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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
the impact area for visual disturbance that is already included in the analysis.
Therefore, there is no additional mitigative benefit to requiring this measure.
Prohibition of driving over high relief areas, embankments, or stream and river crossingsWhile the denning habitat must be considered in tundra travel activities, complete prohibition of travel across such areas is not practicable because it would preclude necessary access to various operational areas and pose potential safety concerns. Moreover, not all high relief areas, embankments, and stream and river crossing constitute suitable polar bear denning habitat.
Use of a broader definition of denning habitat for operational offsetsThere is no available data to support broadening the defining features of denning habitat beyond that established by USGS. Such a redefinition would cause an increase in the area surveyed for maternal dens and increase potential harassment of bears on the surface.
Establishment of corridors for sow and cub transit to the sea iceAs there is no data to support the existence of natural transit corridors to the sea ice, establishment of corridors in the ITR
area would be highly speculative.
Therefore, there would be no mitigative benefit realized by their establishment.
Requirement of third-party neutral marine mammal observersIt is often not practicable to hire third-party marine mammal observers due to operational constraints. Additional crew may require additional transit vehicles, which could increase disturbance.
Require all activities to cease if a polar bear or walrus is injured or killed until an investigation is completed The Service has incorporated into this rule reporting requirements for all polar bear and Pacific walrus interactions.
While it may aid in any subsequent investigation, ceasing activities in an active oil field may not be practicable or safe in certain circumstances, and thus will not be mandated.
Require use of den detection dogs It is not practicable to require scent trained dogs to detect dens due to the large spatial extent that would need to be surveyed each year.
Require the use of handheld or vehicle-mounted FLIRThe efficacy rates for AIR has been found to be four times more likely to detect dens versus ground-based FLIR handheld or vehicle-mounted FLIR due to impacts of blowing snow on detection. While use of handheld or vehicle-mounted FLIR could increase the potential of detecting active dens in some
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circumstances, in other circumstances these potential benefits could be outweighed by the additional disturbances created by increasing vehicle use or human presence in the vicinity of dens. The safety of personnel tasked to prolong their presence in such areas is also an important consideration.
The Service therefore finds that use of such techniques should remain at the discretion of operators on a case-by-case basis.
Impacts on Subsistence Uses We based our findings on past experience, requirements concerning community consultations through the Plan of Cooperation POC process, the limited anticipated overlap of hunting areas and Industry projects, the best scientific information available, anticipated 5-year effects of Industry activities on subsistence hunting, and the results of monitoring data and the Services Marking, Tagging, and Reporting Program. Through these data, we find that any incidental harassment that may result from oil and gas exploration, development, and production activities in the specified geographic region will not have an unmitigable adverse impact on the availability of walruses and polar bears for taking for subsistence uses during the regulatory timeframe.
While walruses and polar bears represent a small portion, in terms of the number of animals, of the total subsistence harvest for the communities of Utqiagvik, Nuiqsut, and Kaktovik, the harvest of these species is important to Alaska Natives. Prior to receipt of an LOA, Industry must provide evidence to us that community consultations have occurred or that an adequate POC has been presented to the subsistence communities. Industry will be required to contact subsistence communities that may be affected by its activities to discuss potential conflicts caused by location, timing, and methods of proposed operations. Industry must make reasonable efforts to ensure that activities do not interfere with subsistence hunting and that adverse effects on the availability of walruses and polar bear are minimized. Although multiple meetings for multiple projects from numerous operators have already taken place, no official concerns have been voiced by the Alaska Native communities regarding Industry activities limiting availability of walruses or polar bears for subsistence uses. However, should such a concern be voiced as Industry continues to reach out to the Alaska Native communities, development of POCs, which must identify measures to minimize any
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adverse effects, will be required. The POC will ensure that oil and gas activities will not have an unmitigable adverse impact on the availability of the species or stock for subsistence uses.
This POC must provide the procedures addressing how Industry will work with the affected Alaska Native communities and what actions will be taken to avoid interference with subsistence hunting of walruses and polar bears, as warranted.
The Service has not received any reports and is aware of no information that indicates that walruses or polar bears are being or will be deflected from hunting areas or impacted in any way that diminishes their availability for subsistence use by the expected level of oil and gas activity. If there is evidence during the 5-year period of the regulations that oil and gas activities are affecting the availability of walruses or polar bears for take for subsistence uses, we will reevaluate our findings regarding permissible limits of take and the measures required to ensure continued subsistence hunting opportunities.
Monitoring and Reporting The purpose of monitoring requirements is to assess the effects of industrial activities on walruses and polar bears, ensure that the number of takes and the effects of taking are consistent with that anticipated in the ITR, and detect any unanticipated effects on the species or stocks.
Monitoring plans document when and how bears and walruses are encountered, the number of bears and walruses, and their behavior during the encounter. This information allows the Service to measure encounter rates and trends of walrus and polar bear activity in the industrial areas such as numbers and gender, activity, seasonal use and to estimate numbers of animals potentially affected by Industry.
Monitoring plans are site-specific, dependent on the proximity of the activity to important habitat areas, such as den sites, travel corridors, and food sources; however, Industry is required to report all sightings of walruses and polar bears. To the extent possible, monitors will record group size, age, sex, reaction, duration of interaction, and closest approach to Industry onshore. Activities within the specified geographic region may incorporate daily watch logs as well, which record 24hour animal observations throughout the duration of the project. Polar bear monitors will be incorporated into the monitoring plan if bears are known to frequent the area or known polar bear dens are present in the area. At offshore Industry sites, systematic monitoring
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