Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the PetroMarine Services Juneau Rock Dump Terminal Reconstruction Project in Juneau, Alaska

Issuing agencies

Abstract

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to PetroMarine Services (PM) to incidentally harass marine mammals incidental to Juneau International Airport (JNU) Rock Dump Fuel Terminal Reconstruction Project in Juneau, Alaska (AK).

Full Text

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<title>Federal Register, Volume 91 Issue 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Notices]
[Pages 68113-68114]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22046]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XF849]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the PetroMarine Services Juneau 
Rock Dump Terminal Reconstruction Project in Juneau, Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of an 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 an incidental harassment authorization (IHA) to 
PetroMarine Services (PM) to incidentally harass marine mammals 
incidental to Juneau International Airport (JNU) Rock Dump Fuel 
Terminal Reconstruction Project in Juneau, Alaska (AK).

DATES: This IHA is effective from October 26, 2026, through October 25, 
2027.

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/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:

MMPA Background and Determinations

    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 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,'' are found in the MMPA and 
NMFS' implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).
    On September 10, 2026, NMFS' proposal to issue an IHA to PM for 
take of marine mammals incidental to the JNU Rock Dump Fuel Terminal 
Reconstruction Project in Juneau, AK, was published in the Federal 
Register (91 FR 57550). In that notice, NMFS provided estimates of the 
numbers, types, 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 an 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 links to a draft IHA 
for review, as well as other supporting documents.
    No substantive 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 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 has determined that the 
issuance of this IHA qualifies to be categorically excluded from 
further NEPA review.

Endangered Species Act

    Section 7(a)(2) of the ESA of 1973 (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 incidental take 
authorizations, NMFS

[[Page 68114]]

consults internally whenever we propose to authorize take for ESA-
listed species, in this case with the NMFS Alaska Regional Office 
(AKRO).
    There is one marine mammal species, the Western DPS Steller sea 
lion, with confirmed occurrence in the project area that is listed 
under the ESA. The NMFS AKRO issued a Biological Opinion on October 22, 
2026, under section 7 of the ESA, on the issuance of an IHA 
modification to PM under section 101(a)(5)(D) of the MMPA by the NMFS 
Permits and Conservation Division. The Biological Opinion concluded 
that the proposed action is not likely to jeopardize the continued 
existence of the Western DPS stock of Steller sea lion.

Authorization

    Accordingly, consistent with the requirements of section 
101(a)(5)(D) of the MMPA, NMFS has issued an IHA to PM for 
authorization to take marine mammals incidental to the JNU Rock Dump 
Fuel Terminal Reconstruction Project in Juneau, AK.

    Dated: October 27, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2026-22046 Filed 10-28-26; 8:45 am]
BILLING CODE 3510-22-P


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