Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Demolition of Pier 10 and Construction of a Crane Weight Test Area Project at U.S. Naval Submarine Base New London

[Federal Register Volume 91, Number 73 (Thursday, April 16, 2026)]
[Notices]
[Pages 20415-20416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07412]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XF595]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Demolition of Pier 10 and 
Construction of a Crane Weight Test Area Project at U.S. Naval 
Submarine Base New London

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

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 an incidental harassment authorization (IHA) to the 
U.S. Navy for authorization to take marine mammals incidental to 
construction activities during the demolition of Pier 10 and 
construction of a crane weight test area project at U.S. Naval 
Submarine Base New London in Groton, Connecticut.

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 (April 13, 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: https://www.fisheries.noaa.gov/action/incidental-take-authorization-united-states-navys-demolition-pier-10-and-construction-crane. In case of problems accessing these documents, 
please call the contact listed below.

FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, 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

[[Page 20416]]

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 February 26, 2026, a notice of NMFS' proposal to issue an IHA to 
the U.S. Navy for take of marine mammals incidental to construction 
activities during the demolition of Pier 10 and construction of a crane 
weight test area project at U.S. Naval Submarine Base New London in 
Groton, Connecticut was published in the Federal Register (91 FR 9574). 
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 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 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 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 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 U.S. Navy for 
authorization to take marine mammals incidental to construction 
activities during the demolition of Pier 10 and construction of a crane 
weight test area project at U.S. Naval Submarine Base New London in 
Groton, Connecticut.

    Dated: April 13, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2026-07412 Filed 4-15-26; 8:45 am]
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