Marine Mammals; Incidental Take During Specified Activities, 30670-30700 [E7-10509]
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Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed Rules
Fish and Wildlife Service
50 CFR Part 18
RIN 1018–AU41
Marine Mammals; Incidental Take
During Specified Activities
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; notice of
proposed incidental harassment
authorization; request for comments.
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AGENCY:
SUMMARY: The Fish and Wildlife Service
(Service) proposes regulations that
would authorize the nonlethal,
incidental, unintentional take of small
numbers of Pacific walruses (walruses)
and polar bears during year-round oil
and gas industry (Industry) exploration
activities in the Chukchi Sea and
adjacent western coast of Alaska. We are
proposing that this rule be effective for
5 years from date of issuance. We
propose a finding that the total expected
takings of walruses and polar bears
during oil and gas industry exploration
activities will have a negligible impact
on these species and will not have an
unmitigable adverse impact on the
availability of these species for
subsistence use by Alaska Natives. The
regulations that we propose to issue
include permissible methods of
nonlethal taking, measures to ensure the
least practicable adverse impact on the
species and the availability of these
species for subsistence uses, and
requirements for monitoring and
reporting. If the proposed regulations
are issued, we can issue Letters of
Authorization to conduct activities
under the provisions of these
regulations when requested by citizens
of the United States. We are seeking
public comments on this proposed rule.
In addition, the Service proposes to
issue authorizations to take small
numbers of marine mammals by
harassment incidental to conducting
exploration activities during the 2007
open-water season for oil and gas
operators (Incidental Harassment
Authorization). These activities will be
carried out from approximately July 1
through November 30, 2007. The
authorizations we propose to issue will
also include permissible methods of
nonlethal taking, measures to ensure the
least practicable adverse impact on the
species and the availability of these
species for subsistence uses, and
requirements for monitoring and
reporting. We are seeking public
comments on this proposal.
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Comments on this proposed rule,
the proposed issuance of incidental
harassment authorization, and the draft
Environmental Assessment, must be
received by July 2, 2007. Comments on
the information collection requirements
must be submitted on or before July 31,
2007.
ADDRESSES: You may submit comments
by any of the following methods for the
proposed rule, identified by RIN 1018–
AU41, or for the incidental harassment
authorization:
• Mail: Craig Perham, Office of
Marine Mammals Management, U.S.
Fish and Wildlife Service, 1011 East
Tudor Road, Anchorage, AK 99503.
• Fax: 907–786–3816.
• Hand Delivery/Courier: Office of
Marine Mammals Management, U.S.
Fish and Wildlife Service, 1011 East
Tudor Road, Anchorage, Alaska 99503.
• E-mail:
R7_MMM_Comment@fws.gov. Please
submit Internet comments as an ASCII
file avoiding the use of special
characters and any form of encryption.
Please also include ‘‘Attn: RIN 1018–
AU41’’ in the subject line and your
name and return address in your
Internet message. If you do not receive
a confirmation from the system that we
have received your Internet message,
contact us directly at U.S. Fish and
Wildlife Service, Office of Marine
Mammals Management, 907–786–3810
or 1–800–362–5148.
Comments on the proposed rule,
identified by RIN 1018–AU41, may also
be submitted by the following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Please indicate to which action, RIN
1018–AU41 or incidental harassment
authorization, your comments apply.
FOR FURTHER INFORMATION CONTACT:
Craig Perham, Office of Marine
Mammals Management, U.S. Fish and
Wildlife Service, 1011 East Tudor Road,
Anchorage, AK 99503, telephone 907–
786–3810 or 1–800–362–5148, or e-mail
R7_MMM_Comment@fws.gov.
SUPPLEMENTARY INFORMATION:
DATES:
DEPARTMENT OF THE INTERIOR
Background
Section 101(a)(5)(A) of the Marine
Mammal Protection Act (MMPA) (16
U.S.C. 1371(a)(5)(A)) gives the Secretary
of the Interior (Secretary) through the
Director of the Service (we) the
authority to allow the incidental, but
not intentional, taking of small numbers
of marine mammals, in response to
requests by U.S. citizens (you) [as
defined in 50 CFR 18.27(c)] engaged in
a specified activity (other than
commercial fishing) in a specified
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geographic region. According to the
MMPA, we shall allow this incidental
taking if (1) we make a finding that the
total of such taking for the 5-year
regulatory period will have no more
than a negligible impact on these
species and will not have an
unmitigable adverse impact on the
availability of these species for taking
for subsistence use by Alaska Natives,
and (2) we issue regulations that set
forth (i) permissible methods of taking,
(ii) means of effecting the least
practicable adverse impact on the
species and their habitat and on the
availability of the species for
subsistence uses, and (iii) requirements
for monitoring and reporting. If
regulations allowing such incidental
taking are issued, we can issue Letters
of Authorization (LOA) to conduct
activities under the provisions of these
regulations when requested by citizens
of the United States.
The term ‘‘take,’’ as defined by the
MMPA, means to harass, hunt, capture,
or kill, or attempt to harass, hunt,
capture, or kill any marine mammal.
Harassment, as defined by the MMPA,
for activities other than military
readiness activities or scientific research
conducted by or on behalf of the federal
government, means ‘‘any act of pursuit,
torment, or annoyance which (i) has the
potential to injure a marine mammal or
marine mammal stock in the wild’’ (the
MMPA calls this Level A harassment)
‘‘or (ii) has the potential to disturb a
marine mammal or marine mammal
stock in the wild by causing disruption
of behavioral patterns, including, but
not limited to, migration, breathing,
nursing, breeding, feeding, or
sheltering’’ (the MMPA calls this Level
B harassment).
The terms ‘‘small numbers,’’
‘‘negligible impact,’’ and ‘‘unmitigable
adverse impact’’ are defined in 50 CFR
18.27 (i.e., regulations governing small
takes of marine mammals incidental to
specified activities) as follows. ‘‘Small
numbers’’ is defined as ‘‘a portion of a
marine mammal species or stock whose
taking would have a negligible impact
on that species or stock.’’ ‘‘Negligible
impact’’ is ‘‘an impact resulting from the
specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
‘‘Unmitigable adverse impact’’ means
‘‘an impact resulting from the specified
activity: (1) That is likely to reduce the
availability of the species to a level
insufficient for a harvest to meet
subsistence needs by (i) causing the
marine mammals to abandon or avoid
hunting areas, (ii) directly displacing
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subsistence users, or (iii) placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) that cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.’’
Industry conducts activities such as
oil and gas exploration in marine
mammal habitat that could result in the
taking of marine mammals. Although
Industry is under no legal requirement
to obtain incidental take authorization,
since 1991, Industry has requested, and
we have issued regulations for,
incidental take authorization for
conducting activities in areas of walrus
and polar bear habitat. Incidental take
regulations for walruses and polar bears
in the Chukchi Sea were issued
previously for the period 1991–1996 (56
FR 27443; June 14, 1991). In the
Beaufort Sea, incidental take regulations
have been issued previously from 1993
to present: November 16, 1993 (58 FR
60402); August 17, 1995 (60 FR 42805);
January 28, 1999 (64 FR 4328); February
3, 2000 (65 FR 5275); March 30, 2000
(65 FR 16828); November 28, 2003 (68
FR 66744); and August 2, 2006 (71 FR
43926).
Summary of Current Request
On August 5, 2005, the Alaska Oil and
Gas Association (AOGA), on behalf of
its members, (Agrium Kenai Nitrogen
Operations, Alyeska Pipeline Service
Company, Anadarko Petroleum
Corporation, BP Exploration (Alaska)
Inc., Chevron, Eni Petroleum,
ExxonMobil Production Company, Flint
Hills Resources, Alaska, Forest Oil
Corporation, Marathon Oil Company,
Petro-Canada (Alaska) Inc., Petro Star
Inc., Pioneer Natural Resources Alaska,
Inc., Shell Exploration & Production
Company, Tesoro Alaska Company, and
XTO Energy, Inc.) requested that the
Service promulgate regulations to allow
the nonlethal, incidental take of small
numbers of walruses and polar bears in
the Chukchi Sea for a period of 5 years.
The Service requested additional
information from AOGA regarding the
nature, scope, and location of proposed
activities for its analysis of potential
impacts on walruses, polar bears, and
subsistence harvests of these resources.
On November 22, 2006, Shell Offshore
Inc. (SOI) provided an addendum to the
AOGA petition describing SOI’s
projected activities for 2007–2012.
On January 2, 2007, AOGA, on behalf
of its members, also provided an
addendum to its original petition
referencing a Draft Environmental
Impact Statement prepared by the MMS
for the Chukchi Sea Planning Area: Oil
and Gas Lease Sale 193 and Seismic
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Surveying Activities in the Chukchi Sea
(Chukchi Sea DEIS). The Chukchi Sea
DEIS includes estimates of all
reasonably foreseeable oil and gas
activities associated with proposed
Outer Continental Shelf (OCS) lease
sales in the Chukchi Sea Planning Area.
The AOGA petition requested that the
Service consider activities described in
the Chukchi Sea DEIS for the period
2007–2012. On January 2, 2007,
ConocoPhillips Alaska, Inc. (CPAI), also
provided an addendum to the original
AOGA petition describing CPAI’s
projected activities from 2007–2012.
The petition and addendums are
available at: (Alaska.fws.gov/fisheries/
mmm/itr.htm). The Chukchi Sea DEIS,
referenced in the AOGA petition, is
available at: https://www.mms.gov/
alaska (OCS EIS/EA MMS 2006–060).
The combined requests are for
regulations to allow the incidental,
nonlethal take of small numbers of
walruses and polar bears in association
with oil and gas activities in the
Chukchi Sea and adjacent coastline
projected out to the year 2012. The
information provided by the petitioners
indicates that projected oil and gas
activities over this timeframe will be
limited to offshore and onshore
exploration activities. Development and
production activities were not
considered in the requests. The
petitioners have also specifically
requested that these regulations be
issued for nonlethal take. Industry has
indicated that, through implementation
of the mitigation measures, it is
confident a lethal take will not occur.
Prior to issuing regulations at 50 CFR
part 18, subpart I in response to this
request, we must evaluate the level of
industrial activities, their associated
potential impacts to walruses and polar
bears, and their effects on the
availability of these species for
subsistence use. All projected
exploration activities described by SOI,
CPAI, and AOGA (on behalf of its
members) in their petitions, as well as
projections of reasonably foreseeable
activities for the period 2007–2012
described in the Chukchi Sea DEIS were
considered in our analysis. The
activities and geographic region
specified in the requests, and
considered in these regulations are
described in the ensuing sections titled
‘‘Description of Geographic Region’’ and
‘‘Description of Activities.’’
This proposed rule also serves as the
proposed incidental harassment
authorization (IHA) under section
101(a)(5)(D) of the MMPA. If this
proposed rule is finalized, incidental
take of small numbers of polar bears and
walrus resulting from oil and gas
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exploration activities in the Chukchi
Sea will be authorized under LOAs
issued pursuant to section 101(a)(5)(A)
of the MMPA. However, operators are
proposing to begin oil and gas
exploration activities in July of 2007,
which will likely be before the Service
makes a final determination under the
section 101(a)(5)(A) regulatory process.
Therefore, this proposed rule also serves
as the proposed IHA that, if finalized,
will authorize the incidental take by
harassment of small numbers of
walruses and polar bears from oil and
gas exploration activities in the Chukchi
Sea during the 2007 exploration season.
The proposed rule can serve as both
the proposed rule under section
101(a)(5)(A) and the proposed IHA
under section 101(a)(5)(D) because the
standards are the same and the
procedures are compatible. Incidental
take authorization is available under
both provisions if the Service finds that
the anticipated take will have a
negligible impact on the species or stock
and will not have an unmitigable
adverse impact on the availability of the
species or stock for subsistence uses.
Both types of authorization would
include permissible methods of taking
and other means of effecting the least
practicable impact on the species or
stock and its habitat and on the
availability of the species or stock for
taking for subsistence uses, any
measures necessary to ensure no
unmitigable adverse impact on the
availability of the species or stock for
taking for subsistence uses, and
requirements for monitoring and
reporting of any taking that does occur.
The differences between the two
provisions are procedural. A final IHA
would be issued without further notice
in the Federal Register, following
consideration of all comments received
during the public comment period, if
the Service finds that the anticipated
level of take meets the statutory
standards. An IHA can only be issued
for up to one year, compared to the fiveyear period of the regulatory process.
Also, an IHA can only be issued if the
Service finds that no lethal take is likely
to occur as a result of the anticipated oil
and gas exploration activities. Here the
Service would be issuing an IHA for the
2007 exploration season. If a final rule
is published in the Federal Register
finding that the anticipated take during
the full five-year period meets the
statutory standards, Letters of
Authorization will replace the one-year
IHA that will be issued to operators if
the Service makes final determinations
that the take that is anticipated to result
from the 2007 activities meets the
statutory standards.
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The Description of Activities section
of the proposed rule describes the oil
and gas exploration activities that will
occur during the 2007 season, as well as
during the consecutive years of the
regulatory period. The Description of
Geographic Region section describes the
geographic area in which exploration
activities will be conducted in 2007, as
well as during the other years of the
regulatory period. The Mitigation
Measures for Oil and Gas Exploration
Activities section describes the
mitigating measures and monitoring and
reporting requirements that will be
required in 2007 as conditions of the
IHA. The potential Effects of Oil and
Gas Industry Activities on Pacific
Walruses and Polar Bears section, the
Potential Effects of Oil and Gas Industry
Activities on Subsistence Uses of Pacific
Walruses and Polar Bears section, and
the Summary of Take Estimated for
Pacific Walruses and Polar Bears section
analyze the type and level of take of
polar bears and walrus that is
anticipated to occur during the 2007
exploration season, as well as during the
other years of the regulatory period. The
public comment period announced with
this proposed rule also serves as the
public comment period for the proposed
IHA. If the Service makes a final
determination that the anticipated level
of take meets the standards under
section 101(a)(5)(D) of the MMPA, it
will issue an IHA with all required
conditions to oil and gas operators for
the 2007 exploration season no later
than 45 days after the close of the
comment period.
Description of Regulations
The proposed regulations are limited
to the nonlethal, incidental take of small
numbers of walruses and polar bears
associated with oil and gas exploration
activities (geophysical seismic surveys,
exploratory drilling, and associated
support activities) in the Chukchi Sea
and adjacent coast of Alaska and would
be effective for a period of up to 5 years
from the date of issuance. The
geographic region, as outlined in the
‘‘Description of Geographic Region,’’
and the type of industrial activities, as
outlined in the ‘‘Description of
Activities’’ section were assessed in
these regulations. No development or
production activities are anticipated
over this timeframe, or considered in
the proposed regulations.
The total estimated level of activity
covered by these regulations, as
outlined in the ‘‘Description of
Activities’’ section, was based on all
projected exploration activities
described by SOI, CPAI, and AOGA (on
behalf of its members) in their petitions,
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as well as projections of reasonably
foreseeable activities for the period
2007–2012 described in the Chukchi
Sea DEIS referenced by the petitioners.
If the level of activity is more than
anticipated, such as additional support
vessels or aircraft, more drilling units,
or more miles of geophysical surveys,
the Service would reevaluate its
findings to determine if they continue to
be appropriate.
It is important to note that these
regulations would not authorize, or
‘‘permit,’’ the actual activities associated
with oil and gas exploration in the
Chukchi Sea. Rather, they would
authorize the nonlethal incidental,
unintentional take of small numbers of
walruses and polar bears associated
with those activities based on standards
set forth in the MMPA. The petition
does not request promulgation of
regulations for the incidental taking
from development or production
activities in the Chukchi Sea. The MMS,
the U.S. Army Corps of Engineers, and
the Bureau of Land Management (BLM)
are responsible for permitting activities
associated with oil and gas activities in
Federal waters and on Federal lands.
The State of Alaska is responsible for
permitting activities on State lands and
in State waters.
The regulations that we propose to
issue include permissible methods of
nonlethal taking, measures to ensure the
least practicable adverse impact on the
species and the availability of these
species for subsistence uses, and
requirements for monitoring and
reporting. If we issue final nonlethal
incidental take regulations, persons
seeking taking authorization for
particular projects must apply for an
LOA to cover nonlethal take associated
with specified exploration activities
pursuant to the regulations. Each group
or individual conducting an oil and gas
industry-related activity within the area
covered by these regulations may
request an LOA.
A separate LOA will be required for
each geophysical survey or seismic
activity and each exploratory drilling
operation. Applications for LOAs must
be received at least 90 days before the
activity is to begin. Applicants for LOAs
must submit an Operations Plan for the
activity, a polar bear interaction plan,
and a site-specific marine mammal
monitoring and mitigation plan to
monitor the effects of authorized
activities on walruses and polar bears. A
report on all exploration and monitoring
activities must be submitted to the
Service within 90 days after the
completed activity. Details of
monitoring and reporting requirements
are further described in ‘‘Potential
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Effects of Oil and Gas Industry
Activities on Pacific Walruses and Polar
Bears.’’
Depending upon the nature, timing,
and location of a proposed activity,
applicants may also be required to
develop a Plan of Cooperation (POC)
with potentially affected subsistence
communities to minimize interactions
with subsistence users. The POC is
further described in ‘‘Potential Effects of
Oil and Gas Industry Activities on
Subsistence Uses of Pacific Walruses
and Polar Bears.’’
Each request for an LOA will be
evaluated based upon the specific
activity and the specific location, and
each authorization will identify
allowable methods or conditions
specific to that activity and location. For
example, we will consider seasonal or
location-specific restrictions to limit
interactions between exploration
activities and walrus aggregations, or
interference with subsistence hunting
activities. Individual LOAs will include
monitoring and reporting requirements
specific to each activity, as well as any
measures necessary for mitigating
impacts to these species and the
subsistence use of these species. The
granting of each LOA will be based on
a determination that the total level of
taking by all applicants in any one year
is consistent with the estimated level
used to make a finding of negligible
impact and a finding of no unmitigable
adverse impacts on the availability of
the species or the stock for subsistence
uses. Notice of issuance of LOAs will be
published in the Federal Register. More
information on applying for and
receiving an LOA can be found at 50
CFR 18.27(f).
Description of Geographic Region
These regulations would allow
Industry to incidentally take small
numbers of Pacific walruses and polar
bears within the same area, hereafter
referred to as the Chukchi Sea Region
(Figure 1). The geographic area covered
by the request is the continental shelf of
the Arctic Ocean adjacent to western
Alaska. This area includes the waters
(State of Alaska and OCS waters) and
seabed of the Chukchi Sea, which
encompasses all waters north and west
of Point Hope (68°20′20″ N, ¥166
°50′40 W, BGN 1947) to the U.S.-Russia
Convention Line of 1867, west of a
north-south line through Point Barrow
(71°23′29″ N, ¥156 °28′30 W, BGN
1944), and up to 200 miles north of
Point Barrow. The region also includes
the terrestrial coastal land 25 miles
inland between the western boundary of
the south National Petroleum Reserve—
Alaska (NPR–A) near Icy Cape
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(70°20′00″, ¥148°12′00) and the northsouth line from Point Barrow. The
geographic region encompasses an area
of approximately 5,850 square miles.
This terrestrial region encompasses a
portion of the Northwest and South
Planning Areas of the NPR–A. The
north-south line at Point Barrow is the
western border of the geographic region
in the Beaufort Sea incidental take
regulations (71 FR 43926; August 2,
2006).
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Description of Activities
This section reviews the types and
scale of oil and gas activities projected
to occur in the Chukchi Sea Region over
the specified time period (2007–2012).
This information is based upon
information provided by the petitioners
and referenced in the Chukchi Sea DEIS.
The Service has used these estimated
levels of activity as a basis for its
findings. If requests for LOAs exceed the
highest estimated level of activity, the
Service would reevaluate its findings to
determine if they continue to be
appropriate before further LOAs are
issued. Specific locations where oil and
gas activity may occur over the
proposed regulatory period are largely
speculative, but are within the
geographic region identified and
analyzed in these regulations. They will
be determined, in part, on the outcome
of future Federal and State oil and gas
lease sales. The specific dates and
durations of the individual operations
and their geographic locations will be
provided to the Service in detail when
requests for LOAs are submitted.
Oil and gas activities anticipated and
considered in our analysis of proposed
incidental take regulations include: (1)
Marine-streamer 3D and 2D seismic
surveys; (2) high-resolution siteclearance surveys; (3) offshore
exploration drilling; and (4) onshore
seismic exploration and drilling.
Marine-Streamer 3D and 2D Seismic
Surveys
Marine seismic surveys are conducted
to locate geological structures
potentially capable of containing
petroleum accumulations. Air guns are
the typical acoustic (sound) source for
2-dimensional and 3-dimensional (2D
and 3D) seismic surveys. An outgoing
sound signal is created by venting highpressure air from the air guns into the
water to produce an air-filled cavity
(bubble) that expands and contracts.
The size of individual air guns can
range from tens to several hundred
cubic inches (in3). A group of air guns
is usually deployed in an array to
produce a downward-focused sound
signal. Air gun array volumes for both
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2D and 3D seismic surveys are expected
to range from 1,800–6,000 in3. The air
guns are fired at short, regular intervals,
so the arrays emit pulsed rather than
continuous sound. While most of the
energy is focused downward and the
short duration of each pulse limits the
total energy into the water column, the
sound can propagate horizontally for
several kilometers.
A 3D source array typically consists of
two to three sub-arrays of six to nine air
guns each, and is about 12.5–18 meters
(m) long and 16–36 m wide. The size of
the source-array can vary during the
seismic survey to optimize the
resolution of the geophysical data
collected at any particular site. Vessels
usually tow up to three source arrays,
depending on the survey-design
specifications. Most 3D operations use a
single source vessel; however, in a few
instances, more than one source vessel
may be used. The sound-source level
(zero-to-peak) associated with typical
3D seismic surveys ranges between 233
and 240 decibels at 1 meter (re 1 µPa at
1 m).
The vessels conducting 3D surveys
are generally 70–90 m long. Surveys are
typically acquired at a vessel speed of
approximately 4.5 knots (k) (8.3 km/
hour). Source arrays are activated
approximately every 10–15 seconds,
depending on vessel speed. The timing
between outgoing sound signals can
vary for different surveys to achieve the
desired ‘‘shot point’’ spacing to meet the
geological objectives of the survey;
typical spacing is either 25 or 37.5 m.
The receiving arrays could include
multiple (4–16) streamer-receiver cables
towed behind the source array. Streamer
cables contain numerous hydrophone
elements at fixed distances within each
cable. Each streamer can be 3–8 km long
with an overall array width of up to
1,500 m between outermost streamer
cables. Biodegradable liquid paraffin is
used to fill the streamer and provide
buoyancy. Solid/gel streamer cables also
are used. The wide extent of this towed
equipment limits both the turning speed
and the area a vessel covers with a
single pass over a geologic target. It is,
therefore, common practice to acquire
data using an offset racetrack pattern.
Adjacent transit lines for a survey
generally are spaced several hundred
meters apart and are parallel to each
other across the survey area. Seismic
surveys are conducted day and night
when ocean conditions are favorable,
and one survey effort may continue for
weeks or months, depending on the size
of the survey. Data-acquisition is
affected by the arrays towed by the
survey vessel and weather conditions.
Typically, data are only collected
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between 25 and 30 percent of the time
(or 6–8 hours a day) because of
equipment or weather problems. In
addition to downtime due to weather,
sea conditions, turning between lines,
and equipment maintenance, surveys
could be suspended to avoid
interactions with biological resources.
The MMS estimates that individual
surveys could last between 20–30 days
(with downtime) to cover a 200 square
mile (mi2) area.
Marine-streamer 2D surveys use
similar geophysical-survey techniques
as 3D surveys, but both the mode of
operation and general vessel type used
are different. The 2D surveys provide a
less-detailed subsurface image because
the survey lines are spaced farther apart,
but they cover wider areas to image
geologic structure on more of a regional
basis. Large prospects are easily
identified on 2D seismic data, but
detailed images of the prospective areas
within a large prospect can only be seen
using 3D data. The 2D seismic-survey
vessels generally are smaller than 3Dsurvey vessels, although larger 3Dsurvey vessels are also capable of
conducting 2D surveys. The 2D source
array typically consists of three or more
sub-arrays of six to eight air gun sources
each. The sound-source level (zero-topeak) associated with 2D marine seismic
surveys are the same as 3D marine
seismic surveys (233–240 dB re 1 µPa at
1 m). Typically, a single hydrophone
streamer cable approximately 8–12 km
long is towed behind the survey vessel.
The 2D surveys acquire data along
single track lines that are spread more
widely apart (usually several miles)
than are track lines for 3D surveys
(usually several hundred meters).
Both 3D and 2D marine-streamer
surveys require a largely ice-free
environment to allow effective
operation and maneuvering of the air
gun arrays and long streamers. In the
Chukchi Sea Region, the timing and
areas of the surveys will be dictated by
ice conditions. The data-acquisition
season in the Chukchi Sea could start
sometime in July and end sometime in
early November. Even during the short
summer season, there are periodic
incursions of sea ice, so there is no
guarantee that any given location will be
ice free throughout the survey.
Marine seismic-exploration work is
expected to occur in the Chukchi Sea
Region in the summer of 2007 in
anticipation of OCS lease sale 193. This
work is likely to include 3D seismic
surveys, but will not include
exploration drilling. Approximately
100,000 line-miles of 2D seismic
surveys already have been collected in
the Chukchi Sea program area, so the
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MMS assumes that additional
geophysical surveys will be primarily
3D surveys focusing on specific leasing
targets. The 3D surveys are likely to
continue during the early phase of
exploration when wells are drilled;
however, the number of surveys is
expected to decrease over time as data
is collected over the prime prospects
and these prospects are tested by
drilling.
Based upon information provided by
the petitioners, and estimates prepared
by the MMS in the Chukchi Sea DEIS,
the Service estimates that, in any given
year during the specified timeframe
(2007–2012), up to four seismic survey
vessels could be operating
simultaneously in the Chukchi Sea
Region during the open water season.
Each seismic vessel is expected to
collect between 3,200–14,500 linear
kilometers of seismic survey data.
Seismic surveys are expected to occur in
open water conditions between July 1
and November 30 each year. We
estimate that each seismic survey vessel
will be accompanied or serviced by 1–
3 support vessels. Helicopters may also
be used, when available, for vessel
support and crew changes.
High-Resolution Site-Clearance Surveys
Based on mapping of the subsurface
structures using 2D and 3D seismic data,
several well locations may be proposed.
Prior to drilling deep test wells, highresolution site clearance seismic surveys
and geotechnical studies will be
necessary to examine the proposed
exploration drilling locations for
geologic hazards, archeological features,
and biological populations. Site
clearance and studies required for
exploration will be conducted during
the open water season before a drill rig
is mobilized to the site. A typical
operation consists of a vessel towing an
acoustic source (air gun) about 25 m
behind the ship and a 600-m streamer
cable with a tail buoy. The source array
usually is a single array composed of
one or more air guns. A 2D highresolution site-clearance survey usually
has a single air gun, while a 3D highresolution site survey usually tows an
array of air guns. The ships travel at 3–
3.5 knots (5.6–6.5 km/hour), and the
source is activated every 7–8 seconds
(or about every 12.5 m). All vessel
operations are designed to be ultraquiet, as the higher frequencies used in
high-resolution work are easily masked
by the vessel noise. Typical surveys
cover one OCS block at a time. MMS
regulations require information be
gathered on a 300 by 900 m grid, which
amounts to about 129 line kilometers of
data per lease block. If there is a high
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probability of archeological resources,
the north–south lines are 50 m apart and
the 900 m remains the same. Including
line turns, the time to survey a lease
block is approximately 36 hours. Air
gun volumes for high-resolution surveys
typically are 90–150 in3, and the output
of a 90-in3 air gun ranges from 229–233
dB high-resolution re 1 µPa at 1m. Air
gun pressures typically are 2,000 psi
(pounds per square inch), although they
can be used at 3,000 psi for higher
signal strength to collect data from deep
in the subsurface.
Based upon information provided by
the petitioners, and estimates prepared
by the MMS in the Chukchi Sea DEIS,
we estimate that during the specified
timeframe (2007–2012), as many as six
high-resolution site surveys may be
carried out in any given year.
Offshore Drilling Operations
Considering water depth and the
remoteness of this area, drilling
operations are most likely to employ
drill-ships with ice-breaker support
vessels. Water depths greater than 100
feet and possible pack-ice incursions
during the open-water season will
preclude the use of bottom-founded
platforms as exploration drilling rigs.
Using drill-ships allows the operator to
temporarily move off the drill-site if sea
or ice conditions require it, and the
suspended well is controlled by
blowout-prevention equipment installed
on wellheads on the seabed. Drilling
operations are expected to range
between 30 and 90 days at different well
sites, depending on the depth to the
target formation, difficulties during
drilling, and logging/testing operations.
