Notices. Notice; issuance of incidental harassment authorization
1,048 words·~5 min read·
/register/2026/05/15/2026-09776·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3510-22-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648-XF698] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Port of Adak Pier 5 Improvements Project at Adak Island, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of incidental harassment authorization. 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 Aleut Corporation
(TAC)for authorization to take marine mammals incidental to the Port of Adak Pier 5 Improvements Project at Adak Island, Alaska. 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 12, 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: *https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities.* In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Howard Goldstein, Office of Protected Resources, NMFS,
(301)427-8417. 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 the 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 March 12, 2026, a notice of NMFS' proposal to issue an IHA to TAC for take of marine mammals incidental to the Port of Adak Pier 5 Improvements Project at Adak Island, Alaska was published in the **Federal Register** (91 FR 12148). 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 the 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 30-day 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 the IHA qualifies to be categorically excluded from further NEPA review. Endangered Species Act Section 7(a)(2) of the Endangered Species Act (ESA; 16 U.S.C. 1531 *et seq.* ) requires that each Federal agency insure 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, in this case with the Alaska Regional Office. NMFS Office of Protected Resources
(OPR)is authorizing take of Mexico DPS of humpback whale, Western North Pacific DPS of humpback whale, and Western DPS of Steller sea lion which are listed under the ESA. We have determined that the action is likely to adversely affect these species of marine mammals and requested initiation of section 7 consultation with the NMFS Alaska Regional Office for the issuance of this IHA. The resultant Biological Opinion determined that the action was not likely to jeopardize the continued existence of Mexico DPS of humpback whale, Western North Pacific DPS of humpback whale, and Western DPS of Steller sea lion or adversely modify critical habitat. Authorization Accordingly, consistent with the requirements of section 101(a)(5)(D) of the MMPA, NMFS has issued an IHA to TAC for authorization to take marine mammals incidental to the Port of Adak Pier 5 Improvements Project at Adak Island, Alaska. Dated: May 12, 2026. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2026-09776 Filed 5-14-26; 8:45 am]
Connectionstraces to 4
1 reference not yet in our index
- 50 CFR 216.103
Citation graph
cites case law
Notices
Notice; issuance of incidental harassment authorization
Cite50 CFR 216.103
Cites 5Cited by 0 across 0 sources