Feds Permit Accidental Marine Mammal Disturbances for Island Bird Research
Published Date: 4/10/2026
Notice
Summary
Point Blue Conservation Science wants permission to accidentally disturb some marine mammals while studying seabirds on the South Farallon Islands, Año Nuevo Island, and Point Reyes Headlands. The government is asking for public comments before deciding to approve this for one year, with a possible one-time renewal. This helps protect marine mammals while supporting important research, with feedback due by May 11, 2026.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
One-year IHA with possible renewal
NMFS proposes to authorize incidental Level B harassment of five marine mammal species for Point Blue's seabird research under an IHA valid from July 1, 2026, through June 30, 2027. NMFS also proposes a possible one-time, one-year renewal if certain conditions are met.
Halt and revocation risk for prohibited takes
The IHA would prohibit Level A harassment, serious injury, or mortality; if such prohibited take occurs or authorized take limits are exceeded, Point Blue must immediately cease activities and report the incident, and NMFS may modify, suspend, or revoke the IHA. Activities may not resume until NMFS reviews the incident and provides authorization to continue.
Mandatory mitigation, monitoring, and reporting
If the IHA is issued, Point Blue must follow specific mitigation and monitoring rules: train staff before work, avoid direct interaction with marine mammals, maintain safe distances (e.g., typically >50 ft (15.2 m) or >100 ft (30.5 m) in some settings), use observation blinds where possible, and record disturbances. Point Blue must submit a draft annual summary report within 90 days after the end of project activities (or 60 days before any subsequent IHA request) including raw PSO data and detailed sightings and behavior records.
Preliminary NEPA categorical exclusion finding
NMFS preliminarily determined that issuing the proposed IHA fits Categorical Exclusion B4 (IHAs with no anticipated serious injury or mortality) under NOAA Administrative Order 216-6A, meaning the action is preliminarily excluded from further NEPA review. NMFS will review public comments before finalizing this NEPA determination.
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