Drill-ships operate only during the
open-water season, and drifting ice can
prevent their operation.
A drill-ship is secured over the drillsite by deploying anchors on as many as
ten to twelve mooring lines. The drill
pipe is encased in a riser that
compensates for the vertical wave
motion. The blowout preventer (BOP) is
typically located at the seabed in a hole
dug below the ice-scour depth. BOP
placement is an important safety feature
enabling the drill-ship to shut down
operations and get underway rapidly
without exposing the well. One or more
ice management vessels (icebreakers)
generally support drill-ships to ensure
ice does not encroach on operations. A
barge and tug typically accompany the
vessels to provide a standby safety
vessel, oil spill response capabilities,
and refueling support. Most supplies
(including fuel) necessary to complete
drilling activities are stored on the drillship and support vessels. Helicopter
servicing of drill-ships can occur as
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frequently as 1–2 times/day. The
abandonment phase is initiated if
exploratory wells are not successful. In
a typical situation, wells are
permanently plugged (with cement) and
wellhead equipment removed. The
seafloor site is restored to some
practicable, pre-exploration condition.
Post-abandonment surveys are
conducted to confirm that no debris
remains following abandonment or
those materials remain at the lease tract.
The casings for delineation wells are
either cut mechanically or with
explosives during the process of well
abandonment. The MMS estimates that
exploration wells will average 8,000 ft,
will use approximately 475 tons (ton =
2,000 pounds) of dry mud, and produce
600 tons of dry rock cuttings.
Considering the cost of synthetic
drilling fluids now commonly used, the
MMS assumes that most of the drilling
mud will be reconditioned and reused.
All of the rock cuttings will be
discharged at the exploration site.
Considering the relatively short openwater season in the Chukchi Sea (July–
November), the MMS estimates that up
to four wells could be started by one rig
each drilling season. However, it is
more likely that only one to two wells
could be drilled, tested, and abandoned
by one drill ship in any given season,
leaving work on the other wells to the
next summer season. A total of 5
exploration wells have been drilled on
the Chukchi shelf, and the MMS
estimates that 7–14 additional wells will
be needed to discover and delineate a
commercial field.
Based upon information provided by
the petitioners, and estimates prepared
by the MMS in the Chukchi Sea DEIS,
we estimate that as many as five drillships could be operating in the Chukchi
Sea Region in any given year during the
specified timeframe (2007–2012). Each
drill-ship is expected to drill up to four
exploratory or delineation wells per
season. Each drill-ship is likely to be
supported by 1–2 ice breakers, a barge
and tug, 1–2 helicopter flights per day,
and 1–2 supply ships per week. The
operating season is expected to be
limited to the open-water season July 1November 30.
Onshore Seismic Exploration and
Drilling
The CPAI petition also describes
conducting onshore seismic exploration
and drilling over the next five years,
including geotechnical site
investigations, vibroseis, construction of
ice pads, roads, and islands, and
exploratory drilling.
Geotechnical site investigations
include shallow cores and soil borings
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to investigate soil conditions and
stratigraphy. Geotechnical properties at
select points may be integrated with
seismic data to develop a regional
model for predicting soil conditions in
areas of interest.
Vibroseis seismic operations are
conducted both onshore and on
nearshore ice using large trucks with
vibrators that systematically put
variable frequency energy into the earth.
A minimum of 1.2 m (4 ft) of sea ice is
required to support heavy vehicles used
to transport equipment offshore for
exploration activities. These ice
conditions generally exist from 1
January until 31 May. The exploration
techniques are most commonly used on
landfast ice, but they can be used in
areas of stable offshore pack ice. Several
vehicles are normally associated with a
typical vibroseis operation. One or two
vehicles with survey crews move ahead
of the operation and mark the source
receiver points. Occasionally,
bulldozers are needed to build snow
ramps on the steep terrain or to smooth
offshore rough ice within the site.
A typical wintertime exploration
seismic crew consists of 40–140
personnel. Roughly 75 percent of the
personnel routinely work on the active
seismic crew, with approximately 50
percent of those working in vehicles and
the remainder outside laying and
retrieving geophones and cables.
With the vibroseis technique, activity
on the surveyed seismic line begins
with the placement of sensors. All
sensors are connected to the recording
vehicle by multi-pair cable sections. The
vibrators move to the beginning of the
line, and recording begins. The vibrators
move along a source line, which is at
some angle to the sensor line. The
vibrators begin vibrating in synchrony
via a simultaneous radio signal to all
vehicles. In a typical survey, each
vibrator will vibrate four times at each
location. The entire formation of
vibrators subsequently moves forward to
the next energy input point (67 m (220
ft) in most applications) and repeats the
process. In a typical 16- to 18-hour day,
a survey will complete 6 to 16 linear km
(4–10 mi) in a 2D seismic operation and
24 to 64 linear km (15–40 mi) in a 3D
seismic operation. CPAI anticipates
conducting between one and five
vibroseis seismic programs onshore
within the northwest NPR–A over the
next 5 years.
CPAI also anticipates developing
vertical seismic profiles (VSPs) to
calibrate seismic and well data. VSP
operations are usually staffed by less
than eight people. Four or five of the
operators remain in the vehicles
(vibrators) within 1.6 to 3.2 km (1–2 mi)
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of the rig, while the others are located
at the rig.
CPAI proposes to drill up to three
onshore exploration wells on private
lands south of Barrow near the North
Slope Boroughs Walakpa gas field in the
winter of 2007. It is estimated that
another 3 to 5 wells could be drilled in
this area within the next 5 years. In
support of these activities, CPA
estimates that the following associated
infrastructure would be required: 20–
100 miles of ice roads; 20–300 miles of
rolligon trails; 1 to 2 airfields of
approximately 5,000 feet in size; storage
of rigs and/or support equipment in
Barrow; and barging of equipment to
and from Barrow from existing facilities.
On Federal lands, CPAI estimates
drilling 3 to 6 onshore wells within the
next 5 years. Drilling will likely include
both well testing and VSPs. Three
onshore wells are proposed for 2007.
Drilling operations will require an
estimated 20 to 100 miles of ice roads,
20 to 300 miles of rolligon trails, 1 to 4
airfields approximately 5,000 ft in
length on lakes or tundra, rig storage on
gravel, possibly at new sites in the
Northwest NPR–A, 1 to 5 camps, and 1
to 3 rigs operating in a given year.
Mitigation Measures for Oil and Gas
Exploration Activities in the Chukchi
Sea
Measures to mitigate potential effects
of oil and gas exploration activities on
marine mammal resources and
subsistence use of those resources have
been identified and developed through
previous MMS lease sale National
Environmental Policy Act (NEPA)
review and analysis processes. The
Chukchi Sea DEIS (https://
www.mms.gov/alaska/ref/EIS%20EA/
draft_arctic_peis/draft_peis.htm)
identifies several existing measures
designed to mitigate potential effects of
oil and gas exploration activities on
marine mammal resources and
subsistence use of those resources
(II.B.3.; II–B.5–24). All plans for OCS
exploration activities will go through an
MMS review and approval to ensure
compliance with established laws and
regulations. Operational compliance is
enforced through the MMS on-site
inspection program. The following
MMS lease sale stipulations and
mitigation measures will be applied to
all exploration activities in the Chukchi
Lease Sale Planning Area and the
geographic region of the incidental take
regulations. The Service has
incorporated these MMS Lease sale
mitigation measures into their analysis
of impacts to Pacific walrus and polar
bears in the Chukchi Sea.
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30675
MMS lease sale stipulations that will
help minimize Industry impacts to
Pacific walruses and polar bears
include:
Pre-Booming Requirements for Fuel
Transfers
Fuel transfers of 100 barrels or more
will require pre-booming of fuel barges.
A fuel barge must be surrounded by an
oil-spill-containment boom during the
entire transfer operation to help reduce
any adverse effects from a fuel spill. Prebooming requirements are intended to
lower the potential effects to water
quality, lower trophic-level organisms,
marine mammals, subsistence resources
and hunting, and sociocultural systems
by providing additional protection from
potential fuel spills.
By containing any spill within the
boom area, this stipulation will reduce
the risk of fuel spills contacting
walruses and polar bears, and the risk
that harvested animals may become
tainted from a potential spill.
Site-Specific Monitoring Program for
Marine Mammal Subsistence Resources
A lessee proposing to conduct
exploration operations within
traditional subsistence use areas will be
required to conduct a site-specific
monitoring program designed to assess
when walruses and polar bears are
present in the vicinity of lease
operations and the extent of behavioral
effects on these marine mammals due to
their operations. This stipulation
applies specifically to the communities
of Barrow, Wainwright, Point Lay, and
Point Hope.
Site-specific monitoring programs
will provide information about the
seasonal distributions of walruses and
polar bears. The information can be
used to evaluate the threat of harm to
the species and provides immediate
information about their activities, and
their response to specific events. This
stipulation is expected to reduce the
potential effects of exploration activities
on walruses, polar bears, and the
subsistence use of these resources. This
stipulation also contributes incremental
and important information to ongoing
walrus and polar bear research and
monitoring efforts.
Conflict Avoidance Mechanisms To
Protect Subsistence-Harvesting
Activities
Through consultation with potentially
affected communities, the lessee shall
make every reasonable effort to assure
that their proposed activities are
compatible with marine mammal
subsistence hunting activities and will
not result in unreasonable interference
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with subsistence harvests. In the event
that no agreement is reached between
the parties, the lessee, the appropriate
management agencies and comanagement organizations, and any
communities that could be directly
affected by the proposed activity may
request that the MMS assemble a group
consisting of representatives from the
parties specifically to address the
conflict and attempt to resolve the
issues before the MMS makes a final
determination on the adequacy of the
measures taken to prevent unreasonable
conflicts with subsistence harvests.
This lease stipulation will help
reduce potential conflicts between
subsistence hunters and proposed oil
and gas exploration activities. This
stipulation will help reduce noise and
disturbance conflicts from oil and gas
operations during specific periods, such
as peak hunting seasons. It requires that
the lessee meet with local communities
and subsistence groups to resolve
potential conflicts. The consultations
required by this stipulation ensure that
the lessee, including contractors,
consult and coordinate both the timing
and sighting of events with subsistence
users. This stipulation has proven to be
effective in the Beaufort Sea Planning
Area in mitigating offshore exploration
activities through the development of
annual agreements between the Alaska
Eskimo Whaling Commission and
participating oil companies.
Measures To Mitigate Seismic-Surveying
Effects
The measures summarized below are
based on the protective measures in
MMS’ most recent marine seismic
survey exploration permits and the
recently completed Programmatic
Environmental Assessment of Arctic
Ocean Outer Continental Shelf Seismic
Surveys—2006 (https://www.mms.gov/
alaska/ref/pea_be.htm). As stated in the
MMS Programmatic Environmental
Assessment, these protective measures
would be incorporated in all MMSpermitted seismic activities.
1. Spacing of Seismic Surveys—
Operators must maintain a minimum
spacing of 15 miles between the
seismic-source vessels for separate
simultaneous operations.
2. Exclusion Zone—A 180/190decibel (dB) isopleth-exclusion zone
(also called a safety zone) from the
seismic-survey-sound source shall be
free of marine mammals, including
walruses and polar bears, before the
survey can begin and must remain free
of mammals during the survey. The
purpose of the exclusion zone is to
protect marine mammals from Level A
harassment. The 180-dB (Level A
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harassment injury) applies to cetaceans
and walruses, and the 190-dB (Level A
harassment-injury) applies to pinnipeds
other than walruses and polar bears.
3. Monitoring of the Exclusion Zone—
Trained marine mammal observers
(MMOs) shall monitor the area around
the survey for the presence of marine
mammals to maintain a marine
mammal-free exclusion zone and
monitor for avoidance or take behaviors.
Visual observers monitor the exclusion
zone to ensure that marine mammals do
not enter the exclusion zone for at least
30 minutes prior to ramp up, during the
conduct of the survey, or before
resuming seismic survey work after a
shut down.
Shut Down—The survey shall be
suspended until the exclusion/safety
zone is free of marine mammals. All
observers shall have the authority to,
and shall instruct the vessel operators to
immediately stop or de-energize the
airgun array whenever a marine
mammal is seen within the zone. If the
airgun array is completely shut-down
for any reason during nighttime or poor
sighting conditions, it shall not be reenergized until daylight or whenever
sighting conditions allow for the zone to
be effectively monitored from the source
vessel and/or through other passive
acoustic, aerial, or vessel-based
monitoring.
Ramp Up—Ramp up is the gradual
introduction of sound from airguns to
deter marine mammals from potentially
damaging sound intensities and from
approaching the specified zone. This
technique involves the gradual increase
(usually 5–6 dB per 5-minute
increment) in emitted sound levels,
beginning with firing a single airgun
and gradually adding airguns over a
period of at least 20–40 minutes, until
the desired operating level of the full
array is obtained. Ramp-up procedures
may begin after observers ensure the
absence of marine mammals for at least
30 minutes. Ramp up procedures shall
not be initiated at night or when
monitoring the zone is not possible. A
single airgun operating at a minimum
source level can be maintained for
routine activities, such as making a turn
between line transects, for maintenance
needs or during periods of impaired
visibility (e.g., darkness, fog, high sea
states), and does not require a 30-minute
clearance of the zone before the airgun
array is again ramped up to full output.
Field Verification—Before conducting
the survey, the operator shall verify the
radii of the exclusion/safety zones
within real-time conditions in the field.
This provides for more accurate radii
rather than relying on modeling
techniques before entering the field.
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Field-verification techniques must use
valid techniques for determining
propagation loss. When moving a
seismic-survey operation into a new
area, the operator shall verify the new
radii of the zones by applying a soundpropagation series.
4. Monitoring of the Seismic-Survey
Area—Aerial-monitoring surveys or an
equivalent monitoring program
acceptable to the Service will be
required through the LOA authorization
process. Field verification of the
effectiveness of any monitoring
techniques may be required by the
Service.
5. Reporting Requirements—
Reporting requirements provide
regulatory agencies with specific
information on the monitoring
techniques to be implemented and how
any observed impacts to marine
mammals will be recorded. In addition,
operators must report immediately any
shutdowns due to a marine mammal
entering the exclusion zones and
provide the regulating agencies with
information on the frequency of
occurrence and the types and behaviors
of marine mammals (if possible to
ascertain) entering the exclusion zones.
6. Temporal/Spatial/Operational
Restrictions—Seismic-survey and
associated support vessels shall observe
a 0.5-mile (∼800-meter) safety radius
around walruses hauled-out onto land
or ice. Aircraft shall be required to
maintain a 1,000-foot minimum altitude
within 0.5 miles of hauled-out walruses.
7. Seismic-survey operators shall
notify MMS in the event of any loss of
cable, streamer, or other equipment that
could pose a danger to marine
mammals.
These seismic mitigation measures
will help reduce the potential for Level
A Harassment of walruses and polar
bears during seismic operations. The
spatial separation of seismic operations
will also reduce potential cumulative
effects of simultaneous operations. The
monitoring and reporting requirements
will provide location-specific
information about the seasonal
distributions of walruses and polar
bears. The additional information can be
used to evaluate the future threat of
harm to the species and also provides
immediate information about their
activities, and their response to specific
events.
Biological Information
Pacific Walruses
1. Stock Definition and Range
Pacific walrus (Odobenus rosmarus
divergens) are represented by a single
stock of animals that inhabit the shallow
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continental shelf waters of the Bering
and Chukchi seas. The population
ranges across the international
boundaries of the United States and
Russia, and both nations share common
interests with respect to the
conservation and management of this
species.
Several decades of intense
commercial exploitation in the late
1800s and early 1900s left the
population severely depleted. The
population is believed to have increased
substantially in size and range during
the 1960s–1980s due to hunting
restrictions enacted in the United States
and Russia that reduced the size of the
commercial harvest and provided
protection to female walruses and
calves. Information concerning
population size and trend after 1985 is
less certain. An aerial survey flown in
1990 produced a population estimate of
201,039 animals; however, large
confidence intervals associated with
that estimate precluded any conclusions
concerning population trend. The
current size and trend of the Pacific
walrus population are unknown.
Projected ecosystem changes across the
Arctic further underscore the need for
detailed population studies from which
sound management decisions can be
made.
The distribution of Pacific walruses
varies markedly with the seasons.
During the late winter breeding season,
walruses are found in areas of the
Bering Sea where open leads, polynas,
or areas of broken pack-ice occur.
Significant winter concentrations are
normally found in the Gulf of Anadyr,
the St. Lawrence Island Polyna, and in
an area south of Nunivak Island. In the
spring and early summer, most of the
population follows the retreating packice northward into the Chukchi Sea;
however, several thousand animals,
primarily adult males, remain in the
Bering Sea, utilizing coastal haulouts
during the ice-free season. During the
summer months, walruses are widely
distributed across the shallow
continental shelf waters of the Chukchi
Sea. Significant summer concentrations
are normally found in the
unconsolidated pack-ice west of Point
Barrow, and along the northern
coastline of Chukotka in the vicinity of
Wrangel Island. As the ice edge
advances southward in the fall,
walruses reverse their migration and regroup on the Bering Sea pack-ice.
2. Habitat
Walruses rely on floating pack-ice as
a substrate for resting and giving birth.
Walruses generally require ice
thicknesses of 50 centimeters (cm) or
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more to support their weight. Although
walruses can break through ice up to 20
cm thick, they usually occupy areas
with natural openings and are not found
in areas of extensive, unbroken ice.
Thus, their concentrations in winter
tend to be in areas of divergent ice flow
or along the margins of persistent
polynas. Concentrations in summer tend
to be in areas of unconsolidated packice, usually within 100 km of the
leading edge of the ice pack. When
suitable pack-ice is not available,
walruses haul out to rest on land.
Isolated sites, such as barrier islands,
points, and headlands, are most
frequently occupied. Social factors,
learned behavior, and proximity to their
prey base are also thought to influence
the location of haulout sites. Traditional
walrus haulout sites in the eastern
Chukchi Sea include Cape Thompson,
Cape Lisburne, and Icy Cape. In recent
years, the Cape Lisburne haulout site
has seen regular use in late summer.
Numerous haulouts also exist along the
northern coastline of Chukotka, and on
Wrangel and Herald islands, which are
considered important hauling grounds
in September, especially in years when
the pack-ice retreats far to the north.
Although capable of diving to deeper
depths, walruses are for the most part
found in shallow waters of 100 m or
less, possibly because of higher
productivity of their benthic foods in
shallower water. They feed almost
exclusively on benthic invertebrates
although Native hunters have also
reported incidences of walruses preying
on seals. Prey densities are thought to
vary across the continental shelf
according to sediment type and
structure. Preferred feeding areas are
typically composed of sediments of soft,
fine sands. The juxtaposition of ice over
appropriate depths for feeding is
especially important for females with
dependent calves that are not capable of
deep diving or long exposure in the
water. The mobility of the pack ice is
thought to help prevent walruses from
overexploiting their prey resource.
Foraging trips may last for several days,
during which time they dive to the
bottom nearly continuously. Most
foraging dives to the bottom last
between 5 and 10 minutes, with a
relatively short (1–2 minute) surface
interval. The intensive tilling of the sea
floor by foraging walruses is thought to
have significant influence on the
ecology of the Bering and Chukchi Seas.
Foraging activity recycles large
quantities of nutrients from the sea floor
back into the water column, provides
food for scavenger organisms, and
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contributes greatly to the diversity of the
benthic community.
3. Life History
Walruses are long-lived animals with
low rates of reproduction. Females
reach sexual maturity at 4–9 years of
age. Males become fertile at 5–7 years of
age; however, they are usually unable to
compete for mates until they reach full
physical maturity at 15–16 years of age.
Breeding occurs between January and
March in the pack-ice of the Bering Sea.
Calves are usually born in late April or
May the following year during the
northward migration from the Bering
Sea to the Chukchi Sea. Calving areas in
the Chukchi Sea extend from the Bering
Strait to latitude 70 °N. Calves are
capable of entering the water shortly
after birth, but tend to haulout
frequently, until their swimming ability
and blubber layer are well developed.
Newborn calves are tended closely.
They accompany their mother from
birth and are usually not weaned for 2
years or more. Cows brood neonates to
aid in their thermoregulation, and carry
them on their back or under their flipper
while in the water. Females with
newborns often join together to form
large ‘‘nursery herds’’. Summer
distribution of females and young
walruses is closely tied to the
movements of the pack-ice relative to
feeding areas. Females give birth to one
calf every two or more years. This
reproductive rate is much lower than
other pinniped species; however, some
walruses live to age 35–40, and remain
reproductively active until relatively
late in life.
Walruses are extremely social and
gregarious animals. They tend to travel
in groups and haul-out onto ice or land
in groups. Walruses spend
approximately one-third of their time
hauled out onto land or ice. Hauled-out
walruses tend to lie in close physical
contact with each other. Youngsters
often lie on top of the adults. The size
of the hauled-out groups can range from
a few animals up to several thousand
individuals.
4. Mortality
Polar bears (Ursus maritimus) are
known to prey on walrus calves, and
killer whales (Orcinus orca) have been
known to take all age classes of animals.
Predation levels are thought to be
highest near terrestrial haulout sites
where large aggregations of walruses can
be found; however, few observations
exist for off-shore environs.
Pacific walruses have been hunted by
coastal Natives in Alaska and Chukotka
for thousands of years. Exploitation of
the Pacific walrus population by
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Europeans has also occurred in varying
degrees since first contact. Presently,
walrus hunting in Alaska and Chukotka
is restricted to meet the subsistence
needs of aboriginal peoples. The
combined harvest of the United States
and Russia averages approximately
5,500 walruses per year. This mortality
estimate includes corrections for underreported harvest and struck and lost
animals.
Intraspecific trauma is also a known
source of injury and mortality.
Disturbance events can cause walruses
to stampede into the water and have
been known to result in injuries and
mortalities. The risk of stampede-related
injuries increases with the number of
animals hauled out. Calves and young
animals at the perimeter of these herds
are particularly vulnerable to trampling
injuries.
5. Distributions and Abundance of
Pacific Walruses in the Chukchi Sea
Walruses are seasonably abundant in
the Chukchi Sea. Their distribution is
thought to be influenced primarily by
the extent of the seasonal pack-ice,
although habitat use patterns are poorly
known. In May and June, most of the
Pacific walrus population migrates
through the Bering Strait into the
Chukchi Sea. Walruses tend to migrate
into the Chukchi Sea along lead systems
that develop along the northwest coast
of Alaska. Walruses are expected to be
closely associated with the southern
edge of the seasonal pack-ice during the
open water season. By July, large groups
of walruses, up to several thousand
animals, can be found along the edge of
the pack ice between Icy Cape and Point
Barrow. During August, the edge of the
pack-ice generally retreats northward to
about 71 °N, but in light ice years, the
ice edge can retreat beyond 76 °N. The
sea ice normally reaches its minimum
(northern) extent in September. It is
unclear how walruses respond in years
when the sea ice retreats beyond the
relatively shallow continental shelf
waters. At least some animals are
thought to migrate west towards
Chukotka, while others have been
observed hauling out along the
shoreline between Point Barrow and
Cape Lisburne. The pack-ice rapidly
advances southward in October, and
most animals are thought to have
returned to the Bering Sea by early
November.
A recent abundance estimate for the
number of walruses present in the
Chukchi Sea during the proposed
operating season is lacking. Previous
aerial surveys of the region carried out
in the 1980s resulted in abundance
estimates ranging from 62,177–101,213.
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A 1990 aerial survey reported 16,489
walruses distributed in the Chukchi Sea
pack-ice between Wrangel Island and
Point Barrow; however, the sea-ice was
distributed well beyond the continental
shelf at the time of the survey. These
abundance estimates are all considered
conservative because no corrections
were made for walruses in water (not
visible) at the time of the surveys.
Polar Bears
1. Alaska Stock Definition and Range
Polar bears occur throughout the
Arctic. The world population estimate
of polar bears ranges from 20,000–
25,000 individuals. In Alaska, they have
been observed as far south in the eastern
Bering Sea as St. Matthew Island and
the Pribilof Islands. However, they are
most commonly found within 180 miles
of the Alaskan coast of the Chukchi and
Beaufort Seas, from the Bering Strait to
the Canadian border. Two stocks occur
in Alaska: (1) The Chukchi-Bering Seas
stock (CS); and (2) the Southern
Beaufort Sea stock (SBS). A summary of
the Chukchi and Southern Beaufort Sea
polar bear stocks are described below. A
detailed description of the Chukchi Sea
and Southern Beaufort Sea polar bear
stocks can be found in the ‘‘Range-Wide
Status Review of the Polar Bear (Ursus
Maritimus)’’ (https://alaska.fws.gov/
fisheries/mmm/polarbear/issues.htm).
A. Chukchi/Bering Sea Stock (CS)
The CS is defined as polar bears
inhabiting the area as far west as the
eastern portion of the Eastern Siberian
Sea, as far east as Point Barrow, and
extending into the Bering Sea, with its
southern boundary determined by the
extent of annual ice. Based upon these
telemetry studies, the western boundary
of the population was set near
Chaunskaya Bay in northeastern Russia.
The eastern boundary was set at Icy
Cape, Alaska, which also is the previous
western boundary of the SBS. This
eastern boundary constitutes a large
overlap zone with bears in the SBS
population. The CS population is
estimated to comprise 2,000 animals
based on extrapolation of aerial den
surveys; however, these estimates have
wide ranges (ca. 2,000–5,000) and are
considered to be of little value for
management. Reliable estimates of
population size based upon mark and
recapture are not available for this
region. The status of the CS population,
which was believed to have increased
after the level of harvest was reduced in
1972, is now thought to be uncertain or
declining. Measuring the population
size remains a research challenge and
recent reports of substantial levels of
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illegal harvest in Russia are cause for
concern. Legal harvesting activities are
currently restricted to Inuit in western
Alaska. In Alaska, average annual
harvest levels declined by
approximately 50 percent between the
1980s and the 1990s and have remained
at low levels in recent years. There are
several factors potentially affecting the
harvest level in western Alaska. The
factor of greatest direct relevance is the
substantial illegal harvest in Chukotka.
In addition, other factors such as
climatic change and its effects on pack
ice distribution, as well as changing
demographics and hunting effort in
native communities could influence the
declining take. Recent measures
undertaken by regional authorities in
Chukotka may have reduced the illegal
hunt. The unknown rate of illegal take
makes the stable designation uncertain
and tentative.
B. Southern Beaufort Sea (SBS)
The SBS polar bear population is
shared between Canada and Alaska.
Radio-telemetry data, combined with
earlier tag returns from harvested bears,
suggested that the SBS region comprised
a single population with a western
boundary near Icy Cape, Alaska, and an
eastern boundary near Pearce Point,
Northwest Territories, Canada. Early
estimates suggested the size of the SBS
population was approximately 1,800
polar bears, although uneven sampling
was known to compromise the accuracy
of that estimate. A preliminary
population analysis of the SBS stock
was completed in June 2006 through
joint research coordinated between the
United States and Canada. That analysis
indicated the population of the region
between Icy Cape and Pearce Point is
now approximately 1,500 polar bears
(95 percent confidence intervals
approximately 1,000–2,000). Further
analyses are likely to tighten the
confidence intervals, but not likely to
change the point estimate appreciably.
Although the confidence intervals of the
current population estimate overlap the
previous population estimate of 1,800,
other statistical and ecological evidence
(e.g., high recapture rates encountered
in the field) suggest that the current
population is actually smaller than has
been estimated for this area in the past.
Although the new SBS population
estimate is preliminary, we believe it
should be used for current status
assessments.
Recent analyses of radio-telemetry
data of spatio-temporal use patterns of
bears of the SBS stock using new spatial
modelling techniques suggest
realignment of the boundaries of the
Southern Beaufort Sea area. We now
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know that nearly all bears in the central
coastal region of the Beaufort Sea are
from the SBS population, and that
proportional representation of SBS bears
decreases to both the west and east. For
example, only 50 percent of the bears
occurring in Barrow, Alaska, and
Tuktoyaktuk, Northwest Territories, are
SBS bears, with the remainder being
from the CS and northern Beaufort Sea
populations, respectively. The recent
radio-telemetry data indicate that bears
from the SBS population seldom reach
Pearce Point, which is currently on the
eastern management boundary for the
SBS population. Conversely, SBS bears
can also be found in the western regions
of their range in the Chukchi Sea (i.e.,
Wainwright and Point Lay) in lower
proportions than the central portion of
their range.
Management and conservation
concerns for polar bears include:
climate change, which continues to
increase both the expanse and duration
of open water in summer and fall;
human activities within the near-shore
environment, including hydrocarbon
development and production;
atmospheric and oceanic transport of
contaminants into the Arctic; and the
potential for inadvertent over-harvest,
should polar bear stocks become
nutritionally-stressed or decline due to
some combination of the
aforementioned threats.
