Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities

Issuing agencies

Abstract

NMFS has received a request from the Sonoma County Water Agency (SCWA) for authorization to take small numbers of marine mammals incidental to Russian River Estuary management activities in Sonoma County, California over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the SCWA's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the SCWA's application and request.

Full Text

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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Notices]
[Pages 65531-65532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21072]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG021]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Russian River Estuary Management Activities

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for Letter of Authorization; 
request for comments and information.

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SUMMARY: NMFS has received a request from the Sonoma County Water 
Agency (SCWA) for authorization to take small numbers of marine mammals 
incidental to Russian River Estuary management activities in Sonoma 
County, California over the course of five years from the date of 
issuance. Pursuant to regulations implementing the Marine Mammal 
Protection Act (MMPA), NMFS is announcing receipt of the SCWA's request 
for the development and implementation of regulations governing the 
incidental taking of marine mammals. NMFS invites the public to provide 
information, suggestions, and comments on the SCWA's application and 
request.

DATES: Comments and information must be received no later than November 
16, 2026.

ADDRESSES: Comments on the applications should be addressed to the 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Physical comments should be sent to 
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments 
should be sent to <a href="/cdn-cgi/l/email-protection#83cad7d3ade0ece0e8f1e6efefc3edece2e2ade4ecf5"><span class="__cf_email__" data-cfemail="105944403e737f737b62757c7c507e7f71713e777f66">[email&#160;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 received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted 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> 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.
    An electronic copy of the SCWA's application 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 
above.

FOR FURTHER INFORMATION CONTACT: Craig Cockrell, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    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

[[Page 65532]]

limited to harassment, a notice of a proposed authorization is provided 
to the public for review.
    An incidental take authorization shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    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.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance, which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On July 1, 2026, NMFS received application from the SCWA requesting 
authorization for take of marine mammals incidental to Russian River 
Estuary management activities in Sonoma County, California. After the 
SCWA responded to our questions and revised the application on August 
27, 2026, we determined the application was adequate and complete on 
October 7, 2026. The requested regulations would be valid for five 
years (2027-2032). The proposed action requires the use of heavy 
equipment (e.g., bulldozer and excavator) and increased human presence, 
as well as the use of small boats. As a result, pinnipeds hauled out on 
the beach or at peripheral haul-outs in the estuary may exhibit 
behavioral responses that indicate incidental take by Level B 
harassment under the MMPA. Therefore, the SCWA requests authorization 
to incidentally take marine mammals.
    NMFS has previously issued incidental take regulations and a 
subsequent Letter of Authorization (LOA) to SCWA for take of marine 
mammals incidental to similar specified activities (87 FR 23111, April 
19, 2022). Monitoring reports submitted to NMFS as a condition of 
previously issued LOAs are available online at: <a href="https://www.fisheries.noaa.gov/action/sonoma-county-water-agencys-estuary-management-activities-sonoma-county-california-2022">https://www.fisheries.noaa.gov/action/sonoma-county-water-agencys-estuary-management-activities-sonoma-county-california-2022</a>.

Specified Activities

    The SCWA plans to continue managing the naturally-formed barrier 
beach at the mouth of the Russian River in order to minimize potential 
for flooding adjacent to the estuary and to enhance habitat for 
juvenile salmonids, as well as to conduct biological and physical 
monitoring of the barrier beach and estuary. Artificial breaching and 
monitoring activities may occur at any time during the period of 
validity of the proposed regulations.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning the SCWA's request (see ADDRESSES). 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 SCWA, if appropriate.

    Dated: October 13, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2026-21072 Filed 10-14-26; 8:45 am]
BILLING CODE 3510-22-P


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