2026-00284Notice

Alaska Harbor Build Gets Nod Despite Marine Mammal Disturbances

Published Date: 1/9/2026

Notice

Summary

The City & Borough of Yakutat got permission to do construction on their Small Boat Harbor in Alaska, which might accidentally bother some marine mammals nearby. This okay lasts for one year starting January 6, 2026, and includes rules to keep the impact on animals as low as possible. The project helps improve the harbor while protecting local wildlife and respecting subsistence needs.

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Harbor Replacement Keeps Services Running

The Yakutat Small Boat Harbor replacement will improve accessibility and public safety and will continue to provide the current level of public service and vessel mooring in Yakutat, Alaska. The project replaces 60-year-old infrastructure to maintain harbor services for local boaters and the community.

Construction Limited to ~54 Days Over One Year

In-water pile driving is limited to approximately 54 non-consecutive days over the course of 1 year under the IHA, which is effective no later than January 6, 2026 for one year. That schedule constrains when contractors and local businesses can perform in-water work.

Mandatory Mitigation Means Work Delays/Costs

The IHA requires mitigation that can slow or stop work: pre-start monitoring for 30 minutes, monitoring through 30 minutes post-completion, use of protected species observers (PSOs), a soft-start protocol for impact driving (three reduced-energy strikes, 30-second wait, then two reduced-energy sets), 10 m shutdown for non-pile activities, and a 15-minute no-restart period after sightings. Work must stop if marine mammals enter shutdown zones.

Marine Mammal Take Authorized With Protections

NMFS authorized incidental take of nine marine mammal species (across 13 managed stocks) by mostly Level B harassment and a subset Level A harassment during the project, and concluded no serious injury or mortality is expected. NMFS also required that the taking not have an unmitigable adverse impact on the availability of these species for subsistence uses.

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Key Dates

Effective Date
Published Date
1/6/2026
1/9/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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