Otter Oops Allowed: Noise Permits for Alaska Construction Chaos!
Published Date: 3/27/2026
Rule
Summary
The U.S. Fish and Wildlife Service has set new rules to protect northern sea otters in Seward, Sitka, and Kodiak, Alaska, during marine construction and pile driving. These rules allow some accidental, non-harmful disturbance to sea otters caused by noise, lasting for five years starting March 27, 2026. People involved in these activities should note the new guidelines and can comment on information collection by April 27, 2026.
Analyzed Economic Effects
7 provisions identified: 1 benefits, 3 costs, 3 mixed.
Five-Year Incidental Take Rule
The Fish and Wildlife Service finalized rules that allow nonlethal, incidental harassment (``take'') of small numbers of northern sea otters during pile driving and marine construction at Seward, Sitka, and Kodiak, Alaska. The rule is effective March 27, 2026 through March 27, 2031 and applies to specified pile-driving and marine construction activities in those locations.
Letter of Authorization Requirements
To conduct activities under this rule, applicants must obtain a Letter of Authorization (LOA). LOA requests must be received in writing at least 30 days before starting activity and must include an operational plan, a digital geospatial file of the project footprint, and a site-specific marine mammal monitoring and mitigation plan; an after-action report is required within 90 days after the LOA expires.
Mitigation: Monitoring, Shutdowns, Soft-Starts
Projects must use measures to reduce impacts on sea otters, including protected species observers (PSOs), acoustic shutdown zones that encompass Level A harassment areas, soft-start procedures, and adaptive mitigation based on real-time monitoring. These measures must be implemented during pile driving and other in-water activities in Seward, Sitka, and Kodiak.
Plans of Cooperation with Alaska Natives
Applicants must document communication with Alaska Native communities potentially affected by activities and, if concerns about subsistence uses are not resolved, submit a Plan of Cooperation (POC) with their LOA request. The POC must include measures to ensure activities will not have an unmitigable adverse impact on the availability of sea otters for Alaska Native subsistence uses.
Updated Unauthorized-Take Reporting
The Service updated reporting requirements so unauthorized takes of sea otters associated with project activities must be reported with the same timeline and detail as injured, dead, or distressed sea otters not associated with project activities. The Service will accept public comments on information collection and OMB is to decide between 30 and 60 days after publication; comments to OMB should be submitted by April 27, 2026.
Authorized Take Limits by Stock
The rule limits authorized annual takes by harassment to no more than 80 Southcentral Alaska stock sea otters, 189 Southeast Alaska stock sea otters, and 423 Southwest Alaska stock sea otters; these limits are expressed as annual and over the duration of the ITR. The Service found these levels represent a small proportion of each stock and concluded the impacts would be negligible and not have an unmitigable adverse impact on subsistence.
Immediate Effect to Ease Mooring Transition
The Service found good cause to make the rule effective immediately to shorten how long USCG ships must use temporary moorings that do not provide full services; using temporary moorings requires funds that would otherwise be used for permanent construction and increases risk of damage to ships. Immediate effectiveness is intended to facilitate USCG transition to permanent moorings and reduce costs and risk.
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