On January 9, 2007 (72 FR 1064), the
Service proposed to list the polar bear
as a threatened species under the U.S.
Endangered Species Act of 1973, as
amended, based on a comprehensive
scientific review to assess the current
status and future of the species. The
Service will gather more information,
undertake additional analyses, and
assess the reliability of relevant
scientific models before making a final
decision whether to list the species.
More information can be found at:
https://www.fws.gov/ and https://
www.fws.gov/home/feature/2006/
010907FRproposedrule.pdf.
2. Habitat
Polar bears of the Chukchi Sea are
subject to the movements and coverage
of the pack-ice. The most extensive
north-south movements of polar bears
are associated with the spring and fall
ice movement. For example, during the
2006 ice-covered season, six bears radiocollared in the Beaufort Sea were
located in the Chukchi and Bering Seas
as far south as 59 ° latitude. Summer
movements tend to be less dramatic due
to the reduction of ice habitat. Summer
distribution is somewhat dependent
upon the location of the ice front;
however, polar bears are accomplished
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swimmers and are often seen on floes
separated from the main pack-ice.
Therefore, bears can appear at any time
in what can be called ‘‘open water.’’ The
summer ice pack can be quite disjunct
and segments can be driven by wind
great distances carrying polar bears with
them. Bears from both stocks overlap in
their distribution around Point Barrow
and can move into surrounding areas
depending on ice conditions.
Polar bears spend most of their time
in near-shore, shallow waters over the
productive continental shelf associated
with the shear zone and the active ice
adjacent to the shear zone. Sea ice and
food availability are two important
factors affecting the distribution of polar
bears. In the near-shore environment,
Beaufort Sea polar bears are generally
widely distributed in low numbers
across the Beaufort Sea area; however,
polar bears have been observed
congregating on the barrier islands in
the fall and winter, resting, moving, and
feeding on available food. Polar bears
will occasionally feed on bowhead
whale (Balaena mysticetus) carcasses at
Point Barrow, Cross, and Barter islands,
areas where bowhead whales are
harvested for subsistence purposes. An
increased trend by polar bears to use
coastal habitats in the fall during openwater and freeze-up conditions has been
noted since 1992.
3. Denning and Reproduction
Although insufficient data exist to
accurately quantify polar bear denning
along the Alaskan Chukchi Sea coast,
dens in the area are less concentrated
than for other areas in the Arctic. The
majority of denning of Chukchi Sea
polar bears occurs on Wrangel Island,
Herald Island, and certain locations on
the northern Chukotka coast. Females
without dependent cubs breed in the
spring. Females can initiate breeding at
5 to 6 years of age. Females with cubs
do not mate. Pregnant females enter
maternity dens by late November, and
the young are usually born in late
December or early January. Only
pregnant females den for an extended
period during the winter; other polar
bears may excavate temporary dens to
escape harsh winter winds. An average
of two cubs are usually born, and after
giving birth, the female and her cubs
remain in the den where the cubs are
nurtured until they can walk.
Reproductive potential (intrinsic rate of
increase) is low. The average
reproductive interval for a polar bear is
3 to 4 years, and a female polar bear can
produce about 8 to 10 cubs in her
lifetime; in healthy populations, 50 to
60 percent of the cubs will survive.
Female bears can be quite sensitive to
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disturbances during this denning
period.
In late March or early April, the
female and cubs emerge from the den.
If the mother moves young cubs from
the den before they can walk or
withstand the cold, mortality to the cubs
may increase. Therefore, it is thought
that successful denning, birthing, and
rearing activities require a relatively
undisturbed environment. Radio and
satellite telemetry studies elsewhere
indicate that denning can occur in
multi-year pack-ice and on land.
Both fur and fat are important to polar
bears for insulation in air and water.
Cubs-of-the-year must accumulate a
sufficient layer of fat in order to
maintain their body temperature when
immersed in water. It is unknown to
what extent young cubs can withstand
exposure in water before they are
threatened by hypothermia. Polar bears
groom their fur to maintain its
insulative value.
4. Prey
Ringed seals (Phoca hispida) are the
primary prey of polar bears in most
areas. Bearded seals (Erignathus
barbatus) and walrus calves are hunted
occasionally. Polar bears
opportunistically scavenge marine
mammal carcasses, and there are reports
of polar bears killing beluga whales
(Delphinapterus leucas) trapped in the
ice. Polar bears are also known to eat
nonfood items including styrofoam,
plastic, antifreeze, and hydraulic and
lubricating fluids.
Polar bears hunt seals along leads and
other areas of open water or by waiting
at a breathing hole, or by breaking
through the roof of a seal’s lair. Lairs are
excavated in snow drifts on top of the
ice. Bears also stalk seals in the spring
when they haul out on the ice in warm
weather. The relationship between ice
type and bear distribution is as yet
unknown, but it is suspected to be
related to seal availability.
5. Mortality
Polar bears are long-lived (up to 30
years) and have no natural predators,
and they do not appear to be prone to
death by diseases or parasites.
Cannibalism by adult males on cubs and
occasionally on other bears is known to
occur. The most significant source of
mortality is man. Before the MMPA was
passed in 1972, polar bears were taken
by sport hunters and residents. Between
1925 and 1972, the mean reported kill
was 186 bears per year. Seventy-five
percent of these were males, as cubs and
females with cubs were protected. Since
1972, only Alaska Natives from coastal
Alaskan villages have been allowed to
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hunt polar bears in the United States for
their subsistence uses or for handicraft
and clothing items for sale. The Native
hunt occurs without restrictions on sex,
age, or number provided that the
population is not determined to be
depleted. From 1980 to 2005, the total
annual harvest for Alaska averaged 101
bears: 64 percent from the Chukchi Sea
and 36 percent from the Beaufort Sea.
Other sources of mortality related to
human activities include bears killed
during research activities, euthanasia of
sick or injured bears, and defense of life
kills by non-Natives.
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6. Distributions and Abundance of Polar
Bears in the Chukchi Sea
Polar bears are seasonably abundant
in the Chukchi Sea and Lease Sale Area
193 and their distribution is influenced
by the movement of the seasonal pack
ice. Polar bears in the Chukchi and
Bering Seas move south with the
advancing ice during fall and winter
and move north in advance of the
receding ice in late spring and early
summer. The distance between the
northern and southern extremes of the
seasonal pack ice is approximately 800
miles. In May and June, polar bears are
likely to be encountered in the Lease
Sale Area 193 as they move northward
from the northern Bering Sea through
the Bering Strait into the southern
Chukchi Sea. During the fall/early
winter period, polar bears are likely to
be encountered in the Lease Sale Area
193 during their southward migration in
late October and November.
Furthermore, bears from the Southern
Beaufort Sea population can be
encountered in the Chukchi Sea as they
travel with the pack ice in search of
food. Polar bears are dependent upon
the sea ice for foraging and the most
productive areas seem to be near the ice
edge, leads, or polynas where the ocean
depth is minimal. In addition, polar
bears could be present along the
shoreline in this area as they will
opportunistically scavenge on marine
mammal carcasses washed up along the
shoreline.
Subsistence Use and Harvest Patterns of
Pacific Walruses and Polar Bears
Walruses and polar bears have been
traditionally harvested by Alaska
Natives for subsistence purposes. The
harvest of these species plays an
important role in the culture and
economy of many coastal communities
in Alaska and Chukotka. Walrus meat is
consumed by humans and dogs, and the
ivory is used to manufacture traditional
arts and crafts. Polar bears are primarily
hunted for their fur, which is used to
manufacture cold weather gear;
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however, their meat is also occasionally
consumed. The communities most
likely to be impacted by the proposed
activities are Point Hope, Point Lay,
Wainwright, and Barrow.
An exemption under section 101(b) of
the MMPA allows Alaska Natives who
reside in Alaska and dwell on the coast
of the North Pacific Ocean or the Arctic
Ocean to take walruses and polar bears
if such taking is for subsistence
purposes or occurs for purposes of
creating and selling authentic native
articles of handicrafts and clothing, as
long as the take is not done in a wasteful
manner. Under the terms of the MMPA,
there are no restrictions on the number,
season, or ages of walruses or polar
bears that can be harvested in Alaska. A
more restrictive Native to Native
agreement between the Inupiat from
Alaska and the Inuvialuit in Canada was
created for the Southern Beaufort Sea
stock of polar bears in 1988. Polar bears
harvested from the communities of
Barrow and Wainwright are currently
considered part of the Southern
Beaufort Sea stock and thus are subject
to the terms of the Inuvialuit-Inupiat
Polar Bear Management Agreement
(Agreement). The Agreement establishes
quotas and recommendations
concerning protection of denning
females, family groups, and methods of
take. Quotas are based on estimates of
population size and age-specific
estimates of survival and recruitment.
The polar bears harvested by the
communities of Point Hope and Point
Lay are thought to come primarily from
the Chukchi/Bering sea stock. Neither
Point Hope nor Point Lay hunters are
parties to the Agreement.
The Service collects information on
the subsistence harvest of walruses and
polar bears in Alaska through the
Marking, Tagging and Reporting
Program (MTRP). The program is
administered through a network of
MTRP ‘‘taggers’’ employed in
subsistence hunting communities. The
marking and tagging rule requires that
hunters report harvested walruses and
polar bears to MTRP taggers within 30
days of kill. Taggers also certify (tag)
specified parts (ivory tusks for walruses,
hide and skull for polar bears) to help
control illegal take and trade. It is
unknown what proportion of the total
U.S. walrus harvest is reported through
the MTRP, although some estimates are
as low as 30 percent. Polar bear harvests
reported by the MTRP are believed to be
as high as 80 percent of the actual
subsistence harvest.
Harvest levels of polar bears and
walruses in these communities vary
considerably between years, presumably
in response to differences in animal
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distributions and ice conditions.
Descriptive information on subsistence
harvests of walruses and polar bears in
each community is presented below.
Point Hope
Between 1990 and 2005, the average
annual walrus harvest recorded through
the MTRP at Point Hope was 5.6 (± 5.8,
SD) animals per year. Point Hope
hunters typically begin their walrus
hunt in late May and June as walruses
migrate into the Chukchi Sea. The sea
ice is usually well off shore of Point
Hope by July and does not bring animals
back into the range of hunters until late
August and September. Most (70.8
percent) of the reported walrus harvest
at Point Hope occurred in the months of
June and September. Most of the
walruses recorded through the MTRP at
Point Hope were taken within five miles
of the coast, or near coastal haulout sites
at Cape Lisburne and Cape Thompson.
Between 1990 and 2005, the average
reported polar bear harvest at Point
Hope was 12.1 ± 4.1 animals per year.
Polar bear harvests typically occur from
January to April. Most of the polar bears
reported through the MTRP program
were harvested within 10 miles of the
community; however, residents also
reported taking polar bears as far away
as Cape Thompson and Cape Lisburne.
Point Lay
Point Lay hunters reported an average
of 4.4 ± 3.4 walruses per year between
1990 and 2005. Based on MTRP data,
walrus hunting in Point Lay peaks in
June-July with 84.4 percent of all
walruses being harvested during these
months. Historically, harvests have
occurred primarily within 40 miles
north and south along the coast from
Point Lay and approximately 30 miles
offshore.
Between 1990 and 2005, the average
reported polar bear harvest at Point Lay
was 2.2 ± 1.8 animals per year. The only
information on harvest locations comes
from the MTRP database; all reported
harvest occurred within 25 miles of
Point Lay.
Wainwright
Wainwright hunters have consistently
harvested more walruses than any other
subsistence community on the North
Slope. Between 1990 and 2005, the
average reported walrus harvest in
Wainwright was 50.8 ± 30.0 animals per
year. A discrepancy between MTRP data
and other sources of harvest information
is noted. Walruses are thought to
represent approximately 40 percent of
the communities’ annual subsistence
diet of marine mammals. Wainwright
residents hunt walruses from June
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through August as the ice retreats
northward. Walruses are plentiful in the
pack-ice near the village this time of
year. Most (85.2 percent) of the harvest
occurs in June and July. Most walrus
hunting is thought to occur within 20
miles of the community, in all
directions.
Between 1990 and 2005, the average
reported polar bear harvest at
Wainwright was 6.8 ± 4.0 animals per
year. Polar bears are harvested
throughout much of the year, with peak
harvests reported in May and December.
Polar bear are often harvested
coincidentally with beluga and
bowhead whale harvests. MTRP data
indicates that most hunting occurs
within 10 miles of the community.
Barrow
Barrow is the northernmost
community within the geographical
region being considered. Most (88.6
percent) walrus hunting occurs in June
and July when the land-fast ice breaks
up and hunters can access the walruses
by boat as they migrate north on the
retreating pack-ice. Walrus hunters from
Barrow sometimes range up to 60 miles
from shore; however, most harvests
reported through the MTRP have
occurred within 30 miles of the
community. Between 1990 and 2005,
the average reported walrus harvest in
Barrow was 26.0 ± 15.2 animals per
year.
Between 1990 and 2005, the average
reported polar bear harvest at Barrow
was 20.9 (+8.0 animals per year). The
number of polar bears harvested in
Barrow is thought to be influenced by
ice conditions and the number of people
out on the ice. Most (74 percent) of all
polar bear harvests reported by Barrow
residents occurred in February and
March. Although relatively few people
are thought to hunt specifically for polar
bears, those that do hunt primarily
between October and March. Hunting
areas for polar bears overlap strongly
with areas of bowhead subsistence
hunting; particularly the area from Point
Barrow South to Walakpa where walrus
and whale carcasses are known to
concentrate polar bears.
Potential Effects of Oil and Gas
Industry Activities on Pacific Walruses
and Polar Bears
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Pacific Walruses
1. Disturbance
Proposed oil and gas exploration
activities in the Chukchi Sea Region
include the operation of seismic survey
vessels, drill-ships, icebreakers, supply
boats, fixed-winged aircrafts, and
helicopters. Operating this equipment
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near walruses could result in
disturbances. Potential effects of
disturbances on walruses include
insufficient rest, increased stress and
energy expenditure, interference with
feeding, masking of communication,
and impaired thermoregulation of calves
spending too much time in the water.
Prolonged or repeated disturbances
could displace individuals or herds
from preferred feeding or resting areas.
Disturbance events frequently cause
walrus groups to abandon land or ice
haulouts. Severe disturbance events
occasionally result in trampling injuries
or cow-calf separations, both of which
are potentially fatal. Calves and young
animals at the perimeter of the herds
appear particularly vulnerable to
trampling injuries. Under certain ice
conditions, noise generated from
exploration activities could potentially
obstruct migratory pathways and
interfere with the free movements of
animals.
The response of walruses to
disturbance stimuli is highly variable.
Anecdotal observations by walrus
hunters and researchers suggest that
males tend to be more tolerant of
disturbances than females and
individuals tend to be more tolerant
than groups. Females with dependent
calves are considered least tolerant of
disturbances. Hearing sensitivity is
assumed to be within the 13 Hz and
1,200 Hz range of their own
vocalizations. Walrus hunters and
researchers have noted that walruses
tend to react to the presence of humans
and machines at greater distances from
upwind approaches than from
downwind approaches, suggesting that
odor is also a stimulus for a flight
response. The visual acuity of walruses
is thought to be less than for other
species of pinnipeds.
Seismic operations are expected to
add significant levels of noise into the
marine environment. There are
relatively few data available to evaluate
the potential response of walruses to
seismic operations. Although the
hearing sensitivity of walruses is poorly
known, source levels associated with
Marine 3D and 2D seismic surveys are
thought to be high enough to cause
temporary hearing loss in other
pinniped species. Therefore, walruses
within the 180-decibel (dB re 1 µPa)
safety radius for seismic activities could
potentially suffer shifts in hearing
thresholds and temporary hearing loss.
The reaction of walruses to vessel
traffic appears to be dependent upon
vessel type, distance, speed, and
previous exposure to disturbances.
Underwater noise from vessel traffic in
the Chukchi Sea could ‘‘mask’’ ordinary
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communication between individuals.
Ice management operations are expected
to have the greatest potential for
disturbances since these operations
typically require vessels to accelerate,
reverse direction, and turn rapidly,
activities that maximize propeller
cavitations and resulting noise levels.
Previous monitoring efforts suggest that
icebreaking activities can displace some
walrus groups up to several kilometers
away; however, most groups of hauled
out walruses showed little reaction
beyond 1/2 mile. Environmental
variables such as wind speed and
direction are also thought to contribute
to variability in detection and response.
Reactions of walruses to aircraft are
thought to vary with aircraft type, range,
flight pattern, and environmental
conditions as well as the age, sex, and
group size of exposed individuals.
Fixed-winged aircraft appear less likely
to elicit a response than helicopter overflights. Walruses are particularly
sensitive to changes in engine noise and
are more likely to stampede when
planes turn or fly low overhead.
Researchers conducting aerial surveys
for walruses in fixed-winged aircrafts
over sea ice habitats have observed little
reaction to aircrafts above 1,000 ft (305
m).
A lack of information concerning the
distribution and abundance of walruses
in the Chukchi Sea precludes a
meaningful assessment of the numbers
of animals likely to be impacted by
proposed exploration activities. Based
upon previous aerial survey efforts and
exploration monitoring programs,
walruses are expected to be closely
associated with seasonal pack ice during
the proposed operating season.
Therefore, in evaluating potential
impacts of exploration activities, broken
pack ice may serve as a reasonable
predictor of walrus abundance.
Activities occurring in or near sea ice
habitats are presumed to have the
greatest potential for impacting
walruses.
Geotechnical seismic surveys and
high-resolution site clearance seismic
surveys are expected to occur primarily
in open water conditions, at a sufficient
distance from the pack ice and large
concentrations of walruses to avoid
most disturbances. Based upon previous
seismic monitoring programs, seismic
surveys can be expected to interact with
relatively small numbers of walruses
swimming in open water. Industry will
adopt standard seismic mitigation
measures including the monitoring of a
180-dB ensonification exclusion zone,
which will reduce the potential for airgun pulses to injure walruses during
seismic operations. Although the
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hearing sensitivity of walruses is poorly
known, walruses swimming in open
water will likely be able to detect airgun pulses well beyond the 180-dB
safety radius. The most likely response
of walruses in open water to acoustic
and visual cues will be for animals to
move away from the source of the
disturbance. Because of the transitory
nature of the proposed seismic surveys,
impacts to walruses exposed to seismic
survey operations are expected to be
temporary in nature and have little or
no effects on survival or recruitment.
Marine mammal monitoring programs
are expected to provide insight into the
response of walruses to various seismic
operations from which future mitigative
conditions can be developed.
Although seismic surveys are
expected to occur in areas of open water
some distance from the pack ice,
support vessels and/or aircraft
supporting seismic operations (1 every 2
weeks) may encounter aggregations of
walruses hauled out onto sea ice. The
sight, sound, or smell of humans and
machines could potentially displace
these animals from ice haulouts.
Because seismic operations are expected
to move throughout the Chukchi Sea,
impacts associated with support vessels
and aircrafts are likely to be distributed
in time and space. Therefore, noise and
disturbance from aircraft and vessel
traffic associated with seismic surveys
are expected to have relatively
localized, short-term effects. The
potential for disturbance events
resulting in injuries, mortalities, or
mother-calf separations is of concern.
The potential for injuries is expected to
increase with the size of affected walrus
aggregations. Mitigation measures
designed to separate Industry activities
from walrus aggregations are expected
to reduce the potential for animal
injuries, mortalities, and mother-calf
separations. Restricting offshore
exploration activities to the open-water
season (July 1–November 30) is
expected to reduce the number of
potential interactions between walruses
and industry operations occurring in or
near sea ice habitats. Adaptive
operational restrictions, including a 0.5mile (800-m) operational exclusion zone
for marine vessels, and a 1,000-ft
altitude restriction for aircraft flying
near walrus groups hauled-out onto sea
ice, are expected to reduce the intensity
of disturbance events and minimize the
potential for injuries, mortalities, and
mother-calf separations.
Drilling operations are expected to
occur at several offshore locations.
Although drilling activities are expected
to occur primarily during open water
conditions, the dynamic movements of
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sea ice could transport walruses within
range of drilling operations. Drilling
operations are expected to involve drill
ships attended by icebreaking vessels to
manage incursions of sea ice.
Monitoring programs associated with
exploratory drilling operations in the
Chukchi Sea in 1990 noted that 25
percent of walrus groups encountered in
the pack ice during icebreaking
operations responded by diving into the
water, with most reactions occurring
within 1 km of the ship.
Drilling operations will also be
supported by supply vessels (1–3 trips
per week) and/or helicopters (1–3 trips
per day) depending upon the distance
from shore. Support missions could
encounter aggregations of walruses on
sea ice along their transportation route.
Because drilling operations are expected
to last from 30–90 days at a single
location, walruses in the vicinity of
drilling operations could be subjected to
prolonged or repeated disturbances. The
most likely response of walruses
subjected to prolonged or repeated
disturbances will be for them to
abandon the area.
The distribution and abundance of
walruses in the Chukchi Sea is poorly
understood. Without knowledge of the
relative importance of various habitat
areas, or the likely locations of drilling
operations, it is difficult to predict the
number of animals likely to be impacted
by drilling operations. Additional
monitoring and mitigation measures
will be required in the event that a
prospective drill-site occurs in
important habitat areas. The MMS
permit stipulation identifying a 0.5-mile
operational exclusion zone around
groups of hauled-out walruses is
expected to help mitigate disturbances
to walruses near prospective drill sites.
Mitigation measures specified in an
LOA including requirements for icescouting, surveys for walruses and polar
bears in the vicinity of active drilling
operations and ice breaking activities,
requirements for marine mammal
observers onboard drill-ships and ice
breakers, and operational restrictions
near walrus and polar bear aggregations
are expected to further reduce the
potential for interactions between
walruses and drilling operations.
2. Waste Discharge and Oil Spills
The potential exists for fuel and oil
spills to occur from seismic and support
vessels, fuel barges, and drilling
operations. Little is known about the
effects of fuel and oil on walruses;
however, walruses may react to fuel and
oil much like other pinniped species.
Damage to the skin of pinnipeds can
occur from contact with oil because
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some of the oil penetrates into the skin,
causing inflammation and ulcers.
Exposure to oil can quickly cause
permanent eye damage. In studies
conducted on other species of
pinnipeds, pulmonary hemorrhage,
inflammation, congestion, and nerve
damage resulted after exposure to
concentrated hydrocarbon fumes for a
period of 24 hours. Walruses are
extremely gregarious animals and
normally associate in large groups;
therefore, any contact with spilled oil or
fuel could impact several individuals.
Exposure to oil could also impact
benthic prey species. Bivalve mollusks,
a favorite prey species of the walrus, are
not effective at processing hydrocarbon
compounds, resulting in highly
concentrated accumulations and longterm retention of contamination within
the organism. Exposure to oil may kill
prey organisms or result in slower
growth and productivity. Because
walrus feed primarily on mollusks, they
may be more vulnerable to a loss of this
prey species than other pinnipeds that
feed on a larger variety of prey.
Although fuel and oil spills has the
potential to cause adverse impacts to
walruses and prey species, operational
spills associated with the proposed
exploration activities are not considered
a major threat. Operational spills would
likely be of a relatively small volume,
and occur in areas of open water where
walrus densities are expected to be
relatively low. MMS operating
stipulations, including oil spill
prevention and response plans, reduce
both the risk and scale of potential
spills. Any impacts associated with an
operational spill are expected to be
limited to a small number of animals.
A potentially more serious type of oil
spill is the blowout, an uncontrolled
release of oil or gas from an exploratory
well. Blowout prevention technology
and well control procedures have been
designed to minimize the risk of a
blowout. Blowout prevention
technology will be required for all
exploratory drilling operations in the
Chukchi Sea, and the MMS considers
the likelihood of a blowout occurring
during exploratory drilling in the
Chukchi Sea as negligible (MMS DEIS).
3. Results of Previous Monitoring
Studies
Oil and gas related activities have
been conducted in the Beaufort and
Chukchi Seas since the late 1960’s.
Much more oil and gas related activity
has occurred in the Beaufort Sea OCS
than in the Chukchi Sea OCS. Many
offshore activities required ice
management (icebreaking), helicopter
traffic, fixed-wing aircraft monitoring,
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other support vessels and stand-by
barges. Though no studies have
examined the impacts of these activities
on the Pacific walrus population, some
information exists on encounter rates
and behavioral responses of individual
walruses to previous oil and gas related
activities.
Pacific walruses do not normally
range into the Beaufort Sea, although
individuals and small groups are
occasionally observed. From 1994 to
2004, Industry monitoring programs
recorded a total of nine walrus sightings
involving a total of 10 animals. Three of
the reported sightings involved
potential disturbances to walruses; two
sightings were of individual animals
hauled-out onto the armor of Northstar
Island, and one sighting occurred at the
McCovey prospect, where a walrus
appeared to react to helicopter noise.
Physical effects or impacts to individual
walruses were not noted. Because of the
small numbers of walruses encountered
by past and present oil and gas activity
in the Beaufort Sea, impacts to the
Pacific walrus population appear to
have been minimal.
Three pre-lease seismic surveys were
carried out in the Chukchi Sea OCS
planning area in 2006. Marine mammal
observers onboard the seismic and
support vessels recorded a total of 1,186
walrus sightings during their operations.
Most of the walrus sightings were
reported by seismic support vessels
during ice-scouting missions. Three
hundred and eighteen of the walruses
sighted (27 percent) exhibited some
form of behavioral response to the
vessels, primarily dispersal or diving.
Seismic vessels, operating in open water
conditions, recorded a total of 33 walrus
sightings. Marine mammal observers
reported 19 incidents in which walruses
were observed within a predetermined
safety zone of ensonification, requiring
the shutdown of airgun arrays to
prevent potential injuries. Based upon
the transitory nature of the survey
vessels, and the monitoring reports that
noted behavioral reactions of the
animals to the passage of the vessels,
our best assessment is that most of these
interactions resulted in no more than
temporary changes in animal behavior.
Aerial surveys and vessel-based
observations of walruses were carried
out in 1989 and 1990 to examine the
responses of walruses to drilling
operations at three Chukchi Sea drill
prospects. Aerial surveys documented
several thousand walruses in the
vicinity of the drilling prospects; most
of the animals (>90 percent) were
closely associated with sea ice. Vesselbased observations indicated that
walrus response to drilling operations
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was greatest during ice management
activities. The 1990 survey effort noted
that 25 percent of walrus groups
encountered in the pack ice during
icebreaking responded by diving into
the water, with most reactions occurring
within 1 km of the ship. The monitoring
report, noting that: (1) Walrus
distributions were closely linked with
pack ice; (2) pack ice was near active
drill prospects for relatively short time
periods; and (3) ice passing near active
prospects contained relatively few
animals, concluded that effects of the
drilling operations on walruses were
limited in time, geographical scale, and
proportion of the affected population.
4. Cumulative Effects
The following types of past, present,
and reasonably foreseeable actions and
factors have contributed to the
environmental baseline conditions in
the Chukchi Sea and could contribute to
potential cumulative effects on the
Pacific walrus population:
Commercial and Subsistence
Harvest—Walruses have an intrinsically
low rate of reproduction and, therefore,
are limited in their capacity to respond
to exploitation. In the late 19th century,
American whalers intensively harvested
walruses in the northern Bering and
southern Chukchi seas. Between 1869
and 1879, catches averaged more than
10,000 per year, with many more
animals struck and lost. The population
was substantially depleted by the end of
the century, and the industry collapsed
in the early 1900s. Since 1930, the
combined walrus harvests of the United
States and Russia have ranged from
2,300–9,500 animals per year. Notable
harvest peaks occurred during 1930–
1960 (4,500–9,500 per year) and in the
1980’s (5,000–9,000 per year).
Commercial hunting continued in
Russia until 1991 under a quota system
of up to 3,000 animals per year. Since
1992, the harvest of Pacific walruses has
been limited to the subsistence catch of
coastal communities in Alaska and
Chukotka. Harvest levels through the
1990s ranged from approximately
2,400–4,700 animals per year. Although
recent harvest levels are lower than
historic highs, the lack of information
on population size or trend precludes an
assessment of sustainable harvest rates.
Climate Change—Analysis of longterm environmental data sets indicate
that substantial reductions in both the
extent and thickness of the arctic sea-ice
cover have occurred over the past 20–
40 years, with record minimum extent
in 2002 and again in 2005, and extreme
minimal in 2003 and 2004. The Chukchi
Sea DEIS provides a comprehensive
literature review regarding potential
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impacts of diminishing sea ice on Arctic
marine mammals (V.C.8.b.). Walruses
rely on suitable sea ice as a substrate for
resting between foraging bouts, calving,
molting, isolation from predators, and
protection from storm events.
