29364 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

DEPARTMENT OF THE INTERIOR Leesburg Pike; Falls Church, VA 22041– potential and documented Industry 3803. effects on these species; natural history Fish and Wildlife Service • Electronic submission: Federal and conservation status information of eRulemaking Portal at: http:// these species; and data reported from 50 CFR Part 18 www.regulations.gov. Follow the Alaska Native subsistence hunters. We [Docket No. FWS–R7–ES–2021–0037; instructions for submitting comments to have prepared a draft environmental FXES111607MRG01–212–FF07CAMM00] Docket No. FWS–R7–ES–2021–0037. assessment in conjunction with this We will post all comments at http:// rulemaking, which is also available for RIN 1018–BF13 www.regulations.gov. You may request public review and comment. that we withhold personal identifying The proposed regulations include Marine Mammals; Incidental Take information from public review; permissible methods of nonlethal During Specified Activities; North however, we cannot guarantee that we taking; mitigation measures to ensure Slope, Alaska will be able to do so. See Request for that Industry activities will have the AGENCY: Fish and Wildlife Service, Public Comments for more information. least practicable adverse impact on the Interior. FOR FURTHER INFORMATION CONTACT: species or stock, their habitat, and their ACTION: Proposed rule; notice of Marine Mammals Management, U.S. availability for subsistence uses; and availability of draft environmental Fish and Wildlife Service, 1011 East requirements for monitoring and assessment; and request for comments. Tudor Road, MS–341, Anchorage, AK reporting. Compliance with this rule, if 99503, Telephone 907–786–3844, or finalized, is not expected to result in SUMMARY: We, the U.S. Fish and Email: [email protected]. significant additional costs to Industry, Wildlife Service, in response to a Persons who use a telecommunications and any costs are minimal in request from the Alaska Oil and Gas device for the deaf (TDD) may call the comparison to those related to actual oil Association, propose to issue Federal Relay Service (FRS) at 1–800– and gas exploration, development, and regulations authorizing the nonlethal, 877–8339, 24 hours a day, 7 days a production operations. incidental, unintentional take by week. harassment of small numbers of polar Background bears and Pacific walruses during year- SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the Marine round oil and gas industry activities in Executive Summary Mammal Protection Act (MMPA; 16 the Beaufort Sea (Alaska and the Outer U.S.C. 1371(a)(5)(A)) gives the Secretary In accordance with the Marine Continental Shelf) and adjacent of the Interior (Secretary) the authority Mammal Protection Act (MMPA) of northern coast of Alaska. Take may to allow the incidental, but not 1972, as amended, and its implementing result from oil and gas exploration, intentional, taking of small numbers of regulations, we, the U.S. Fish and development, production, and marine mammals, in response to Wildlife Service (Service or we), transportation activities occurring for a requests by U.S. citizens (as defined in propose incidental take regulations period of 5 years. These activities are 50 CFR 18.27(c)) engaged in a specified (ITR) that, if finalized, would authorize similar to those covered by the previous activity (other than commercial fishing) the nonlethal, incidental, unintentional 5-year Beaufort Sea incidental take within a specified geographic region. take of small numbers of Pacific regulations effective from August 5, The Secretary has delegated authority walruses (Odobenus rosmarus 2016, through August 5, 2021. This for implementation of the MMPA to the divergens) and polar bears (Ursus proposed rule would authorize take by U.S. Fish and Wildlife Service. maritimus) during oil and gas industry harassment only. No lethal take would According to the MMPA, the Service (hereafter referred to as ‘‘Industry’’) be authorized. If this rule is finalized, shall allow this incidental taking if we activities in the Beaufort Sea and we will issue Letters of Authorization, find the total of such taking for a 5-year adjacent northern coast of Alaska, not upon request, for specific proposed period or less: including lands within the Arctic activities in accordance with this (1) Will affect only small numbers of National Wildlife Refuge, for a 5-year proposed regulation. Therefore, we marine mammals of a species or period. Industry operations include request comments on these proposed population stock; similar types of activities covered by the regulations. (2) will have no more than a previous 5-year Beaufort Sea ITRs negligible impact on such species or DATES: Comments on these proposed effective from August 5, 2016, through stocks; incidental take regulations and the August 5, 2021 and found in title 50 of (3) will not have an unmitigable accompanying draft environmental the Code of Federal Regulations (CFR) adverse impact on the availability of assessment will be accepted on or before in part 18, subpart J. such species or stocks for taking for July 1, 2021. This proposed rule is based on our subsistence use by Alaska Natives; and ADDRESSES: You may view this draft findings that the total takings of (4) we issue regulations that set forth: proposed rule, the associated draft Pacific walruses (walruses) and polar (a) Permissible methods of taking; environmental assessment, comments bears during proposed Industry (b) other means of effecting the least received, and other supporting material activities will impact no more than practicable adverse impact on the at http://www.regulations.gov under small numbers of animals, will have a species or stock and its habitat, and on Docket No. FWS–R7–ES–2021–0037, or negligible impact on these species or the availability of such species or stock these documents may be requested as stocks, and will not have an unmitigable for subsistence uses; and described under FOR FURTHER adverse impact on the availability of (c) requirements for monitoring and INFORMATION CONTACT. You may submit these species or stocks for taking for reporting of such taking. comments on the proposed rule by one subsistence uses by Alaska Natives. We If final regulations allowing such of the following methods: base our draft findings on past and incidental taking are issued, we may • U.S. mail: Public Comments proposed future monitoring of the then subsequently issue Letters of Processing, Attn: Docket No. FWS–R7– encounters and interactions between Authorization (LOAs), upon request, to ES–2021–0037, U.S. Fish and Wildlife these species and Industry; species authorize incidental take during the Service; MS: PRB (JAO/3W); 5275 research; oil spill risk assessments; specified activities.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29365

The term ‘‘take,’’ as defined by the The term ‘‘least practicable adverse subcontractors and subsidiaries that MMPA, means to harass, hunt, capture, impact’’ is not defined in the MMPA or plan to conduct oil and gas operations or kill, or attempt to harass, hunt, its enacting regulations. For this in the specified geographic region. capture, or kill any marine mammal (16 proposed ITR, we ensure the least Members of AOGA represented in the U.S.C. 1362(13)). Harassment, as practicable adverse impact by requiring Request include: Alyeska Pipeline defined by the MMPA, for activities mitigation measures that are effective in Service Company, BlueCrest Energy, other than military readiness activities reducing the impact of Industry Inc., Chevron Corporation, or scientific research conducted by or activities but are not so restrictive as to ConocoPhillips Alaska, Inc. (CPAI), Eni on behalf of the Federal Government, make Industry activities unduly U.S. Operating Co. Inc. (Eni Petroleum), means ‘‘any act of pursuit, torment, or burdensome or impossible to undertake ExxonMobil Alaska Production Inc. annoyance which (i) has the potential to and complete. (ExxonMobil), Furie Operating Alaska, injure a marine mammal or marine In this proposed ITR, the term LLC, Glacier Oil and Gas Corporation mammal stock in the wild’’ (the MMPA ‘‘Industry’’ includes individuals, (Glacier), Hilcorp Alaska, LLC (Hilcorp), defines this as Level A harassment); or companies, and organizations involved Marathon Petroleum, Petro Star Inc., ‘‘(ii) has the potential to disturb a in exploration, development, Repsol, and Shell Exploration and marine mammal or marine mammal production, extraction, processing, Production Company (Shell). stock in the wild by causing disruption transportation, research, monitoring, Non-AOGA companies represented in of behavioral patterns, including, but and support services of the petroleum the Request include: Alaska Gasline not limited to, migration, breathing, industry. Industry activities may result Development Corporation (AGDC), nursing, breeding, feeding, or in the incidental taking of Pacific Arctic Slope Regional Corporation sheltering’’ (the MMPA defines this as walruses and polar bears. (ASRC) Energy Services, Oil Search Level B harassment) (16 U.S.C. The MMPA does not require Industry (Alaska), LLC, and Qilak LNG, Inc. If 1362(18)). to obtain an incidental take authorization; however, any taking that finalized, these regulations would apply The terms ‘‘negligible impact’’ and occurs without authorization is a only to AOGA members, the non- ‘‘unmitigable adverse impact’’ are violation of the MMPA. Since 1993, the members noted above, their subsidiaries defined in title 50 of the CFR at 50 CFR oil and gas industry operating in the and subcontractors, and companies that 18.27 (the Service’s regulations Beaufort Sea and the adjacent northern have acquired any of the above. The governing small takes of marine coast of Alaska has requested and we activities and geographic region mammals incidental to specified have issued ITRs for the incidental take specified in AOGA’s request and activities). ‘‘Negligible impact’’ is an of Pacific walruses and polar bears considered in these proposed impact resulting from the specified within a specified geographic region regulations are described in the activity that cannot be reasonably during specified activities. For a following sections titled Description of expected to, and is not reasonably likely detailed history of our current and past to, adversely affect the species or stock Specified Activities and Description of Beaufort Sea ITRs, refer to the Federal Specified Geographic Region. through effects on annual rates of Register at 81 FR 52276, August 5, 2016; recruitment or survival. ‘‘Unmitigable 76 FR 47010, August 3, 2011; 71 FR Description of the Proposed Regulations adverse impact’’ means an impact 43926, August 2, 2006; and 68 FR The proposed regulations, if finalized, resulting from the specified activity (1) 66744, November 28, 2003. The current would authorize the nonlethal, that is likely to reduce the availability regulations are codified at 50 CFR part incidental, unintentional take of small of the species to a level insufficient for 18, subpart J (§§ 18.121 to 18.129). a harvest to meet subsistence needs by numbers of Pacific walruses and polar (i) causing the marine mammals to Summary of Current Request bears that may result from Industry abandon or avoid hunting areas, (ii) On June 15, 2020, the Service activities based on standards set forth in directly displacing subsistence users, or received a request from the Alaska Oil the MMPA. They would not authorize (iii) placing physical barriers between and Gas Association (AOGA) on behalf or ‘‘permit’’ Industry activities. The the marine mammals and the of its members and other participating Bureau of Ocean Energy Management subsistence hunters; and (2) that cannot companies to promulgate regulations for (BOEM), the Bureau of Safety and be sufficiently mitigated by other nonlethal incidental take of small Environmental Enforcement, the U.S. measures to increase the availability of numbers of walruses and polar bears in Army Corps of Engineers, and the marine mammals to allow subsistence the Beaufort Sea and adjacent northern Bureau of Land Management (BLM) are needs to be met. coast of Alaska for a period of 5 years responsible for permitting activities The term ‘‘small numbers’’; is also (2021–2026) (hereafter referred to as associated with Industry activities in defined in 50 CFR 18.27. However, we ‘‘the Request’’). We received an Federal waters and on Federal lands. do not rely on that definition here as it amendment to the Request on March 9, The State of Alaska is responsible for conflates ‘‘small numbers’’ with 2021, which was deemed adequate and permitting Industry activities on State ‘‘negligible impacts.’’ We recognize complete. The amended Request is lands and in State waters. The proposed ‘‘small numbers’’ and ‘‘negligible available at www.regulations.gov at regulations include: impacts’’ as two separate and distinct Docket No. FWS–R7–ES–2021–0037. • Permissible methods of nonlethal requirements for promulgating The AOGA application requests taking; incidental take regulations (ITRs) under regulations that will be applicable to the • the MMPA (see Natural Res. Def. oil and gas exploration, development, Measures designed to ensure the Council, Inc. v. Evans, 232 F. Supp. 2d and production, extraction, processing, least practicable adverse impact on 1003, 1025 (N.D. Cal. 2003)). Instead, for transportation, research, monitoring, Pacific walruses and polar bears and our small numbers determination, we and support activities of multiple their habitat, and on the availability of estimate the likely number of takes of companies specified in the application. these species or stocks for subsistence marine mammals and evaluate if that This includes AOGA member and other uses; and take is small relative to the size of the non-member companies that have • Requirements for monitoring and species or stock. applied for these regulations and their reporting.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29366 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Description of Letters of Authorization the LOA expires. For more information organizations to provide information (LOAs) on requesting and receiving an LOA, and respond to questions and concerns. refer to 50 CFR 18.27. An LOA is required to conduct The POC must provide adequate activities pursuant to an ITR. Under this Description of Plans of Cooperation measures to ensure that Industry proposed ITR, if finalized, entities (POCs) activities will not have an unmitigable adverse impact on the availability of intending to conduct the specific A POC is a documented plan activities described in these regulations walruses and polar bears for subsistence describing measures to mitigate uses. may request a LOA for the authorized potential conflicts between Industry nonlethal, incidental Level B take of activities and subsistence hunting. The Description of Specified Geographic walruses and polar bears. Per AOGA’s circumstances under which a POC must Region Request, such entities would be limited be developed and submitted with a to the companies, groups, individuals request for an LOA are described below. The specified geographic region specified in AOGA’s Request, their To help ensure that Industry activities covered by the requested ITR (Beaufort subsidiaries or subcontractors, and their do not have an unmitigable adverse Sea ITR region (Figure 1)) encompasses successors-in-interest. Requests for impact on the availability of the species all Beaufort Sea waters (including State LOAs must be consistent with the for subsistence hunting opportunities, waters and Outer Continental Shelf activity descriptions and mitigation and all applicants requesting an LOA under waters as defined by BOEM) east of a monitoring requirements of the ITR and this ITR must provide the Service north-south line extending from Point be received in writing at least 90 days documentation of communication and Barrow (N71.39139, W156.475, BGN before the activity is to begin. Requests coordination with Alaska Native 1944) to the Canadian border, except for must include (1) an operational plan for communities potentially affected by the marine waters located within the Arctic the activity; (2) a digital geospatial file Industry activity and, as appropriate, National Wildlife Refuge (ANWR). The of the project footprint, (3) estimates of with representative subsistence hunting offshore boundary extends 80.5 km (50 monthly human occupancy of project and co-management organizations, such mi) offshore. The onshore boundary area; (4) a walrus and/or polar bear as the North Slope Borough, the Alaska includes land on the North Slope of interaction plan, (5) a site-specific Nannut Co-Management Council Alaska from Point Barrow to the western marine mammal monitoring and (ANCC), and Eskimo Walrus boundary of the Arctic National Wildlife mitigation plan that specifies the Commission (EWC), among others. If Refuge. The onshore boundary is 40 km procedures to monitor and mitigate the Alaska Native communities or (25 mi) inland. No lands or waters effects of the activities on walruses and/ representative subsistence hunting within the exterior boundaries of the or polar bears, including frequency and organizations express concerns about Arctic National Wildlife Refuge (ANWR) dates of aerial infrared (AIR) surveys if the potential impacts of project are included in the Beaufort Sea ITR such surveys are required, and (6) Plans activities on subsistence activities, and region. The geographical extent of the of Cooperation (described below). Once such concerns are not resolved during proposed Beaufort Sea ITR region this information has been received, we this initial communication and (approximately 7.9 million hectares (ha) will evaluate each request and issue the coordination process, then a POC must (∼19.8 million acres (ac))) is smaller LOA if we find that the level of taking be developed and submitted with the than the region covered in previous will be consistent with the findings applicant’s request for an LOA. In regulations (approximately 29.8 million made for the total taking allowable developing the POC, Industry ha (∼73.6 million ac) were included in under the ITR. We must receive an after- representatives will further engage with the ITR set forth via the final rule that action report on the monitoring and Native communities and/or published at 81 FR 52276, August 5, mitigation activities within 90 days after representative subsistence hunting 2016).

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29367

120 Miles

Figure I-Map of the Beaufort Sea ITR region.

Description of Specified Activities determinations for this proposed ITR development, and artificial island will not be issued. Additional development. This section first summarizes the type information is available in the AOGA The location of new exploration and scale of Industry activities proposed Request for an ITR at: activities within the specified to occur in the Beaufort Sea ITR region www.regulations.gov in Docket No. geographic region of this proposed rule from 2021 to 2026 and then provides FWS–R7–ES–2021–0037. will be influenced by the location of more detailed specific information on current leases as well as any new leases Exploration Activities these activities. Year-round onshore and acquired via potential future Federal offshore Industry activities are AOGA’s request includes exploration and State of Alaska oil and gas lease anticipated. During the 5 years that the activities specified in the Request are for sales. proposed ITR would be in place, the purpose of exploring subsurface Industry activities are expected to be geology, water depths, and seafloor BOEM Outer Continental Shelf Lease generally similar in type, timing, and conditions to help inform development Sales effect to activities evaluated under the and production projects may occur in BOEM manages oil and gas leases in prior ITRs. Due to the large number of those areas. Exploration survey the Alaska Outer Continental Shelf variables affecting Industry activities, activities include geotechnical site (OCS) region, which encompasses 242 prediction of exact dates and locations investigations, reflection seismic million ha (600 million ac). Of that of activities is not possible in a request exploration, vibroseis, vertical seismic acreage, approximately 26 million ha for a five-year ITR. However, operators profiles, seafloor imagery collection, (∼65 million ac) are within the Beaufort must provide specific dates and and offshore bathymetry collection. Sea Planning Area. Ten lease sales have locations of proposed activities in their Exploratory drilling and development been held in this area since 1979, requests for LOAs. Requests for LOAs activities include onshore ice pad and resulting in 147 active leases, where 32 for activities and impacts that exceed road development, onshore gravel pad exploratory wells were drilled. the scope of analysis and and road development, offshore ice road Production has occurred on one joint

VerDate Sep<11>2014 20:14 May 28, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.002 29368 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Federal/State unit, with Federal oil encompassing 1.13 ha (2.8 million ac), barge traffic during the open-water production accounting for more than and 220 active leases in the State waters season unloads from West Dock. 28.7 million barrels (bbl) (1 bbl = 42 of the Beaufort Sea, encompassing Oil pipelines extend from each U.S. gallons or 159 liters) of oil since 244,760 ha (604,816 ac). The Beaufort developed oilfield to the Trans-Alaska 2001 (BOEM 2016). Details regarding Sea Planning Area encompasses a gross Pipeline System (TAPS). The 122-cm availability of future leases, locations, area of approximately 687,966 ha (1.7 (48-in)-diameter TAPS pipeline extends and acreages are not yet available, but million ac) divided into 572 tracts 1,287 km (800 mi) from the Prudhoe Bay exploration of the OCS may continue ranging in size from 210 to 2,330 ha oilfield to the Valdez Marine Terminal. during the 2021–2016 timeframe of the (520 to 5,760 ac). proposed ITR. Lease Sale 242, Alyeska Pipeline Service Company previously planned in the Beaufort Sea Development Activities conducts pipeline operations and maintenance. Access to the pipeline is during 2017 (BOEM 2012), was Industry operations during oil and gas primarily from established roads, such cancelled in 2015. BOEM issued a development may include construction as the Spine Road and the Dalton notice of intent to prepare an of roads, pipelines, waterlines, gravel environmental impact statement (EIS) pads, work camps (personnel, dining, Highway, or along the pipeline right-of- for the 2019 Beaufort Sea lease sale in lodging, and maintenance facilities), way. 2018 (83 FR 57749, November 16, 2018). water production and wastewater Oil and Gas Support Activities While the 2019–2024 Draft Proposed treatment facilities, runways, and other Program included three OCS lease sales, support infrastructure. Activities In addition to oil and gas production with one each in 2019, 2021, and 2023, associated with the development phase and development activities, support but has not been approved. Information include transportation activities activities are often performed on an on the Alaska OCS Leasing Program can (automobile, airplane, and helicopter); occasional, seasonal, or daily basis. be found at: https://www.boem.gov/ installation of electronic equipment; Support activities streamline and about-boem/alaska-leasing-office. well drilling; drill rig transport; provide direct assistance to other National Petroleum Reserve—Alaska personnel support; and demobilization, activities and are necessary for Industry restoration, and remediation work. The BLM manages the 9.2 million ha working across the North Slope and Industry development activities are (22.8 million ac) Natural Petroleum related areas. Several support activities often planned or coordinated by unit. A Reserve—Alaska (NPR–A), of which 1.3 are defined in AOGA’s request and million ha (3.2 million ac) occur within unit is composed of a group of leases include: Placement and maintenance of the Beaufort Sea ITR region. Lease sales covering all or part of an accumulation gravel pads, roads, and pipelines; have occurred regularly in the NPR–A; of oil and/or gas. Alaska’s North Slope supply operations that use trucks or 15 oil and gas lease sales have been held oil and gas field primary units include: buses, aircraft (fixed-wing or rotor- in the NPR–A since 1999. There are Duck Island Unit (Endicott), Kuparuk wing), hovercrafts, and barges/tugs to currently 215 leases covering more than River Unit, Milne Point Unit, transport people, personal incidentals 607,028 ha (1.5 million ac) in the NPR– Nikaitchuq Unit, Northstar Unit, Point (food, mail, cargo, perishables, and A. Current operator/ownership Thomson Unit, Prudhoe Bay Unit, personal items) between Units and Badami Unit, Oooguruk Unit, Bear information is available on the BLM facilities; pipeline inspections, Tooth Unit, Pikka Unit, and the Colville NPR–A website at https://www.blm.gov/ maintenance dredging and screeding River and Greater Mooses Tooth Units, programs/energy-and-minerals/oil-and- operations; and training for emergency which for the purposes of this ITR are gas/leasing/regional-lease-sales/alaska. response and oil spill response. Some of combined into the Western North Slope. State of Alaska Lease Sales these activities are seasonal and Production Activities performed in the winter using tundra- The State of Alaska Department of appropriate vehicles, such as road, pad, Natural Resources (ADNR), Oil and Gas North Slope production facilities and pipeline development and Division, holds annual lease sales of occur between the oilfields of the inspections. Field and camp-specific State lands available for oil and gas Alpine Unit in the west to Badami and support activities include: Construction development. Lease sales are organized Point Thomson in the east. Production of snow fences; corrosion and by planning area. Under areawide activities include building operations, subsidence control and management; leasing, the State offers all available oil production, oil transport, facilities, State acreage not currently under lease maintenance and upgrades, restoration, field maintenance campaigns; drilling; within each area annually. AOGA’s and remediation. Production activities well work/work-overs; plugging and Request includes activities in the State’s are long-term and year-round activities abandonment of existing wells; waste North Slope and Beaufort Sea planning whereas exploration and development handling (oil field wastes or camp areas. Lease sale data are available on activities are usually temporary and wastes); camp operations the ADNR website at: https:// seasonal. Alpine and Badami are not (housekeeping, billeting, dining, dog.dnr.alaska.gov/Services/ connected to the road system and must medical services); support infrastructure BIFAndLeaseSale. Projected activities be accessed by airstrips, barges, and (warehousing and supplies, shipping may include exploration, facility seasonal ice roads. Transportation on and receiving, road and pad maintenance and construction, and the North Slope is by automobile, maintenance, surveying, inspection, operation activities. airplanes, helicopters, boats, vehicles mechanical shops, aircraft support and The North Slope planning area has with large, low-pressure tires called maintenance); emergency response 1,225 tracts that lie between the NPR– Rolligons, tracked vehicles, and services and trainings; construction A and the ANWR. The southern snowmobiles. Aircraft, both fixed wing within existing fields to support oil field boundary of the North Slope sale area is and helicopters, are used for movement infrastructure and crude oil extraction; the Umiat baseline. Several lease sales of personnel, mail, rush-cargo, and and transportation services by a variety have been held to date in this leasing perishable items. Most equipment and of vehicles. Additional details on each area. As of May 2020, there are 1,505 materials are transported to the North of these support activities can be found active leases on the North Slope, Slope by truck or barge. Much of the in AOGA’s request.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29369

