Notice2026-11579
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Army Corps of Engineers Miller Sands Island, Rice Island, and Cottonwood Island Pile Dike Repairs Projects on the Lower Columbia River in Oregon and Washington
Primary source
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Published
June 10, 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 two separate incidental harassment authorizations (IHAs) to the U.S. Army Corps of Engineers for authorization to take marine mammals incidental to the Miller Sands-Rice Island Pile Dike Repairs Project (MSRI Project) and Cottonwood Island Pile Dike Replacement Project (CI Project) on the lower Columbia River (LCR) in Oregon and Washington.
Full Text
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<title>Federal Register, Volume 91 Issue 111 (Wednesday, June 10, 2026)</title>
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[Federal Register Volume 91, Number 111 (Wednesday, June 10, 2026)]
[Notices]
[Pages 35178-35179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11579]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF769]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to U.S. Army Corps of Engineers Miller
Sands Island, Rice Island, and Cottonwood Island Pile Dike Repairs
Projects on the Lower Columbia River in Oregon and Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 35179]]
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 two separate incidental harassment authorizations
(IHAs) to the U.S. Army Corps of Engineers for authorization to take
marine mammals incidental to the Miller Sands-Rice Island Pile Dike
Repairs Project (MSRI Project) and Cottonwood Island Pile Dike
Replacement Project (CI Project) on the lower Columbia River (LCR) in
Oregon and Washington.
DATES: Each 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 (June 4, 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/action/incidental-take-authorization-us-army-corps-engineers-miller-sands-island-rice-island-and">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-army-corps-engineers-miller-sands-island-rice-island-and</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Austin Demarest, 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 shall 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 27, 2026, a notice of NMFS' proposal to issue two separate
IHAs to the U.S. Army Corps of Engineers (USACE) for take of marine
mammals incidental to the MSRI Project and CI Project on the LCR in
Oregon and Washington was published in the Federal Register (91 FR
22498). 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 two IHAs be issued. The Federal Register notice
also included analysis to support NMFS' preliminary conclusions and
determinations that each IHA, if issued, would satisfy the requirements
of section 101(a)(5)(D) of the MMPA for issuance of the IHAs. The
Federal Register notice included web links to a draft IHA for review,
as well as other supporting documents.
No 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. No new
information that would change any of the preliminary analyses,
conclusions, or determinations in the notice of proposed IHAs has
become available since that notice was published, and therefore, the
preliminary analyses, conclusions, and determinations included in the
notice of proposed IHAs 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 any extraordinary circumstances that would preclude this
categorical exclusion. Accordingly, NMFS has determined that the
issuance of these two separate IHAs qualifies for categorical exclusion
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 authorized or expected
to result from these activities. 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 two separate IHAs to USACE
for authorization to take marine mammals incidental to the MSRI Project
and CI Project on the LCR in Oregon and Washington.
Dated: June 5, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources,National Marine Fisheries
Service.
[FR Doc. 2026-11579 Filed 6-9-26; 8:45 am]
BILLING CODE 3510-22-P
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