Reasonably foreseeable impacts to
walruses as a result of diminishing sea
ice cover include: Shifts in range and
abundance; population declines in prey
species; increased mortalities resulting
from storm events; and premature
separation of females and dependent
calves. The juxtaposition of sea ice over
shallow-shelf habitat suitable for
benthic feeding is critical to walruses.
Recent trends in the Chukchi Sea have
resulted in seasonal sea-ice retreating off
the continental shelf and over deep
Arctic Ocean waters, presenting
significant adaptive challenges to
walruses in the region. Future studies
investigating walrus distributions,
population status and trends, and
habitat use patterns in the Chukchi Sea
are required to understand and respond
to walrus conservation and management
issues associated with changes in the
sea ice environment.
Commercial Fishing and Marine
Vessel Traffic—Based on available data,
walruses rarely interact with
commercial fishing and marine vessel
traffic. Walruses are normally closely
associated with sea ice, which limits
their interactions with fishing vessels
and barge traffic. However, as
previously noted, the temporal and
seasonal extent of the sea ice is
projected to diminish in the future.
There has been speculation recently that
commercial shipping through the
Northwest Passage is likely to increase
in the coming decades. Commercial
fishing opportunities may also expand
should the sea ice continue to diminish.
The result could be increased temporal
and spatial overlap between fishing and
shipping operations and walrus habitat
use and increased interactions between
walruses and marine vessels.
Past Offshore Oil and Gas Related
Activities—Oil and gas related activities
have been conducted in the Chukchi
and Beaufort Seas since the late 1960’s.
Much more oil and gas related activity
has occurred in the Beaufort Sea than in
the Chukchi Sea OCS. Pacific walruses
do not normally range into the Beaufort
Sea, and documented interactions
between oil and gas activities and
walruses have been minimal (see
Results of Previous Monitoring Studies).
The Chukchi Sea OCS has previously
experienced some oil and gas
exploration activity, but no
development or production. Because of
the transitory nature of past oil and gas
activities in any given region, we do not
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expect that any of these encounters had
lasting effects on individuals or groups
(see Results of Previous Monitoring
Studies).
Contribution of Proposed Activities to
Cumulative Impacts—The proposed
seismic surveys and exploratory drilling
operations identified by the petitioners
are likely to result in some incremental
cumulative effects to walruses through
the potential exclusion or avoidance of
walruses from feeding or resting areas
and disruption of important associated
biological behaviors. However,
relatively few walruses are likely to
interact with exploration activities in
open sea conditions where most of the
proposed activities are expected to
occur. Required mitigation measures are
also expected to limit the severity of any
behavioral responses. Therefore, we
conclude that the proposed exploration
activities, especially as mitigated
through the regulatory process, are not
expected to add significantly to the
cumulative impacts on the Pacific
walrus population from past, present,
and future activities that are reasonably
likely to occur within the 5-year period
covered by the regulations if adopted.
5. Evaluation
Based on our review of the proposed
activities; existing operating conditions
and mitigation measures; information
on the biology, ecology, and habitat use
patterns of walruses in the Chukchi Sea;
information on potential effects of oil
and gas activities on walruses; and the
results of previous monitoring efforts
associated with Industry activity in the
Beaufort and Chukchi Seas, we
conclude that, while the incidental take
(by harassment) of walruses is
reasonably likely to or reasonably
expected to occur as a result of the
proposed activities, most anticipated
takes will be limited to temporary,
nonlethal disturbances impacting a
relatively small proportion of the Pacific
walrus population. It is unlikely that
there will be any lethal take due to
Industry activities.
We propose a finding that the total
expected takings of walruses associated
with the proposed activities will have a
negligible impact on this species. This
proposed finding is based on the
supposition that most of the Pacific
walrus population will be associated
with sea ice during the operating
season; that relatively few animals will
be found in areas of open water where
proposed activities will occur; and, that
required mitigation measures will
reduce the intensity of disturbance
events to short-term behavioral
responses. Site-specific monitoring
programs and adaptive mitigation
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measures will be used to ensure that
impacts associated with the proposed
activities are not greater than
anticipated. Additional mitigation
measures described in the proposed rule
will help reduce the level of Industry
impacts to walruses during exploration
activities through the promulgation of
incidental take regulations and the
issuance of LOAs with site-specific
operating restrictions and monitoring
requirements, which will provide an
additional level of mitigation and
protection for walruses.
Polar Bears
1. Disturbance
In the Chukchi Sea, polar bears will
have a limited presence during the
open-water season during Industry
operations. It is assumed they generally
move to the northwestern portion of the
Chukchi Sea and distribute along the
pack ice during this time, which is
outside of the geographic region. This
limits the chances of impacts on polar
bears from Industry activities. Although
polar bears have been documented in
open-water, miles from the ice edge or
ice floes, this has been a relatively rare
occurrence.
A. Offshore Activities
In the open-water season, Industry
activities will be generally limited to
vessel-based exploration activities, such
as seismic surveys and site clearance
surveys. These activities avoid ice floes
and the multi-year ice edge; however,
they could contact a limited number of
bears in open water.
Seismic exploration activities in the
Chukchi Sea could affect polar bears in
a number of ways. Seismic ships and
icebreakers may be physical
obstructions to polar bear movements,
although these impacts are of short term
and localized effect. Noise, sights, and
smells produced by exploration
activities could repel or attract bears,
either disrupting their natural behavior
or endangering them by threatening the
safety of seismic personnel.
Little research has been conducted on
the effects of noise on polar bears. Polar
bears are curious and tend to investigate
novel sights, smells, and possibly
noises. Noise produced by seismic
activities could elicit several different
responses in polar bears. Noise may act
as a deterrent to bears entering the area
of operation, or the noise could
potentially attract curious bears.
In general, little is known about the
potential for seismic survey sounds to
cause auditory impairment or other
physical effects in polar bears. Available
data suggest that such effects, if they
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occur at all, would be limited to short
distances and probably to projects
involving large airgun arrays. There is
no evidence that airgun pulses can
cause serious injury, or death, even in
the case of large airgun arrays. Also, the
planned monitoring and mitigation
measures include shut-downs of the
airguns, which will reduce any such
effects that might otherwise occur. Polar
bears normally swim with their heads
above the surface, where underwater
noises are weak or undetectable. Thus,
it is doubtful that any single bear would
be exposed to strong underwater seismic
sounds long enough for significant
disturbance to develop.
Polar bears are known to run from
sources of noise and the sight of vessels
or icebreakers, aircraft, and helicopters.
The effects of fleeing from aircraft may
be minimal if the event is short and the
animal is otherwise unstressed. On a
warm spring or summer day, a short run
may be enough to overheat a wellinsulated polar bear; however, fleeing
from a working icebreaker may have
minimal effects for a healthy animal on
a cool day.
As already stated, it is assumed that
polar bears spend the majority of their
time on pack ice during the open-water
season in the Chukchi Sea, which limits
the chance of impacts from human and
industry activities. In recent years, the
Chukchi Sea pack ice has receded over
the Continental Shelf during the open
water season. Although this poses
potential foraging ramifications, by its
nature the exposed open water creates a
barrier between the majority of the ice
pack-bound bear population and human
activity occurring in open water.
Researchers have observed that in
some cases bears swim long distances
during the open-water period seeking
either ice or land. In 2005, researchers
monitored one radio-collared individual
as it swam through ice-free waters from
Kotzebue north to the pack ice 350
miles away. The bear began swimming
on June 16, 2005, rested twice in open
water, presumably on icebergs and
eventually reached the pack ice on July
2, 2005. Researchers suspected that the
bear was not swimming constantly, but
found solitary icebergs or remnants to
haul-out on and rest. The movement is
unusual, but highlights the ice-free
environment that bears are being
increasingly exposed to that requires
increased energy demands.
In addition, swimming bears could
become vulnerable to exhaustion and
storm events with large waves because
ice floes dissipate and become
unavailable or unsuitable for use as
haulouts or resting platforms. In the fall
of 2004, four drowned polar bears were
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observed in the Beaufort Sea during an
MMS coastal aerial survey program.
Seismic activities avoid ice floes and
the pack-ice edge; however, they may
contact bears in open water. It is
unlikely that seismic exploration
activities would result in more than
temporary behavioral disturbance to
polar bears.
Vessel traffic could result in shortterm behavioral disturbance to polar
bears. If a ship is surrounded by ice, it
is more likely that curious bears will
approach. Any on-ice activities required
by exploration activities create the
opportunity for bear-human
interactions. In relatively ice-free
waters, polar bears are less likely to
approach ships, although they could be
encountered on ice floes. For example,
during the late 1980s, at the Belcher
exploration drilling site in the Beaufort
Sea, in a period of little ice, a large floe
threatened the drill rig at the site. After
the floe was moved by an icebreaker,
workers noticed a female bear with a
cub-of-the-year and a lone adult
swimming nearby. It was assumed these
bears had been disturbed from the ice
floe.
Ships and ice breakers may act as
physical obstructions, altering or
intercepting bear movements in the
spring during the start-up period for
exploration if they transit through a
restricted lead system, such as the
Chukchi Polyna. Polynas are important
habitat for polar bears and other marine
mammals, which makes them important
hunting areas for polar bears. A similar
situation could occur in the fall when
the pack-ice begins to expand.
Separation of polar bears, whether on
land or ice or in water, and marine
vessels by creating an operational
exclusion zone would limit potential
impact of marine vessels to polar bears.
Routine aircraft traffic should have
little to no effect on polar bears;
however, extensive or repeated overflights of fixed-wing aircraft or
helicopters could disturb polar bears.
Behavioral reactions of polar bears are
expected to be limited to short-term
changes in behavior that would have no
long-term impact on individuals and no
impacts on the polar bear population.
Monitoring and mitigation measures
required for open water, offshore
activities will include, but will not be
limited to (1) a 0.5-mile operational
exclusion zone around polar bear(s) on
land, ice or swimming; (2) MMOs on
board all vessels; (3) requirements for
ice-scouting, (4) surveys for polar bears
in the vicinity of active operations and
ice breaking activities; and (5)
operational restrictions near polar bear
aggregations. These mitigation measures
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are expected to further reduce the
potential for interactions between polar
bears and offshore operations.
B. Onshore Activities
Onshore activities will have the
potential to interact with polar bears
mainly during the fall and ice-covered
season when bears come ashore to feed,
den, or travel. Noise produced by
Industry activities during the openwater and ice-covered seasons could
potentially result in takes of polar bears
at onshore activities. During the icecovered season, denning female bears,
as well as mobile, non-denning bears,
could be exposed to oil and gas
activities, such as seismic exploration or
exploratory drilling facilities, and could
potentially be affected in different ways.
Noise disturbance can originate from
either stationary or mobile sources.
Stationary sources include exploratory
drilling operations and their associated
facilities. Mobile sources include ice
road construction and associated
vehicle traffic, including: tracked
vehicles and snowmobiles, aircraft
traffic, and vibroseis programs.
Noise produced by stationary Industry
activities could elicit several different
responses in polar bears. The noise may
act as a deterrent to bears entering the
area, or the noise could potentially
attract bears. Attracting bears to these
facilities, especially exploration
facilities in the coastal or nearshore
environment, could result in humanbear encounters, which could result in
unintentional harassment, lethal take, or
intentional hazing (under separate
authorization) of the bear.
During the ice-covered season, noise
and vibration from exploratory drilling
facilities could deter females from
denning in the surrounding area,
although polar bears have been known
to den in close proximity to industrial
activities without any perceived
impacts. For example, in 1991, two
maternity dens were located on the
south shore of a barrier island within
2.8 km (1.7 mi) of a production facility.
In addition, during the ice-covered
season of 2001–2002, two known polar
bear dens were located within
approximately 0.4 km and 0.8 km (0.25
mi and 0.5 mi) of remediation activities
on Flaxman Island in the Beaufort Sea
without any observed impact to denning
success or the polar bears.
In contrast, information exists
indicating that polar bears may have
abandoned dens in the past due to
exposure to human disturbance. For
example, in January 1985, a female
polar bear may have abandoned her den
due to rolligon traffic, which occurred
between 250 and 500 meters from the
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den site. Researcher disturbance created
by camp proximity and associated
noise, which occurred during a den
emergence study in 2002 on the North
Slope, may have caused a female bear
and her cub(s) to abandon their den and
move to the ice sooner than necessary.
The female was observed later without
the cub(s). While such events may have
occurred, information indicates they
have been infrequent and isolated.
In addition, polar bears exposed to
routine industrial noises may acclimate
to those noises and show less vigilance
than bears not exposed to such stimuli.
This implication came from a study that
occurred in conjunction with industrial
activities performed on Flaxman Island
in 2002 and a study of undisturbed dens
in 2002 and 2003 (N = 8). Researchers
assessed vigilant behavior with two
potential measures of disturbance:
proportion of time scanning their
surroundings and the frequency of
observable vigilant behaviors. Bears
exposed to industrial activity spent less
time scanning their surroundings than
bears in undisturbed areas and engaged
in vigilant behavior significantly less
often.
As with offshore activities, routine
aircraft traffic should have little to no
effect on polar bears; however, extensive
or repeated over-flights of fixed-wing
aircraft for monitoring purposes or
helicopters used for re-supply of
Industry operations could disturb polar
bears. Behavioral reactions of nondenning polar bears are expect to be
limited to short-term changes in
behavior and would have no long-term
impact on individuals and no impacts
on the polar bear population. In
contrast, denning bears could abandon
or depart their dens early in response to
repeated noise such as that produced by
extensive aircraft over-flights.
Mitigation measures, such as minimum
flight elevations over polar bears or
areas of concern and flight restrictions
around known polar bear dens, will be
required, as appropriate, to reduce the
likelihood that bears are disturbed by
aircraft.
Noise and vibrations produced by
vibroseis activities during the icecovered season could potentially result
in impacts on polar bears. During this
time of year, denning female bears as
well as mobile, non-denning bears could
be exposed to and affected differently by
potential impacts from seismic
activities. The best available scientific
information indicates that female polar
bears entering dens, or females in dens
with cubs, are more sensitive than other
age and sex groups to noises.
Standardized mitigation measures will
be implemented to limit or minimize
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disturbance impacts to denning females.
These Industry mitigation measures are
currently in place in the Beaufort Sea
and are implemented when necessary
through LOAs and will be implemented
in the Chukchi Sea.
In the case of exploratory seismic or
drilling activities occurring around a
known bear den, each LOA will require
Industry to have developed a polar bear
interaction plan and will require
Industry to maintain a 1-mile buffer
between industry activities and known
denning sites to limit disturbance to the
bear. In addition, we may require
Industry to avoid working in known
denning habitat depending on the type
of activity, the location of activity and
the timing of the activity. To further
reduce the potential for disturbance to
denning females, we have conducted
research, in cooperation with Industry,
to enable us to accurately detect active
polar bear dens through the use of
Forward Looking Infrared (FLIR)
imagery.
FLIR imagery, as a mitigation tool, is
used in cooperation with coastal polar
bear denning habitat maps and scenttrained dogs. Industry activity areas,
such as coastal ice roads, are compared
to polar bear denning habitat and
transects are then created to survey the
specific habitat within the industry area.
FLIR heat signatures within a
standardized den protocol are noted and
further mitigation measures are placed
around these locations. These measures
include the 1-mile operational exclusion
zone or increased monitoring of the site.
FLIR surveys are more effective at
detecting polar bear dens than visual
observations. The effectiveness
increases when FLIR surveys are
combined with site-specific, scenttrained dog surveys.
Based on these evaluations, the use of
FLIR technology, coupled with trained
dogs, to locate or verify occupied polar
bear dens, is a viable technique that
helps to minimize impacts of oil and gas
industry activities on denning polar
bears. These techniques will continue to
be required as conditions of LOAs when
appropriate.
In addition, Industry has sponsored
cooperative research evaluating
transmission of noise and vibration
through the ground, snow, ice, and air
and the received levels of noise and
vibration in polar bear dens. This
information has been useful to refine
site-specific mitigation measures and
placement of facilities.
Furthermore, as part of the LOA
application for seismic surveys during
denning season, Industry provides us
with the proposed seismic survey
routes. To minimize the likelihood of
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disturbance to denning females, we
evaluate these routes along with
information about known polar bear
dens, historic denning sites, and
delineated denning habitat. Should a
potential denning site be identified
along the survey route, FLIR or polar
bear scent-trained dogs, or both, will be
used to determine whether the den is
occupied, in which case a 1-mile buffer
surrounding the den will be required.
There is the potential for Industry
activities other than seismic, such as
transport activities and ice road
construction, to contact polar bear dens
as well. Known polar bear dens around
the oil and gas activities are monitored
by the Service, when practicable. Only
a small percentage of the total active
den locations are known in any year.
Industry routinely coordinates with the
Service to determine the location of
Industry’s activities relative to known
dens. General LOA provisions will be
similar to those imposed on seismic
activities and will require Industry
operations to avoid known polar bear
dens by 1 mile. There is the possibility
that an unknown den may be
encountered during Industry activities.
Industry is required to contact the
Service, if a previously unknown den is
identified. Communication between
Industry and the Service and the
implementation of mitigation measures,
such as the 1-mile operational exclusion
area around known dens, would ensure
that disturbance is minimized.
Human encounters can be dangerous
for both the polar bear and the human.
These can occur during an onshore
vibroseis program or at a drilling
facility. Whenever humans work in the
habitat of the animal, there is a chance
of an encounter, even though,
historically, such encounters have been
uncommon in association with Industry.
Encounters are more likely to occur
during fall and winter periods when
greater numbers of the bears are found
in the coastal environment searching for
food and possibly den sites later in the
season. Potentially dangerous
encounters are most likely to occur at
coastal exploratory sites. In the Beaufort
Sea, Industry has developed and uses
devices to aid in detecting polar bears,
including bear monitors, motion, and
infrared detection systems. Industry also
takes steps to actively prevent bears
from accessing facilities using safety
gates and fences. The types of detection
and exclusion systems are implemented
on a case-by-case basis with guidance
from the Service and depend on the
location and needs of the facility.
Industry will implement these same
mitigative measures in the Chukchi Sea
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region to minimize disturbance of polar
bears.
Onshore drilling sites near the
coastline could potentially attract polar
bears. Polar bears use the coastline as a
travel corridor. In the Beaufort Sea, the
majority of polar bear observations have
occurred along the coastline. Most bears
were observed as passing through the
area; however, nearshore facilities could
potentially increase the rate of humanbear encounters, which could result in
increased incident of harassment of
bears. Employee training and company
policies through interaction plans will
be implemented to reduce and mitigate
such encounters. Based on the history of
effective application of interaction plans
that has resulted in reduced interactions
between polar bear and humans, no
injuries or deaths to humans since the
implementation of incidental take
regulations, the Service concludes that
interaction plans are an effective means
of reducing Industry impacts to polar
bears.
Depending upon the circumstances,
bears can be either repelled from or
attracted to sounds, smells, or sights
associated with onshore Industry
activities. In the past, such interactions
have been mitigated through conditions
on the LOA, which require the applicant
to develop a polar bear interaction plan
for each operation. These plans outline
the steps the applicant will take, such
as garbage disposal and snow
management procedures, to minimize
impacts to polar bears by reducing the
attraction of Industry activities to polar
bears. Interaction plans also outline the
chain of command for responding to a
polar bear sighting. In addition to
interaction plans, Industry personnel
participate in polar bear interaction
training while on site.
Employee training programs are
designed to educate field personnel
about the dangers of bear encounters
and to implement safety procedures in
the event of a bear sighting. The result
of these polar bear interaction plans and
training allows personnel on site to
detect bears and respond safely and
appropriately. Often, personnel are
instructed to leave an area where bears
are seen. Many times polar bears are
monitored until they move out of the
area. Sometimes, this response involves
deterring the bear from the site. If it is
not possible to leave, in most cases
bears can be displaced by using forms
of deterrents, such as vehicles, vehicle
horn, vehicle siren, vehicle lights, spot
lights, or, if necessary, pyrotechnics
(e.g., cracker shells). The purpose of
these plans and training is to eliminate
the potential for injury to personnel or
lethal take of bears in defense of human
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life. Since 1993, when the incidental
take regulations became effective in the
Beaufort Sea, there has been no known
instance of a bear being killed or
Industry personnel being injured by a
bear as a result of Industry activities.
The mitigation measures associated
with the Beaufort Sea incidental take
regulations have proven to minimize
human-bear interactions and will be
part of the requirements of future LOAs
associated with the Chukchi Sea
incidental take regulations.
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C. Effect on Prey Species
Ringed seals are the primary prey of
polar bears. Bearded seals are also a
prey source. Industry will mainly have
an effect on seals through the potential
for contamination (oil spills) or
industrial noise disturbance. Oil and gas
activities in the Chukchi Sea are
anticipated to have the same effects of
contamination from oil discharges for
seals as those described in the current
Beaufort Sea incidental take regulations
(71 FR 43926; August 2, 2006) in the
section ‘‘Potential Impacts of Waste
Product Discharge and Oil Spills on
Pacific Walruses and Polar Bears’’ and
the ‘‘Pacific Walruses’’ subsection of
this document). Studies have shown
that seals can be displaced from certain
areas, such as pupping lairs or haulouts,
and abandon breathing holes near
Industry activity. However, these
disturbances appear to have minor
effects and are short term. In the
Chukchi Sea, offshore operations have
the highest potential to impact seals;
however, due to the seasonal aspect
(occurring only during the open-water
season) of offshore operations, the
Service anticipates minimal disturbance
to ringed and bearded seals. In addition,
the National Marine Fisheries Service,
having jurisdiction over the
conservation and management of ringed
and bearded seals, is evaluating the
potential impacts of oil and gas
exploration activities in the Chukchi
Sea and will identify appropriate
mitigation measures for those species, if
a negligible finding is appropriate. The
Service does not expect prey availability
to be significantly changed due to
Industry activities. Mitigation measures
for pinnipeds required by MMS and
NMFS will reduce the impact of
Industry activities on ringed and
bearded seals.
2. Waste Discharge and Potential Oil
Spills
Individual polar bears can potentially
be affected by Industry activities
through waste product discharge and oil
spills. Spills are unintentional releases
of oil or petroleum products. In
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accordance with the National Pollutant
Discharge Elimination System Permit
Program, all North Slope oil companies
must submit an oil spill contingency
plan with their projects. It is illegal to
discharge oil into the environment, and
a reporting system requires operators to
report spills. According to MMS, on the
Beaufort and Chukchi OCS, the oil
industry has drilled 35 exploratory
wells. During the time of this drilling,
industry has had 35 small spills totaling
26.7 bbl or 1,120 gallons (gal). Of the
26.7 bbl spilled, approximately 24 bbl
were recovered or cleaned up. Larger
spills (>1,000 bbl) accounted for much
of the annual volume. Six large spills
occurred between 1985 and 2006 on the
North Slope. These spills were
terrestrial in nature and posed minimal
harm to walruses and polar bears. Based
on the history of effective application of
oil spill plans, to date, no major
exploratory offshore oil spills have
occurred on the North Slope in either
the Beaufort or Chukchi Seas.
Historical large spills associated with
Alaskan oil and gas activities on the
North Slope have been productionrelated, and have occurred at
production facilities or pipeline
connecting wells to the Trans-Alaska
Pipeline System. MMS estimates the
chance of a large (≥1,000 bbl) oil spill
from exploratory activities in the
Chukchi Sea to be low based on the
types of spills recorded in the Beaufort
Sea. For this rule, potential oil spills for
exploration activities will likely occur
with the marine vessels. From past
experiences, MMS believes these will
most likely be localized and relatively
small. Spills in the offshore or onshore
environments classified as small could
occur during normal operations (e.g.,
transfer of fuel, handling of lubricants
and liquid products, and general
maintenance of equipment). Potential
large spills in the Chukchi Sea region
will likely be the result of drilling
platforms. Drilling platforms have
containment ability in case of a
blowout, and the amount of release is
expected to be minimal.
The possibility of oil and waste
product spills from Industry activities in
the Chukchi Sea and the subsequent
impacts on polar bears is a concern;
however, due to the type of Industry
activity planned for the area, the
potential for spills would be limited to
the open-water season in the offshore.
Hence, polar bears could encounter oil
spills during the open-water and icecovered seasons in offshore or onshore
habitat. Although the majority of the
Chukchi Sea polar bear population
spends a large amount of their time
offshore on the pack ice, some bears are
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likely to encounter oil from a spill
regardless of the season and location.
Small spills of oil or waste products
throughout the year by Industry
activities on land could potentially
impact small numbers of bears. The
effects of fouling fur or ingesting oil or
wastes, depending on the amount of oil
or wastes involved, could be short term
or result in death. For example, in April
1988, a dead polar bear was found on
Leavitt Island, in the Beaufort Sea,
approximately 9.3 km (5 nautical miles)
northeast of Oliktok Point. The cause of
death was determined to be poisoning
by a mixture that included ethylene
glycol and Rhodamine B dye; however,
the source of the mixture was unknown.
During the ice-covered season,
mobile, non-denning bears would have
a higher probability of encountering oil
or other Industry wastes in the onshore
environment than non-mobile, denning
females as terrestrial and ocean habitats
are available. Current management
practices by Industry, such as requiring
the proper use, storage, and disposal of
hazardous materials, minimize the
potential occurrence of such incidents.
In the event of an oil spill, it is also
likely that polar bears would be
intentionally hazed to keep them away
from the area, further reducing the
likelihood of impacting individuals or
the population.
Oil exposure by polar bears could
occur through the consumption of
contaminated prey, and by grooming or
nursing affecting motility, digestion,
and absorption. Death could occur if a
large amount of oil were ingested.
Oiling can also cause thermoregulatory
problems and damage to various
systems, such as the respiratory and the
central nervous systems, depending on
the amount of exposure. Oil may also
affect the prey base of polar bears where
possible impacts from the loss of a food
source could reduce recruitment or
survival; however, because no
production activities are planned for the
Chukchi Sea during the duration of
these proposed regulations, the Service
does not expect prey availability to be
significantly changed due to Industry
activities. A detailed description of
potential effects of exposure to oil by
polar bears can be found in the Beaufort
Sea Incidental Take Regulations (71 FR
43926; August 2, 2006).
3. Results of Previous Monitoring
Studies
There is limited information regarding
interactions between oil and gas
activities and polar bears in the Chukchi
Sea. In 1990, in conjunction with the
Shell Western E&P, Inc. walrus
monitoring program, 25 polar bears
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were observed in the pack ice between
June 29, and August 11, 1990.
Seventeen bears were encountered by
the Robert LeMeur during ice
reconnaissance survey before drilling
began at the prospects. During drilling
operations, four bears occurred near (<9
km or 5 n mi) active prospects, and the
remainder were considerably beyond
(15–40 km or 8–22 n mi.). These bears
responded to the drilling or icebreaking
operations by approaching (2), watching
(9), slowly moving away (7), or ignoring
(5) the activities; response was not
evaluated for two bears. The period of
exposure to the operations was
generally short because precautions
were taken to minimize disturbances,
including adjusting cruise courses away
from bears. Similar precautions were
followed in 1989 when 18 bears were
sighted in the pack ice during the
monitoring program. The results of the
1990 monitoring program concluded
that (1) polar bear distributions were
closely linked to the pack ice; (2) the
pack ice was near the active prospects
for a relatively brief time; and (3) the ice
passing near active prospects contained
relatively few animals.
In 2006, four polar bears were sighted
during three oil and gas seismic surveys.
All the bears were observed by seismic
support vessels. Three of the four bears
were observed walking on ice, and one
animal was observed swimming. Two of
the four reacted to the vessel. All four
sightings occurred between September 2
and October 3, 2006.
Five polar bear observations (11
individuals) were recorded during the
University of Texas at Austin’s marine
geophysical survey performed by the
USCG Healy in 2006. This survey was
located in the northern Chukchi Sea and
Arctic Ocean. All bears were observed
on the ice between July 21 and August
19. No polar bears were in the water
where they could have received
appreciable levels from operating
airguns. The closest point of approach
distances of bears from the USCG Healy
ranged from 780 m to 2.5 km. One bear
was observed approximately 575 m from
a helicopter conducting ice
reconnaissance. Four of the groups
exhibited possible reactions to the
helicopter or vessel, suggesting that
disturbances from seismic operations
can be short-term and limited to minor
changes in behavior.
Documented impacts on polar bears
by the oil and gas industry in the
Beaufort Sea during the past 30 years
appear minimal. Polar bears spend time
on land, coming ashore to feed, den, or
move to other areas. Recently, a change
in distribution of polar bears brought
about by changing climatic conditions
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has observed more bears than what has
occurred historically on land. At times,
fall storms deposit bears along the
coastline where bears remain until the
ice returns. For this reason, polar bears
have mainly been encountered at or
near most coastal and offshore
production facilities, or along the roads
and causeways that link these facilities
to the mainland. During those periods,
the likelihood of interactions between
polar bears and Industry activities
increases. Most bears are observed
within a mile from the coastline. We
expect that this use of habitat will occur
along the Chukchi Sea coastline as well.