Specific Ongoing and Planned Activities smaller, charter aircrafts at a minimum located east of the Badami Barge at Existing Oil and Gas Facilities for altitude of 305 m (1,000 ft) at ground Landing and a new gravel pit. This new 2021–2026 level. pad would allow the drilling of seven Tundra travel at Badami takes place During the proposed regulatory more deployment wells at Badami. All during both the summer and winter period, exploration and development new wells would be tied back to the season. Rolligons and Tuckers (off-road activities are anticipated to occur in the CPF. vehicles) are used during the summer offshore and continue in the current oil for cargo and resupply activities but Duck Island Unit (Endicott) field units, including those projects may also be used to access any pipelines Historically called the Endicott identified by Industry, below. and valve pads that are not located Oilfield, the Duck Island Unit is located Badami Unit adjacent to the gravel roads. During approximately 16 km (10 mi) northeast of Prudhoe Bay. Currently, Hilcorp The Badami oilfield resides between periods of 24-hour sunlight, these Alaska, LLC operates the oilfield. the Point Thomson Unit and the vehicles may operate at any hour. Endicott is the first offshore oilfield to Prudhoe Bay Unit, approximately 56 km Similar off-road vehicles are used during the winter season for continuously produce oil in the Arctic (35 mi) east of Prudhoe Bay. No maintenance and inspections. area of the United States and includes permanent road connections exist from Temporary ice roads and ice pads may a variety of facilities, infrastructure, and Badami to other Units, such as Prudhoe be built for the movement of heavy islands. Endicott consists of 210 ha (522 Bay or the Dalton Highway. The Badami equipment to areas that are otherwise ac) of land, 24 km (15 mi) of roads, 43 Unit consists of approximately 34 ha (85 inaccessible for crucial maintenance km (24 mi) of pipelines, two pads, and ac) of tundra, including approximately and drilling. Ice road construction no gravel mine sites. The operations 9.7 km (6 mi) of established industrial typically occurs in December or January; center and the processing center are duty roads connecting all infrastructure, however, aside from the previously situated on the 24-ha (58-ac) Main 56 km (35 mi) of pipeline, one gravel mentioned road connecting Badami to Production Island (MPI). To date, 113 mine site, and two gravel pads with a the Dalton Highway, ice roads are not wells have been drilled in efforts to total of 10 wells. The oilfield consists of routinely built for Badami. Roads are develop the field, of which 73 still the following infrastructure and only built on an as-needed basis based operate. Additionally, two satellite facilities: A central processing facility on specific projects. Other activities fields (Eider and Sag Delta North) are (CPF) pad, a storage pad, the Badami performed during the winter season drilled from the Endicott MPI. Regular airstrip pad, the Badami barge landing, include pipeline inspections, culvert activities at Endicott consist of and a 40.2-km (25-mi)-pipeline that work, pigging, ground surveillance, production and routine repair on the connects to Endicott. geotechnical investigations, vertical Endicott Sales Oil Pipeline, culverts, During the summer, equipment and support member (VSM) leveling, bridges, and bench bags. A significant supplies are transported to Badami by reconnaissance routes (along snow repair on a bridge called the ‘‘Big contract aircraft from Merrill Field in machine trails), and potentially spill Skookum’’ is expected to occur during Anchorage or by barge from the West response exercises. Road vehicles used the duration of this proposed ITR. Dock in Prudhoe Bay. During winter include pickup trucks, vacuum trucks, Endicott’s facilities are connected by drilling activities, a tundra ice road is loaders, box vans, excavators, and hot gravel roads and are accessible through constructed near the Badami/Endicott water trucks. Standard off-road vehicles the Dalton Highway year-round via a Pipeline to tie-in to the Badami Central include, but are not limited to, Tuckers, variety of vehicles (pickup trucks, Production Facility pad. This winter Rolligons, and snow machines. vacuum trucks, loaders, box vans, tundra ice road is the only land On occasion, crew boats, landing excavators, hot water trucks). Required connection to the Dalton Highway and craft, and barges may transport equipment and supplies are brought in the Badami Unit. Light passenger trucks, personnel and equipment from West first from Anchorage and Fairbanks, dump trucks, vacuum trucks, tractor Dock to Badami from July through through Deadhorse, and then into trailers, fuel trucks, and heavy September, pending the open-water Endicott. Traffic is substantial, with equipment (e.g., large drill rigs, well window. Tugs and barges may also be heavy traffic on routes between simulation equipment) travel on this used depending on operational needs. processing facilities and camps. road during the winter season. This road These trips typically go from Badami to Conversely, drill site access routes also opens as an ADNR-permitted trail other coastal Units, including Endicott experience much less traffic with during off-years where Tuckers (a brand and Point Thomson. standard visits occurring twice daily of tracked vehicle) or tracked Steigers (a Badami performs emergency response (within a 24-hour period). Traffic at drill brand of tractor) use it with sleds and and oil spill trainings during both open- sites increases during active drilling, snow machines. Activities related to water and ice-cover seasons. Smaller maintenance, or other related projects this opening would be limited to vessels (i.e., zodiacs, aluminum work and tends to subside during normal necessary resupply and routine valve boats, air boats, and bay-class boats) operations. Hilcorp uses a variety of station maintenance along the oil sales typically participate in these exercises. vehicles on these roads, including light pipeline corridor. Future classes may utilize other passenger trucks, heavy tractor-trailer Flights from Anchorage land at additional equipment or vessels as trucks, heavy equipment, and very large Badami Airfield (N70.13747, needed. drill rigs. Ice roads are only built on an W147.0304) for a total of 32 flight legs Currently, 10 wells have been drilled as-needed basis for specific projects. monthly. Additionally, Badami across the lifespan of the Badami Unit. Air travel via helicopter from an transports personnel and equipment Repair and maintenance activities on established pad on Endicott to from Deadhorse to Badami Airfield. pipelines, culverts, ice roads, and pads Deadhorse Airport is necessary only if Approximately 24 cargo flights land at are routine within the Badami Unit and the access bridges are washed out Badami Airfield annually depending on occur year-round. Badami’s current (typically mid to late May to the start of Unit activities and urgency. Badami also operator has received a permit from the June). During such instances, conducts aerial pipeline inspections. U.S. Army Corps of Engineers to permit approximately 20–30 crew flights would These flights are typically flown by a new gravel pad (4.04 ha [10 ac]) occur along with cargo flights about

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29370 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

once a week. Hilcorp also performs passenger trucks, heavy tractor-trailer roads and pads are built to move heavy maternal polar bear den surveys via trucks, heavy equipment, and very large equipment to areas that may be aircraft. drill rigs. Required equipment and inaccessible. Winter tundra travel Hilcorp performs tundra travel work supplies are flown in through distances average approximately 1,931 during the winter season (December– Deadhorse and then transported via km (1,200 mi) with ice roads averaging May; based on the tundra opening vehicle into the Kuparuk River Unit. approximately 17.7 km (11 mi) and may dates). Activities involving summer Traffic has been noted to be substantial, occur at any hour of the day. Dredging tundra travel are not routine, and with specific arterial routes between and screeding occur annually to the pipeline inspections can be performed processing facilities and camps extent necessary for safety, continuation using established roads. During the experiencing the heaviest use. of seawater flow, and dock stability at winter season, off-road vehicles (e.g., Conversely, drill site access routes the Kuparuk saltwater treatment plant Tuckers, snow machines, or tracked experience much less traffic with intake and at Oliktok dock. Dredging utility vehicles called Argo centaurs) standard visits to drill sites occurring at occurs within a 1.5-ha (3.7-ac) area, and perform maintenance, pipeline least twice daily (within a 24-hour screeding occurs within a 1-ha (2.5-ac) inspections, culvert work, pigging, period). Traffic at drill sites increases area. Operations are conducted during ground surveillance, VSM leveling, during drilling activities, maintenance, the open-water season (May to October reconnaissance routes (snow machine or other related projects and tends to annually). Removed material from trails), spill response exercises, and subside during normal operations. screeding and dredging is deposited in geotechnical investigations across The Kuparuk River Unit uses its own upland areas above the high tide, such Endicott. private runway (Kuparuk Airstrip; as along the Oliktok causeway and Tugs and barges are used to transport N70.330708, W149.597688). Crew and saltwater treatment plant (STP) pad. fuel and cargo between Endicott, West personnel are transported to Kuparuk on ConocoPhillips removes approximately Dock, Milne, and Northstar during the an average of two flights per day. Flights 0.6 to 1.1 m (2 to 3.5 ft) of sediment per July to September period (pending the arrive into Kuparuk only on the year. Dredging activities typically last open-water period). Trips have been as weekdays (Monday through Friday). for 21 days, and screeding activities many as over 80 or as few as 3 annually Year round, approximately 34 flights typically last 12 days annually. Boats depending on the needs in the Unit, and per week transport crew and personnel are also used to perform routine since 2012, the number of trips between between Kuparuk and Alpine Airport. maintenance as needed on the STP these fields has ranged from 6 to 30. ConocoPhillips plans to replace the outfalls and inlets. ConocoPhillips However, a tug and barge have been passenger flights from Alpine to infrequently has marine vessel traffic at historically used once a year to Kuparuk in 2021 with direct flights to the Oliktok Dock. transport workover rigs between West both Alpine and Kuparuk from ConocoPhillips performs emergency Dock, Endicott, and Northstar. Endicott Anchorage. These flights are expected to response and oil spill trainings during performs emergency response and oil occur five times weekly and will replace both open-water and ice-cover seasons. spill trainings during both the open- the weekly flights from Alpine to Smaller vessels (i.e., zodiacs, aluminum water and ice-covered seasons. Smaller Kuparuk. Cargo is also flown into work boats, air boats, and bay-class vessels (i.e., zodiacs, Kiwi Noreens, bay- Kuparuk on personnel flights. The boats) typically participate in these class boats) participate in these single exception would be for special exercises. Future classes may utilize exercises; however, future classes may and specific flights when the Spine road other additional equipment or vessels as utilize other additional equipment or is blocked. Occasionally, a helicopter needed. vessels (e.g., the ARKTOS amphibious will be used to transport personnel and The Willow Development Project, emergency escape vehicle) as needed. equipment within the Kuparuk River which is described in full in Planned ARKTOS training will not be conducted Unit. These flights generally occur Activities at New Oil and Gas Facilities during the summer. between mid-May and mid-September for 2021–2026, would lead to increased and account for an estimated 50 activity through the Kuparuk River Unit. Kuparuk River Unit landings annually in Kuparuk. The Prefabricated modules would be ConocoPhillips Alaska, Inc. operates location and duration of these flights are transported through the Unit. Module facilities in the Kuparuk River Unit. variable, and helicopters could land at transportation involves an increase in This Unit is composed of several the Kuparuk Airstrip or remote road, aircraft, and vessel traffic resulting additional satellite oilfields (Tarn, Palm, locations on the tundra. However, only in the need for gravel road and gravel Tabasco, West Sak, and Meltwater) 4 of the estimated 50 landings are pad modifications, ice road and ice pad containing 49 producing drill sites. within 3.2 km (5 mi) of the coast. construction, and sea floor screeding. Collectively, the Greater Kuparuk Area ConocoPhillips flies surveys of remote During the 2023 summer season, gravel consists of approximately 1,013 ha sections of the Kuparuk crude pipeline hauling and placement to modify (2,504 ac) made up of 209 km (130 mi) one to two times weekly during summer existing roads and pads used in support of gravel roads, 206 km (128 mi) of months as well as during winter months of the Willow Development would take pipelines, 4 gravel mine sites, and over when there is reduced visibility from place. An existing 12-acre gravel pad 73 gravel pads. A maximum of 1,200 snow cover. During winter months, located l3.2 km (2 mi) south of the personnel can be accommodated at the maternal den surveys are also performed Oliktok Dock would require the Kuparuk Operations Center and the using aircraft with mounted AIR addition of 33,411 cubic m (43,700 Kuparuk Construction Camp. The cameras. Off-road vehicles (such as cubic yd) of gravel, increasing pad camps at the Kuparuk Industrial Center Rolligons and Tuckers) are used for thickness to support the weight of the are used to accommodate overflow maintenance and inspection of modules during staging. However, this personnel. pipelines and power poles that are not addition of gravel would not impact the Kuparuk’s facilities are all connected located adjacent to the gravel roads. current footprint of the pad. by gravel road and are accessible from These vehicles operate near the road Additionally, ConocoPhillips plans to the Dalton Highway year-round. (152 m [500 ft]) and may operate for 24 widen six road curves and add four 0.2- ConocoPhillips utilizes a variety of hours a day during summer months. ha (0.5-ac) pullouts between the Oliktok vehicles on these roads, including light During winter months, temporary ice Dock and Drill Site 2P as well as

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29371

increase the thickness of the 3.2-km (2- pads, 54 km (33 mi) of gravel roads and and will be running two to three more mi) gravel road from the Oliktok Dock mines, 161 km (100 mi) of pipelines, drilling rigs over the next 5 years— to the staging pad—requiring and over 330 wells. requiring several pad expansions to approximately 30,811 cubic m (40,300 Milne Point’s facilities are connected support them. Hilcorp plans to expand yd) of gravel and resulting in an by gravel roads and are accessible by the six pads, including: S Pad (4.5 ha [11 increase in footprint of the gravel road Dalton Highway year-round via a variety ac]), I Pad (0.81 ha [2 ac]), L Pad (0.81 by <0.4 ha (<0.1 ac). Twelve culverts are of vehicles (pickup trucks, vacuum ha [2 ac]), Moose Pad (0.81 ha [2 ac]), estimated to be extended within this trucks, loaders, box vans, excavators, B Pad (2.1 ha [5.3 ac]), and E Pad (0.4 part of the gravel road to accommodate hot water trucks). Required equipment ha [1 ac]). Additionally, Hillcorp’s the additional thickness (approximately and supplies are brought in first from proposed Raven Pad is projected to be five culverts per mile). This would yield Anchorage and Fairbanks, through built in 2021 between the L and F Pads. a new gravel footprint with an Deadhorse, and then into the Milne This pad will be 12.1 ha (30 ac) and additional 2 ha (5.0 ac) and 90,752 cubic Point Unit. Arterial roads between contain various facilities, pipelines, tie- m (118,700 cubic yd). In 2025, a 6.1-ha processing facilities and camps ins, a new pipeline/VSM along existing (15-ac) ice pad, for camp placement, and experience heavy traffic use. routes connecting F Pad to CFP and 45 an ice road for module transportation, Conversely, drill site access routes wells. would be constructed in association experience much less traffic, with Hilcorp is also planning to drill at with the Willow Project. The planned standard visits to drill sites occurring least 28 new wells with a potential for location is near Drill Site 2P, over 32.2 twice daily (within a 24-hour period). more over the period of the proposed km (20 mi) away from the coastline. Traffic at drill sites increases during ITR. New facilities will be installed for An increase in road traffic to Kuparuk drilling activities, maintenance, or other polymer injections, flowlines for new is expected to begin in 2023 and related projects and tends to subside wells, pipelines, camps, tanks, and main continue into the summer of 2026. during normal operations. Industry uses facility improvements. This will require Activities would mostly consist of the a variety of vehicles on these roads, the development of new gravel pits for transportation of freight, equipment, including light passenger trucks, heavy mining. Some of the new facilities and support crews between Oliktok tractor-trailer trucks, heavy equipment, planned to be built include: Upgrades to Point, the Kuparuk Airport, and the and very large drill rigs. Moose pad; F Pad Polymer facility Air travel via helicopter from an NPR–A. The number of weekly flights installation and startup; 2020 shutdown established pad (N70.453268, will also increase with an average of 6 for A-Train process vessel inspections additional weekly flights in 2023, 4 W149.447530) to Deadhorse Airport is and upgrades; LM2500 turbine overhaul additional flights per week in 2024, 14 necessary only if the access bridges are completion; Raven Pad design and civil additional flights per week in 2025, and washed out (typically mid to late May work; S Pad facility future expansion; S 4 additional flights per week in 2026. to the start of June). During such Pad polymer engineering and Eight barges would deliver the instances, approximately 20–30 crew procurement; diesel to slop oil tank prefabricated modules and bulk material flights would occur, along with cargo conversion; and I Pad redevelopment. to Oliktok Dock using existing and flights, about once a week. Hilcorp also Repair activities will be routinely regularly used marine transportation performs maternal polar bear den performed on pipelines, culverts, ice routes in the summer of 2024 and 2026. surveys via aircraft. Due to the current depths of water at Hilcorp uses off-road vehicles roads, and pads. Power generation and the Oliktok Dock (2.4 m [8 ft]), (Rolligons and Tuckers) for tundra infrastructure at L Pad and polymer lightering barges (barges that transfer travel during summer months to access injection facilities are also planned on cargo between vessels to reduce a any pipelines and power poles not Moose Pad, F Pad, J Pad, and L Pad. vessel’s draft) would be used to support found adjacent to the gravel roads. Hilcorp plans to expand the size of the delivery of large modules to the During the winter seasons, temporary the Milne mine site up to 9 ha (22.37 Dock. The location of the lightering ice roads and ice pads are built as ac). Approximately 6.3 ha (15.15 ac) transfer would be approximately 3.7 km needed across the Unit to move heavy will be mined for gravel. Overburden (2.3 mi) north of Oliktok Dock in 3.05 equipment to areas otherwise store will require about 1 ha (2.5 ac) and m (10 ft) of water. Screeding operations inaccessible. Hilcorp also uses their off- will be surrounded by a 1.3-ha (3.4-ac) would occur during the summer open- road vehicles (Tuckers, snow machines, buffer. Around 0.5 ha (1.32 ac) will be water season 2022–2024 and 2026 and Argo centaurs) during the winter to used to expand the Dalton Highway. starting mid-July and take perform maintenance and inspections. The Ugnu Mine Site E, located approximately one week to complete. Additionally, road vehicles (pickup approximately 8 km (5 mi) southeast of The activities would impact an area of trucks, vacuum trucks, loaders, box Oliktok Point and 3.2 km (2 mi) south 3.9 ha (9.6 ac) and an additional hectare vans, excavators, and hot water trucks) of Simpson Lagoon, will also be (2.5 ac) in front of the Oliktok Dock to are used to perform pipeline expanded during the 2021–2026 facilitate the unloading of the lightering inspections, culvert work, pigging, proposed ITR. Hilcorp’s planned barges. Bathymetry measurements ground surveillance, VSM leveling, expansion for the new cell is would be taken after to confirm the reconnaissance routes (snow machine approximately 259 m long by 274 m appropriate conditions of the screeded trails), potential spill response wide (850 ft long by 900 ft wide) or 7.1 seafloor surface. exercises, and geotechnical ha (17.56 ac). This would produce an investigations. estimated 434,267 cubic m (568,000 Milne Point Unit There are 14 pads and 2 gravel mine cubic yd) of overburden including a 20 The Milne Point Unit is located 56 km sites within the Milne Point Unit. percent swell factor, and approximately (35 mi) northwest of Prudhoe Bay, Twenty-eight new wells are expected to 764,554 cubic m (1,000,000 cubic yd) of producing from three main pools, be drilled over the next 7 years. Repair gravel. The footprint of the Phase I including Kuparuk, Schrader Bluff, and activities are routine at Milne Point and Material Site is expected to be 6.5 ha (16 Sag River. The total development area of occur on pipelines, culverts, ice roads, ac). Overburden storage, a thermal Milne Point is 182 ha (450 ac), and pads. Hilcorp also has plans to barrier, and access road would require including 80 ha (198 ac) of 14 gravel continue development on Milne Point approximately 4.2 ha (10.3 ac). The final

