Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Year 1 of the Bremerton Waterfront Infrastructure Improvements Project in Puget Sound, Washington

Issuing agencies

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 United States Navy (Navy) for authorization to take marine mammals incidental to Year 1 of the Bremerton Waterfront Infrastructure Improvements Project in Puget Sound, Washington.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Notices]
[Page 66683]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21596]



[[Page 66683]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG042]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Year 1 of the Bremerton Waterfront 
Infrastructure Improvements Project in Puget Sound, Washington

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 
United States Navy (Navy) for authorization to take marine mammals 
incidental to Year 1 of the Bremerton Waterfront Infrastructure 
Improvements Project in Puget Sound, Washington.

DATES: This authorization is effective July 1, 2027 through June 30, 
2028.

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: Kate Fleming, 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,'' are found in the MMPA and 
NMFS' implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).
    On August 28, 2026, a notice of NMFS' proposal to issue an IHA to 
the Navy for take of marine mammals incidental to Year 1 of the 
Bremerton Waterfront Infrastructure Improvements Project in Puget 
Sound, Washington was published in the Federal Register (91 FR 55521). 
In that notice, NMFS provided estimates of the numbers, types, 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 an 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 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 
notice. 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.
    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 preliminarily determined 
that the issuance of the proposed 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 Endangered Species Act (ESA) compliance for the 
issuance of incidental take authorizations, NMFS consults internally 
whenever we propose to authorize take for ESA-listed species.
    No incidental take of ESA-listed species is proposed for 
authorization 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 the Navy for 
authorization to take marine mammals incidental to Year 1 of the 
Bremerton Waterfront Infrastructure Improvements Project in Puget 
Sound, Washington.

    Dated: October 15, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2026-21596 Filed 10-21-26; 8:45 am]
BILLING CODE 3510-22-P


</pre></body>
</html>