Notice2026-06457
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
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 3, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to United States Air Force Pacific Regional Support Center (USAF) to incidentally harass marine mammals incidental to Eareckson Air Station Fuel Pier Repair in Alcan Harbor on Shemya Island, Alaska.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Notices]
[Pages 16924-16929]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06457]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF627]
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; issuance of renewal of incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to United States Air Force Pacific Regional Support Center (USAF)
to incidentally harass marine mammals incidental to Eareckson Air
Station Fuel Pier Repair in Alcan Harbor on Shemya Island, Alaska.
DATES: This renewal IHA is valid from April 21, 2026 until April 20,
2027.
ADDRESSES: 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.
FOR FURTHER INFORMATION CONTACT: Kate Fleming, 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 promulgated or, if the taking is limited to harassment, an
incidental harassment authorization is issued.
[[Page 16925]]
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
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 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 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).
<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>.
History of Request
On April 21, 2025, NMFS issued an IHA to USAF to take marine
mammals incidental to the Eareckson Fuel Pier Repair project in Alcan
Harbor on Shemya Island, Alaska (90 FR 17410, April 25, 2025),
effective from April 21, 2026 through April 20, 2027. On January 30,
2026, NMFS received an application for the renewal of that initial IHA.
As described in the application for renewal, 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 (available at <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>) 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. The notice of the proposed renewal incidental
harassment authorization was published on March 11, 2026 (91 FR 11956).
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 includes
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
plans to 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 plans to conduct vibratory pile driving
activities during low-light conditions, where Protected Species
Observers (PSOs) will use equipment such as infrared light bars, night
vision devices, and thermal imaging to ensure sufficient visibility.
USAF proposed these changes to help address slower production rates
than originally estimated, given challenging environmental conditions
and mechanical delays.
[[Page 16926]]
These changes increase the size of the estimated Level A harassment
zones and the shutdown zones associated with vibratory pile driving and
removal (see Description of Mitigation, Monitoring, and Reporting
Measures). The increase to 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 will 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 has authorized incidental take at the same levels as
authorized in the initial 2025 IHA, except for Steller sea lion
(authorized take 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 authorized 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's plans include vibratory pile driving and removal at
night, and anticipates that work will occur over 173 construction days
rather than 160 days. NMFS has determined that the amount of take
authorized through the initial 2025 IHA remains sufficient to cover the
likely effects of the planned activity, and has made no changes to the
authorized take, other than to account for reported potential takes of
Steller sea lion.
USAF's 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 Revisions for the Renewal
----------------------------------------------------------------------------------------------------------------
Initial IHA Revision
---------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Maximum piles per day............... 4 4 8 7
Minutes per pile.................... 15 30 15 30
Minutes per day..................... 60 120 120 210
----------------------------------------------------------------------------------------------------------------
The renewal IHA is 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 take is authorized, 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 take is
authorized here may be found in the Federal Register 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 IHA, recent draft Stock Assessment Reports, information on
relevant Unusual Mortality Events, other scientific literature, and the
public comments, and determined that there is no new information
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 planned
revisions (table 1), using the optional User Spreadsheet tool described
in the initial
[[Page 16927]]
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 planned by USAF.
Table 2--Projected 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
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....................... 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: LF = Low frequency cetaceans; HF = high frequency cetaceans; VHF = Very high frequency cetaceans; PW = Phocids; OW = Otariids.
Table 3--Projected Distances to Level A and Level B Harassment Isopleths (m) by Marine Mammal Hearing Group Based on Production Rates Planned for the
Renewal
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Bolded values reflect changes from the 2025 IHA and are based on USAF's daily increase in the planned number of piles to be vibratory installed or
removed.
USAF will 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 Authorized take as
Species Stock Level B Level A 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 *
[[Page 16928]]
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 has authorized 87 takes by
Level B harassment to stay consistent with the existing Biological Opinion for this project.
Description of Mitigation, Monitoring and Reporting Measures
The 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). 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 required
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 visually confirmed
beyond the required shutdown zones or 15 minutes have passed
(delphinids and pinnipeds) or 30 minutes for all other species without
re-detected 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 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 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
planned 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........... 1,000 350 500 400 400
30-in........... 290
Impact....................... 42-in........... 260
30-in........... 120
----------------------------------------------------------------------------------------------------------------
[[Page 16929]]
Table 6--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........... 1,000 350 500 400 400
30-in........... 290
Impact....................... 42-in........... 260
30-in........... 120
----------------------------------------------------------------------------------------------------------------
Note: Bold font represents a change from the initial IHA.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to USAF was
published in the Federal Register on March 11, 2026 (91 FR 11956). That
notice either described, or referenced descriptions of, the USAF's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no substantive public
comments.
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 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 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) 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.
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 determined that the application of this categorical
exclusion remains appropriate for this renewal 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 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).
Renewal
NMFS has issued a renewal IHA to USAF for the take of marine
mammals incidental to conducting the Eareckson Fuel Pier Repair project
in Alcan Harbor on Shemya Island, Alaska between April 21, 2026, and
April 20, 2027.
Dated: March 31, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-06457 Filed 4-2-26; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on April 3, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.