Notice2026-06099
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Furie Operating Alaska, LLC Natural Gas Activities in Cook Inlet, Alaska
Primary source
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Published
March 30, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from Furie Operating Alaska, LLC (Furie) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to activities supporting natural gas production in Cook Inlet, Alaska. Furie's activities under the renewal IHA would be identical to a subset of those covered in the current IHA. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the current IHA, NMFS requested comments on two consecutive proposed IHAs ("initial IHAs") and the potential for a renewal IHA 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 of the current IHA not previously submitted during the initial IHA 30-day comment period.
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 15599-15604]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06099]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF495]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Furie Operating Alaska, LLC Natural
Gas Activities in Cook Inlet, 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 Furie Operating Alaska, LLC
(Furie) for the renewal of their currently active incidental harassment
authorization (IHA) to take marine mammals incidental to activities
supporting natural gas production in Cook Inlet, Alaska. Furie's
activities under the renewal IHA would be identical to a subset of
those covered in the current IHA. Pursuant to the Marine Mammal
Protection Act (MMPA), prior to issuing the current IHA, NMFS requested
comments on two consecutive proposed IHAs (``initial IHAs'') and the
potential for a renewal IHA 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 of the current IHA not previously submitted
during the initial IHA 30-day comment period.
DATES: Comments and information must be received no later than April
14, 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#da938e8af49ebbacb3a99ab4b5bbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="3b726f6b157f5a4d52487b55545a5a155c544d">[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: Leah Davis, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 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
[[Page 15600]]
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 NMFS'
implementing regulations at 50 CFR 216.103 et seq.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that an IHA may be renewed for an additional period of time
not to exceed 1 year. In the Federal Register notice of proposed IHA
for the initial IHAs (89 FR 51102, June 14, 2024), NMFS described the
circumstances under which we would consider issuing a renewal IHA 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 NMFS'
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.
History of Request
On September 12, 2024, NMFS issued two consecutive IHAs to Furie to
take marine mammals incidental to activities supporting natural gas
production in Cook Inlet Alaska (89 FR 77836, September 24, 2024),
effective from September 13, 2024 through September 12, 2025 (initial
Year 1) and September 13, 2025 through September 12, 2026 (initial Year
2). On December 23, 2025, NMFS received an application for the renewal
of the initial Year 2 IHA. As described in Furie's IHA renewal
application, the activities for which incidental take is requested are
identical to a subset of those covered in the initial Year 2 IHA. 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.
Description of the Specified Activities and Anticipated Impacts
Furie is planning to conduct natural gas activities in Middle Cook
Inlet, Alaska. Furie proposes to relocate the Enterprise 151 jack-up
production rig (Enterprise 151 or rig) to the Allegra Lee Platform
(ALP; originally referred to as the JRP in the notice of proposed and
final initial IHAs (89 FR 51102, June 14, 2024; 89 FR 77836, September
24, 2024) but since renamed). This activity represents a subset of the
initial activity for which NMFS authorized incidental take. Furie
proposes to conduct the rig towing activities between April 1 and
November 15 each year, but if favorable ice conditions occur outside of
that period, it may tow the rig outside of that period. Noise produced
by rig towing may result in take, by Level B harassment only, of marine
mammals.
The initial Year 2 IHA authorized take, by Level B harassment, of
humpback whale (Megaptera novaeangliae), minke whale (Balaenoptera
acutorostrata), gray whale (Eschrichtius robustus), fin whale
(Balaenoptera physalus), killer whale (Orcinus orca), beluga whale
(Delphinapterus leucas), Dall's porpoise (Phocoenoides dalli), harbor
porpoise (Phocoena phocoena), Pacific white-sided dolphin
(Lagenorhynchus obliquidens), harbor seal (Phoca vitulina), Steller sea
lion (Eumetopias jubatus), and California sea lion (Zalophus
californianus). The initial Year 2 IHA also authorized Level A
harassment of harbor seal. Under the renewal IHA, NMFS proposes to
authorize the same number of takes, by Level B harassment, as were
authorized under the initial Year 2 IHA. Take by Level A harassment is
not proposed for authorization under this renewal IHA, as the take by
Level A harassment authorized in the initial Year 2 IHA was anticipated
to occur from pile driving, and Furie is not proposing to conduct pile
driving under this renewal IHA.
