Notice2026-04768
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Eareckson Air Station Fuel Pier Repair in Alcan Harbor on Shemya Island, Alaska
Primary source
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Published
March 11, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the U.S. Army Corps of Engineers (USACE) on behalf of the United States Air Force Pacific Air Forces Regional Support Center (USAF) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to the Eareckson Air Station Fuel Pier Repair Project in Alcan Harbor on Shemya Island, Alaska. USAF's activities are nearly identical to those covered in the current authorization and will not be completed prior to the IHA's expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.
Full Text
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<title>Federal Register, Volume 91 Issue 47 (Wednesday, March 11, 2026)</title>
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[Federal Register Volume 91, Number 47 (Wednesday, March 11, 2026)]
[Notices]
[Pages 11956-11962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04768]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF548]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Eareckson Air Station Fuel Pier
Repair in Alcan Harbor on Shemya Island, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.
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SUMMARY: NMFS received a request from the U.S. Army Corps of Engineers
(USACE) on behalf of the United States Air Force Pacific Air Forces
Regional Support Center (USAF) for the renewal of their currently
active incidental harassment authorization (IHA) to take marine mammals
incidental to the Eareckson Air Station Fuel Pier Repair Project in
Alcan Harbor on Shemya Island, Alaska. USAF's activities are nearly
identical to those covered in the current authorization and will not be
completed prior to the IHA's expiration. Pursuant to the Marine Mammal
Protection Act (MMPA), prior to issuing the currently active IHA, NMFS
requested comments on both the proposed IHA and the potential for
renewing the initial authorization if certain requirements were
satisfied. The renewal requirements have been satisfied, and NMFS is
now providing an additional 15-day comment period to allow for any
additional comments on the proposed renewal not previously provided
during the initial 30-day comment period.
DATES: Comments and information must be received no later than March
26, 2026.
ADDRESSES: Comments should be addressed to the Permits and Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service, and should be submitted via email to <a href="/cdn-cgi/l/email-protection#216875710f474d444c484f46614f4e40400f464e57"><span class="__cf_email__" data-cfemail="bcf5e8ec92dad0d9d1d5d2dbfcd2d3dddd92dbd3ca">[email protected]</span></a>.
Electronic copies of the original application, renewal request, and
supporting documents (including NMFS' Federal Register notices of the
original proposed and final authorizations, and the previous IHA), as
well as a list of the references cited in this document, may be
obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of
problems accessing these documents, please call the contact listed
below.
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, including all attachments, must
not exceed a 25-megabyte file size. All comments received are a part of
the public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</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.
FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
[[Page 11957]]
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Section 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 proposed or, if the taking is limited to harassment, a notice of a
proposed IHA is provided to the public for review.
Authorization for incidental takings shall be granted if NMFS 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''); and requirements pertaining to the monitoring and
reporting of the takings. The definition of all applicable MMPA
statutory used above are included in the relevant sections below and
can be found in section 3 of the MMPA (16 U.S.C. 1362) and the NMFS's
implementing regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time, 1-
year renewal of an IHA following notice to the public providing an
additional 15 days for public comments when: (1) up to another year of
identical, or nearly identical, activities as described in the Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned or (2) the activities as described in the Description
of the Specified Activities and Anticipated Impacts section of the
initial IHA issuance notice would not be completed by the time the
initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take); and
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any comments received on the potential renewal, along with
relevant comments on the initial IHA, have been considered in the
development of this proposed IHA renewal, and a summary of agency
responses to applicable comments is included in this notice. NMFS will
consider any additional public comments prior to making any final
decision on the issuance of the requested renewal, and agency responses
will be summarized in the final notice of our decision.
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 a renewal
IHA) with respect to potential impacts on the human environment.
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 NEPA
review. NMFS has preliminarily determined that the application of this
categorical exclusion remains appropriate for this renewal IHA.
