Feds Authorize Harassing Sea Mammals for Pier Repairs
Published Date: 8/17/2026
Notice
Summary
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to Petrogas Pacific, LLC (Petrogas) to harass marine mammals incidental to Ferndale Pier Maintenance Activities in Ferndale, Washington.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Renewal IHA issued to Petrogas
NMFS issued a renewal Incidental Harassment Authorization (IHA) to Petrogas Pacific, LLC that is valid from August 13, 2026, through July 31, 2027. The renewal allows Petrogas to continue in-water Ferndale Pier maintenance activities that were covered by the initial IHA.
Mandatory monitoring and shutdown rules
The renewal IHA requires Petrogas to employ Protected Species Observers (PSOs) and monitor 30 minutes before pile driving starts through 30 minutes after it ends. If marine mammals enter the shutdown zones (10 meters for listed groups), pile driving must be delayed or halted, and specific rules apply for Southern Resident killer whales and humpback whales including contacting the ORCA network before each workday.
Project activity and schedule changes allowed
The renewal authorizes removal of 8 temporary 30-inch steel piles plus 69 existing 16-inch timber piles, with in-water work anticipated to require 5 days. The renewal notes vibratory removal per day of 30-inch piles is 40 minutes per day (up from 30) and vibratory removal of 16-inch timber piles remains 40 minutes per day, with the overall estimated in-water days reduced from 17 to 5.
Removal of some mitigation requirements
The renewal removes mitigation requirements for use of bubble curtains and for a soft-start procedure because no impact pile driving is planned under this IHA. Other mitigation and monitoring measures remain in place as in the initial IHA.
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.
2026-05599, 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.
2026-16756, Notice of Intent To Prepare an Environmental Analysis Assessing Potential Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast
NMFS intends to prepare an environmental analysis in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts of alternatives to amend the Atlantic Large Whale Take Reduction Plan (Plan) if determined to be necessary to reduce mortalities and serious injuries of North Atlantic right whales (Eubalaena glacialis) and other large whales caused by entanglement in commercial trap/pot and gillnet fisheries along the U.S. East Coast. This notice of intent informs the public of an upcoming scoping period to solicit input on potential efforts to reduce the risk of entanglement to right, humpback (Megaptera novaeangliae), and fin whales (Balaenoptera physalus) in U.S. East Coast commercial trap/pot and gillnet fishing gear while stabilizing the economic viability of the U.S. commercial fishing industry, protecting coastal community heritage, and minimizing regulatory burdens to meet statutory requirements under the Marine Mammal Protection Act (MMPA) and other laws as well as administration priorities. A complete list of fisheries regulated by the Plan is included below. This Notice of Intent (NOI) initiates the scoping process, an early and open step designed to determine the scope of issues to be addressed in depth within the environmental analysis. This document is not a notice of proposed rulemaking.
2026-16591, Atlantic Highly Migratory Species; Revisions to Fishing Gear Regulations
NOAA is updating fishing gear rules for Atlantic highly migratory species to make fishing easier and more flexible. These changes affect fishermen using buoy gear and spearguns by allowing more species to be caught and expanding permit options. Comments are open until October 13, 2026, so fishers and fans have time to weigh in before the new rules swim into action.
Previous / Next Documents
Previous: 2026-16756, Notice of Intent To Prepare an Environmental Analysis Assessing Potential Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast
NMFS intends to prepare an environmental analysis in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts of alternatives to amend the Atlantic Large Whale Take Reduction Plan (Plan) if determined to be necessary to reduce mortalities and serious injuries of North Atlantic right whales (Eubalaena glacialis) and other large whales caused by entanglement in commercial trap/pot and gillnet fisheries along the U.S. East Coast. This notice of intent informs the public of an upcoming scoping period to solicit input on potential efforts to reduce the risk of entanglement to right, humpback (Megaptera novaeangliae), and fin whales (Balaenoptera physalus) in U.S. East Coast commercial trap/pot and gillnet fishing gear while stabilizing the economic viability of the U.S. commercial fishing industry, protecting coastal community heritage, and minimizing regulatory burdens to meet statutory requirements under the Marine Mammal Protection Act (MMPA) and other laws as well as administration priorities. A complete list of fisheries regulated by the Plan is included below. This Notice of Intent (NOI) initiates the scoping process, an early and open step designed to determine the scope of issues to be addressed in depth within the environmental analysis. This document is not a notice of proposed rulemaking.
Next: 2026-16759, Delegation of Authority to the Assistant Secretary of Economic, Energy, and Business Affairs To Review and Deny Requests for Reconsideration of Sanctions Designations