Detailed Description of the Activity
A detailed description of the rig tugging/positioning activities
for which authorization of take is proposed here may be found in the
notices of the proposed and final IHAs for the initial IHAs (89 FR
51102, June 14, 2024; 89 FR 77836, September 24, 2024). The location,
timing, and nature of the activities, including the types of equipment
planned for use, are identical to a subset of those described in the
previous notices. Furie is proposing to conduct rig towing/positioning
under
[[Page 15601]]
this proposed renewal IHA. It expects to conduct two rig moves during
the requested renewal period between September 13, 2026, and September
12, 2027. The first is expected in late fall 2026 (October or
November). The second is anticipated during the early to middle part of
the 2027 open-water season, depending on rig availability. Furie is not
proposing to conduct pile driving during the renewal IHA period. The
proposed renewal would be effective for a period not exceeding 1 year
from the date of expiration of the initial Year 2 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, and distribution, may be found in the notices of
the proposed and final initial IHAs (89 FR 51102, June 14, 2024; 89 FR
77836, September 24, 2024). NMFS has reviewed the monitoring data from
the initial IHAs, current Stock Assessment Reports, information on
relevant Unusual Mortality Events, and other scientific literature.
Except as discussed below, we have determined there is no other 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 IHAs. Specifically, since issuance
of the initial IHAs, the abundance estimates have been updated for the
Eastern North Pacific stock of gray whale (decrease), Cook Inlet beluga
whale (increase), and Western stock of Steller sea lion (decrease). See
table 1 for additional information.
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
notice of the proposed initial IHAs (89 FR 51102, June 14, 2024). NMFS
has reviewed the monitoring data from the initial IHAs, 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 and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final initial IHAs (89 FR 51102, June 14, 2024; 89 FR
77836, September 24, 2024).
In its renewal request, Furie provided updated marine mammal
densities for all species except Cook Inlet beluga whale, Pacific
white-sided dolphin, and California sea lion, incorporating data from
Shelden et al. (2022) and Goetz et al. (2023). Relative to the
densities applied in estimating take for the initial Year 2 IHA, the
densities of humpback whale, minke whale, killer whale, and harbor seal
increased slightly, while the densities for gray whale, fin whale,
Dall's porpoise, harbor porpoise, and Steller sea lion decreased
slightly. For Cook Inlet beluga whale, Furie's application utilized the
density applied in estimating take for the initial Year 2 IHA.
Densities were not considered for Pacific white-sided dolphin and
California sea lion in the analysis for the initial Year 2 IHA given
the extremely low occurrence of these species in the project area.
As stated in the notices of proposed and final initial IHAs (89 FR
51102, June 14, 2024; 89 FR 77836, September 24, 2024), while Shelden
et al. (2022) and Goetz et al. (2023) provide more recent survey data
than that incorporated into the density estimate, the surveyed area was
not included in either report, therefore NMFS did not incorporate them
into the density calculation. For this proposed renewal IHA, NMFS
continues to rely upon the density applied in the analysis for the
initial Year 2 IHA. For harbor seal, while applying the density Furie
proposed in its renewal application would result in an estimated 187
takes by Level B harassment, given that Furie has not observed harbor
seals under the Year 1 IHA or to date under the Year 2 IHA, NMFS
proposes to authorize 168 takes by Level B harassment of harbor seal
under this proposed renewal. This is generally consistent with the
initial Year 2 IHA, but does not include take associated with pile
driving, as Furie does not propose to pile drive under this renewal
IHA. For Steller sea lion, Furie requested, and NMFS is proposing to
authorize five takes by Level B harassment.
For all species except for harbor seal and Steller sea lion,
applying the densities Furie proposed in its renewal application does
not affect the estimated take, as each of these take estimates is lower
than assumed average group size, and is therefore rounded up to account
for group size (see the notices of proposed and final initial IHAs (89
FR 51102, June 14, 2024; 89 FR 77836, September 24, 2024) for more
detailed group size information). NMFS authorized six takes of Dall's
porpoise (two groups of three animals) in the initial Year 2 IHA. Furie
requested three takes of Dall's porpoise in its renewal request, and
given that Furie has not observed Dall's porpoises under the Year 1 IHA
or to date under the Year 2 IHA, NMFS proposes to authorize three takes
by Level B harassment of Dall's porpoise under this proposed renewal.
NMFS authorized 10 takes of killer whale in the initial Year 2 IHA.
