Notice2026-21597
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
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
October 22, 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 Turnagain Marine Services (TMC) to incidentally harass marine mammals incidental to the Seward Cruise Ship Passenger Dock and Terminal Facility project in Seward, Alaska.
Full Text
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<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Notices]
[Pages 66684-66689]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21597]
[[Page 66684]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XG011]
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; issuance of renewal incidental harassment
authorization.
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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 Turnagain Marine Services (TMC) to incidentally harass marine
mammals incidental to the Seward Cruise Ship Passenger Dock and
Terminal Facility project in Seward, Alaska.
DATES: This renewal IHA is valid from September 25, 2026, through
September 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: Carter Esch, 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.
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:
<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).
<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>.
History of Request
On September 5, 2025, NMFS issued an IHA to TMC to take marine
mammals incidental to the 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 in the renewal application (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-seward-cruise-ship-passenger">https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-seward-cruise-ship-passenger</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
[[Page 66685]]
the activities conducted. The notice of the proposed renewal IHA was
published in the Federal Register on September 8, 2026 (91 FR 57137).
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, Alaska. As described in detail in the
notices for the initial IHA (90 FR 34463, July 22, 2025; 90 FR 44047,
September 11, 2025) and proposed renewal IHA (91 FR 51737, September 8,
2026), 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 1-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
take is authorized here may be found in the notices for the initial IHA
(90 FR 34463, July 22, 2025; 90 FR 44047, September 11, 2025). The
location and nature of the activities, including the types of equipment
planned for use, are identical to those described in the previous
notices. The renewal IHA is effective for a period not exceeding 1 year
from the date of expiration of the initial IHA (September 20, 2026).
Under the initial IHA, TMC completed the majority of the 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]
----------------------------------------------------------------------------------------------------------------
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 [renewal IHA [renewal
pile) \1\ IHA] IHA]
----------------------------------------------------------------------------------------------------------------
Vibratory Pile Driving
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Impact Pile Driving
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
DTH
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
\1\ Vibratory pile driving and DTH units are minutes per pile. Impact pile driving units are strikes per pile.
Description of Marine Mammals
A description of the marine mammals in the project area for which
take is authorized, 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 take is
authorized 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.
Specifically, the action area and marine mammal density and occurrence
data
[[Page 66686]]
applicable to this authorization remain unchanged from the initial and
modified IHA. Similarly, source levels, type of activity, methods of
take, and types of take remain unchanged from the initial IHA. The
number of takes authorized here (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. TMC and NMFS quantitatively assessed potential
exposure of marine mammals to noise levels from pile driving and DTH
over the NMFS threshold guidance using the same methodology as that
used for the initial IHA (90 FR 44047, September 11, 2025).
Table 2--Authorized Take by Level A Harassment and Level B Harassment by Species and Stock
----------------------------------------------------------------------------------------------------------------
Authorized
Level A Level B take as
Common name Scientific name Stock harassment harassment percentage
of stock
----------------------------------------------------------------------------------------------------------------
Gray Whale...................... Eschrichtius Eastern North 1 1 <1
robustus. Pacific.
Fin Whale....................... Balaenoptera Northeast Pacific. 1 1 \1\ <1
physalus.
Humpback Whale.................. Megaptera Hawai[revaps]i.... 1 11 <1
novaeangliae. Mexico-North 1 \2\ <1
Pacific. 0 N/A
Western North
Pacific \3\.
Killer Whale \4\................ Orcinus orca....... Eastern North 1 12 <1
Pacific Alaska 0 0 NA
Resident. 0 0 NA
AT1 Transient.....
Eastern North
Pacific Gulf of
Alaska, Aleutian
Islands and
Bering Sea
Transient.
Dall's Porpoise................. Phocoenoides dalli. Alaska............ 2 5 \5\ <1
Harbor Porpoise................. Phocoena phocoena.. Gulf of Alaska.... 1 12 <1
Steller Sea Lion................ Eumetopias jubatus. Western........... 2 96 <1
Harbor Seal..................... Phoca vitulina..... Prince William 6 144 <1
Sound.
----------------------------------------------------------------------------------------------------------------
\1\ Based on 2,554 animals discussed in SARs, although it's noted that this is likely an underestimate.
\2\ Based on proportion of each distinct population segment (DPS) being in Resurrection Bay: 89 percent Hawaii,
10 percent Mexico, and 1 percent Western North Pacific (NMFS, 2021).
\3\ Based on 918 animals discussed in SARs, derived from Wade (2021).
\4\ Based on a proportion from acoustic monitoring of stocks in Resurrection Bay: 95.7 percent Easten North
Pacific residents, 2.7 percent Gulf/Aleutian/Bering transients, and 1.6 percent AT1 transients (Yurk et al.,
2010).
