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 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,” can be found in the MMPA and the NMFS' implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).

On April 14, 2026, a notice of NMFS' proposal to issue an IHA to TMC for take of marine mammals incidental to the Aak'w Landing Development Project in Juneau, Alaska was published in the Federal Register (91 FR 20110). 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 issuance of the IHA. The Federal Register notice included web links to a draft IHA for review, as well as other supporting documents.

No public comments were received during the public comment period. With the exception of the minor changes to the amount of Steller sea lion takes authorized, as described below, 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. Further, 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.

Changes From the Proposed IHA to the Final IHA ( printed page 46776)

In their application, TMC requested a total of 1023 takes of Steller sea lions incidental to the project (576 by Level A harassment and 447 by Level B harassment). As described in the proposed IHA notice, the method for calculating takes was based on the number of days of the project, expected occurrence rates, and the addition of 199 instances of Level B harassment to account for Steller sea lions at the Circle Point haulout (91 FR 20131). NMFS carried forward the request for 447 takes by Level B harassment in the notice of proposed IHA (441 takes of the eastern stock and 6 takes of the western stock). However, during the public comment period, NMFS identified that TMC mistakenly added 119 takes to the number of takes, by Level B harassment, requested (not 199 as described in the application and proposed IHA notice). NMFS subsequently confirmed this error with TMC and has authorized the correct total of 527 takes by Level B harassment of Steller sea lions (519 takes of the eastern stock and 8 takes of the western stock) which accurately follows the method described in the proposed IHA notice. NMFS also considered the amount of take for each Steller sea lion distinct population segment, as identified in the associated biological opinion and incidental take statement, issued on June 23, 2026. The amount of take authorized aligns with the ESA analysis.

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 proposed IHA qualifies for categorical exclusion from further NEPA review.

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 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 IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species.

NMFS authorized take of the Western distinct population segment (DPS) of Steller sea lions and Mexico and Western North Pacific DPSs of humpback whale, which are listed under the ESA. On June 23, 2026, NMFS Alaska Regional Office issued a biological opinion under section 7 of the ESA, on the issuance of an IHA and potential renewal to TMC under section 101(a)(5)(D) of the MMPA by the NMFS Office of Protected Resources. The biological opinion concluded that the action is not likely to jeopardize the continued existence of these species and is not likely to destroy 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 TMC for authorization to take marine mammals incidental to the Aak'w Landing Development Project in Juneau, Alaska.

91 FR 46775