2026-02048Proposed Rule

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Sea Ice Road and Trail Construction, Use, and Maintenance Activities Along the Beaufort Sea Coast in Alaska

Published Date: 2/2/2026

Proposed Rule

Summary

Hilcorp Alaska wants permission to keep building and using sea ice roads and trails along Alaska’s Beaufort Sea coast from 2026 to 2031. This work might accidentally affect marine mammals, so NOAA is proposing rules to protect these animals while allowing the project to continue. They’re asking for public comments by March 4, 2026, before making a final decision.

Analyzed Economic Effects

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

5‑Year Take Authorization for Ringed Seals

NOAA proposes to authorize incidental take of the Arctic stock of ringed seals by Level B harassment and a limited number of serious injury and mortality (M/SI) for a 5-year period (2026–2031) associated with Hilcorp's construction, maintenance, and use of sea ice roads, trails, and pads along the Beaufort Sea coast.

Seasonal Work Window Defined (Dec 1–May 31)

The proposed rule covers ice roads, trails, and pads activities that would occur each year between December 1 and May 31 (up to 181 days per year). This defines the seasonal timing when construction, maintenance, and vehicle operations may take place.

Required 150‑Meter Avoidance of Seal Structures

After March 1, any proposed new or workaround ice trail routes must avoid suspected seal structures by 150 meters. This is a required mitigation measure in the proposed rule to reduce harm to ringed seals.

Mandatory Wildlife Training for Project Staff

The proposed rule requires wildlife training for all project personnel involved in construction, maintenance, or use of the ice roads, trails, and pads.

Annual and Final Monitoring Report Requirements

The proposed rule requires submission of annual and a final marine mammal monitoring report documenting observations and compliance with mitigation measures for the project.

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Key Dates

Published Date
Comments Due
2/2/2026
3/4/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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