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29372 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

site layout will be dependent on gravel these flights are infrequent. Eni utilizes approximately 11.9 m (39 ft) deep. needs. off-road vehicles (Rolligons and other Thirty wells have been drilled to Marine vessels (specifically crew track vehicles) for both the summer and develop Northstar, of which 23 are still boats) are used to transport workers winter seasons for tundra travel; operable. A buried subsea pipeline (58 from West Dock to Milne Point if however, tundra travel is infrequent. km [36 mi] long) connects the facilities bridges are washed out. Additionally, Primarily, these activities would occur from Northstar to the Prudhoe Bay vessels (tugs/barges) are used to when access to the COTP between OPP oilfield. Access to the island is through transport fuel and cargo between and KPP is being inspected or under helicopter, hovercraft, boat, tucker, and Endicott, West Dock, Milne Point, and maintenance. Eni utilizes off-road vehicle (only during the winter ice road Northstar from July to September. While vehicles during winter to conduct season). Routine activities include the frequency of these trips is maintenance and inspections on COTP maintenance and bench/block repairs dependent on operational needs in a and to transport personnel, equipment, on culvert, road, and pipelines. given year, they are typically sparse. and supplies between the OPP and SID There are no established roads on Hilcorp performs several emergency during periods where a sea ice road Northstar Island. Loaders, cranes, and a response and oil spill trainings between the two locations is being telescopic material handler are used to throughout the year during both the constructed. Until the sea ice road is move cargo and equipment. Hilcorp open-water and ice-covered season. completed, vehicles travel by a single exclusively uses helicopter for all Smaller vessels (i.e., zodiacs, Kiwi snow trail (approximately 6.8 km [4.25 aircraft operations around the Northstar Noreens, bay-class boats) typically mi]). Unit, with an estimated 800 landings participate in these exercises; however, Two to three ice roads are constructed per year. Crew and cargo flights travel future classes may utilize other within the Nikaichuq Unit annually. daily from May to January to Northstar additional equipment or vessels (e.g., These ice roads are typically around 6.8 Island from Deadhorse Airport. Sling- the ARKTOS amphibious emergency km (4.25 mi) long and 18.3 m (60 ft) loading equipment and supplies may escape vehicle) as needed. ARKTOS wide. Traffic occurs at all hours, also occur from May through December. training will not be conducted during consisting of a variety of light vehicles, Pipeline inspections via aircraft are the summer, though Hilcorp notes that such as pickup trucks and SUVs, high- performed once weekly—generally with some variation in activities and capacity personnel transport vehicles no landings. However, once per quarter, equipment can be expected. (busses), ice road construction the helicopter lands to inspect the end equipment (road graders, water tankers, Nikaitchuq Unit of the pipeline where it enters the water snow blowers, front end loaders, and (N70.404220, W148.692130). Eni U.S. Operating Co., Inc., is the 100 dump trucks), vacuum trucks, and Only winter tundra travel occurs at percent working interest owner and tractor trailers. To build the sea ice road, Northstar. Hilcorp typically builds operator of the Nikaitchuq Unit. The Eni harvests ice chips from Lake K–304 several unimproved ice trails to Nikaitchuq Unit includes the following after constructing a 0.3-km (0.2-mi) Northstar, including a trail along the infrastructure: Oliktok Production Pad long, 9.1-m (30-ft) wide tundra ice road. (OPP), Spy Island Drill site (SID), In the past, a short tundra ice road was pipeline corridor from the valve pad Nikaitchuq Operations Center (NOC), a also constructed and used to access a near the Dew Line site to Northstar (9.5 subsea pipeline bundle, an onshore lake to obtain water for maintenance of km [5.93 mi]); a trail from West Dock to crude oil transmission pipeline (COTP), a sea ice road, and such an ice road may the pipeline shore crossing, grounded and an onshore pad that ties into the be used in the future. ice along the coastline (7.8 km [4.82 Kuparuk Pipeline (known as KPP). Maintenance activities, such as gravel mi]); two unimproved ice road paths Currently, the SID includes 19 and gravel bag placement along the from the hovercraft tent at the production wells, one exploration well subsea pipeline, may occur as needed. dockhead; one trail under the West on a Federal offshore lease, 14 injection Routine screeding is generally Dock Causeway (WDC) bridge to well wells, one Class-1 disposal well, and performed near barge landings at OPP pad DH3 (1.4 km [0.86 mi]); and a trail two shallow water wells. The OPP and SID. Dredging is also possible in around West Dock to intersect the main includes 12 production wells, eight this area, although not likely. ice road north of the STP (4.6 km [2.85 injection wells, three source water Hovercrafts are used to transport both mi]). Hilcorp may also construct any wells, one Class-1 disposal well, and cargo and personnel year round but number of shorter trails into two shallow water wells. generally occur daily between Oliktok undisturbed areas to avoid unstable/ Road access in the Nikaichuq Unit for Point and SID during October through unsafe areas throughout the ice season. the OPP, NOC, and KPP are through January and May through July. Crew These detours may be constructed after connected gravel roads from the Dalton boats with passengers, tugs, and barges March 1st due to safety considerations Highway year-round and maintained by are used to transport cargo from Oliktok and may deviate approximately 23–46 Kuparuk. Equipment and cargo are Point to the SID daily during open-water m (75–150 ft) from the original road or brought in from Anchorage and months (July through September) as trail. Fairbanks after a stopover in Deadhorse. needed. Eni also performs emergency Hilcorp typically constructs an Traffic levels vary depending on response and oil spill trainings during approximately 11.7-km (7.3-mi) long ice ongoing activities but do not change both open-water and ice seasons. road each year between Northstar and significantly with time of year. Prudhoe Bay (specifically West Dock) to Crew and cargo are primarily Northstar Unit allow for the transportation of transported using commercial flights to The Northstar Unit is made up of a personnel, equipment, materials, and Deadhorse and then by vehicle. A 15,360-ha (38,400-ac) reservoir, and supplies. This ice road generally allows helicopter may be used for Hilcorp Alaska, Inc. currently operates standard vehicles (sport-utility vehicles transportation of personnel, the delivery it. Northstar is an artificial island (SUVs), pickup trucks, buses, other and movement of supplies and located approximately 6 km (4 mi) trucks) to transport crew and equipment equipment from Deadhorse when the northwest of Point McIntyer and 10 km to and from the island; however, Kuparuk Bridge is unavailable, or in the (6 mi) from Prudhoe Bay. The water Hilcorp may elect to construct an ice event of a medical emergency; however, depth surrounding the island is trail that supports only light-weight

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29373

vehicles depending on operational tanks, flowlines, support infrastructure, tubing units, wire-line units, hot oil needs and weather conditions. and power generation facilities. The trucks). Eni estimates over 3,500 During December or January before pipeline bundle consists of two oil roundtrips occur annually. ice roads are built, Tucker tracked pipelines, a 30.5-cm (12-in) inner Eni will add 2,294 cubic m (3,000 vehicles transport cargo and crew daily. diameter production flowline, and a 5.1- cubic yd) of gravel to facilitate a During ice road construction, work will cm (2-in) inner diameter diesel/base oil hovercraft landing zone on island east occur for 24 hours a day, 7 days a week, flowline. The bundle sits about 61 m and will also conduct additional gravel and is stopped only when unsafe (200 ft) from the shoreline when maintenance at the ‘‘shoreline crossing’’ conditions are presented (e.g., high onshore and runs about 3.8 km (2.4 mi) of the pipeline or the area where the winds, extremely low temperatures). Ice on vertical supports to the OTP. A 30.5- pipeline transitions from the above- road construction typically begins cm (12-in) product sales line enters a ground section to the subsea pipeline. around January 1st when the ice is metering skid on the southeast side of Maintenance in these areas is necessary considered thick enough (minimum of the OTP. This metering skid represents to replace gravel lost to erosion from 61 cm [24 in]) and is typically the point where the custody of the oil ocean wave action. Additionally, Eni completed within 45 days of the start is transferred to ConocoPhillips Alaska, performs gravel placement on the date. Inc. Diesel fuels and base oil are stored subsea pipeline to offset strudel scour— Once the ice road is built, tractor- at the OTP to resupply the ODS as pending the results of annual surveys. trailer trucks transport freight, needed. Island ‘‘armor’’ (i.e., gravel bags) chemicals for resupplies (occurs every 2 The ODS is a manmade island located requires maintenance throughout the weeks using 10 truckloads), diesel, and approximately 9.2 km (5.7 mi) offshore year as well. other equipment. Additional personnel and measuring approximately 5.7 ha (14 Eni utilizes some in-water vessel and smaller freight travel multiple times ac) and is found approximately 12.9 km traffic to transport crew and cargo from a day in light passenger traffic buses and (8 mi) northwest of the OTP. The site Oliktok Point to the ODS during the pickup trucks. A grader and snow includes living quarters with 150 beds, open-water season (typically July to blower maintain the ice road daily, and a helicopter landing site, various September). These trips occur daily (or in the event of cracks in the ice road, a production and injection wells, and a less if hovercraft are used). loader may be used. Tucker tracked grind and inject facility. A Nabors rig is Additionally, Eni uses tugs and barges vehicles and hovercraft are used also located on the pad and the rig is to transport cargo from Oliktok Point to beginning mid-May as ice becomes currently not in use. The ocean the ODS from July to September. These unstable, then, as weather warms, boats surrounding the island is about 3.05 m vessels make varying amounts of trips, and helicopters are used. Hilcorp uses (10 ft) in depth and considered from a few trips annually up to 50 trips hovercraft daily between West Dock and relatively shallow. depending on operational needs at the Northstar Island to transport crew and Oooguruk relies on interconnected time. cargo (October through January and May gravel roads maintained by Kuparuk to Like the trainings performed at the through July) when broken-ice gain access to the Dalton Highway Nikaitchuq Unit, Eni would also conditions are present. Crew boats have throughout the year. Equipment and conduct emergency and oil spill also been used to carry crew and cargo supplies travel from Anchorage and response trainings throughout the daily from West Dock to Northstar Fairbanks to the OTP through proposed ITR period at various times. Island during open-water months (July Deadhorse. The ODS is connected to the Trainings will be conducted during both to September) when hovercraft are not road system only when an ice road is open-water and ice-covered seasons in use. Tugs and barges transport fuel developed and available from February with training exercises occurring on and cargo from West Dock and Endicott to May. both the land and the water depending to Northstar Island during the open- Eni uses helicopters from May to on current ice conditions. Further water season (July through September) January for cargo transport, which is information on these trainings can be and may be used once a year to limited to flights between the OTP and found on the submitted AOGA request transport workover rigs. There are the ODS. Work personnel depart from for 2021–2026. typically between 6–30 trips per year. the Nikaitchuq Unit’s NOC pad; Eni Northstar performs emergency estimates about 700 flights occur during Point Thomson Unit response and oil spill trainings during the helicopter season for both crew and The Point Thomson Unit (PTU) is both open-water and ice-cover seasons. field personnel. located approximately 32 km (20 mi) Smaller vessels (i.e., zodiacs, aluminum Eni occasionally utilizes off-road east of the Badami field and 96 km (60 work boats, air boats, and bay-class vehicles (e.g., Rolligons and track mi) east of Deadhorse and is operated by boats) typically participate in these vehicles) during the summer tundra ExxonMobil. The Unit includes the exercises. Future classes may utilize months with activities limited to Point Thomson initial production other additional equipment or vessels cleanup on ice roads or required system (IPS), Sourdough Wells, and (e.g., the ARKTOS amphibious maintenance of the pipeline bundle. legacy exploration sites (i.e. PTU 1–4, emergency escape vehicle) as needed. During winter months, track vehicles Alaska C–1, West Staines State 2 and However, the ARKTOS training will not transport personnel, equipment, and 18–9–23). The total Point Thomson IPS be conducted during the summer. supplies between the OTP and ODS area is approximately 91 ha (225 ac), during the ice road construction period. including 12.4 km (7.7 mi) of gravel Oooguruk Unit The ice road is approximately 9.8-m (32- roads, 35 km (22 mi) of pipelines, one The Oooguruk Unit was originally ft) wide, and traffic and activity are gravel mine site, and three gravel pads developed in 2008 and is operated by constant—most notably from light (Central, West, and C–1). Eni, consisting of several developments vehicles (pickup trucks, SUVs), high- The Point Thomson IPS facilities are and facilities including the Oooguruk capacity personnel transport (buses), ice interconnected by gravel roads but are Drill site (ODS), a 13-km (8.1-mi) long road construction equipment (road not connected to other oilfields or pipeline bundle, and the Oooguruk Tie- graders, water tankers, snow blowers, developments. Equipment and supplies in Pad (OTP). The OTP is an onshore front-end loaders, dump trucks), and are brought in via air, barge, ice road, or production facility that consists of well maintenance equipment (coil tundra travel primarily from Deadhorse.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29374 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Traffic on gravel roads within the PTU emergency response and oil spill far less except during active drilling, occurs daily with roads from Central trainings during the summer season. On maintenance or other projects. Traffic is Pad to the airstrip experiencing the occasion, spill response boats are used not influenced by the time of year. heaviest use. This consistent heavy use to transport operations and maintenance Vehicle types include light passenger is not influenced by time of year. personnel to Badami for pipeline trucks, heavy tractor-trailer trucks, Vehicle types include light passenger maintenance. heavy equipment, and very large drill trucks/vans, heavy tractor-trailer trucks, Expansion activities are expected to rigs. and heavy equipment usage on pads, occur over 4 years and would consist of Personnel and cargo are transported to particularly for snow removal and dust new facilities and new wells on the the PBU on regularly scheduled, control. Central Pad to increase gas and commercial passenger flights through Personnel and most cargo are condensate production. The Central Pad Deadhorse and then transported to camp transported to Point Thomson using would require a minor expansion of assignments via bus. Pipeline surveys aircraft departing from Deadhorse. only 2.8 ha (7 ac) to the southwest. are flown every 7 days departing from During normal operations, an average of Minor size increases on infield CPAI’s Alpine airstrip beginning the two to four passenger flights per week pipelines will also occur, but the facility flight route at Pump Station 1 and land at the Point Thomson Airport. footprint would not otherwise increase. covering a variety of routes in and Typically, there are 12 cargo flights per To support this project, an annual ice around the Gathering Center 2, Flow year (or one per month) that may land road would be constructed, and summer Station 2, Central Compressor Pad, West at Point Thomson but frequency is barging activities would occur to Gas Injection, and East Sag facilities. reduced January to April when tundra is transport a drilling rig, additional Pipelines are also surveyed once per day open. Aerial pipeline inspection surveys construction camps, field personnel, from the road system using a truck- are conducted weekly, and fuel, equipment, and other supplies or mounted forward-looking infrared environmental surveys and operations materials. Gravel would be sourced from camera system. Various environmental typically occur for 1 to 2 weeks each an existing stockpile, supplemented by studies are also conducted using summer. The environmental surveys are additional gravel volume that would be aircraft. Surveys include polar bear den generally performed at remediation sites sourced offsite as necessary. Drilling of detection and tundra rehabilitation and such as West Staines State 2 and 18–9– wells is expected to occur during the revegetation studies. Tundra 23, areas of pipeline maintenance, and later years of construction, and new environmental studies occur annually tundra travel routes. modular production facilities would be each summer in July and August with Off-road vehicles (e.g., Rolligons and fabricated offsite and then delivered via field personnel being transported to track vehicles) are only during the sealift. sites over an average of 4 days. Flights summer tundra months for emergency A small number of barge trips (<10 take off and return to Deadhorse airport, purposes such as accessing the pipeline. annually) are expected to deliver and field landings include seven tundra During winter months, off-road vehicles equipment, fuel, and supplies during sites an average of 25.7 km (16 mi) from provide access to spill response the open-water season (mid-July Deadhorse airport. Only four of the conexes, deliver cargo supplies from through September) from Deadhorse and seven tundra landing sites are within 8 Deadhorse, and maintain and inspect may occur at any time of day. km (5 mi) of the Beaufort coast. the PTU. Tundra travel includes a route Additional development activities are Unmanned aerial systems (UAS) are south of the pipeline from Deadhorse to planned within PTU and are described used for subsidence, flare, stack, and Point Thomson, a route along the in section Alaska Liquefied Natural Gas facility inspections from June to pipeline right-of-way (ROW), spur roads Project (Alaska LNG). September as well as annual flood as needed between the southern route Prudhoe Bay Unit surveillance in the spring. UAS depart and the pipeline ROW, and a route to and arrive at the same location and only spill conexes totaling approximately The Prudhoe Bay Unit (PBU) is the fly over roads, pipeline ROWs, and/or 146.5 km (91 mi). Travel along these largest producing oilfield in North within 1.6 km (1 mi) or line of sight of routes can occur at any time of day. America and is operated by Hilcorp. the pad. Temporary ice roads and pads near The PBU includes satellite oilfields Off-road vehicles (such as Rolligons the Point Thomson Facility are built to Aurora, Borealis, Midnight Sun, Polaris, and Tuckers) are used for maintenance move heavy equipment to areas and Orion. The total development area and inspection activities during the otherwise inaccessible for maintenance is approximately 1,778 ha (4,392 ac), summer to access pipelines and/or and construction activities. Ice road and including 450 km (280 mi) of gravel power poles that are not located ice pad construction typically begins in roads, 2,543 km (1,580 mi) of pipelines, adjacent to the gravel roads. These December or January. An ice road to 4 gravel mines, and over 113 gravel vehicles typically operate near the road Point Thomson is typically needed in pads. Camp facilities such as the (152 m [500 ft]) and may operate for 24 the event that a drilling rig needs to be Prudhoe Bay Operations Center, Main hours a day during summer months. mobilized and extends east from the Construction Camp, Base Operations During winter months, temporary ice Endicott Road, connects to the Badami Center, and Tarmac camp are also roads and pads are built to move heavy facilities, and continues east along the within the PBU. equipment to areas that may be coast to Point Thomson. PBU facilities are connected by gravel inaccessible. Winter tundra travel Barging usually occurs from mid-July roads and can be accessed from the distances and cumulative ice road through September. In the event Dalton Highway year-round. Equipment lengths average about 120.7 and 12.1 km additional barging operations are and supplies are flown or transported (75 and 7.5 mi), respectively, and may needed, dredging and screeding over land from Anchorage and occur at any hour of the day. An activities may occur to allow barges to Fairbanks to Deadhorse before they are additional 0.8 ha (2 ac) of ice pads are dock at Point Thomson. If dredging and taken to the PBU over land. Traffic is constructed each winter. screeding activities are necessary, the constant across the PBU with arterial West Dock is the primary marine work would take place during the open- routes between processing facilities and gateway to the greater Prudhoe Bay area water season and would last less than a camps experiencing the heaviest use with users including Industry vessels, week. ExxonMobil also performs while drill site access roads are traveled cargo ships, oil spill responders,

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29375

subsistence users, and to a lesser degree, approximately 29 km (18 mi) south of and its tributaries during the 2021–2026 public and commercial vessels. Routine Pump Station 1. period. annual maintenance dredging of the Travel primarily occurs along Western North Slope—Colville River seafloor around the WDC occurs to established rounds, four pipeline access and Greater Mooses Tooth Units maintain navigational access to DH2 roads, or along the pipeline ROW work and DH3 and to insure continued intake pad. Ground-based surveillance on the The Western North Slope (WNS) of seawater to the existing STP. TAPS ROW occurs once per week consists of the CPAI’s Alpine and Approximately 15,291 cubic m (20,000 throughout the year. Equipment and Alpine satellite operations in the cubic yd) of material is anticipated to be supplies are transported via commercial Colville River Unit (CRU) and the dredged over 56.6 ha (140 ac); however, carriers on the Dalton Highway. In the Greater Mooses Tooth Unit (GMTU). up to the 172,024 cubic m (225,000 summer, travel is primarily restricted to The Alpine reservoir covers 50,264 ha cubic yd) of material is authorized to be the gravel work pad and access roads. (124,204 ac), but the total developed removed in a single year. All dredged There are occasional crossings of area is approximately 153 ha (378 ac), material is placed as fill on the WDC for unvegetated gravel bars to repair remote which contains 45 km (28 mi) of gravel beach replenishment and erosion flood control structures on the roads, 51.5 km (32 mi) of pipelines, and protection. Some sediments are moved Sagavanirktok River. Transport of small- 14 gravel pads. The CRU has a but remain on the seafloor as part of the volume gravel material from the active combined production pad/drill site and screeding process. Much of the dredging river floodplain to the TAPS work pad four additional drill sites. The GMTU work takes place during the open-water may occur. Vehicles used during the contains one producing drill site and a season between May and October and summer include typical highway second drill site undergoing will be completed in less than 30 vehicles, maintenance equipment, and construction. Roads and pads are working days. Annual installation and off-road trucks for gravel material generally constructed during winter. floats, moorings, and buoys begin at the transport. In the winter, travel occurs in There are no permanent roads beginning of the open-water season and similar areas compared to summer in connecting WNS to industrial hubs or are removed at the end of the open- addition to maintenance activities, such other oilfields. Gravel roads connect water season. Up to three buoys may be as subsurface pipeline excavations. four of the five CRU drill sites. An ice installed to each side of the breach (up Short (<0.4 km, <0.25 mi) temporary ice road is constructed each winter to to six buoys total). roads and ice pads are built to move connect to the fifth CRU drill site. During the 2021–2022 winter tundra heavy equipment when necessary. Gravel roads also connect the GMTU travel period, an additional 8-km (5-mi) Vehicles used during the winter include drill sites to the CRU, and gravel roads ice road, 0.8-ha (2-ac) ice pad, up to 8- off-road tracked vehicles so that snow connect the two GMTU drill sites to km (5-mi) pipeline, and pad space are plowing on the ROW is not required. each other. Each drill site with gravel expected to be constructed to support I- The amount of traffic is generally not road access is visited at least twice Pad expansion totaling 12.1 ha (30 ac) influenced by the time of year. during a 24-hour period, depending on for the ice road and ice pad and 8.5 ha The Deadhorse Airport is the primary the weather. Drill site traffic levels (21 ac) for the pad space, pipeline, and hub used for personnel transport and increase during active drilling, VSM footprints. Other pad expansions airfreight to TAPS facilities in the maintenance, or other projects. Vehicles include approximately 0.8 ha (2 ac) per northern pipeline area. Commercial and that use the gravel roads include light year 2021–2026 at DS3–DS0 and P-Pad. charter flights are used for personnel passenger trucks, heavy tractor-trailer Additionally, the construction of up transport, and crew change-outs trucks, heavy equipment, and very large to a 56.7-ha (140-ac) mine site is generally occur every 2 weeks. Other drill rigs. The amount of traffic is expected. Construction will occur on a aviation activities include pipeline generally not influenced by the time of need-based, phased approach over 40 surveillance, oil spill exercise/training/ year, but there may be increased years with no more than 24.3 ha (60 ac) response, and seasonal hydrology amounts of traffic during the of gravel developed by 2026. A 4.3-km observations. Aerial surveillance of the exploration season. (2.7-mi) long and 24.4-m (80-ft) wide pipeline occurs once each week during In the winter, off-road vehicles are gravel access road will also be built for daylight hours throughout the year. used to access equipment for a total impacted area of 10.5 ha (26 ac) Approximately 50 hours per year are maintenance and inspections. over one year. flown within 40 km (25 mi) of the Temporary ice roads and ice pads are Beaufort Sea coastline. built to move heavy equipment for Trans-Alaska Pipeline System (TAPS) No TAPS-related in-water activities maintenance and construction activities. TAPS is a 122-cm (48-in) diameter occur in the Beaufort Sea. Instead, these An ice road is constructed to connect crude oil transportation pipeline system activities will be limited to the WNS to the Kuparuk oilfield (KRU) to that extends 1,287 km (800 mi) from Sagavanirktok River and its tributaries. move supplies for the rest of the year. Pump Station 1 in Prudhoe Bay Oilfield In-water construction and dredging may More than 1,500 truckloads of modules, to the Valdez Marine Terminal. The take place occasionally, and they are pipeline, and equipment are moved to lands occupied by TAPS are State- generally associated with flood control WNS over this ice road, which is owned, and the ROWs are leased structures and repairs to culverts, low approximately 105 km (65 mi) in length. through April 2034. Alyeska Pipeline water crossings, and eroded work pads. As mentioned previously, an ice road is Service Company operates the pipeline Gravel mining may also occur on dry constructed each winter to connect one ROW. Approximately 37 km (23 mi) of unvegetated bars of the active floodplain of the CRU drill sites to the other CRU pipeline are located within 40 km (25 or in established gravel pits. On river facilities in order to facilitate mi) of the Beaufort Sea coastline. A 238- bars, up to a 0.9-m (3-ft) deep layer of maintenance, drilling, and operations at km (148-mi) natural gas line that alluvial gravel is removed when the this drill site. WNS ice roads typically extends from Pump Station 1 provides river is low, and this layer is allowed to operate from mid-January until late- support for pipeline operations and naturally replenish. Additional April. facilities. The TAPS mainline pipe ROW construction of flood structures may be The Alpine Airstrip is a private includes a gravel work pad and drive needed to address changes in the runway that is used to transport lane that crosses the Dalton Highway hydrology of the Sagavanirktok River personnel and cargo. An average of 60

