Notice2026-08207
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Military Readiness Activities in the Mariana Islands Training and Testing Study Area
Primary source
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Published
April 28, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the U.S. Department of the Navy (including the U.S. Navy and the U.S. Marine Corps (Navy)) and on behalf of the U.S. Coast Guard (Coast Guard), U.S. Army (Army), and U.S. Air Force (Air Force); hereafter, Navy, Coast Guard, Army, and Air Force are collectively referred to as Action Proponents) for authorization to take marine mammals incidental to training, testing, and modernization and sustainment of ranges conducted in the Mariana Islands Training and Testing (MITT) Study Area over the course of 7 years from July 2027 through July 2034. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Action Proponents' request for the development and implementation of regulations governing the incidental taking of marine mammals and issuance of a 7-year Letter of Authorization (LOA). NMFS invites the public to provide information, suggestions, and comments on the Action Proponents' application and request.
Full Text
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Notices]
[Pages 22810-22812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08207]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF710]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Military Readiness Activities in the Mariana Islands
Training and Testing Study Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 22811]]
ACTION: Notice; receipt of application for regulations and letter of
authorization; request for comments and information.
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SUMMARY: NMFS has received a request from the U.S. Department of the
Navy (including the U.S. Navy and the U.S. Marine Corps (Navy)) and on
behalf of the U.S. Coast Guard (Coast Guard), U.S. Army (Army), and
U.S. Air Force (Air Force); hereafter, Navy, Coast Guard, Army, and Air
Force are collectively referred to as Action Proponents) for
authorization to take marine mammals incidental to training, testing,
and modernization and sustainment of ranges conducted in the Mariana
Islands Training and Testing (MITT) Study Area over the course of 7
years from July 2027 through July 2034. Pursuant to regulations
implementing the Marine Mammal Protection Act (MMPA), NMFS is
announcing receipt of the Action Proponents' request for the
development and implementation of regulations governing the incidental
taking of marine mammals and issuance of a 7-year Letter of
Authorization (LOA). NMFS invites the public to provide information,
suggestions, and comments on the Action Proponents' application and
request.
DATES: Comments and information must be received no later than May 28,
2026.
ADDRESSES: Comments should be addressed to Ben Laws, Incidental Take
Program Supervisor, Permits and Conservation Division, Office of
Protected Resources, National Marine Fisheries Service, and should be
sent to <a href="/cdn-cgi/l/email-protection#eca5b8bcc2888d9a859fac82838d8dc28b839a"><span class="__cf_email__" data-cfemail="4a031e1a642e2b3c23390a24252b2b642d253c">[email protected]</span></a>. An electronic copy of the Action
Proponents' application may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</a>. In case of problems
accessing the document, please call the contact listed below.
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 be generally posted online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</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.
FOR FURTHER INFORMATION CONTACT: Leah Davis, 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 proposed or, if the taking is limited to harassment, a notice of a
proposed authorization is 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 in shorthand as
``mitigation''); and requirements pertaining to the monitoring and
reporting of the takings.
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.
The National Defense Authorization Act (NDAA) for Fiscal Year 2004
(Pub. L. 108-136) amended section 101(a)(5) of the MMPA to remove the
``small numbers'' and ``specified geographical region'' provisions and
amended the definition of ``harassment'' as applied to a ``military
readiness activity'' to read as follows (section 3(18)(B) of the MMPA):
(i) Any act that injures or has the significant potential to injure a
marine mammal or marine mammal stock in the wild (Level A Harassment);
or (ii) Any act that disturbs or is likely to disturb a marine mammal
or marine mammal stock in the wild by causing disruption of natural
behavioral patterns, including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or sheltering, to a point where
such behavioral patterns are abandoned or significantly altered (Level
B Harassment). On August 13, 2018, the NDAA for Fiscal Year 2019 (Pub.
L. 115-232) amended the MMPA to allow incidental take regulations for
military readiness activities to be issued for up to 7 years.
