Feds Greenlight 'Harassing' Whales for Washington Pier Maintenance Work
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.
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