Notice2026-18189
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seward Cruise Ship Passenger Dock and Terminal Facility Project in Seward, Alaska
Primary source
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Published
September 8, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Turnagain Marine Construction (TMC) for the renewal of their currently active incidental harassment authorization (IHA) (hereinafter, the "initial IHA") to take marine mammals incidental to Seward Cruise Ship Passenger Dock and Terminal Facility project in Seward, Alaska. TMC activities will not be completed prior to the IHA's expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization 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 not previously provided during the initial 30-day comment period.
Full Text
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<title>Federal Register, Volume 91 Issue 172 (Tuesday, September 8, 2026)</title>
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[Federal Register Volume 91, Number 172 (Tuesday, September 8, 2026)]
[Notices]
[Pages 57137-57141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18189]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XG010]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Seward Cruise Ship Passenger Dock
and Terminal Facility Project in Seward, 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 has received a request from Turnagain Marine Construction
(TMC) for the renewal of their currently active incidental harassment
authorization (IHA) (hereinafter, the ``initial IHA'') to take marine
mammals incidental to Seward Cruise Ship Passenger Dock and Terminal
Facility project in Seward, Alaska. TMC activities will not be
completed prior to the IHA's expiration. Pursuant to the Marine Mammal
Protection Act (MMPA), prior to issuing the currently active IHA, NMFS
requested comments on both the proposed IHA and the potential for
renewing the initial authorization 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 not previously provided
during the initial 30-day comment period.
DATES: Comments and information must be received no later than
September 23, 2026.
ADDRESSES: Comments should be addressed to the Permits and Conservation
Division, Office of Protected Resources, NMFS, and should be submitted
via email to <a href="/cdn-cgi/l/email-protection#f9b0ada9d79c8a9a91b997969898d79e968f"><span class="__cf_email__" data-cfemail="662f3236480315050e260809070748010910">[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: Carter Esch, Office of Protected
Resources, NMFS, (301) 427-8401.
[[Page 57138]]
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 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 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 the NMFS'
implementing regulations at 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 one 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 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:
<bullet> 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).
<bullet> 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.
<bullet> 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 agency
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.
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
NAO 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 preliminarily determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
History of Request
On September 5, 2025, NMFS issued an IHA to TMC to take marine
mammals incidental to Seward Cruise Ship Passenger Dock and Terminal
Facility project in Seward, AK (90 FR 44047, September 11, 2025),
effective from September 21, 2025, through September 20, 2026. On June
23, 2026, NMFS received an application for the renewal of that initial
IHA. As described in the application for the renewal IHA, the
activities for which authorization of incidental take is requested
consist of activities that are covered by the initial authorization but
will not be completed prior to its expiration. 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
The purpose of this construction project is to remove an existing
passenger dock and replace it with a new passenger dock to provide safe
harbor for cruise ships and passengers during the visitor season and
limited freight and utilities in the off-season at the head of
Resurrection Bay in Seward,
[[Page 57139]]
Alaska. As described in detail in the notice for the proposed (90 FR
34463, July 22, 2025) and final (90 FR 44047, September 11, 2025)
initial IHAs, the in-water construction activities include vibratory
removal of existing H and steel pipe piles, vibratory installation and
removal of temporary steel pipe piles, vibratory and impact
installation of permanent steel pipe piles, and down-the-hole drilling
(DTH) if required for installation of steel pipe piles deep into the
bedrock. Under the initial IHA, TMC completed the majority of planned
activities. However, a one-year renewal of the initial IHA is needed to
complete installation of a small number of remaining piles. Takes of
marine mammals by Level A harassment and Level B harassment are
expected to occur as a result of noise produced by impact and vibratory
pile driving, vibratory removal, and DTH.
Detailed Description of the Activity
A detailed description of the construction activities for which
authorization of take is proposed here may be found in the notices of
the proposed (90 FR 34463, July 22, 2025) and final IHAs (90 FR 44047,
September 11, 2025) for the initial authorization. The location and
nature of the activities, including the types of equipment planned for
use, are identical to those described in the previous notices. Under
the initial IHA, TMC completed the majority project activities (table
1). Remaining activities include the installation and removal of eight
temporary 36-inch (in) steel piles and installation of eight permanent
48-in steel piles using vibratory and impact piling and DTH over 12
construction days.
