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FWS issues new Chukchi wildlife rule New federal regulations regarding disturbance of walrus, polar bears for oil and gas explorers in Chukchi Sea go into effect Alan Bailey Petroleum News
On June 11 the U.S. Fish and Wildlife Service issued a final rule authorizing unintentional, passive and short-term disturbance of polar bears and Pacific walrus in the Chukchi Sea and the adjacent coastline during oil and gas exploration. The rule specifies mitigation measures that operators need to take during various types of exploration activity, to ensure that disturbance to the animals remains below acceptable levels. Disturbance levels would not result in direct injury to an animal or have a negative effect on animal population, the Fish and Wildlife Service said.
Monitoring requirements associated with the regulations will provide information about the movements and activities of the animals, the service said.
Incidental take In Alaska, the U.S. Fish and Wildlife Service manages the protection of polar bears, walruses and sea otters under the terms of the Marine Mammals Protection Act. Operators can avoid contravening the terms of the Marine Mammal Protection Act by applying for an authorization under the incidental take regulations. An authorization would include stipulations for mitigation measures that are spelled out in the regulations.
The regulations also require operators to develop a plan for interaction with polar bears and, if necessary, to develop employee educational materials about polar bears. Operators must also work with affected communities to limit any impacts on subsistence hunting and may have to develop a plan of cooperation to meet community concerns.
But the new rule is independent of the polar bear listing under the Endangered Species Act, the Fish and Wildlife Service said.
The regulations in the new rule “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,” said Tom Melius, U.S. Fish and Wildlife Service Alaska regional director. “They require effective monitoring, reporting and mitigation of anticipated impacts and allow exploration operations to proceed in an environmentally sensitive manner.”
The new final rule will remain in effect for five years and replaces previous authorizations. No lethal take of polar bear or walrus as a result of oil and gas activity has been reported while incidental take regulations have been in place in the Chukchi and Beaufort seas, the Fish and Wildlife Service said.
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