks during monitoring periods. At least one PSO would have
prior experience performing the duties of a PSO during an activity
pursuant to a NMFS-issued ITA/LOC. Other PSOs may substitute other
relevant experience, education (degree in biological science or related
field), or training for prior experience performing the duties of a PSO
during construction activity pursuant to a NMFS-issued incidental take
authorization. Other PSOs may substitute education (degree in
biological science or related field) or training for experience.
Reporting
OMAO would submit a draft marine mammal monitoring report to NMFS
within 90 days after the completion of pile driving activities, or 60
days prior to a requested date of issuance of any future IHAs for the
project, or other projects at the same location, whichever comes first.
The marine mammal monitoring report would include an overall
description of work completed, a narrative regarding marine mammal
sightings, and associated PSO data sheets. The details of what would be
included in the report are available in the 2024 IHA Federal Register
notices (87 FR 66133, November 2, 2022; 87 FR 78072, December 21,
2022).
Preliminary Determinations
When issuing the 2024 IHA (87 FR 78072, December 21, 2022), NMFS
found OMAO's proposed construction project would have a negligible
impact on species or stocks annual rates of recruitment and survival
and the amount of taking would be small relative to the population size
of such species or stocks (less than 4 percent). OMAO's proposed
construction activities are nearly identical to those analyzed in
support of the 2024 IHA. Additionally, the potential effects of the
activity, taking into consideration the proposed mitigation and related
monitoring measures, are identical to those evaluated in support of the
2024 IHA. The estimated take proposed to be authorized for this subset
of activity is less than what was authorized in the 2024 IHA (see table
3). The total amount of takes proposed for authorization are small
relative to the best available population size of each species or stock
(less than five percent for all stocks). Additionally, only Level B
harassment is proposed for authorization, which NMFS expects would be
of a lower severity, predominately in the form of avoidance of the
sound sources that may cause a temporary abandonment of the location
during active source use that may result in a temporary interruption of
foraging activities for some species. NMFS does not expect that the
proposed activity will have long-term or permanent impacts as the
acoustic source would be relatively brief amounts of time in relatively
confined footprints and therefore, no impacts on the annual rates of
recruitment or survival are expected to result.
As previously discussed in the 2024 IHA (87 FR 78072, December 21,
2022), impacts from the construction activity are expected to be
localized to the specific area of activity. The specified activity and
associated ensonified areas do not include habitat areas known to be of
special significance (Biologically Import Areas or Endangered Species
Act (ESA)-designated critical habitat) of any marine mammals species.
There are over 22 documented haul-out sites throughout Narragansett Bay
mainly occupied by harbor seals (The Jamestown Press 2025). The Three
Sisters seal haulout is the closest to the project area, just over 1
mile (1.6 km) south of the pier on the open water edge of Coddington
Cove. As hauled out seals would be out of the water, no in-water
effects are expected nor are any in-air effects expected given the
distance of the haulout location from the project area. In conclusion,
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 preliminarily determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; (4) OMAO's activities will not have an unmitigable adverse
impact on taking for subsistence purposes as no relevant subsistence
uses of marine mammals are implicated by this action, and (5)
appropriate monitoring and reporting requirements are included.
Endangered Species Act (ESA)
Section 7(a)(2) of the ESA of 1973 (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
[[Page 59512]]
formal consultation under section 7 of the ESA is not required for this
action.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to OMAO for conducting construction activities, in
Newport, RI, provided the previously mentioned mitigation, monitoring,
and reporting requirements are incorporated. A draft of the proposed
IHA can be found at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-office-marine-and-aviation-operations-research-vessel">https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-office-marine-and-aviation-operations-research-vessel</a>.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the 2024 IHA), the proposed
authorization, and any other aspect of this notice of Proposed IHA for
the proposed construction project. We also request comment on the
potential for renewal of this proposed IHA as described in the
paragraph below. Please include with your comments any supporting data
or literature citations to help inform our final decision on the
request for MMPA authorization.
On a case-by-case basis, NMFS may issue a one-time, 1-year renewal
IHA following notice to the public providing an additional 15 days for
public comments when (1) up to another year of identical or nearly
identical, or nearly identical, activities as described in the
Description of the Proposed Activity and Anticipated Impacts section of
this notice is planned or (2) the activities as described in the
Description of the Proposed Activity and Anticipated Impacts section of
this notice would not be completed by the time the IHA expires and a
renewal would allow for completion of the activities beyond that
described in the History of Request section of this notice, provided
all of the following conditions are met:
<bullet> A request for renewal is received no later than 60 days
prior to the needed renewal IHA effective date (recognizing that the
renewal IHA expiration date cannot extend beyond one year from
expiration of the initial IHA).
<bullet> The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
<bullet> Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
Dated: December 16, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-23393 Filed 12-18-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 19, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.