NOAA OKs Killing Marine Mammals to Restore Duckabush Estuary—For 5 Years
Published Date: 8/26/2026
Rule
Summary
NMFS, upon request from the U.S. Army Corps of Engineers (USACE) issues this final rule pursuant to the Marine Mammal Protection Act (MMPA), to govern the taking of marine mammals incidental to the Duckabush Estuary Restoration Project (DERP) in Hood Canal, Washington over 5 years (2027-2032). This final rule, which allows for the issuance of a 5-year letter of authorization (LOA) allowing for the incidental take of marine mammals during the described activities and timeframes, prescribes the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and establishes requirements pertaining to the monitoring and reporting of such taking.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
Work buffers and shutdown rules
If you do construction work for the Duckabush Estuary Restoration Project in Hood Canal, WA, you must stop or not start heavy-equipment work if a marine mammal comes within 10 meters (20 meters for pups under 1 week). During pupping season (August 1 through October 31) you may not initiate construction within 300 meters of a hauled-out mother-pup pair or within 100 meters of a mother-pup pair in the water; you must also perform 30-minute pre- and post-activity monitoring and ramp up activities gradually each day.
PSO, monitoring, and reporting duties
The rule requires NMFS-approved protected species observers (PSOs) each day construction occurs, with a 300-meter observation zone, specific PSO qualifications and independence, a Marine Mammal Monitoring Plan submitted at least 90 days before construction, and annual draft monitoring reports due within 90 days of each construction year plus a 5-year summary within 90 days after the LOA ends (final reports due within 30 days after NMFS comments).
Five-year LOA and authorized takes
NMFS issued a final rule authorizing a 5-year Letter of Authorization allowing incidental taking by Level B harassment for the Duckabush Estuary Restoration Project, effective July 9, 2027 through July 8, 2032. In the year with the highest authorized take, NMFS authorized up to 480 Level B harassment takes (which NMFS reports as 14.3 percent of the Washington Inland Hood Canal harbor seal stock with abundance 3,363).
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