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29376 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

to 80 personnel flights to/from the source would be accessed seasonally by Access to the Willow Development Alpine Airstrip occur each week. an ice road. Increases in the amount of project area to Alpine, Kuparuk, or Within the CRU, the Alpine Airport traffic within WNS are expected from Deadhorse would be available by transports personnel and supplies to 2023 to 2026. The increase in traffic is ground transportation along ice roads. and from the CRU drill site that is only due to the transport of freight, Additionally, access to the Alpine Unit connected by an ice road during the equipment, and support crew between would occur by gravel road. The winter. There are approximately 700 the Willow Development, the Oliktok Development Plan requires 61.5 km cargo flights into Alpine each year. Dock, and the Kuparuk Airport. The (38.2 mi) of gravel road and seven Cargo flight activity varies throughout planned Willow Development is bridges to connect the five drill sites to the year with October through December projected to add several flights to/from the Greater Mooses Tooth 2 (GMT2). being the busiest months. Aerial visual the Alpine Airstrip from 2021 to 2026. The Willow Development would also surveillance of the Alpine crude It is estimated that the number of annual require approximately 59.7 km (37.1 mi) pipeline is conducted weekly for flights may increase by a range of 49 to or 104 ha (257.2 ac) of gravel roads to sections of the pipeline that are not 122 flights. There are plans to replace the Willow Central Processing Facility accessible either by road or during passenger flights connecting Alpine and (WCF), the WCF to the Greater Mooses winter months. These aerial Kuparuk oilfields in 2021 with direct Tooth 2 (GMT2), to water sources, and surveillance inspections generally occur flights to these oilfields. This change to airstrip access roads. The gravel one to two times each week, and they would reduce the number of connector needed for any gravel-based average between two and four total flights between these oilfields from 18 development would be mined from a flight hours each week. CPAI also uses flights to 5 flights each week. newly developed gravel mine site and aircraft to conduct environmental then placed for the appropriate Planned Activities at New Oil and Gas studies, including polar den detection infrastructure during winter for the first Facilities for 2021–2026 surveys in the winter and caribou and 3 to 4 years of the construction. bird surveys in the summer. These The AOGA’s submitted request Gravel mining and placement would environmental surveys cover includes several new oil and gas occur almost exclusively in the winter approximately 1,287 linear km (800 facilities being planned for leases season. Prepacked snow and ice road linear mi) over the CRU each year. In obtained by Industry (see the section construction will be developed to access the summer from mid-May to mid- about Lease Sales) in which the gravel mine site, the gravel road, and September, CPAI uses helicopters to development and exploration activities pad locations in December and January transport personnel and equipment would occur. The information discussed yearly from 2021 to 2024, and again in within the CRU (approximately 2,000 below was provided by AOGA and is 2026. Ice roads would be available for flights) and GMTU (approximately 650 the best available information at the use by February 1 annually. The Willow flights). time AOGA’s request was finalized. plan would require gravel for several There are no offshore or coastal Bear Tooth Unit (Willow) facilities, including Bear Tooth 1 (BT1), facilities in the CRU. However, there are Bear Tooth 2 (BT2), Bear Tooth 3 (BT3), multiple bridges in the CRU and GMTU Located 45.1 km (28 mi) from Alpine, Bear Tooth 4 (BT4), roads, WCF, Willow that required pilings which were driven the Willow Development is currently Operations Center (WOC), and the into stream/riverbeds during owned and operated by ConocoPhillips airstrip. Additionally, an all-season construction. In-water activities may Alaska, Inc. Willow is found in the Bear gravel road would be present from the occur during emergency and oil spill Tooth Unit (BTU) located within the GMT2 development and extend response training exercises. During the northeastern area of the NPR–A. southwest towards the Willow ice-covered periods, training exercises Discovered in 2016 after the drilling of Development area. This access road may involve using equipment to detect, the Ti>miaq 2 and 6 wells, Willow is would end at BT3, located west from the contain, and recover oil on and under estimated to contain between 400–750 WCF, WOC, and the airstrip. More ice. During the open-water season, air million barrels of oil and has the gravel roads are planned to extend to boats, shallow-draft jet boats and potential to produce over 100,000 the north, connecting BT1, BT2, and possibly other vessels may be used in barrels of oil per day. The Willow BT4. An infield road at BT3 would the Nigliq Channel, the Colville River Project would require the development provide a water-source access road that Main Channel, and other channels and of several different types of would extend to the east to a freshwater tributaries connected to the Colville infrastructure, including gravel roads, reservoir access pad and water intake River. Vessels may occasionally enter airstrips, ice roads, and ice pads, that system developed by ConocoPhillips. the nearshore Beaufort Sea to transit would benefit seismic surveys, drilling, Further east from the planned airstrip, between channels and/or tributaries of operations, production, pile-driving, an infield road is planned to extend the Colville River Delta. dredging, and construction. north to BT1, continue north to BT2, In the 2021–2026 period, two 4-ha ConocoPhillips plans to develop the and end at BT4. This road would (10-ac) multiseason ice pads would be hydrocarbon resources within the BTU intersect Judy (Iqalliqpik) Creek and located in the WNS in order to support during the 2021–2026 timeline under Fish (Uvlutuuq) Creek at several points. the Willow Development construction this ITR. The proposed development at Culvert locations would be identified in the NPR–A. Possible expansion Willow would consist of five drill sites and installed during the first activities for this period may include along with associated infrastructure, construction season prior to breakup. small pad expansions or new pads (<6.1 including flowlines, a CPF, a personnel Gravel pads would be developed before ha (15 ac)) to accommodate additional camp, an airstrip, a sales oil pipeline, on-pad facilities are constructed. Gravel drilling and development of small pads and various roads across the area. conditions and re-compaction would and gravel roads to accommodate Additionally, Willow would require the occur later in the year. additional facilities and operational development of a new gravel mine site The Willow area is expected to have needs. Two gravel mine sources in the and would use sea lifts for large year-round aircraft operations and Ti>miaqsiug˙vik area have been modules at Oliktok Dock requiring access from the Alpine Unit, Kuparuk permitted to supply gravel for the transportation over gravel and ice roads Unit, Deadhorse, Anchorage, Fairbanks, Willow Development. The new gravel in the winter. and several other locations. Aircraft

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29377

would primarily be used for support would be constructed near the WOC Liberty Drilling and Production Island activities and transporting workers, from 2021 to 2022 and rotated on an The Liberty reservoir is located in materials, equipment, and waste from annual basis. Federal waters in Foggy Island Bay the Willow Development to Fairbanks, Pipelines for the Willow Development about 13 km (8 mi) east of the Endicott Anchorage, Kuparuk, and Deadhorse. To would be installed during the winter Satellite Drilling Island (SDI). Hilcorp support these operations, a 1,890-m season from ice roads. Following VSMs plans to build a gravel island situated (6,200-ft)-long gravel airstrip would be and horizontal support members over the reservoir with a full on-island developed and is expected to be located (HSMs) assembly and installation; processing facility (similar to Northstar). near the WOC. Aircraft flight paths pipelines would be placed, welded, The Liberty pipeline includes an would be directed to the north of offshore segment that would be buried Nuiqsut. The construction for the tested, and installed on pipe saddles on top of the HSMs. ConocoPhillips in the seafloor for approximately 9.7 km airstrip is expected to begin during the (6 mi), and an onshore, VSM-mounted 2021 winter season and completed by expects that the Colville River segment extending from the shoreline the summer of 2022. Before its horizontal directional drilling pipeline approximately 3.2 km (2 mi) to the completion, ConocoPhillips would crossing would be completed during the Badami tie-in. Onshore infrastructure utilize the airstrip at the Colville Delta 2022 winter season. Pipeline would include a gravel mine site, a 0.29- 1 at the Alpine Central Processing installation would take approximately 1 ha (0.71-ac) gravel pad at the Badami Facility. After completion of the airstrip, to 3 years per pipeline, depending on pipeline tie-in and a 6.1-ha (0.15-ac) helicopters would be used to support several parameters such as pipeline gravel pad to allow for winter season ice various projects within the Willow length and location. road crossing. Environmental, Development starting in 2023. An In 2024 at BT1, a drill rig would be archeological, and geotechnical work estimated 82 helicopter flights would mobilized, and drilling would begin occur annually during 2023–2026 activities would take place to support prior to the WCF and drill site facilities the development and help inform between April and August. After the being completed. ConocoPhillips development of planned gravel roads decision-making. Development of the estimates about 18 to 24 months of ‘‘pre- Liberty Island would include impact and during activities such as drilling drilling’’ activities to occur, allowing and related operations, helicopters driving for conductor pipes/foundation the WCF to be commissioned pipes, vibratory drilling for conductor would be limited to support immediately after its construction. environmental monitoring and spill pipes, and vibratory and impact driving Wells would be drilled consecutively for sheet pile. response support. ConocoPhillips from BT1, BT3, and BT2; however, the estimates that 50 helicopter trips to and Road vehicles would use the Alaska timing and order is based upon drill rig from Alpine would occur in 2021, and Highway System to transport material availability and economic decision- 25 helicopter trips would occur from and equipment from supply points in making. A second drilling rig may be Alpine in 2022. Fairbanks, Anchorage, or outside of ConocoPhillips plans to develop and utilized during the drilling phase of the Alaska to the supply hub of Deadhorse. utilize ice roads to support gravel Willow Development as well. Additionally, North Slope gravel roads infrastructure and pipeline construction ConocoPhillips estimates that drilling would be used for transport from to access lakes and gravel sources and would occur year-round through 2030, Deadhorse to the Endicott SDI. Existing use separate ice roads for construction with approximately 20 to 30 days of gravel roads within the Endicott field and general traffic due to safety drilling per well. between the MPI and the SDI would considerations regarding traffic Post-drilling phase and WCF startup, also be used to support the project. frequency and equipment size. The ice standard production and operation During the winter seasons, workers road used to travel to the Willow activities would take place. would access the Liberty Island area Development is estimated to be shorter ConocoPhillips estimates that from existing facilities via gravel roads in length than previously built ice roads production would begin in the fourth and the ice road system. Construction at Kuparuk and Alpine, and quarter of 2025 with well maintenance vehicles would be staged at the ConocoPhillips expects the ice road use operations occurring intermittently construction sites, including the gravel season at Willow to be approximately 90 throughout the oilfield’s lifespan. mine. Access to the Liberty Drilling and days, from January 25 to April 25. In the Production Island (LDPI) by surface winter ice road season (February ConocoPhillips plans to develop transportation is limited by periods through April), material resupply and several bridges, installed via in-water when ice roads can be constructed and waste would be transported to Kuparuk pile-driving at Judy Creek, Fish Creek, used. Additionally, surface and to the rest of the North Slope gravel Judy Creek Kayyaaq, Willow Creek 2, transportation to the onshore pipeline road system via the annual Alpine and Willow Creek 4. Pilings would be can take place in winter on ice roads Resupply Ice Road. Additionally, during located above the ordinary high-water and can also occur in summer by drilling and operations, there would be level and consist of sheet pile abutments approved tundra travel vehicles (e.g., seasonal ground access from Willow to done in sets of four, positioned Rolligons). The highest volume of traffic Deadhorse and Kuparuk from the approximately 12.2 to 21.3 m (40 to 70 would occur during gravel hauls to annually constructed Alpine Resupply ft) apart. Crossings over Willow Creek create the LDPI. Gravel hauling to the Ice Road and then to the Alpine and 4a and Willow Creek 8 would be island would require approximately 14 GMT gravel roads. constructed as single-span bridges, trucks working for 76 days (BOEM Seasonal ice roads would be approximately 15.2 to 18.3 m (50 to 60 2018). An estimated 21,400 surface developed and used during construction ft) apart using sheet pile abutments. vehicle trips would occur per season at Willow’s gravel mine, bridge Additionally, bridges would be during island construction. crossings, horizontal directional drilling constructed during the winter season In general, ice roads would be used in crossing, and other locations as needed. from ice roads and pads. Screeding the winter seasons, marine vessels A 4-ha (10-ac) multiseason ice pad activities and marine traffic for the would be used in the summer seasons, would be developed and used Willow project may also take place at helicopters would be used across both throughout construction. This ice pad the Oliktok Dock in the KRU. seasons, and hovercraft (if necessary)

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29378 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

would be used during the shoulder flights to support LDPI construction by a driving lane of approximately 12 m season when ice roads and open water limiting the flights to an established (40 ft) and cover approximately 64.8 ha are not available. By spring breakup, all corridor from the LPDI to the mainland (160 ac) of sea ice. Ice road #2 materials needed to support the ongoing and except during landing and takeoff, (approximately 11.3 km [7 mi]) would construction would have been would maintain a minimum altitude of connect the LDPI to the proposed transported over the ice road system. 457 m (1,500 ft) above ground level Kadleroshilik River gravel mine site and Additionally, personnel would access (AGL) unless inclement weather then would continue to the juncture the island by helicopter (likely a Bell requires deviation. Equipment located at with the Badami ice road (which is ice 212) or if necessary, via hovercraft. the pipeline tie-in location and the road #4). It would be approximately 15 During the open-water season, pipeline shore landing would be m (50 ft) wide. Ice road #3 continued use of helicopter and accessed by helicopter or approved (approximately 9.6 km [6 mi], termed hovercraft would be utilized to transport tundra travel vehicles to minimize the ‘‘Midpoint Access Road’’) would personnel—however, crew boats may impacts to the tundra. intersect the SDI to LDPI ice road and also be used. Additionally, Hilcorp may use the ice road between the LDPI and the Construction materials and supplies unmanned aerial surveys (UASs) during mine site. It would be approximately 12 would be mobilized to the site by barge pile driving, pipe driving, and slope m (40 ft) wide. Ice road #4 from West Dock or Endicott. Larger shaping and armament activities during (approximately 19.3 km [12 mi]), barges and tugs can over-winter in the the open-water season in Year 2 of located completely onshore, would Prudhoe Bay area and travel to the LDPI construction and subsequently during parallel the Badami pipeline and in the open-water season, generally decommissioning to monitor for whales connect the mine site with the Endicott being chartered on a seasonal basis or or seals that may occur in incidental road. long-term contract. Vessels would Level B harassment zones as described All four ice roads would be include coastal and ocean-going barges in the 2019 LOA issued by the National constructed for the first 3 years to and tugs to move large modules and Marine Fisheries Service (NMFS 2020). support pipeline installation and equipment and smaller vessels to move Recent developments in the technical transportation from existing North Slope personnel, supplies, tools, and smaller capacity and civilian use of UASs roads to the proposed gravel mine site, equipment. Barge traffic consisting of (defined as vehicles flying without a and from the mine site to the proposed large ocean-going barges originating human pilot on board) have led to some LDPI location in the Beaufort Sea. After from Dutch Harbor is likely to consist of investigations into potential use of these Year 3, only ice road #1 would be one-to-two vessels, approximately two- systems for monitoring and conducting constructed to allow additional to-five times per year during aerial surveys of marine mammals materials and equipment to be construction, and only one trip every 5 (Koski et al. 2009; Hodgson et al. 2013). mobilized to support LDPI, pipeline, years during operations. During the first UASs, operating under autopilot and and facility construction activities as all 2 years following LDPI construction, mounted with Global Positioning island construction and pipeline hovercraft may make up to three trips System (GPS) and imaging systems, installation should be complete by Year per day from Endicott SDI to LDPI. After have been used and evaluated in the 3. In addition to the ice roads, three ice those 2 years, hovercraft may make up Arctic (Koski et al. 2009) and have pads are proposed to support to two trips per day from Endicott SDI potential to replace traditional manned construction activities (Year 2 and Year to LDPI (approximately 11.3 km [7 mi]). aerial surveys and provide an improved 3). These would be used to support Air operations are often limited by method for monitoring marine mammal LDPI, pipeline (including pipe stringing weather conditions and visibility. In populations. Hilcorp plans to seek a and two stockpile/disposal areas), and general, air access would be used for waiver, if necessary, from the Federal facilities construction. A fourth staging movement of personnel and foodstuffs Aviation Administration (FAA) to area ice pad (approximately 107 by 213 and for movement of supplies or operate the UAS above 122 m (400 ft) m (350 by 700 ft) would be built on the equipment when necessary. Fixed-wing and beyond the line of sight of the pilot. sea ice on the west side of the LDPI aircraft may be used on an as-needed Ground control for the UAS would be during production well drilling basis for purposes of spill response located at Liberty Island, Endicott, or operations. (spill delineation) and aerial another shore-based facility close to Other on-ice activities occurring prior reconnaissance of anomalous conditions Liberty (NMFS 2020). to March 1 may include spill training or unless otherwise required by After construction, aircraft, land exercises, pipeline surveys, snow regulatory authority. Helicopter use is vehicle, and marine traffic may be at clearing, and work conducted by other planned for re-supply during the similar levels as those described for snow vehicles such as a Pisten Bully, broken-ice seasons and access for Northstar Island, although specific snow machine, or Rolligon. Prior to maintenance and inspection of the details beyond those presented here are March 1, these activities would occur onshore pipeline system. In the period not presently known. outside of the delineated ice road/trail between completion of hydro-testing Ice roads would be used for onshore and shoulder areas. and facilities startup, an estimated one- and offshore access, installing the The LDPI would include a self- to-two helicopter flights per week are pipeline, hauling gravel used to contained offshore drilling and also expected for several weeks for construct the island, moving equipment production facility located on an personnel access and to transport on/off island, and personnel and supply artificial gravel island with a subsea equipment to the tie-in area. Typically, transit. Ice road construction can pipeline to shore. The LDPI would be air traffic routing is as direct as possible typically be initiated in mid- to late- located approximately 8 km (5 mi) from departure locations such as the December and can be maintained until offshore in Foggy Island Bay and 11.7 SDI, West Dock, or Deadhorse to the mid-May, weather depending. Ice road km (7.3 mi) southeast of the existing SDI LDPI, with routes and altitude adjusted #1 would extend approximately 11.3 km on the Endicott causeway. The LDPI to accommodate weather, other air (7 mi) over shorefast sea ice from the would be constructed of reinforced traffic, and subsistence activities. Endicott SDI to the LDPI (the SDI to gravel in 5.8 m (19 ft) of water and have Hilcorp would minimize potential LDPI ice road). It would be a working surface of approximately 3.8 disturbance to mammals from helicopter approximately 37 m wide (120 ft) with ha (9.3 ac). A steel sheet pile wall would

