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

For the reasons set forth in the preamble, the FWS amends part 18, subchapter B of chapter 1, title 50 of the Code of Federal Regulations as set forth below.

PART 18--MARINE MAMMALS

0 1. The authority citation of 50 CFR Part 18 continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

0 2. Amend part 18 by adding subpart J to read as follows:

Subpart J--Taking of Marine Mammals Incidental to Oil and Gas Exploration, Development, and Production Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska

Sec. 18.119 Specified activities covered by this subpart. 18.120 Specified geographic region where this subpart applies. 18.121 Dates this subpart is in effect. 18.122 Procedure to obtain a letter of authorization (LOA). 18.123 How the FWS will evaluate a request for an LOA. 18.124 Authorized take allowed under an LOA. 18.125 Prohibited take under an LOA. 18.126 Mitigation. 18.127 Monitoring. 18.128 Reporting requirements. 18.129 Information collection requirements.

Sec. 18.119 Specified activities covered by this subpart.

This subpart applies to the incidental, but not intentional, take of small numbers of polar bears and Pacific walruses (hereafter walruses) by certain U.S. citizens while engaged in oil and gas exploration, development, production, and transportation activities in the Beaufort Sea and adjacent northern coast of Alaska. A letter of authorization (LOA) from the FWS is required to authorize incidental take that may occur during the specified activities. The entities described in Sec. 18.122 may request an LOA pursuant to the regulations in this subpart.

Sec. 18.120 Specified geographic region where this subpart applies.

This subpart applies to the specified geographic region that encompasses all Beaufort Sea waters east of a north-south line through Point Barrow, Alaska (latitude 71.39139[deg] N, longitude 156.475[deg] W; Board on Geographic Names (BGN) 1944), and 80.5 kilometer (km) (50 miles (mi)) north of Point Barrow, including Alaska State waters and Outer Continental Shelf waters, and east of that line to the Canadian border.

(a) The offshore boundary of the Beaufort Sea incidental take regulations (ITR) region extends 80.5 km (50 mi) offshore. The onshore region is the same north/south line at Utqiagvik, 40.2 km (25 mi) inland and east to the Canning River.

(b) Lands and waters within the exterior boundaries of the Arctic National Wildlife Refuge are not included in the Beaufort Sea ITR region. Figure 1 shows the area where this subpart applies. BILLING CODE 4333-15-P

Figure 1 to Sec. 18.120--Map of the Beaufort Sea ITR Region [GRAPHIC] [TIFF OMITTED] TR19OC26.003

BILLING CODE 4333-15-C

Sec. 18.121 Dates this subpart is in effect.

This subpart is effective from October 19, 2026, through October 19, 2031, for year-round oil and gas exploration, development, production, and associated transportation activities.

Sec. 18.122 Procedure to obtain a letter of authorization (LOA).

(a) An applicant must be a U.S. citizen as defined in Sec. 18.27(c) and among:

(1) Those entities specified in the request for this rule as set forth in paragraph (b) of this section;

(2) Any of their corporate affiliates; or

(3) Any of their respective contractors, subcontractors, partners, owners, co-lessees, designees, or successors-in-interest.

(b) The entities specified in the request (as modified) are the Alaska Oil and Gas Association, which includes Alyeska Pipeline Service Company; BlueCrest Energy, Inc.; Chevron Corporation; ConocoPhillips Alaska, Inc. (CPAI); ExxonMobil Alaska Production, Inc. (ExxonMobil); Finnex; Furie Operating Alaska, LLC; Glacier Oil and Gas Corporation (Glacier); Hilcorp Alaska, LLC and Hilcorp North Slope, LLC (Hilcorp); Marathon Petroleum Corporation; Petro Star Inc.; Repsol; Santos; Shell Exploration and Production Company (Shell); APA Corporation; and 8 Star Alaska, LLC (a non-member company).

(c) Request for LOAs must be submitted to the FWS's Alaska Region Marine Mammals Management (MMM) Office, MS 341, 1011 East Tudor Road, Anchorage, Alaska 99503, at least 90 days prior to the start of the activity.

