Marine Mammals; Incidental Take During Specified Activities, 47010-47054 [2011-19296]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Rules and Regulations]
[Pages 47010-47054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19296]



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Vol. 76

Wednesday,

No. 149

August 3, 2011

Part IV





Fish and Wildlife Services





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50 CFR Parts 18





 Marine Mammals; Incidental Take During Specified Activities; Final 
Rule

Federal Register / Vol. 76 , No. 149 / Wednesday, August 3, 2011 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18

[Docket No. FWS-R7-FHC-2010-0098; 71490-1351-0000-L5-FY11]
RIN 1018-AX32


Marine Mammals; Incidental Take During Specified Activities

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) has developed 
regulations that would authorize the nonlethal, incidental, 
unintentional take of small numbers of polar bears and Pacific walruses 
during year-round oil and gas industry (Industry) exploration, 
development, and production operations in the Beaufort Sea and adjacent 
northern coast of Alaska. Industry operations for the covered period 
include types of activities similar to those covered by the previous 5-
year Beaufort Sea incidental take regulations that were effective from 
August 2, 2006, through August 2, 2011. We find that the total expected 
takings of polar bears and Pacific walruses during oil and gas industry 
exploration, development, and production 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. We base this finding on the results of 17 years of 
data on the encounters and interactions between polar bears, Pacific 
walruses, and Industry; recent studies of potential effects of Industry 
on these species; oil spill risk assessments; potential and documented 
Industry impacts on these species; and current information regarding 
the natural history and status of polar bears and Pacific walruses. 
This rule is effective for 5 years from date of issuance.

DATES: This rule is effective August 3, 2011, and remains effective 
through August 3, 2016.

ADDRESSES: The final rule and associated environmental assessment (EA) 
are available for viewing at https://https://www.regulations.gov at 
Docket No, FWS-R7-FHC-2010-0098.
    Comments and materials received in response to this action are 
available for public inspection during normal working hours of 8 a.m. 
to 4:30 p.m., Monday through Friday, at the Office of Marine Mammals 
Management, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, 
Anchorage, AK 99503.

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: craig_perham@fws.gov.

SUPPLEMENTARY INFORMATION:

Immediate Promulgation

    In accordance with 5 U.S.C. 553(d)(3), we find that we have good 
cause to make this rule effective less than 30 days after publication. 
Immediate promulgation of the rule will ensure that Industry implements 
mitigation measures and monitoring programs in the geographic region 
that reduce the risk of lethal and nonlethal effects to polar bears and 
Pacific walruses by Industry activities.

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 the authority to allow the 
incidental, but not intentional, taking of small numbers of marine 
mammals, in response to requests by U.S. citizens [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, the 
Service (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 (a) permissible methods of taking, (b) 
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 (c) requirements for monitoring and reporting. If 
regulations allowing such incidental taking are issued, we 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, 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.'' It is necessary to note 
that the Service's analysis of ``small numbers'' complies with the 
agency's regulatory definition and is an appropriate reflection of 
Congress' intent. As was noted during the development of this 
definition (48 FR 31220; July 7, 1983), Congress itself recognized the 
``imprecision of the term small numbers,'' but was unable to offer a 
more precise formulation because the concept is not capable of being 
expressed in absolute numerical limits.'' See H.R. Report No. 97-228 at 
19. Thus, Congress itself focused on the anticipated effects of the 
activity on the species and stated that authorization should be 
available to persons ``whose taking of marine mammals is infrequent, 
unavoidable, or accidental.''
    ``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 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, 
development, and production in marine mammal habitat that may result in 
the taking of marine mammals. Although Industry is under no legal 
requirement to obtain incidental take authorization, since 1993, 
Industry has requested, and we have issued, a series of regulations for 
incidental take authorization for

[[Page 47011]]

conducting activities in areas of polar bear and walrus habitat. Since 
the inception of these incidental take regulations (ITRs), polar bear/
walrus monitoring observations associated with the regulations have 
recorded more than 2,000 polar bear observations associated with 
Industry activities. The large majority of reported encounters have 
been passive observations of bears moving through the oil fields. 
Monitoring of Industry activities indicates that encounters with 
walruses are insignificant, with only 18 walruses recorded during the 
same period.
    A detailed history of our past regulations can be found in our most 
recent regulation, published on August 2, 2006 (71 FR 43926). These 
past regulations were published on:
     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

    In 2009, the Service received a petition to promulgate a renewal of 
regulations for nonlethal incidental take of small numbers of walruses 
and polar bears in the Beaufort Sea for a period of 5 years (2011-
2016). The request was submitted on April 22, 2009, by the Alaska Oil 
and Gas Association (AOGA) on behalf of its members and other 
participating parties. The petition is available at https://www.regulations.gov.
    AOGA's application indicates that they request regulations that 
will be applicable to any company conducting oil and gas exploration, 
development, and production activities as described within the request. 
This includes members of AOGA and other parties planning to conduct oil 
and gas operations in the geographic region. Members of AOGA 
represented in the petition include:
     Alyeska Pipeline Service Company;
     Anadarko Petroleum Corporation;
     BP Exploration (Alaska) Inc.;
     Chevron USA, Inc.;
     Eni Petroleum;
     ExxonMobil Production Company;
     Flint Hills Resources, Inc.;
     Marathon Oil Company;
     Pacific Energy Resources Ltd.;
     Petro-Canada (Alaska) Inc.;
     Petro Star Inc.;
     Pioneer Natural Resources Alaska, Inc.;
     Shell Exploration & Production Company;
     Statoil Hydro;
     Tesoro Alaska Company; and
     XTO Energy, Inc.
    Other participating parties include ConocoPhillips Alaska, Inc. 
(CPAI), CGG Veritas, Brooks Range Petroleum Corporation (BRPC), and 
Arctic Slope Regional Corporation (ASRC) Energy Services. The 
activities and geographic region specified in AOGA's request, and 
considered in these regulations, are described in the ensuing sections 
titled ``Description of Geographic Region'' and ``Description of 
Activities.''
    Prior to issuing regulations at 50 CFR part 18, subpart J, in 
response to this request, we must evaluate the level of industrial 
activities, their associated potential impacts to polar bears and 
Pacific walruses, and their effects on the availability of these 
species for subsistence use. The information provided by the 
petitioners indicates that projected oil and gas activities over this 
timeframe will encompass onshore and offshore exploration, development, 
and production activities. 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. The Service is tasked 
with analyzing the impact that lawful oil and gas industry activities 
will have on polar bears and walruses during normal operating 
procedures. In addition, the potential for impact by the oil and gas 
industry outside normal operating conditions warrant an analysis of the 
risk of an oil spill and its potential impact on polar bears and 
walruses.