Furie requested eight takes of killer whale in its renewal request.
However, despite the lack of observations of killer whale, NMFS is
proposing to authorize 10 takes of killer whale (2 groups of 5
animals), consistent with the initial Year 2 IHA.
The source levels and days of operation applicable to this
authorization remain unchanged from the previously issued Year 2 IHA.
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 below in Table 1.
Table 1--Take Proposed for Authorization as a Percentage of Stock Abundance
----------------------------------------------------------------------------------------------------------------
Total take Take as a
Abundance (Level B percentage of
Species Stock (Nbest) harassment stock
only) abundance
----------------------------------------------------------------------------------------------------------------
Humpback whale........................ Hawaii (Hawaii DPS)..... 11,278 3 <1
Mexico--North Pacific \1\ UND N/A
(Mexico DPS).
Western North Pacific... 1,084 <1
Minke whale........................... Alaska.................. \2\ UND 3 N/A
Gray whale............................ Eastern Pacific......... \3\ 25,960 3 <1
Fin whale............................. Northeast Pacific....... \4\ UND 2 N/A
Killer whale.......................... Eastern North Pacific 1,920 10 <1
Alaska Resident.
[[Page 15602]]
Eastern North Pacific 587 .............. <1
Gulf of Alaska,
Aleutian Islands, and
Bering Sea Transient.
Beluga................................ Cook Inlet.............. \5\ 331 11 3.3
Dall's porpoise....................... Alaska.................. \6\ UND 3 N/A
Harbor porpoise....................... Gulf of Alaska.......... 31,046 12 <1
Pacific white-sided dolphin........... North Pacific........... 26,880 3 <1
Harbor seal........................... Cook Inlet/Shelikof..... 28,411 168 <1
Steller sea lion...................... Western U.S............. \7\ 49,837 5 <1
California sea lion................... U.S..................... 257,606 2 <1
----------------------------------------------------------------------------------------------------------------
Note: UND = Undetermined.
\1\ Abundance estimates are based upon data collected more than 8 years ago and, therefore, current estimates
are considered unknown. The most recent minimum population estimates (Nmin) for this population include an
estimate of 2,241 individuals between 2003 and 2006 (Martinez-Aguilar 2011) and 766 individuals between 2004
and 2006 (Wade 2021). Assuming the population has been stable, and that the 3 authorized takes of humpback
whale will all be of the Mexico-North Pacific stock, this represents less than 1 percent of the stock
abundance given an a Nmin of 2,241 individuals or 766 individuals.
\2\ Reliable population estimates are not available for this stock. The most relevant estimate of partial stock
abundance is 1,233 minke whales in coastal waters of the Alaska Peninsula and Aleutian Islands (Zerbini et al.
2006).
\3\ The abundance estimate used in the analysis for the initial Year 2 IHA was 26,960.
\4\ The best available abundance estimate for this stock is not considered representative of the entire stock as
surveys were limited to a small portion of the stock's range. The Nmin is estimated to be 2,554.
\5\ The abundance estimate used in the analysis for the initial Year 2 IHA was 279.
\6\ The most recent abundance estimate is greater than 8 years old. The minimum population estimate is assumed
to correspond to the point estimate of the 2015 vessel-based abundance computed by Rone et al. (2017) in the
Gulf of Alaska (N = 13,110; CV = 0.22) (Young et al. 2024).
\7\ The abundance estimate used in the analysis for the initial Year 2 IHA was 49,932. Nest is best estimate of
counts, which have not been corrected for animals at sea during abundance surveys.
On October 24, 2024, NMFS published (89 FR 84872) its final Updated
Technical Guidance (<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance-other-acoustic-tools</a>), which includes updated thresholds and weighting
functions to inform auditory injury estimates and replaces the 2018
Technical Guidance referenced in the notices of the proposed and final
initial IHAs (89 FR 51102, June 14, 2024; 89 FR 77836, September 24,
2024). However, as stated in those notices, take by Level A harassment
is not anticipated to occur from rig tugging/positioning, and the
Updated Technical Guidance does not change this conclusion.
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 IHAs for rig tugging/positioning (the only activity for which
Furie has requested take under this proposed renewal IHA), and the
discussion of the least practicable adverse impact included in that
document remains accurate. The following measures are proposed for this
renewal:
<bullet> Furie must employ protected species observers (PSOs) and
establish monitoring locations as described in the Marine Mammal
Monitoring Plan (Monitoring Plan). Furie must monitor the project area
to the maximum extent possible based on the required number of PSOs,
required monitoring locations, and environmental conditions.