(d) The request for an LOA must comply with the requirements set forth in Sec. Sec. 18.126 through 18.128 and must include the following information:

(1) An operational plan that describes in detail the activity (e.g., type of project, methods, and types and numbers of equipment and personnel), the dates and duration of the activity, and the specific locations affected by the activity;

(2) A site-specific walrus and polar bear safety, awareness, and interaction plan; the plan for each activity and location will detail the policies and procedures that will provide for the safety and awareness of personnel, avoid interactions with walruses and

polar bears, and minimize impacts to these animals;

(3) A site-specific marine mammal monitoring and mitigation plan to monitor and mitigate the effects of the activity on walruses and polar bears; and

(4) If necessary, a plan of cooperation (POC) to mitigate potential conflicts between the activity and subsistence hunting.

(i) In a POC, applicants must provide documentation of communication with potentially affected subsistence communities along the Beaufort Sea coast (i.e., Kaktovik, Nuiqsut, and Utqiagvik) and appropriate subsistence user organizations (i.e., the Alaska Nannut Co- Management Council, the Eskimo Walrus Commission, or North Slope Borough) to discuss the location, timing, and methods of activities and identify and mitigate any potential conflicts with subsistence walrus and polar bear hunting activities. Applicants must specifically inquire of relevant communities and organizations if the activity will interfere with the availability of walruses and/or polar bears for the subsistence use of those groups.

(ii) Documentation must include a summary of any concerns identified by community members and hunter organizations and the applicant's responses to identified concerns.

Sec. 18.123 How the FWS will evaluate a request for an LOA.

We will evaluate each request for an LOA 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 considering the number of animals estimated to be taken and evaluating whether there will be a negligible impact on the species or stock and an unmitigable adverse impact on the availability of the species or stock for subsistence uses. If the level of the operator's activity is within the level of activity already analyzed by us, we will grant the LOA without further analysis. If the level of activity is greater, we may request further information but will not require additional data requirements beyond those required by Sec. 18.22(d). We will reevaluate our findings to determine if those findings continue to be appropriate based on the combined estimated take of the greater level of activity that the applicant has requested and all other activities proposed during the time of the activities in the LOA request. Depending on the results of the evaluation, we may grant the LOA, add further conditions, or deny the LOA request.

Sec. 18.124 Authorized take allowed under an LOA.

(a) To incidentally take marine mammals pursuant to this subpart, the applicant must apply for and obtain an LOA in accordance with Sec. Sec. 18.27(f) and 18.122.

(b) An LOA issued under this subpart allows for the incidental take, as defined under section 3 of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1362), of walruses and/or polar bears during activities specified in Sec. 18.119 within the Beaufort Sea ITR region described in Sec. 18.120.

(c) Each LOA will set forth:

(1) Permissible methods of incidental take;

(2) Means of effecting the least practicable adverse impact (i.e., mitigation) on the species, its habitat, and the availability of the species for subsistence uses; and

(3) Requirements for monitoring and reporting.

Sec. 18.125 Prohibited take under an LOA.

(a) Any incidental take that fails to comply with the regulations in this subpart or with the terms and conditions of an LOA remain prohibited. This subpart does not authorize any intentional take.

(b) If specified activities cause unauthorized take, the holder of an LOA must:

(1) Cease activities immediately (or reduce activities to the minimum level necessary to maintain safety) and report the details of the incident within 48 hours to the FWS MMM office at 1-907-786-3800 (business hours); and

(2) Suspend further activities until the FWS has reviewed the circumstances, determined whether additional mitigation measures are necessary to avoid further unauthorized taking, and notified the LOA holder that project activities may resume.

Sec. 18.126 Mitigation.

(a) Mitigation measures for all LOAs. Holders of an LOA must implement policies and procedures to conduct activities in a manner that effects the least practicable adverse impact on walruses and/or polar bears, their habitat, and the availability of these marine mammals for subsistence uses. Adaptive management practices, such as temporal or spatial activity restrictions in response to the presence of marine mammals in a particular place or time or the occurrence of walruses and/or polar bears engaged in a biologically significant activity (e.g., resting, feeding, denning, or nursing, among others), must be used to avoid interactions with and minimize impacts to these animals and their availability for subsistence uses. All holders of an LOA must:

(1) Cooperate with the FWS's MMM Office and other designated Federal, State, and local agencies to monitor and mitigate the impacts of activities on walruses and polar bears. Where information is insufficient to evaluate the potential effects of activities on walruses, polar bears, and the subsistence use of this species, holders of an LOA may be required to participate in joint monitoring and/or research efforts to address these information needs and ensure the least practicable adverse impact to these resources.