Description of Regulations

    The regulations 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. These regulations do not 
authorize, or ``permit,'' the actual activities associated with oil and 
gas exploration, development, and production. Rather, they authorize 
the nonlethal incidental, unintentional take of small numbers of polar 
bears and Pacific walruses associated with those activities based on 
standards set forth in the MMPA. The Bureau of Ocean Energy Management, 
Regulation and Enforcement (BOEMRE), 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.
    Under these nonlethal incidental take regulations, persons seeking 
taking authorization for particular projects will apply for an LOA to 
cover nonlethal take associated with exploration, development, or 
production 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 is mandatory for each activity. We must receive applications for 
LOAs at least 90 days before the activity is to begin.
    Applicants must submit a plan to monitor the effects of authorized 
activities on polar bears and walruses. Applicants must include in 
their LOA request the timeframe of proposed activities, the operating 
terms and conditions, a polar bear encounter and interaction plan, and 
a marine mammal monitoring plan.
    Applicants must also include a Plan of Cooperation (POC) describing 
the availability of these species for subsistence use by Alaska Native 
communities and how they may be affected by Industry operations. The 
purpose of the POC is to ensure that oil and gas activities will not 
have an unmitigable adverse impact on the availability of the species 
or the stock for subsistence uses. The POC must provide the procedures 
on how Industry will work with the affected Native communities, 
including a description of the necessary actions that will be taken to: 
(1) Avoid or minimize interference with subsistence hunting of polar 
bears and Pacific walruses; and (2) ensure continued availability of 
the species for subsistence use. The POC is further described in 
``Effects of Oil and Gas Industry Activities on Subsistence Uses of 
Marine Mammals.''
    We will evaluate each request for an LOA based on the specific 
activity and specific location, and we may condition the LOA depending 
on specific circumstances for that activity and location. For example, 
an LOA issued in response to a request to conduct activities in areas 
with known, active bear dens or a history of polar bear denning may be 
conditioned to require one or more of the following: Forward Looking 
Infrared (FLIR) imagery flights to determine the location of active 
polar bear dens; avoiding all denning activity by 1 mile; intensified 
monitoring in a 1-mile buffer around the den; or avoiding the area 
during the denning period. More information on applying for and 
receiving an LOA can be found at 50 CFR 18.27(f).

[[Page 47012]]

Description of Geographic Region

    The geographic area covered by the requested incidental take 
regulations (hereafter referred to as the Beaufort Sea Region) 
encompasses all Beaufort Sea waters east 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, including all Alaska State waters 
and Outer Continental Shelf waters, and east of that line to the 
Canadian border. The onshore region is the same north/south line at 
Barrow, 25 miles inland and east to the Canning River. The Arctic 
National Wildlife Refuge is not included in these regulations. The 
geographical extent of these regulations is similar to that in previous 
regulations (71 FR 43926; August 2, 2006), where the offshore boundary 
is the Beaufort Sea Planning area, approximately 200 miles offshore.

Description of Activities

    Activities covered in these regulations include Industry 
exploration, development, and production operations of oil and gas 
reserves, as well as environmental monitoring associated with these 
activities, on the northern coast of Alaska. Throughout the 5 years 
that the future regulations will be in place, the petitioners expect 
that similar types of oil and gas activities will occur at similar 
times of the year as under the prior regulations. Examples of future 
Industry activities include the completion of the Alpine Satellite 
Development and development of Point Thomson, Oooguruk, Nikaitchuq, and 
areas in the National Petroleum Reserve--Alaska (NPR-A). According to 
the petitioners, the locations of these operations are anticipated to 
be approximately equally divided among the onshore and offshore tracts 
presently under lease and to be leased during the period under 
consideration.
    For the purpose of assessing possible impacts, we anticipate, based 
on information provided by the petitioners, that these activities will 
occur equally spaced over time and area for the upcoming ice-covered 
and open-water seasons. Due to the large number of variables affecting 
Industry activities, predicting exact dates and locations of operation 
for the open-water and ice-covered seasons is not possible at this 
time. However, operators must provide specific dates and locations of 
proposed activities prior to receiving an LOA.

Industry-Proposed Activities Considered Under Incidental Take 
Regulations

    Alaska's North Slope encompasses an area of 88,280 square miles and 
currently contains 11 oil and gas field units associated with Industry. 
These include the Greater Prudhoe Bay, Duck Island, Badami, Northstar, 
Kuparuk River, Colville River, Oooguruk, Tuvaq, Nikaitchuq, Milne 
Point, and Point Thomson. These units encompass exploration, 
development, and production activities. In addition, some of these 
fields include associated satellite oilfields: Sag Delta North, Eider, 
North Prudhoe Bay, Lisburne, Niakuk, Niakuk-Ivashak, Aurora, Midnight 
Sun, Borealis, West Beach, Polaris, Orion, Tarn, Tabasco, Palm, West 
Sak, Meltwater, Cascade, Schrader Bluff, Sag River, and Alpine.

