# 2026-00284: Alaska Harbor Build Gets Nod Despite Marine Mammal Disturbances

2026-00284, Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Yakutat Small Boat Harbor Replacement Project in Yakutat, Alaska, is a Federal Register notice from Commerce Department, National Oceanic and Atmospheric Administration published 2026-01-09, effective 2026-01-06 (as of 2026-06-08).

- Canonical: https://policyrisk.com/federal-register/2026-00284
- As of: 2026-06-08
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-00284
- Title: Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Yakutat Small Boat Harbor Replacement Project in Yakutat, Alaska
- Type: Notice
- Agencies: Commerce Department; National Oceanic and Atmospheric Administration
- Citation: 91 FR 972
- Published: 2026-01-09
- Effective: 2026-01-06
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: none
- Last updated: 2026-06-08

## In one line

Alaska Harbor Build Gets Nod Despite Marine Mammal Disturbances

## Summary

The City & Borough of Yakutat got permission to do construction on their Small Boat Harbor in Alaska, which might accidentally bother some marine mammals nearby. This okay lasts for one year starting January 6, 2026, and includes rules to keep the impact on animals as low as possible. The project helps improve the harbor while protecting local wildlife and respecting subsistence needs.

## Abstract

Notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the City & Borough of Yakutat, Alaska (CBY) to incidentally harass marine mammals during construction activities associated with the Yakutat Small Boat Harbor Replacement Project in Yakutat, Alaska.

## Effects PRIA read

- Harbor Replacement Keeps Services Running: benefit, medium. The Yakutat Small Boat Harbor replacement will improve accessibility and public safety and will continue to provide the current level of public service and vessel mooring in Yakutat, Alaska. The project replaces 60-year-old infrastructure to maintain harbor services for local boaters and the commun…
- Construction Limited to ~54 Days Over One Year: cost, medium. In-water pile driving is limited to approximately 54 non-consecutive days over the course of 1 year under the IHA, which is effective no later than January 6, 2026 for one year. That schedule constrains when contractors and local businesses can perform in-water work.
- Mandatory Mitigation Means Work Delays/Costs: cost, medium. The IHA requires mitigation that can slow or stop work: pre-start monitoring for 30 minutes, monitoring through 30 minutes post-completion, use of protected species observers (PSOs), a soft-start protocol for impact driving (three reduced-energy strikes, 30-second wait, then two reduced-energy sets…
- Marine Mammal Take Authorized With Protections: benefit, medium. NMFS authorized incidental take of nine marine mammal species (across 13 managed stocks) by mostly Level B harassment and a subset Level A harassment during the project, and concluded no serious injury or mortality is expected. NMFS also required that the taking not have an unmitigable adverse impa…

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## Sources
- [2026-00284 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/09/2026-00284/takes-of-marine-mammals-incidental-to-specified-activities-taking-marine-mammals-incidental-to)
- [2026-00284 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-09/pdf/2026-00284.pdf)

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Source: PRIA, https://policyrisk.com/federal-register/2026-00284 (as of 2026-06-08).