Feds OK Dolphin Upsets to Fix Oregon's Bridge Dolphin Structure
Published Date: 9/3/2026
Notice
Summary
NMFS received a request from the Oregon Department of Transportation (ODOT) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to construction activities for the Yaquina Bay Dolphin Replacement Project in Newport, Oregon. ODOT's activities will not be completed prior to the IHA's expiration. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Renewal Lets Construction Continue
NMFS proposes a one-year renewal IHA that would allow ODOT and its contractors to continue the Yaquina Bay dolphin replacement construction from November 1, 2026 through October 31, 2027. The project anticipates about 46 days of in‑water work within an in‑water window of November through February, removing 33 piles and installing 36 new 16‑inch steel piles, with up to 3 piles per day and about 45 minutes per pile.
Watchers, Shutdowns, and Reporting Rules
ODOT and its contractors must employ NMFS‑approved protected species observers (PSOs) and conduct monitoring from 30 minutes before through 30 minutes after pile driving. Activities must be delayed or halted if marine mammals enter shutdown zones (vibratory pile driving must stop if an animal comes within 28 meters (92 feet); other construction stops if an animal comes within 10 meters (32.8 feet)); draft monitoring reports are due within 90 days after pile driving completion and final reports within 30 days after NMFS comments. All injured or dead marine mammals must be reported to specified NMFS contacts.
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