\5\ NMFS does not have an official abundance estimate for this stock, and the minimum population estimate is
considered to be unknown (Young et al., 2023). See Small Numbers of the proposed notice for the initial IHA
for additional discussion (90 FR 34463, July 22, 2025).
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 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 draft renewal IHA made available for public
inspection during the 15-day comment period mistakenly retained the
bubble curtain requirement included in the initial IHA. NMFS has
removed that requirement in the issued renewal IHA, for the previously
described reason.
The following measures are planned for this renewal:
<bullet> TMC must employ NMFS-approved protected species observers
(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.
<bullet> 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 meters 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.
[[Page 66687]]
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--Shutdown and Level B Harassment Zones (m)
----------------------------------------------------------------------------------------------------------------
Shutdown zone Level B
Method Pile size and type --------------------------------------------- harassment
LF HF VHF PW OW zone
----------------------------------------------------------------------------------------------------------------
Vibratory Install and removal.. 36-in steel pile 20 10 20 30 10 11,660
(temporary).
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 2,000 405 300 300 300 \1\ 24,100
(temporary).
DTH \2\........................ 48-in steel pile.. 2,000 785 300 300 300 24,100
----------------------------------------------------------------------------------------------------------------
\1\ The Level B harassment zone is truncated by landmass interception, limited to a maximum of 24,100 m.
\2\ Although this row was included in the draft renewal IHA available for public inspection, it was errantly
missing from table 3 in the Federal Register notice for the proposed renewal IHA.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to TMC was
published in the Federal Register on September 8, 2026 (91 FR 51737).
That notice either described, or referenced descriptions of TMC's
activities, 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.
During the 15-day public comment period, NMFS received comments
from one member of the public. Our responses to relevant substantive
comments are below. We have not responded to comments that failed to
raise a significant point for us to consider (e.g., comments that are
out of scope of the proposed renewal IHA or that call for mitigation,
monitoring, or reporting measures already included in the proposed
renewal IHA). Furthermore, if a comment received was unclear, NMFS does
not include it here as it could not determine whether it raised a
significant point for NMFS to consider. The comments and
recommendations are available online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-seward-cruise-ship-passenger">https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-seward-cruise-ship-passenger</a>. Please see the
comment submission for full details regarding the recommendations and
supporting rationale.
Comment 1: The commenter requests that NMFS publish TMC's
preliminary monitoring report and extend the public comment period to
allow meaningful public review,
Response: TMC's request met NMFS' requirements for a renewal IHA,
in part, because it included preliminary monitoring data describing all
observations of species within the areas estimated to be ensonified at
or above the MMPA harassment thresholds. Therefore, the data referred
to by the commenter was made available to the public during the comment
period, and no additional public review is warranted.
For each species and harassment type, the number of observed
animals was well below the number of authorized takes, supporting the
conclusion that no impacts of a scale or nature not previously analyzed
occurred. Further, the low number of animals observed entering the
Level A harassment zone indicates successful implementation of required
mitigation through soft starts and shutdowns that eliminate the
potential for exposure to noise at or above the MMPA Level A harassment
thresholds (i.e., no more than the authorized number of takes by Level
A harassment occurred). TMC is required to submit a full monitoring
report including all details outlined in IHA measure 6(c) for each
sighting, which NMFS will make available to the public once finalized
at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-seward-cruise-ship-passenger">https://www.fisheries.noaa.gov/action/incidental-take-authorization-turnagain-marine-constructions-seward-cruise-ship-passenger</a>.
Comment 2: The commenter requests that NMFS resolve contradictory
language regarding proposed requirements for use of a bubble-curtain
and require attenuation for the remaining 48-inch impact driving and
drilling, unless an equally protective alternative is supported by
site-specific evidence,
Response: NMFS agrees with the commenter's recommendations to
reconcile the bubble-curtain measures identified in the proposed
renewal IHA FRN and IHA. TMC's planned specified activities included
installation of 48-in piles for construction of mooring dolphins and a
trestle. The initial IHA did not require the use of a bubble curtain
for the installation of 48-inch trestle piles because they would be
spaced too closely together for use of a bubble curtain to be
practicable. TMC installed all mooring dolphin piles, for which a
bubble curtain was required, under the original IHA. Thus, to address
the commenter's recommendation, NMFS removed the bubble curtain
requirement in the issued renewal IHA to align with the statement in
the proposed renewal IHA FRN indicating no bubble curtain is required
under the renewal IHA.
Comment 3: The commenter suggests that the renewal IHA should
include an explicit 48-inch drilling row stating the source level,
attenuation assumption, shutdown zones and Level B monitoring zone.
In addition, the commenter requests that NMFS explain why the
proposed operational shutdown distances adequately address the
substantially larger modelled auditory-injury distances.