History of Request
On April 21, 2025, NMFS issued an IHA to USAF to take marine
mammals incidental to the Eareckson Fuel Pier Repair in Alcan Harbor in
Shemya Island, Alaska (90 FR 17410, April 25, 2025), effective from
April 21, 2025 through April 20, 2026. On January 30, 2026, NMFS
received an application for the renewal of that initial IHA. As
described in the application for renewal IHA, the activities for which
incidental take is requested are nearly identical to those covered in
the initial authorization, consisting of activities that are covered by
the initial authorization but will not be completed prior to its
expiration. USAF submitted a revised version on February 9, 2026, which
was deemed adequate and complete. As required, the applicant also
provided a preliminary monitoring report which confirms that the
applicant has implemented the required mitigation and monitoring, and
which also shows that no impacts of a scale or nature not previously
analyzed or authorized have occurred as a result of the activities
conducted.
NMFS first received an application from U.S. Army Corps of
Engineers on behalf of USAF for an IHA to take marine mammals
incidental to construction associated with the EAS Fuel Pier repair in
Alcan Harbor on Shemya Island, Alaska on May 15, 2023. NMFS published a
notice of a proposed
[[Page 11958]]
IHA and request for comments in the Federal Register on October 10,
2023 (88 FR 74451) and issued this IHA on March 5, 2024 [89 FR 17423,
March 11, 2024; (2024 IHA)]. On September 23, 2024, USAF informed NMFS
that work on the project experienced significant delays and would not
be completed during the 2024 IHA time period. NMFS published a notice
of a proposed 2025 IHA and request for comments in the Federal Register
on March 13, 2025 (90 FR 11952). As described above, NMFS issued the
2025 IHA to USAF on April 21, 2025 (90 FR 17410, April 25, 2025).
Description of the Specified Activities and Anticipated Impacts
The purpose of this construction project is to conduct long-term
repairs on the only existing fuel pier at Eareckson Air Station on
Shemya Island, Alaska. As described in detail in the notice for the
initial 2025 IHA (90 FR 11952, March 13, 2025; 90 FR 17410, April 25,
2025) and the original 2024 notices (88 FR 74451, October 31, 2023; 89
FR 17423, March 11, 2024), the in-water construction activity include
installation and removal of temporary 30-inch (in) (0.8 meter (m))
steel pipe piles and installation of permanent 42-in (1 m) steel
interlocking pipe piles with vibratory and impact hammers and down-the-
hole (DTH) drilling. During the 2025 construction season, 11 out of 60
30-in temporary steel pipe piles and 32 out of 208 42-in permanent
interlocking steel pipe piles were installed, and 10 out of 64 30-in
temporary steel pipe piles were removed. This work was completed over
42 construction days. The remaining necessary activities include
installation of 49 30-in temporary steel pipe piles and 176 42-in
permanent steel interlocking pipe piles, and the removal of 54 30-in
temporary steel piles.
A minor change to the activities conducted by USAF was described in
the renewal letter. The initial 2025 IHA noted that the vibratory pile
driving and removal of 30-in steel pipe piles would be limited to 60
minutes per day (4 piles at 15 minutes each), and vibratory pile
driving of 42-in steel interlocking pipe piles would be limited to 120
minutes per day (4 piles at 30 minutes each). Under this renewal, USAF
would increase the daily amount of vibratory pile driving or removal of
30-in steel pipe piles to 120 minutes (8 piles at 15 minutes each), and
increase the daily amount of vibratory pile installation of 42-in
interlocking steel pipe piles to 210 minutes (7 piles at 30 minutes
each). Additionally, USAF would conduct vibratory pile driving
activities during low-light conditions, where Protected Species
Observers (PSOs) would use equipment such as infrared light bars, night
vision devices, and thermal imaging to ensure sufficient visibility.
USAF proposes these changes to help address slower production rates
than originally estimated, given challenging environmental conditions
and mechanical delays.
These changes would increase the size of the estimated Level A
harassment zones and the shutdown zones associated with vibratory pile
driving and removal (see Description of Proposed Mitigation,
Monitoring, and Reporting Measures). The increase to proposed shutdown
zones for vibratory pile driving and removal activities follows the
same goals for mitigation articulated in the notice of the initial
proposed 2025 IHA, i.e., the shutdown zones are equal to the estimated
Level A harassment zones, and there is no increase to the estimated
take numbers. Therefore, NMFS has determined that these changes are
minor and that the requested renewal IHA is appropriate. Given delays
from mechanical failures and inclement weather, USAF estimates that
construction would be completed in 173 construction days under this
renewal rather than 160 days as estimated in the initial 2025 IHA.
