Notice2026-10106
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Port of San Francisco Mission Bay Ferry Landing Project in San Francisco Bay, California
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
May 20, 2026
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 the Port of San Francisco (PSF) to take marine mammals incidental to construction activities for the Mission Bay Ferry Landing (MBFL) Project in San Francisco Bay (SFB), California (CA).
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Notices]
[Page 29461]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10106]
[[Page 29461]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF444]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Port of San Francisco Mission
Bay Ferry Landing Project in San Francisco Bay, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
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 the
Port of San Francisco (PSF) to take marine mammals incidental to
construction activities for the Mission Bay Ferry Landing (MBFL)
Project in San Francisco Bay (SFB), California (CA).
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 (May 14, 2026).
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
may 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>. In case of problems accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT: Carter Esch, 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 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 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 April 3, 2026, a notice of NMFS' proposal to issue an IHA to PSF
for the taking of marine mammals incidental to construction of the MBFL
Project within PSF's Mission Bay/Central Waterfront area of San
Francisco, CA, was published in the Federal Register (91 FR 16900). 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 or relevant comments were received during the public
comment period. No new information that would change any of the
preliminary analyses, conclusions, or determinations in the proposed
IHA notice has become available since that notice was published, and
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.
These actions are 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 any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
Endangered Species Act
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 authorized 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 PSF for the taking
of marine mammals incidental to construction activities supporting the
MBFL Project in San Francisco, CA.
Dated: May 18, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-10106 Filed 5-19-26; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on May 20, 2026.
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.