<bullet> Furie must coordinate with local Tribes as described in
its Stakeholder Engagement Plan, notify the communities of any changes
in the operation, and take action to avoid or mitigate impacts to
subsistence harvests.
<bullet> Furie must establish clearance zones for all marine mammal
species. For Cook Inlet beluga whale, Furie must establish a clearance
zone that extends as far as PSOs can feasibly observe. For all marine
mammal species other than Cook Inlet beluga whale, Furie must establish
a clearance zone that extends 1.5 km from the jack-up rig.
<bullet> Prior to commencing new operational activities in daylight
hours, or if there is a 30-minute lapse in operational activities, two
NMFS-approved PSOs must observe the clearance zones for 30 minutes.
Transitioning from towing to positioning without shutting down is not
considered commencing an operational activity. If no marine mammals are
observed within the relevant clearance zone during those 30 minutes,
activities may commence. If a non-beluga marine mammal(s) is observed
within the relevant clearance zone during those 30 minutes, operations
may not commence until the PSO(s) observe that one of the following
conditions is met, unless the delay interferes with the safety of
working conditions: (1) the non-beluga animal(s) is outside of and on a
path away from the clearance zone; or (2) for non-ESA-listed species,
15 minutes have elapsed without observing the marine mammal, or for
ESA-listed species, 30 minutes have elapsed without observing the
marine mammal. If a beluga whale is observed within the relevant
clearance zone during those 30 minutes, operations may not commence
until the beluga whale(s) is no longer detected at any range and 30
minutes have elapsed without any observations of beluga whales.
<bullet> Prior to commencing new operational activities in
nighttime hours, or if there is a 30-minute lapse in operational
activities in low/no-light conditions, two NMFS-approved PSOs must
observe out to the greatest extent feasible while using night vision
devices for 30 minutes (i.e., pre-clearance monitoring). Transitioning
from towing to positioning without shutting down is not considered
commencing an operational activity. If no marine mammals are observed
during those 30 minutes, activities may commence. If a marine mammal(s)
is observed during those 30 minutes, operations may not commence until
the PSO(s) observe that one of the following conditions is met, unless
the delay interferes with the safety of working conditions: (1) the
animal(s) is outside of the observable area, or (2) for non-ESA-listed
species, 15 minutes have elapsed without observing the marine mammal,
or for ESA-listed species, 30 minutes have elapsed without observing
the marine mammal.
<bullet> All monitoring must continue through 30 minutes post-
completion of any operations each day, and after each stoppage of 30
minutes or greater.
<bullet> Furie must conduct tug towing rig operations with a
favorable tide unless
[[Page 15603]]
human safety or equipment integrity are at risk.
<bullet> Furie may only conduct tug towing rig activities at night
if necessary to accommodate a favorable tide.
<bullet> If a species for which authorization has not been granted,
or a species for which authorization has been granted but the
authorized takes have been reached, is observed approaching or within
the clearance zone, tugging activities must be delayed if not already
under load. Operations will not commence until the PSO(s) observe that:
(1) the non-beluga marine mammal(s) is outside of and on a path away
from the clearance zone, or (2) for non-ESA-listed species, 15 minutes
have elapsed without observing the marine mammal, or for ESA-listed
species, 30 minutes have elapsed without observing the marine mammal.
If a beluga whale is observed within the relevant clearance zone during
those 30 minutes, operations may not commence until the beluga whale(s)
is no longer detected at any range and 30 minutes have elapsed without
any observations of beluga whales.
<bullet> Furie must maneuver tugs such that they maintain a
consistent speed (approximately 4 knots [7 km/hr]) and avoid multiple
changes of speed and direction.
<bullet> Furie must maintain a distance of at least 2.4 km from the
mean lower-low water line of the Sustina River Delta (Beluga River to
the Little Sustina River) between April 15 and November 15.
<bullet> Helicopters must transit at an altitude of 1,500 feet (457
meters) or higher, to the extent practicable, while adhering to Federal
Aviation Administration flight rules (e.g., avoidance of cloud ceiling,
etc.), excluding takeoffs and landing. If flights must occur at
altitudes less than 1,500 feet due to environmental conditions,
aircraft must make course adjustments, as needed, to maintain at least
a 1,500-foot separation from all observed marine mammals. Helicopters
must not hover or circle above marine mammals.
