Federal Register #2026-16329

NOAA Proposed Incidental Take Regulations for Marine Mammals during Washington State Parks Marine Facilities Replacement Program

The National Oceanic and Atmospheric Administration (NOAA), through the National Marine Fisheries Service (NMFS), is proposing incidental take regulations under the Marine Mammal Protection Act (MMPA) for the Washington State Parks and Recreation Commission's Marine Facilities Replacement Program (MFRP) in North Puget Sound, WA. - Government Buyer: - National Marine Fisheries Service (NMFS), Office of Protected Resources, under NOAA, Department of Commerce - Washington State Parks and Recreation Commission is the project proponent - Project Scope: - Five-year Marine Facilities Replacement Program (MFRP) at six marine facilities across four state parks - Activities include demolition and replacement of timber moorage facilities, floating timber docks, and creosote-treated timber dolphins with galvanized steel piles - In-water construction methods: vibratory and impact pile driving, rock-socket drilling, down-the-hole drilling, and pile removal - Services Requested: - Environmental compliance services for mitigation, monitoring, and reporting of incidental take of marine mammals - Protected Species Observers required for monitoring - Unique/Notable Requirements: - Authorization for Level A and Level B harassment takes for 10 marine mammal species (primarily harbor porpoise and harbor seal), with no serious injury or mortality expected - Strict mitigation measures: shutdown zones, soft start procedures, use of bubble curtains - Detailed monitoring and reporting protocols to ensure compliance with MMPA - No specific OEMs or commercial vendors are named, as this is a regulatory action focused on environmental compliance rather than procurement of products.

Description

The National Marine Fisheries Service (NMFS) proposes incidental take regulations under the Marine Mammal Protection Act (MMPA) for marine mammals incidental to the Washington State Parks and Recreation Commission's Marine Facilities Replacement Program (MFRP) in North Puget Sound, Washington. The program involves activities such as demolishing and replacing timber moorage facilities, floating timber docks, and creosote-treated timber dolphins with galvanized steel piles over a 5-year period. The regulations set permissible methods of taking, mitigation measures to minimize adverse impacts, and monitoring and reporting requirements. Public comments are invited until September 10, 2026.

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