(2) Designate trained and qualified personnel to monitor for the presence of walruses and polar bears, initiate mitigation measures, and monitor, record, and report the effects of the activities on walruses and/or polar bears.

(3) Have an approved walrus and polar bear safety, awareness, and interaction plan on file with the FWS's MMM Office and onsite and provide polar bear awareness training to certain personnel prior to their participation in the activities. Interaction plans must include:

(i) The type of activity and where and when the activity will occur (i.e., a summary of the plan of operation);

(ii) A food, waste, and other “bear attractants” management plan;

(iii) Personnel training policies, procedures, and materials;

(iv) Site-specific walrus and polar bear interaction risk evaluation and mitigation measures;

(v) Walrus and polar bear avoidance and encounter procedures; and

(vi) Walrus and polar bear observation and reporting procedures.

(b) Mitigation measures for onshore activities. Holders of an LOA must undertake the following activities to limit disturbance around known polar bear dens:

(1) Attempt to locate polar bear dens. Holders of an LOA seeking to carry out onshore activities during the denning season (November-April) must conduct surveys for occupied polar bear dens in all denning habitat within 1.6 km (1 mi) of specified activities using aerial infrared (AIR) imagery. The applicant must conduct at least two such surveys in high and medium density denning zones and at least one such survey in other onshore project areas.

(i) Where one or two AIR surveys are required, the first survey must occur between November 25 and December 25 and the second survey must occur between December 15 and January 15. At least 24 hours must pass between the

completion of a required survey and the beginning of a subsequent required survey.

(ii) AIR surveys will be conducted during darkness or civil twilight and not during daylight hours. Ideal environmental conditions during surveys would be clear, calm, and cold; AIR detection should not be conducted when precipitation or other atmospheric conditions substantially degrade thermal imaging quality or the ability to reliably detect polar bear dens. Flight crews will record and report environmental parameters including air temperatures, dew point, wind speed and direction, cloud ceiling, and percent humidity, and a flight log will be provided to the FWS within 48 hours of the flight.

(iii) A scientist experienced in interpreting AIR imagery will be on board the survey aircraft to analyze the AIR data in real-time. The data (infrared video) will be made available for viewing by the FWS immediately upon return of the survey aircraft to the base of operations.

(iv) All observed or suspected polar bear dens must be reported to the FWS prior to the initiation of activities.

(2) Observe 1-mile operational mitigation zone around known polar bear dens. Operators must observe a 1.6-km (1-mi) operational mitigation zone around all known or suspected polar bear dens during the denning season (November-April, or until the female and cubs leave the areas). Should previously unknown occupied dens be discovered within 1.6 km (1 mi) of activities, the FWS must be contacted for guidance. The FWS will evaluate these instances on a case-by-case basis to determine the appropriate action. Potential actions may range from cessation or modification of work to conducting additional monitoring, and the holder of the LOA must comply with any additional measures specified.

(3) Use the den habitat map developed by the U.S. Geological Survey (USGS). To determine the areas that require surveys, operators must use the map of suitable coastal polar bear denning habitat developed by USGS: https://data.usgs.gov/datacatalog/search?otherKeyword=%5B%22Denning%20habitat%22%5. Doing so will inform LOA holders of the potential locations of polar bear dens for consideration when conducting activities in the coastal areas.

(4) Observe polar bear den restrictions. Restrict the timing of the activity to limit disturbance around known or suspected dens.

(5) Observe den emergence restrictions. If a female and cubs of the year are observed during the den emergence period (February-April), LOA holders must immediately halt or delay any activities that could impede the polar bears' path to the sea ice. LOA holders must also notify the FWS and personnel conducting operations between the female and cubs and the coastline.

(c) Mitigation measures for operational and support vessels. Holders of an LOA must implement the following measures:

(1) Operational and support vessels must be staffed with dedicated marine mammal observers to alert crew of the presence of walruses and polar bears and initiate adaptive mitigation responses.

(2) At all times, vessels must maintain the maximum distance practicable (805-meter (m) (0.5 mi) or greater) from concentrations of walruses or polar bears. Under no circumstances, other than an emergency, should any vessel approach within an 805-meter (m) (0.5-mi) radius of walruses or polar bears observed on land or ice.