Exploration Activities

    As with previous regulations, exploration activities may occur 
onshore or offshore and include: geological surveys; geotechnical site 
investigations; reflective seismic exploration; vibrator seismic data 
collection; airgun and water gun seismic data collection; explosive 
seismic data collection; vertical seismic profiles; sub-sea sediment 
sampling; construction and use of drilling structures such as caisson-
retained islands, ice islands, bottom-founded structures [steel 
drilling caisson (SDC)], ice pads and ice roads; oil spill prevention, 
response, and cleanup; and site restoration and remediation. 
Exploration activities could also include the development of staging 
facilities. The level of exploration activities is expected to be 
similar to the level during the past regulatory periods, although 
exploration projects may shift to different locations, particularly the 
National Petroleum Reserve--Alaska (NPR-A).
    The location of new exploration activities within the geographic 
region of the rule will, in part, be determined by the following State 
and Federal oil and gas lease sales:

State of Alaska Lease Sales

    In 1996, the State of Alaska Department of Natural Resources 
(ADNR), Oil and Gas Division, adopted an ``area wide'' approach to 
leasing. Under area-wide leasing, the State offers all available State 
acreage not currently under lease within each area annually. The area 
of activity in this petition includes the North Slope and Beaufort Sea 
planning areas. Lease sale data are available on the ADNR Web site at: 
https://www.dog.dnr.state.ak.us/oil/index.htm. ndustry activities may 
occur on State lease sales during the time period of the requested 
action. North Slope Area-wide lease sales are held annually in October. 
As of August 2008, there are 774 active leases on the North Slope, 
encompassing 971,245 hectares (2.4 million acres), and 224 active 
leases in the State waters of the Beaufort Sea, encompassing 249,000 
hectares (615,296 acres). The sale on October 22, 2008, resulted in the 
sale of 60 tracts for a total of 86,765 hectares (214,400 acres). Eight 
lease sales have been held to date. As of July 2008, there are 38 
active leases in the Beaufort Sea area, encompassing 38,333 hectares 
(94,724 acres). The sale on October 22, 2008, resulted in the sale of 
32 tracts for a total of 40,145 hectares (99,200 acres).

Northwest and Northeast Planning Areas of NPR-A

    The BLM manages more than 9 million hectares (23 million acres) in 
the NPR-A, including the Northwest (3.5 million hectares, 8.8 million 
acres), Northeast (1.8 hectares, 4.6 million acres), and South (3.6 
million hectares, 9 million acres) Planning Areas. The area of activity 
in this petition includes the Northwest and Northeast areas.
    Oil and gas lease sales were held in 2004, 2006, 2008, and 2010. 
The 2004 lease sale sold 123 tracts totaling 566,560 hectares (1.4 
million acres); the 2006 sale sold 81 tracts covering 380,350 hectares 
(939,867 acres); the 2008 sale sold 23 tracts covering 106,013 hectares 
(261,964 acres); and the 2010 sale sold 5 tracts covering 11.511 
hectares (28,444 acres). From 2000 to 2008, 25 exploratory wells were 
drilled in the Northeast and Northwest planning areas of the NPR-A. 
Current operator/ownership information is available on the BLM NPR-A 
Web site at https://www.blm.gov/ak/st/en/prog/energy/oil_gas/npra.html. 
Exploration activities were conducted on the FEX LP company leases in 
the Northwest Planning Area between 2006-2008. Exploration may continue 
where new areas have been selected. New project elements included 
exploration drilling at nine new ice drill pad locations (in the Uugaq, 
Aklaq, Aklaqyaaq, and Amaguq prospects), 99 km (62 mi) of new access 
corridor, and 34 new water sources.
    In the Northeast Planning Area, CPAI applied for permits to begin a 
5-year (2006-2011) winter drilling program at 11 sites (Noatak, Nugget, 
Cassin and Spark DD prospects), including 177 km (110 mi) of new right-
of-way corridors and 10 new water supply lakes. CPAI is planning to 
continue developing its program in the Northeast Planning Area

[[Page 47013]]

throughout the duration of the requested regulations.

Outer Continental Shelf Lease Sales

    The BOEMRE manages the Alaska Outer Continental Shelf (OCS) region 
encompassing 242 million hectares (600 million acres). In February 
2003, the Minerals Management Service (MMS) (now known as the Bureau of 
Ocean Energy Management, Regulation, and Enforcement or BOEMRE) issued 
the Final Environmental Impact Statement (EIS) for three lease sales 
planned for the Beaufort Sea Planning Area: Sale 186, 195, and 202. 
Sale 186 was held in 2003, resulting in the leasing of 34 tracts 
encompassing 73,576 hectares (181,810 acres). Sale 195 was held in 
2005, resulting in the leasing of 117 tracts encompassing 245,760 
hectares (607,285 acres). Sale 202 was held in 2007, resulting in the 
leasing of 90 tracts covering 198,580 hectares (490,700 acres). Leasing 
information from BOEMRE is located at https://www.boemre.gov/alaska/lease/lease.htm. The next lease sale, Lease Sale 217, is planned for 
2011. BOEMRE has begun preparing the multiple-sale EIS for these areas. 
The Draft EIS was released in November 2008 and is located at https://www.BOEMRE.gov/alaska/ref/EIS%20EA/ArcticMultiSale_209/_DEIS.htm. 
While the disposition of the leases is highly speculative at this time, 
it is probable that at least some seismic exploration and possibly some 
exploratory drilling will take place during the 5-year period of the 
regulations.
    Exploratory drilling for oil occurs onshore, in inland areas, or in 
the offshore environment. Exploratory drilling and associated support 
activities and features may include: transportation to site; setup and 
relocation of up to 100-person camps and support camps (lights, 
generators, snow removal, water plants, wastewater plants, dining 
halls, sleeping quarters, mechanical shops, fuel storage, landing 
strips, aircraft support, health and safety facilities, data recording 
facilities and communication equipment); building gravel pads; building 
gravel islands with sandbag and concrete block protection; ice islands; 
ice roads; gravel hauling; gravel mine sites; road building; pipelines; 
electrical lines; water lines; road maintenance; buildings and 
facilities; operating heavy equipment; digging trenches; burying and 
covering pipelines; sea lift; water flood; security operations; 
dredging; moving floating drill units; helicopter support; and drill 
ships such as the Steel Drilling Caisson (SDC), CANMAR Explorer III, 
and the Kulluk.
    During the regulatory period, exploration activities are 
anticipated to occur in the offshore environment and continue in the 
current oil field units, including those projects identified by 
Industry below.

