Biological Opinion National Marine Fisheries Service, Office of Protected Resources, Permits and Conservation Division, Maritime Administration Lutak Dock Replacement Project, Haines, Alaska

This opinion considers the effects of pile driving activities, including
vibratory and impact pile driving and down-the hole (DTH) drilling, the placement of fill material below the high-tide line (HTL), and vessel transit of materials and construction barges through habitat occupied by ESA-listed marine mammals. These actions have the
potential to affect endangered fin whale (Balaenoptera physalus), threatened Mexico distinct population segment (DPS) humpback whale (Megaptera novaeangliae), endangered North Pacific right whale (Eubalaena japonica), endangered sperm whale (Physeter macrocephalus), endangered Western DPS Steller sea lion (Eumetopias jubatus), Steller sea lion critical habitat, and Mexico DPS humpback whale critical habitat. There is no critical habitat for
North Pacific right whales in the action area. Critical habitat is not designated for fin whales or sperm whales.

The proposed action involves construction activities for the replacement of Lutak Dock, on the southern shore of Lutak Inlet, approximately 5.5 km northwest of downtown Haines, Alaska.

This opinion is based on information provided in the Incidental Harassment Authorization (IHA) application, the proposed IHA (88 FR 78330, Nov. 15, 2023), and subsequent revisions prepared and submitted by Solstice Alaska Consulting, Inc. (Solstice) and the Biological Assessment (BA) and subsequent revisions prepared and submitted by Solstice on behalf of MARAD. Other sources of information relied upon include sources of communications (emails
and virtual meetings), recent consultations completed in the same region, previous monitoring reports in the region, scientific literature, and marine mammal surveys in
Southeast Alaska. A complete record of this consultation is on file at NMFS’s Anchorage,
Alaska office.