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29379

surround the island to stabilize the this system that have occurred since the the west side than on the east side. At placed gravel, and the island would previous year’s inspection. Any the top of the sheet-pile wall, include a slope protection bench, dock damaged material would be removed. overhanging steel ‘‘parapet’’ would be and ice road access, and a seawater Above-water activities would consist of installed to prevent wave passage over intake area. a visual inspection of the dock and the wall. Hilcorp would begin constructing the sheet pile enclosure that would Within the interior of the island, 16 LDPI during the winter immediately document the condition of the island steel conductor pipes would be driven following construction of the ice road bench and ramps. The below-water to a depth of 49 m (160 ft) to provide from the mine site to the island location. slopes would be inspected by divers or, the initial stable structural foundation Sections of sea ice at the island’s if water clarity allows, remotely by for each oil well. They would be set in location would be cut using a underwater cameras contracted a well row in the middle of the island. ditchwitch and removed. A backhoe and separately by Hilcorp. The results of the Depending on the substrate, the support trucks using the ice road would below-water inspection would be conductor pipes would be driven by move ice away. Once the ice is removed, recorded for repair if needed. No vessels impact or vibratory methods or both. gravel would be poured through the would be required. Multi-beam During the construction of the nearby water column to the sea floor, building bathymetry and side-scan sonar imagery Northstar Island (located in deeper the island structure from the bottom up. of the below-water slopes and adjacent water), it took 5 to 8.5 hours to drive A conical pile of gravel (hauled in from sea bottom would be acquired using a one conductor pipe (Blackwell et al. trucks from the mine site using the ice bathymetry vessel. The sidescan sonar 2004). For the Liberty LDPI, based on road) would form on the sea floor until would operate at a frequency between the 20 percent impact hammer usage it reaches the surface of the ice. Gravel 200 and 400 kHz. The single-beam factor (USDOT 2006.), it is expected that hauling over the ice road to the LDPI echosounder would operate at a 2 cumulative hours of impact pipe construction site is estimated to frequency of about 210 kHz. driving (4,400 to 3,600 strikes) would continue for 50 to 70 days and conclude Once the slope protection is in place, occur over a 10.5 non-consecutive hour mid-April or earlier depending on road Hilcorp would install the sheet pile wall day. Conductor pipe driving is conditions. The construction would around the perimeter of the island using anticipated to be conducted between continue with a sequence of removing vibratory and, if necessary, impact March and August and take 16 days additional ice and pouring gravel until hammers. Sheet pile driving is total, installing one pipe per day. In the surface size is achieved. anticipated to be conducted between addition, approximately 700 to 1,000 Following gravel placement, slope March and August, during foundation piles may also be installed armoring and protection installation approximately 4 months of the ice- within the interior of the island should would occur. Using island-based covered season and, if necessary, engineering determine they are equipment (e.g., backhoe, bucket- approximately 15 days during the open- necessary for island support. dredge) and divers, Hilcorp would water season. Sheet pile driving The LDPI layout includes areas for create a slope protection profile methods and techniques are expected to staging, drilling, production, utilities, a consisting of an 18.3-m (60-ft)-wide be similar to the installation of sheet camp, a relief well, a helicopter landing bench covered with a linked concrete piles at Northstar during which all pile pad, and two docks to accommodate mat that extends from a sheet pile wall driving was completed during the ice- barges, a hovercraft, and small crew surrounding the island to slightly above covered season. Therefore, Hilcorp boats. It would also have ramps for ice medium lower low water. The linked anticipates most or all sheet pile would road and amphibious vehicle access. An concrete mat requires a high-strength, be installed during ice-covered STP would also be located at the facility yet highly permeable, woven polyester conditions. Hilcorp anticipates driving to treat seawater and then commingle it fabric under layer to contain the gravel up to 20 piles per day to a depth of 7.62 with produced water to be injected into island fill. The filter fabric panels would m (25 ft). A vibratory hammer would be the Liberty Reservoir to maintain be overlapped and tied together side-by- used first, followed by an impact reservoir pressure. Treated seawater side (requiring diving operations) to hammer to ‘‘proof’’ the pile. Hilcorp would be used to create potable water prevent the panels from separating and anticipates each pile needing 100 and utility water for the facility. A exposing the underlying gravel fill. hammer strikes over approximately 2 membrane bioreactor would treat Because the fabric is overlapped and minutes (100 strikes) of impact driving sanitary wastewater, and remaining tied together, no slope protection debris to obtain the final desired depth for sewage solids would be incinerated on would enter the water column should it each sheet pile. To finish installing up the island or stored in enclosed tanks be damaged. Above the fabric under to 20 piles per day, the impact hammer prior to shipment to Deadhorse for layer, a robust geo-grid would be placed would be used a maximum of 40 treatment. as an abrasion guard to prevent damage minutes per day with an anticipated All modules, buildings, and material to the fabric by the linked mat armor. duration of 20 minutes per day. for onsite construction would be The concrete mat system would For vibratory driving, pile penetration trucked to the North Slope via the continue at a 3:1 slope another 26.4 m speed can vary depending on ground Dalton Highway and staged at West (86.5 ft) into the water, terminating at a conditions, but a minimum sheet pile Dock, Endicott SDI, or in Deadhorse. depth of 5.8 m (19 ft). In total, from the penetration speed is 0.5 m (20 in) per Another option is to use ocean-going sheet pile wall, the bench and concrete minute to avoid damage to the pile or barges from Dutch Harbor to transport mat would extend 44.7 m (146.5 ft). hammer (NASSPA 2005). For this materials or modules to the island Island slope protection is required to project, the anticipated duration is during the open-water season. assure the integrity of the gravel island based on a preferred penetration speed Depending on the season, equipment by protecting it from the erosive forces greater than 1 m (40 in) per minute, and material would be transported via of waves, ice ride-up, and currents. A resulting in 7.5 minutes to drive each coastal barges in open water, or ice detailed inspection of the island slope pile. Given the high storm surge and roads from SDI in the winter. The first protection system would be conducted larger waves that are expected to arrive modules would be delivered in the third annually during the open-water season at the LDPI site from the west and quarter of Year 2 to support the to document changes in the condition of northwest, the wall would be higher on installation of living, drilling, and

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29380 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

production facilities. Remaining process offshore), Hilcorp would construct an Station 1 of the TAPS for eventual modules would be delivered to approximately 0.6-ha (1.4-ac) trench to delivery to a refinery. correspond with first oil and the ramp- protect against coastal erosion and ice North Slope Gas Development up in drilling capacity. ride-up associated with onshore sea ice Onsite facility installation would movement and to accommodate the The AOGA request discusses two commence in August of Year 2 and be installation of thermosiphons (heat projects currently submitted for completed by the end of Year 4 (May) pipes that circulate fluid based on approval and permitting that would to accommodate the overall natural convection to maintain or cool transport natural gas from the North construction and production ramp-up ambient ground temperature) along the Slope via pipeline. Only a small fraction schedule. Some facilities that are pipeline. The onshore pipeline would of this project would fall within the 40- required early would be barged in the cross the tundra for almost 2.4 km (1.5 km (25-mi) inland jurisdiction area of third quarter of Year 2 and would be mi) until it intersects the existing this proposed ITR. The two projects are installed and operational by the end of Badami pipeline system. The single wall the Alaska Liquified Natural Gas Project the fourth quarter of Year 2. Other 30.5-cm (12-in) pipeline would rest on (Alaska LNG) and the Alaska Stand modules would be delivered as soon as 150 to 170 VSMs, spaced approximately Alone Pipeline (ASAP). Both of these the ice road from SDI is in place. The 15 m (50 ft) apart to provide the projects are be discussed below and drilling unit and associated equipment pipeline a minimum 2.1-m (7-ft) their effects analyzed in this proposed would be transferred by barge through clearance above the tundra. Hydro- ITR, but only one project could be Dutch Harbor or from West Dock to the testing (pressure testing using sea water) constructed during the 2021–2026 LDPI during the open-water season in of the entire pipeline would be required period. Year 2 using a seagoing barge and ocean to complete pipeline commissioning. Alaska Liquefied Natural Gas Project class tug. The seagoing barge is ∼30.5 m ∼ The final drill rig has yet to be chosen (Alaska LNG) (100 ft) wide and 122 m (400 ft) long, but has been narrowed to 2 options and and the tug is ∼30.5 m (100 ft) long. The Alaska LNG project has been would accommodate drilling of 16 proposed by the Alaska Gasline Although the exact vessels to be used wells. The first option is the use of an are unknown, Crowley lists Ocean class Development Corporation (AGDC) to existing platform-style drilling unit that serve as a single integrated project with tugs at <1,600 gross registered tonnage. Hilcorp owns and operates in the Cook The weight of the seagoing barge is not several facilities designed to liquefy Inlet. Designated as Rig 428, the rig has natural gas. The fields of interest are the known at this time. been used recently and is well suited in Hilcorp would install a pipe-in-pipe Point Thomson Unit (PTU and PBU terms of depth and horsepower rating to subsea pipeline consisting of a 30.5-cm production fields. The Alaska LNG drill the wells at Liberty. A second (12-in)-diameter inner pipe and a 40.6- project would consist of a Gas option that is being investigated is a cm (16-in)-diameter outer pipe to Treatment Plant (GTP); a Point new build drilling unit that would be transport oil from the LDPI to the Thomson Transmission Line (PTTL) to built not only to drill Liberty existing Badami pipeline. Pipeline connect the GTP to the PTU gas construction is planned for the winter development wells but would be more production facility; a Prudhoe Bay after the island is constructed. A portable and more adaptable to other Transmission Line (PBTL) to connect schematic of the pipeline can be found applications on the North Slope. the GTP to the PBU gas production in Figure 2–3 of BOEM’s Final EIS Regardless of drill rig type, the well row facility; a liquefaction facility in available at https://www.boem.gov/ arrangement on the island is designed to southcentral Alaska; and a 1,297-km Hilcorp-Liberty/. The pipeline would accommodate up to 16 wells. While (807-mi)-long, 107-cm (42-in)-diameter extend from the LDPI, across Foggy Hilcorp is proposing a 16-well design, pipeline (called the Mainline) that Island Bay, and terminate onshore at the only 10 wells would be drilled. The six would connect the GTP to the existing Badami Pipeline tie-in location. additional well slots would be available liquefaction facility. Only the GTP, For the marine segment, construction as backups or for potential in-fill PTTL, PBTL, a portion of the Mainline, would progress from shallower water to drilling if needed during the project life. and related ancillary facilities would be deeper water with multiple construction Drilling would be done using a located within the geographic scope of spreads. conventional rotary drilling rig, initially AOGA’s Request. Related components To install the pipeline, a trench powered by diesel, and eventually would require the construction of ice would be excavated using ice-road converted to fuel gas produced from the roads, ice pads, gravel roads, gravel based long-reach excavators with third well. Gas from the third well pads, camps, laydown areas, and pontoon tracks. The pipeline bundle would also replace diesel fuel for the infrastructure to support barge and would be lowered into the trench using grind-and-inject facility and production module offloading. side booms to control its vertical and facilities. A location on the LDPI is Barges would be used to transport horizontal position, and the trench designated for drilling a relief well, if GTP modules at West Dock at Prudhoe would be backfilled by excavators using needed. Bay several times annually, with GTP excavated trench spoils and select Process facilities on the island would modules being offloaded and backfill. Hilcorp intends to place all separate crude oil from produced water transported by land to the proposed material back in the trench slot. All and gas. Gas and water would be GTP facility in the PBU. However, work would be done from ice roads injected into the reservoir to provide deliveries would require deep draft tug using conventional excavation and dirt- pressure support and increase recovery and barges to a newly constructed moving construction equipment. The from the field. A single-phase subsea berthing site at the northeast end of target trench depth is 2.7 to 3.4 m (9 to pipe-in-pipe pipeline would transport West Dock. Additionally, some barges 11 ft) with a proposed maximum depth sales-quality crude from the LDPI to would continue to deliver small of cover of approximately 2.1 m (7 ft). shore, where an aboveground pipeline modules and supplies to Point The pipeline would be approximately 9 would transport crude to the existing Thomson. Related activities include km (5.6 mi) long. Badami pipeline. From there, crude screeding, shallow draft tug use, sea ice At the pipeline landfall (where the would be transported to the Endicott cutting, gravel placement, sea ice road pipeline transitions from onshore to Sales Oil Pipeline, which ties into Pump and sea ice pad development, vibratory

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29381

and impact pile driving, and the use of Lateral). Similar to the Alaska LNG A gravel facility pad would be formed an offshore barge staging area. pipeline, only parts of this project to assist in the construction of the GCF. A temporary bridge (developed from would fall within the geographic scope Access roads would then be developed ballasted barges) would be developed to of this proposed ITR. These relevant to allow crews and heavy equipment to assist in module transportation. Barges project components are the GCF, a install and connect various GCF would be ballasted when the area is ice- portion of the ASAP Mainline, and modules. Gravel would be obtained free and then removed and related ancillary facilities. Construction through digging, blasting, overwintered at West Dock before the would include the installation of transportation, gravel pad placement, sea freezes over. A staging area would supporting facilities and infrastructure, and improvements to other ice and then be used to prepare modules for ice road and pad development, gravel gravel roads. transportation, maintenance, and gravel road and pad development, camp The construction of the Mainline road development. Installation of ramps establishment, laydown area pipeline would require the construction and fortification would utilize vibratory establishment, and additional of ice pads, ice roads, and gravel roads and impact pile driving. Seabed infrastructure to support barge and along with the use of chain trenchers, preparations and level surface module offloading. crane booms, backhoes, and other heavy preparations (i.e., ice cutting, ice road Barges would be used to transport the equipment. Block valves would be development, gravel placement, GCF modules to West Dock in Prudhoe installed above ground along the length screeding) would take place as needed. Bay and would be offloaded and of the Mainline. After installation, crews Breasting/mooring dolphins would be transported by ground to the proposed would work on land and streambank installed at the breach point via pile facility site within the PBU. Module and restoration, revegetation, hydrostatic driving to anchor and stabilize the supply deliveries would utilize deep testing, pipeline security, and ballasted barges. draft tugs and barges to access an monitoring efforts. A gravel pad would be developed to existing berthing location on the Pikka Unit assist construction of the GTP, adjacent northeast side of West Dock called DH3. camps, and other relevant facilities Maintenance on DH3 would be required The Pikka Development (formally where work crews utilize heavy to accommodate the delivery of larger known as the Nanshuk Project) is equipment and machinery to assemble, loads and would consist of located approximately 83.7 km (52 mi) install, and connect the GTP modules. infrastructure reinforcement and west of Deadhorse and 11.3 km (7 mi) To assist, gravel mining would use elevation increases on one of the berths. northeast of Nuiqsut. Oil Search Alaska digging and blasting, and gravel would In the winter, a navigational channel operates leases held jointly between the be placed to create pads and develop or and turn basin would be dredged to a State of Alaska and ASRC located improve ice and gravel roads. depth of 2.7 m (9 ft). Dredged material southeast of the East Channel of the Several types of development and would be disposed of on ground-fast ice Colville River. Pikka is located further construction would be required at found in 0.6012;1.2 m (2012;4 ft) deep southwest from the existing Oooguruk different stages of the project. The water in Prudhoe Bay. An offshore Development Project, west of the construction of the Mainline would staging area would be developed existing KRU, and east of Alpine and require the use of ice pads, ice roads, approximately 4.8 2012;8 km (32012;5 Alpine’s Satellite Development Projects. gravel roads, chain trenchers, crane mi) from West Dock to allow deep draft Most of the infrastructure is located over booms, backhoes, and other heavy tugs and barges to stage before further 8 km (5 mi) from the coast within the equipment. The installation of the PTTL transportation to DH3 and subsequent Pikka Unit; however, Oil Search Alaska and PBTL would require ice roads, ice offload by shallow draft tugs. Other expects some smaller projects and pads, gravel roads, crane booms, mobile activities include seabed screeding, activities to occur outside the unit to the drills or augers, lifts, and other heavy gravel placement, development of a sea south, east, and at Oliktok Point. equipment. After installation, crews ice road and pads, and pile driving The Pikka Project would include a would work on land and streambank (vibratory and impact) to install total of three drill-sites for restoration, revegetation, hydrostatic infrastructure at West Dock. approximately 150 (production, testing, pipeline security, and A temporary bridge (composed of injectors, underground injection) wells, monitoring efforts. The development of ballasted barges and associated as well as the Nanshuk Processing the ancillary facility would require the infrastructure), paralleling an existing Facility (NPF), the Nanushuk construction of ice roads, ice pads, as weight-limited bridge would be Operations Pad, a tie-in pad (TIP), well as minimal transportation and developed to assist in transporting large various camps, warehouses, facilities on gravel placement. modules off West Dock. Barges would pads, infield pipelines, pipelines for be ballasted when the area is ice-free import and export activities, various Alaska Stand Alone Pipeline (ASAP) and then removed and overwintered at roads (ice, infield, access), a boat ramp, The ASAP is the alternative project West Dock before the sea freezes over. and a portable water system. option that AGDC could utilize, A staging area would be used to prepare Additionally, there are plans to expand allowing North Slope natural gas to be modules for transportation, the Oliktok Dock and to install an STP supplied to Alaskan communities. maintenance, and gravel road adjacent to the already existing ASAP would require several development. The bridge construction infrastructure. A make-up water components, including a Gas would require ramp installation, pipeline would also be installed from Conditioning Facility (GCF) at Prudhoe fortification through impact, and the STP to the TIP. Oil Search Alaska Bay; a 1,180-km (733-mi)-long, 0.9-m vibratory pile driving. Support activities also plans to perform minor upgrades (36-in)-diameter pipeline that would (development of ice roads and pads, and maintenance, as necessary, to the connect the GCF to a tie-in found in gravel roads and pads, ice cutting, existing road systems to facilitate southcentral Alaska (called the seabed screeding) would also take place. transportation of sealift modules from Mainline); and a 48-km (30-m), 0.3-m Breasting/mooring dolphins would be Oliktok Point to the Pikka Unit. (12-in)-diameter lateral pipeline installed at the breach point via pile Oil Search Alaska plans to develop a connecting the Mainline pipeline to driving to anchor and stabilize the pad to station the NPF and all relevant Fairbanks (referred to as the Fairbanks ballasted barges. equipment and operations (i.e., phase

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29382 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

separation; heating and cooling; the 2021–2026 period. Personnel would Gas Hydrate Exploration and Research pumping; gas treatment and be transported to Pikka via commercial The U.S. Geological Survey estimates compression for gas injections; water flights from Deadhorse Airport and by that the North Slope contains over 54 treatment for injection). All oil ground-based vehicle transport. trillion cubic feet of recoverable gas procured, processed, and designated for Currently, there is no plan to develop an assets (Collette et al. 2019). Over the last sale would travel from the NPF to the airstrip at Pikka. Personnel flights are 5 years, Industry has demonstrated a TIP near Kuparuk’s CPF 2 via the Pikka expected to be infrequent to and from growing interest in the potential to Project pipeline that would tie in to the the Pikka Unit; however, Oil Search explore and extract these reserves. Kuparuk Sales Pipeline and would then Alaska expects that some transport Federal funds from the Department of be transported to TAPS. Construction of directly to the Unit may be required. Energy have been provided in the past the pad would allow for additional Several environmental studies to support programs on domestic gas space that could be repurposed for performed via aircraft are expected hydrate exploration, research, and drilling or for operational use during the during the ITR period. Some of these development. Furthermore, the State of development of the Pikka Project. This include AIR surveys, cultural resources, Alaska provides support for gas hydrate pad would contain other facilities stick-picking, and hydrology studies. research and development through the required for project operation and AIR surveys in support of the Pikka Unit development of the Eileen hydrate trend development, including: Metering and would occur annually to locate polar deferred area near Milne Point, with pigging facilities; power generation bear dens. specific leases being offered for gas facilities; a truck fill station; Summer travel would utilize vehicles hydrate research and exploration. construction material staging areas; such as Rolligons and Tuckers to assess As of 2021, a few gas hydrate equipment staging areas; a tank farm pipelines not found adjacent to the exploration and test wells have been (contains diesel, refined fuel, crude oil, gravel roads. During 24-hour sunlight drilled within the Beaufort Sea region. injection water, production chemicals, periods, these vehicles would operate glycol, and methanol storage tanks); and Due to the support the gas hydrate across all hours. Stick-picking and industry has received, AOGA expects a central control room. All major thermistor retrieval would also occur in components required for the continued interest to grow over the the summer. In the winter, ice roads years. As such, AOGA expects that a development of the NPF would be would be constructed across the Unit. constructed off-site and brought in via relatively low but increasing amount of These ice roads would be developed to gas hydrate exploration and research is truck or barge during the summer haul gravel from existing mine sites to season. Barges would deliver and expected throughout the 2021–2026 haul gravel for road and pad period. offload necessary modules at Oliktok construction. Ice roads would also be Dock, which would travel to the NPF constructed to support the installation Environmental Studies site during summer months. Seabed of VSM and pipelines. Off-road winter Per AOGA’s Request, Industry would screeding would occur at Oliktok Point vehicles would be used when the tundra continue to engage in various to maintain water depth for necessary is frozen and covered with snow to environmental studies throughout the barges. provide maintenance and access for Pikka would use gravel roads to the life of the proposed ITR. Such activities inspection. Temporary ice roads and ice Unit, which would allow year-round include: Geological and geotechnical pads would be built to allow for the access from the Dalton Highway. All surveys (i.e., seismic surveys); surveys gravel needed for project activities movement and staging of heavy on geomorphology (soils, ice content, (approximately 112 ha [276 ac]) would equipment, maintenance, and permafrost), archeology and cultural be sourced from several existing gravel construction. Oil Search Alaska would resources; vegetation mapping; analysis mine sites. A majority of gravel perform regular winter travel to support of fish, avian, and mammal species and acquisition and laying would occur operations across the Pikka Unit. their habitats; acoustic monitoring; during the winter season and then be Oil Search Alaska plans to install a hydrology studies; and various other compacted in the summer. All bridge over the Kachemach River (more freshwater, marine, and terrestrial equipment and supplies necessary than 8 km [5 mi] from the coast) and studies of the coastal and offshore would be brought in on existing roads install the STP at Oliktok Point. Both regions within the Arctic. These studies from Anchorage or Fairbanks to projects would require in-water pile typically include various stakeholders, Deadhorse. Supplies and equipment driving, which is expected to take place including consultants and consulting would then be forwarded to the Pikka during the winter seasons. In-water pile companies; other industries; Unit; no aerial transportation for driving (in the winter), placement of government; academia (university- supplies is expected. Regular traffic is gravel fill (open-water period), and level); nonprofits and nongovernmental expected once construction of the roads installation of the STP barge outfall organizations; and local community is completed; Oil Search Alaska expects structure (open-water period) would parties. However, AOGA’s 2021–2026 arterial routes between the processing take place at Oliktok Point. Dredging ITR request requests coverage only for facilities and camps to experience the and screeding activities would prepare environmental studies directly related heaviest use of traffic. Drill-site access the site for STP and module delivery via to Industry activities (e.g., monitoring roads are expected to experience the barge. Annual maintenance screeding studies in response to regulatory least amount of traffic; however, drill- and dredging (expected twice during the requirements). No third-party studies site traffic is expected to increase request period) may be needed to will be covered except by those temporarily during periods of active maintain the site. Dredging spoils would mentioned in this proposed ITR and the drilling, maintenance, or other relevant be transported away, and all work AOGA request. aspects of the project. Standard vehicles would occur during the open-water During the 2021–2026 lifespan of the would include light passenger trucks, season between May and October. proposed ITR, Industry would continue heavy tractor-trailer trucks, heavy Screeding activities are expected to take studies that are conducted for general equipment, and oil rigs. place annually over the course of a 2- monitoring purposes for regulatory and/ Several types of aircraft operations are week period, depending on stability and or permit requirements and for expected expected at the Pikka Unit throughout safety needs. or planned exploration and

