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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:

• 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).
• The request for renewal must include the following:
• 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
• 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.
• 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: www.fisheries.noaa.gov/​national/​marine-mammal-protection/​incidental-harassment-authorization-renewals. 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, ( printed 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.

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. ( printed 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.

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:

• 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.
• 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.

• If a marine mammal is observed entering or within the shutdown zones pile driving and DTH activity must be delayed or halted.
• 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.
• Soft start techniques must be used when impact pile driving.
• 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.
• 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.
• 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.
• 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).

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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 www.fisheries.noaa.gov/​permit/​incidental-take-authorizations-under-marine-mammal-protection-act. 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.

91 FR 57137