Alaska Oil Work Gets Permits to Accidentally Bother Polar Bears
Published Date: 10/19/2026
Rule
Summary
The U.S. Fish and Wildlife Service has finalized new rules allowing the Alaska oil and gas industry to accidentally disturb small numbers of polar bears and Pacific walruses during their activities in the Beaufort Sea and northern Alaska. These rules cover a 5-year period from October 2026 to October 2031 and continue protections while supporting energy development. Companies must get special permits to operate under these guidelines, balancing wildlife safety with industry needs.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
5‑Year Authorization to Incidentally Take Marine Mammals
If you are an eligible oil and gas operator (AOGA member companies, 8 Star Alaska, LLC, their affiliates, contractors, or successors), the Fish and Wildlife Service finalized rules allowing incidental, unintentional take of small numbers of polar bears and Pacific walruses during specified Beaufort Sea and North Slope activities from October 19, 2026 through October 19, 2031. The Service will issue Letters of Authorization (LOAs), upon request, to authorize such incidental take for activities described in the rule.
LOA Application and Timing Requirements
To get an LOA you must submit a written request at least 90 days before the activity starts and include (1) an operational plan with timing and nature of work, (2) an interaction plan for polar bears and walruses, (3) a site‑specific marine mammal monitoring and mitigation plan, and (4) plans of cooperation if required. Conducting activities without an LOA when one is required would be a violation of the Marine Mammal Protection Act.
Operational Mitigation: Aircraft, Vessels, and Den Surveys
LOA holders must follow mitigation rules: aircraft generally must not fly below 457 m (1,500 ft) or within 805 m (0.5 mi) of polar bears or walruses except in emergencies; helicopters may not hover or circle over polar bears, known dens, or walruses. Vessels must maintain the maximum distance practicable (805 m (0.5 mi) or greater), not approach within 805 m of animals on land or ice, avoid separating walrus groups, and keep a minimum 805 m distance for vessels over 15 m from walrus haulouts. LOA holders must also conduct one aerial infrared (AIR) den survey in November or December within 1.6 km (1 mi) of winter activity and a second survey in December or January in FWS high/moderate denning zones; putative dens within 1.6 km require creation of mitigation zones to avoid disturbance November–April.
Subsistence Protections and FWS Conservation Findings
The Fish and Wildlife Service determined that the total takings under these ITRs will affect only small numbers, will have a negligible impact on polar bear and walrus species or stocks, and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. These findings form the basis for issuing these incidental take regulations for the 5‑year period.
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