Marine Mammals; Incidental Take of Northern Sea Otters During Specified Activities; Seward, Sitka, and Kodiak, Alaska

We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from the U.S. Coast Guard, propose to issue regulations for the nonlethal, incidental, unintentional take by harassment of small numbers of Southcentral Alaska, Southeast Alaska, and Southwest Alaska stocks of northern sea otters (Enhydra lutris kenyoni) during pile driving and marine construction activities in Seward, Sitka, and Kodiak, Alaska. Incidental take of northern sea otters may result from in-water noise generated during pile driving and marine construction activities occurring for a period up to 5 years. This proposed rule would authorize take by harassment only, and no lethal take would be authorized. If this rule is finalized, we will issue letters of authorization for the incidental take of northern sea otters, upon request, for specific activities in accordance with the final rule for a period up to 5 years. We request comments on these proposed regulations.