Sounds produced by these activities may result in take, by Level A
harassment and Level B harassment, of marine mammals located in Alcan
Harbor, Alaska.
NMFS proposes to authorize incidental take at the same levels as
authorized in the initial 2025 IHA, except for Steller sea lion (take
proposed for authorization has been reduced by the amount of potential
take reported during completion of activities under the 2025 IHA, to
maintain consistency with the associated Biological Opinion). A total
of 12 marine mammal species (15 stocks) are expected to experience
Level B harassment and 8 species (10 stocks) have the potential for
Level A harassment (see Estimated Take).
All documents related to the initial 2025 IHA and the original 2024
IHA are available on our website: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-air-forces-regional-support-centers-construction-0">https://www.fisheries.noaa.gov/action/incidental-take-authorization-pacific-air-forces-regional-support-centers-construction-0</a>.
Detailed Description of the Activity
A detailed description of the construction activities for which
take is proposed here may be found in the Notices of the Proposed (90
FR 11952, March 13, 2025) and Final 2025 IHA (90 FR 17410, April 25,
2025), and/or the Notices of the Proposed (88 FR 74451, October 31,
2023) and Final 2024 IHA (89 FR 17423, March 11, 2024) . The location,
timing, and nature of the activities, including the types of equipment
planned for use, are a subset of and nearly identical to those
described in the previous notices. The only minor change is the
increase of vibratory installation and removal of 30-in steel pipe
piles from 60 minutes per day to 120 minutes per day and the increase
of vibratory installation of 42-in steel interlocking pipe piles from
160 minutes per day to 210 minutes per day (table 1). The longer
duration of vibratory hammer use would create larger harassment and,
therefore, larger shutdown zones than those analyzed in the initial
2025 IHA. USAF would also include vibratory pile driving and removal at
night, and anticipates that work would occur over 173 construction days
rather than 160 days. NMFS has preliminarily determined that the amount
of take authorized through the initial 2025 IHA remains sufficient to
cover the likely effects of the planned activity, and no changes to the
authorized take numbers are proposed, other than to account for
reported potential takes of Steller sea lion.
USAF's proposed revisions are summarized in table 1 below.
Table 1--Production Rates for Vibratory Pile Driving and Removal Activities Included in the Initial IHA and
USAF's Proposed Revisions for the Renewal
----------------------------------------------------------------------------------------------------------------
Initial IHA Proposed revision
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Temporary pile Temporary pile
installation and Permanent pile installation and Permanent pile
removal: 30-in installation: 42- removal: 30-in installation: 42-
steel in steel steel in steel
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Maximum piles per day............... 4 4 8 7
[[Page 11959]]
Minutes per pile.................... 15 30 15 30
Minutes per day..................... 60 120 120 210
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The proposed renewal would be effective for a period not exceeding
1 year from the date of expiration of the initial 2025 IHA.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Notices of the Proposed (90 FR 11952, March 13, 2025) and Final 2025
IHA (90 FR 17410, April 25, 2025) for the initial 2025 authorization,
and the Notices of the Proposed (88 FR 74451, October 31, 2023) and
Final 2024 IHA (89 FR 17423, March 11, 2024). NMFS has reviewed the
monitoring data from the initial 2025 IHA, current Stock Assessment
Reports, information on relevant Unusual Mortality Events, and other
scientific literature, and determined there is no new information that
affects which species or stocks have the potential to be affected or
the pertinent information in the Description of the Marine Mammals in
the Area of Specified Activities contained in the supporting documents
for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which
authorization of incidental take is proposed here may be found in the
Notices of the Proposed (88 FR 74451, October 31, 2023) and Final 2024
IHA (89 FR 17423, March 11, 2024). NMFS has reviewed the monitoring
data from the initial 2025 IHA, current Stock Assessment Reports,
information on relevant Unusual Mortality Events, and other scientific
literature, and determined that there is no new information that
affects our initial analysis of impacts on marine mammals and their
habitat.