The majority of actual impacts on
polar bears in the Beaufort Sea have
resulted from direct human-bear
encounters. Monitoring efforts by
Industry required under Beaufort Sea
regulations for the incidental take of
polar bears documented various types of
interactions between polar bears and
Industry. A total of 269 LOAs have been
issued for incidental (unintentional)
take of polar bears in regard to oil and
gas activities between 1993 to 2005:
Approximately 76 percent were for
exploration activities.
In 2004, the oil and gas industry
reported 89 polar bear sightings
involving 113 individual bears. Polar
bears were more frequently sighted
during the months of August to January.
Seventy-four sightings were of single
bears and 15 sightings consisted of
family groups. Offshore oil facilities,
Northstar and Endicott, accounted for
63 percent of all polar bear sightings, 42
percent and 21 percent, respectively;
documenting Industry activities that
occur on or near the Beaufort Sea coast
have a greater possibility for
encountering polar bears than Industry
activities occurring inland. Fifty-nine
percent (n = 53) of polar bear sightings
consisted of observations of polar bears
traveling through or resting near the
monitored areas without a perceived
reaction to human presence. Forty-one
percent (n = 36) of polar bear sightings
involved Level B harassment, where
bears were deterred from industrial
areas with no injury.
We expect the same trends we have
seen in the Beaufort Sea to continue in
the Chukchi Sea. A higher frequency of
polar bears will be observed during the
fall and early winter months; single
bears will be seen more than family
groups; offshore facilities will encounter
more bears than onshore facilities; and
a higher percentage of bears will be
observed passing through Industry areas
than the percentage of bears involved in
deterrence activities.
Prior to issuance of regulations, lethal
takes by Industry were rare. Since 1968,
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there have been two documented cases
of lethal take of polar bears associated
with oil and gas activities. In both
instances, the lethal take was reported
to be in defense of human life. In winter
1968–1969, an Industry employee shot
and killed a polar bear. In 1990, a
female polar bear was killed at a drill
site on the west side of Camden Bay. In
contrast, 33 polar bears were killed in
the Canadian Northwest Territories from
1976 to 1986 due to encounters with
Industry. Since the beginning of the
incidental take program, which includes
measures that minimize impacts to the
species, no polar bears have been killed
due to encounters associated with
current Industry activities on the North
Slope. For this reason, Industry has
requested that these regulations cover
only nonlethal, incidental take. We
anticipate this trend to continue in the
Chukchi Sea.
4. Cumulative Effects
The Polar Bear Status Review
describes cumulative effects of oil and
gas development on polar bears in
Alaska. This document can be found at:
https://alaska.fws.gov/fisheries/mmm/
polarbear/issues.htm. The status review
concentrated on oil and gas
development in the Beaufort Sea
because of the established presence of
the Industry in the Beaufort Sea. The
Service believes the conclusions of the
status review will apply to Industry
activities in the Chukchi Sea during the
regulatory period as well.
In 2003, NRC published a description
of cumulative effects oil and gas
development would have on polar bears
and seals in Alaska. They concluded
that:
(1) ‘‘Industrial activity in the marine
waters of the Beaufort Sea has been
limited and sporadic and likely has not
caused serious cumulative effects to
ringed seals or polar bears.’’ Industry
activity in the Chukchi Sea will be
limited to exploration activities, such as
seismic, drilling, and support vessels.
(2) ‘‘Careful mitigation can help to
reduce the effects of oil and gas
development and their accumulation,
especially if there is no major oil spill.’’
The Service will be using mitigation
measures similar to those established in
the Beaufort Sea to limit impacts of
polar bears in the Chukchi Sea.
‘‘However, the effects of full-scale
industrial development off the North
Slope would accumulate through the
displacement of polar bears and ringed
seals from their habitats, increased
mortality, and decreased reproductive
success.’’ Full-scale development of this
nature will not occur during the
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proposed regulatory period in the
Chukchi Sea.
(3) ‘‘A major Beaufort Sea oil spill
would have major effects on polar bears
and ringed seals.’’ One of the concerns
for future oil and gas development is for
those activities that occur in the marine
environment due to the chance for oil
spills to impact polar bears or their
habitats. No production activities are
planned for the Chukchi Sea during the
duration of these proposed regulations.
Oil spills as a result of exploratory
seismic activity could occur in the
Chukchi Sea; however, the probability
of a large spill is expected to be
minimal.
(4) ‘‘Climatic warming at predicted
rates in the Beaufort and Chukchi sea
regions is likely to have serious
consequences for ringed seals and polar
bears, and those effects will accumulate
with the effects of oil and gas activities
in the region.’’ A detailed description of
climate change and its potential effects
on polar bears can be found at: https://
alaska.fws.gov/fisheries/mmm/
polarbear/issues.htm and https://
www.fws.gov/. Climate change could
alter polar bear habitat because seasonal
changes, such as extended duration of
open water, may preclude sea ice
habitat use by restricting some bears to
coastal areas. The reduction of sea ice
extent, caused by climate change, may
also affect the timing of polar bear
seasonal movements between the
coastal regions and the pack ice. If the
sea ice continues to recede as predicted,
it is hypothesized that polar bears may
spend more time on land rather than on
sea ice; similar to what has been
recorded in the Hudson Bay. As with
the Beaufort Sea, the challenge in the
Chukchi Sea will be predicting changes
in ice habitat, and coastal habitats in
relation to changes in polar bear
distribution and use of habitat.
Due to changes in sea ice conditions,
the Service anticipates that there may be
an increased use of terrestrial habitat in
the fall period by polar bears on the
western coast of Alaska and an
increased use of terrestrial habitat by
denning bears in the same area, which
may expose bears to Industry activity.
The mitigation measures will be
effective in minimizing any additional
effects attributed to seasonal shifts in
distributions of walruses or denning
polar bears during the five-year
timeframe of the regulations. It is likely
that, due to potential seasonal changes
in abundance and distribution of polar
bears during the fall, more frequent
encounters may occur and that Industry
may have to implement mitigation
measures more often, for example,
increasing polar bear deterrence events.
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In addition, if additional polar bear den
locations are detected within industrial
activity areas, spatial and temporal
mitigation measures, including
cessation of activities, may be instituted
more frequently during the five-year
period of the rule.
(5) ‘‘Unless studies to address the
potential accumulation of effects on
North Slope polar bears or ringed seals
are designed, funded, and conducted
over long periods of time, it will be
impossible to verify whether such
effects occur, to measure them, or to
explain their causes.’’ Future studies in
the Chukchi Sea will examine polar bear
habitat use and distribution,
reproduction, and survival relative to a
changing sea ice environment.
The proposed seismic surveys and
exploratory drilling operations
identified by the petitioners are likely to
result in some incremental cumulative
effects to polar bears through the
potential exclusion or avoidance of
polar bears from feeding, resting, or
denning areas and disruption of
associated biological behaviors.
However, the impact analysis of the
likely range of effects and the likelihood
of exposures resulting in individual
behavioral effects supports a conclusion
that the activities would result in no
more than temporary disturbance effects
and less than negligible effects on the
population.
5. Evaluation
The Service anticipates that potential
impacts of seismic noise, physical
obstructions, human encounters, prey
species, oil spills, and cumulative
effects on polar bears would be limited
to short-term changes in behavior that
would have no long-term impact on
individuals nor impacts to the polar
bear population. Individual polar bears
may be observed in the open water
during offshore activities, but the
majority of the population will be found
on the pack ice during this time of year.
It is unlikely that there will be any
lethal take due to Industry activities.
Potential impacts will be mitigated
through various requirements stipulated
within LOAs. Mitigation measures that
will be required for all projects include
a polar bear interaction plan, and a
record of communication with affected
villages that may serve as the precursor
to a Plan of Cooperation with the village
to mitigate effects of the project on
subsistence activities. Mitigation
measures that will be used on a case-bycase basis include the use of trained
marine mammal observers associated
with offshore, marine activities, the use
of den habitat maps (where
appropriate), the use of FLIR or polar
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bear scent-trained dogs to determine the
presence or absence of dens, timing of
the activity to limit disturbance around
dens, the 1-mile buffer surrounding
known dens, and suggested work
actions around known dens. The
Service implements certain mitigation
measures based on need and
effectiveness for specific activities based
largely on timing and location. For
example, the Service will implement
different mitigation measures for a 2month-long onshore exploration project
20 miles inland, than for a drilling
project on the coastline. Based on past
monitoring information, bears are more
prevalent in the coastal areas than 20
miles inland. Therefore, the monitoring
and mitigation measures that the
Service deems must be implemented to
limit the disturbance to bears and the
measures deemed necessary to limit
human-bear interactions may differ.
Potential impacts of Industry waste
products and oil spills suggest that
individual bears could be impacted by
this type of disturbance were it to occur.
Depending on the amount of oil or
wastes involved, the timing and location
of a spill, impacts could be short-term,
chronic, or lethal. In order for bear
population reproduction or survival to
be impacted, a large-volume oil spill
would have to take place. The
probability of a large oil spill occurring
throughout the duration of these
proposed regulations (5 years) is small
to the point that a large oil spill is not
expected to occur.
Mitigation measures imposed through
MMS lease stipulations are designed to
avoid Level A harassment (injury),
reduce Level B harassment, reduce the
potential for population-level significant
adverse effects on polar bears, and avoid
an unmitigable adverse impact on their
availability for subsistence purposes.
Additional mitigation measures
described in the proposed rule will help
reduce the level of Industry impacts to
polar bears during the exploration
activities through the promulgation of
incidental take regulations and the
issuance of LOAs with site-specific
operating restrictions and monitoring
requirements, which will provide
mitigation and protection for polar
bears. Therefore, we conclude that the
proposed exploration activities,
especially as mitigated through the
regulatory process, are not expected to
have more than negligible impacts on
polar bears in the Chukchi Sea and will
not have an unmitigable adverse impact
on the availability of polar bears for
subsistence uses.
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Potential Effects of Oil and Gas
Industry Activities on Subsistence Uses
of Pacific Walruses and Polar Bears
Walruses and polar bear have cultural
and subsistence significance to the
Inupiat Eskimos inhabiting the north
coast of Alaska. Four North Slope
communities are considered within the
potentially affected area: Point Hope,
Point Lay, Wainwright, and Barrow. The
open-water season for oil and gas
exploration activities coincides with
peak walrus hunting activities in these
communities. The subsistence harvest of
polar bears can occur year round in the
Chukchi Sea, depending on ice
conditions, with peaks usually
occurring in spring and fall.
Noise and disturbances associated
with oil and gas exploration activities
have the potential to adversely impact
subsistence harvests of walruses and
polar bears by displacing animals
beyond the hunting range of these
communities. Disturbances associated
with exploration activities could also
heighten the sensitivity of animals to
humans with potential impacts to
hunting success. Little information is
available to predict the effects of
exploration activities on the subsistence
harvest of walruses and polar bears.
Hunting success varies considerably
from year to year because of variable ice
and weather conditions.
The MMS and the petitioners believe
that exploration activities can be
conducted in a manner that will not
result in an adverse impact on
subsistence hunting of marine mammals
in the Chukchi Sea. Lease Sale Area 193
includes a 25-mile coastal deferral zone,
i.e., no lease sales will be offered within
25 miles of the coast, which is expected
to reduce the impacts of exploration
activities on subsistence hunting.
Offshore seismic exploration will be
restricted prior to July 1 to allow
migrating marine mammals the
opportunity to disperse from the coastal
zone. It is noted that support vessels
and aircrafts are expected to regularly
transit the coastal deferral zone and
have the potential to disturb marine
mammals in coastal hunting areas. MMS
Lease stipulations will require lessees to
consult with the subsistence
communities of Barrow, Wainwright,
Point Lay, and Point Hope prior to
submitting an Operational Plan to MMS
for exploration activities. The intent of
these consultations is to identify any
potential conflicts between proposed
exploration activities and subsistence
hunting opportunities in the coastal
communities. Where potential conflicts
are identified, MMS may require
additional mitigation measures as
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identified by NMFS and USFWS
through MMPA authorizations.
In addition to the existing lease
stipulations and mitigation measures
described above, the Service would also
develop additional mitigation measures
through the proposed incidental take
regulations. The following LOA
stipulations, which will mitigate
potential impacts to subsistence walrus
and polar bear hunting from the
proposed activities, would apply to
incidental take authorizations:
1. Prior to receipt of an LOA,
applicants will be required to contact
and consult with the communities of
Point Hope, Point Lay, Wainwright, and
Barrow to identify any additional
measures to be taken to minimize
adverse impacts to subsistence hunters
in these communities. A Plan of
Cooperation (POC) will be developed if
there is concern from community
members that the proposed activities
will impact subsistence uses of Pacific
walruses or polar bears. The POC must
address how applicants will work with
the affected Native communities and
what actions will be taken to avoid
interference with subsistence hunting of
walruses and polar bears. The Service
will review the POC prior to issuance of
the LOA to ensure that any potential
adverse effects on the availability of the
animals are minimized.
2. Take authorization will not be
granted for activities occurring within a
40-mile radius of Barrow, Wainwright,
Point Hope, or Point Lay, unless
expressly authorized by these
communities through consultations or
through a POC. This condition is
intended to limit potential interactions
between industry activities and
subsistence hunting in near-shore
environments.
3. Offshore seismic exploration
activities will be authorized only during
the open-water season, which will not
exceed the period of July 1 to November
30. This condition is intended to allow
communities the opportunity to
participate in subsistence hunts for
polar bears without interference and to
minimize impacts to walruses during
the spring migration.
4. A 15-mile separation must be
maintained between all active seismic
surveys and/or exploratory drilling
operations to mitigate cumulative
impacts to resting, feeding, and
migrating walruses.
Evaluation
Based on the best scientific
information available and the results of
harvest data, including affected villages,
the number of animals harvested, the
season of the harvests, and the location
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of hunting areas, we find that the effects
of the proposed exploration activities in
the Chukchi Sea region would not have
an unmitigable adverse impact on the
availability of walruses and polar bears
for taking for subsistence uses during
the period of the rule. In making this
finding, we considered the following:
(1) Historical data regarding the timing
and location of harvests; (2)
effectiveness of mitigation measures
stipulated by MMS-issued operational
permits; (3) Service regulations for
obtaining an LOA at 50 CFR 18.118),
which includes requirements for
community consultations and POCs, as
appropriate, between the applicants and
affected Native communities; (4)
effectiveness of mitigation measures
stipulated by Service issued LOAs; and
(5) anticipated effects of the applicants’
proposed activities on the distribution
and abundance of walruses and polar
bears.
Summary of Take Estimates for Pacific
Walruses and Polar Bears
Pacific Walruses
Based upon previous survey efforts in
the region, we expect walrus densities
to be relatively low in areas of open
water where most of the proposed
activities are expected to occur. Based
upon our review of the proposed
activities, previous monitoring studies,
as well as existing and proposed
mitigation measures, we conclude that,
while incidental take of walruses is
reasonably likely to or reasonably
expected to occur as a result of the
proposed activities, the anticipated
takes will be limited to nonlethal
disturbances, affecting a relatively small
number of animals and that most
disturbances will be relatively shortterm in duration. Furthermore, we do
not expect the anticipated level of take
from the proposed activities to affect the
rates of recruitment or survival of the
Pacific walrus population.
Polar Bears
Industry exploration activities have
the potential to incidentally take polar
bears. These disturbances are expected
to be nonlethal, short-term behavioral
reactions resulting in displacement, and
are not expected to have more than a
minimal impact on individuals. Polar
bears could be displaced from the
immediate area of activity due to noise
and vibrations. Alternatively, they could
be attracted to sources of noise and
vibrations out of curiosity, which could
result in human-bear encounters. It is
also possible that noise and human
activity from stationary sources, such as
a drill rig, could keep females from
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denning in the vicinity of the source if
activities occur in the late fall season
when females initiate denning.
Furthermore, there is a low chance of
injury to a bear during a take and it is
unlikely that lethal takes will occur.
Contact with, or ingestion of, oil could
also potentially affect polar bears. Small
oil spills are likely to be cleaned up
immediately and should have little
chance of affecting polar bears. The
probability of a large spill occurring is
small and the impact of a large spill
would depend on the distribution of the
bears at the time of the spill, the
location and size of the spill, and the
success of clean-up measures. We do
not expect the sum total of these
disturbances to affect the rates of
recruitment or survival of the ChukchiBering Sea polar bear population.
Conclusions
We conclude that any take reasonably
likely to or reasonably expected to occur
as a result of projected activities will
have no more than a negligible impact
on the Pacific walrus population or
polar bears inhabiting the specified
geographic region from the (Chukchi/
Bering seas or Southern Beaufort Sea
polar bear stocks) and will not have an
unmitigable adverse impact on the
availability of Pacific walruses and
polar bears for subsistence uses. Based
on the previous discussion, we propose
the following findings regarding this
action:
jlentini on PROD1PC65 with PROPOSALS2
Impact on Species
The Service finds that any incidental
take reasonably likely to result from the
effects of oil and gas related exploration
activities during the period of the rule,
in the Chukchi Sea and adjacent
western coast of Alaska will have no
more than a negligible impact on polar
bears and Pacific walruses in the
Chukchi Sea Region. In making this
finding, we considered the best
scientific information available, such as:
(1) The distribution of the species; (2)
the biological characteristics of the
species; (3) the nature of proposed oil
and gas industry activities; (4) the
potential effects of industry activities on
the species; (5) the documented impacts
of industry activities on the species; (6)
mitigation measures that will minimize
effects; and (7) other data provided by
monitoring programs in the Beaufort Sea
(1993–2006) and historically in the
Chukchi Sea (1991–1996). We also
considered the specific Congressional
direction in balancing the potential for
a significant impact with the likelihood
of that event occurring. The specific
Congressional direction that justifies
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balancing probabilities with impacts
follows:
If potential effects of a specified activity
are conjectural or speculative, a finding of
negligible impact may be appropriate. A
finding of negligible impact may also be
appropriate if the probability of occurrence is
low but the potential effects may be
significant. In this case, the probability of
occurrence of impacts must be balanced with
the potential severity of harm to the species
or stock when determining negligible impact.
In applying this balancing test, the Service
will thoroughly evaluate the risks involved
and the potential impacts on marine mammal
populations. Such determination will be
made based on the best available scientific
information [53 FR 8474, March 15, 1988;
132 Cong. Rec. S 16305 (October. 15, 1986)].
We reviewed the effects of the oil and
gas industry activities on Pacific
walruses and polar bears, which
included impacts from noise, physical
obstructions, human encounters, and
small operational oil spills. Based on
our review of these potential impacts,
past LOA monitoring reports, and the
biology and natural history of Pacific
walruses and polar bears, we conclude
that any incidental take reasonably
likely to or reasonably expected to occur
as a result of projected activities will
have a negligible impact on Pacific
walrus and polar bear populations.
Furthermore, we do not expect these
disturbances to affect the rates of
recruitment or survival for the Pacific
walrus and polar bear populations.
These regulations do not authorize
lethal take and we do not anticipate any
lethal take will occur.
Our finding of ’’negligible impact’’
applies to oil and gas exploration
activities. Generic conditions are
attached to each LOA. These conditions
minimize interference with normal
breeding, feeding, and possible
migration patterns to ensure that the
effects to the species remain negligible.
Generic conditions include: (1) These
regulations do not authorize intentional
taking of Pacific walruses or polar bears,
or lethal incidental take; (2) For the
protection of pregnant polar bears
during denning activities (den selection,
birthing, and maturation of cubs) in
known and confirmed denning areas,
Industry activities will be restricted in
specific locations during specified times
of the year; (3) Each activity covered by
an LOA requires a site-specific plan of
operation and a site-specific polar bear
interaction plan. We may also add
additional measures depending upon
site-specific and species-specific
concerns. For example, restrictions in
denning areas will be applied on a caseby-case basis after assessing each LOA
request and could require pre-activity
surveys (e.g., aerial surveys, FLIR
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30691
surveys, or polar bear scent-trained
dogs) to determine the presence or
absence of denning activity and, in
known denning areas, may require
enhanced monitoring or flight
restrictions, such as minimum flight
elevations, if necessary. Monitoring
requirements and operating restrictions
associated with offshore drilling
operations will include requirements for
ice-scouting, surveys for walruses and
polar bears in the vicinity of active
drilling operations, requirements for
marine mammal observers onboard drill
ships and ice breakers, and operational
restrictions near polar bear and walrus
aggregations. The Service expects no
significant impact to these species as a
result of these anticipated Industry
activities.
We will analyze the required
operation and polar bear interaction
plans to ensure that the level of activity
and possible take will be consistent
with our finding that total incidental
takes will have a negligible impact on
Pacific walruses and polar bears and,
where relevant, will not have an
unmitigable adverse impact on the
availability of these species for
subsistence uses.
As we have stated, changes in the sea
ice due to climate change could alter
polar bear habitat. Extended duration of
open water may preclude sea ice habitat
use by restricting some bears to coastal
areas. The reduction of sea ice extent,
caused by climate change, may also
affect the timing of polar bear seasonal
movements between the coastal regions
and the pack ice. If the sea ice continues
to recede as predicted, it is
hypothesized that polar bears may
spend more time on land rather than on
sea ice. As with the Beaufort Sea, the
challenge in the Chukchi Sea will be
predicting changes in ice habitat, barrier
islands, and coastal habitats in relation
to changes in polar bear distribution and
use of habitat.
Climate change over time is a major
concern to the Service, and we are
currently involved in the collection of
baseline data to help us understand how
the effects of climate change will be
manifested in bears inhabitating the
Chukchi Sea region, such as the
Chukchi/Bering Sea polar bear
population (https://alaska.fws.gov/
fisheries/mmm/polarbear/issues.htm).
As we gain a better understanding of
climate change effects on walruses and
polar bears, we will incorporate the
information in future actions. Ongoing
studies include those led by the USGS
Alaska Science Center, in cooperation
with the Service, to examine polar bear
habitat use, reproduction, and survival
relative to a changing sea-ice
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environment. Specific objectives of the
project include: polar bear habitat
availability and quality influenced by
ongoing climate changes and the
response by polar bears; the effects of
polar bear responses to climate-induced
changes to the sea-ice environment on
body condition of adults, numbers and
sizes of offspring, and survival of
offspring to weaning (recruitment); and
population age structure. The USGS
Alaska Science Center is also proposing
to investigate changes in walrus
distributions and habitat use patterns in
the Chukchi Sea in response to
diminishing sea-ice cover over the Outer
Continental Shelf.
Impact on Subsistence Take
Based on the best scientific
information available and the results of
harvest data, including affected villages,
the number of animals harvested, the
season of the harvests, and the location
of hunting areas, we find that the effects
of the proposed seismic activities in the
Chukchi Sea region would not have an
unmitigable adverse impact on the
availability of walruses and polar bears
for taking for subsistence uses during
the period of the rule. In making this
finding, we considered the following:
(1) Historical data regarding the timing
and location of harvests; (2)
effectiveness of mitigation measures
stipulated by Service regulations for
obtaining an LOA at 50 CFR 18.118,
which includes requirements for
community consultations and Plans of
Cooperation, as appropriate, between
the applicants and affected Native
communities; (3) by MMS-issued
operational permits; and (4) anticipated
5-year effects of Industry proposed
activities on subsistence hunting.
Applicants must use methods and
conduct activities identified in their
LOAs in a manner that minimizes to the
greatest extent practicable adverse
impacts on Pacific walruses and polar
bears, their habitat, and on the
availability of these marine mammals
for subsistence uses. Prior to receipt of
an LOA, applicants will be required to
consult with the Eskimo Walrus
Commission and the communities of
Point Hope, Point Lay, Wainwright, and
Barrow to discuss potential conflicts
with subsistence walrus and polar bear
hunting caused by the location, timing,
and methods of proposed operations.
Documentation of all consultations must
be included in LOA applications.
Documentation must include meeting
minutes, a summary of any concerns
identified by community members, and
the applicant’s responses to identified
concerns. If community concerns
suggest that the proposed activities
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could have an adverse impact on the
subsistence uses of these species,
conflict avoidance issues must be
addressed through a POC.
Where prescribed, holders of LOAs
will be required to have a POC on file
with the Service and on-site. The POC
must address how applicants will work
with potentially affected Native
communities and what actions will be
taken to avoid interference with
subsistence hunting opportunities for
walruses and polar bears. The POC must
include:
1. A description of the procedures by
which the holder of the LOA will work
and consult with potentially affected
subsistence hunters.
2. A description of specific measures
that have been, or will be taken to avoid
or minimize interference with
subsistence hunting of walruses and
polar bears, and to ensure continued
availability of the species for
subsistence use.
The Service will review the POC to
ensure any potential adverse effects on
the availability of the animals are
minimized. The Service will reject POCs
if they do not provide adequate
safeguards to ensure that marine
mammals will remain available for
subsistence use.
If there is evidence during the fiveyear period of the regulations that oil
and gas activities are affecting the
availability of walruses or polar bears
for take for subsistence uses, we will
reevaluate our findings regarding
permissible limits of take and the
measures required to ensure continued
subsistence hunting opportunities.
Monitoring and Reporting
The purpose of monitoring
requirements is to assess the effects of
industrial activities on walruses and
polar bears to ensure that take is
consistent with that anticipated in the
negligible-impact and subsistence use
analyses, and to detect any
unanticipated effects on the species.
Holders of LOAs will be required to
have an approved, site-specific marine
mammal monitoring and mitigation
plan on file with the Service and on site.
Marine mammal monitoring and
mitigation plans must be designed to
enumerate the number of walruses and
polar bears encountered during
authorized activities, estimate the
number of incidental takes which
occurred during authorized activities,
and evaluate the effectiveness of
prescribed mitigation measures.
Monitoring activities are summarized
and reported in a formal report each
year. The applicant must submit an
annual monitoring and reporting plan at
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least 90 days prior to the initiation of a
proposed activity, and the applicant
must submit a final monitoring report to
us no later than 90 days after the
completion of the activity. We base each
year’s monitoring objective on the
previous year’s monitoring results.
We require an approved plan for
monitoring and reporting the effects of
oil and gas industry exploration
activities on walruses and polar bears
prior to issuance of an LOA. We require
approval of the monitoring results for
continued authorization under the LOA.
Specific Stipulations for 2007 Shell
Offshore Inc. IHA
For the 2007 open-water season, the
IHA for Shell Offshore Inc. (SOI), which
is the only applicant for an incidental
harassment authorization under section
101(a)(5)(D) of the MMPA for the 2007
season, and whose activities are
described in Shell’s application at
https://alaska.fws.gov/fisheries/mmm/
itr.htm, would include all of the
prohibitions listed in section 18.117 of
this proposed rule and notice, as well as
any additional prohibitions and
restrictions identified through (1) a peer
review of the marine mammal
monitoring and mitigation plan as
required under section 18.118(a) of this
proposed rule and notice, and (2) a Plan
of Cooperation developed through
consultations with the communities of
Point Hope, Point Lay, Wainwright, and
Barrow as required under section
18.118(d) of this proposed rule and
notice. All of the monitoring, mitigation,
and reporting requirements in sections
18.118(a) through (h) of this proposed
rule and notice would also be included
in the 2007 IHA for SOI except for the
mitigation measures listed under section
18.118(g)(4), (5), and (6), and reporting
requirements listed under section
18.118(h)(4). The mitigation measures
listed in section 18.118(g)(4) and (5) are
not necessary because proposed
activities are limited to open-water
seismic exploration after July 1, with no
possibility of encountering denning
polar bears. The mitigation measure
identified in section 18.118(g)(6) would
not be required because no offshore
drilling has being proposed. The
reporting requirements identified in
18.118(g)(4) would not be required
because no on-shore activity has been
proposed.
Public Comments Solicited
We intend that any final action
resulting from this proposal will be as
accurate and as effective as possible.
Therefore, we solicit comments or
suggestions from the public, other
concerned governmental agencies, the
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scientific community, industry, or any
other interested party concerning this
proposed rule.
If you wish to comment, you may
submit your comments and materials
concerning this proposal by any one of
several methods, as listed above in
ADDRESSES. If you submit comments by
e-mail, please submit them as an ASCII
file format and avoid the use of special
characters and encryption. Please
include ‘‘Attn: [RIN 1018–AU41]’’ and
your name and return address in your
e-mail message. Please note that this email address will be closed out at the
termination of the public comment
period. Before including your address,
phone number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public view, we
cannot guarantee that we will be able to
do so.
jlentini on PROD1PC65 with PROPOSALS2
Clarity of the Rule
Executive Order 12866 requires each
agency to write regulations that are easy
to understand. We invite your
comments on how to make this rule
easier to understand, including answers
to questions such as the following:
(1) Are the requirements in the rule
clearly stated?
