U.S. finalizes 5-year rule on polar bear, walrus take by Alaska oil industry
- Rule covers Beaufort Sea and North Slope through Oct. 19, 2031
- Agency drops proposed third aerial den survey requirement
- FWS says it does not anticipate any lethal take
Photo: WordPress Photo Directory - Nithin SreeRajWhat changed The final rule changes the vessel requirement from the proposed "maximum distance possible" from polar bears and walruses to "maximum distance practicable (805 m (0.5 mi) or greater)."
The U.S. Fish and Wildlife Service (FWS) has finalized regulations covering the incidental, unintentional take of small numbers of polar bears and Pacific walruses during oil and gas activities in Alaska's Beaufort Sea and North Slope. The regulations take effect on publication and run through Oct. 19, 2031.
The Alaska Oil and Gas Association (AOGA) requested the regulations on Sept. 30, 2025, on behalf of its members and 8 Star Alaska, LLC. The rule covers year-round exploration, development, production and transportation, and does not include lands or waters within the Arctic National Wildlife Refuge, according to the rule.
According to the rule, the regulations do not authorize or permit the specified activities themselves. Companies must obtain letters of authorization to be covered, and FWS said it may approve them for periods of up to five years.
In the rule, FWS said the best reading of the Marine Mammal Protection Act requires it to allow "all types of incidental take that result from the specified activities" when the activities comply with the rule's requirements.
AOGA estimated Level B harassment of 123 polar bears over the 5 years. The FWS predictive model estimated 432 takes by Level B harassment of 209 polar bears, plus 13 takes by Level A harassment of denning cubs. FWS put the probability of one or more lethal takes at 0.12 a year and 0.43 over five years, and said it does not anticipate lethal take.
In its request, AOGA said it developed its own method "because the Service's approach—based solely on numerical modeling—has proven to be flawed and legally insufficient in multiple ways."
FWS estimated that no more than 20 walruses a year would be taken by Level B harassment.
The final rule drops a proposed requirement for a third aerial infrared survey for dens, which FWS concluded is not practicable. It keeps a 1.6 km (1 mile) mitigation zone around dens, wider than the 805 m buffer AOGA requested.
FWS proposed the rule on March 9, 2026, and the comment period closed on April 8, 2026. The agency said it received 85,589 comments, and that nearly all individually submitted comments opposed the regulations.