Table 1--Number and Type of Piles Installed and Removed Under the Initial IHA and Renewal IHA
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Number of Estimated days
Activity piles of work
Pile size and duration Max piles per completed completed
Method type (minutes day under Initial under Initial
(strikes)/ IHA [under IHA [under
pile) \1\ Renewal IHA] Renewal IHA]
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Vibratory Pile Driving
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Existing Pile removal......... 14-in H-pile.... 5 40 1,820 46
Existing Pile removal......... 20-in steel pile 10 4 10 2.5
Temporary Pile Installation... 36-in steel pile 10 6 92 [8] 31 [2]
Temporary Pile Removal........ 36-in steel pile 10 6 92 [8] 31 [2]
Permanent Pile Installation... 48-in steel pile 10 6 68 [8] 11 [2]
Permanent Pile Installation... 60-in steel pile 15 4 16 16
Permanent Pile Installation... 72-in steel pile 20 4 16 16
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Impact Pile Driving
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Permanent Pile Installation... 48-in steel pile 3,000 4 68 [8] 17 [2]
Permanent Pile Installation... 60-in steel pile 3,000 3 16 16
Permanent Pile Installation... 72-in steel pile 3,000 3 16 16
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DTH
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Temporary Pile Installation... 36-in steel pile 120 4 16 [8] 4 [2]
Permanent Pile Installation... 48-in steel pile 150 4 16 [8] 4 [2]
Permanent Pile Installation... 60-in steel pile 240 2 8 8
Permanent Pile Installation... 72-in steel pile 360 2 5 5
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\1\ Vibratory pile driving and DTH units are minutes per pile. Impact pile driving units are strikes per pile.
The proposed renewal would be effective for a period not exceeding
1 year from the date of expiration of the initial IHA.
Description of Marine Mammals
A description of the marine mammals project area for which
authorization of take is proposed here, including information on
abundance, status, distribution, and hearing, may be found in the
notice of the proposed IHA (90 FR 34463, July 22, 2025) for the initial
authorization. NMFS has reviewed the monitoring data from the initial
IHA, recent stock assessment reports, 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 an
authorization of incidental take is proposed here may be found in the
notice of the proposed IHA (90 FR 34463, July 22, 2025) for the initial
authorization. NMFS has reviewed the monitoring data from the initial
IHA, recent stock assessment reports, 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 notice of the proposed
IHA (90 FR 34463, July 22, 2025) for the initial authorization. The
source levels and marine mammal occurrence data applicable to this
authorization remain unchanged from the previously issued IHA.
Similarly, the stocks taken, methods of take, and types of take remain
unchanged from the previously issued IHA. The estimated number of takes
proposed for authorization (table 2) is based on the subset of
activities to be completed under this renewal IHA and, therefore,
represents a proportion of the initially authorized takes. These takes
reflect the estimated remaining number of days of work and number of
piles to be driven.
[[Page 57140]]
Estimated take by Level A and Level B harassment for the proposed
renewal was calculated using the same methodology as in the initial
final (90 FR 44047, September 11, 2025) IHA.
Table 2--Estimated Take by Level A Harassment and Level B Harassment by Species and Stock
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Proposed take
Common name Scientific name Stock Level A Level B as percentage
harassment harassment of stock
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Gray Whale................... Eschrichtius Eastern North 1 1 <1
robustus. Pacific.
Fin Whale.................... Balaenoptera Northeast 1 1 \1\ <1
physalus. Pacific.
Humpback Whale............... Megaptera Hawai[revaps]i.. 1 11 <1
novaeangliae.
Mexico-North 1 \3\ <1
Pacific.
Western North 0 N/A
Pacific.
Killer Whale \1\............. Orcinus orca... Eastern North 1 12 <1
Pacific Alaska
Resident.
AT1 Transient... 0 0 NA
Eastern North 0 0 NA
Pacific Gulf of
Alaska,
Aleutian
Islands and
Bering Sea
Transient.
Dall's Porpoise.............. Phocoenoides Alaska.......... 2 5 <1
dalli.
Harbor Porpoise.............. Phocoena Gulf of Alaska.. 1 12 <1
phocoena.
