Contacts
For Release: Contact: Bruce Woods (907) 786-3695
In accordance with the Marine Mammal Protection Act (MMPA), the U.S. Fish and Wildlife Service will tomorrow issue a final rule authorizing the incidental, nonlethal ?take? of polar bears and Pacific walruses, subject to conditions and monitoring, during oil and gas exploration in the Chukchi Sea and adjacent western coast of Alaska. The anticipated incidental take primarily involves unintentional, passive and short-term disturbance of these marine mammals that does not result in direct injury to any animal or a negative effect on their populations. This rule is independent of the polar bear listing under the Endangered Species Act.
The final rule will be effective immediately upon publication, and will remain in effect over a 5-year period. Similar authorizations were available to industry in the Chukchi Sea during the period 1991-1996 and have been continuously in place for the Beaufort Sea since 1993. Although infrequent, unavoidable or accidental encounters between humans and marine mammals have occurred as a result of oil and gas activity, no lethal take of polar bear or walrus has been reported while these regulations have been in effect. Through an analysis required by the MMPA, the Service has determined that total expected takings of Pacific walruses and polar bears during these activities in the Chukchi Sea will have a negligible impact on the populations of these species. The rule requires mitigating measures to be implemented by oil and gas operators that will minimize any potential incidental take. The monitoring requirements associated with these regulations will provide information about the movements and activities of walruses and polar bears that would not otherwise be available to biologists.
?These regulations build on the experience and knowledge gained during more than 15 years of successfully managed coexistence between marine mammals and the oil and gas industry in Alaska. They require effective monitoring, reporting and mitigation of anticipated impacts and allow exploration operations to proceed in an environmentally sensitive manner,? said U.S. Fish and Wildlife Service Alaska Regional Director Tom Melius.
In Alaska, the Fish and Wildlife Service is responsible for the management of polar bears, walruses, and sea otters. Marine mammals are protected under the MMPA and no "takes" ? including disturbances that are unintentional and do not result in harm to the animal ? are allowed unless specific exemptions or regulations apply. A special provision of the MMPA allows the oil and gas industry to apply voluntarily for marine mammal Incidental Take Regulations (ITRs). Industry is required by the regulations to develop a bear/human interaction plan and a plan to monitor the effects of industrial activities on polar bears, to work with affected communities to limit impact on subsistence uses and, if necessary, to develop a plan of cooperation to meet community concerns; and to develop employee/polar bear educational materials.
Experience in the Beaufort and Chukchi Seas has shown that ITRs can provide considerable conservation and management benefits to potentially impacted marine mammals. Activities authorized under ITRs must incorporate measures to minimize any adverse impacts to marine mammals, their habitat, and their availability for Alaska Native subsistence use. ITRs also specify monitoring and reporting requirements which provide a basis for evaluating potential impacts of current and future activities on marine mammals.
The regulations announced today do not authorize, or ?permit,? any actual activities associated with oil and gas exploration in the Chukchi Sea. Rather, they authorize the nonlethal, incidental ?take? (which in most instances will be in the form of some level of disturbance) of small numbers of walruses and polar bears in the course of such activities. The Minerals Management Service, the U.S. Army Corps of Engineers, and the Bureau of Land Management are responsible for the permitting of activities associated with oil and gas exploration and development in Federal waters or on Federal lands. The State of Alaska is responsible for such permits relative to state lands and waters. The regulations do not authorize take that may be associated with future development and production of oil and gas in this area. Any future requests for incidental take associated with proposed development and production will be subject to additional review and authorization
Polar bears and Pacific walruses
Polar bears are found throughout the Arctic. In Alaska they have been observed as far south as St. Matthew Island and the Pribilof Islands, but they are most commonly found close to the Alaskan coast of the Chukchi and Beaufort Seas, from the Bering Strait to the Canadian border. Approximately 2,000 polar bears inhabit the Chukchi Sea and adjacent land areas. They use this habitat for feeding, migration, and denning. Nearshore marine habitats with active ice are used extensively. For these reasons, any habitat alteration and mortality are areas of concern.
The Pacific walrus population occurs primarily in the Bering and Chukchi seas. Occasionally, walrus may move into the Beaufort Sea during the summer open water season. Walruses use the Chukchi Sea for feeding, migration, and resting areas (haul-outs). Last summer?s record ice retreat, and the large numbers of walruses using land haul-outs as a result, may signal a need for increased attention in the future.
A copy of the final regulations can be found at: http://federalregister.gov/OFRUpload/OFRData/2008-12918_PI.pdf
The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals and commitment to public service. For more information on our work and the people who make it happen, visit www.fws.gov.
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