(2) Does the rule contain technical
language or jargon that interferes with
its clarity?
(3) Does the format of the rule
(grouping and order of sections, use of
headings, paragraphing, etc.) aid or
reduce its clarity?
(4) Would the rule be easier to
understand if it were divided into more
(but shorter) sections? (A ‘‘section’’
appears in bold type and is preceded by
the symbol ‘‘Sec.’’ and a numbered
heading; for example, Sec. 18.113.
When is this subpart effective?)
(5) Is the description of the rule in the
‘‘Supplementary Information’’ section of
the preamble helpful in understanding
the proposed rule?
(6) What else could we do to make the
rule easier to understand?
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public view, we
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cannot guarantee that we will be able to
do so.
Required Determinations
NEPA Considerations
We have prepared a draft
Environmental Assessment (EA) in
conjunction with this proposed
rulemaking. Subsequent to closure of
the comment period for this proposed
rule, we will decide whether this is a
major Federal action significantly
affecting the quality of the human
environment within the meaning of
Section 102(2)(C) of the National
Environmental Policy Act (NEPA) of
1969. For a copy of the draft
Environmental Assessment, contact the
individual identified above in the
section FOR FURTHER INFORMATION
CONTACT.
Endangered Species Act
In light of the Service’s recent
proposed rule to list polar bears as a
threatened species under the
Endangered Species Act (ESA) (72 FR
1064, January 9, 2007), additional
regulatory requirements may be
necessary for any agency actions
affecting polar bears. Currently, since
polar bears are proposed for listing but
not actually listed, conferencing under
section 7(a)(4) of the ESA is required if
an agency action is ‘‘likely to jeopardize
the continued existence of any species
proposed to be listed under section 4 [of
the ESA] or result in the destruction or
adverse modification of critical habitat
proposed to be designated for such
species.’’ Because this proposed rule
does not pose any likelihood of
jeopardy, conferencing is not required.
Regulatory Planning and Review
This document has not been reviewed
by the Office of Management and
Budget under Executive Order 12866
(Regulatory Planning and Review). This
rule, if adopted, will not have an effect
of $100 million or more on the
economy; will not adversely affect in a
material way the economy, productivity,
competition, jobs, environment, public
health or safety, of State, local, or tribal
governments or communities; will not
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; does not
alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the rights or obligations of
their recipients; and does not raise
novel legal or policy issues.
Expenses will be related to, but not
necessarily limited to, the development
of applications for regulations and
LOAs, monitoring, recordkeeping, and
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30693
reporting activities conducted during
Industry oil and gas operations,
development of polar bear interaction
plans, and coordination with Alaska
Natives to minimize effects of
operations on subsistence hunting.
Compliance with the rule is not
expected to result in additional costs to
Industry that it has not already been
subjected to for the previous 6 years.
Realistically, these costs are minimal in
comparison to those related to actual oil
and gas exploration operations. The
actual costs to Industry to develop the
petition for promulgation of regulations
(originally developed in 2005) and LOA
requests do not exceed $500,000 per
year, short of the ‘‘major rule’’ threshold
that would require preparation of a
regulatory impact analysis. As is
presently the case, profits would accrue
to Industry; royalties and taxes would
accrue to the Government; and the rule
would have little or no impact on
decisions by Industry to relinquish
tracts and write off bonus payments.
Small Business Regulatory Enforcement
Fairness Act
We have determined that this rule, if
adopted, would not be a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. The rule, if adopted, is
also not likely to result in a major
increase in costs or prices for
consumers, individual industries, or
government agencies or have significant
adverse effects on competition,
employment, productivity, innovation,
or on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic or export
markets.
Regulatory Flexibility Act
We have also determined that this
rule, if adopted, will not have a
significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act, 5
U.S.C. 601 et seq. Oil companies and
their contractors conducting
exploration, development, and
production activities in Alaska have
been identified as the only likely
applicants under the regulations.
Therefore, a Regulatory Flexibility
Analysis is not required. In addition,
these potential applicants have not been
identified as small businesses and,
therefore, a Small Entity Compliance
Guide is not required. The analysis for
this proposed rule is available from the
individual identified above in the
section FOR FURTHER INFORMATION
CONTACT.
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Takings Implications
This rule, if adopted, would not have
takings implications under Executive
Order 12630 because it authorizes the
nonlethal, incidental, but not
intentional, take of walruses and polar
bears by oil and gas industry companies
and thereby exempts these companies
from civil and criminal liability as long
as they operate in compliance with the
terms of their LOAs. Therefore, a takings
implications assessment is not required.
Federalism Effects
This proposed rule does not contain
policies with Federalism implications
sufficient to warrant preparation of a
Federalism Assessment under Executive
Order 13132. The MMPA gives the
Service the authority and responsibility
to protect walruses and polar bears.
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Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501, et
seq.), this rule, if adopted, would not
‘‘significantly or uniquely’’ affect small
governments. A Small Government
Agency Plan is not required. The
Service has determined and certifies
pursuant to the Unfunded Mandates
Reform Act that this rulemaking will not
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. This
rule will not produce a Federal mandate
of $100 million or greater in any year,
i.e., it is not a ‘‘significant regulatory
action’’ under the Unfunded Mandates
Reform Act.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, Secretarial Order 3225,
and the Department of the Interior’s
manual at 512 DM 2, we readily
acknowledge our responsibility to
communicate meaningfully with
federally recognized Tribes on a
Government-to-Government basis. We
have evaluated possible effects on
federally recognized Alaska Native
tribes. Through the LOA process
identified in the regulations, Industry
presents a Plan of Cooperation with the
Native Communities most likely to be
affected and engages these communities
in numerous informational meetings.
Civil Justice Reform
The Departmental Solicitor’s Office
has determined that these regulations do
not unduly burden the judicial system
and meet the applicable standards
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provided in Sections 3(a) and 3(b)(2) of
Executive Order 12988.
Paperwork Reduction Act
This proposed rule contains
information collection requirements. We
may not conduct or sponsor and a
person is not required to respond to a
collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number.
OMB has approved our collection of
information for incidental take of
marine mammals during specified
activities in the Beaufort Sea and
assigned OMB Control No. 1018–0070,
which expires October 31, 2007. We are
revising this collection to include
similar collections of information for
incidental take of marine mammals in
the Chukchi Sea. We are submitting a
request to OMB to approve this revised
collection for a 3-year term. We will use
the information that we collect to
evaluate applications for specific
incidental take regulations from the oil
and gas industry to determine whether
such regulations, and subsequent LOAs,
should be issued; the information is
needed to establish the scope of specific
incidental take regulations. The
information is also required to evaluate
impacts of activities on species or stocks
of marine mammals and on their
availability for subsistence uses by
Alaska Natives. It will ensure that
applicants considered all available
means for minimizing the incidental
take associated with a specific activity.
We estimate that up to 20 companies
will request LOAs and submit
monitoring reports annually for the
Beaufort and Chukchi Seas regions
covered by the specific regulations. We
estimate that the total annual burden
associated with the request will be 1,625
hours during years when applications
for regulations are required and 1,025
hours when regulatory applications are
not required. This represents an average
annual estimated burden taken over a 3year period, which includes the initial
300 hours required to complete the
request for specific procedural
regulations. We estimate that there will
be an annual average of six on-site
observation reports per LOA. For each
LOA expected to be requested and
issued subsequent to issuance of
specific procedural regulations, we
estimate that 33.5 hours per project will
be invested (24 hours will be required
to complete each request for an LOA,
approximately 1.5 hours will be
required for onsite observation
reporting, and 8 hours will be required
to complete each final monitoring
report). The public burden associated
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with the 3-year period covered by this
request for information collection
authority is estimated at 3,675 hours.
Title: Marine Mammals: Incidental
Take of Marine Mammals During
Specified Activities Applications, 50
CFR 18, Subparts I and J.
OMB Number: 1018–0070.
Bureau form number: None.
Frequency of collection: Semiannual.
Description of respondents: Oil and
gas industry companies.
Total Annual Responses: 202.
Total Annual Burden Hours: 1,625.
We invite interested members of the
public and affected agencies to
comment on these proposed information
collection and recordkeeping activities.
Comments are invited on: (1) Whether
or not the collection of information is
necessary for the proper performance of
the functions of the Service, including
whether or not the information will
have practical utility; (2) the accuracy of
our estimate of the burden for this
collection; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents.
Send your comments and suggestions
on this information collection to the
Desk Officer for the Department of the
Interior at OMB–OIRA at (202) 395–
6566 (fax) or
OIRA_DOCKET@OMB.eop.gov (e-mail).
Please provide a copy of your comments
to Hope Grey, Information Collection
Clearance Officer, Fish and Wildlife
Service, MS 222–ARLSQ, 4401 North
Fairfax Drive, Arlington, VA 22203
(mail); (703) 358–2269 (fax); or
hope_grey@fws.gov (e-mail).
Energy Effects
Executive Order 13211 requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. This proposed rule would
provide exceptions from the taking
prohibitions of the MMPA for entities
engaged in the exploration of oil and gas
in the Chukchi Sea and adjacent
western coast of Alaska. By providing
certainty regarding compliance with the
MMPA, this rule will have a positive
effect on Industry and its activities.
Although the rule requires Industry to
take a number of actions, these actions
have been undertaken by Industry for
many years as part of similar past
regulations. Therefore, this rule is not
expected to significantly affect energy
supplies, distribution, or use and does
not constitute a significant energy
action. No Statement of Energy Effects is
required.
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List of Subjects in 50 CFR Part 18
Administrative practice and
procedure, Alaska, Imports, Indians,
Marine mammals, Oil and gas
exploration, Reporting and
recordkeeping requirements,
Transportation.
Proposed Regulation Promulgation
For the reasons set forth in the
preamble, the Service proposes to
amend part 18, subchapter B of chapter
1, title 50 of the Code of Federal
Regulations as set forth below.
PART 18—MARINE MAMMALS
1. The authority citation of 50 CFR
part 18 continues to read as follows:
18.111 What specified activities does this
subpart cover?
18.112 In what specified geographic region
does this subpart apply?
18.113 When is this subpart effective?
18.114 How do I obtain a Letter of
Authorization?
18.115 What criteria does the Service use to
evaluate Letter of Authorization
requests?
18.116 What does a Letter of Authorization
allow?
18.117 What activities are prohibited?
18.118 What are the monitoring, mitigation,
and reporting requirements?
18.119 What are the information collection
requirements?
§ 18.111 What specified activities does
this subpart cover?
Authority: 16 U.S.C. 1361 et seq.
2. Amend part 18 by adding a new
subpart I to read as follows:
Subpart I—Nonlethal Taking of Pacific
Walruses and Polar Bears Incidental to
Oil and Gas Exploration Activities in
the Chukchi Sea and Adjacent Coast of
Alaska
Regulations in this subpart apply to
the nonlethal incidental, but not
intentional, take of small numbers of
Pacific walruses and polar bears by you
(U.S. citizens as defined in § 18.27(c))
while engaged in oil and gas exploration
activities in the Chukchi Sea and
adjacent western coast of Alaska.
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§ 18.112 In what specified geographic
region does this subpart apply?
This subpart applies to the specified
geographic region defined as the
continental shelf of the Arctic Ocean
adjacent to western Alaska. This area
includes the waters (State of Alaska and
Outer Continental Shelf waters) and
seabed of the Chukchi Sea, which
encompasses all waters north and west
of Point Hope (68°20′20″ N, ¥166°
50′40″ W, BGN 1947) to the U.S.-Russia
Convention Line of 1867, west of a
north-south line through Point Barrow
(71°23′29″ N, ¥156°28′30″ W, BGN
1944), and up to 200 miles north of
Point Barrow. The region also includes
the terrestrial coastal land 25 miles
inland between the western boundary of
the south National Petroleum Reserve—
Alaska (NPR–A) near Icy Cape
(70°20′00″, ¥148°12′00″) and the northsouth line from Point Barrow. This
terrestrial region encompasses a portion
of the Northwest and South Planning
Areas of the NPR–A. Figure 1 shows the
area where this subpart applies.
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§ 18.113
When is this subpart effective?
Regulations in this subpart are
effective from [effective date of the final
rule] through [date 5 years from the
effective date of the final rule] for yearround oil and gas exploration activities.
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§ 18.114 How do I obtain a Letter of
Authorization?
(a) You must be a U.S. citizen as
defined in § 18.27(c).
(b) If you are conducting an oil and
gas exploration activity in the specified
geographic region described in § 18.112
that may cause the taking of Pacific
walruses or polar bears and you want
nonlethal incidental take authorization
under this rule, you must apply for a
Letter of Authorization for each
exploration activity. You must submit
the application for authorization to our
Alaska Regional Director (see 50 CFR
2.2 for address) at least 90 days prior to
the start of the proposed activity.
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(c) Your application for a Letter of
Authorization must include the
following information:
(1) A description of the activity, the
dates and duration of the activity, the
specific location, and the estimated area
affected by that activity, i.e., a Plan of
Operation.
(2) A site-specific plan to monitor the
effects of the activity on the behavior of
Pacific walruses and polar bears
encountered during the ongoing
activities, i.e., marine mammal
monitoring and mitigation plan. Your
monitoring program must document the
effects to these marine mammals and
estimate the actual level and type of
take. The monitoring requirements will
vary depending on the activity, the
location, and the time of year.
(3) A site-specific polar bear
awareness and interaction plan, i.e.,
polar bear interaction plan.
(4) A Plan of Cooperation to mitigate
potential conflicts between the
proposed activity and subsistence
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hunting, where relevant. This Plan of
Cooperation must identify measures to
minimize adverse effects on the
availability of Pacific walruses and
polar bears for subsistence uses if the
activity takes place in or near a
traditional subsistence hunting area.
Some of these measures could include,
but are not limited to, mitigation
measures described in § 18.118.
§ 18.115 What criteria does the Service
use to evaluate Letter of Authorization
requests?
(a) We will evaluate each request for
a Letter of Authorization based on the
specific activity and the specific
geographic location. We will determine
whether the level of activity identified
in the request exceeds that analyzed by
us in making a finding of negligible
impact on the species and a finding of
no unmitigable adverse impact on the
availability of the species for take for
subsistence uses. If the level of activity
is greater, we will reevaluate our
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findings to determine if those findings
continue to be appropriate based on the
greater level of activity that you have
requested. Depending on the results of
the evaluation, we may grant the
authorization, add further conditions, or
deny the authorization.
(b) In accordance with § 18.27(f)(5),
we will make decisions concerning
withdrawals of Letters of Authorization,
either on an individual or class basis,
only after notice and opportunity for
public comment.
(c) The requirement for notice and
public comment in paragraph (b) of this
section will not apply if we determine
that an emergency exists that poses a
significant risk to the well-being of
species or stocks of Pacific walruses or
polar bears.
§ 18.116 What does a Letter of
Authorization allow?
(a) Your Letter of Authorization may
allow the nonlethal incidental, but not
intentional, take of Pacific walruses and
polar bears when you are carrying out
one or more of the following activities:
(1) Conducting geological and
geophysical surveys and associated
activities;
(2) Drilling exploratory wells and
associated activities; or
(3) Conducting environmental
monitoring activities associated with
exploration activities to determine
specific impacts of each activity.
(b) You must use methods and
conduct activities identified in your
Letter of Authorization in a manner that
minimizes to the greatest extent
practicable adverse impacts on Pacific
walruses and polar bears, their habitat,
and on the availability of these marine
mammals for subsistence uses.
(c) Each Letter of Authorization will
identify conditions or methods that are
specific to the activity and location.
§ 18.117
What activities are prohibited?
(a) Intentional take and lethal
incidental take of Pacific walruses or
polar bears; and
(b) Any take that fails to comply with
this part or with the terms and
conditions of your Letter of
Authorization.
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§ 18.118 What are the monitoring,
mitigation, and reporting requirements?
We require holders of Letters of
Authorization to cooperate with us and
other designated Federal, State, and
local agencies to monitor the impacts of
oil and gas exploration activities on
Pacific walruses or polar bears.
(a) Marine mammal monitoring and
mitigation plan. (1) Holders of Letters of
Authorization will be required to have
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a Service-approved, site-specific marine
mammal monitoring and mitigation
plan on file with the Service and on site.
Marine mammal monitoring and
mitigation plans must enumerate the
number of walruses and polar bears
encountered during specified
exploration activities, estimate the
number of incidental takes that occurred
during specified exploration activities,
and evaluate the effectiveness of
prescribed mitigation measures.
(2) Applicants must fund an
independent peer review of proposed
monitoring plans and draft reports of
monitoring results. This peer review
will consist of independent reviewers
who have knowledge and experience in
statistics, marine mammal behavior, and
the type and extent of the proposed
operations. The applicant will provide
the results of these peer reviews to the
Service for consideration in final
approval of marine mammal monitoring
and mitigation plans and final reports.
The Service will distribute copies of
marine mammal monitoring and
mitigation plans and reports to
appropriate resource management
agencies and co-management
organizations.
(b) Marine mammal observer. Holders
of Letters of Authorization must
designate a qualified individual or
individuals to observe, record, and
report on the effects of their activities on
Pacific walruses or polar bears. The
person or persons designated to observe
and record the effects of exploration
activities must be approved by the
Service.
(c) Polar bear interaction plan.
Holders of Letters of Authorization are
required to have a polar bear interaction
plan on file with the Service and on site,
and polar bear awareness training will
also be required of certain personnel.
Polar bear interaction plans will
include:
(1) The type of activity and where and
when the activity will occur, i.e., a plan
of operation;
(2) A food and waste management
plan;
(3) Personnel training materials and
procedures;
(4) Site at-risk locations and
situations;
(5) A snow management plan;
(6) Polar bear observation and
reporting procedures; and
(7) Polar bear avoidance and
encounter procedures.
(d) Minimizing effects on subsistence
uses. Applicants must use methods and
conduct activities identified in their
Letter of Authorization in a manner that,
to the greatest extent practicable,
minimizes adverse impacts on Pacific
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walruses and polar bears, their habitat,
and on the availability of these marine
mammals for subsistence uses.
(1) Prior to receipt of a Letter of
Authorization, applicants must consult
with affected communities and
appropriate marine mammal
management groups to discuss potential
conflicts with subsistence walrus and
polar bear hunting caused by the
location, timing, and methods of
proposed operations. These
communities and groups are the Eskimo
Walrus Commission and the Alaska
Nanuuq Commission and the
communities of Point Hope, Point Lay,
Wainwright, and Barrow.
(2) In the application for a Letter of
Authorization, applicants must include
documentation of all consultations.
Documentation can include meeting
minutes, a summary of any concerns
identified by community members, and
the applicant’s responses to identified
concerns.
(3) If community concerns suggest
that the proposed activities may have an
adverse impact on the subsistence uses
of these species, the applicant must
address conflict avoidance issues
through a Plan of Cooperation as
described in paragraph (e) of this
section.
(e) Plan of Cooperation. Where
prescribed, holders of Letters of
Authorization will be required to have
a Plan of Cooperation on file with the
Service and on site. The Plan of
Cooperation must address how
applicants will work with potentially
affected Native communities and what
actions will be taken to avoid
interference with subsistence hunting
opportunities for walruses and polar
bears beyond those stipulations in the
incidental take regulations and
individual Letters of Authorization.
(1) The Plan of Cooperation must
include:
(i) A description of the procedures by
which the holder of the Letter of
Authorization will work and consult
with potentially affected subsistence
hunters; and
(ii) A description of specific measures
that have been or will be taken to avoid
or minimize interference with
subsistence hunting of walruses and
polar bears and to ensure continued
availability of the species for
subsistence use.
(2) The Service will review the Plan
of Cooperation to ensure that any
potential adverse effects on the
availability of the animals are
minimized. The Service will reject Plans
of Cooperation if they do not provide
adequate safeguards to ensure the least
practicable adverse impact on the
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availability of walruses and polar bears
for subsistence use.
(f) Required mitigation measures.
Mitigation measures that will be
required for all projects include:
(1) A Service-approved marine
mammal monitoring and mitigation
plan as described in paragraph (a) of
this section.
(2) A Service-approved polar bear
interaction plan as described in
paragraph (c) of this section.
(3) A record of communication with
potentially affected villages to mitigate
adverse effects of the project on
subsistence activities. This record may
be the precursor to a Plan of
Cooperation as described in paragraph
(e) of this section.
(4) For marine vessels, a 1⁄2-mile
operational exclusion zone around any
walruses or polar bears observed on
land or ice.
(5) For aircraft, a 1,000-foot minimum
altitude within 1⁄2 mile of hauled out
Pacific walruses.
(6) Polar bear monitors under the
marine mammal monitoring and
mitigation plan if polar bears are known
to frequent the area or known polar bear
dens are present in the area. Monitors
will act as an early detection system in
regard to proximate bear activity to
Industry facilities.
(g) Possible additional mitigation
measures. Mitigation measures that we
may require on a case-by-case basis as
appropriate include:
(1) The use of marine mammal
observers associated with all offshore
exploration activities.
(i) Marine mammal observers must
have completed a marine mammal
observer training course approved by
the Service. Operators may use
observers trained by third parties, may
send crew for training conducted by
third parties, or may develop their own
training program. To obtain Service
approval, all training programs must:
(A) Furnish to the Service a course
information packet that includes the
name and qualifications (i.e.,
experience, training completed, and
educational background) of the
instructor(s), the course outline or
syllabus, and course reference material;
(B) Furnish each trainee with a
document verifying successful
completion of the course; and
(C) Provide the Service with names,
affiliations, and dates of course
completion of trainees.
(ii) The training course must include
the following elements:
(A) Overview of the Marine Mammal
Protection Act as it relates to seismic
acquisition and protection of marine
mammals;
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(B) Overview of seismic acquisition
operations;
(C) Overview of mitigation measures
and the marine mammal monitoring
program; and
(D) Discussion of the role and
responsibilities of the marine mammal
observer, including:
(1) Regulatory requirements (why the
observer is here and what that person
does);
(2) Authority of the marine mammal
observer to call for shut-down of seismic
acquisition operations;
(3) Assigned duties;
(4) Reporting of violations and
coercion;
(5) Identification of arctic marine
mammal species, including various age
and sex classes of Pacific walruses;
(6) Cues and search methods for
locating marine mammals; and
(7) Data collection and reporting
requirements.
(2) Mitigation measures for offshore
seismic exploration activities. Such
mitigation measures will include:
(i) Spacing of activities. Operators
must maintain a minimum spacing of 15
miles between all seismic-source vessels
and/or exploratory drilling operations to
mitigate cumulative impacts to resting,
feeding, and migrating walruses.
(ii) Exclusion zone. An exclusion zone
at and below the sea surface within a
radius defined by a 180-decibel (dB)
isopleth (for walruses) and a 190-dB
isopleth (for polar bears) from the center
of the sound source must be free of
walruses and polar bears before the
survey can begin and must remain free
of walruses and polar bears during the
seismic survey.
(iii) Monitoring of the exclusion zone.
Trained marine mammal observers will
monitor the area around the survey for
the presence of walruses and polar bears
to maintain a marine mammal-free
exclusion zone and monitor for
avoidance or take behaviors.
(iv) Ramp-up procedures. For all
seismic surveys, including airgun
testing, use the following ramp-up
procedures to allow marine mammals to
depart the exclusion zone before seismic
surveying begins:
(A) Visually monitor the exclusion
zone and adjacent waters for the
absence of polar bears and walruses for
at least 30 minutes before initiating
ramp-up procedures. If no polar bears or
walruses are detected, you may initiate
ramp-up procedures. Do not initiate
ramp-up procedures at night or when
you cannot visually monitor the
exclusion zone for marine mammals.
(B) Initiate ramp-up procedures by
firing a single airgun. The preferred
airgun to begin with should be the
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smallest airgun, in terms of energy
output (dB) and volume (in3).
(C) Continue ramp-up by gradually
activating additional airguns over a
period of at least 20 minutes, but no
longer than 40 minutes, until the
desired operating level of the airgun
array is obtained.
(D) Immediately shut down all
airguns and cease seismic operations at
any time a polar bear or walrus mammal
is detected entering or within the
exclusion zone. You may recommence
seismic operations and ramp-up of
airguns only when the exclusion zone
has been visually inspected for at least
30 minutes to ensure the absence of
walruses and polar bears.
(E) You may reduce the source level
of the airgun array, using the same shot
interval as the seismic survey, to
maintain a minimum source level of 160
dB re 1 µPa-m (rms) for the duration of
certain activities. By maintaining the
minimum source level, you will not be
required to conduct the 30-minute
visual clearance of the exclusion zone
before ramping back up to full output.
(1) Activities that are appropriate for
maintaining the minimum source level
include turns between transect lines,
when a survey using the full array is
being conducted immediately prior to
the turn and will be resumed
immediately after the turn, and
unscheduled, unavoidable maintenance
of the airgun array that requires the
interruption of a survey to shut down
the array. The survey should be
resumed immediately after the repairs
are completed.
(2) There may be other occasions
when reducing the source level of the
airgun array is appropriate, but use of
the minimum source level to avoid the
30-minute visual clearance of the
exclusion zone is only for events that
occur during a survey using the full
power array. The minimum sound
source level is not to be used to allow
a later ramp-up after dark or in
conditions when ramp-up would not
otherwise be allowed.
(v) Field verification. Before
conducting the survey, the operator
must verify the radii of the exclusion/
safety zones within real-time conditions
in the field. Field-verification
techniques must use valid techniques
for determining propagation loss. When
moving a seismic-survey operation into
a new area, the operator must verify the
new radii of the zones by applying a
sound-propagation series.
(3) Limits on take authorization. (i)
We will not issue take authorization for
seismic surveys or exploratory drilling
activities within a 40-mile radius of
Barrow, Wainwright, Point Hope, or
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Point Lay, unless expressly authorized
by the community through consultation
or a Plan of Cooperation as described in
paragraph (e) of this section.
(ii) We will limit authorization of
offshore exploration activities to the
open-water season, which will not
exceed the period of July 1 to November
30.
(4) Efforts to locate dens. Industry
must use Forward Looking Infrared
(FLIR) imagery, polar bear scent-trained
dogs, or both to determine presence or
absence of maternal polar bear dens in
areas of activity.
(5) Efforts to minimize disturbance
around dens. Industry must restrict the
timing of the activity to limit
disturbance around polar bear dens. If
known occupied dens are located
within an operator’s area of activity, we
will require a 1-mile operational
exclusion buffer around the den to limit
disturbance or require that the operator
conduct activities after the female bears
emerge from their dens. We will review
these requirements for extenuating
circumstances on a case-by-case basis.
(6) Mitigation measures for offshore
drilling operations. Such mitigation
measures will include requirements for
ice-scouting, surveys for walruses and
polar bears in the vicinity of active
drilling operations, marine mammal
observers onboard drill-ships and ice
breakers, and operational restrictions
near walrus and polar bear aggregations.
(h) Reporting requirements. Reporting
requirements for exploratory activities
will include:
(1) Offshore seismic monitoring
reports. In order to accommodate
various vessels’ bridge practices and
preferences, vessel operators and
observers may design data reporting
forms in whatever format they deem
convenient and appropriate. At a
minimum, the following items must be
recorded and included in reports to the
Service:
(i) Observer effort report. The operator
must prepare an observer effort report
for each day during which seismic
acquisition operations are conducted.
On a weekly basis, provide the Service
an observer effort report that includes:
(A) Vessel name.
(B) Observers’ names and affiliations.
(C) Survey type (e.g., site, 2D, 3D).
(D) Minerals Management Service
Permit Number (for ‘‘off-lease seismic
surveys’’) or Outer Continental Shelf
Lease Number (for ‘‘on-lease seismic
surveys’’).
(E) Date.
(F) Time and latitude/longitude when
daily visual survey began.
(G) Time and latitude/longitude when
daily visual survey ended.
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18:15 May 31, 2007
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(H) Average environmental conditions
while on visual survey, including:
(1) Wind speed and direction;
(2) Sea state (glassy, slight, choppy,
rough or Beaufort scale);
(3) Swell (low, medium, high or swell
height in meters);
(4) Overall visibility (poor, moderate,
good); and
(5) Sea ice concentrations (None,
Scattered flows <10%, >10%).
(ii) Survey report. The operator must
prepare a survey report for each day
during which seismic acquisition
operations are conducted and the
airguns are being discharged. On a
weekly basis, provide the Service a
survey report that includes:
(A) Vessel name.
(B) Survey type (e.g., site, 2D, 3D).
(C) Date and time.
(D) Time pre-ramp-up survey begins.
(E) Whether walruses or polar bears
were seen during pre-ramp-up survey.
(F) Time ramp-up begins.
(G) Whether walruses or polar bears
were seen during ramp-up.
(H) Time airgun array is operating at
the desired intensity.
