The NewsRoom
Fact Sheet: Sale 193, Chukchi Sea
Date: February 1, 2008
Chukchi Sea
OCS Lease Sale 193:
Protective Measures for Protected Species
Lease Sale 193
Background
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The Minerals Management Service (MMS) proposed and
started work on Chukchi Sea Lease Sale 193, in the 2002-2007 Oil
and Gas Leasing Program but delayed the sale itself until the
2007-2012 Program to provide sufficient time to complete the
environmental analyses. |
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Those environmental analyses included an
Environmental Impact Statement under the National Environmental
Policy Act, and consultations with the U.S. Fish and Wildlife
Service (FWS) and the National Marine Fisheries Service (NMFS)
under the Endangered Species Act (ESA). Both agencies issued “no
jeopardy” biological opinions for the sale and resulting
exploration. |
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Both 5-Year Programs were subjected to rigorous
public scrutiny. Both were provided to Congress as required by
law. Congress, as a body, did not take action to disapprove
either program. |
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Both 5-Year Programs were developed under the
statutory requirements of the Outer Continental Shelf (OCS) Lands
Act, and included preparing comprehensive environmental impact
statements. Under those processes, the bureau solicited comment
from other Federal and State agencies and the public, and held
several hearings in the local communities. |
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For both 5-Year Programs, the current and former
Governors of Alaska supported holding lease sales in the Chukchi
Sea. |
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Our analyses also included coordination with local
governments and federally recognized tribes and compliance with
statutes such as the OCS Lands Act, the ESA, the MMPA, the
Magnuson-Stevens Fishery Conservation and Management Act, and the
Coastal Zone Management Act. Through these reviews, we assessed
the potential direct, indirect, and cumulative effects of the
lease sale on marine mammals, including polar bears, and
subsistence activities. |
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As a result of the careful environmental analysis
we prepared, which considered an area of 34 million acres, the
Secretary of the Interior decided to decrease the size of the sale
by expanding the coastal buffer zone. This limited the sale area
to less than 30 million acres. |
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The sale area now excludes near-shore waters
ranging from about 25 to 50 miles from the coast. This near-shore
“polynya” zone includes the corridor through which the bowhead and
beluga whales, other marine mammals, and marine birds migrate
north in the spring, and in which local communities subsistence
hunt. |
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In addition to our comprehensive regulatory
program, leases issued from the sale will include stipulations for
protection of biological resources, including marine mammals and
migratory and other protected birds, and methods to minimize
interference with subsistence hunting and other subsistence
harvesting activities. |
Species Protected by the
Endangered Species Act
The MMS consulted with the FWS and
the NMFS on those species protected by the Endangered Species Act that
could be affected by leasing and exploration activities. The FWS and
NMFS determined the Lease Sale and resulting exploration activities
would not jeopardize the continued existence of any threatened or
endangered species. The FWS and NMFS identified specific measures to
be implemented to minimize any unintentional harm or “incidental take”
associated with post-lease activities. For example, to protect
threatened birds these measures include:
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To avoid Steller’s or spectacled eiders becoming
attracted to and colliding with vessels and structures, vessels
and exploration drilling structures must implement a lighting
protocol to minimize the amount of outwardly radiating light. Any
birds found injured or killed must be promptly reported; and |
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To avoid disturbing molting Steller’s or spectacled
eiders, vessels cannot traverse the Ledyard Bay Critical Habitat
Area when molting eiders are present, except for emergency
purposes. Similarly, aircraft flying over the Critical Habitat
Unit must be 1,500 feet above sea level, except during
emergencies. |
The MMS has advised potential
lessees that the FWS is proposing to list the polar bear as a
threatened species under the ESA and is compiling a comprehensive
scientific review to assess the current status and future of the
species. If the polar bear is listed under the ESA, then MMS will
formally consult with FWS on activities that may affect the polar
bear. As a result of that consultation, MMS may require additional
mitigation measures for OCS activities to ensure appropriate
protection. (See below for more protective measures specific to the
polar bear.)
MMS will consult with FWS and NMFS
on any future Development and Production Plans (as part of the
incremental step consultation process) and conduct a NEPA review.
Additionally, all marine mammals are subject to provisions of the
Marine Mammal Protection Act (MMPA).
Species Protected by the
Marine Mammal Protection Act
The FWS implements the MMPA for
polar bears and walrus. The NMFS implements the MMPA for whales and
seals. Companies apply to those Agencies for permits to cover
unintentional harm or “incidental take” of marine mammals that might
occur during oil and gas related activities. The Incidental
Harassment Authorization or Letter of Authorization issued to the
company by those Agencies will specify operating conditions and
monitoring/reporting requirements to ensure the activities would have
no more than a negligible effect on any marine mammal population and
prevent unreasonable conflict with subsistence harvest opportunities.
For example:
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A lessee proposing to conduct exploration
operations on a lease during periods of subsistence use related to
bowhead whales, beluga whales, ice seals, walruses, and polar
bears will be required to conduct a site-specific monitoring
program. |
Specific Measures to
Protect Polar Bears
The MMS included items specific to
polar bears in its “Information to Lessees” (ITL) issued for Sale
193. Lessees were directed to:
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Obtain authorization under the MMPA from the FWS
prior to commencing any operations; |
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Coordinate with FWS and local Native communities
while planning oil and gas development activities and before
submission of their Oil-Spill Response Plans to ensure potential
threats to polar bears are adequately addressed based on the most
current knowledge regarding their habitat use, distribution, and
population status; and |
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Conduct their activities in a way that will limit
potential encounters and interaction between lease operations and
polar bears. |
Additional Information
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Lessees are advised that the MMS intends to
continue its area-wide endangered bowhead whale monitoring project
in the Beaufort Sea, and plans to conduct monitoring of marine
mammals in the Chukchi Sea. The monitoring will gather
information on whale distribution patterns that will be used by
MMS and others to assess impacts on bowhead whales. |
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Over the last 30 years, MMS has provided nearly $300 million in
funding to study the offshore areas in Alaska, and more studies
are planned for the current fiscal year. |
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Over the past five years, MMS has funded targeted research to
further our understanding of polar bear life history, feeding
behaviors, use of sea-ice habitat, population and recruitment
dynamics, development of new technology for locating and mapping
polar bear travels and maternal dens, best practices for
operations in polar bear habitats, and monitoring needs. |
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Other MMS studies indirectly help to better understand polar bears
by gathering information on animal species that are food for the
bears, oil spill modeling and response capabilities, and changes
in sea-ice conditions. |
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These studies complement the research supported by
other Federal and State agencies and non-government organizations,
and significantly add to the information base on polar bears and
other marine mammals in the Beaufort and Chukchi Seas. |
Media Contact:
Nicolette Nye 703-787-1011
MMS: Securing Ocean Energy & Economic Value for America
U.S. Department of the Interior
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