2026-03375Rule

Oil Firm Allowed to Disturb Alaska Sea Mammals for Five Years

Published Date: 2/20/2026

Rule

Summary

Hilcorp Alaska got the green light to do oil and gas work in Cook Inlet from 2026 to 2031, even if it means accidentally disturbing some marine mammals. The new rules make sure they minimize harm, keep an eye on the animals, and report what they find. This plan balances energy work with protecting Alaska’s sea creatures over the next five years.

Analyzed Economic Effects

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

Five-year OK for Hilcorp’s Cook Inlet Work

Hilcorp Alaska is authorized to conduct oil and gas activities in Cook Inlet, Alaska, from February 20, 2026 through February 19, 2031 and to incidentally harass marine mammals. The rule allows Level B harassment for 12 marine mammal species (15 stocks) and Level A harassment for a subset of 9 species, and authorizes specific numbers of takes (e.g., beluga takes were adjusted to 147 across the 5-year period); no mortality or serious injury is authorized.

Seasonal Work Timing Limits to Protect Belugas

Vessels operating for the project must stay 2.4 km (1.5 miles) away from the Susitna Delta mean lower low water line between April 15 and November 15, and pile driving is restricted to November 15 through April 15 to reduce impacts when Cook Inlet beluga whales are more likely to forage. These date- and distance-based limits directly restrict when and where Hilcorp can do certain work during the 2026–2031 authorization period.

Observers, Soft Starts, and Shutdown Rules

The rule requires NMFS-approved protected species observers (PSOs) on project vessels, a soft start for impact pile driving, and delay or shutdown of certain activities if a marine mammal is detected inside clearance or shutdown zones. These measures can cause operational pauses and require qualified observers on site during specified activities.

Subsistence Availability and No Mortality Allowed

NMFS determined the authorized incidental take will have a negligible impact on marine mammal populations and will not have an unmitigable adverse impact on the availability of species for subsistence uses. The rule also explicitly states no serious injury or mortality of any marine mammal is authorized during the 2026–2031 period.

Monitoring Reports Required After Work

Hilcorp must submit monitoring reports that summarize marine mammal species and behavioral observations, construction shutdowns or delays, and construction work completed. These reporting requirements apply during the rule’s effective period (February 20, 2026–February 19, 2031) and require recordkeeping and periodic report submission to NMFS.

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Key Dates

Published Date
Rule Effective
2/20/2026
2/20/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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