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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations project descriptions from the applicant and quantitative estimates of take developed using the best available science. As is explained in the proposed rule, due to the low <0.29 for nonserious Level A and 0.462 for serious take by Level A harassment/lethal takes probability of greater than or equal to 1
non-serious or serious injury Level A
harassment/lethal take each year of the proposed ITR period, combined with the median of 0.0 for each, we do not estimate the proposed activities will result in non-serious or serious injury Level A harassment or lethal take of polar bears.
The Service is not authorizing any lethal take or any forms of take other than by Level B harassment. The Service fully considers the probability that the authorized take will adversely affect the species or stock through effects on annual rates of recruitment or survival. 50 CFR 18.27c.
Comment 9: One commenter suggested that the Service used outdated polar bear survey data for the Services small number and negligible impact determinations and the Service should use more recent data on the SBS polar bear stock in order to make the small numbers and negligible impact determinations.
Response: The Service is obligated to render its MMPA determinations based on the best available scientific evidence.
The most recent population estimate available for the SBS stock of polar bears is contained within a 2020 report from USGS, and this estimate was utilized in the Services analysis.
Comment 10: One commenter suggested that the Service should conduct further research on the availability of polar bears for subsistence uses.
Response: The Service acknowledges that more studies on the current availability of polar bears for subsistence hunting on the Coastal Plain of Alaska could improve our analysis.
However, as discussed in the proposed rule, and reaffirmed in this final rule, the Service has based our determinations on the best information currently available.
Comment 11: One commenter suggested the Service should conduct further research on human-polar bear interactions during oil and gas activities in order to reduce polar bear take during these interactions and to better inform the Services small numbers and negligible impact determinations.
Response: The Service acknowledges that additional information to better understand human-polar bear interactions and how to avoid, reduce, and mitigate the number of bears taken
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as a result of conflicts with oil and gas activities would be beneficial. However, as discussed in the proposed rule, and reaffirmed in this final rule, the Service has based our determinations on the best information currently available.
Comment 12: One commenter suggested that the Service should analyze the impacts of incidental takes during previous regulation periods in order to assess cumulative impacts of those previous takes on the SBS polar bear stock and the Service should use this information to inform the Services small numbers and negligible impact determinations for the current regulation period.
Response: The Service appreciates the concerns raised in this comment. As discussed in the proposed rule, and affirmed in this final rule, the Service requires holders of an LOA to report, as soon as possible, but within 48 hours, all LOA incidents during any Industry activity. The Service, in turn, monitors these reports to ensure the type of take, if any, are consistent with the terms of the LOA. The Service also monitors the cumulative takes reported by all LOA
holders to ensure the total number of takes, authorized under an ITR, do not exceed those authorized/estimated. The Service used this information when it considered the environmental baseline and status of the species and when it evaluated the impacts of AOGAs specified activities.
Comment 13: One commenter suggested that the Service should consider including take from other sources not related to oil and gas activities, such as subsistence take and unknown mortality events, as part of the Services environmental baseline, which is used to estimate take and determine negligible impact.
Response: The Service adequately considered the potential for all forms of takeincluding take for subsistence usesas well as natural mortality when conducting its analysis and making its negligible impact finding.
Comment 14: One commenter suggested that the Service should include climate change impacts as part of the Services analysis to estimate take for the regulation period.
Response: The Service presented a thorough discussion on the baseline conditions for the population, including the potential effects of climate change on polar bears, Pacific walruses, and prey species. The ITR authorizes only Level B harassment of small numbers of the population. Such take would result in only temporary behavioral changes even considering the current baseline stressors experienced by the population due to climate change. No Level A

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harassment or lethal take is estimated as a result of the proposed activities, and none is authorized by this ITR.
Comment 15: Commenters suggested that the Service should base the Services small numbers determination on the total estimated take number for the 5-year regulation period instead of the annual take estimates across the 5year regulation period.
Response: The SBS population estimate, calculated by USGS in 2020, is calculated using a number of annual metrics, including annual survival probabilities, annual number of dens, and annual denning success. The resulting value is an estimate of the number of individuals in the population in any given contemporary year.
Appropriately, the Service has divided annual take estimates by the annual population estimate, to calculate a percentage of the population potentially taken for its small numbers determination. This approach best enables the Service to assess whether the number of animals taken is small relative to the species or stock.
Consideration of annual estimates tracks with the use of each in 16 U.S.C.
1371a5Ai and the use of annual LOAs to authorize the incidental take.
Comparing the aggregate number of takes over 5 years with a population estimate specific to 1 year, as commenter suggest doing, is a less suitable comparison. In previous Beaufort Sea ITRs, the Service has always relied on annual estimates based on encounters during previous years and the proportion of those individuals that experienced take by Level B
harassment. This ITR differs in that it uses the best available science and additional details associated with each project to more accurately estimate encounters and takes anticipated by the specified activities. The Services small numbers determination here is consistent with applicable law, policy, and longstanding practice.
Comment 16: One commenter suggested that the Service should clarify that the scope of the proposed rule is the issuance of the proposed ITR and that the proposed ITR does not authorize proposed activities.
Response: The Service agrees that the proposed action analyzed in the EA is the issuance of an ITR and authorization of incidental take associated with AOGAs specified activities, and not approval of the oil and gas activities themselves. The Service also agrees that the ITR does not authorize intentional take and agrees that oil spills are not a consequence of ITR or the Proposed Action analyzed in the Services EA.

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