Notice2026-11127
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo Terminals Replacement Project in Anchorage, 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
June 3, 2026
Effective
February 28, 2031
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a modified letter of authorization (LOA) has been issued to the Don Young Port of Alaska (POA), for the unintentional taking of marine mammals incidental to the Cargo Terminals Replacement (CTR) project at the existing port facility in Anchorage, Alaska over the course of 5 years (2026-2031). Specifically, NMFS has updated table 2 Shutdown and Harassment Zones for vibratory extraction of 42-inch (in), 48-in, and 72-in steel pipe piles. In doing so, NMFS determined that the anticipated impacts are the same as those described in the final rule, the modification does not change the findings made for the regulations, the modification does not result in any change in the authorized number of takes of marine mammals, and the requirements of the previous LOA were implemented. As required under the relevant Incidental Take Regulations, NMFS is publishing a notice of issuance of the modified LOA.
Full Text
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<title>Federal Register, Volume 91 Issue 106 (Wednesday, June 3, 2026)</title>
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[Federal Register Volume 91, Number 106 (Wednesday, June 3, 2026)]
[Notices]
[Pages 33153-33155]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11127]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF688]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Port of Alaska Modernization Program Phase 2B: Cargo
Terminals Replacement Project in Anchorage, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 33154]]
ACTION: Notice of issuance of a modified letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that a modified letter of authorization (LOA) has been issued to the
Don Young Port of Alaska (POA), for the unintentional taking of marine
mammals incidental to the Cargo Terminals Replacement (CTR) project at
the existing port facility in Anchorage, Alaska over the course of 5
years (2026-2031). Specifically, NMFS has updated table 2 Shutdown and
Harassment Zones for vibratory extraction of 42-inch (in), 48-in, and
72-in steel pipe piles. In doing so, NMFS determined that the
anticipated impacts are the same as those described in the final rule,
the modification does not change the findings made for the regulations,
the modification does not result in any change in the authorized number
of takes of marine mammals, and the requirements of the previous LOA
were implemented. As required under the relevant Incidental Take
Regulations, NMFS is publishing a notice of issuance of the modified
LOA.
DATES: This LOA is effective from the date of issuance through February
28, 2031.
ADDRESSES: The modified LOA and supporting documentation are available
online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-alaskas-construction-activities-port-alaska-modernization">https://www.fisheries.noaa.gov/action/incidental-take-authorization-port-alaskas-construction-activities-port-alaska-modernization</a>. In case of problems accessing these documents, please
call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Cara Hotchkin, 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 issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization may be 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 the species or stocks for
taking for certain subsistence uses (referred to as ``mitigation'');
and requirements pertaining to the mitigation, monitoring, and
reporting of the 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.
Except with respect to 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 and Analysis
On July 15, 2025, we promulgated a final rule upon request from the
POA for authorization to take marine mammals incidental to their in-
water construction and demolition activities associated with the CTR
Project at the existing port facility in Anchorage, Alaska (90 FR
31756) and subsequently issued a LOA thereunder (50 CFR 217.17; 90 FR
40566, Aug. 20, 2025). Specifically, NMFS authorized the take of 7
species, comprising 10 stocks, by Level A and Level B harassment
incidental to acoustic disturbance from impact pile driving; we refer
to the final rule and notice of issuance for the complete discussion
(90 FR 31756, 90 FR 40566).
On January 21, 2026, POA notified NMFS of updates to its
construction plan: use of one 72-in temporary pile rather than four 36-
in temporary piles per pile location; vibratory extraction of 42-in and
48-in steel pipe piles that are part of the existing structure; and
extending the construction schedule of Terminal 1 (T1) into the fourth
year of the 5 year authorization. NMFS determined the extended
construction schedule of T1 is consistent with the existing
authorization. NMFS also determined that the other construction plan
updates will have the same impacts analyzed in the rule and do not
change the findings made for the regulations but the addition of
shutdown and monitoring zones to table 2 of the LOA are necessary.
The final rule analyzed unattenuated vibratory installation of 72-
in diameter pipe piles, resulting in a Level B harassment isopleth of
9,039 m (bin 5; >6,639 m) (90 FR at 31773 July 15, 2025, table 10).