Estimated Take
A detailed description of the methods used to estimate take for the
specified activity are found in the notices of the Notices of the
Proposed (90 FR 11952, March 13, 2025) and Final 2025 IHAs (90 FR
17410, April 25, 2025), and the Notices of the Proposed (88 FR 74451,
October 31, 2023) and Final 2024 IHA (89 FR 17423, March 11, 2024). The
source levels and marine mammal occurrence data applicable to this
authorization remain unchanged from the previously issued IHAs.
USAF and NMFS reanalyzed the Level A harassment zones for vibratory
pile installation and removal activities to reflect USAF's proposed
revisions (table 1), using the optional User Spreadsheet tool described
in the initial 2025 IHA (90 FR 17410, April 25, 2025). Table 2 provides
the calculated Level A harassment isopleths from the initial 2025 IHA,
and table 3 provides the calculated Level A harassment isopleths given
the revised minutes of vibratory pile driving proposed by USAF.
Table 2--Project Distances to Level A and Level B Harassment Isopleths (m) by Marine Mammal Hearing Group Based on Production Rates Analyzed Under the
Initial 2025 IHA
[90 FR 17410, April 25, 2025]
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Level A harassment isopleths (m) Level B
Pile size/type -------------------------------------------------------------------------------------------- harassment
LF HF VHF PW OW (m)
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Vibratory Installation and Removal
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42-in interlocking steel....................... 44.2 17.0 36.1 56.9 19.2 16,343
30-in steel pipe............................... 19.9 7.6 16.2 25.6 8.6 11,659
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DTH
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42-in interlocking steel....................... 2,540 324.1 3,930.8 2,256.5 841.1 39,811
30-in steel pipe............................... 2,249.4 287.0 3,480.9 1,998.2 744.9 39,811
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impact Pile Driving
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42-in interlocking steel....................... 2,007.8 256.2 3,107.0 1,783.6 664.9 1,359
30-in steel pipe............................... 930.4 118.7 1,439.9 826.6 308.1 1,166
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Note: LF = Low frequency cetaceans; HF = high frequency cetaceans; VHF = Very high frequency cetaceans; PW = Phocids; OW = Otariids.
[[Page 11960]]
Table 3--Project Distances to Level A and Level B Harassment Isopleths (m) by Marine Mammal Hearing Group Based on Production Rates Proposed for the
Renewal
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Level A harassment isopleths (m) Level B
Pile size/type -------------------------------------------------------------------------------------------- harassment
LF HF VHF PW OW (m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vibratory Installation and Removal
--------------------------------------------------------------------------------------------------------------------------------------------------------
42-in interlocking steel....................... 64.2 24.7 52.4 82.6 27.8 16,343
30-in steel pipe............................... 31.5 12.1 25.6 40.6 13.7 11,659
--------------------------------------------------------------------------------------------------------------------------------------------------------
DTH
--------------------------------------------------------------------------------------------------------------------------------------------------------
42-in interlocking steel....................... 2,540 324.1 3,930.8 2,256.5 841.1 39,811
30-in steel pipe............................... 2,249.4 287.0 3,480.9 1,998.2 744.9 39,811
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impact Pile Driving
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42-in interlocking steel....................... 2,007.8 256.2 3,107.0 1,783.6 664.9 1,359
30-in steel pipe............................... 930.4 118.7 1,439.9 826.6 308.1 1,166
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Note: Bolded values reflect changes from the 2025 IHA and are based on USAF's proposed daily increase in the planned number of piles to be vibratory
installed or removed.
USAF would continue to implement shutdown zones that are equivalent
to the Level A harassment zones during all vibratory pile driving and
removal activities for all hearing groups, as described in the initial
2025 IHA (90 FR 17410, April 25, 2025). While USAF estimates a small
increase in the number of construction days needed to complete the
project under this renewal, data reported by PSOs monitoring during the
2025 construction period do not suggest that authorization of
additional take is warranted. Similarly, the stocks taken, methods of
take, and types of take remain unchanged from the previously issued
IHA, as do the number of takes, which are indicated in table 4.
