Notice2026-12111
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to S50S/LNG and S499 Bulkheads Replacement Project at Naval Station Newport, Rhode Island
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
June 16, 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 consecutive 1-year incidental harassment authorizations (IHAs) to the United States Navy (Navy) for authorization to take marine mammals incidental to construction activities associated with the S50S/LNG and S499 Bulkheads Replacement Project at Naval Station (NAVSTA) Newport, Rhode Island (RI).
Full Text
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<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
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[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Notices]
[Pages 36121-36122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12111]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF707]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to S50S/LNG and S499 Bulkheads
Replacement Project at Naval Station Newport, Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorizations.
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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 consecutive 1-year incidental harassment
authorizations (IHAs) to the United States Navy (Navy) for
authorization to take marine mammals incidental to construction
activities associated with the S50S/LNG and S499 Bulkheads Replacement
Project at Naval Station (NAVSTA) Newport, Rhode Island (RI).
DATES: The Year 1 IHA 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 11, 2026). The Year 2 IHA is effective for 1 year from
the date of notification by the IHA-holder, not to exceed 1 year from
the date of expiration of the Year 1 IHA.
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 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 May 7, 2026, a notice of NMFS' proposal to issue two consecutive
1-year IHAs to the Navy for the taking of seven species of marine
mammals incidental to construction activities supporting the S50S/LNG
and S499 Bulkheads Replacement Project at NAVSTA in Newport, RI, was
published in the Federal Register (91 FR 24817). In that notice, NMFS
provided estimates of the 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
IHAs be issued. The Federal Register notice also included analysis to
support NMFS' preliminary conclusions and determinations that the IHAs,
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 review supporting documents including the draft IHAs,
which would each be valid for the statutory maximum of 1 year from the
date of effectiveness and will become effective upon written
notification from the IHA Holder (i.e., the Navy) to NMFS, but not
beginning later than 1 year from the date of issuance or extending
beyond 2 years from the date of issuance (Year 1), or beginning later
than 1 year from the date of expiration of the Year 1 IHA (Year 2).
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 notice of the proposed IHAs.
No new information that would change any of the preliminary analyses,
conclusions, or determinations in the notice of the proposed IHAs has
become available since that notice was published, and therefore, the
preliminary analyses, conclusions, and determinations included in the
proposed IHAs are considered final.
[[Page 36122]]
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 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 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 two consecutive 1-year IHAs
to the Navy for authorization to take seven species of marine mammals
incidental to construction activities supporting the S50S/LNG and S499
Bulkheads Replacement Project at NAVSTA in Newport, RI.
Dated: June 12, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-12111 Filed 6-15-26; 8:45 am]
BILLING CODE 3510-22-P
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