There are no existing data on sound levels produced by vibratory
extraction of 72-in piles. NMFS has therefore used sound levels
produced by vibratory installation of 72-in piles as a reasonable proxy
for sound levels produced during vibratory extraction. Thus, the
analysis for vibratory extraction of 72-in piles is identical to the
analysis for vibratory installation of the same pile size and the
activity is expected to have the same Level B harassment isopleth.
The POA originally anticipated that existing piles would be left in
place, cut at the mudline, or extracted via dead-pull methods (89 FR at
85687, October 28, 2024). Vibratory driving of both smaller (24-in and
36-in) and larger (72-in) steel pipe piles was analyzed in the rule,
and vibratory extraction of intermediate sized piles is anticipated to
have the same general effects on marine mammals. Previous phases of the
Port of Alaska Modernization Program included hydroacoustic monitoring
of vibratory installation of 48-in piles (Austin et al., 2016,
Illingworth and Rodkin 2021). NMFS used these data to evaluate the
expected isopleth from vibratory extraction of 48-in piles at the POA.
There are no existing data for vibratory pile installation or
extraction of 42-in piles at the POA; thus, 48-in pile data was used as
a proxy for both 42-in and 48-in piles. Using the median measured
source values and the transmission loss coefficients measured during
these projects, NMFS calculated the median source value estimated at 10
m from the piles (table 1) and used that value to calculate the
estimated sound propagation under the conditions used in the final rule
(Transmission Loss Coefficient (TL) = 16.5 for unattenuated vibratory
driving; 90 FR at 31770-31771, July 15, 2025). The estimated Level B
harassment isopleth for unattenuated vibratory driving (installation
and extraction) of 48-in piles is 6,222 m.
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Table 1--Measured and Calculated Source Values for Unattenuated Vibratory Driving of 48-in Piles at the POA During the PCT Project (One Pile) and the
2016 Test Pile Program (3 Piles)
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Measured values Converted values
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Median RMS
Report Pile Median RMS source level Median SL @10m (dB
Range TL source level Converted (dB re 1 re 1 [micro]Pa RMS)
(m) coefficient (dB re 1 range (m) [micro]Pa) @10
[micro]Pa) m
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Illingworth and Rodkin (2021)............ B-1 16 18.2 167 10 170.7 168.3
Austin et al. (2016)..................... IP1 14 18.35 166.3 10 169 ...................
IPI5 11 18.35 166.8 10 167.6 ...................
IP6a 12 18.35 162.9 10 164.4 ...................
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The estimated distance to the Level B harassment isopleth for
unattenuated 48-in pile extraction (6,222 m) falls within the same
spatial bin as unattenuated installation of 36-in piles shown in the
final rule (bin 4; 3,150 m to 6,639 m) (90 FR at 31778, July 15, 2025).
The source values and estimated Level B harassment isopleths for
extraction of 42-in piles are also expected to fall within the same
bin, making 48-in and 42-in piles analytically indistinguishable from
36-in piles in the estimated take analysis. Therefore, NMFS has
determined that the adjustment to the project design does not require
any modification beyond the necessary changes to distances associated
with required shutdown measures and that this modification does not
change the findings made for the regulations and does not result in
changes in the total authorized take numbers.
The shutdown zones for all species (see table 20, 90 FR at 31783,
July 15, 2025) were calculated based on the minimum 100-m shutdown zone
proposed by the POA for all pile installation and vibratory extraction
activities, as well as the calculated Level A (non-Cook Inlet beluga
whale (CIBW) species) and Level B (CIBWs) harassment isopleths. For
CIBWs, the shutdown zones exceed the calculated Level B harassment
isopleths in all scenarios.
Table 2 of the LOA has been modified to include shutdown and
harassment zones for vibratory extraction of 42-in, 48-in, and 72-in
diameter steel pipe piles. There are no other changes to the LOA.
Authorization
NMFS has issued a modified LOA to POA authorizing the take, by
harassment, of small numbers of marine mammals incidental to in-water
construction and demolition activities associated with the CTR project,
which includes the modification discussed herein.
Dated: May 29, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-11127 Filed 6-2-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 3, 2026.
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