Point Thomson

    The Point Thomson reservoir is approximately 32 km (20 mi) east of 
the Badami field. In January 2009, ADNR issued a conditional interim 
decision that allows for the drilling of two wells by 2010 and the 
commencement of production by 2014. Following startup of production 
from Point Thomson in 2014, field development is expected to include 
additional liquids production and sale of gas. Field development will 
require additional wells, field facilities, and pipelines. The timing 
and nature of additional facilities and expansions will depend upon 
initial field performance and timing of an Alaska gas pipeline to 
export gas off the North Slope.

Ataruq (Two Bits)

    The Ataruq project is permitted for construction but, not 
completely permitted for operation. This Kerr-McGee Oil and Gas 
Corporation project is located about 7.2 km (4.5 mi) northwest of the 
Kuparuk River Unit (KRU) Drill Site 2M. The area consists of two 
onshore prospects and covers about 2,071 hectares (5,120 acres). It 
includes a 6.4-km (4-mi) gravel road and a single gravel pad with 
production facilities and up to 20 wells in secondary containment 
modules. The processed fluids will be transported to DS 2M via a pipe-
in-a-pipe buried line within the access road. After drilling, the 
facility will be normally unmanned.

Shell Offshore Exploration Activities

    Shell anticipates conducting an exploration drilling program, 
called the Suvulliq Project, on BOEMRE Alaska OCS leases located in the 
Beaufort Sea during the arctic drilling seasons of 2011-2016. 
Presently, the arctic drilling seasons are generally considered to be 
from July through October in the Beaufort Sea. Shell will use a 
floating drilling vessel complemented by ice management and oil spill 
response (OSR) barges and/or vessels to accomplish exploration and/or 
delineation drilling during each arctic drilling season. An open water 
program in support of the development of Shell's Beaufort Sea leases 
will involve a site clearance and shallow hazards study as well. A 
detailed description of an offshore drilling activity of this nature 
can be found at: https://alaska.fws.gov/fisheries/mmm/itr.htm, under 
``LOA Applications for Public viewing.''

ION Seismic Activity

    ION is planning an open-water seismic program in the late open-
water and into the ice-covered season, which will consist of an 
estimated 3,000 miles of 2D seismic line acquisition and site clearance 
surveys in the eastern Beaufort Sea. The open-water seismic program 
will consist of two vessels, one active in seismic acquisition and the 
second providing logistical support and ice breaking capabilities. An 
offshore open-water seismic program is proposed to occur between 
September through October 2011.

Development Activities

    Development activities associated with oil and gas Industry 
operations include: road construction; pipeline construction; waterline 
construction; gravel pad construction; camp construction (personnel, 
dining, lodging, maintenance, water production, wastewater treatment); 
transportation (automobile, airplane, and helicopter); runway 
construction; installation of electronic equipment; well drilling; 
drill rig transport; personnel support; and demobilization, 
restoration, and remediation.

Alpine Satellites Development

    CPAI has proposed to develop oil and gas from five satellites. Two 
proposed satellites known as CD-3 (CD North during exploration) and CD-
4 (CD South) are in the Colville Delta. The CD-3 drill site is located 
north of CD-1 (Alpine facility) and is a roadless development accessed 
by a gravel airstrip or ice road in winter. The CD-4 drill site is 
connected to the main production pad via a gravel road. Production 
startup of CD-3 and CD-4 drill sites occurred in late summer 2006. 
Three other proposed satellites known as CD-5, CD-6, and CD-7 (Alpine 
West, Lookout, and Spark, respectively, during exploration) are in the 
NPR-A. Construction of the three NPR-A drill sites is anticipated 
during the ITR period. These remaining three drill sites are proposed 
to be connected to CD-2 via road and bridge over the Niglilq Channel 
from CD-5. The other two drill sites are planned to be connected to CD- 
via road; however, the permitting for these scenarios has not been 
completed. Development of five drill sites is planned by CPAI in the 
immediate future in the Alpine development area and could occur within 
the regulatory period. Production for CD-5, CD-6, and CD-7 are 
scheduled for 2015, 2016, and 2017, respectively.

[[Page 47014]]

Liberty

    BPXA is currently in the process of developing the Liberty field, 
where the use of ultra extended-reach drilling (uERD) technology will 
access an offshore reservoir from existing onshore facilities. The 
Liberty reservoir is located in Federal waters in Foggy Island Bay 
about 13 km (8 mi) east of the Endicott Satellite Drilling Island 
(SDI). Liberty prospect is located approximately 5.5 miles offshore in 
20 ft of water. The development of Liberty was first proposed in 1998 
when BPXA submitted a plan to BOEMRE (then MMS) for a production 
facility on an artificial island in Foggy Island Bay. In 2002, BPXA put 
the project on hold to review project design and economics after the 
completion of BPXA's Northstar project. In August 2005, BPXA moved the 
project onshore to take advantage of advances in extended reach 
drilling. Liberty wells will extend as much as 8 miles offshore. 
Drilling of the initial Liberty development well and first oil 
production is planned to occur during the 5-year period of this rule.

North Shore Development

    Brooks Range Petroleum Company (BRPC) is proposing the North Shore 
Development Project to produce oil from several relatively small, 
isolated hydrocarbon accumulations on the North Slope. The fields are 
close to existing Prudhoe Bay infrastructure, where production will 
concentrate on the Ivishak and Sag River sands prospects. Horizontal 
drilling technology and long-reach wells will be used to maximize 
production while minimizing surface impacts. BRPC expects to recover 
between five and ten million barrels of oil, and future exploration 
success could increase the reserves.