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29383

development activities within the Surveys typically occur twice a day A ‘‘putative den’’ is a hotspot with a Beaufort Sea region. Environmental (weather permitting) during periods of distinct heat signature, found within the studies are anticipated to occur during darkness (civil twilight) across the appropriate habitat, and that may the summer season as to avoid overlap North Slope for less than 4.5 hours per continue to be present for several days with any denning polar bears. Activities survey. Surveys are highly dependent as noted by revisits. The area may show may utilize vessels, fixed-wing aircrafts, on the weather as it can affect the image evidence of an animal’s presence that or helicopters to access research sites. quality of the AIR video and the safety may not definitively be attributed to a of the participants. These surveys do not Mitigation Measures non-polar bear species or cause (e.g., a follow a typical transect configuration; fox or other animal digging). The final AOGA has included in their Request instead they are concentrated on areas determination is often unknown as a number of measures to mitigate the that would be suitable for polar bear these sites are not investigated further, effects of the proposed activities on denning activity such as drainages, monitored, or revisited in the spring. Pacific walruses and polar bears. Many banks, bluffs, or other areas of When and if a putative den is found of these measures have been historically topographic relief around sites where near planned or existing infrastructure used by oil and gas entities throughout Industry has winter activities, tundra or activities, the Industry the North Slope of Alaska, and have travel, or ice road construction planned representatives will immediately cease been developed as a part of past or anticipated. As part of the AOGA’s operations within one mile of the coordination with the Service. Measures Request and as described the mitigation location and coordinate with the Service include: Development and adherence to measures included in this proposed ITR, to mitigate any potential disturbances polar bear and Pacific walrus interaction all denning habitat within one mile of while further information is obtained. plans; design of facilities to reduce the the ice-season industrial footprint will possibility of polar bears reaching be surveyed twice each year. In years Evaluation of the Nature and Level of attractants; avoidance of operating were seismic surveys are proposed, all Activities equipment near potential den locations; denning habitat within the boundaries The annual level of activity at existing flying aircraft at a minimum altitude of the seismic surveys will be surveyed production facilities in the Request will and distance from polar bears and three times, and a third survey will be be similar to that which occurred under hauled out Pacific walruses; employing conducted on denning habitat along the the previous regulations. The increase trained protected species observers; and pipeline between Badami and the road the area of the industrial footprint with reporting all polar bear or Pacific walrus to Endicott Island. Greater detail on the the addition of new facilities, such as encounters to the Service. Additional timing of these surveys can be found in drill pads, pipelines, and support descriptions of these measures can be Methods for Modeling the Effects of Den facilities, is at a rate consistent with found in the AOGA Request for an ITR Disturbance. prior 5-year regulatory periods. at: www.regulations.gov in Docket No. A suspected heat signature observed Additional onshore and offshore FWS–R7–ES–2021–0037. in a potential den found via AIR is facilities are projected within the Maternal Polar Bear Den Survey Flights classified into three categories: A timeframe of these regulations and will hotspot, a revisit, or a putative den. The add to the total permanent activities in Per AOGA’s Request, Industry will following designations are discussed the area. This rate of expansion is also conduct aerial infrared (AIR) below. similar to prior production schedules. surveys to locate maternal polar bear A ‘‘hotspot’’ is a warm spot found on dens in order to mitigate potential the AIR camera indicative of a polar Description of Marine Mammals in the impacts to mothers and cubs during the bear den through the examination of the Specified Geographic Region lifetime of this ITR. AIR surveys are size and shape near the middle of the Polar Bear used to detect body heat emitted by snow drift. Signs of wildlife presence polar bears, which, in turn, is used to (e.g., digging, tracks) may be present and Polar bears are distributed throughout determine potential denning polar visible. Suspected dens that are open the ice-covered seas and adjacent coasts bears. AIR surveys are performed in (i.e., not drifted closed by the snow) are of the Arctic region. The current total winter months (December or January) considered hotspots because polar bears polar bear population is estimated at before winter activities commence. AIR may dig multiple test evacuation sites approximately 26,000 individuals (95 imagery is analyzed in real-time during when searching for an appropriate place percent Confidence Interval (CI) = the flight and then reviewed post-flight to den and unused dens will cool down 22,000–31,000, Wiig et al. 2015; Regehr with the Service to identify any and be excluded from consideration. et al. 2016) and comprises 19 stocks suspected maternal den locations, Hotspots are reexamined and either ranging across 5 countries and 4 ensure appropriate coverage, and check eliminated or upgraded to a ‘‘putative ecoregions that reflect the polar bear the quality of the images and recordings. den’’ designation. Industry dependency on sea-ice dynamics and Some sites may need to be resurveyed representatives, in coordination and seasonality (Amstrup et al. 2008). Two if a suspected hotspot (heat signature compliance with the Service, may stocks occur in the United States detectable in a snowdrift) is observed. utilize other methods outside of AIR to (Alaska) with ranges that extend to These followup surveys of hotspots are gather additional information on a adjacent countries: Canada (the conducted in varying weather suspected hotspot. Southern Beaufort Sea stock) and the conditions or using an electro-optical A ‘‘revisit’’ is a designation for a Russia Federation (the Chukchi/Bering camera during daylight hours. On-the- warm spot in a snowdrift but lacking Seas stock). The discussion below is ground reconnaissance or the use of signs of a polar bear den (e.g., tailings focused on the Southern Beaufort Sea scent-training dogs may also be used to pile, signs of animal activity, stock of polar bears, as the proposed recheck the suspected den. appropriate shape or size). These activities in this ITR would overlap only Surveys utilize aerial infrared cameras categorizations are often revisited their distribution. on fixed-wing aircrafts with flights during a subsequent survey, upgraded to Polar bears typically occur at low, typically flown between 245–457 meters a ‘‘hotspot’’ designation, or eliminated uneven densities throughout their (800 to 1,500 feet) above ground level at from further consideration pending the circumpolar range (DeMaster and a speed of <185 km/h (<115 mph). evidence presented. Stirling 1981, Amstrup et al. 2011,

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29384 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Hamilton and Derocher 2019) in areas Polar bears have no natural predators 2.3–2.5 years old (Ramsay and Stirling where the sea is ice-covered for all or (though cannibalism is known to occur; 1986, Arnould and Ramsay 1994, part of the year. They are typically most Stirling et al. 1993, Amstrup et al. Amstrup 2003, Rode 2020). Cubs are abundant on sea-ice, near polynyas (i.e., 2006b). However, their life-history (e.g., born blind, with limited fat reserves, areas of persistent open water) and late maturity, small litter size, and are able to walk only after 60–70 fractures in the ice, and over relatively prolonged breeding interval) is days (Blix and Lentfer 1979; Kenny and shallow continental shelf waters with conducive to low intrinsic population Bickel 2005). If a female leaves a den high marine productivity (Durner et al. growth (i.e., growth in the absence of during early denning, cub mortality is 2004). This sea-ice habitat favors human-caused mortality), which was likely to occur due to a variety of factors foraging for their primary prey, ringed estimated at 6 percent to 7.5 percent for including susceptibility to cold seals (Pusa hispida), and other species the SBS stock during 2004–2006 (Regehr temperatures (Blix and Lentfer 1979, such as bearded seals (Erignathus et al. 2010; Hunter et al. 2010). The Hansson and Thomassen 1983, Van de barbatus) (Thiemann et al. 2008, Cherry lifespan of wild polar bears is Velde 2003), predation (Derocher and et al. 2011, Stirling and Derocher 2012). approximately 25 years (Rode et al. Wiig 1999, Amstrup et al. 2006b), and Although over most of their range polar 2020). Females reach sexual maturity at mobility limitations (Lentfer 1975). bears prefer to remain on the sea-ice 3–6 years old giving birth 1 year later Therefore, it is thought that successful year-round, an increasing proportion of (Ramsay and Stirling 1988). In the SBS denning, birthing, and rearing activities stocks are spending prolonged periods region, females typically give birth at 5 require a relatively undisturbed of time onshore (Rode et al. 2015, years old (Lentfer & Hensel 1980). On environment. A more detailed Atwood et al. 2016b). While time spent average, females in the SBS produce description of the potential on land occurs primarily in late summer litter sizes of 1.9 cubs (SD=0.5; Smith et consequences of disturbance to denning and autumn (Rode et al. 2015, Atwood al. 2007, 2010, 2013; Robinson 2014) at females can be found below in Potential et al. 2016b), they may be found intervals that vary from 1 to 3 or more Effects of Oil and Gas Industry throughout the year in the onshore and years depending on cub survival Activities on Pacific Walrus, Polar Bear, nearshore environments. Polar bear (Ramsay and Stirling 1988) and foraging and Prey Species: Polar Bear: Effects to distribution in coastal habitats is often conditions. For example, when foraging Denning Bears. Radio and satellite influenced by the movement of seasonal conditions are unfavorable, polar bears telemetry studies indicate that denning sea ice (Atwood et al. 2016b, Wilson et may delay reproduction in favor of can occur in multiyear pack ice and on al. 2017) and its direct and indirect survival (Derocher and Stirling 1992; land (Durner et al. 2020). The effects on foraging success and, in the Eberhardt 2002). The determining factor proportion of dens on land has been case of pregnant females, also for growth of polar bear stocks is adult increasing along the Alaska region (34.4 dependent on availability of suitable female survival (Eberhardt 1990). In percent in 1985–1995 to 55.2 percent in denning habitat (Durner et al. 2006, general, rates above 90 percent are 2007–2013; Olson et al. 2017) likely in Rode et al. 2015, Atwood et al. 2016b). essential to sustain polar bear stocks response to reductions in stable old ice, (Amstrup and Durner 1995) given low which is defined as sea ice that has In Alaska during the late summer/fall cub litter survival, which was estimated period (July through November), polar survived at least one summer’s melt at 50 percent (90 percent CI: 33–67 (Bowditch 2002), increases in bears from the Southern Beaufort Sea percent) for the SBS stock during 2001– stock often occur along the coast and unconsolidated ice, and lengthening of 2006 (Regehr et al. 2010). In the SBS, the melt season (Fischbach et al. 2007, barrier islands, which serve as travel the probability that adult females will corridors, resting areas, and to some Olson et al. 2017). If sea-ice extent in survive and produce cubs-of-the-year is the Arctic continues to decrease and the degree, foraging areas. Based on negatively correlated with ice-free Industry observations and coastal amount of unstable ice increases, a periods over the continental shelf greater proportion of polar bears may survey data acquired by the Service (Regehr et al. 2007a). In general, (Wilson et al. 2017), encounter rates seek to den on land (Durner et al. 2006, survival of cubs-of-the-year is positively Fischbach et al. 2007, Olson et al. 2017). between humans and polar bears are related to the weight of the mother and higher during the fall (July to their own weight (Derocher and Stirling In Alaska, maternal polar bear dens November) than in any other season, 1996; Stirling et al. 1999). occur on barrier islands (linear features and an average of 140 polar bears may Females without dependent cubs of low-elevation land adjacent to the occur on shore during any week during typically breed in the spring (Amstrup main coastline that are separated from the period July through November 2003, Stirling et al. 2016). Pregnant the mainland by bodies of water), river between Utqiagvik and the Alaska- females enter maternity dens between bank drainages, and deltas (e.g., those Canada border (Wilson et al. 2017). The October and December (Durner et al. associated with the Colville and length of time bears spend in these 2001; Amstrup 2003), and young are Canning Rivers), much of the North coastal habitats has been linked to sea usually born between early December Slope coastal plain (in particular within ice dynamics (Rode et al. 2015, Atwood and early January (Van de Velde et al. the 1002 Area, i.e., the land designated et al. 2016b). The remains of 2003). Only pregnant females den for an in section 1002 of the Alaska National subsistence-harvested bowhead whales extended period during the winter Interest Lands Conservation Act—part at Cross and Barter islands provide a (Rode et al. 2018). Other polar bears of the Arctic National Wildlife Refuge in readily available food attractant in these may excavate temporary dens to escape northeastern Alaska; Amstrup 1993, areas (Schliebe et al. 2006). However, harsh winter conditions; however, Durner et al. 2006), and coastal bluffs the contribution of bowhead carcasses shelter denning is rare for Alaskan polar that occur at the interface of mainland to the diet of Southern Beaufort Sea bear stocks (Olson et al. 2017). and marine habitat (Durner et al. 2006, (SBS) polar bears varies annually (e.g., Typically, SBS females denning on 2013, 2020; Blank 2013; Wilson and estimated as 11–26 percent and 0–14 land, emerge from the den with their Durner 2020). These types of terrestrial percent in 2003 and 2004, respectively) cubs around mid-March (median habitat are also designated as critical and by sex, likely depending on carcass emergence: March 11, Rode et al. 2018, habitat for the polar bear under the and seal availability as well as ice USGS 2018), and commonly begin Endangered Species Act (75 FR 76086, conditions (Bentzen et al. 2007). weaning when cubs are approximately December 7, 2010). Management and

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29385

conservation concerns for the SBS and designated critical habitat. Polar bear The most recent population estimates Chukchi/Bering Seas (CS) polar bear critical habitat units include barrier for the Alaska SBS stock were produced stocks include sea-ice loss due to island habitat, sea-ice habitat (both by the U.S. Geological Survey (USGS) in climate change, human-bear conflict, oil described in geographic terms), and 2020 (Atwood et al. 2020) and are based and gas industry activity, oil spills and terrestrial denning habitat (a functional on mark-recapture and collared bear contaminants, marine shipping, disease, determination). Barrier island habitat data collected from the SBS stock from and the potential for overharvest includes coastal barrier islands and 2001 to 2016. The SBS stock declined (Regehr et al. 2017; U.S. Fish and spits along Alaska’s coast; it is used for from 2003 to 2006 (this was also Wildlife Service 2016). Notably, denning, refuge from human reported by Bromaghin et al. 2015) but reductions in physical condition, disturbance, access to maternal dens stabilized from 2006 through 2015. The growth, and survival of polar bears have and feeding habitat, and travel along the stock may have increased in size from been associated with declines in sea-ice coast. Sea-ice habitat is located over the 2009 to 2012; however, low survival in (Rode et al. 2014, Bromaghin et al. 2015, continental shelf and includes water 2013 appears to have offset those gains. Regehr et al. 2007, Lunn et al. 2016). 300 m (∼984 ft) or less in depth. Atwood et al. (2020) provide estimates The attrition of summer Arctic sea-ice is Terrestrial denning habitat includes for the portion of the SBS stock only expected to remain a primary threat to lands within 32 km (∼20 mi) of the within the State of Alaska; however, polar bear populations (Amstrup et al. northern coast of Alaska between the their updated abundance estimate from 2008, Stirling and Derocher 2012), since Canadian border and the Kavik River 2015 is consistent with the estimate projections indicate continued climate and within 8 km (∼5 mi) between the from Bromaghin et al. (2015) for 2010. warming at least through the end of this Kavik River and Utqiag˙vik. The total Thus, the number of bears in the SBS century (Atwood et al. 2016a, IPCC area designated under the ESA as stock is thought to have remained 2014) (see section on Climate Change for critical habitat covers approximately constant since the Bromaghin et al. further details). 484,734 km2 (∼187,157 mi2) and is (2015) estimate of 907 bears. This In 2008, the Service listed polar bears entirely within the lands and waters of number is also supported by survival as threatened under the Endangered the United States. Polar bear critical rate estimates provided by Atwood et al. Species Act of 1973, as amended (16 habitat is described in detail in the final (2020) that were relatively high in 2001– U.S.C. 1531 et seq.; ESA) due to the loss rule that designated polar bear critical 2003, decreased during 2004–2008, then of sea-ice habitat caused by climate habitat (75 FR 76086, December 7, improved in 2009, and remained high change (73 FR 28212, May 15, 2008). 2010). A digital copy of the final critical until 2015, except for much lower rates The Service later published a final rule habitat rule is available at: http:// in 2012. under section 4(d) of the ESA for the www.fws.gov/r7/fisheries/mmm/ Pacific Walrus polar bear, which was vacated and then polarbear/pdf/federal_register_ Pacific walruses constitute a single reinstated when procedural notice.pdf. requirements were satisfied (78 FR panmictic population (Beatty et al. 11766, February 20, 2013). This section Stock Size and Range 2020) primarily inhabiting the shallow 4(d) rule provides for measures that are continental shelf waters of the Bering In Alaska, polar bears have necessary and advisable for the and Chukchi Seas where their historically been observed as far south conservation of polar bears. Specifically, distribution is largely influenced by the in the Bering Sea as St. Matthew Island the 4(d) rule: (a) Adopts the extent of the seasonal pack ice and prey conservation regulatory requirements of and the Pribilof Islands (Ray 1971). A densities (Lingqvist et al. 2009; Berta the MMPA and the Convention on detailed description of the SBS polar and Churchill 2012; USFWS 2017). International Trade in Endangered bear stock can be found in the draft From April to June, most of the Species of Wild Fauna and Flora revised Polar Bear (Ursus maritimus) population migrates from the Bering Sea (CITES) for the polar bear as the Stock Assessment Reports published in through the Bering Strait and into the appropriate regulatory provisions, in the Federal Register on June 22, 2017 Chukchi Sea along lead systems that most instances; (b) provides that (82 FR 28526). Digital copies of these develop in the sea-ice and that, are incidental, nonlethal take of polar bears draft revised Stock Assessment Reports closely associated with the edge of the resulting from activities outside the are available at: https://www.fws.gov/r7/ seasonal pack ice during the open-water bear’s current range is not prohibited fisheries/mmm/polarbear/pdf/ season (Truhkin and Simokon 2018). By under the ESA; (c) clarifies that the Southern%20Beaufort%20 July, tens of thousands of animals can special rule does not alter the section 7 Sea%20Draft%20SAR%20%20 be found along the edge of the pack ice consultation requirements of the ESA; for%20public%20comment.pdf And from Russian waters to areas west of and (d) applies the standard ESA https://www.fws.gov/r7/fisheries/mmm/ Point Barrow, Alaska (Fay 1982; Gilbert _ protections for threatened species when polarbear/pdf/Chukchi et al. 1992; Belikov et al. 1996; USFWS an activity is not covered by an MMPA Bering%20Sea%20 2017). The pack ice has historically or CITES authorization or exemption. Draft%20SAR%20for%20public advanced rapidly southward in late fall, The Service designated critical habitat %20comment.pdf. and most walruses return to the Bering for polar bear populations in the United Southern Beaufort Sea Stock Sea by mid- to late-November. During States effective January 6, 2011 (75 FR the winter breeding season, walruses are 76086, December 7, 2010). The The SBS polar bear stock is shared found in three concentration areas in designation of critical habitat identifies between Canada and Alaska. Radio- the Bering Sea where open leads, geographic areas that contain features telemetry data, combined with ear tag polynyas, or thin ice occur (Fay 1982; that are essential for the conservation of returns from harvested bears, suggest Fay et al. 1984, Garlich-Miller et al. a threatened or endangered species and that the SBS stock occupies a region 2011a; Duffy-Anderson et al. 2019). that may require special management or with a western boundary near Icy Cape, While the specific location of these protection. Under section 7 of the ESA, Alaska (Scharf et al. 2019), and an groups varies annually and seasonally if there is a Federal action, the Service eastern boundary near Tuktoyaktuk, depending upon the extent of the sea- will analyze the potential impacts of the Northwest Territories, Canada (Durner ice, generally one group occurs near the action upon polar bears and any et al. 2018). Gulf of Anadyr, another south of St.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29386 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Lawrence Island, and a third in the to have a significant influence on the the United States and Russia conducted southeastern Bering Sea south of ecology of the Bering and Chukchi Seas another joint aerial survey in the pack Nunivak Island into northwestern by disturbing the sea floor, thereby ice of the Bering Sea using thermal Bristol Bay (Fay 1982; Mymrin et al. releasing nutrients into the water imaging systems to more accurately 1990; Garlich-Miller et al. 2011 USFWS column that provide food for scavenger count walruses hauled out on sea-ice 2017). organisms and contributing to the and applied satellite transmitters to Although most walruses remain either diversity of the benthic community account for walruses in the water in the Chukchi (for adult females and (Oliver et al. 1983; Klaus et al. 1990; (Speckman et al. 2011). In 2013, the dependent young) or Bering (for adult Ray et al. 2006). In addition to feeding Service began a genetic mark-recapture males) Seas throughout the summer on benthic invertebrates, native hunters study to estimate population size. An months, a few occasionally range into have also reported incidences of initial analysis of data from 2013–2015 the Beaufort Sea in late summer walruses preying on seals, fish, and led to the most recent estimate of (Mymrin et al. 1990; Garlich-Miller and other vertebrates (Fay 1982; Sheffield 283,213 Pacific walruses with a 95% Jay 2000; USFWS 2017). Industry and Grebmeier 2009; Seymour et al. credible interval of 93,000 to 478,975 monitoring reports have observed no 2014). individuals (Beatty 2017). Although this more than 38 walruses in the Beaufort Walruses are social and gregarious is the most recent estimate of Pacific Sea ITR region geographic between 1995 animals that often travel and haul-out walrus population size, it should be and 2015, with only a few instances of onto ice or land in groups where they used with caution as it is preliminary. disturbance to those walruses (AES spend approximately 20–30 percent of Taylor and Udevitz (2015) used data Alaska 2015, Kalxdorff and Bridges their time out of the water (Gilbert 1999; from five aerial surveys and with ship- 2003, USFWS unpubl. data). The USGS Kastelien 2002; Jefferson et al. 2008; based age and sex composition counts and the Alaska Department of Fish and Monson et al. 2013; USFWS 2017). that occurred in 1981–1984, 1998, and Game (ADF&G) have fitted between 30– Hauled-out walruses tend to be in close 1999 (Citta et al. 2014) in a Bayesian 60 walruses with satellite transmitters physical contact, with groups ranging integrated population model to estimate each year during spring and summer from a few animals up to 10s of population trends and vital rates in the since 2008 and 2013 respectively. In thousands of individuals—the largest period 1975–2006. They recalculated 2014, a female tagged by ADF&G spent aggregations occurring at land haul-outs the 1975–1990 aerial survey estimates about 3 weeks in Harrison Bay, Beaufort (Gilbert 1999; Monson et al. 2013; based on a lognormal distribution for Sea (ADF&G 2014). The USGS tracking MacCracken 2017). In recent years, the inclusion in their model. Their results data indicates that at least one tagged barrier islands north of Point Lay, generally agreed with the large-scale walrus ventured into the Beaufort Sea Alaska, have held large aggregations of ¥ population trends identified by Citta et for brief periods in all years except walruses (20,000 40,000) in late al. (2014) but with slightly different 2011. Most of these movements extend summer and fall (Monson et al. 2013; population estimates in some years northeast of Utqiagvik to the continental USFWS 2017). along with more precise confidence shelf edge north of Smith Bay (USGS The size of the walrus population has intervals. Ultimately, Taylor and 2015). All available information never been known with certainty. Based Udevitz (2015) concluded (i) that indicates that few walruses currently on large sustained harvests in the 18th though their model provides improved enter the Beaufort Sea and those that do, and 19th centuries, Fay (1957) clarity on past walrus population trends spend little time there. The Service and speculated that the pre-exploitation and vital rates, it cannot overcome the USGS are conducting multiyear studies population was represented by a large uncertainties in the available on the walrus population to investigate minimum of 200,000 animals. Since that population size data, and (ii) that the movements and habitat use patterns, as time, population size following it is possible that as sea-ice diminishes European contact fluctuated markedly absolute size of the Pacific walrus in the Chukchi Sea beyond the 5-year in response to varying levels of human population will continue to be period of this proposed rule, walrus exploitation. Large-scale commercial speculative until accurate empirical distribution and habitat use may harvests are thought to have reduced the estimation of the population size change. population to 50,000–100,000 animals becomes feasible. Walruses are generally found in in the mid-1950s (Fay et al. 1989). A detailed description of the Pacific waters of 100 m (328 ft) or less where Following the implementation of walrus stock can be found in the Pacific they utilize sea-ice for passive harvest regulations in the 1960s and Walrus (Odobenus rosmarus divergens) transportation and rest over feeding 1970s, which limited the take of Species Status Assessment (USFWS areas, avoid predators, and birth and females, the population increased 2017). A digital copy of the Species nurse their young (Fay 1982; Ray et al. rapidly and likely reached or exceeded Status Assessment is available at: 2006; Rosen 2020). The diet of walruses the food-based carrying capacity of the https://ecos.fws.gov/ServCat/ consists primarily of benthic region by 1980 (Fay et al. 1989, Fay et DownloadFile/ invertebrates, most notably mollusks al. 1997, Garlich-Miller et al. 2006, 132114?Reference=86869. (Class Bivalvia) and marine worms MacCracken et al. 2014). Polar bears are known to prey on (Class Polychaeta) (Fay 1982; Fay 1985; Between 1975 and 1990, aerial walruses, particularly calves, and killer Bowen and Siniff 1999; Born et al. 2003; surveys conducted jointly by the United whales (Orcinus orca) have been known Dehn et al. 2007; Sheffield and States and Russia at 5-year intervals to take all age classes of walruses (Frost Grebmeier 2009; Maniscalco et al. produced population estimates ranging et al. 1992, Melnikov and Zagrebin 2020). When foraging, walruses are from about 200,000 to 255,000 2005; Rode et al. 2014; Truhkin and capable of diving to great depths with individuals with large confidence Simokon 2018). Predation rates are most dives lasting between 5 and 10 intervals (Fay 1957; Fay 1982; unknown but are thought to be highest minutes with a 1–2-minute surface Speckman et al. 2011). Efforts to survey near terrestrial haul-out sites where interval (Fay 1982; Bowen and Siniff the walrus population were suspended large aggregations of walruses can be 1999; Born et al. 2003; Dehn et al. 2007; by both countries after 1990 following found, however, few observations exist Sheffield and Grebmeier 2009). The problems with survey methods that of predation upon walruses further foraging activity of walruses is thought severely limited their utility. In 2006, offshore.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29387

