OK to Harass Whales for Washington Park Dock Upgrades?
Published Date: 8/11/2026
Proposed Rule
Summary
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS has received a request from the Washington State Parks and Recreation Commission (State Parks) for authorization to take marine mammals incidental to the Marine Facilities Replacement Program (MFRP) in North Puget Sound in Western Washington (WA) over the course of 5 years from the date of effectiveness. NMFS is proposing incidental take regulations setting forth permissible methods of taking, other means of effecting the least practicable adverse impact on such marine mammal stocks (i.e., mitigation measures), and requirements pertaining to monitoring and reporting such takes, and requests comments on the proposed regulations. NMFS will consider public comments before making any final decision on promulgating the requested MMPA regulations.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Required Construction Mitigation
If you are a contractor working on these projects in North Puget Sound, you must implement mitigation measures including mandatory monitoring to detect marine mammals before work begins, establishment of shutdown zones, use of bubble curtains for impact pile driving, and a "soft start" for impact pile driving. You must also produce monitoring reports summarizing species and behavioral observations, any construction shutdowns or delays, and construction work completed.
Timing and Work-hour Limits
Construction in-water work is restricted to specific annual windows at each site (e.g., Reid Harbor and Bowman Bay between September 1, 2026 and February 15, 2027) and pile driving/removal may occur only during daylight hours up to 14 hours per day. Across all six projects the rule estimates up to 160 in-water construction days over 5 years, and up to 69 pile driving/removal days in total.
Five-year Take Authorization
NMFS is proposing 5-year incidental-take regulations for Washington State Parks' Marine Facilities Replacement Program that would be valid from 2026 to 2031 and would authorize Level A and Level B harassment (but not serious injury or mortality) for 10 marine mammal species in North Puget Sound.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-14204, Lake Ontario National Marine Sanctuary; Delay of Effective Date
NOAA is giving everyone more time before the rule that bans grappling or anchoring on Lake Ontario shipwrecks kicks in. Instead of starting in July 2026, this rule is now delayed until September 2028 to let NOAA set up mooring buoys and work with divers and boaters. This means boaters and commercial vessels can keep anchoring safely while NOAA gets everything ready without rushing.
2026-14195, Rescinding the Definition of “Harm” Under the Endangered Species Act
The U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration are wiping away the official definition of “harm” under the Endangered Species Act starting September 14, 2026. This change affects anyone involved in protecting endangered plants and animals by shifting how “harm” is understood and enforced. It’s a big move that could change how projects and protections are handled, but no new costs or deadlines are added right now.
2026-07536, Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys in the Gulf of America
Starting April 20, 2026, NOAA is setting new rules for companies doing geophysical surveys in the Gulf of America to protect marine mammals. These rules let companies get permission to accidentally disturb marine mammals but require them to minimize harm and report what they find. This plan lasts five years and helps balance ocean research with saving sea life.
2026-05599, Deep Seabed Mining: Notice of Receipt of Applications for Deep Seabed Mining Exploration Licenses and Announcement of Public Comment Period and Virtual Public Hearings
NOAA got two applications from companies wanting to explore mining deep under the ocean floor. They’re holding virtual public meetings in April and want your thoughts by May 22, 2026. This affects anyone interested in ocean mining and how we protect our seas while exploring new resources.
2026-04256, Atlantic Highly Migratory Species; Spatial Fisheries Management; Amendment 15 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
Starting April 3, 2026, new rules change shark fishing zones and times in the Atlantic to better protect sharks and manage fishing risks. Fishermen using bottom and pelagic longline gear will see updated area boundaries and must pay for electronic monitoring if fishing in certain safer zones. These changes help keep shark populations healthy while supporting responsible fishing.
2026-19681, Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category September Fishery for 2026
Starting September 24, 2026, the Atlantic bluefin tuna fishery for General category fishermen will close for the rest of September. Fishermen can’t keep big tuna during this time but can tag and release fish of any size. The fishery reopens October 1, and normal fishing rules return, helping protect tuna while keeping the fun going for anglers.
Previous / Next Documents
Previous: 2026-16317, Television Broadcasting Services St. George, Utah
This document proposes to amend the Table of TV Allotments (Table) of the Federal Communications Commission's (Commission) rules in response to a petition for rulemaking filed by KUTV Licensee, LLC (Licensee), the Licensee of full service television station KMYU(TV) (KMYU or Station), St. George, Utah (St. George). The Licensee applied for a construction permit (CP) to construct a facility on UHF channel 21 at St. George, which remains pending, and now requests that the Bureau substitute VHF channel 9 for UHF channel 21 in the Table with technical parameters set forth in KMYU's current license. The Media Bureau previously granted a petition for rulemaking submitted by the Licensee to substitute UHF channel 21 for VHF channel 9 at St. George. The Licensee later filed an application for a CP for its new channel, however, under further consideration and restraints, wishes to abandon its plans to modify its license for KMYU to operate on channel 21, and proposes to continue to operate on VHF channel 9 and specify the technical parameters of its currently licensed VHF channel 9 facility. The substitution of VHF channel 9 for UHF channel 21 in the Table will allow the Station to remain on the air and continue to provide service to viewers within its service area. Given that the Licensee proposes to utilize its currently licensed parameters, we believe VHF channel 9 can be substituted for UHF channel 21 at St. George as proposed, in compliance with the principal community coverage requirements of Sec. 73.618(a) of the Commission's rules.
Next: 2026-16330, Air Plan Approval; New Hampshire; Repeal of Motor Vehicle Inspection and Maintenance Program
The U.S. Environmental Protection Agency (EPA) is proposing to conditionally approve a State Implementation Plan (SIP) revision submitted by the State of New Hampshire on December 24, 2025, through the New Hampshire Department of Environmental Services (NHDES). The proposed revision would remove the Statewide motor vehicle inspection and maintenance (I/M) program as an active measure, which was previously approved into the SIP to address emissions from on-road sources. In accordance with plan revision requirements of the Clean Air Act (CAA), the SIP submittal contains a demonstration that the removal of the I/M program will not interfere with New Hampshire's compliance with any National Ambient Air Quality Standard (NAAQS) or with any applicable requirement of the CAA. In a letter to the EPA, NHDES committed to submitting an additional SIP revision within one year of a final conditional approval to address maintenance plan requirements.