Potential Gas Pipeline

    One company is currently proposing to construct a natural gas 
pipeline that would transport natural gas from the North Slope to North 
American markets. Only a small portion (40 km [25 mi] inland) of a 
pipeline would occur within the specified area of activity covered 
under this petition. Initial stages of the gas pipeline development, 
such as environmental studies and route selection, could occur during 
the 5-year period of the requested action.
    The project is proposed by the TransCanada Corporation. The Alaska 
Gasline Inducement Act (AGIA) was passed into law by the State of 
Alaska in May 2007. TransCanada Corporation was selected by the State 
of Alaska in August 2008 as the exclusive recipient of the AGIA 
license. TransCanada Corporation is currently in the planning stages of 
developing the Alaska Pipeline Project, which will move natural gas 
from Alaska to North American markets. The project is planned to 
stretch approximately 2,760 km (1,715 mi) from Prudhoe Bay to the 
British Columbia/Alberta border near Boundary Lake. The Alaska Pipeline 
Project also includes a gas treatment plant in the Prudhoe Bay area 
with associated construction activities including dock/causeway 
improvements and barge channel dredging.

Nikaitchuq Unit

    The Nikaitchuq Unit is located near Spy Island, north of Oliktok 
Point and the Kuparuk River Unit, and northwest of the Milne Point 
Unit. Former operator Kerr-McGee Oil and Gas Corporation drilled three 
exploratory wells on and immediately adjacent to Spy Island, 4 miles 
north of Oliktok Point in the ice-covered season of 2004-2005. The 
current operator, Eni, is moving to develop this site as a future 
production area. Future drilling will be from a small gravel island 
shoreward of the barrier islands. Additional operations will include 
approximately 13 miles of underground pipeline connecting the offshore 
sites to a mainland landfall and onshore facilities pad near Oliktok 
Point.

Production Activities

    Existing North Slope production operations extend from the oilfield 
units of Alpine in the west to Point Thomson and Badami in the east. 
Badami and Alpine are developments without permanent access roads; 
access is available to these fields by airstrips, barges, and seasonal 
ice roads. Oil pipelines extend from these fields and connect to the 
Trans-Alaska Pipeline System (TAPS). North Slope oilfield developments 
include a series of major fields and their associated satellite fields. 
In some cases a new oilfield discovery has been developed completely 
using existing infrastructure. Thus, the Prudhoe Bay oilfield unit 
encompasses the Prudhoe Bay, Lisburne, Niakuk, West Beach, North 
Prudhoe Bay, Point McIntyre, Borealis, Midnight Sun, Polaris, Aurora, 
and Orion reservoirs, while the Kuparuk oilfield development 
incorporates the Kuparuk, West Sak, Tarn, Palm, Tabasco, and Meltwater 
oilfields.
    Production activities include: personnel transportation 
(automobiles, airplanes, helicopters, boats, rolligons, cat trains, and 
snowmobiles); and unit operations (building operations, oil production, 
oil transport, restoration, remediation, and improvement of oilfield 
operations). Production activities are permanent, year-round 
activities, whereas exploration and development activities are usually 
temporary and seasonal.
    Only production units and facilities operated by BP Exploration 
Alaska, Inc. and ConocoPhillips Alaska, Inc. have been covered under 
previous incidental take regulations (Greater Prudhoe Bay, Endicott, 
Milne Point, Badami, Northstar, Kuparuk River, and Alpine, 
respectively). Now the Oooguruk field, operated by Pioneer, is 
currently producing as well.

Prudhoe Bay Unit

    The Prudhoe Bay oilfield is the largest oilfield by production in 
North America and ranks among the 20 largest oilfields ever discovered 
worldwide. More than 11 billion barrels have been produced from a field 
originally estimated to have 25 billion barrels of oil in place. The 
Prudhoe Bay field also contains an estimated 26 trillion cubic ft of 
recoverable natural gas. More than 1,100 wells are currently in 
operation in the greater Prudhoe Bay oilfields, just over 900 of which 
are producing oil (others are for gas or water injection).
    The total development area in the Prudhoe Bay Unit is approximately 
2,785 hectares (6,883 acres). The Base Operations Center on the western 
side of the Prudhoe Bay oilfield can accommodate 476 people, the nearby 
Main Construction Camp can accommodate up to 680 people, and the 
Prudhoe Bay Operations Center on the eastern side of the field houses 
up to 488 people. Additional contract or construction personnel can be 
housed at facilities in nearby Deadhorse or in temporary camps placed 
on existing gravel pads.

Kuparuk River Unit

    The Kuparuk oilfield is the second-largest producing oilfield in 
North America. More than 2.6 billion barrels of oil are expected to be 
produced from this oilfield. The Greater Kuparuk Area includes the 
satellite oilfields of Tarn, Palm, Tabasco, West Sak, and Meltwater. 
These satellite fields have been developed using existing facilities. 
To date, nearly 900 wells have been drilled in the Greater Kuparuk 
Area. The total development area in the Greater Kuparuk Area is 
approximately 603 hectares (1,508 acres), including 167 km (104 mi) of 
gravel roads, 231 km (144 mi) of pipelines, 6 gravel mine sites, and 
over 50 gravel pads.
    The Kuparuk Operations Center and Kuparuk Construction Camp are 
able to accommodate up to 1,200 people. The

[[Page 47015]]

Kuparuk Industrial Center is primarily used for personnel overflow 
during the winter in years with a large amount of construction.

Greater Point McIntyre

    The Greater Point McIntyre Area encompasses the Point McIntyre 
field and nearby satellite fields of West Beach, North Prudhoe Bay, 
Niakuk, and Western Niakuk. The Point McIntyre area is located 11.3 km 
(7 mi) north of Prudhoe Bay. It was discovered in 1988 and came online 
in 1993. BPXA produces the Point McIntyre area from two drill site 
gravel pads. The field's production peaked in 1996 at 170,000 barrels 
per day, whereas in 2006 production averaged 21,000 barrels per day 
with just over 100 wells in operation. Cumulative oil production as of 
December 31, 2006, was 738 million barrels of oil equivalent.

