Notice2026-06050
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Washington State Parks and Recreation Commission's Marine Facilities Replacement Program in North Puget Sound, Washington
Primary source
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Published
March 30, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Washington State Parks and Recreation Commission (State Parks) for authorization to take marine mammals incidental to the Marine Facilities Replacement Program (MFRP) in North Puget Sound, Washington, for a period of 5 years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the State Parks' request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the State Parks' application and request.
Full Text
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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Notices]
[Pages 15597-15598]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06050]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF124]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Washington State Parks and Recreation Commission's
Marine Facilities Replacement Program in North Puget Sound, Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letter of Authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the Washington State Parks
and Recreation Commission (State Parks) for authorization to take
marine mammals incidental to the Marine Facilities Replacement Program
(MFRP) in North Puget Sound, Washington, for a period of 5 years from
the date of issuance. Pursuant to regulations implementing the Marine
Mammal Protection Act (MMPA), NMFS is announcing receipt of the State
Parks' request for the development and implementation of regulations
governing the incidental taking of marine mammals. NMFS invites the
public to provide information, suggestions, and comments on the State
Parks' application and request.
DATES: Comments and information must be received no later than April
29, 2026.
ADDRESSES: Comments on the application 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#377e6367197045565f565a775958565619505841"><span class="__cf_email__" data-cfemail="bdf4e9ed93facfdcd5dcd0fdd3d2dcdc93dad2cb">[email protected]</span></a>.
[[Page 15598]]
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 received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word, Excel, or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted 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> 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: Krista Graham, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the State Parks'
application 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 above.
SUPPLEMENTARY INFORMATION:
Background
Sections 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 issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An incidental take authorization 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 for 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 April 30, 2025, NMFS received an application from the State
Parks requesting authorization to take marine mammals incidental to the
MFRP, specifically the repair and improvement of six marine facilities
in four State Parks within North Puget Sound in Western Washington (the
San Juan Islands and Deception Pass). We provided comments on the
application, and the State Parks submitted a revised version on July
25, 2025. The application subsequently underwent substantial updates
due to project changes, and a final application was received on March
23, 2026. The application was deemed adequate and complete on March 24,
2026. The requested regulations would be valid for 5 years, from August
1, 2026, through July 31, 2031. The State Parks plans to conduct
necessary work, including pile driving and removal (vibratory and
impact) and rotary drilling (rock socket drilling or down-the-hole
(DTH) drilling). Only pile removal and installation associated with in-
water construction and maintenance activities of the marine facilities
are anticipated to result in takes of marine mammals due to elevated
underwater noise. The underwater sound generated by these in-water
activities may result in Level A harassment and/or Level B harassment
of marine mammal species. Therefore, the State Parks requests
authorization to incidentally take marine mammals.
Specified Activities
The purpose of the State Parks' activities is to conduct
maintenance and improvement projects at Reid Harbor and Prevost Harbor
in Stuart Island Marine State Park, at Fossil Bay in Sucia Island
Marine State Park, at Olga Pier at Olga State Park, and at Bowman Bay
and Rosario Pier at Deception Pass State Park. The proposed activities
would include removing or replacing existing timber piles with aluminum
and steel piles and structures to improve piers, ramps, floats, and
moorage facilities. Construction activities will last up to 14 hours
per day and will occur annually between August 1, 2026, and February
15, 2027, through 2031. The State Parks' application includes
mitigation and monitoring measures designed to minimize impacts on
marine mammals.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the State Parks' request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the State Parks, if appropriate.
Dated: March 25, 2026.
Kim Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-06050 Filed 3-27-26; 8:45 am]
BILLING CODE 3510-22-P
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