(I) Radius of 180- and 190-dB
exclusion zones.
(J) Whether walruses or polar bears
were seen during the survey.
(K) If walruses or polar bears were
seen, whether any action taken (i.e.,
survey delayed, guns shut down).
(L) Reason that walruses or polar
bears might not have been seen (e.g.,
swell, glare, fog).
(M) Time airgun array stops firing.
(2) Walrus observation report. The
operator must prepare a walrus
observation report for each walrus
sighting made by marine mammal
observers and submit these reports to
the Service on a weekly basis.
Information within the observation
report will include, but is not limited to:
(A) Vessel/aircraft name.
(B) Survey type (e.g., 2D, 3D).
(C) Date and time.
(D) Water depth (in meters).
(E) Ice conditions (none, <10%
concentration, >10% concentration).
(F) Watch status (Were you on watch
or was this sighting made
opportunistically by you or someone
else?).
(G) Observer or person who made the
sighting.
(H) Latitude/longitude of vessel.
(I) Bearing of vessel.
(J) Bearing and estimated range to
animal(s) at first sighting.
(K) Species sighted.
(L) Estimated certainty of
identification (whether the
identification is certain, most likely, or
a best guess).
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30699
(M) Total number of animals.
(N) Substrate (hauled out on ice,
swimming in water, both).
(O) Estimated age and sex class of
observed animals.
(P) General description of the animals.
(Q) Compass direction of the animal’s
travel.
(R) Direction of the animal’s travel
related to the vessel (drawing
preferably).
(S) Behavior (as explicit and detailed
as possible; note any observed changes
in behavior).
(T) Whether airguns were firing.
(U) Closest distance (in meters) to
animals from center of airgun or airgun
array (whether firing or not).
(3) Polar bear observation report. The
operator must report, within 24 hours,
all observations of polar bears during
any Industry operation. Information
within the observation report will
include, but is not limited to:
(i) Date of observation.
(ii) Time of observation.
(iii) Observer name.
(iv) Contact telephone number and email address.
(v) Location, with latitude, longitude,
and datum.
(vi) Weather conditions at the time of
observation.
(vii) Visibility.
(viii) Number of bears: sex and age.
(ix) Estimated closest point of
approach for bears from personnel and
facilities.
(x) Possible attractants present.
(xi) Bear behavior.
(xii) A description of the encounter.
(xiii) Duration of the encounter.
(xiv) Agency contacts.
(4) Watch logs. Observers may
incorporate activities within the coast of
the geographic region into daily polar
bear watch logs.
(5) Notification of incident report. The
operator must report any violation of
conditions of the Letter of
Authorization, incidental lethal take, or
observations of walruses or polar bears
within the prescribed zone of
ensonification within 24 hours.
(i) For vessel operations, the
notification of incident report must
include:
(A) Company conducting the seismic
work.
(B) Vessel name.
(C) Name of the Marine Mammal
Observer (MMO).
(D) MMO employer.
(E) Type of vessel (support or
seismic).
(F) Whether airguns were firing, and
if so, how many.
(G) Zone of ensonification used (in
meters).
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(H) Visibility distance (in kilometers).
(I) General weather.
(J) Whether ice was present, and if so,
the estimated percent of ice cover.
(K) Date and time (Alaska standard
time).
(L) GPS location (decimal degrees in
WGS84).
(M) Distance when first observed from
vessel (in meters) and behavior.
(N) Distance when last observed from
vessel (in meters) and behavior.
(O) Minimum distance during
encounter.
(P) Duration of encounter.
(Q) Whether the animal responded or
reacted to the vessel.
(R) A description of the encounter.
(S) Whether shutdown occurred.
(T) Time elapsed before ramp up (in
minutes).
(U) Number and composition of
animals involved.
(ii) For fixed-winged aircraft and
helicopter operations, the notification of
incident report must include:
(A) Aircraft identification.
(B) Aircraft type.
(C) Name of pilot or observer.
(D) Altitude and direction of aircraft.
(E) Number and composition of
animals involved.
(F) Minimum distance during
encounter.
VerDate Aug<31>2005
18:15 May 31, 2007
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(G) Whether the animal responded or
reacted to the aircraft.
(H) Date and time (Alaska standard
time) of incident.
(I) GPS location (decimal degrees in
WGS84).
(J) A description of the encounter.
(K) Whether ice was present, and if
so, the estimated percent of ice cover.
(L) General weather.
(M) Visibility distance (in kilometers).
(6) After-action monitoring report.
Holders of a Letter of Authorization
must submit a report to our Alaska
Regional Director (Attn: Marine
Mammals Management Office) within
90 days after completion of activities.
Reports must include, at a minimum,
the following information:
(i) Dates, times, and types of activity.
(ii) Dates, times, and locations of
activity as related to the monitoring
activity.
(iii) Results of the monitoring
activities, including an estimated level
of take.
(iv) Dates and locations of all Pacific
walrus and polar bear observations as
related to the operation activity when
the sighting occurred.
(v) A weekly summary of the hours
and distance traveled during
observation periods.
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§ 18.119 What are the information
collection requirements?
(a) The Office of Management and
Budget has approved the collection of
information contained in this subpart
and assigned control number 1018–
0070. You must respond to this
information collection request to obtain
a benefit pursuant to section 101(a)(5) of
the Marine Mammal Protection Act. We
will use the information to
(1) Evaluate the application and
determine whether or not to issue
specific Letters of Authorization and
(2) Monitor impacts of activities
conducted under the Letters of
Authorization.
(b) You should direct comments
regarding the burden estimate or any
other aspect of this requirement to the
Information Collection Clearance
Officer, U.S. Fish and Wildlife Service,
Department of the Interior, Mail Stop
222 ARLSQ, 1849 C Street, NW.,
Washington, DC 20240.
Dated: May 25, 2007.
Todd Willens,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E7–10509 Filed 5–31–07; 8:45 am]
BILLING CODE 4310–55–P
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Agencies
[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Proposed Rules]
[Pages 30670-30700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10509]
[[Page 30669]]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 18
Marine Mammals; Incidental Take During Specified Activities; Proposed
Rule
Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Proposed
Rules
[[Page 30670]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 18
RIN 1018-AU41
Marine Mammals; Incidental Take During Specified Activities
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of proposed incidental harassment
authorization; request for comments.
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SUMMARY: The Fish and Wildlife Service (Service) proposes regulations
that would authorize the nonlethal, incidental, unintentional take of
small numbers of Pacific walruses (walruses) and polar bears during
year-round oil and gas industry (Industry) exploration activities in
the Chukchi Sea and adjacent western coast of Alaska. We are proposing
that this rule be effective for 5 years from date of issuance. We
propose a finding that the total expected takings of walruses and polar
bears during oil and gas industry exploration activities will have a
negligible impact on these species and will not have an unmitigable
adverse impact on the availability of these species for subsistence use
by Alaska Natives. The regulations that we propose to issue include
permissible methods of nonlethal taking, measures to ensure the least
practicable adverse impact on the species and the availability of these
species for subsistence uses, and requirements for monitoring and
reporting. If the proposed regulations are issued, we can issue Letters
of Authorization to conduct activities under the provisions of these
regulations when requested by citizens of the United States. We are
seeking public comments on this proposed rule.
In addition, the Service proposes to issue authorizations to take
small numbers of marine mammals by harassment incidental to conducting
exploration activities during the 2007 open-water season for oil and
gas operators (Incidental Harassment Authorization). These activities
will be carried out from approximately July 1 through November 30,
2007. The authorizations we propose to issue will also include
permissible methods of nonlethal taking, measures to ensure the least
practicable adverse impact on the species and the availability of these
species for subsistence uses, and requirements for monitoring and
reporting. We are seeking public comments on this proposal.
DATES: Comments on this proposed rule, the proposed issuance of
incidental harassment authorization, and the draft Environmental
Assessment, must be received by July 2, 2007. Comments on the
information collection requirements must be submitted on or before July
31, 2007.
ADDRESSES: You may submit comments by any of the following methods for
the proposed rule, identified by RIN 1018-AU41, or for the incidental
harassment authorization:
Mail: Craig Perham, Office of Marine Mammals Management,
U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage, AK
99503.
Fax: 907-786-3816.
Hand Delivery/Courier: Office of Marine Mammals
Management, U.S. Fish and Wildlife Service, 1011 East Tudor Road,
Anchorage, Alaska 99503.
E-mail: R7--MMM--Comment@fws.gov. Please submit Internet
comments as an ASCII file avoiding the use of special characters and
any form of encryption. Please also include ``Attn: RIN 1018-AU41'' in
the subject line and your name and return address in your Internet
message. If you do not receive a confirmation from the system that we
have received your Internet message, contact us directly at U.S. Fish
and Wildlife Service, Office of Marine Mammals Management, 907-786-3810
or 1-800-362-5148.
Comments on the proposed rule, identified by RIN 1018-AU41, may
also be submitted by the following method:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Please indicate to which action, RIN 1018-AU41 or incidental
harassment authorization, your comments apply.
FOR FURTHER INFORMATION CONTACT: Craig Perham, Office of Marine Mammals
Management, U.S. Fish and Wildlife Service, 1011 East Tudor Road,
Anchorage, AK 99503, telephone 907-786-3810 or 1-800-362-5148, or e-
mail R7--MMM--Comment@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA) (16
U.S.C. 1371(a)(5)(A)) gives the Secretary of the Interior (Secretary)
through the Director of the Service (we) the authority to allow the
incidental, but not intentional, taking of small numbers of marine
mammals, in response to requests by U.S. citizens (you) [as defined in
50 CFR 18.27(c)] engaged in a specified activity (other than commercial
fishing) in a specified geographic region. According to the MMPA, we
shall allow this incidental taking if (1) we make a finding that the
total of such taking for the 5-year regulatory period will have no more
than a negligible impact on these species and will not have an
unmitigable adverse impact on the availability of these species for
taking for subsistence use by Alaska Natives, and (2) we issue
regulations that set forth (i) permissible methods of taking, (ii)
means of effecting the least practicable adverse impact on the species
and their habitat and on the availability of the species for
subsistence uses, and (iii) requirements for monitoring and reporting.
If regulations allowing such incidental taking are issued, we can issue
Letters of Authorization (LOA) to conduct activities under the
provisions of these regulations when requested by citizens of the
United States.
The term ``take,'' as defined by the MMPA, means to harass, hunt,
capture, or kill, or attempt to harass, hunt, capture, or kill any
marine mammal. Harassment, as defined by the MMPA, for activities other
than military readiness activities or scientific research conducted by
or on behalf of the federal government, means ``any act of pursuit,
torment, or annoyance which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild'' (the MMPA calls this Level
A harassment) ``or (ii) has the potential to disturb a marine mammal or
marine mammal stock in the wild by causing disruption of behavioral
patterns, including, but not limited to, migration, breathing, nursing,
breeding, feeding, or sheltering'' (the MMPA calls this Level B
harassment).
The terms ``small numbers,'' ``negligible impact,'' and
``unmitigable adverse impact'' are defined in 50 CFR 18.27 (i.e.,
regulations governing small takes of marine mammals incidental to
specified activities) as follows. ``Small numbers'' is defined as ``a
portion of a marine mammal species or stock whose taking would have a
negligible impact on that species or stock.'' ``Negligible impact'' is
``an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
``Unmitigable adverse impact'' means ``an impact resulting from the
specified activity: (1) That is likely to reduce the availability of
the species to a level insufficient for a harvest to meet subsistence
needs by (i) causing the marine mammals to abandon or avoid hunting
areas, (ii) directly displacing
[[Page 30671]]
subsistence users, or (iii) placing physical barriers between the
marine mammals and the subsistence hunters; and (2) that cannot be
sufficiently mitigated by other measures to increase the availability
of marine mammals to allow subsistence needs to be met.''
Industry conducts activities such as oil and gas exploration in
marine mammal habitat that could result in the taking of marine
mammals. Although Industry is under no legal requirement to obtain
incidental take authorization, since 1991, Industry has requested, and
we have issued regulations for, incidental take authorization for
conducting activities in areas of walrus and polar bear habitat.
Incidental take regulations for walruses and polar bears in the Chukchi
Sea were issued previously for the period 1991-1996 (56 FR 27443; June
14, 1991). In the Beaufort Sea, incidental take regulations have been
issued previously from 1993 to present: November 16, 1993 (58 FR
60402); August 17, 1995 (60 FR 42805); January 28, 1999 (64 FR 4328);
February 3, 2000 (65 FR 5275); March 30, 2000 (65 FR 16828); November
28, 2003 (68 FR 66744); and August 2, 2006 (71 FR 43926).
Summary of Current Request
On August 5, 2005, the Alaska Oil and Gas Association (AOGA), on
behalf of its members, (Agrium Kenai Nitrogen Operations, Alyeska
Pipeline Service Company, Anadarko Petroleum Corporation, BP
Exploration (Alaska) Inc., Chevron, Eni Petroleum, ExxonMobil
Production Company, Flint Hills Resources, Alaska, Forest Oil
Corporation, Marathon Oil Company, Petro-Canada (Alaska) Inc., Petro
Star Inc., Pioneer Natural Resources Alaska, Inc., Shell Exploration &
Production Company, Tesoro Alaska Company, and XTO Energy, Inc.)
requested that the Service promulgate regulations to allow the
nonlethal, incidental take of small numbers of walruses and polar bears
in the Chukchi Sea for a period of 5 years. The Service requested
additional information from AOGA regarding the nature, scope, and
location of proposed activities for its analysis of potential impacts
on walruses, polar bears, and subsistence harvests of these resources.
On November 22, 2006, Shell Offshore Inc. (SOI) provided an addendum to
the AOGA petition describing SOI's projected activities for 2007-2012.
On January 2, 2007, AOGA, on behalf of its members, also provided
an addendum to its original petition referencing a Draft Environmental
Impact Statement prepared by the MMS for the Chukchi Sea Planning Area:
Oil and Gas Lease Sale 193 and Seismic Surveying Activities in the
Chukchi Sea (Chukchi Sea DEIS). The Chukchi Sea DEIS includes estimates
of all reasonably foreseeable oil and gas activities associated with
proposed Outer Continental Shelf (OCS) lease sales in the Chukchi Sea
Planning Area. The AOGA petition requested that the Service consider
activities described in the Chukchi Sea DEIS for the period 2007-2012.
On January 2, 2007, ConocoPhillips Alaska, Inc. (CPAI), also provided
an addendum to the original AOGA petition describing CPAI's projected
activities from 2007-2012. The petition and addendums are available at:
(Alaska.fws.gov/fisheries/mmm/itr.htm). The Chukchi Sea DEIS,
referenced in the AOGA petition, is available at: https://www.mms.gov/
alaska (OCS EIS/EA MMS 2006-060).
The combined requests are for regulations to allow the incidental,
nonlethal take of small numbers of walruses and polar bears in
association with oil and gas activities in the Chukchi Sea and adjacent
coastline projected out to the year 2012. The information provided by
the petitioners indicates that projected oil and gas activities over
this timeframe will be limited to offshore and onshore exploration
activities. Development and production activities were not considered
in the requests. The petitioners have also specifically requested that
these regulations be issued for nonlethal take. Industry has indicated
that, through implementation of the mitigation measures, it is
confident a lethal take will not occur.
Prior to issuing regulations at 50 CFR part 18, subpart I in
response to this request, we must evaluate the level of industrial
activities, their associated potential impacts to walruses and polar
bears, and their effects on the availability of these species for
subsistence use. All projected exploration activities described by SOI,
CPAI, and AOGA (on behalf of its members) in their petitions, as well
as projections of reasonably foreseeable activities for the period
2007-2012 described in the Chukchi Sea DEIS were considered in our
analysis. The activities and geographic region specified in the
requests, and considered in these regulations are described in the
ensuing sections titled ``Description of Geographic Region'' and
``Description of Activities.''
This proposed rule also serves as the proposed incidental
harassment authorization (IHA) under section 101(a)(5)(D) of the MMPA.
If this proposed rule is finalized, incidental take of small numbers of
polar bears and walrus resulting from oil and gas exploration
activities in the Chukchi Sea will be authorized under LOAs issued
pursuant to section 101(a)(5)(A) of the MMPA. However, operators are
proposing to begin oil and gas exploration activities in July of 2007,
which will likely be before the Service makes a final determination
under the section 101(a)(5)(A) regulatory process. Therefore, this
proposed rule also serves as the proposed IHA that, if finalized, will
authorize the incidental take by harassment of small numbers of
walruses and polar bears from oil and gas exploration activities in the
Chukchi Sea during the 2007 exploration season.
The proposed rule can serve as both the proposed rule under section
101(a)(5)(A) and the proposed IHA under section 101(a)(5)(D) because
the standards are the same and the procedures are compatible.
Incidental take authorization is available under both provisions if the
Service finds that the anticipated take will have a negligible impact
on the species or stock and will not have an unmitigable adverse impact
on the availability of the species or stock for subsistence uses. Both
types of authorization would include permissible methods of taking and
other means of effecting the least practicable impact on the species or
stock and its habitat and on the availability of the species or stock
for taking for subsistence uses, any measures necessary to ensure no
unmitigable adverse impact on the availability of the species or stock
for taking for subsistence uses, and requirements for monitoring and
reporting of any taking that does occur.
The differences between the two provisions are procedural. A final
IHA would be issued without further notice in the Federal Register,
following consideration of all comments received during the public
comment period, if the Service finds that the anticipated level of take
meets the statutory standards. An IHA can only be issued for up to one
year, compared to the five-year period of the regulatory process. Also,
an IHA can only be issued if the Service finds that no lethal take is
likely to occur as a result of the anticipated oil and gas exploration
activities. Here the Service would be issuing an IHA for the 2007
exploration season. If a final rule is published in the Federal
Register finding that the anticipated take during the full five-year
period meets the statutory standards, Letters of Authorization will
replace the one-year IHA that will be issued to operators if the
Service makes final determinations that the take that is anticipated to
result from the 2007 activities meets the statutory standards.
[[Page 30672]]
The Description of Activities section of the proposed rule
describes the oil and gas exploration activities that will occur during
the 2007 season, as well as during the consecutive years of the
regulatory period. The Description of Geographic Region section
describes the geographic area in which exploration activities will be
conducted in 2007, as well as during the other years of the regulatory
period. The Mitigation Measures for Oil and Gas Exploration Activities
section describes the mitigating measures and monitoring and reporting
requirements that will be required in 2007 as conditions of the IHA.
The potential Effects of Oil and Gas Industry Activities on Pacific
Walruses and Polar Bears section, the Potential Effects of Oil and Gas
Industry Activities on Subsistence Uses of Pacific Walruses and Polar
Bears section, and the Summary of Take Estimated for Pacific Walruses
and Polar Bears section analyze the type and level of take of polar
bears and walrus that is anticipated to occur during the 2007
exploration season, as well as during the other years of the regulatory
period. The public comment period announced with this proposed rule
also serves as the public comment period for the proposed IHA. If the
Service makes a final determination that the anticipated level of take
meets the standards under section 101(a)(5)(D) of the MMPA, it will
issue an IHA with all required conditions to oil and gas operators for
the 2007 exploration season no later than 45 days after the close of
the comment period.
Description of Regulations
The proposed regulations are limited to the nonlethal, incidental
take of small numbers of walruses and polar bears associated with oil
and gas exploration activities (geophysical seismic surveys,
exploratory drilling, and associated support activities) in the Chukchi
Sea and adjacent coast of Alaska and would be effective for a period of
up to 5 years from the date of issuance. The geographic region, as
outlined in the ``Description of Geographic Region,'' and the type of
industrial activities, as outlined in the ``Description of Activities''
section were assessed in these regulations. No development or
production activities are anticipated over this timeframe, or
considered in the proposed regulations.
The total estimated level of activity covered by these regulations,
as outlined in the ``Description of Activities'' section, was based on
all projected exploration activities described by SOI, CPAI, and AOGA
(on behalf of its members) in their petitions, as well as projections
of reasonably foreseeable activities for the period 2007-2012 described
in the Chukchi Sea DEIS referenced by the petitioners. If the level of
activity is more than anticipated, such as additional support vessels
or aircraft, more drilling units, or more miles of geophysical surveys,
the Service would reevaluate its findings to determine if they continue
to be appropriate.
It is important to note that these regulations would not authorize,
or ``permit,'' the actual activities associated with oil and gas
exploration in the Chukchi Sea. Rather, they would authorize the
nonlethal incidental, unintentional take of small numbers of walruses
and polar bears associated with those activities based on standards set
forth in the MMPA. The petition does not request promulgation of
regulations for the incidental taking from development or production
activities in the Chukchi Sea. The MMS, the U.S. Army Corps of
Engineers, and the Bureau of Land Management (BLM) are responsible for
permitting activities associated with oil and gas activities in Federal
waters and on Federal lands. The State of Alaska is responsible for
permitting activities on State lands and in State waters.
The regulations that we propose to issue include permissible
methods of nonlethal taking, measures to ensure the least practicable
adverse impact on the species and the availability of these species for
subsistence uses, and requirements for monitoring and reporting. If we
issue final nonlethal incidental take regulations, persons seeking
taking authorization for particular projects must apply for an LOA to
cover nonlethal take associated with specified exploration activities
pursuant to the regulations. Each group or individual conducting an oil
and gas industry-related activity within the area covered by these
regulations may request an LOA.
A separate LOA will be required for each geophysical survey or
seismic activity and each exploratory drilling operation. Applications
for LOAs must be received at least 90 days before the activity is to
begin. Applicants for LOAs must submit an Operations Plan for the
activity, a polar bear interaction plan, and a site-specific marine
mammal monitoring and mitigation plan to monitor the effects of
authorized activities on walruses and polar bears. A report on all
exploration and monitoring activities must be submitted to the Service
within 90 days after the completed activity. Details of monitoring and
reporting requirements are further described in ``Potential Effects of
Oil and Gas Industry Activities on Pacific Walruses and Polar Bears.''
Depending upon the nature, timing, and location of a proposed
activity, applicants may also be required to develop a Plan of
Cooperation (POC) with potentially affected subsistence communities to
minimize interactions with subsistence users. The POC is further
described in ``Potential Effects of Oil and Gas Industry Activities on
Subsistence Uses of Pacific Walruses and Polar Bears.''
Each request for an LOA will be evaluated based upon the specific
activity and the specific location, and each authorization will
identify allowable methods or conditions specific to that activity and
location. For example, we will consider seasonal or location-specific
restrictions to limit interactions between exploration activities and
walrus aggregations, or interference with subsistence hunting
activities. Individual LOAs will include monitoring and reporting
requirements specific to each activity, as well as any measures
necessary for mitigating impacts to these species and the subsistence
use of these species. The granting of each LOA will be based on a
determination that the total level of taking by all applicants in any
one year is consistent with the estimated level used to make a finding
of negligible impact and a finding of no unmitigable adverse impacts on
the availability of the species or the stock for subsistence uses.
Notice of issuance of LOAs will be published in the Federal Register.
More information on applying for and receiving an LOA can be found at
50 CFR 18.27(f).
Description of Geographic Region
These regulations would allow Industry to incidentally take small
numbers of Pacific walruses and polar bears within the same area,
hereafter referred to as the Chukchi Sea Region (Figure 1). The
geographic area covered by the request is the continental shelf of the
Arctic Ocean adjacent to western Alaska. This area includes the waters
(State of Alaska and OCS waters) and seabed of the Chukchi Sea, which
encompasses all waters north and west of Point Hope (68[deg]20'20'' N,
-166 [deg]50'40 W, BGN 1947) to the U.S.-Russia Convention Line of
1867, west of a north-south line through Point Barrow (71[deg]23'29''
N, -156 [deg]28'30 W, BGN 1944), and up to 200 miles north of Point
Barrow. The region also includes the terrestrial coastal land 25 miles
inland between the western boundary of the south National Petroleum
Reserve--Alaska (NPR-A) near Icy Cape
[[Page 30673]]
(70[deg]20'00'', -148[deg]12'00) and the north-south line from Point
Barrow. The geographic region encompasses an area of approximately
5,850 square miles. This terrestrial region encompasses a portion of
the Northwest and South Planning Areas of the NPR-A. The north-south
line at Point Barrow is the western border of the geographic region in
the Beaufort Sea incidental take regulations (71 FR 43926; August 2,
2006).
Description of Activities
This section reviews the types and scale of oil and gas activities
projected to occur in the Chukchi Sea Region over the specified time
period (2007-2012). This information is based upon information provided
by the petitioners and referenced in the Chukchi Sea DEIS. The Service
has used these estimated levels of activity as a basis for its
findings. If requests for LOAs exceed the highest estimated level of
activity, the Service would reevaluate its findings to determine if
they continue to be appropriate before further LOAs are issued.
Specific locations where oil and gas activity may occur over the
proposed regulatory period are largely speculative, but are within the
geographic region identified and analyzed in these regulations. They
will be determined, in part, on the outcome of future Federal and State
oil and gas lease sales. The specific dates and durations of the
individual operations and their geographic locations will be provided
to the Service in detail when requests for LOAs are submitted.
Oil and gas activities anticipated and considered in our analysis
of proposed incidental take regulations include: (1) Marine-streamer 3D
and 2D seismic surveys; (2) high-resolution site-clearance surveys; (3)
offshore exploration drilling; and (4) onshore seismic exploration and
drilling.
Marine-Streamer 3D and 2D Seismic Surveys
Marine seismic surveys are conducted to locate geological
structures potentially capable of containing petroleum accumulations.
Air guns are the typical acoustic (sound) source for 2-dimensional and
3-dimensional (2D and 3D) seismic surveys. An outgoing sound signal is
created by venting high-pressure air from the air guns into the water
to produce an air-filled cavity (bubble) that expands and contracts.
The size of individual air guns can range from tens to several hundred
cubic inches (in3). A group of air guns is usually deployed
in an array to produce a downward-focused sound signal. Air gun array
volumes for both 2D and 3D seismic surveys are expected to range from
1,800-6,000 in3. The air guns are fired at short, regular
intervals, so the arrays emit pulsed rather than continuous sound.
While most of the energy is focused downward and the short duration of
each pulse limits the total energy into the water column, the sound can
propagate horizontally for several kilometers.
A 3D source array typically consists of two to three sub-arrays of
six to nine air guns each, and is about 12.5-18 meters (m) long and 16-
36 m wide. The size of the source-array can vary during the seismic
survey to optimize the resolution of the geophysical data collected at
any particular site. Vessels usually tow up to three source arrays,
depending on the survey-design specifications. Most 3D operations use a
single source vessel; however, in a few instances, more than one source
vessel may be used. The sound-source level (zero-to-peak) associated
with typical 3D seismic surveys ranges between 233 and 240 decibels at
1 meter (re 1 [mu]Pa at 1 m).
The vessels conducting 3D surveys are generally 70-90 m long.
Surveys are typically acquired at a vessel speed of approximately 4.5
knots (k) (8.3 km/hour). Source arrays are activated approximately
every 10-15 seconds, depending on vessel speed. The timing between
outgoing sound signals can vary for different surveys to achieve the
desired ``shot point'' spacing to meet the geological objectives of the
survey; typical spacing is either 25 or 37.5 m. The receiving arrays
could include multiple (4-16) streamer-receiver cables towed behind the
source array. Streamer cables contain numerous hydrophone elements at
fixed distances within each cable. Each streamer can be 3-8 km long
with an overall array width of up to 1,500 m between outermost streamer
cables. Biodegradable liquid paraffin is used to fill the streamer and
provide buoyancy. Solid/gel streamer cables also are used. The wide
extent of this towed equipment limits both the turning speed and the
area a vessel covers with a single pass over a geologic target. It is,
therefore, common practice to acquire data using an offset racetrack
pattern. Adjacent transit lines for a survey generally are spaced
several hundred meters apart and are parallel to each other across the
survey area. Seismic surveys are conducted day and night when ocean
conditions are favorable, and one survey effort may continue for weeks
or months, depending on the size of the survey. Data-acquisition is
affected by the arrays towed by the survey vessel and weather
conditions. Typically, data are only collected between 25 and 30
percent of the time (or 6-8 hours a day) because of equipment or
weather problems. In addition to downtime due to weather, sea
conditions, turning between lines, and equipment maintenance, surveys
could be suspended to avoid interactions with biological resources. The
MMS estimates that individual surveys could last between 20-30 days
(with downtime) to cover a 200 square mile (mi2) area.