Summary of Request
On February 23, 2026, NMFS received an application from the Action
Proponents requesting authorization to take marine mammals, by Level A
and Level B harassment, incidental to training, testing, and
modernization and sustainment of ranges (all characterized as military
readiness activities) including the use of sonar and other transducers
and in-water detonations in the MITT Study Area. In response to our
comments and following information exchange, the Action Proponents
submitted a final revised application that we determined was adequate
and complete on April 21, 2026. The Action Proponents requested the
regulations and subsequent LOA be valid for 7 years beginning in July
2027.
This will be the fourth time NMFS has promulgated incidental take
regulations pursuant to the MMPA relating to similar military readiness
activities in the MITT Study Area, following those effective beginning
August 3, 2010 (75 FR 45527, August 3, 2010), August 3, 2015 (80 FR
46112, August 3, 2015), and from July 31, 2020, through July 30, 2027
(85 FR 46302, July 31, 2020). For this fourth rulemaking, the Action
Proponents are proposing to conduct similar activities as they have
conducted over the past 16 years under the previous rulemakings.
Description of the Specified Activity
The MITT Study Area consists primarily of the Mariana Islands Range
Complex (MIRC) and the Transit Corridor connecting the MITT Study Area
with the Hawaii portion of the Hawaii-California Training and Testing
Study Area as well as high-seas areas to the west and north of the
MIRC. The MITT Study Area includes the at sea areas of the MIRC, and
adjacent airspace, Navy pierside locations and port transit channels,
bays, harbors, inshore waterways, and amphibious landing areas. Land
components associated with the range complexes are generally not
included in the MITT Study Area with one exception, certain
[[Page 22812]]
land-based activities conducted on Farallon de Medinilla (FDM) (see
table 1-4 of the application and appendix A (Military Readiness
Activities Descriptions) of the 2026 MITT Draft Supplemental
Environmental Impact Statement/Overseas Environmental Impact Statement
for more information). However, activities conducted at FDM are not
expected to affect marine mammals and are not discussed further. Please
refer to figure 1-1 of the application for a map of the MITT Study
Area.
The following types of training and testing, which are classified
as military readiness activities pursuant to section 315(f) of Public
Law 101-314 (16 U.S.C. 703), are included in the specified activity
described in the application:
<bullet> Anti-submarine warfare (sonar and other transducers),
<bullet> Mine warfare (sonar and other transducers, in-water
detonations),
<bullet> Surface warfare (sonar and other transducers, in-water
detonations),
<bullet> Other training (sonar and other transducers),
<bullet> Unmanned system (in-water detonations), and
<bullet> Vessel evaluation (sonar and other transducers, in-water
detonations)
The application includes proposed mitigation measures for marine
mammals that would be implemented during training and testing
activities in the MITT Study Area (see section 11 of the application).
Proposed activity-based mitigation would generally involve: (1) the use
of one or more trained Lookouts to diligently observe for specific
biological resources within a mitigation zone; (2) requirements for
Lookouts to immediately communicate sightings of specific biological
resources to the appropriate watch station for information
dissemination; and (3) requirements for the watch station to implement
mitigation (e.g., halt an activity) until certain recommencement
conditions have been met. Mitigation measures are also proposed for
specific mitigation areas and consist of a variety of measures
including, but not limited to: (1) not conducting hull-mounted mid-
frequency active sonar; (2) conducting a limited amount of hull-mounted
mid-frequency active sonar per year; and (3) not expending explosive
ordnance.
The Action Proponents also propose to undertake monitoring and
reporting efforts to better understand the impacts of their activities
on marine mammals and their habitat.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Action Proponents' request (see ADDRESSES
section). NMFS will consider all information, suggestions, and comments
related to the request during the development of proposed regulations
governing the incidental taking of marine mammals by the Action
Proponents, if appropriate.
Dated: April 22, 2026.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2026-08207 Filed 4-27-26; 8:45 am]
BILLING CODE 3510-22-P
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