50 CFR 18 Subpart J

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Title 50: Wildlife and Fisheries
PART 18—MARINE MAMMALS
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Subpart J—Nonlethal Taking of Marine Mammals Incidental to Oil and Gas Exploration,
Development, and Production Activities in the Beaufort Sea and Adjacent Northern
Coast of Alaska
Source: 71 FR 43950, Aug. 2, 2006, unless otherwise noted.
§ 18.121 What specified activities does this subpart cover?
Regulations in this subpart apply to the nonlethal incidental, but not intentional, take of small numbers of
polar bear and Pacific walrus by you (U.S. citizens as defined in §18.27(c)) while engaged in oil and gas
exploration, development, and production activities in the Beaufort Sea and adjacent northern coast of
Alaska.

§ 18.122 In what specified geographic region does this subpart apply?
This subpart applies to the specified geographic region defined by a north-south line at Barrow, Alaska,
and includes all Alaska coastal areas, State waters, and Outer Continental Shelf waters east of that line
to the Canadian border and an area 25 miles inland from Barrow on the west to the Canning River on
the east. The Arctic National Wildlife Refuge is not included in the area covered by this subpart. Figure 1
shows the area where this subpart applies.

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§ 18.123 When is this subpart effective?
Regulations in this subpart are effective from August 2, 2006 through August 2, 2011 for year-round oil
and gas exploration, development, and production activities.

§ 18.124 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, development, or production activity in the specified
geographic region described in §18.122 that may cause the taking of polar bear or Pacific walrus in
execution of those activities and you want nonlethal incidental take authorization under this rule, you
must apply for a Letter of Authorization for each exploration activity or a Letter of Authorization for
activities in each development or production area. 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.
(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 polar bear and Pacific
walrus that may be present during the ongoing activities. 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.

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(4) A Plan of Cooperation to mitigate potential conflicts between the proposed activity and subsistence
hunting, where relevant. This Plan of Cooperation must identify measures to minimize adverse effects
on the availability of polar bear and Pacific walrus for subsistence uses if the activity takes place in or
near a traditional subsistence hunting area. Some of these measures may include, but are not limited to,
mitigation measures described in §18.128.

§ 18.125 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 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 should
we determine that an emergency exists that poses a significant risk to the well-being of the species or
stock of polar bear or Pacific walrus.

§ 18.126 What does a Letter of Authorization allow?
(a) Your Letter of Authorization may allow the nonlethal incidental, but not intentional, take of polar bear
and Pacific walrus 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;
(3) Developing oil fields and associated activities;
(4) Drilling production wells and performing production support operations;
(5) Conducting environmental monitoring activities associated with exploration, development, and
production activities to determine specific impacts of each activity;
(6) Conducting restoration, remediation, demobilization programs, and associated activities.
(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 polar bear and Pacific walrus, 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.

§ 18.127 What activities are prohibited?
(a) Intentional take and lethal incidental take of polar bear or Pacific walrus; and
(b) Any take that fails to comply with this part or with the terms and conditions of your Letter of
Authorization.

§ 18.128 What are the mitigation, monitoring, and reporting requirements?
(a) 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, development, and production
activities on polar bear and Pacific walrus.

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(b) Holders of Letters of Authorization must designate a qualified individual or individuals to observe,
record, and report on the effects of their activities on polar bear and Pacific walrus.
(c) All holders of Letters of Authorization are required to have an approved polar bear and/or walrus
interaction plan on file with the Service and on-site, and polar bear awareness training will also be
required of certain personnel. Interaction plans must 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) Walrus/bear observation and reporting procedures; and
(6) Bear/walrus avoidance and encounter procedures.
(d) All applicants for a Letter of Authorization must contact affected subsistence communities to discuss
potential conflicts caused by location, timing, and methods of proposed operations and submit to us a
record of communication that documents these discussions. If appropriate, the applicant for a Letter of
Authorization must also submit to us a Plan of Cooperation that ensures that activities will not interfere
with subsistence hunting and that adverse effects on the availability of polar bear or Pacific walrus are
minimized.
(e) Mitigation measures that may be required on a case-by-case basis include:
(1) The use of trained marine mammal monitors associated with marine activities. We may require a
monitor on the site of the activity or on board drill ships, drill rigs, aircraft, icebreakers, or other support
vessels or vehicles to monitor the impacts of Industry's activity on polar bear and Pacific walrus.
(2) The use of den habitat map developed by the USGS. A map of potential coastal polar bear denning
habitat can be found at:
http://www.absc.usgs.gov/research/sis_summaries/polar_bears_sis/mapping_dens.htm. This measure
ensures that the location of potential polar bear dens is considered when conducting activities in the
coastal areas of the Beaufort Sea.
(3) The use of Forward Looking Infrared (FLIR) imagery, polar bear scent-trained dogs, or both to
determine the presence or absence of polar bear dens in area of the activity.
(4) Restricting the timing of the activity to limit disturbance around dens.
(5) Requiring a 1-mile exclusion buffer surrounding known dens. If known occupied dens are located
within an operator's area of activity, we will require a 1-mile 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.
(f) For exploratory and development activities, 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. For production activities, holders of a Letter of Authorization must submit a
report to our Alaska Regional Director (Attn: Marine Mammals Management Office) by January 15 for
the preceding year's activities. Reports must include, at a minimum, the following information:
(1) Dates and times of activity;
(2) Dates and locations of polar bear or Pacific walrus activity as related to the monitoring activity; and
(3) Results of the monitoring activities required under subsection (g) of this section, including an
estimated level of take.

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(g) Monitoring requirements include, but are not limited to:
(1) For all activities, all sightings of polar bears and walrus must be recorded. To the extent possible, the
monitor will record group size, age, sex, reaction, duration of interaction, and closest approach to
Industry activity.
(2) Activities within the coast of the geographic region may incorporate daily polar bear watch logs.
(3) Polar bear monitors will be required under the monitoring 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 regards to proximate bear activity to Industry facilities.
(4) Offshore sites may require systematic monitoring protocols for polar bears and walrus due to their
nearshore locations. Systematic monitoring may be implemented to statistically monitor observation
trends of walrus or polar bears in the nearshore areas where they usually occur.

§ 18.129 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 (MMPA).
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.
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