Walruses have been hunted by coastal thickness of Arctic sea-ice cover have melts during the summer, polar bears in Alaska Natives and native people of the occurred over the past 40 years (Meier the PBDE may either stay on land Chukotka, Russian Federation, for et al. 2014, Frey et al. 2015). Stroeve et throughout the summer or move with thousands of years (Fay et al. 1989). al. (2012) estimated that, since 1979, the the sea ice as it recedes northward Exploitation of the walrus population by minimum area of fall Arctic sea-ice (Durner et al. 2009). The SBS stock, and Europeans has also occurred in varying declined by over 12 percent per decade to a lesser extent the Chukchi Sea stock, degrees since the arrival of exploratory through 2010. Record low minimum are increasingly utilizing marginal expeditions (Fay et al. 1989). areas of fall Arctic sea-ice extent were habitat (i.e., land and ice over less Commercial harvest of walruses ceased recorded in 2002, 2005, 2007, and 2012. productive waters) (Ware et al. 2017). in the United States in 1941, and sport Further, observations of sea-ice in the Polar bear use of Beaufort Sea coastal hunting ceased in 1972 with the passage Beaufort Sea have shown a trend since areas has increased during the fall open- of the MMPA and ceased in 1990 in 2004 of sea-ice break-up earlier in the water period (June through October). Russia. Presently, walrus hunting in year, reformation of sea-ice later in the Specifically, the percentage of radio- Alaska is restricted to subsistence use year, and a greater proportion of first- collared adult females from the SBS by Alaska Natives. Harvest mortality year ice in the ice cover (Galley et al . stock utilizing terrestrial habitats has during 2000–2018 for both the United 2016). The overall trend of decline of tripled over 15 years, and SBS polar States and Russian Federation averaged Arctic sea-ice is expected to continue bears arrive onshore earlier, stay longer, 3,207 (SE = 194) walruses per year. This for the foreseeable future (Stroeve et al. and leave to the sea ice later (Atwood mortality estimate includes corrections 2007, Amstrup et al. 2008, Hunter et al. et al. 2016b). This change in polar bear for under-reported harvest and struck 2010, Overland and Wang 2013, 73 FR and lost animals. Harvests have been 28212, May 15, 2008, IPCC 2014). distribution and habitat use has been declining by about 3 percent per year Decline in Arctic sea ice affects Arctic correlated with diminished sea ice and since 2000 and were exceptionally low species through habitat loss and altered the increased distance of the pack ice in the United States in 2012–2014. trophic interactions. These factors may from the coast during the open-water Resource managers in Russia have contribute to population distribution period (i.e., the less sea ice and the concluded that the population has changes, population mixing, and farther from shore the leading edge of declined and have reduced harvest pathogen transmission (Post et al. 2013), the pack ice is, the more bears are quotas in recent years accordingly which further impact population health. observed onshore) (Schliebe et al. 2006; (Kochnev 2004; Kochnev 2005; Kochnev For polar bears, sea-ice habitat loss Atwood et al. 2016b). 2010; pers. comm.; Litovka 2015, pers. due to climate change has been The current trend for sea-ice in the comm.) based in part on the lower identified as the primary cause of SBS region will result in increased abundance estimate generated from the conservation concern (e.g., Stirling and distances between the ice edge and 2006 survey. Total harvest quotas in Derocher 2012, Atwood et al. 2016b, land, likely resulting in more bears Russia were further decreased in 2020 to USFWS 2016). A 42 percent loss of coming ashore during the open-water 1,088 walruses (Ministry of Agriculture optimal summer polar bear habitat period (Schliebe et al. 2008). More polar of the Russian Federation Order of throughout the Arctic is projected for bears on land for a longer period of time March 23, 2020). the decade of 2045–2054 (Durner et al. may increase both the frequency and the Intra-specific trauma at coastal haul- 2009). A recent global assessment of the magnitude of polar bear exposure to outs is also a known source of injury vulnerability of the 19 polar bear stocks human activities, including an increase and mortality (Garlich-Miller et al. to future climate warming ranked the in human–bear interactions (Towns et 2011). The risk of stampede-related SBS as one of the three most vulnerable al. 2009, Schliebe et al. 2008, Atwood injuries increases with the number of stocks (Hamilton and Derocher 2019). et al. 2016b). Polar bears spending more animals hauled out and with the The study, which examined factors such time in terrestrial habitats also increases duration spent on coastal haulouts, with as the size of the stock, continental shelf their risk of exposure to novel calves and young being the most area, ice conditions, and prey diversity, pathogens that are expanding north as a vulnerable to suffer injuries and/or attributed the high vulnerability of the result of a warmer Arctic (Atwood et al. mortality (USFWS 2017). However, SBS stock primarily to deterioration of 2016b, 2017). Heightened immune management and protection programs in ice conditions. The SBS polar bear stock system activity and more infections both the United States and the Russian occurs within the Polar Basin Divergent Federation have been somewhat Ecoregion (PBDE), which is (indicated by elevated number of white successful in reducing disturbances and characterized by extensive sea-ice blood cells) have been reported for the large mortality events at coastal haul- formation during the winters and the SBS polar bears that summer on land outs (USFWS 2015). sea ice melting and pulling away from when compared to those on sea ice the coast during the summers (Amstrup (Atwood et al. 2017; Whiteman et al. Climate Change et al. 2008). Projections show that polar 2019). The elevation in immune system Global climate change will impact the bear stocks within the PBDE may be activity represents additional energetic future of both Pacific walrus and polar extirpated within the next 45–75 years costs that could ultimately impact stock bear populations. As atmospheric at current rates of sea-ice declines and individual fitness (Atwood et al. greenhouse gas concentrations increase (Amstrup et al. 2007, Amstrup et al. 2017; Whiteman et al. 2019). Prevalence so will global temperatures 2008). Atwood et al. (2016) also of parasites such as the nematode (Pierrehumbert 2011; IPCC 2014) with predicted that polar bear stocks within Trichinella nativa in many Artic substantial implications for the Arctic the PBDE will be more likely to greatly species, including polar bears, pre-dates environment and its inhabitants (Bellard decrease in abundance and distribution the recent global warming. However, et al. 2012, Scheffers et al. 2016, as early as the 2020–2030 decade parasite prevalence could increase as a Harwood et al. 2001, Nunez et al. 2019). primarily as a result of sea-ice habitat result of changes in diet (e.g., increased The Arctic has warmed at twice the loss. reliance on conspecific scavenging) and global rate (IPCC 2014), and long-term Sea-ice habitat loss affects the feeding habits (e.g., increased data sets show that substantial distribution and habitat use patterns of consumption of seal muscle) associated reductions in both the extent and the SBS polar bear stock. When sea ice with climate-induced reduction of

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29388 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

hunting opportunities for polar bears competition for suitable denning habitat females to hunt on sea-ice (Hamilton et (Penk et al. 2020, Wilson et al. 2017). on land may increase due to sea-ice al. 2017). While polar bears are The continued decline in sea-ice is decline (Fischbach et al. 2007) and land- opportunistic and hunt other species, also projected to reduce connectivity based dens may be more vulnerable to their reliance on ringed seals is among polar bear stocks and potentially disturbance from human activities prevalent across their range (Thiemann lead to the impoverishment of genetic (Linnell et al. 2000). et al. 2007, 2008; Florko et al. 2020; diversity that is key to maintaining Polar bear reproductive success may Rode et al. 2021). Male and female polar viable, resilient wildlife populations also be impacted by declines in sea ice bears exhibit differences in prey (Derocher et al. 2004, Cherry et al. 2013, through an extended fasting season consumption. Females typically Kutchera et al. 2016). The circumpolar (Molna´r et al. 2020). By 2100, consume more ringed seals compared to polar bear population has been divided recruitment is predicted to become males, which is likely related to more into six genetic clusters: The Western jeopardized in nearly all polar bear limited hunting opportunities for Polar Basin (which includes the SBS stocks if greenhouse gas emissions females (e.g., prey size constraints) and CS stocks), the Eastern Polar Basin, remain uncurbed (RCP8.5 (McKinney et al. 2017, Bourque et al. the Western and Eastern Canadian [Representative Concentration Pathway 2020). Female body condition has been Archipelago, and Norwegian Bay 8.5] scenario) as fasting thresholds are positively correlated with consumption (Malenfant et al. 2016). There is increasingly exceeded due to declines in of ringed seals, but negatively correlated moderate genetic structure among these sea-ice across the Arctic circumpolar with the consumption of bearded seals clusters, suggesting polar bears broadly range (Molna´r et al. 2020). As the fasting (Florko et al. 2020). Consequently, remain in the same cluster when season increases, most of these 12 females are more prone to decreased breeding. While there is currently no stocks, including in the SBS, are foraging and reproductive success than evidence for strong directional gene expected to first experience significant males during years in which flow among the clusters (Malenfant et adverse effects on cub recruitment unfavorable sea-ice conditions limit al. 2016), migrants are not uncommon followed by effects on adult male polar bears’ access to ringed seals and can contribute to gene flow across survival and lastly on adult female (Florko et al. 2020). clusters (Kutschera et al. 2016). survival (Molna´r et al. 2020). Without In the SBS stock, adult female and Changing sea-ice conditions will make mitigation of greenhouse gas emissions juvenile polar bear consumption of these cross-cluster migrations (and the and assuming optimistic polar bear ringed seals was negatively correlated resulting gene flow) more difficult in the responses (e.g., reduced movement to with winter Arctic oscillation, which future (Kutschera et al. 2016). conserve energy), cub recruitment in the affects sea-ice conditions. This trend Additionally, habitat loss from SBS stock has possibly been already was not observed for male polar bears. decreased sea-ice extent may impact adversely impacted since the late 1980s Instead, male polar bears consumed polar bear reproductive success by while detrimental impacts on male and more bowhead whale as a result of reducing or altering suitable denning female survival are forecasted to scavenging the carcasses of subsistence- habitat and extending the polar bear possibly occur in the late 2030s and harvested bowhead whales during years fasting season (Rode et al. 2018, Stirling 2040s, respectively. with a longer ice-free period over the and Derocher 2012, Molna´r et al. 2020). Extended fasting seasons are continental shelf. It is possible that In the early 1990s, approximately 50 associated with poor body condition these alterations in sea-ice conditions percent of the annual maternal dens of (Stirling and Derocher 2012), and a may limit female polar bears’ access to the SBS polar bear stock occurred on female’s body condition at den entry is ringed seals, and male polar bears may land (Amstrup and Gardner 1994). a critical factor that determines whether rely more heavily on alternative onshore Along the Alaskan region the proportion the female will produce cubs and the food resources in the southern Beaufort of terrestrial dens increased from 34.4 cubs’ chance of survival during their Sea region (McKinney et al. 2017). percent in 1985–1995 to 55.2 percent in first year (Rode et al. 2018). Changes in the availability and 2007–2013 (Olson et al. 2017). Polar Additionally, extended fasting seasons distribution of seals may influence polar bears require a stable substrate for will cause polar bears to depend more bear foraging efficiency. Reduction in denning. As sea-ice conditions heavily on their lipid reserves for sea ice is expected to render polar bear deteriorate and become less stable, sea- energy, which can release lipid-soluble foraging energetically more demanding, ice dens can become vulnerable to contaminants, such as persistent organic as moving through fragmented sea ice erosion from storm surges (Fischbach et pollutants and mercury, into the and open-water swimming require more al. 2007). Under favorable autumn bloodstream and organ tissues. The energy than walking across consolidated snowfall conditions, SBS females increased levels of contaminants in the sea ice (Cherry et al. 2009, Pagano et al. denning on land had higher blood and tissues can affect polar bear 2012, Rode et al. 2014, Durner et al. reproductive success than SBS females health and body condition, which has 2017). Inefficient foraging can denning on sea-ice. Factors that may implications for reproductive success contribute to nutritional stress and poor influence the higher reproductive and survival (Jenssen et al. 2015). body condition, which can have success of females with land-based dens Changes in sea-ice can impact polar implications for reproductive success include longer denning periods that bears by altering trophic interactions. and survival (Regehr et al. 2010). allow cubs more time to develop, higher Differences in sea-ice dynamics such as The decline in Arctic sea ice is snowfall conditions that strengthen den the timing of ice formation and breakup, associated with the SBS polar bear stock integrity throughout the denning period as well as changes in sea-ice type and spending more time in terrestrial (Rode et al. 2018), and increased concentration may impact the habitats (Schliebe et al. 2008). Recent foraging opportunities on land (e.g., distribution of polar bears and/or their changes in female denning habitat and scavenging on Bowhead whale prey’s occurrence and reduce polar extended fasting seasons as a result of carcasses) (Atwood et al. 2016b). While bears’ access to prey. A climate-induced sea-ice decline may affect the SBS polar bear females denning on land reduction in overlap between female reproductive success of the SBS polar may experience increased reproductive polar bears and ringed seals was bear stock (Rode et al. 2018; Stirling and success, at least under favorable detected after a sudden sea-ice decline Derocher 2012; Molna´r et al. 2020). snowfall conditions, it is possible that in Norway that limited the ability of Other relevant factors that could

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29389

negatively affect the SBS polar bear Potential Effects of the Specified Walrus harvest from Nuiqsut and stock include changes in prey Activities on Subsistence Uses Kaktovik is opportunistic. They have reported taking four walruses since availability, reduced genetic diversity Polar Bear through limited population connectivity 1993. None of the walrus harvests for and/or hybridization with other bear Based on subsistence harvest reports, Utqiagvik, Nuiqsut, or Kaktovik from species, increased exposure to disease polar bear hunting is less prevalent in 2014 to 2020 occurred within the and parasite prevalence and/or communities on the north coast of Beaufort Sea ITR region. Alaska than it is in west coast dissemination, impacts of human communities. There are no quotas under Evaluation of Effects of the Specified activities (oil and gas exploration/ the MMPA for Alaska Native polar bear Activities on Subsistence Uses extraction, shipping, harvesting, etc.) harvest in the Southern Beaufort Sea; There are three primary Alaska Native and pollution (Post et al. 2013; however, there is a Native-to-Native communities on the Beaufort Sea whose Hamilton and Derocher 2019). Based on agreement between the Inuvialuit in residents rely on Pacific walruses and the projections of sea-ice decline in the Canada and the Inupiat in Alaska. This polar bears for subsistence use: Beaufort Sea region and demonstrated agreement, the Inuvialuit-Inupiat Polar Utqiagvik, Nuiqsut, and Kaktovik. impacts on SBS polar bear utilization of Bear Management Agreement, Utqiagvik and Kaktovik are expected to sea-ice and terrestrial habitats, the established quotas and be less affected by the Industry’s Service anticipates that polar bear use of recommendations concerning protection proposed activities than Nuiqsut. the Beaufort Sea coast will continue to of denning females, family groups, and Nuiqsut is located within 5 mi of increase during the open-water season. methods of take. Although this ConocoPhillips’ Alpine production field For walruses, climate change may Agreement is voluntary in the United to the north and ConocoPhillips’ Alpine affect habitat and prey availability. The States and does not have the force of Satellite development field to the west. law, legally enforceable quotas are However, Nuiqsut hunters typically loss of Arctic sea ice has affected walrus administered in Canada. In Canada, harvest polar bears from Cross Island distribution and habitat use in the users are subject to provincial during the annual fall bowhead Bering and Chukchi Seas (Jay et al. regulations consistent with the whaling. Cross Island is approximately 2012). Walruses use sea ice as a Agreement. Commissioners for the 16 km (∼10 mi) offshore from the coast breeding site, a location to birth and Agreement set the original quota at 76 of Prudhoe Bay. We have received no nurse young, and a protective cover bears in 1988, split evenly between the evidence or reports that bears are from storms and predation, however, if Inuvialuit in Canada and the Inupiat in altering their habitat use patterns, the sea ice retreats north of the the United States. In July 2010, the avoiding certain areas, or being affected continental shelf break in the Chukchi quota was reduced to 70 bears per year. in other ways by the existing level of oil Sea, walruses can no longer use it for Subsequently, in Canada, the boundary and gas activity near communities or these purposes. Thus, loss of sea ice is of the SBS stock with the neighboring traditional hunting areas that would associated with increased use of coastal Northern Beaufort Sea stock was diminish their availability for haul-outs during the summer, fall, and adjusted through polar bear subsistence use. However, as is early winter (Jay et al. 2012). Coastal management bylaws in the Inuvialuit discussed in Evaluation of Effects of haul-outs are potentially dangerous for Settlement Region in 2013, affecting Specified Activities on Pacific Walruses, walruses, as they can stampede toward Canadian quotas and harvest levels from Polar Bears, and Prey Species below, the the water when disturbed, resulting in the SBS stock. The current subsistence Service has found some evidence of injuries and mortalities (Garlich-Miller harvest established under the fewer maternal polar bear dens near et al. 2011). Use of land haul-outs is also Agreement of 56 bears total (35 in the industrial infrastructure than expected. Changes in Industry activity locations more energetically costly, with walruses United States and 21 in Canada) reflect may trigger community concerns hauled out on land spending more time this change. The Alaska Native subsistence harvest regarding the effect on subsistence uses. in water but not foraging than those of polar bears from the SBS population Industry must remain proactive to hauled out on sea ice. This difference has declined. From 1990 to 1999, an address potential impacts on the has been attributed to an increase in average of 42 bears were taken annually. subsistence uses by affected travel time in the water from land haul- The average subsistence harvest communities through consultations and, outs to foraging areas (Jay et al. 2017). decreased to 21 bears annually from where warranted, POCs. Evidence of Higher walrus abundance at these 2000–2010 and 11 bears annually from communication with the public about coastal haul-outs may also increase 2015–2020. The reason for the decline proposed activities will be required as exposure to environmentally and of harvested polar bears from the SBS part of a LOA. Current methods of density-dependent pathogens (Post et al. population is unknown. Alaska Native communication are variable and include 2013). Climate change impacts through subsistence hunters and harvest reports venues such as public forums, which habitat loss and changes in prey have not indicated a lack of opportunity allow communities to express feedback availability could affect walrus to hunt polar bears or disruption by prior to the initiation of operations, the population stability. It is unknown if Industry activity. employ of subsistence liaisons, and presentations to regional commissions. walruses will utilize the Beaufort Sea Pacific Walrus more heavily in the future due to If community subsistence use concerns climate change effects; however, Few walruses are harvested in the arise from new activities, appropriate considering the low number of walruses Beaufort Sea along the northern coast of mitigation measures, such as cessation observed in the Beaufort Sea (see Take Alaska since their primary range is in of activities in key locations during the Bering and Chukchi Seas. Walruses Estimates for Pacific Walruses and Polar hunting seasons, are available and will constitute a small portion of the total Bears), it appears that walruses will be applied as a part of the POC. marine mammal harvest for the village No unmitigable concerns from the remain uncommon in the Beaufort Sea of Utqiagvik. Hunters from Utqiagvik potentially affected communities for the next 5 years. have harvested 407 walruses since the regarding the availability of walruses or year 2000 with 65 harvested since 2015. polar bears for subsistence uses have