Furie will continue to follow the Stakeholder Engagement Plan,
provide notifications before future rig moves, and work with tribal
groups if impacts to subsistence activities are identified.
A minimum of two NMFS-approved PSOs will be on-watch during all
activities wherein the rig is attached to the tugs for the duration of
the project. PSOs will be stationed aboard a tug or the rig during tug
towing and positioning and may use a combination of equipment to
perform marine mammal observations and to verify the required
monitoring distance from the project site, including 7 by 50 binoculars
and NMFS approved night vision devices for low light and nighttime
operations. A minimum of two NMFS-approved PSOs will be stationed on
the ALP at the highest possible vantage point to monitor to the maximum
extent possible in all directions during pile driving. PSOs will be
independent of the activity contractor (for example, employed by a
subcontractor) and have no other assigned tasks during monitoring
periods. At least one PSO will have prior experience performing the
duties of a PSO during an activity pursuant to a NMFS-issued Incidental
Take Authorization or Letter of Concurrence. Other PSOs may substitute
other relevant experience (including relevant Alaska Native traditional
knowledge), education (degree in biological science or related field),
or training for prior experience performing the duties of a PSO. Where
a team of three or more PSOs is required, a lead observer or monitoring
coordinator must be designated. The lead observer must have prior
experience performing the duties of a PSO during an activity pursuant
to a NMFS-issued incidental take authorization.
Furie 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.
Additionally, all injured or dead marine mammals must be reported to
the Office of Protected Resources (OPR) and to the Alaska regional
stranding network.
Comments and Responses
NMFS published a notice of the proposed IHAs (89 FR 51102, June 14,
2024) and solicited public comments on both our proposal to issue the
initial IHAs for Furie's activities and on the potential for a renewal
of the IHAs, should certain requirements be met. All public comments
were addressed in the notice announcing the issuance of the initial
IHAs (89 FR 77836, September 24, 2024) and none of the comments
specifically pertained to the renewal of the initial Year 2 IHA.
Preliminary Determinations
The proposed activity is identical to a subset of the initial Year
2 IHA. The only change is that anticipated effects from pile driving
would not occur, as no pile driving is proposed to occur. The same
marine mammals are affected, and the potential effects and estimated
take are assumed to remain the same, as described in the Estimated Take
section of this notice. Mitigation and monitoring remain the same as
the initial Year 2 IHA, with the exception of removal of pile driving
measures that no longer apply.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those for
the initial Year 2 IHA. This includes consideration of the estimated
abundance of Eastern North Pacific stock of gray whale (decrease), Cook
Inlet beluga whale (increase), and Western stock of Steller sea lion
(decrease). Based on the information and analysis contained here and in
the referenced documents, NMFS has preliminarily determined the
following: (1) the required mitigation measures will effect 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) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) Furie's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no subsistence
uses of marine mammals would be affected by this action, and; (5)
appropriate monitoring and reporting requirements are included.
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 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.
For the initial IHAs, NMFS prepared an Environmental Assessment
(EA) and analyzed the potential impacts to marine mammals that would
result from Furie's activities supporting natural gas production. A
Finding of No Significant Impact (FONSI) was signed on September 12,
2024. Copies of the EA and FONSI are available at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas</a>. NMFS is preparing an EA for this
action.
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
[[Page 15604]]
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.
Four marine mammal species, fin whale, humpback whale (Mexico
Distinct Population Segment (DPS)), beluga whale (Cook Inlet), and
Steller sea lion (Western DPS) occur in the project area and are listed
as threatened or endangered under the ESA. The NMFS Alaska Regional
Office issued a Biological Opinion under section 7 of the ESA on the
issuance of two IHAs to Furie under section 101(a)(5)(D) of the MMPA by
NMFS OPR. The Biological Opinion concluded that the action is not
likely to jeopardize the continued existence of these species and is
not likely to destroy or adversely modify their critical habitat. This
conclusion remains applicable to this proposed renewal IHA.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to Furie for conducting natural gas activities in
Cook Inlet, Alaska from September 13, 2026 through September 12, 2027,
provided the previously described mitigation, monitoring, and reporting
requirements are incorporated. The initial Year 2 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 26, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-06099 Filed 3-27-26; 8:45 am]
BILLING CODE 3510-22-P
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