2026-18189NoticeWallet

Feds OK Whale Harassment for Cruise Ship Dock

Published Date: 9/8/2026

Notice

Summary

NMFS has received a request from Turnagain Marine Construction (TMC) for the renewal of their currently active incidental harassment authorization (IHA) (hereinafter, the "initial IHA") to take marine mammals incidental to Seward Cruise Ship Passenger Dock and Terminal Facility project in Seward, Alaska. TMC 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

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

One‑Year Renewal Authorizes Finish Work

NMFS proposes to renew Turnagain Marine Construction's incidental harassment authorization so TMC can finish remaining work for the Seward Cruise Ship Passenger Dock project from September 20, 2026 through September 1, 2027. The renewal covers completing installation and removal of eight temporary 36‑inch steel piles and installation of eight permanent 48‑inch steel piles over about 12 construction days.

Continued Mitigation, Monitoring, Reporting Duties

If renewed, the IHA requires TMC to keep using NMFS‑approved protected species observers (PSOs), conduct monitoring from 30 minutes before through 30 minutes after pile driving and drilling, use soft starts for impact driving, halt work if marine mammals enter shutdown zones (including stopping if any marine mammal is within 10 meters), and report monitoring results. TMC must submit a draft monitoring report within 90 days after completion (or 60 days before a later IHA request) and a final report within 30 days after NMFS comments.

No Impact on Subsistence Uses Determined

NMFS preliminarily determined that the authorized takes would not have an unmitigable adverse impact on marine mammal subsistence uses because no subsistence uses of marine mammals would be affected by this action. That determination is part of the basis for the proposed renewal.

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Key Dates

Published Date
Effective Date
Comments Due
9/8/2026
9/20/2026
9/23/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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