Feds Propose Oil Firms Can Accidentally Bug Polar Bears in Alaska
Published Date: 3/9/2026
Proposed Rule
Summary
The U.S. Fish and Wildlife Service is proposing new rules to allow the Alaska oil and gas industry to accidentally disturb small numbers of polar bears and Pacific walruses during their work in the Beaufort Sea and northern Alaska for the next five years. This plan continues similar protections from the past five years while balancing wildlife safety with energy development. Public comments are open until April 8, 2026, so everyone can share their thoughts before the rules are finalized.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
5-year OK to Incidentally Take Marine Mammals
The Fish and Wildlife Service proposes rules that would allow Alaska oil and gas activities to incidentally take small numbers of polar bears and Pacific walruses in the Beaufort Sea and adjacent North Slope for a 5-year period (2026–2031). The geographic area would include Beaufort Sea waters up to 80.5 km (50 mi) offshore and onshore lands up to 40 km (25 mi) inland, excluding the Arctic National Wildlife Refuge.
Who Can Get Authorization (LOA) and Requirements
To lawfully rely on the ITRs, eligible companies (AOGA members and specified non-members and their affiliates/contractors) must request a Letter of Authorization (LOA). LOA requests must be received in writing at least 90 days before activities begin and include an operational plan, an interaction plan for polar bears and walruses, a site-specific monitoring and mitigation plan (including AIR survey timing if required), and plans of cooperation if needed.
Operational Mitigation Rules and Distances
The proposed rule includes specific mitigation requirements: aircraft should not fly below 457 m (1,500 ft) or within 805 m (0.5 mi) of observed polar bears or walruses (except emergencies); vessels must maintain an 805 m (0.5 mi) distance from animals and avoid separating walrus groups or approaching haulouts (vessels over 15 m must stay 805 m from haulouts). LOA holders must conduct maternal polar bear den infrared (AIR) surveys within 1.6 km (1 mi) of winter activity in November–December and again in December–January, and treat suspected dens within 1.6 km as active and create exclusion buffers for the denning season (November–April).
Subsistence Coordination and Plans of Cooperation
LOA applicants must document communication and coordination with Alaska Native communities and representative subsistence hunting organizations. If concerns about impacts on subsistence use are not resolved, the applicant must develop and submit a plan of cooperation to ensure activities will not have an unmitigable adverse impact on availability of polar bears or walruses for subsistence, and applicants must avoid timing and locations important to subsistence harvests.
Public Comment Window Closes April 8, 2026
The Service is accepting public comments on the proposed rule and draft environmental assessment through April 8, 2026; electronically submitted comments must be received by 11:59 p.m. Eastern time on that date. The docket number for submissions is FWS-R7-ES-2026-0694 and materials are available at https://www.regulations.gov.
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Key Dates
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