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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules
bears during the activities proposed by Industry during this proposed 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 conclude that any incidental take reasonably likely to occur in association with the proposed Industry activities addressed under these proposed regulations will have no more than a negligible impact on the Pacific walrus population and the SBS stock of polar bears. We do not expect any resulting disturbance to negatively impact 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 that any lethal take will occur.
Least Practicable Adverse Impacts We evaluated the practicality 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 request will ensure least practicable adverse impacts on polar bears and Pacific walruses AOGA 2021.
The Service collaborated extensively with AOGA prior to the submission of their final Request to identify effective and practicable mitigation measures for the proposed activities. Polar bear den surveys before activities begin 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.
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, 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 will practically and effectively minimize
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disturbance from the specified oil and gas activities.
Impacts on Subsistence Uses Based on community consultations, locations of hunting areas, the potential overlap of hunting areas and Industry projects, the best scientific information available, and the results of monitoring data, we proposed a finding that take caused by 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 proposed timeframe. In making this proposed finding, we considered the following: Records on subsistence harvest from the Services Marking, Tagging, and Reporting Program; community consultations;
effectiveness of the Plan of Cooperation POC process between Industry and affected Native communities; and anticipated 5-year effects of Industry activities on subsistence hunting.
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 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
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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 proposed 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 take is consistent with that anticipated in the negligible impact and subsistence use analyses, 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 protocols will be implemented to statistically monitor observation trends of walruses or polar bears in the nearshore areas where they usually occur.
Monitoring activities will be summarized and reported in a formal report each year. The applicant must
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