Notice2026-09800
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Homer Harbor System Four Float Replacement Project
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
May 15, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the City of Homer (Homer) for authorization to take marine mammals incidental to Homer Harbor System Four Float Replacement Project in Homer, AK.
Full Text
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<title>Federal Register, Volume 91 Issue 94 (Friday, May 15, 2026)</title>
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[Federal Register Volume 91, Number 94 (Friday, May 15, 2026)]
[Notices]
[Pages 27925-27926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09800]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF673]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Homer Harbor System Four Float
Replacement Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an incidental harassment authorization (IHA) to the
City of Homer (Homer) for authorization to take marine mammals
incidental to Homer Harbor System Four Float Replacement Project in
Homer, AK.
DATES: This authorization is effective for 1 year from the date of
notification by the IHA-holder, not to exceed 1 year from the date of
issuance (May 13, 2026).
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-city-homers-homer-harbor-system-four-float-replacement-project">https://www.fisheries.noaa.gov/action/incidental-take-authorization-city-homers-homer-harbor-system-four-float-replacement-project</a>. In case of problems accessing these
documents, please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
MMPA Background and Determinations
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Among the exceptions is section 101(a)(5)(D) of the MMPA
(16 U.S.C. 1361 et seq.) which directs the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking by harassment 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 the public has an opportunity to comment on the proposed IHA.
Specifically, NMFS shall issue an IHA if it 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''). NMFS must also
prescribe requirements pertaining to the monitoring and reporting of
such takings. The definitions of key terms, such as ``take,''
``harassment,'' and ``negligible impact,'' can be found in the MMPA and
the NMFS' implementing regulations (see 16 U.S.C. 1362; 50 CFR
216.103).
On April 2, 2026, a notice of NMFS' proposal to issue an IHA to
Homer for take of marine mammals incidental to Homer Harbor System Four
Float Replacement Project in Homer, AK was published in the Federal
Register (91 FR 16651). In that notice, NMFS indicated the estimated
numbers, type, and methods of incidental take proposed for each species
or stock, as well as the mitigation, monitoring, and reporting measures
that would be required should the IHA be issued. The Federal Register
notice also included analysis to support NMFS' preliminary conclusions
and determinations that the IHA, if issued, would satisfy the
requirements of section 101(a)(5)(D) of the MMPA for issuance of the
IHA. The Federal Register notice included web
[[Page 27926]]
links to a draft IHA for review, as well as other supporting documents.
No comments were received during the public comment period. There
are no changes to the specified activity, the species taken, the
proposed numbers, type, or methods of take, or the mitigation,
monitoring, or reporting measures in the proposed IHA notice. No new
information that would change any of the preliminary analyses,
conclusions, or determinations in the proposed IHA notice has become
available since that notice was published, and therefore, the
preliminary analyses, conclusions, and determinations included in the
proposed IHA are considered final.
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 an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs 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 has determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
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 ensures 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.
NMFS is authorizing take of the Mexico DPS of humpback whales
(Megaptera novaeangliae) and the western DPS of Stellar sea lions
(Eumetopias jubatus), which are listed under the ESA. The NMFS Alaska
Regional Office issued a Biological Opinion under section 7 of the ESA,
on the issuance of an IHA to Homer 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 and is not likely to destroy or adversely modify critical
habitats of these species.
Authorization
Accordingly, consistent with the requirements of section
101(a)(5)(D) of the MMPA, NMFS has issued an IHA to Homer for
authorization to take marine mammals incidental to Homer Harbor System
Four Float Replacement Project in Homer, AK.
Dated: May 13, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-09800 Filed 5-14-26; 8:45 am]
BILLING CODE 3510-22-P
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