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Proposed Incidental Take Regulations Open for Public Comment

In accordance with the MMPA, the Service invites public comment on proposed incidental take regulations before they are finalized and issued. All proposed incidental take authorizations are published in the Federal Register and have an open public comment period of 30 days or more. 

Proposed Incidental Take Regulations for the nonlethal, incidental, unintentional take by harassment of small numbers of northern sea otters in Seward, Sitka, and Kodiak, Alaska are open for public comment until July 23, 2025. These proposed regulations would authorize incidental harassment that may result from in-water noise generated during pile driving and marine construction activities. Once the public comment period closes, we will review all submitted comments prior to making a final determination.

More information is available at: 

Additional Proposed Incidental Take Regulations 

On November 7, 2024, the U.S. Fish and Wildlife Service (FWS) published a proposed rule to revise the incidental take regulations for the incidental harassment of polar bears and Pacific walruses that may result from oil and gas industry activities on the North Slope of Alaska and adjacent waters. The proposed revisions, if finalized, would allow for the incidental take of small numbers of polar bears by both Level A and Level B harassment. This proposed revision is in response to an order by the U.S. Court of Appeals for the Ninth Circuit.  You can see the proposed revisions by visiting  and searching docket number: FWS-R7-ES-2024-0140. Supporting documents are also available on this site. The public comment period on this proposed rule has closed. 

In response to requests from the oil and gas industry, the FWS has issued similar incidental take regulations for industry activities on the North Slope and Southern Beaufort Sea areas since 1993. 

Proposed Revisions to the Southern Beaufort Sea Incidental Take Regulations: Questions and Answers

Active Incidental Take Regulations  

• Gulf of Alaska Incidental Take Regulations for 2022â€�2027. See  (August 15, 2022) 
• Beaufort Sea Incidental Take Regulations for 2021â€�2026. See (August 5, 2021) and  

Summary Table of Incidental Take Regulations Promulgated by the Service