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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7663-7665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01389]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE606]

Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the New London Pier Extension 
Project at the Naval Submarine Base

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

[[Page 7664]]

ACTION: Notice; issuance of incidental harassment authorization.

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SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for the 
re-issuance of a previously issued incidental harassment authorization 
(IHA) with the only change being effective dates. The initial IHA 
authorized take of six species of marine mammals, by Level B 
harassment, and for take of harbor seals, gray seals, and harp seals by 
Level A harassment, incidental to construction associated with the New 
London Pier Extension Project at the Naval Submarine Base (SUBASE) New 
London in Groton, Connecticut. The project has been delayed and none of 
the work covered in the initial IHA has been conducted. The scope of 
the activities and anticipated effects remain the same, authorized take 
numbers are not changed, and the required mitigation, monitoring, and 
reporting remains the same as included in the initial IHA. NMFS is, 
therefore, issuing a second identical IHA to cover the incidental take 
analyzed and authorized in the initial IHA.

DATES: This IHA is effective from February 1, 2026, through January 31, 
2027.

ADDRESSES: An electronic copy of the final 2024 IHA previously issued 
to the Navy, the Navy's application, and the Federal Register notices 
proposing and issuing the initial IHA may be obtained by visiting 
https://www.fisheries.noaa.gov/action/incidental-take-authorization-united-states-navys-construction-us-naval-submarine-base-new. In case 
of problems accessing these documents, please call the contact listed 
below (see FOR FURTHER INFORMATION CONTACT).

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

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act 
(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 limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    An authorization for incidental takings 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 June 14, 2024, NMFS published final notice of our issuance of an 
IHA authorizing take of marine mammals incidental to the New London 
Pier Extension Project at Naval the SUBASE New London in Groton, 
Connecticut (89 FR 50565). The effective dates of that IHA were 
December 1, 2024, through November 30, 2025. On November 20, 2024, the 
Navy informed NMFS that the project was delayed. None of the work 
identified in the initial IHA (e.g., pile driving and removal) has 
occurred. The Navy submitted a request that we issue an identical IHA 
that would be effective from February 1, 2026, through January 31, 
2027, in order to conduct the construction work that was analyzed and 
authorized through the previously issued IHA. Therefore, issuance of 
the IHA is appropriate.

Summary of Specified Activity and Anticipated Impacts

    The planned activities (including mitigation, monitoring, and 
reporting), authorized incidental take, and anticipated impacts on the 
affected stocks are the same as those analyzed and authorized through 
the previously issued IHA.
    The purpose of this project is to extend the existing Pier 31 to 
provide two berths for a submarine platform that is approximately 80 ft 
longer than the existing submarines. The location, timing, and nature 
of the activities, including the types of equipment planned for use, 
are within scope of those described in the initial IHA. The mitigation 
and monitoring are also as prescribed in the initial IHA.
    Species that are expected to be taken by the planned activity 
include Atlantic white-sided dolphin (Lagenorhynchus acutus), harbor 
porpoise (Phocoena phocoena), gray seal (Halichoerus grypus), harbor 
seal (Phoca vitulina), and harp seal (Pagophilus groenlandicus). A 
description of the methods and inputs used to estimate take anticipated 
to occur and the take that was authorized is found in the Federal 
Register notice of the proposed IHA (89 FR 27717, April 18, 2024). The 
data inputs and methods of estimating take are identical to those used 
in the initial IHA. NMFS has reviewed recent Stock Assessment Reports, 
information on relevant Unusual Mortality Events, and recent scientific 
literature, and determined that our original analysis of impacts and 
take estimate under the initial IHA remains valid.
    We refer to the documents related to the previously issued IHA, 
which include the Federal Register notice of the issuance of the 
initial 2024 IHA for the Navy's construction work (89 FR 50565, June 
14, 2024), the Navy's application, the Federal Register notice of the 
proposed IHA (89 FR 27717, April 18, 2024), and all associated 
references and documents.

Determinations

    The Navy will conduct activities as analyzed in the initial 2024 
IHA. As described above, the number of authorized takes of the same 
species and stocks of marine mammals are identical to the numbers that 
were found to meet the negligible impact and small numbers standards 
and authorized under the initial IHA and no new information has emerged 
that would change those findings. The new issued IHA includes identical 
required mitigation, monitoring, and reporting measures as the initial 
IHA, and there is no new information suggesting that our analysis or 
findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has determined the following: (1) the required 
mitigation measures will effect the least practicable impact on marine 
mammal species or stocks and

[[Page 7665]]

their habitat; (2) the authorized takes will have a negligible impact 
on the affected marine mammal species or stocks; (3) the authorized 
takes represent small numbers of marine mammals relative to the 
affected stock abundances; and (4) the Navy's activities will not have 
an unmitigable adverse impact on taking for subsistence purposes as no 
relevant subsistence uses of marine mammals are potentially effected by 
this action.

National Environmental Policy Act

    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental take authorizations with no 
anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 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 determined that the issuance of the 
initial IHA qualified to be categorically excluded from further 
National Environmental Policy Act review. NMFS has determined that the 
application of this categorical exclusion remains appropriate for this 
reissued IHA.

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 insure 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 determined that formal 
consultation under section 7 of the ESA is not required for this 
action.

Authorization

    NMFS has issued an IHA to the Navy for in-water construction 
activities associated with the specified activity from February 1, 
2026, through January 31, 2027. All previously described mitigation, 
monitoring, and reporting requirements from the initial 2024 IHA are 
incorporated.

    Dated: January 15, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2025-01389 Filed 1-21-25; 8:45 am]
BILLING CODE 3510-22-P
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