(3) Vessel operators must take every precaution to avoid harassment of concentrations of feeding walruses when a vessel is operating near these animals. Vessels should reduce speed and maintain a minimum 805-m (0.5-mi) operational exclusion zone around feeding walrus groups. Vessels may not be operated in such a way as to separate members of a group of walruses (i.e., greater than two) from other members of the group. When weather conditions require, such as when visibility drops, vessels should adjust speed accordingly to avoid the likelihood of injury to walruses.

(4) All vessels must avoid areas of active or anticipated walrus or polar bear subsistence hunting activity as determined through community consultations.

(5) In association with marine activities, we may require trained marine mammal monitors on the site of the activity or onboard ships, aircraft, icebreakers, or other support vessels or vehicles to monitor the impacts of oil and gas industry activity on polar bears and walruses.

(d) Mitigation measures for aircraft to avoid disturbance. Holders of an LOA must implement the following measures:

(1) Follow aircraft elevation and flight path restrictions. Operators of support aircraft shall, at all times, conduct their activities at the maximum distance practicable from concentrations of walruses or polar bears.

(i) Aircraft operations within the project area will maintain a minimum altitude of 457 m (1,500 feet (ft)) above ground level when safe and operationally possible.

(ii) Under no circumstances, other than an emergency, will aircraft operate at an altitude lower than 457 m (1,500 ft) within 805 m (0.5 mi) of known or suspected polar bear dens or walruses or polar bears observed on ice or land measured in a straight line between the animal and the ground directly underneath the aircraft. Helicopters may not hover or circle above such areas or within 805 m (0.5 mi) of such areas. Aircraft may be operated below 457 m (1,500 ft) only when necessary to avoid adverse weather conditions or when operationally necessary. However, when weather conditions necessitate operation of aircraft at altitudes below 457 m (1,500 ft), the operator must avoid areas of known walrus and polar bear concentrations and should take precautions to avoid flying directly over or within 805 m (0.5 mi) of these areas.

(iii) Operators must plan all aircraft routes to minimize any potential conflict with active or anticipated walrus or polar bear hunting activity as determined through community consultations.

(2) Follow aircraft landing and take-off spatial restrictions. Aircraft will not land within 805 m (0.5 mi) of walruses or polar bears. If a polar bear is observed while the aircraft is grounded in remote areas, personnel will board the aircraft and leave the area. The aircraft operator will also avoid flying over the polar bear if possible. Operators should avoid making any sudden maneuvers, especially when traveling at lower altitudes, even if such maneuvers are intended to avoid walruses or polar bears. If a polar bear is observed within the landing zone or work area, operators should travel away from the site and slowly increase altitude to 457 m (1,500 ft) or a level that is safest and viable given current traveling conditions. Aircraft may not be operated in such a way as to separate individual walruses or polar bears from a group (i.e., two or more animals).

(e) Mitigation measures for the subsistence use of walruses and polar bears. Holders of an LOA must conduct their activities in a manner that, to the greatest extent practicable, minimizes adverse impacts on the availability of walruses and polar bears for subsistence uses.

(1) Community consultation. Prior to receipt of an LOA, applicants must consult with potentially affected communities and appropriate subsistence user organizations to discuss potential conflicts with subsistence walrus and polar bear

hunting caused by the location, timing, and methods of operations and support activities. If community concerns suggest that the activities may have an adverse impact on the subsistence uses of these species, the applicant must address conflict avoidance issues through a POC as described in paragraph (e)(2) of this section.

(2) Plan of cooperation. Based on community consultations, the holder of an LOA will be required to modify their POC as needed if directed by the FWS.

(i) The POC must include a description of the procedures by which the holder of the LOA will work and consult with potentially affected subsistence hunters and 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.

(ii) The FWS will review the POC to ensure that any potential adverse effects on the availability of the animals are minimized. The FWS will reject or require modification of POCs if they do not provide adequate safeguards to ensure the least practicable adverse impact on the availability of walruses and polar bears for subsistence use.

Sec. 18.127 Monitoring.