Milne Point

    Located approximately 56 km (35 mi) northwest of Prudhoe Bay, the 
Milne Point oilfield was discovered in 1969 and began production in 
1985. The field consists of more than 220 wells drilled from 12 gravel 
pads. Milne Point produces from three main fields: Kuparuk, Schrader 
Bluff, and Sag River. Cumulative oil production as of December 31, 
2006, was 248 million barrels of oil equivalent. The total area of 
Milne Point and its satellites is 94.4 hectares (236 acres) of tundra, 
including 31 km (19 mi) of gravel roads, 64 km (40 mi) of pipelines, 
and one gravel mine site. The Milne Point Operations Center has 
accommodations for up to 300 people. It is estimated that the Ugnu 
reservoir contains roughly 20 billion barrels of heavy oil in place. 
BPXA's reservoir scientists and engineers conservatively estimate that 
roughly 10 percent of that resource, or 2 billion barrels, could be 
recoverable. Currently, cold heavy oil production with sand (CHOPS) 
technology is being tested at Milne South Pad. CHOPS is part of a 
multiyear technology testing and research program initiated at Milne 
Point in 2007.

Endicott

    The Endicott oilfield is located approximately 16 km (10 mi) 
northeast of Prudhoe Bay. It is the first continuously producing 
offshore field in the U.S. arctic. The Endicott oilfield was developed 
from two manmade gravel islands connected to the mainland by a gravel 
causeway. The operations center and processing facilities are located 
on the 18-hectare (45-acre) Main Production Island. Approximately 80 
wells have been drilled to develop the field. Two satellite fields 
drilled from Endicott's Main Production Island access oil from the 
Ivishak formation: Eider produces about 110 barrels per day, and Sag 
Delta North produces about 117 barrels per day. The total area of 
Endicott development is 156.8 hectares (392 acres) of land with 25 km 
(15 mi) of roads, 47 km (29 mi) of pipelines, and one gravel mine site. 
Approximately 100 people are housed at the Endicott Operations Center.

Badami

    Production began from the Badami oilfield in 1998, but has not been 
continuous. The Badami field is located approximately 56 km (35 mi) 
east of Prudhoe Bay and is currently the most easterly oilfield 
development on the North Slope. The Badami development area is 
approximately 34 hectares (85 acres) of tundra including 7 km (4.5 mi) 
of gravel roads, 56 km (35 mi) of pipeline, one gravel mine site, and 
two gravel pads with a total of eight wells. There is no permanent road 
connection from Badami to Prudhoe Bay. The pipeline connecting the 
Badami oilfield to the common carrier pipeline system at Endicott was 
built from an ice road. The cumulative production is five million 
barrels of oil equivalent. This field is currently in ``warm storage'' 
status, i.e., site personnel are minimized and the facility is 
maintained at a minimal level. Additionally, it currently is not 
producing oil reserves at this time. BPXA recently entered into an 
agreement with Savant LLC; under this agreement Savant will drill an 
exploration well in the winter of 2009 and potentially add an 
additional well in 2010. Depending on the outcome of these drilling 
programs, Badami could resume production.

Alpine

    Discovered in 1996, the Alpine oilfield began production in 
November 2000. Alpine is the westernmost oilfield on the North Slope, 
located 50 km (31 mi) west of the Kuparuk oilfield and 14 km (9 mi) 
northeast of the village of Nuiqsut. Although the Alpine reservoir 
covers 50,264 hectares (124,204 acres), it has been developed from 65.9 
hectares (162.92 acres) of pads and associated roads. Alpine features a 
combined production pad/drill site and three additional drill sites 
with an estimated 172 wells. There is no permanent road connecting 
Alpine with the Kuparuk oilfield; small aircraft are used to provide 
supplies and crew changeovers. Major resupply activities occur in the 
winter, using the ice road that is constructed annually between the two 
fields. The Alpine base camp can house approximately 540 employees.

Northstar

    The Northstar oilfield was discovered in 1983 and developed by BPXA 
in 1995. The offshore oilfield is located 6 km (4 mi) northwest of the 
Point McIntyre field and 10 km (6 mi) from Prudhoe Bay in about 39 feet 
of water. The 15,360-hectare (38,400-acre) reservoir has now been 
developed from a 2-hectare (5-acre) artificial island. Production from 
the Northstar reservoir began in late 2001. The 2-hectare (5-acre) 
island will eventually contain 19 producing wells, six gas injector 
wells, and one solids injection well. A subsea pipeline connects 
facilities to the Prudhoe Bay oilfield. Access to Northstar is via 
helicopter, hovercraft, and boat.

Oooguruk Unit

    The Oooguruk Unit is located adjacent to and immediately northwest 
of the Kuparuk River Unit in shallow waters of the Beaufort Sea, near 
Thetis Island. Unit production began in 2008. Facilities include an 
offshore drill site and onshore production facilities pad. In addition, 
a subsea 5.7-mile flowline transports produced fluids from the offshore 
drill site to shore, where it transitions to an aboveground flowline 
supported on vertical support members for 3.9 km (2.4 mi) to the 
onshore facilities for approximately 3.3 hectares (8.2 acres). The 
offshore drill site (2.4 hectares, 6 acres) is planned to support 48 
wells drilled from the Nuiqsut and Kuparuk reservoirs. The wells are 
contained in well bay modules, with capacity for an additional 12 
wells, if needed. Pioneer is additionally proposing production 
facilities west of KRU drill site 3S on State oil and gas leases. The 
contemplated facilities consist of two drill sites near the Colville 
River delta mouth, a tie-in pad adjacent to DS-3S, gravel roads, flow 
lines, and power lines. Drilling of the initial appraisal well is 
planned to start in 2013, with first oil production as early as 2015.
    During the time period of the previous ITRs (2006-2011), three 
development projects were described as possibly moving into the 
production phase. Currently, only Oooguruk is producing. The two other 
developments, Nikaitchuq and the Alpine West Development, have not 
begun to produce oil to their fullest capacity. Concurrently, there are 
two additional developments that could be producing oil during the 
regulatory period. They are the Liberty and North Shore developments.

