Environment

Incidental Harassment Authorizations for Marine Mammals During USCG Offshore Patrol Cutter Homeporting Construction at Naval Station Newport, RI

🇺🇸United States··Notice·Low Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The National Marine Fisheries Service (NMFS) has issued two consecutive 1-year Incidental Harassment Authorizations (IHAs) to the United States Coast Guard (USCG), acting on behalf of the United States Navy (Navy), permitting the incidental take of marine mammals during construction activities at Naval Station Newport in Rhode Island. These authorizations are issued under the Marine Mammal Protection Act (MMPA) and cover construction work associated with homeporting new USCG Offshore Patrol Cutters (OPCs) at the facility. The IHAs authorize harassment-level takes only — meaning marine mammals may be disturbed by construction noise and activity but not physically harmed or killed. The authorizations are structured as two back-to-back 1-year permits to cover the expected duration of construction. NMFS determined that the taking will have a negligible impact on the affected marine mammal species and stocks, a required finding under the MMPA. The project involves pier and infrastructure upgrades at Naval Station Newport to accommodate the new class of USCG patrol vessels. Construction activities likely to affect marine mammals include in-water pile driving, dredging, and other noise-generating work in or near Narragansett Bay, where various marine mammal species are known to occur seasonally. Mitigation measures, monitoring requirements, and reporting obligations are included in the IHA conditions. These typically require trained marine mammal observers, shutdown zones, and post-construction reporting to NMFS to document actual take levels and any observed behavioral changes in marine mammals.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • NMFS issued two consecutive 1-year IHAs (not a single multi-year permit) to cover the full construction timeline at Naval Station Newport, RI
  • Authorization covers incidental harassment-level take only — lethal or injurious take of marine mammals is not permitted
  • Construction activities authorized include in-water pile driving, dredging, and other noise-generating work in Narragansett Bay

+ 3 more changes with Pro

Obligations

What this law requires

high

Deploy trained marine mammal observers during all in-water construction activities including pile driving and dredging operations

United States Coast Guard and United States Navy
operational
high

Establish and enforce shutdown zones around construction activities to prevent marine mammal take beyond harassment levels

United States Coast Guard and United States Navy
operational
high

Submit post-construction reports to NMFS documenting actual levels of marine mammal take observed during construction

United States Coast Guard and United States Navy
reporting
high

Implement mitigation measures to minimize noise-generating impacts from in-water pile driving, dredging, and related construction work in Narragansett Bay

United States Coast Guard and United States Navy
operational
medium

Document and report any observed behavioral changes in marine mammals resulting from construction activities to NMFS

United States Coast Guard and United States Navy
reporting

Affected Parties

United States Coast Guard (USCG) — project proponent and IHA holderUnited States Navy — facility owner (Naval Station Newport)+4 more…

Tags

marine mammals,MMPA,incidental harassment authorization