Response: NMFS agrees with the commenter's suggestion regarding
mitigation for marine mammals during DTH drilling of 48-in piles and,
accordingly, included shutdown zones and the Level B harassment zone in
the bottom row of table 2 of the proposed renewal IHA. However, table 3
of the proposed renewal IHA FRN mistakenly excluded this row. Thus, to
address the commenter's suggestion, NMFS added a row to table 3
specifying the shutdown zones and Level B harassment zone for DTH
installation of 48-inch piles. The associated source level for this
activity was included in table 5 of the proposed initial IHA FRN (90 FR
34463, July 22, 2025).
For all hearing groups other than HFC, the shutdown zones for this
activity are smaller than the unattenuated modeled distances to the
Level A harassment zones, thus TMC and NMFS acknowledge there is some
potential for take by Level A harassment for certain species during DTH
[[Page 66688]]
installation of 48-in piles. Shutdown zone sizes are limited by the
cryptic nature and assumed lower detectability of some species (i.e.,
harbor and Dall's porpoise and pinnipeds) or limits to the distances to
which PSOs can practicably observe. To account for these limitations,
TMC requested and NMFS is authorizing a small number of takes by Level
A harassment for each species.
Comment 4: The commenter requested that NMFS demonstrate that PSOs
can adequately monitor the shutdown and Level B harassment zones.
Response: Figure 6 of TMC's Protected Species Monitoring and
Mitigation Plan, included as an appendix to initial IHA application,
provides a map depicting PSO deployment locations, all selected by TMC
to optimize monitoring of the required zones. The initial and renewal
IHAs include a requirement for monitoring for marine mammals for 30
minutes before, during, and after pile driving and removal and DTH
activities and stating that TMC may not begin or resume these
activities if visibility limits monitoring of these zones in their
entirety. In addition, PSOs are required to document environmental
conditions (e.g., cloud cover, estimated observable distance)
throughout monitoring periods and include these data in the final
report submitted to NMFS following completion of work under the IHA.
The commenter recommended that NMFS require TMC to use other monitoring
methods (e.g., passive acoustic monitoring, vessel-based monitoring) to
supplement the required visual monitoring. TMC did not propose and NMFS
did not require additional monitoring methods given practicability
concerns. Finally, the commenter requested that NMFS offer a
transparent method for estimating the number of animals present in
unobserved portions of the Level B harassment zone. The MMPA does not
require that IHA Holders monitor the entire Level B harassment zone or
extrapolate the observed number of marine mammals to estimate those
potentially unobserved. Take estimation for the initial and renewal
IHAs incorporated the expected occurrence of each species based on the
best available science within the entire modeled Level B harassment
zones (truncated by land interference), thus accounting for the likely
presence of each species. For each species, the number of individuals
TMC observed within the Level B harassment is substantially less than
the number of authorized takes.
Comment 5: The commenter requests that NMFS clarify whether sound
measurements were collected during the work completed under the initial
IHA and, if so, replace proxy source levels used for modeling with
those values collected during acoustic monitoring or, if not, explain
why and require hydroacoustic verification during the remaining 48-inch
pile installations.
Response: NMFS agrees that site-specific hydroacoustic monitoring
data valuably inform analyses of potential acoustic impacts to marine
mammals. However, TMC did not propose and NMFS did not require this
type of monitoring for the initial or renewal IHAs given practicably
concerns (i.e., budget constraints).
Comment 6: The commenter suggested that NMFS require specific
protections for the AT1 stock of transient killer whales and that the
final IHA specify how stock-level take limits will be enforced.
Response: TMC sighted only ten killer whales in total throughout
approximately 200 in-water construction days under the initial IHA.
Acoustic monitoring of stocks in Resurrection Bay predicts that 1.6
percent of all killer whales that occur in the project area are part of
the AT1 transient stock (Yurk et al., 2010). Given the small stock size
(n=7), low likelihood of encounters, and the limited number of
construction days under the renewal IHA (n=12), NMFS does not
anticipate that AT1 transient killer whales would occur in the area
impacted by TMC's construction activities under the renewal IHA.
Comment 7: The commenter suggested that NMFS assess overlapping
Seward construction and other disturbances.
Response: Under the MMPA, NMFS may authorize 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. In this case, the specified activity is limited to the
in-water construction activities TMC described in their initial IHA
application and renewal request.
Determinations
TMC's action requires the completion of a subset of pile driving
activities that were not completed under the initial IHA (i.e.,
installation of eight permanent piles using eight 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 under the renewal IHA. The take estimates for the renewal
IHA are based on the activities proposed to occur during these
remaining days. The renewal IHA 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
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) 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.
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 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
[[Page 66689]]
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 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, Mexico-North
Pacific 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.
Renewal
NMFS has issued a renewal IHA to TMC for authorization to take
marine mammals incidental to the Seward Cruise Ship Passenger Dock and
Terminal Facility project in Seward, Alaska from September 25, 2026,
through September 20, 2027.
Dated: October 16, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-21597 Filed 10-21-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 22, 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.