Special Rule for the Southwest Alaska Distinct Population Segment of the Northern Sea Otter: Proposed rule.

We, the Fish and Wildlife Service (Service), propose to amend the regulations at 50 CFR part 17, which implement the Endangered Species Act (Act), as amended (16 U.S.C. 1531 et seq.), to create a special rule for the southwest Alaska distinct population segment (DPS) of the northern sea otter (Enhydra lutris kenyoni). This DPS of the northern sea otter is listed as threatened under the Act. The special rule would allow for the limited, noncommercial import and export of items that qualify as authentic native articles of handicrafts and clothing that were derived from sea otters legally taken for subsistence purposes by Alaska Natives from the listed population. This special rule would also allow for cultural exchange by Alaska Natives and activities conducted by persons registered as an agent or tannery under existing law. We also propose to amend our definition of ``Authentic native articles of handicrafts and clothing'' which currently stipulates, among other things, that such items were commonly produced on or before December 28, 1973. We propose to strike the requirement with respect to December 28, 1973. We believe that such a definition change is appropriate in light of a court ruling on the Service's definition of ``Authentic native articles of handicrafts and clothing'' and consistent with our proposed rule regarding the definition of ``Authentic native articles of handicrafts and clothing'' published on June 4, 2004.