Table 4--Estimated Take by Level A and Level B harassment, by Species and Stock
----------------------------------------------------------------------------------------------------------------
Take by Take by Proposed take as a
Species Stock Level B Level A percentage of
harassment harassment stock abundance
----------------------------------------------------------------------------------------------------------------
Fin whale.............................. Northeast Pacific........ 14 7 <1
Humpback whale......................... Western North Pacific.... 3 1 <1
Mexico-North Pacific..... 10 2 1.3
Hawai[revaps]i........... 118 20 < 1
Minke whale............................ Alaska................... 5 3 <1
Sperm whale............................ North Pacific............ 40 0 16.2
Baird's beaked whale................... Alaska................... 10 0 (*)
Stejneger's beaked whale............... Alaska................... 8 0 (*)
Killer whale........................... ENP Alaska Resident...... 176 0 9.1
ENP Gulf of Alaska, ........... ........... 30
Aleutian Islands, and
Bering Sea.
Dall's porpoise........................ Alaska................... 21 19 < 1
Harbor porpoise........................ Bering sea............... 9 6 < 1
Northern fur seal...................... Eastern Pacific.......... 5 ........... < 1
Steller sea lion....................... Western, U.S............. ** 87 10 < 1
Harbor seal............................ Aleutian Islands......... 319 176 9
----------------------------------------------------------------------------------------------------------------
* Reliable abundance estimates for these stocks are currently unavailable.
** While NMFS authorized 89 takes by Level B harassment under the initial IHA, NMFS is proposing to authorize 87
takes by Level B harassment to stay consistent with the existing Biological Opinion for this project.
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial 2025 IHA (90 FR 17410, April 25, 2025), and the discussion of
the least practicable adverse impact included in that document and the
Notice of the proposed IHA remains accurate. The following measures are
proposed for this renewal:
<bullet> USAF must employ NMFS-approved PSOs and establish
monitoring locations to the maximum extent possible based on the
required number of PSOs, required monitoring locations, and
environmental conditions.
<bullet> Monitoring must take place from 30 minutes prior to
initiation of pile driving activity (i.e., pre-start clearance
monitoring) through 30 minutes post completion of pile driving
activity.
<bullet> Pre-start clearance monitoring must be conducted during
periods of visibility sufficient for the lead PSO to determine that the
shutdown zones are clear of marine mammals.
<bullet> If a marine mammal is observed entering or within the
shutdown zones pile driving activity must be delayed or halted.
<bullet> If pile driving is delayed or halted due to the presence
of a marine mammal, the activity may not commence or resume until
either the animal has voluntarily exited and been
[[Page 11961]]
visually confirmed beyond the required shutdown zones or 15 minutes
have passed (delphinids and pinnipeds) or 30 minutes for all other
species without redetection of the animal.
<bullet> Soft start techniques must be used when impact pile
driving.
<bullet> Pile driving activity must be halted upon observation of
either a species for which incidental take is not authorized or a
species for which incidental take has been authorized but the
authorized number of takes has been met, entering or within the
harassment zone.
<bullet> USAF must shut down construction operations if a marine
mammal comes within 10 m of construction activity to avoid direct
physical interaction with marine mammals.
<bullet> USAF must submit a draft marine mammal monitoring report
to NMFS within 90 days after the completion of pile driving activities
or 60 calendar days prior to the requested issuance of any subsequent
IHA for construction activity at the same location, whichever comes
first. A final report must be prepared and submitted within 30 calendar
days following receipt of any NMFS comments on the draft report.
<bullet> All injured or dead marine mammals must be reported to the
Office of Protected Resources and to the Alaska Regional stranding
network.
As noted above, the proposed increase in vibratory pile
installation or removal time from 60 minutes per day to 120 minutes per
day (30-in steel pipe piles) and from 120 minutes per day to 210
minutes per day (42-in steel interlocking pipe piles) has increased the
size of the associated Level A harassment zones. As such, the proposed
shutdown zones for these same activities have been revised.
Consistent with the mitigation required through the initial IHA,
during all vibratory pile driving and removal activities for all
hearing groups, and during all other activities for high frequency
cetaceans, USAF will implement shutdown zones equivalent to the
estimated Level A harassment isopleths. For all other hearing groups,
during DTH and impact pile driving, shutdown zones are established at
the distance that these species are assumed to be able to be reliably
observed under typical conditions at the location.
