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.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-14633, Endangered and Threatened Wildlife and Plants; Regulations Pertaining to Endangered and Threatened Wildlife and Plants
The U.S. Fish and Wildlife Service is updating how it protects threatened plants and animals. Starting August 20, 2026, they’re ending the automatic 'blanket rule' that used to apply to all newly listed threatened species, meaning protections will be more tailored. This change affects landowners, businesses, and conservation groups, aiming for smarter, clearer rules without extra costs or delays.
2026-14629, Endangered and Threatened Wildlife and Plants; Regulations for Designating Critical Habitat
The U.S. Fish and Wildlife Service updated rules about how they decide which lands become critical habitats for endangered plants and animals. Now, they’ll clearly weigh economic, security, and other impacts before protecting an area, making the process more open and predictable. These changes start August 20, 2026, helping communities and businesses understand when lands might be excluded from protection.
2026-14299, Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Contiguous U.S. Distinct Population Segment of the Canada Lynx
The U.S. Fish and Wildlife Service updated the protected areas for the Canada lynx in Colorado, Idaho, Montana, and Washington, covering about 14,030 square miles. This change fixes past legal issues and helps keep the lynx’s home safe. The new rule starts on August 17, 2026, and may affect land use and conservation efforts in these states.
2026-14195, Rescinding the Definition of “Harm” Under the Endangered Species Act
The U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration are wiping away the official definition of “harm” under the Endangered Species Act starting September 14, 2026. This change affects anyone involved in protecting endangered plants and animals by shifting how “harm” is understood and enforced. It’s a big move that could change how projects and protections are handled, but no new costs or deadlines are added right now.
2026-12955, Process for Authorizing Seasonal Migratory Game Bird Hunting
The Fish and Wildlife Service is changing how it approves seasonal migratory game bird hunting. Instead of making new rules every year, they’ll issue a hunting plan every three years, updating it sooner if needed. This will save time and money, help States, Tribes, and hunters, and keep bird populations safe.
2026-12951, Process for Authorizing Seasonal Migratory Game Bird Hunting
The Fish and Wildlife Service is changing how it approves seasonal migratory game bird hunting. Instead of yearly rules, they’ll issue a hunting plan every three years but still decide harvest levels annually. This new process saves time and money, helps States and Tribes, and kicks in August 25, 2026—unless big objections come in by July 27.
Previous / Next Documents
Previous: 2026-04534, Trump Accounts Contribution Pilot Program
Starting soon, kids born from 2025 to 2028 who are U.S. citizens with Social Security numbers can get $1,000 added to their new Trump accounts through a special pilot program. Parents or guardians will need to choose to make this happen by following new IRS rules. Comments on these rules are open until April 8, 2026, so get ready to act!
Next: 2026-04559, Migratory Bird Subsistence Harvest in Alaska
The U.S. Fish and Wildlife Service is proposing new rules for hunting migratory birds in Alaska to protect traditional ways of life for Alaska Native communities. These changes set clearer rules on when and where people can harvest certain birds, helping balance culture and conservation. If you want to share your thoughts, you have until April 8, 2026, to comment—no money changes, just smarter bird rules!