What are Incidental Take Regulations?
The Marine Mammal Protection Act of 1972 (MMPA), as amended, prohibits, with certain exceptions, the take of marine mammals in U.S. waters. Section 101(a)(5)(A) of the MMPA authorizes the Secretary of the Interior, through the U.S. Fish and Wildlife Service (Service), to authorize the incidental, but not intentional taking of small numbers of certain marine mammals species (including polar bears, walruses, and sea otters) associated with specified activities, provided that, the total of such taking will have no more than a negligible impact on these marine mammal species and does not have an unmitigable adverse impact on the availability of these species for subsistence uses. The Service may issue ITRs for a period of up to five years.
What are Letters of Authorization?
If ITRs are promulgated for a specified activity in a specified geographical region U.S. citizens can request a Letter of Authorization (LOA) from the Service to carry out these activities under an exemption of the MMPA. LOAs are issued on a project specific basis and include operating restrictions and other mitigation measures designed to minimize interactions with, and impacts to marine mammals. LOAs also specify monitoring and reporting requirements to evaluate the level and impact of any resulting takes. Depending upon the nature, location and timing of the proposed activity, applicants may be required to consult with potentially effected subsistence communities, and develop additional mitigation measures to address potential impacts to subsistence users. More information on applying for and receiving an LOA can be found at 50 CFR 18.27(f).
Incidental Take Regulations and Letters of Authorization available for Public Review
Oil and Gas Exploration in the Chukchi Sea
The Service has been petitioned to develop Incidental Take Regulations (ITRs) for the non-lethal, incidental take of small numbers of Pacific walruses and polar bears associated with oil and gas exploration activities in the Chukchi Sea and adjacent coast of Alaska projected out to 2012. Petitions for ITR are listed below.
On June 11, 2008, the Service published in the Federal Register 73 FR 33212 (pdf) regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses and polar bears during oil and gas exploration activities in the Chukchi Sea and adjacent western coast of Alaska. This rule will be in effect through June 11, 2013. An Environmental Assessment associated with this Federal action is available here Chukchi Sea ITR EA (pdf). A Programmatic Biological Opinion For Polar Bears regarding Chukchi Sea Incidental Take Regulations is available here Chukchi Sea ITR BO for Polar Bear (pdf).
Chukchi Sea Letters of Authorization
2008
Applicant |
Documents |
ASRC Energy Services |
08-01-CS (pdf) |
ConocoPhillips |
08-02-CS (pdf) |
Shell Offshore, Inc |
08-03-CS (pdf) |
2009
Applicant |
Documents |
Shell Gulf of Mexico, Inc |
09-01-CS (pdf) |
Oil and Gas Operations in the Beaufort Sea
On August 2, 2006, the Service published in the Federal Register 71 FR 43925 regulations authorizing the non-lethal, incidental take of small numbers of polar bears and Pacific walruses during year-round oil and gas operations in the Beaufort Sea and adjacent northern coast of Alaska. This rule will be in effect through August 2, 2011. An Environmental Assessment associated with this Federal action is available here Beaufort Sea ITR EA. Letters of Authorization issued under these regulations are listed below.A Programmatic Biological Opinion For Polar Bears regarding Beaufort Sea Incidental Take Regulations is available here Beaufort Sea ITR BO for Polar Bear (pdf).
Beaufort Sea Letters of Authorization
2006 - 2007
2008 Beaufort Sea
Veritas DGC Land |
08-01 08-02 (pdf) |
Eni US Operating Co. Inc. |
08-03 (pdf) |
ConocoPhillips Alaska |
08-04 08-05 (pdf) |
Shell Exploration & Production Co. |
08-08 (pdf) |
BP Exploration (Alaska) Inc. |
08-10 (pdf) |
BP Exploration (Alaska) Inc. |
08-11 (pdf) |
PGS Onshore Inc. |
08-12 (pdf) |
Shell Exploration & Production Co. |
08-13 (pdf) |
Exxon Production Company |
08-14 (pdf) |
Denali the Alaska Gas Pipeline |
08-15 (pdf) |
Brooks Range Petroleum Corporation |
08-16 (pdf) |
Pioneer Natural Resources Alaska, Inc. |
08-17 (pdf) |
2009 Beaufort Sea
Administrative Record Index: Chukchi Sea Incidental Take Regulations regarding Polar Bears and Pacific Walrus
The Center for Biological Diversity and Pacific Environment are challenging the final rule promulgated by the Secretary of Interior on June 11, 2008 pursuant to the MMPA that authorizes the incidental take of polar bears and Pacific walrus resulting from any oil and gas industry pre-leasing, leasing and exploration activities in the Chukchi Sea and adjacent coastal areas of Alaska for five years.
The Department of Interior Administrative Record may also be viewed at:
Bureau of Land Management Public Information Center
Room 148
222 West 7th Ave.
Anchorage, Alaska 99513
271-5973
To access the Administrative Record and Supplemental Record (pdf) including the Privileged Log (pdf: 1) Review the Record index; 2) Select the beginning document number of the selected file. Please note that these are pdf documents and they can range from 9kb to 74mb in size and may require time for downloading.
Example: To view document AR000159 you would go to http://alaska.fws.gov/fisheries/mmm/pdf/regulations/fws_ar000159.pdf
To view document AR009265 you would change the ending number in the url (see below) http://alaska.fws.gov/fisheries/mmm/pdf/regulations/fws_ar009265.pdf