Table 5 provides the shutdown zones from the initial 2025 IHA, and
table 6 provides the provides the revised shutdown zones under this
renewal given the revised minutes of vibratory pile driving and removal
proposed by USAF.
Table 5--Shutdown Zones Required Under the Initial IHA
----------------------------------------------------------------------------------------------------------------
Shutdown zones
Activity Pile diameter ----------------------------------------------------------------
LF HF VHF PW OW
----------------------------------------------------------------------------------------------------------------
Vibratory Installation and 42-in........... 50 50 50 60 50
Removal.
30-in........... 25 25 25 30 25
DTH.......................... 42-in........... 1000 350 500 400 400
30-in........... 290
Impact....................... 42-in........... 260
30-in........... 120
----------------------------------------------------------------------------------------------------------------
Table 6--Proposed Shutdown Zones Under the Renewal IHA
----------------------------------------------------------------------------------------------------------------
Shutdown zones
Activity Pile diameter ----------------------------------------------------------------
LF HF VHF PW OW
----------------------------------------------------------------------------------------------------------------
Vibratory Installation and 42-in........... 65 50 55 85 50
Removal.
30-in........... 35 25 30 45 25
DTH.......................... 42-in........... 1000 350 500 400 400
30-in........... 290
Impact....................... 42-in........... 260
30-in........... 120
----------------------------------------------------------------------------------------------------------------
* Bold font represents a change from the initial IHA.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (90
FR 11952, March 13, 2025) and solicited public comments on both our
proposal to issue the initial IHA for construction activities
associated with the project and on the potential for a renewal IHA,
should certain requirements be met. No public comments were received on
the proposed IHA.
Preliminary Determinations
The construction activities are nearly identical to those analyzed
for the initial IHA, as are the method of taking and the effects of the
action. The higher minutes of vibratory pile driving and removal time
each day does increase the size of the Level A harassment zones and
shutdown zones slightly for these activities. This increase in zone
sizes, however, does not change the anticipated take numbers analyzed
in the initial IHA. In analyzing the effects of the activities for the
initial IHA, NMFS determined that the USAF's activities would have a
negligible impact on the affected species or stocks and that the
authorized take numbers of each species or stock were small relative to
the relevant stocks (e.g., less than one-third of the abundance of all
stocks). Aside from the revised shutdown zones associated with
vibratory pile driving and removal activities, the mitigation measures
and monitoring and reporting requirements as described above are
identical to the initial 2025 IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will affect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3)
[[Page 11962]]
the authorized takes represent small numbers of marine mammals relative
to the affected stock abundances; (4) USAF's activities will not have
an unmitigable adverse impact on taking for subsistence purposes as no
relevant subsistence uses of marine mammals are implicated by this
action; and (5) appropriate monitoring and reporting requirements are
included.
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 ensure 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.
The NMFS Alaska Regional Office issued a Biological Opinion under
section 7 of the ESA (16 U.S.C. 1531 et seq.) on the issuance of an IHA
and potential renewal IHA to USAF under section 101(a)(5)(D) of the
MMPA by the NMFS Office of Protected Resources. The Biological Opinion
concluded that the action is not likely to jeopardize the continued
existence of ESA-listed fin whales (Northeast Pacific), humpback whales
(Western North Pacific and Mexico North Pacific), sperm whales (North
Pacific), and Steller sea lions (Western North Pacific).
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to USAF for conducting the Eareckson Fuel Pier
Repair Project in Alcan Harbor on Shemya Island, Alaska between April
21, 2026 and April 20, 2027, provided the previously described
mitigation, monitoring, and reporting requirements are incorporated. A
draft of the proposed and final initial 2025 IHA can be found at
<a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. We request comment on our analyses,
the proposed renewal IHA, and any other aspect of this notice. Please
include with your comments any supporting data or literature citations
to help inform our final decision on the request for this renewal IHA.
Dated: March 9, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-04768 Filed 3-10-26; 8:45 am]
BILLING CODE 3510-22-P
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