Marine Mammals: Incidental Take of Northern Sea Otters During Marine Construction in Seward, Sitka, and Kodiak, Alaska
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The U.S. Fish and Wildlife Service (USFWS) has finalized incidental take regulations under the Marine Mammal Protection Act of 1972 (MMPA) that allow authorized parties to unintentionally and nonlethally harass small numbers of northern sea otters during marine construction and pile driving operations in three Alaskan coastal cities: Seward, Sitka, and Kodiak. The primary mechanism of incidental take is underwater noise generated by pile driving and in-water construction activities, which may disturb sea otters in the vicinity. The regulation permits this harassment provided it remains nonlethal, incidental, and limited in scope — consistent with MMPA standards for issuing Letters of Authorization (LOAs) to project operators. This final rule is valid for 5 years from its date of issuance, after which operators would need to seek renewed authorization. During this period, construction entities conducting qualifying marine activities in the specified Alaskan locations may apply for LOAs under this regulatory framework. The rule reflects a balance between allowing critical coastal infrastructure development and protecting a marine mammal species that, while recovered in some areas, remains sensitive to human disturbance in Alaskan waters.
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Key Changes
- Finalizes incidental take regulations for northern sea otters under MMPA Section 101(a)(5)(A) covering three specific Alaskan cities: Seward, Sitka, and Kodiak
- Authorizes nonlethal, incidental harassment of 'small numbers' of northern sea otters — harassment is the only permitted form of take; lethal take remains prohibited
- Identifies in-water noise from pile driving and marine construction as the recognized mechanism of incidental take
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Obligations
What this law requires
Obtain a Letter of Authorization (LOA) from USFWS prior to conducting marine construction or pile driving operations in Seward, Sitka, or Kodiak, Alaska
Ensure all incidental take of northern sea otters during authorized marine construction remains nonlethal and limited to harassment only
Limit incidental take authorization to small numbers of northern sea otters, as specified in the issued Letter of Authorization
Implement mitigation measures to minimize underwater noise from pile driving and in-water construction activities that may disturb northern sea otters
Renew incidental take authorization by submitting a new LOA application within 5 years from the rule's issuance date to continue marine construction operations