Je veux savoir à propos de…

Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS2

walruses are extralimital in the Beaufort Sea and SBS polar bears are widely distributed throughout their expansive range, which encompasses areas beyond the Beaufort Sea ITR region.
Negligible Impacts Determination and Finding Based on the best scientific information available, the results of Industry monitoring data from the previous ITRs, the review of the information generated by the listing of the polar bear as a threatened species and the designation of polar bear critical habitat, the results of our modeling assessments, and the status of the stocks, we find that any incidental take reasonably likely to result from the effects of Industry activities during the period of the proposed ITRs, in the specified geographic region will have no more than a negligible impact on walruses and polar bears. We do not expect that the total of these disturbances will affect rates of recruitment or survival for walruses or polar bears. Factors considered in our negligible impacts determination include:
1. The behavior and distribution of walruses and polar bears in areas that overlap with Industry activities are expected to limit interactions of walruses and polar bears with those activities.
The distribution and habitat use patterns of walruses and polar bears indicate that relatively few animals will occur in the proposed areas of Industry activity at any particular time, and therefore, few animals are likely to be affected. As discussed previously, only small numbers of walruses are likely to be found in the Beaufort Sea where and when offshore Industry activities are proposed. Likewise, SBS polar bears are widely distributed across a range that much greater than the geographic scope of the proposed ITRs, are most often closely associated with pack ice, and are unlikely to interact with the open water industrial activities specified in AOGAs Request, much less the majority of activities that would occur onshore.
2. The predicted effects of Industry activities on walruses and polar bears will be incidental nonlethal, temporary takes of animals.
The documented impacts of previous Industry activities on walruses and polar bears, taking into consideration cumulative effects, suggests that the types of activities analyzed for this proposed ITR will have minimal effects and will be short-term, temporary behavioral changes. The vast majority of reported polar bear observations have been of polar bears moving through the
VerDate Sep<11>2014

19:20 May 28, 2021

Jkt 253001

Beaufort Sea ITR region, undisturbed by the Industry activity.
3. The footprint of the proposed Industry activities is expected to be small relative to the range of the walrus and polar bear stocks.
The relatively small area of Industry activity compared to the ranges of walruses and polar bears will reduce the potential of their exposure to and disturbance from Industry activities.
4. The type of harassment that is estimated is not expected to have effects on annual rates of recruitment of survival.
The Service does not anticipate any lethal or injurious take that would remove individual polar bears or Pacific walruses from the population or prevent their successful reproduction.
Harassment events are anticipated to be limited to human interactions that lead to short-term behavioral disturbances.
These disturbances would not affect the rates of recruitment or survival for the walrus and polar bear stocks. These proposed regulations do not authorize lethal take, and we do not anticipate any lethal take will occur.
4. Mitigation measures will limit potential effects of Industry activities.
If these regulations are finalized, holders of an LOA will be required to adopt monitoring requirements and mitigation measures designed to reduce the potential impacts of their operations on walruses and polar bears. Seasonal restrictions, early detection monitoring programs, den detection surveys for polar bears, and adaptive mitigation and management responses based on realtime monitoring information described in these regulations will be used to avoid or minimize interactions with walruses and polar bears and, therefore, limit potential Industry disturbance of these animals.
In making this finding, we considered the following: The distribution of the species; the biological characteristics of the species; the nature of Industry activities; the potential effects of Industry activities and potential oil spills on the species; the probability of oil spills occurring; the documented impacts of Industry activities on the species, taking into consideration cumulative effects; the potential impacts of climate change, where both walruses and polar bears can potentially be displaced from preferred habitat;
mitigation measures designed to minimize Industry impacts through adaptive management; and other data provided by Industry monitoring programs in the Beaufort and Chukchi Seas.
We also considered the specific Congressional direction in balancing the
PO 00000

Frm 00059

Fmt 4701

Sfmt 4702

29421

potential for a significant impact with the likelihood of that event occurring.
The specific Congressional direction that justifies balancing probabilities with impacts follows:
If potential effects of a specified activity are conjectural or speculative, a finding of negligible impact may be appropriate. A
finding of negligible impact may also be appropriate if the probability of occurrence is low but the potential effects may be significant. In this case, the probability of occurrence of impacts must be balanced with the potential severity of harm to the species or stock when determining negligible impact.
In applying this balancing test, the Service will thoroughly evaluate the risks involved and the potential impacts on marine mammal populations. Such determination will be made based on the best available scientific information 53 FR 8474, March 15, 1988;
132 Cong. Rec. S 16305 October. 15, 1986.

We reviewed the effects of the oil and gas Industry activities on walruses and polar bears, including impacts from surface interactions, aircraft overflights, maritime activities, and oil spills. Based on our review of these potential impacts, past LOA monitoring reports, and the biology and natural history of walrus and polar bear, we conclude that any incidental take reasonably likely to occur as a result of projected activities will be limited to short term behavioral disturbances that would not affect the rates of recruitment or survival for the walrus and polar bear stocks. These proposed regulations do not authorize lethal take, and we do not anticipate any lethal take will occur.
The probability of an oil spill that will cause significant impacts to walruses and polar bears appears extremely low.
We have included information from both offshore and onshore projects in our oil spill analysis. We have analyzed the likelihood of a marine oil spill of the magnitude necessary to lethally take a 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
E:FRFM01JNP2.SGM

01JNP2