Marine Mammals; Incidental Take of Polar Bears and Pacific Walruses in the Beaufort Sea and North Slope of Alaska

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This regulatory action finalizes a five-year framework under the Marine Mammal Protection Act (MMPA) of 1972, specifically Section 101(a)(5)(A), which allows the federal government to authorize incidental, unintentional take of marine mammals by industrial operators when certain conditions are met. The rule was initiated by a formal request from the Alaska Oil and Gas Association and replaces a prior set of regulations that were effective from August 6, 2021, through August 5, 2026, ensuring continuity for ongoing industry operations in the region. The term 'take' under the MMPA includes harassment, disturbance, capture, or harm of marine mammals. The rule does not authorize intentional killing or capture of polar bears or Pacific walruses. Instead, it creates a legal pathway for companies to receive letters of authorization (LOAs) for specific projects, provided they demonstrate that their activities will have a negligible impact on the species and will not have an undue impact on their availability for subsistence hunting by Alaska Native communities. Polar bears and Pacific walruses are both species of conservation concern in the Arctic. Polar bears are listed as threatened under the Endangered Species Act, and Pacific walruses have been a candidate species for listing in the past. Environmental groups have raised concerns that oil and gas activity in the Beaufort Sea, combined with habitat loss from climate change, could increase pressure on these populations. Industry and state officials argue that strict mitigation requirements and monitoring programs adequately protect the animals while supporting economic development and energy production. The rule applies to a broad range of oil and gas activities including seismic surveys, drilling, pipeline construction, and transportation on both state waters and the Outer Continental Shelf off Alaska's northern coast. Companies seeking authorization must submit detailed plans and comply with mitigation measures such as seasonal activity restrictions, monitoring requirements, and reporting obligations. The Fish and Wildlife Service retains authority to modify or revoke letters of authorization if conditions change or new scientific information warrants it. This action reflects a recurring tension in federal policy between energy development interests and wildlife conservation in the Arctic, a region experiencing some of the fastest environmental change in the world. Supporters say the rule provides regulatory certainty for responsible development, while critics argue that any industrial expansion in polar bear and walrus habitat poses unacceptable risks given ongoing population pressures.

AS PUBLISHED

We, the U.S. Fish and Wildlife Service (FWS), in response to a request under the Marine Mammal Protection Act (MMPA) of 1972 from the Alaska Oil and Gas Association (AOGA), finalize regulations facilitating the authorization of incidental, unintentional take of small numbers of polar bears (Ursus maritimus) and Pacific walruses (Odobenus rosmarus divergens) during year-round oil and gas industry activities in the Beaufort Sea (Alaska and the Outer Continental Shelf (OCS)) and adjacent northern coast of Alaska. Take may result from oil and gas exploration, development, production, and transportation activities occurring for a period of 5 years. Oil and gas industry operations include similar types of activities covered by the previous 5-year Beaufort Sea incidental take regulations effective from August 6, 2021, through August 5, 2026. We will issue letters of authorization, upon request, for specific activities in accordance with these regulations.

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