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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations significant number of polar bears for offshore projects and, through a risk assessment analysis, found that it is unlikely that there will be any lethal take associated with a release of oil. In the unlikely event of a catastrophic spill, we will take immediate action to minimize the impacts to these species and reconsider the appropriateness of authorizations for incidental taking through section 101a5A of the MMPA.
We have evaluated climate change regarding walruses and polar bears.
Climate change is a global phenomenon and was considered as the overall driver of effects that could alter walrus and polar bear habitat and behavior.
Although climate change is a pressing conservation issue for walruses and polar bears, we have concluded that the authorized taking of walruses and polar bears during the activities proposed by Industry during this 5-year rule will not adversely impact the survival of these species and will have no more than negligible effects.

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Conclusion We find that the impacts of these specified activities cannot be reasonably expected to, and are not reasonably likely to, adversely affect Pacific walrus or SBS polar bears through effects on annual rates of recruitment or survival.
We therefore find that the total of the taking estimated above and authorized by this ITR will have a negligible impact on Pacific walrus and SBS polar bears.
These regulations do not authorize lethal take, and we do not anticipate that any lethal take will occur.
Least Practicable Adverse Impacts We evaluated the practicability and effectiveness of mitigation measures based on the nature, scope, and timing of Industry activities; the best available scientific information; and monitoring data during Industry activities in the specified geographic region. We have determined that the mitigation measures included within AOGAs Requestplus one additional mitigation measure noted belowwill ensure the least practicable adverse impacts on polar bears and Pacific walruses AOGA 2021.
AOGAs initial request reflected the mitigation measures identified in prior Beaufort Sea ITRs as necessary to effect the least practicable adverse impact on Pacific walrus and SBS polar bears. The Service also collaborated extensively with AOGA concerning prior iterations of its Request in order to identify additional effective and practicable mitigation measures, which AOGA then incorporated into its final Request. Polar bear den surveys before activities begin
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during the denning season, and the resulting 1.6-km 1-mi operational exclusion zone around all known polar bear dens and restrictions on the timing and types of activities in the vicinity of dens will ensure that impacts to denning female polar bears and their cubs are minimized during this critical time. In addition to conducting den detection surveys, during seismic operations, AOGA will use advance crews that use denning habitat maps and trained observers to scout for potential denning habitat including deep snow and steep bluffs in order to increase avoidance of these areas.
Minimum flight elevations over polar bear areas and flight restrictions around known polar bear dens would reduce the potential for bears to be disturbed by aircraft. Additionally, during certain vessel based operations, or while conducting significant activities along to the coast that could introduce sound into the marine environment, AOGA
will use trained protected species observers to alert crews when Pacific walruses or polar bears are in the vicinity. If they observe Pacific walruses or polar bears, they will shut down, reduce, or modify activities as needed to mitigate potential impacts. Protected species observers may also be required by the Service for use during other activities including aircraft operations or surface operations to also reduce potential impacts. Finally, AOGA will implement mitigation measures to prevent the presence and impact of attractants such as the use of wildliferesistant waste receptacles and enclosing access doors and stairs. These measures will be outlined in polar bear and walrus interaction plans that are developed in coordination with the Service prior to starting activities. Based on the information we currently have regarding den and aircraft disturbance and polar bear attractants, we concluded that the mitigation measures outlined in AOGAs Request AOGA 2021 and incorporated into this final rule will practically and effectively minimize disturbance from the specified oil and gas activities.
The only additional mitigation measure not already included in AOGAs request but warranted to effect the least practicable adverse impact on polar bears and walruses is the requirement that aircraft operations within the ITR area will maintain an altitude of 1,500 ft above ground level when safe and operationally possible.
Whereas AOGAs request committed to fly at such levels under ideal conditions, and the Proposed ITR stated that aircraft should fly at such levels
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when safe and operationally possible, this Final Rule replaces the Proposed Rules use of should with will. The Service determined that this revision could further reduce the extent to which aircraft are permitted to fly below 1,500
ft above ground level and thus further minimizes potential disturbances to polar bears and walruses while preserving safety and continuity of operations at minimal to no extra cost.
A number of additional mitigation measures were considered but determined not to be practicable means of reducing impacts. These measures are listed below:
Required use of helicopters for AIR
surveysUse of helicopters to survey active dens might actually lead to greater levels of disturbance and take compared to fixed-wing aircraft.
Additionally, there have been no published data to indicate increased den detection efficacy of helicopter AIR.
Grounding all flights if they must fly below 1,500 feetRequiring all aircraft to maintain an altitude of 1,500 ft is not practicable as some necessary operations may require flying below 1,500 ft in order to perform inspections or maintain safety of flight crew.
Spatial and temporal restrictions on surface activitySome spatial and temporal restrictions of operations were included in the ITR as a result of the Services collaboration with the applicant, but it was made clear during that process additional restrictions would not be practicable for oil and gas operations based on other regulatory and safety requirements.
One mile buffer around all known polar bear denning habitatOne mile buffer around all known polar bear denning habitat is not practicable as many existing operations occur within denning habitat and it would not be able to shut down all operations based on other regulatory and safety requirements.
Restriction of vessel speed to 10
knots or lessRestricting the speed of all industry vessels to 10 knots or less is not practicable for safe and efficient operations. The Service analyzed take of walruses and polar bears for in-water activities within a 1-mile radius around a vessel at operational vessel speeds.
Restricting vessel speeds unnecessarily will result in vessels spending more time in the water and it will increase the likelihood that marine mammals will be exposed to vessel disturbance for a longer period of time.
Requirements for pile driving sound mitigationAdditional mitigation measures to reduce in-water sound were not required as the area of sound propagation would not extend beyond
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