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.
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-08146 — Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Rayed Bean, Sheepnose, Snuffbox, and Spectaclecase Mussels
The U.S. Fish and Wildlife Service is officially protecting over 3,800 river miles across 17 states as critical habitat for four endangered freshwater mussels: rayed bean, sheepnose, snuffbox, and spectaclecase. This means these rivers will get special care to help these mussels survive and thrive. The new protections start May 27, 2026, and could affect activities near these waters, encouraging conservation efforts without heavy costs.
2026-05678 — Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 22 Species in the Commonwealth of the Northern Mariana Islands and the Territory of Guam
The U.S. Fish and Wildlife Service wants to protect 22 special plants and animals in Guam and the Northern Mariana Islands by marking nearly 60,000 acres as critical habitat. This means these areas will get extra care to help these species survive and thrive. People can share their thoughts by June 22, 2026, and an economic report is ready to show how this might affect local communities.
2026-10238 — Endangered and Threatened Wildlife and Plants; Enhancement of Survival Permit Application; Conservation Benefit Agreement for the Greenback Cutthroat Trout; Colorado
Colorado Parks and Wildlife wants a special permit to help save the greenback cutthroat trout, a rare fish in Colorado. This permit would let them and local landowners work together on projects to protect and grow the trout’s population. The public can share their thoughts by June 22, 2026, as this plan moves forward without big environmental hurdles or extra costs.
2026-10045 — Endangered and Threatened Wildlife and Plants; Reclassification of the Rough Popcornflower From Endangered to Threatened With a Section 4(d) Rule
Great news! The rough popcornflower, a rare plant, is no longer in immediate danger of extinction, so it’s being moved from endangered to threatened status starting June 18, 2026. The U.S. Fish and Wildlife Service is also putting new rules in place to help protect and conserve this plant as it continues to recover. This change helps focus efforts while keeping the plant safe for the future.
2026-09896 — Agency Information Collection Activities; Northeast Region Alaska Native Handicrafts
The U.S. Fish and Wildlife Service is renewing a paperwork process for Alaska Native artists in the Northeast Region who make and sell traditional handicrafts. No changes are planned, but they want your feedback by July 17, 2026. This keeps things smooth for artists and the government, with no new costs or extra hassle.
2026-09805 — Agency Information Collection Activities; Submission to the Office of Management and Budget; Federal Fish and Wildlife Permit Applications and Reports-Management Authority
The Fish and Wildlife Service is renewing its paperwork for federal fish and wildlife permits without making any changes. This affects anyone applying for or reporting on these permits, keeping the process steady with no new costs or deadlines. You can share your thoughts by June 15, 2026, if you want to weigh in!
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!