[[Page 47016]]

    Proposed production activities will increase the total area of the 
Industrial footprint by the addition of new facilities, such as drill 
pads, pipelines, and support facilities, in the geographic region; 
however, oil production volume is expected to continue to decrease 
during this 5-year regulatory period, despite new fields initiating 
production. This is due to current producing fields reducing output and 
new fields not maintaining the loss of that output. Current monitoring 
and mitigation measures, described later, will be kept in place.

Evaluation of the Nature and Level of Activities

    During the period covered by the regulations, we anticipate the 
annual level of activity at existing production facilities, as well as 
levels of new annual exploration and development activities, will be 
similar to that which occurred under the previous regulations, although 
exploration and development may shift to different locations, and new 
production facilities will add to the overall Industry footprint. 
Additional onshore and offshore production facilities are being 
considered within the timeframe of these regulations, potentially 
adding to the total permanent activities in the area. The progress is 
similar to prior production schedules, but there is a potential 
increase in the accumulation of the industrial footprint, with an 
increase mainly in onshore facilities.

Biological Information

Pacific Walrus

    The Pacific walrus (Odobenus rosmarus divergens), is represented by 
a single population of animals inhabiting the shallow continental shelf 
waters of the Bering and Chukchi seas. The distribution of Pacific 
walruses varies markedly with seasons. During the late-winter breeding 
season, walruses are found in areas of the Bering Sea where open leads 
(linear openings or cracks in the sea ice), polynyas (areas of open sea 
surrounded by sea ice), or areas of broken pack ice occur. Significant 
winter concentrations are normally found in the Gulf of Anadyr, the St. 
Lawrence Island Polynya, 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, Russia, in the vicinity of 
Wrangell Island. Small herds of walruses occasionally range east of 
Point Barrow into the Beaufort Sea in late summer. As the ice edge 
advances southward in the fall, walruses reverse their migration and 
re-group on the Bering Sea pack ice.

Population Status

    The size of the Pacific walrus population has never been known with 
certainty. Based on large sustained harvests in the 18th and 19th 
centuries, Fay (1957) speculated that the pre-exploitation population 
was represented by a minimum of 200,000 animals. Since that time, 
population size is believed to have fluctuated markedly in response to 
varying levels of human exploitation. Large-scale commercial harvests 
are believed to have reduced the population to 50,000-100,000 animals 
in the mid-1950s (Fay et al. 1989). The population appears to have 
increased rapidly in size during the 1960s and 1970s in response to 
harvest regulations and reductions in hunting pressure (Fay et al. 
1989). Between 1975 and 1990, visual aerial surveys were carried out by 
the United States and Russia at 5-year intervals, producing population 
estimates ranging from 201,039 to 290,000 walruses. In 2006, U.S. and 
Russian researchers surveyed walrus groups in the pack ice of the 
Bering Sea using thermal imaging systems to detect walruses hauled out 
on sea ice and satellite transmitters to account for walruses in the 
water. The number of walruses within the surveyed area was estimated at 
129,000, with 95 percent confidence limits of 55,000 to 507,000 
individuals. Previous aerial survey results are highly variable and not 
directly comparable among years because of differences in survey 
methods, timing of surveys, segments of the population surveyed, and 
incomplete coverage of areas where walrus may have been present. 
Because of such issues, existing abundance estimates do not provide a 
basis for determining trends in population size.
    Changes in walrus population status have also been investigated by 
examining changes in biological parameters over time. Based on evidence 
of changes in abundance, distribution, condition indices, and life-
history parameters, Fay et al. (1989) and Fay et al. (1997) concluded 
that the Pacific walrus population increased greatly in size during the 
1960s and 1970s and postulated that the population was approaching, or 
had exceeded, the carrying capacity of its environment by the early 
1980s. Harvest increased in the 1980s. Changes in the size, 
composition, and productivity of the sampled walrus harvest in the 
Bering Strait Region of Alaska over this timeframe are consistent with 
this hypothesis (Garlich-Miller et al. 2006). Harvest levels declined 
sharply in the early 1990s, and increased reproductive rates and 
earlier maturation in females occurred, suggesting that density-
dependent feedback mechanisms had been relaxed and the population had 
likely dropped below carrying capacity (Garlich-Miller et al. 2006). 
However, it is unknown whether density-dependent changes in life-
history parameters were mediated by changes in population abundance or 
changes in the carrying capacity of the environment (Garlich-Miller et 
al. 2006).

Habitat

    Walruses rely on floating pack ice as a substrate for resting and 
giving birth. Walruses generally require ice thicknesses of 50 cm (20 
in) or more to support their weight. Although walruses can break 
through ice up to 20 cm (8 in) thick, they usually occupy areas with 
natural openings and are not found in areas of extensive, unbroken ice 
(Fay 1982). Thus, their concentrations in winter tend to be in areas of 
divergent ice flow or along the margins of persistent polynyas. 
Concentrations in summer tend to be in areas of unconsolidated pack 
ice, usually within 100 km (30 mi) of the leading edge of the ice pack 
(Gilbert 1999). 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 Wrangell and Herald islands, 
which are considered important haul-out areas in September, especially 
in years when the pack ice retreats far to the north.
    Although capable of diving to deeper depths, walruses are generally 
found in shallow waters of 100 m (300 ft) or less, possibly because of 
higher productivity of their benthic foods in shallower water. They 
feed almost exclusively on benthic invertebrates, although Native

[[Page 47017]]

hunters have also reported incidents 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 
and their dependent young 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 (Ray et al. 
2006). 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.