Marine-streamer 2D surveys use similar geophysical-survey
techniques as 3D surveys, but both the mode of operation and general
vessel type used are different. The 2D surveys provide a less-detailed
subsurface image because the survey lines are spaced farther apart, but
they cover wider areas to image geologic structure on more of a
regional basis. Large prospects are easily identified on 2D seismic
data, but detailed images of the prospective areas within a large
prospect can only be seen using 3D data. The 2D seismic-survey vessels
generally are smaller than 3D-survey vessels, although larger 3D-survey
vessels are also capable of conducting 2D surveys. The 2D source array
typically consists of three or more sub-arrays of six to eight air gun
sources each. The sound-source level (zero-to-peak) associated with 2D
marine seismic surveys are the same as 3D marine seismic surveys (233-
240 dB re 1 [mu]Pa at 1 m). Typically, a single hydrophone streamer
cable approximately 8-12 km long is towed behind the survey vessel. The
2D surveys acquire data along single track lines that are spread more
widely apart (usually several miles) than are track lines for 3D
surveys (usually several hundred meters).
Both 3D and 2D marine-streamer surveys require a largely ice-free
environment to allow effective operation and maneuvering of the air gun
arrays and long streamers. In the Chukchi Sea Region, the timing and
areas of the surveys will be dictated by ice conditions. The data-
acquisition season in the Chukchi Sea could start sometime in July and
end sometime in early November. Even during the short summer season,
there are periodic incursions of sea ice, so there is no guarantee that
any given location will be ice free throughout the survey.
Marine seismic-exploration work is expected to occur in the Chukchi
Sea Region in the summer of 2007 in anticipation of OCS lease sale 193.
This work is likely to include 3D seismic surveys, but will not include
exploration drilling. Approximately 100,000 line-miles of 2D seismic
surveys already have been collected in the Chukchi Sea program area, so
the
[[Page 30674]]
MMS assumes that additional geophysical surveys will be primarily 3D
surveys focusing on specific leasing targets. The 3D surveys are likely
to continue during the early phase of exploration when wells are
drilled; however, the number of surveys is expected to decrease over
time as data is collected over the prime prospects and these prospects
are tested by drilling.
Based upon information provided by the petitioners, and estimates
prepared by the MMS in the Chukchi Sea DEIS, the Service estimates
that, in any given year during the specified timeframe (2007-2012), up
to four seismic survey vessels could be operating simultaneously in the
Chukchi Sea Region during the open water season. Each seismic vessel is
expected to collect between 3,200-14,500 linear kilometers of seismic
survey data. Seismic surveys are expected to occur in open water
conditions between July 1 and November 30 each year. We estimate that
each seismic survey vessel will be accompanied or serviced by 1-3
support vessels. Helicopters may also be used, when available, for
vessel support and crew changes.
High-Resolution Site-Clearance Surveys
Based on mapping of the subsurface structures using 2D and 3D
seismic data, several well locations may be proposed. Prior to drilling
deep test wells, high-resolution site clearance seismic surveys and
geotechnical studies will be necessary to examine the proposed
exploration drilling locations for geologic hazards, archeological
features, and biological populations. Site clearance and studies
required for exploration will be conducted during the open water season
before a drill rig is mobilized to the site. A typical operation
consists of a vessel towing an acoustic source (air gun) about 25 m
behind the ship and a 600-m streamer cable with a tail buoy. The source
array usually is a single array composed of one or more air guns. A 2D
high-resolution site-clearance survey usually has a single air gun,
while a 3D high-resolution site survey usually tows an array of air
guns. The ships travel at 3-3.5 knots (5.6-6.5 km/hour), and the source
is activated every 7-8 seconds (or about every 12.5 m). All vessel
operations are designed to be ultra-quiet, as the higher frequencies
used in high-resolution work are easily masked by the vessel noise.
Typical surveys cover one OCS block at a time. MMS regulations require
information be gathered on a 300 by 900 m grid, which amounts to about
129 line kilometers of data per lease block. If there is a high
probability of archeological resources, the north-south lines are 50 m
apart and the 900 m remains the same. Including line turns, the time to
survey a lease block is approximately 36 hours. Air gun volumes for
high-resolution surveys typically are 90-150 in3, and the
output of a 90-in3 air gun ranges from 229-233 dB high-
resolution re 1 [mu]Pa at 1m. Air gun pressures typically are 2,000 psi
(pounds per square inch), although they can be used at 3,000 psi for
higher signal strength to collect data from deep in the subsurface.
Based upon information provided by the petitioners, and estimates
prepared by the MMS in the Chukchi Sea DEIS, we estimate that during
the specified timeframe (2007-2012), as many as six high-resolution
site surveys may be carried out in any given year.
Offshore Drilling Operations
Considering water depth and the remoteness of this area, drilling
operations are most likely to employ drill-ships with ice-breaker
support vessels. Water depths greater than 100 feet and possible pack-
ice incursions during the open-water season will preclude the use of
bottom-founded platforms as exploration drilling rigs. Using drill-
ships allows the operator to temporarily move off the drill-site if sea
or ice conditions require it, and the suspended well is controlled by
blowout-prevention equipment installed on wellheads on the seabed.
Drilling operations are expected to range between 30 and 90 days at
different well sites, depending on the depth to the target formation,
difficulties during drilling, and logging/testing operations. Drill-
ships operate only during the open-water season, and drifting ice can
prevent their operation.
A drill-ship is secured over the drill-site by deploying anchors on
as many as ten to twelve mooring lines. The drill pipe is encased in a
riser that compensates for the vertical wave motion. The blowout
preventer (BOP) is typically located at the seabed in a hole dug below
the ice-scour depth. BOP placement is an important safety feature
enabling the drill-ship to shut down operations and get underway
rapidly without exposing the well. One or more ice management vessels
(icebreakers) generally support drill-ships to ensure ice does not
encroach on operations. A barge and tug typically accompany the vessels
to provide a standby safety vessel, oil spill response capabilities,
and refueling support. Most supplies (including fuel) necessary to
complete drilling activities are stored on the drill-ship and support
vessels. Helicopter servicing of drill-ships can occur as frequently as
1-2 times/day. The abandonment phase is initiated if exploratory wells
are not successful. In a typical situation, wells are permanently
plugged (with cement) and wellhead equipment removed. The seafloor site
is restored to some practicable, pre-exploration condition. Post-
abandonment surveys are conducted to confirm that no debris remains
following abandonment or those materials remain at the lease tract. The
casings for delineation wells are either cut mechanically or with
explosives during the process of well abandonment. The MMS estimates
that exploration wells will average 8,000 ft, will use approximately
475 tons (ton = 2,000 pounds) of dry mud, and produce 600 tons of dry
rock cuttings. Considering the cost of synthetic drilling fluids now
commonly used, the MMS assumes that most of the drilling mud will be
reconditioned and reused. All of the rock cuttings will be discharged
at the exploration site.
Considering the relatively short open-water season in the Chukchi
Sea (July-November), the MMS estimates that up to four wells could be
started by one rig each drilling season. However, it is more likely
that only one to two wells could be drilled, tested, and abandoned by
one drill ship in any given season, leaving work on the other wells to
the next summer season. A total of 5 exploration wells have been
drilled on the Chukchi shelf, and the MMS estimates that 7-14
additional wells will be needed to discover and delineate a commercial
field.
Based upon information provided by the petitioners, and estimates
prepared by the MMS in the Chukchi Sea DEIS, we estimate that as many
as five drill-ships could be operating in the Chukchi Sea Region in any
given year during the specified timeframe (2007-2012). Each drill-ship
is expected to drill up to four exploratory or delineation wells per
season. Each drill-ship is likely to be supported by 1-2 ice breakers,
a barge and tug, 1-2 helicopter flights per day, and 1-2 supply ships
per week. The operating season is expected to be limited to the open-
water season July 1-November 30.
Onshore Seismic Exploration and Drilling
The CPAI petition also describes conducting onshore seismic
exploration and drilling over the next five years, including
geotechnical site investigations, vibroseis, construction of ice pads,
roads, and islands, and exploratory drilling.
Geotechnical site investigations include shallow cores and soil
borings
[[Page 30675]]
to investigate soil conditions and stratigraphy. Geotechnical
properties at select points may be integrated with seismic data to
develop a regional model for predicting soil conditions in areas of
interest.
Vibroseis seismic operations are conducted both onshore and on
nearshore ice using large trucks with vibrators that systematically put
variable frequency energy into the earth. A minimum of 1.2 m (4 ft) of
sea ice is required to support heavy vehicles used to transport
equipment offshore for exploration activities. These ice conditions
generally exist from 1 January until 31 May. The exploration techniques
are most commonly used on landfast ice, but they can be used in areas
of stable offshore pack ice. Several vehicles are normally associated
with a typical vibroseis operation. One or two vehicles with survey
crews move ahead of the operation and mark the source receiver points.
Occasionally, bulldozers are needed to build snow ramps on the steep
terrain or to smooth offshore rough ice within the site.
A typical wintertime exploration seismic crew consists of 40-140
personnel. Roughly 75 percent of the personnel routinely work on the
active seismic crew, with approximately 50 percent of those working in
vehicles and the remainder outside laying and retrieving geophones and
cables.
With the vibroseis technique, activity on the surveyed seismic line
begins with the placement of sensors. All sensors are connected to the
recording vehicle by multi-pair cable sections. The vibrators move to
the beginning of the line, and recording begins. The vibrators move
along a source line, which is at some angle to the sensor line. The
vibrators begin vibrating in synchrony via a simultaneous radio signal
to all vehicles. In a typical survey, each vibrator will vibrate four
times at each location. The entire formation of vibrators subsequently
moves forward to the next energy input point (67 m (220 ft) in most
applications) and repeats the process. In a typical 16- to 18-hour day,
a survey will complete 6 to 16 linear km (4-10 mi) in a 2D seismic
operation and 24 to 64 linear km (15-40 mi) in a 3D seismic operation.
CPAI anticipates conducting between one and five vibroseis seismic
programs onshore within the northwest NPR-A over the next 5 years.
CPAI also anticipates developing vertical seismic profiles (VSPs)
to calibrate seismic and well data. VSP operations are usually staffed
by less than eight people. Four or five of the operators remain in the
vehicles (vibrators) within 1.6 to 3.2 km (1-2 mi) of the rig, while
the others are located at the rig.
CPAI proposes to drill up to three onshore exploration wells on
private lands south of Barrow near the North Slope Boroughs Walakpa gas
field in the winter of 2007. It is estimated that another 3 to 5 wells
could be drilled in this area within the next 5 years. In support of
these activities, CPA estimates that the following associated
infrastructure would be required: 20-100 miles of ice roads; 20-300
miles of rolligon trails; 1 to 2 airfields of approximately 5,000 feet
in size; storage of rigs and/or support equipment in Barrow; and
barging of equipment to and from Barrow from existing facilities.
On Federal lands, CPAI estimates drilling 3 to 6 onshore wells
within the next 5 years. Drilling will likely include both well testing
and VSPs. Three onshore wells are proposed for 2007. Drilling
operations will require an estimated 20 to 100 miles of ice roads, 20
to 300 miles of rolligon trails, 1 to 4 airfields approximately 5,000
ft in length on lakes or tundra, rig storage on gravel, possibly at new
sites in the Northwest NPR-A, 1 to 5 camps, and 1 to 3 rigs operating
in a given year.
Mitigation Measures for Oil and Gas Exploration Activities in the
Chukchi Sea
Measures to mitigate potential effects of oil and gas exploration
activities on marine mammal resources and subsistence use of those
resources have been identified and developed through previous MMS lease
sale National Environmental Policy Act (NEPA) review and analysis
processes. The Chukchi Sea DEIS (https://www.mms.gov/alaska/ref/
EIS%20EA/draft_arctic_peis/draft_peis.htm) identifies several
existing measures designed to mitigate potential effects of oil and gas
exploration activities on marine mammal resources and subsistence use
of those resources (II.B.3.; II-B.5-24). All plans for OCS exploration
activities will go through an MMS review and approval to ensure
compliance with established laws and regulations. Operational
compliance is enforced through the MMS on-site inspection program. The
following MMS lease sale stipulations and mitigation measures will be
applied to all exploration activities in the Chukchi Lease Sale
Planning Area and the geographic region of the incidental take
regulations. The Service has incorporated these MMS Lease sale
mitigation measures into their analysis of impacts to Pacific walrus
and polar bears in the Chukchi Sea.
MMS lease sale stipulations that will help minimize Industry
impacts to Pacific walruses and polar bears include:
Pre-Booming Requirements for Fuel Transfers
Fuel transfers of 100 barrels or more will require pre-booming of
fuel barges. A fuel barge must be surrounded by an oil-spill-
containment boom during the entire transfer operation to help reduce
any adverse effects from a fuel spill. Pre-booming requirements are
intended to lower the potential effects to water quality, lower
trophic-level organisms, marine mammals, subsistence resources and
hunting, and sociocultural systems by providing additional protection
from potential fuel spills.
By containing any spill within the boom area, this stipulation will
reduce the risk of fuel spills contacting walruses and polar bears, and
the risk that harvested animals may become tainted from a potential
spill.
Site-Specific Monitoring Program for Marine Mammal Subsistence
Resources
A lessee proposing to conduct exploration operations within
traditional subsistence use areas will be required to conduct a site-
specific monitoring program designed to assess when walruses and polar
bears are present in the vicinity of lease operations and the extent of
behavioral effects on these marine mammals due to their operations.
This stipulation applies specifically to the communities of Barrow,
Wainwright, Point Lay, and Point Hope.
Site-specific monitoring programs will provide information about
the seasonal distributions of walruses and polar bears. The information
can be used to evaluate the threat of harm to the species and provides
immediate information about their activities, and their response to
specific events. This stipulation is expected to reduce the potential
effects of exploration activities on walruses, polar bears, and the
subsistence use of these resources. This stipulation also contributes
incremental and important information to ongoing walrus and polar bear
research and monitoring efforts.
Conflict Avoidance Mechanisms To Protect Subsistence-Harvesting
Activities
Through consultation with potentially affected communities, the
lessee shall make every reasonable effort to assure that their proposed
activities are compatible with marine mammal subsistence hunting
activities and will not result in unreasonable interference
[[Page 30676]]
with subsistence harvests. In the event that no agreement is reached
between the parties, the lessee, the appropriate management agencies
and co-management organizations, and any communities that could be
directly affected by the proposed activity may request that the MMS
assemble a group consisting of representatives from the parties
specifically to address the conflict and attempt to resolve the issues
before the MMS makes a final determination on the adequacy of the
measures taken to prevent unreasonable conflicts with subsistence
harvests.
This lease stipulation will help reduce potential conflicts between
subsistence hunters and proposed oil and gas exploration activities.
This stipulation will help reduce noise and disturbance conflicts from
oil and gas operations during specific periods, such as peak hunting
seasons. It requires that the lessee meet with local communities and
subsistence groups to resolve potential conflicts. The consultations
required by this stipulation ensure that the lessee, including
contractors, consult and coordinate both the timing and sighting of
events with subsistence users. This stipulation has proven to be
effective in the Beaufort Sea Planning Area in mitigating offshore
exploration activities through the development of annual agreements
between the Alaska Eskimo Whaling Commission and participating oil
companies.
Measures To Mitigate Seismic-Surveying Effects
The measures summarized below are based on the protective measures
in MMS' most recent marine seismic survey exploration permits and the
recently completed Programmatic Environmental Assessment of Arctic
Ocean Outer Continental Shelf Seismic Surveys--2006 (https://
www.mms.gov/alaska/ref/pea_be.htm). As stated in the MMS Programmatic
Environmental Assessment, these protective measures would be
incorporated in all MMS-permitted seismic activities.
1. Spacing of Seismic Surveys--Operators must maintain a minimum
spacing of 15 miles between the seismic-source vessels for separate
simultaneous operations.
2. Exclusion Zone--A 180/190-decibel (dB) isopleth-exclusion zone
(also called a safety zone) from the seismic-survey-sound source shall
be free of marine mammals, including walruses and polar bears, before
the survey can begin and must remain free of mammals during the survey.
The purpose of the exclusion zone is to protect marine mammals from
Level A harassment. The 180-dB (Level A harassment injury) applies to
cetaceans and walruses, and the 190-dB (Level A harassment-injury)
applies to pinnipeds other than walruses and polar bears.
3. Monitoring of the Exclusion Zone--Trained marine mammal
observers (MMOs) shall monitor the area around the survey for the
presence of marine mammals to maintain a marine mammal-free exclusion
zone and monitor for avoidance or take behaviors. Visual observers
monitor the exclusion zone to ensure that marine mammals do not enter
the exclusion zone for at least 30 minutes prior to ramp up, during the
conduct of the survey, or before resuming seismic survey work after a
shut down.
Shut Down--The survey shall be suspended until the exclusion/safety
zone is free of marine mammals. All observers shall have the authority
to, and shall instruct the vessel operators to immediately stop or de-
energize the airgun array whenever a marine mammal is seen within the
zone. If the airgun array is completely shut-down for any reason during
nighttime or poor sighting conditions, it shall not be re-energized
until daylight or whenever sighting conditions allow for the zone to be
effectively monitored from the source vessel and/or through other
passive acoustic, aerial, or vessel-based monitoring.
Ramp Up--Ramp up is the gradual introduction of sound from airguns
to deter marine mammals from potentially damaging sound intensities and
from approaching the specified zone. This technique involves the
gradual increase (usually 5-6 dB per 5-minute increment) in emitted
sound levels, beginning with firing a single airgun and gradually
adding airguns over a period of at least 20-40 minutes, until the
desired operating level of the full array is obtained. Ramp-up
procedures may begin after observers ensure the absence of marine
mammals for at least 30 minutes. Ramp up procedures shall not be
initiated at night or when monitoring the zone is not possible. A
single airgun operating at a minimum source level can be maintained for
routine activities, such as making a turn between line transects, for
maintenance needs or during periods of impaired visibility (e.g.,
darkness, fog, high sea states), and does not require a 30-minute
clearance of the zone before the airgun array is again ramped up to
full output.
Field Verification--Before conducting the survey, the operator
shall verify the radii of the exclusion/safety zones within real-time
conditions in the field. This provides for more accurate radii rather
than relying on modeling techniques before entering the field. Field-
verification techniques must use valid techniques for determining
propagation loss. When moving a seismic-survey operation into a new
area, the operator shall verify the new radii of the zones by applying
a sound-propagation series.
4. Monitoring of the Seismic-Survey Area--Aerial-monitoring surveys
or an equivalent monitoring program acceptable to the Service will be
required through the LOA authorization process. Field verification of
the effectiveness of any monitoring techniques may be required by the
Service.
5. Reporting Requirements--Reporting requirements provide
regulatory agencies with specific information on the monitoring
techniques to be implemented and how any observed impacts to marine
mammals will be recorded. In addition, operators must report
immediately any shutdowns due to a marine mammal entering the exclusion
zones and provide the regulating agencies with information on the
frequency of occurrence and the types and behaviors of marine mammals
(if possible to ascertain) entering the exclusion zones.
6. Temporal/Spatial/Operational Restrictions--Seismic-survey and
associated support vessels shall observe a 0.5-mile (~800-meter) safety
radius around walruses hauled-out onto land or ice. Aircraft shall be
required to maintain a 1,000-foot minimum altitude within 0.5 miles of
hauled-out walruses.
7. Seismic-survey operators shall notify MMS in the event of any
loss of cable, streamer, or other equipment that could pose a danger to
marine mammals.
These seismic mitigation measures will help reduce the potential
for Level A Harassment of walruses and polar bears during seismic
operations. The spatial separation of seismic operations will also
reduce potential cumulative effects of simultaneous operations. The
monitoring and reporting requirements will provide location-specific
information about the seasonal distributions of walruses and polar
bears. The additional information can be used to evaluate the future
threat of harm to the species and also provides immediate information
about their activities, and their response to specific events.
Biological Information
Pacific Walruses
1. Stock Definition and Range
Pacific walrus (Odobenus rosmarus divergens) are represented by a
single stock of animals that inhabit the shallow
[[Page 30677]]
continental shelf waters of the Bering and Chukchi seas. The population
ranges across the international boundaries of the United States and
Russia, and both nations share common interests with respect to the
conservation and management of this species.
Several decades of intense commercial exploitation in the late
1800s and early 1900s left the population severely depleted. The
population is believed to have increased substantially in size and
range during the 1960s-1980s due to hunting restrictions enacted in the
United States and Russia that reduced the size of the commercial
harvest and provided protection to female walruses and calves.
Information concerning population size and trend after 1985 is less
certain. An aerial survey flown in 1990 produced a population estimate
of 201,039 animals; however, large confidence intervals associated with
that estimate precluded any conclusions concerning population trend.
The current size and trend of the Pacific walrus population are
unknown. Projected ecosystem changes across the Arctic further
underscore the need for detailed population studies from which sound
management decisions can be made.
The distribution of Pacific walruses varies markedly with the
seasons. During the late winter breeding season, walruses are found in
areas of the Bering Sea where open leads, polynas, or areas of broken
pack-ice occur. Significant winter concentrations are normally found in
the Gulf of Anadyr, the St. Lawrence Island Polyna, and in an area
south of Nunivak Island. In the spring and early summer, most of the
population follows the retreating pack-ice northward into the Chukchi
Sea; however, several thousand animals, primarily adult males, remain
in the Bering Sea, utilizing coastal haulouts during the ice-free
season. During the summer months, walruses are widely distributed
across the shallow continental shelf waters of the Chukchi Sea.
Significant summer concentrations are normally found in the
unconsolidated pack-ice west of Point Barrow, and along the northern
coastline of Chukotka in the vicinity of Wrangel Island. As the ice
edge advances southward in the fall, walruses reverse their migration
and re-group on the Bering Sea pack-ice.
2. Habitat
Walruses rely on floating pack-ice as a substrate for resting and
giving birth. Walruses generally require ice thicknesses of 50
centimeters (cm) or more to support their weight. Although walruses can
break through ice up to 20 cm thick, they usually occupy areas with
natural openings and are not found in areas of extensive, unbroken ice.
Thus, their concentrations in winter tend to be in areas of divergent
ice flow or along the margins of persistent polynas. Concentrations in
summer tend to be in areas of unconsolidated pack-ice, usually within
100 km of the leading edge of the ice pack. When suitable pack-ice is
not available, walruses haul out to rest on land. Isolated sites, such
as barrier islands, points, and headlands, are most frequently
occupied. Social factors, learned behavior, and proximity to their prey
base are also thought to influence the location of haulout sites.
Traditional walrus haulout sites in the eastern Chukchi Sea include
Cape Thompson, Cape Lisburne, and Icy Cape. In recent years, the Cape
Lisburne haulout site has seen regular use in late summer. Numerous
haulouts also exist along the northern coastline of Chukotka, and on
Wrangel and Herald islands, which are considered important hauling
grounds in September, especially in years when the pack-ice retreats
far to the north.
Although capable of diving to deeper depths, walruses are for the
most part found in shallow waters of 100 m or less, possibly because of
higher productivity of their benthic foods in shallower water. They
feed almost exclusively on benthic invertebrates although Native
hunters have also reported incidences of walruses preying on seals.
Prey densities are thought to vary across the continental shelf
according to sediment type and structure. Preferred feeding areas are
typically composed of sediments of soft, fine sands. The juxtaposition
of ice over appropriate depths for feeding is especially important for
females with dependent calves that are not capable of deep diving or
long exposure in the water. The mobility of the pack ice is thought to
help prevent walruses from overexploiting their prey resource. Foraging
trips may last for several days, during which time they dive to the
bottom nearly continuously. Most foraging dives to the bottom last
between 5 and 10 minutes, with a relatively short (1-2 minute) surface
interval. The intensive tilling of the sea floor by foraging walruses
is thought to have significant influence on the ecology of the Bering
and Chukchi Seas. Foraging activity recycles large quantities of
nutrients from the sea floor back into the water column, provides food
for scavenger organisms, and contributes greatly to the diversity of
the benthic community.
3. Life History
Walruses are long-lived animals with low rates of reproduction.
Females reach sexual maturity at 4-9 years of age. Males become fertile
at 5-7 years of age; however, they are usually unable to compete for
mates until they reach full physical maturity at 15-16 years of age.
Breeding occurs between January and March in the pack-ice of the Bering
Sea. Calves are usually born in late April or May the following year
during the northward migration from the Bering Sea to the Chukchi Sea.
Calving areas in the Chukchi Sea extend from the Bering Strait to
latitude 70 [deg]N. Calves are capable of entering the water shortly
after birth, but tend to haulout frequently, until their swimming
ability and blubber layer are well developed. Newborn calves are tended
closely. They accompany their mother from birth and are usually not
weaned for 2 years or more. Cows brood neonates to aid in their
thermoregulation, and carry them on their back or under their flipper
while in the water. Females with newborns often join together to form
large ``nursery herds''. Summer distribution of females and young
walruses is closely tied to the movements of the pack-ice relative to
feeding areas. Females give birth to one calf every two or more years.
This reproductive rate is much lower than other pinniped species;
however, some walruses live to age 35-40, and remain reproductively
active until relatively late in life.
Walruses are extremely social and gregarious animals. They tend to
travel in groups and haul-out onto ice or land in groups. Walruses
spend approximately one-third of their time hauled out onto land or
ice. Hauled-out walruses tend to lie in close physical contact with
each other. Youngsters often lie on top of the adults. The size of the
hauled-out groups can range from a few animals up to several thousand
individuals.
4. Mortality
Polar bears (Ursus maritimus) are known to prey on walrus calves,
and killer whales (Orcinus orca) have been known to take all age
classes of animals. Predation levels are thought to be highest near
terrestrial haulout sites where large aggregations of walruses can be
found; however, few observations exist for off-shore environs.
Pacific walruses have been hunted by coastal Natives in Alaska and
Chukotka for thousands of years. Exploitation of the Pacific walrus
population by
[[Page 30678]]
Europeans has also occurred in varying degrees since first contact.
Presently, walrus hunting in Alaska and Chukotka is restricted to meet
the subsistence needs of aboriginal peoples. The combined harvest of
the United States and Russia averages approximately 5,500 walruses per
year. This mortality estimate includes corrections for under-reported
harvest and struck and lost animals.
Intraspecific trauma is also a known source of injury and
mortality. Disturbance events can cause walruses to stampede into the
water and have been known to result in injuries and mortalities. The
risk of stampede-related injuries increases with the number of animals
hauled out. Calves and young animals at the perimeter of these herds
are particularly vulnerable to trampling injuries.
5. Distributions and Abundance of Pacific Walruses in the Chukchi Sea
Walruses are seasonably abundant in the Chukchi Sea. Their
distribution is thought to be influenced primarily by the extent of the
seasonal pack-ice, although habitat use patterns are poorly known. In
May and June, most of the Pacific walrus population migrates through
the Bering Strait into the Chukchi Sea. Walruses tend to migrate into
the Chukchi Sea along lead systems that develop along the northwest
coast of Alaska. Walruses are expected to be closely associated with
the southern edge of the seasonal pack-ice during the open water
season. By July, large groups of walruses, up to several thousand
animals, can be found along the edge of the pack ice between Icy Cape
and Point Barrow. During August, the edge of the pack-ice generally
retreats northward to about 71 [deg]N, but in light ice years, the ice
edge can retreat beyond 76 [deg]N. The sea ice normally reaches its
minimum (northern) extent in September. It is unclear how walruses
respond in years when the sea ice retreats beyond the relatively
shallow continental shelf waters. At least some animals are thought to
migrate west towards Chukotka, while others have been observed hauling
out along the shoreline between Point Barrow and Cape Lisburne. The
pack-ice rapidly advances southward in October, and most animals are
thought to have returned to the Bering Sea by early November.
A recent abundance estimate for the number of walruses present in
the Chukchi Sea during the proposed operating season is lacking.
Previous aerial surveys of the region carried out in the 1980s resulted
in abundance estimates ranging from 62,177-101,213. A 1990 aerial
survey reported 16,489 walruses distributed in the Chukchi Sea pack-ice
between Wrangel Island and Point Barrow; however, the sea-ice was
distributed well beyond the continental shelf at the time of the
survey. These abundance estimates are all considered conservative
because no corrections were made for walruses in water (not visible) at
the time of the surveys.
Polar Bears
1. Alaska Stock Definition and Range
Polar bears occur throughout the Arctic. The world population
estimate of polar bears ranges from 20,000-25,000 individuals. In
Alaska, they have been observed as far south in the eastern Bering Sea
as St. Matthew Island and the Pribilof Islands. However, they are most
commonly found within 180 miles of the Alaskan coast of the Chukchi and
Beaufort Seas, from the Bering Strait to the Canadian border. Two
stocks occur in Alaska: (1) The Chukchi-Bering Seas stock (CS); and (2)
the Southern Beaufort Sea stock (SBS). A summary of the Chukchi and
Southern Beaufort Sea polar bear stocks are described below. A detailed
description of the Chukchi Sea and Southern Beaufort Sea polar bear
stocks can be found in the ``Range-Wide Status Review of the Polar Bear
(Ursus Maritimus)'' (https://alaska.fws.gov/fisheries/mmm/polarbear/
issues.htm).
A. Chukchi/Bering Sea Stock (CS)
The CS is defined as polar bears inhabiting the area