Holders of an LOA must develop and implement a site-specific, FWS- approved marine mammal monitoring and mitigation plan to monitor and evaluate the effectiveness of mitigation measures and the effects of activities on walruses, polar bears, and the subsistence use of these species and provide trained, qualified, and FWS-approved onsite observers to carry out the activities identified in the marine mammal monitoring and mitigation plan.

Sec. 18.128 Reporting requirements.

Holders of an LOA must report the results of monitoring and mitigation activities to the FWS's MMM Office via email at: [email protected].

(a) In-season monitoring reports--(1) Activity progress reports. Holders of an LOA must:

(i) Notify the FWS at least 48 hours prior to the onset of activities;

(ii) Provide the FWS weekly progress reports of any significant changes in activities and/or locations; and

(iii) Notify the FWS within 48 hours after ending of activities.

(2) Walrus observation reports. Holders of an LOA must report, on a weekly basis, all observations of walruses during any industry activity. Upon request, monitoring report data must be provided in a common electronic format (to be specified by the FWS). Information in the observation report must include, but is not limited to:

(i) Date and time of the observation;

(ii) Locations of the observer and walruses (GPS coordinates if possible);

(iii) Number of walruses;

(iv) Sex and age class of walruses (if known);

(v) Observer name and contact information;

(vi) Weather, visibility, and if at sea, sea state, and sea-ice conditions at the time of the observation;

(vii) Estimated distance of walruses at closest approach;

(viii) Industry activity at time of the observation;

(ix) Walrus behavior;

(x) Description of the observation;

(xi) Duration of the observation; and

(xii) Mitigation actions taken.

(3) Polar bear observation reports. Holders of an LOA must report, within 48 hours, all observations of polar bears and potential polar bear dens, during any industry activity. Upon request, monitoring report data must be provided in a common electronic format (to be specified by the FWS). Information in the observation report must include, but is not limited to:

(i) Date and time of the observation;

(ii) Locations of the observer and polar bears (GPS coordinates if possible);

(iii) Number of polar bears;

(iv) Sex and age class of polar bears (if known);

(v) Observer name and contact information;

(vi) Weather, visibility, and if at sea, sea state, and sea-ice conditions at the time of the observation;

(vii) Estimated closest distance of polar bears from personnel and facilities;

(viii) Industry activity at time of the observation;

(ix) Possible attractants present;

(x) Polar bear behavior;

(xi) Description of the observation;

(xii) Duration of the observation; and

(xiii) Mitigation actions taken.

(b) Notification of LOA incident report. Holders of an LOA must report, as soon as possible, but within 48 hours, all LOA incidents during any industry activity. An LOA incident is any situation in which specified activities exceed the authority of an LOA, a mitigation measure was required but not enacted, or injury or death of a walrus or polar bear occurs.

(1) Reports must include all information specified for an observation report, a complete detailed description of the incident, and any other actions taken.

(2) Injured, dead, or distressed walruses or polar bears that are clearly not associated with the specified activities (e.g., animals found outside the project area, previously wounded animals, or carcasses with moderate to advanced decomposition or scavenger damage) must also be reported to the FWS immediately, and not later than 48 hours after discovery. Photographs, video, location information, or any other available documentation must be included.

(c) Final report. The results of monitoring and mitigation efforts identified in the marine mammal monitoring and mitigation plan must be submitted to the FWS for review within 90 days of the expiration of an LOA. Upon request, final report data must be provided in a common electronic format (to be specified by the FWS). Information in the final report must include, but is not limited to:

(1) Copies of all observation reports submitted under the LOA;

(2) A summary of the observation reports;

(3) A summary of monitoring and mitigation efforts including areas, total hours, total distances, and distribution;

(4) Analysis of factors affecting the visibility and detectability of walruses and polar bears during monitoring;

(5) Analysis of the effectiveness of mitigation measures;

(6) Analysis of the distribution, abundance, and behavior of walruses and/or polar bears observed; and

(7) Estimates of take in relation to the specified activities.

Sec. 18.129 Information collection requirements.

OMB has approved the collection of information contained in this subpart and assigned OMB control number 1018-0070. 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 OMB control number. 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, at the address listed in 50 CFR part 2.1.

Brian Nesvik, Director, U.S. Fish and Wildlife Service. [FR Doc. 2026-21371 Filed 10-16-26; 8:45 am] BILLING CODE 4333-15-P