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. (Fay et al. 1984). Calves are capable of entering 
the water shortly after birth, but tend to haul out 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 newborns to aid 
in their thermoregulation (Fay and Ray 1968) and carry them on their 
back or under their flipper while in the water (Gehnrich 1984). Females 
with newborns often join together to form large ``nursery herds'' 
(Burns 1970). 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.

Mortality

    Polar bears are known to prey on walrus calves, and killer whales 
(Orcinus orca) have been known to take all age classes of walruses 
(Frost et al. 1992, Melnikov and Zagrebin 2005). 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 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 
Service, in partnership with the Eskimo Walrus Commission (EWC) and the 
Association of Traditional Marine Mammal Hunters of Chukotka, 
administered subsistence harvest monitoring programs in Alaska and 
Chukotka in 2000-2005. Harvest mortality over this timeframe averaged 
5,458 walruses per year. This mortality estimate includes corrections 
for under-reported harvest and struck and lost animals.
    Intra-specific 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.

Distribution and Abundance of Pacific Walruses in the Beaufort Sea

    The distribution of Pacific walruses is thought to be influenced 
primarily by the extent of the seasonal pack ice. 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. In years when the sea ice retreats beyond the relatively 
shallow continental shelf waters of the Chukchi Sea, some animals 
migrate west towards Chukotka, while others have been observed hauling 
out along the shoreline between Point Barrow and Cape Lisburne. In 
recent years, coastal haulouts in Chukotka have seen regular and 
persistent use in the fall. Russian biologists attribute the increased 
use of these coastal haulouts to diminishing sea ice habitat. A similar 
event was recorded along the Alaskan coastline in August-September 
2007, 2009, and 2010, when several thousand animals were reported along 
the Chukchi Sea coast between Barrow and Cape Lisburne. The pack ice 
usually advances rapidly southward in October, and most walruses are 
thought to have moved into the Bering Sea by mid- to late-November.
    Although most walruses remain in the Chukchi Sea throughout the 
summer months, small numbers of animals occasionally range into the 
Beaufort Sea in late summer. A total of 18 walrus sightings has been 
reported as a result of Industry monitoring efforts over the past 20 
years (Kalxdorff and Bridges 2003, USFWS unpubl. data). Two sightings 
occurred in 1996; one involved a single animal observed from a seismic 
vessel near Point Barrow, and a second animal was sighted during an 
aerial survey approximately 5 miles northwest of Howe Island. In 1997, 
another single animal was sighted during an aerial survey approximately 
20 miles north of Pingok Island. In 1998, a dead walrus was observed on 
Pingok Island being scavenged by polar bears. One walrus was observed 
hauled out near the SDC at McCovey in 2002. In 2004, one walrus was 
observed 50 m (164 ft) from the Saltwater Treatment Plant, on West 
Dock. In addition, walrus have been observed on the armor of Northstar 
Island three times since 2001; in 2004, three walrus were observed on 
the armor in two separate instances.

[[Page 47018]]

Between 2005 and 2009 additional walruses were recorded.

Climate Change

    Analyses of long-term environmental data sets indicate that 
substantial reductions in both the extent and thickness of the arctic 
sea-ice cover have occurred over the past 40 years. Record minimum sea 
ice extent was recorded in 2002, 2005, and again in 2007; sea-ice cover 
in 2003 and 2004 was also substantially below the 20-year mean. 
Walruses rely on suitable sea ice as a substrate for resting between 
foraging bouts, calving, molting, isolation from predators, and 
protection from storm events. The juxtaposition of sea ice over 
shallow-shelf habitat suitable for benthic feeding is important to 
walruses. Recent trends in the Chukchi Sea have resulted in seasonal 
sea-ice retreat off the continental shelf and over deep Arctic Ocean 
waters, presenting significant adaptive challenges to walruses in the 
region. Reasonably foreseeable impacts to walruses as a result of 
diminishing sea ice cover include: shifts in range and abundance, such 
as hauling out on land and potential movements into the Beaufort Sea; 
increased vulnerability to predation and disturbance; declines in prey 
species; increased mortality rates resulting from storm events; and 
premature separation of females and dependent calves. Secondary effects 
on animal health and condition resulting from reductions in suitable 
foraging habitat may also influence survivorship and productivity. 
Future studies investigating walrus distributions, population status 
and trends, and habitat use patterns are important for responding to 
walrus conservation and management issues associated with environmental 
and habitat changes.

Polar Bear

    The polar bear (Ursus maritimus) was listed as threatened, range-
wide, under the Endangered Species Act (ESA) on May 15, 2008, due to 
loss of sea ice habitat caused by climate change (73 FR 28212). The 
Service published a final special rule under section 4(d) of the ESA 
for the polar bear on December 16, 2008 (73 FR 76249), which provides 
for measures that are necessary and advisable for the conservation of 
polar bears. This means that this special 4(d) rule: (a) In most 
instances, adopts the conservation regulatory requirements of the MMPA 
and the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES) for the polar bear as the appropriate 
regulatory provisions for the polar bear; (b) provides that incidental, 
nonlethal take of polar bears resulting from activities outside the 
bear's current range is not prohibited under the ESA; (c) clarifies 
that the special rule does not alter the Section 7 consultation 
requirements of the ESA; and (d) applies the standard ESA protections 
for threatened species when an activity is not covered by an MMPA or 
CITES authorization or exemption.
    Polar bears occur throughout the arctic. In Alaska, they have been 
observed as far south in the eastern Bering Sea as St. Matthew Island 
and the Pribilof Islands (Ray 1971). 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 CS and SBS polar bear stocks 
are described below. A detailed description of the CS and SBS 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).
    Management and conservation concerns for the SBS and CS polar bear 
populations 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 oil and gas 
activities; atmospheric and oceanic transport of contaminants into the 
Arctic; and over-harvest, should polar bear stocks become nutritionally 
stressed or decline due to some combination of the aforementioned 
threats.

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, suggest 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 from the 
mid-1980s 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 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). Although the confidence intervals of the current population 
estimate overlap the previous p