Steller Sea Lion............. Eumetopias Western......... 2 96 <1
jubatus.
Harbor Seal.................. Phoca vitulina. Prince William 6 144 <1
Sound.
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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 IHA (90 FR 44049, September 11, 2025), and the discussion of
the least practicable adverse impact included in that document and the
notice of the proposed IHA (90 FR 34463, July 22, 2025) for the initial
authorization remains accurate. The initial IHA included a measure
requiring that TMC deploy a bubble curtain during installation of all
60- and 72- in piles and at least 12 of the 48-in piles used in the
installation of the mooring dolphins). TMC completed these requirements
under the initial IHA, thus, the renewal IHA would not have a bubble
curtain requirement. The following measures are proposed for this
renewal:
<bullet> TMC 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 and DTH activity (i.e., pre-start clearance
monitoring) through 30 minutes post completion of pile driving and DTH
activity.
Pre-start clearance monitoring must be conducted during periods of
sufficient visibility or 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 and DTH activity must be delayed or halted.
<bullet> If pile driving or DTH 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
redetection of the animal.
<bullet> Soft start techniques must be used when impact pile
driving.
<bullet> Pile driving and DTH 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> TMC 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> TMC must submit a draft marine mammal monitoring report to
NMFS within 90 days after the completion of pile driving and DTH
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.
Table 3 provides a subset of the shutdown zones from the initial
2025 IHA, limited to the pile types TMC would install under the renewal
IHA (i.e., 36- and 48-in steel piles).
Table 3--Proposed Shutdown and Level B Harassment Zones (m)
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Shutdown zone Level B
Method Pile size and type ------------------------------------------------------------ harassment
LF HF VHF PW OW zone
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Vibratory Install and removal............... 36-in steel pile (temporary).. 20 10 20 30 10 11,660
Vibratory Install........................... 48-in steel pile.............. 45 20 35 60 20 \1\ 24,100
Impact Install.............................. 48-in steel pile.............. 2,000 365 300 300 300 1,360
DTH......................................... 36-in steel pile (temporary).. 2,000 405 300 300 300 \1\ 24,100
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\1\ The Level B harassment zone is truncated by landmass interception, limited to a maximum of 24,100 m.
[[Page 57141]]
Comments and Responses
NMFS published a notice of a proposed IHA (90 FR 34463, July 22,
2025) and solicited public comments on both our proposal to issue the
initial IHA for the Seward Passenger Dock and on the potential for a
renewal IHA, should certain requirements be met. No comments were
submitted by the public.
Preliminary Determinations
TMC's action will require completing a subset of pile driving
activities that were not completed under the initial IHA (i.e.,
installation of 8 permanent piles using 8 temporary template piles).
The method of taking and effects of the work were analyzed in the
initial IHA. Work planned under the initial IHA was expected to take
203 in-water construction days. TMC estimates that only 12 days of work
remain. The take estimate for the renewal IHA is based on the
activities proposed to occur during these remaining days. The proposed
renewal take numbers represent a subset of the total take authorized
under the initial IHA. In analyzing the effects of the activities for
the initial IHA, NMFS determined that TMC's activities would have a
negligible impact on the affected species or stocks and that authorized
take numbers of each species or stock were small relative to the
relevant stocks (e.g., less than one-third the abundance of all
stocks). The mitigation measures and monitoring and reporting
requirements as described above are identical to the initial 2025 IHA.
NMFS has preliminarily 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) TMC'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.
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 TMC under section 101(a)(5)(D) of the MMPA
by the NMFS Office of Protected Resources. NMFS is authorizing take of
the following distinct population segments: Western United States
Steller sea lion, Western North Pacific humpback whale, the Mexico
humpback whale, and fin whale, which are listed under the ESA. The
Alaska Regional Office's biological opinion states that the action is
not likely to jeopardize the continued existence of the listed species.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to TMC for authorization to take marine mammals
incidental to Seward Cruise Ship Passenger Dock and Terminal Facility
project in Seward, Alaska from September 20, 2026, through September 1,
2027, provided the previously described mitigation, monitoring, and
reporting requirements are incorporated. The initial 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: September 2, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-18189 Filed 9-4-26; 8:45 am]
BILLING CODE 3510-22-P
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