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29390 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

been identified through Industry structures during the open-water period maintenance, repair and remediation consultations with the potentially than other times of the year. Bears that activities, operations at production affected communities of Utqiagvik, remain on the multiyear pack ice are not facilities, gas flaring, and drilling Kaktovik, or Nuiqsut. During the 2016– typically present in the ice-free areas operations. Mobile sources include 2021 ITR period, Industry groups have where vessel traffic occurs, as barges aircraft traffic, geotechnical surveys, ice communicated with Native and vessels associated with Industry road construction, vehicle traffic, communities and subsistence hunters activities travel in open water and avoid tracked vehicles, and snowmobiles. through subsistence representatives, large ice floes. The potential behavioral reaction of On land, the majority of Industry’s community liaisons, and village polar bears to the proposed activities bear observations occur within 2 km outreach teams as well as participation can vary by activity type. Camp odors (1.2 mi) of the coastline. Industry in community and commission may attract polar bears, potentially facilities within the offshore and coastal meetings. Based on information resulting in human-bear encounters, areas are more likely to be approached gathered from these sources, it appears unintentional harassment, intentional by polar bears and may act as physical that subsistence hunting opportunities hazing, or possible lethal take in defense barriers to movements of polar bears. As for walruses and polar bears have not of human life (see 50 CFR 18.34 for bears encounter these facilities, the been affected by past Industry activities further guidance on passive polar bear chances for human-bear interactions conducted pursuant to the 2016–2021 deterrence measures). Noise generated Beaufort ITR, and are not likely to be increase. The Endicott and West Dock causeways, as well as the facilities on the ground by industrial activity may affected by the proposed activities cause a behavioral (e.g., escape described in this proposed ITR. Given supporting them, have the potential to act as barriers to movements of polar response) or physiologic (e.g., increased the similarity between the nature and heart rate, hormonal response) (Harms extent of Industry activities covered by bears because they extend continuously from the coastline to the offshore et al. 1997; Tempel and Gutierrez 2003) the prior Beaufort Sea ITR and those response. The available studies of polar specified in AOGA’s pending Request, facility. However, polar bears have frequently been observed crossing bear behavior indicate that the intensity and the continued requirement for of polar bear reaction to noise Industry to consult and coordinate with existing roads and causeways. Offshore production facilities, such as Northstar, disturbance may be based on previous Alaska Native communities and interactions, sex, age, and maternal representative subsistence hunting and Spy Island, and Oooguruk, have frequently been approached by polar status (Anderson and Aars 2008; Dyck co-management organizations (and and Baydack 2004). develop a POC if necessary), we do not bears but appear to present only a small- anticipate that the activities specified in scale, local obstruction to the bears’ Polar Bear: Effects of Aircraft AOGA’s pending Request will have any movement. Of greater concern is the Overflights unmitigable effects on the availability of increased potential for human-polar Pacific walruses or polar bears for bear interaction at these facilities. Bears on the surface experience subsistence uses. Encounters are more likely to occur increased noise and visual stimuli when during the fall at facilities on or near the planes or helicopters fly above them, Potential Effects of the Specified coast. Polar bear interaction plans, both of which may elicit a biologically Activities on Pacific Walruses, Polar training, and monitoring required by significant behavioral response. Sound Bears, and Prey Species past ITRs have proven effective at frequencies produced by aircraft will Industry activities can affect reducing human-polar bear encounters likely fall within the hearing range of individual walruses and polar bears in and the risks to bears and humans when polar bears (see Nachtigall et al. 2007) numerous ways. Below, we provide a encounters occur. Polar bear interaction and will thus be audible to animals summary of the documented and plans detail the policies and procedures during flyovers or when operating in potential effects of oil and gas industrial that Industry facilities and personnel proximity to polar bears. Polar bears activities on both polar bears and will implement to avoid attracting and likely have acute hearing with previous walruses. The effects analyzed included interacting with polar bears as well as sensitivities demonstrated between 1.4– harassment, lethal take, and exposure to minimizing impacts to the bears. 22.5 kHz (tests were limited to 22.5 kHz; oil spills. Interaction plans also detail how to Nachtigall et al. 2007). This range, respond to the presence of polar bears, which is wider than that seen in Polar Bear: Human-Polar Bear the chain of command and humans, supports the idea that polar Encounters communication, and required training bears may experience temporary (called Oil and gas industry activities may for personnel. Industry uses technology temporary threshold shift, or TTS) or affect individual polar bears in to aid in detecting polar bears including permanent (called permanent threshold numerous ways during the open-water bear monitors, closed-circuit television, shift, or PTS) hearing impairment if they and ice-covered seasons. Polar bears are video cameras, thermal cameras, radar are exposed to high-energy sound. typically distributed in offshore areas devices, and motion-detection systems. While species-specific TTS and PTS associated with multiyear pack ice from In addition, some companies take steps thresholds have not been established for mid-November to mid-July. From mid- to actively prevent bears from accessing polar bears, thresholds have been July to mid-November, polar bears can facilities by using safety gates and established for the general group ‘‘other be found in large numbers and high fences. marine carnivores’’ which includes both densities on barrier islands, along the The noises, sights, and smells polar bears and walruses (Southall et al. coastline, and in the nearshore waters of produced by the proposed project 2019). Through a series of systematic the Beaufort Sea, particularly on and activities could disturb and elicit modeling procedures and around Barter and Cross Islands. This variable responses from polar bears. extrapolations, Southall et al. (2019) distribution leads to a significantly Noise disturbance can originate from have generated modified noise exposure higher number of human-polar bear either stationary or mobile sources. thresholds for both in-air and encounters on land and at offshore Stationary sources include construction, underwater sound (Table 1).

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29391

TABLE 1—TEMPORARY THRESHOLD SHIFT (TTS) AND PERMANENT THRESHOLD SHIFT (PTS) THRESHOLDS ESTABLISHED BY SOUTHALL et al. (2019) THROUGH MODELING AND EXTRAPOLATION FOR ‘‘OTHER MARINE CARNIVORES,’’ WHICH INCLUDES BOTH POLAR BEARS AND WALRUSES, IN DECIBELS (dB). IMPULSIVE THRESHOLDS ARE PROVIDED FOR SOUND ONSET.

TTS PTS non-impulsive impulsive non-impulsive impulsive

Air ...... 157 dB 146 dB 177 dB 161 dB Water ...... 199 dB 188 dB 219 dB 203 dB

During an FAA test, test aircraft practicable adverse impact to polar by Industry introduce substantial levels produced sound at all frequencies bears by aircraft. of noise into the marine environment. Underwater sound levels from measured (50 Hz to 10 kHz) (Healy Polar Bear: Effects of In-Water Activities 1974; Newman 1979). At frequencies construction along the North Slope have centered at 5 kHz, jets flying at 300 m In-water sources of sound, such as been shown to range from 103 decibels pile driving, screeding, dredging, or (984 ft) produced 1⁄3 octave band noise (dB) at 100 m (328 ft) for auguring to levels of 84 to 124 dB, propeller-driven vessel movement, may disturb polar 143 dB at 100 m (328 ft) for pile driving bears. In the open-water season, aircraft produced 75 to 90 dB, and (Greene et al. 2008) with most of the Industry activities are generally limited helicopters produced 60 to 70 dB energy below 100 Hz. Airborne sound to relatively ice-free, open water. During levels from these activities range from (Richardson et al. 1995). Thus, the this time in the Beaufort Sea, polar bears frequency and level of airborne sounds 65 dB at 100 m (328 ft) for a bulldozer are typically found either on land or on and 81 dB at 100 m (328 ft) for pile typically produced by Industry is the pack ice, which limits the chances driving, with most of the energy for in- unlikely to cause temporary or of the interaction of polar bears with air levels also below 100 Hz (Greene et permanent hearing damage unless offshore Industry activities. Though al. 2008). Therefore, in-water activities marine mammals are very close to the polar bears have been observed in open are not anticipated to result in sound source. Although temporary or water miles from the ice edge or ice temporary or permanent damage to permanent hearing damage is not floes, the encounters are relatively rare polar bear hearing. anticipated, impacts from aircraft (although the frequency of such In 2012, during the open-water overflights have the potential to elicit observations may increase due to sea ice season, Shell vessels encountered a few biologically significant behavioral change). However, if bears come in polar bears swimming in ice-free water responses from polar bears. contact with Industry operations in more than 70 mi (112.6 km) offshore in Observations of polar bears during fall open water, the effects of such the Chukchi Sea. In those instances, the coastal surveys, which flew at much encounters likely include no more than bears were observed to either swim lower altitudes than typical Industry short-term behavioral disturbance. away from or approach the Shell flights (see Estimating Take Rates of While polar bears swim in and hunt vessels. Sometimes a polar bear would Aircraft Activities), indicate that the from open water, they spend less time swim around a stationary vessel before reactions of non-denning polar bears is in the water than most marine leaving. In at least one instance a polar typically varied but limited to short- mammals. Stirling (1974) reported that bear approached, touched, and term changes in behavior ranging from polar bears observed near Devon Island investigated a stationary vessel from the no reaction to running away. Bears during late July and early August spent water before swimming away. associated with dens have been shown 4.1 percent of their time swimming and Polar bears are more likely to be an additional 0.7 percent engaged in to increase vigilance, initiate rapid affected by on-ice or in-ice Industry aquatic stalking of prey. More recently, movement, and even abandon dens activities versus open-water activities. application of tags equipped with time- when exposed to low-flying aircraft (see From 2009 through 2014, there were a depth recorders indicate that aquatic Effects to Denning Bears for further few Industry observation reports of activity of polar bears is greater than discussion). Aircraft activities can polar bears during on-ice activities. was previously thought. In a study Those observations were primarily of impact bears over all seasons; however, published by Lone et al. (2018), 75 bears moving through an area during during the summer and fall seasons, percent of polar bears swam daily winter seismic surveys on near-shore aircraft have the potential to disturb during open-water months, with ice. The disturbance to bears moving both individuals and congregations of animals spending 9.4 percent of their across the surface is frequently minimal, polar bears. These onshore bears spend time in July in the water. Both coastal- short-term, and temporary due to the most of their time resting and limiting and pack-ice-dwelling animals were mobility of such projects and limited to their movements on land. Exposure to tagged, and there were no significant small-scale alterations to bear aircraft traffic is expected to result in differences in the time spent in the movements. changes in behavior, such as going from water by animals in the two different resting to walking or running and habitat types. While polar bears Polar Bear: Effects to Denning Bears therefore, has the potential to be typically swim with their ears above Known polar bear dens in the energetically costly. Mitigation water, Lone et al. (2018) found polar Beaufort Sea ITR region, whether measures, such as minimum flight bears in this study that were fitted with discovered opportunistically or as a elevations over polar bears and habitat depth recorders (n=6) spent result of planned surveys such as areas of concern as well as flight approximately 24 percent of their time tracking marked bears or den detection restrictions around known polar bear in the water with their head underwater. surveys, are monitored by the Service. aggregations when safe, are included in The pile driving, screeding, dredging, However, these known denning sites are this proposed ITR to achieve least and other in-water activities proposed only a small percentage of the total

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29392 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

active polar bear dens for the SBS stock researchers in autumn. Although resulted in significantly lighter female, in any given year. Each year, Industry capture is a severe form of disturbance but not male, cubs in spring. Swenson coordinates with the Service to conduct atypical of events likely to occur during et al. (1997) found that pregnant female surveys to determine the location of oil and gas activities, responses to grizzly bears (U. arctos horribilis) that Industry’s activities relative to known capture can inform our understanding of abandoned excavated dens pre-birth lost dens and denning habitat. Under past how polar bears respond to substantial cubs at a rate 10 times higher (60%) ITRs Industry activities have been levels of disturbance. Ramsay and than bears that did not abandon dens required to avoid known polar bear dens Stirling (1986) reported that 10 of 13 (6%). by 1.6 km (1 mi). However, occasionally pregnant females that were captured Although disturbances during the den an unknown den may be encountered and collared at dens in October or establishment period can result in during Industry activities. When a November abandoned their existing pregnant females abandoning a den site previously unknown den is discovered dens. Within 1–2 days after their and/or incurring energetic or in proximity to Industry activity, the release, these bears moved a median reproductive costs, fitness consequences Service implements mitigation measures distance of 24.5 km and excavated new are relatively small during this period such as the 1.6-km (1-mi) activity maternal dens. The remaining three compared to after the birth of cubs exclusion zone around the den and 24- polar bears reentered their initial dens because females are often able to hour monitoring of the site. or different dens <2 km from their identify and excavate new sites within The responses of denning bears to initial den soon after being released. the temporal period that den disturbance and the consequences of Amstrup (1993, 2003) documented a establishment occurs under undisturbed these responses can vary throughout the similar response in Alaska and reported conditions (Amstrup 1993; Lunn et al. denning process. Consequently, we 5 of 12 polar bears abandoned den sites 2004). Consequently, prior to giving divide the denning period into four and subsequently denned elsewhere birth, disturbances are unlikely to result stages when considering impacts of following disturbance during autumn, in injury or a reduction in the disturbance: Den establishment, early with the remaining 7 bears remaining at probability of survival of a pregnant denning, late denning, and post- their original den site. female or her cubs. However, responses emergence. The observed high rate of den by polar bears to anthropogenic abandonment during autumn capture activities can lead to the disruption of Den Establishment events suggests that polar bears have a biologically-important behaviors The den establishment period begins low tolerance threshold for intense associated with denning. in autumn near the time of implantation disturbance during den initiation and Early Denning when pregnant females begin scouting are willing to expend energy to avoid for, excavating, and occupying a den. further disturbance. Energy The second denning period we The timing of den establishment is expenditures during den establishment identified, early denning, begins with likely governed by a variety of are not replenished because female the birth of cubs and ends 60 days after environmental factors, including ursids do not eat or drink during birth. Polar bear cubs are altricial and snowfall events (Zedrosser et al. 2006; denning and instead rely solely on are among the most undeveloped Evans et al. 2016; Pigeon et al. 2016), stored body fat (Nelson et al.1983; placental mammals at birth (Ramsay accumulation of snowpack (Amstrup Spady et al. 2007). Consequently, and Dunbrack 1986). Newborn polar and Gardner 1994; Durner et al. 2003, because female body condition during bears weigh ∼0.6 kg, are blind, and have 2006), temperature (Rode et al. 2018), denning affects the size and subsequent limited fat reserves and fur, which and timing of sea ice freeze-up (Webster survival of cubs at emergence from the provides little thermoregulatory value et al. 2014). Spatial and temporal den (Derocher and Stirling 1996; (Blix and Lentfer 1979; Kenny and variation in these factors may explain Robbins et al. 2012), disturbances that Bickel 2005). Roughly 2 weeks after variability in the timing of den cause additional energy expenditures in birth, their ability to thermoregulate establishment, which occurs between fall could have latent effects on cubs in begins to improve as they grow longer October and December in the SBS stock the spring. guard hairs and an undercoat (Kenny (Durner et al. 2001; Amstrup 2003). The available published research does and Bickel 2005). Cubs first open their Rode et al. (2018) estimated November not conclusively demonstrate the extent eyes at approximately 35 days after birth 15 as the mean date of den entry for to which capture or den abandonment (Kenny and Bickel 2005) and achieve bears in the SBS stock. during den initiation is consequential sufficient musculoskeletal development The den establishment period ends for survival and reproduction. Ramsay to walk at 60–70 days (Kenny and with the birth of cubs in early to mid- and Stirling (1986) reported that Bickel 2005), but movements may still winter (Ramsay and Stirling 1988) after captures (also known as handling) of be clumsy at this time (Harington 1968). a gestation period that is likely similar females did not significantly affect At approximately 2 months of age, their to the ∼60-day period documented for numbers and mean weights of cubs, but capacity for thermoregulation may brown bears (Tsubota et al. 1987). Curry the overall mean litter size and weights facilitate survival outside of the den and et al. (2015) found the mean and median of cubs born to previously handled is the minimum time required for cubs birth dates for captive polar bears in the mothers consistently tended to be to be able to survive outside of the den. Northern Hemisphere were both slightly lower than those of mothers not However, further development inside November 29. Similarly, Messier et al. previously handled. Amstrup (1993) the den greatly enhances the probability (1994) estimated that most births had found no significant effect of handling of survival (Amstrup 1993, Amstrup and occurred by December 15 in the on cub weight, litter size, or survival. Gardner 1994, Smith et al. 2007, Rode Canadian Arctic Archipelago based on Similarly, Seal et al. (1970) reported no et al. 2018). Cubs typically weigh 10–12 activity levels recorded by sensors on loss of pregnancy among captive ursids kg upon emergence from the den in the females in maternity dens. following repeated chemical spring at approximately 3.5 months old Much of what is known of the effects immobilization and handling. However, (Harington 1968, L

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29393

denning period. Currently, we are not and SBS stocks (Rode et al. 2018b). The the ability of cubs to travel (Ovsyanikov aware of any studies directly authors reported that all females that 1998), thereby increasing the chances documenting birth dates of polar bear denned through the end of March had for cub abandonment (Haroldson et al. cubs in the wild; however, several ≥ one cub when re-sighted ≤100 days 2002) or susceptibility to predation studies have estimated parturition based after den emergence. Conversely, (Derocher and Wiig 1999, Amstrup et al. on indirect metrics. Van de Velde et al. roughly half of the females that emerged 2006b). (2003) evaluated historic records of from dens before the end of February Considerable variation exists in the bears legally harvested in dens. Their did not have cubs when resighted ≤100 duration of time that bears spend at findings suggest that cubs were born days after emergence, suggesting that dens post-emergence, and the between early December and early later den emergence likely results in a relationship between the duration and January. Additionally, Messier et al. greater likelihood of cub survival (Rode cub survival has not been formally (1994) found that the activity levels of et al. 2018b). Rode et al. (2018b) do note evaluated. However, a maternal female radio-collared females dropped several factors that could affect their should be highly motivated to return to significantly in mid-December, leading findings; for example, it was not always the sea ice to begin hunting and the authors to conclude that a majority known whether a female emerged from replenish her energy stores to support of births occurred before or around 15 a den with cubs (i.e., cubs died before lactation, thus, time spent at the den site December. Because cub age is not re-sighting during the spring surveys). post emergence likely confers some empirically known, we consider early Although the potential responses of fitness benefit to cubs. A disturbance denning to end on 13 February, which bears to disturbance events (e.g., that leads the family group to depart the is 60 days after the estimated average emerging from dens early, abandoning den site early during this period birth date of 15 December. dens, physiological changes) during therefore is likely to lead to a non- Although disturbance to denning early and late denning are the same, serious Level A take for the cubs and a bears can be costly at any stage in the consequences to cubs differ based on Level B take for the adult female. denning process, consequences in early their developmental progress. In Walrus: Human-Walrus Encounters denning can be especially high because contrast to emergences during early of the vulnerability of cubs early in their denning, which are likely to result in Walruses do not inhabit the Beaufort development (Elowe and Dodge 1989, cub mortality, emergences during late Sea frequently and the likelihood of Amstrup and Gardner 1994, Rode et al. denning do not necessarily result in cub encountering walruses during Industry 2018). If a female leaves a den during mortality because cubs potentially can operations is low and limited to the early denning, cub mortality is likely to survive outside the den after reaching open-water season. During the time occur due to a variety of factors approximately 60 days of age. However, period of this proposed ITR, Industry including susceptibility to cold because survival increases with time operations may occasionally encounter temperatures (Blix and Lentfer 1979, spent in the den during late denning, small groups of walruses swimming in Hansson and Thomassen 1983, Van de disturbances that contribute to an early open water or hauled out onto ice floes Velde 2003), predation (Derocher and emergence during late denning are or along the coast. Industry monitoring Wiig 1999, Amstrup et al. 2006b), and likely to increase the probability of cub data have reported 38 walruses between mobility limitations (Lentfer 1975). mortality, thus leading to a serious 1995 and 2015, with only a few Thus we can expect a high probability injury Level A take. Similar to the early instances of disturbance to those that cubs will suffer lethal take if they denning period, this form of disturbance walruses (AES Alaska 2015, USFWS emerge early during this stage. Further, would also likely lead to Level B take unpublished data). From 2009 through adult females that depart the den site for adult females. 2014, no interactions between walrus during early denning are likely to and Industry were reported in the Post-Emergence experience physiological stresses such Beaufort Sea ITR region. We have no as increased heart rate (Craighead et al. The post-emergence period begins at evidence of any physical effects or 1976, Laske et al. 2011) or increased den emergence and ends when bears impacts to individual walruses due to body temperature (Reynolds et al. 1986) leave the den site and depart for the sea Industry activity in the Beaufort Sea. that can result in significant energy ice, which can occur up to 30 days after However, in the Chukchi Sea, where expenditures (Karprovich et al. 2009, emergence (Harington 1968, Jonkel et al. walruses are more prevent, Level B Geiser 2013, Evans et al. 2016) thus 1972, Kolenoski and Prevett 1980, harassment is known to sometimes likely resulting in Level B take. Hansson and Thomassen 1983, occur during encounters with Industry. Ovsyanikov 1998, Robinson 2014). Thus, if walruses are encountered Late Denning During the post-emergence period, bears during the activities proposed in this The third denning period, late spend time in and out of the den where ITR, the interaction it could potentially denning, begins when cubs are ≥60 days they acclimate to surface conditions and result in disturbance. old and ends at den emergence in the engage in a variety of activities, Human encounters with walruses spring, which coincides with increases including grooming, nursing, walking, could occur during Industry activities, in prey availability (Rode et al. 2018b). playing, resting, standing, digging, and although such encounters would be rare In the SBS, March 15th is the median foraging on vegetation (Harington 1968; due to the limited distribution of estimated emergence date for land- Jonkel et al. 1972; Hansson and walruses in the Beaufort Sea. These denning bears (Rode et al. 2018b). Thomassen 1983; Ovsyanikov 1998; encounters may occur within certain During late denning, cubs develop the Smith et al. 2007, 2013). While mothers cohorts of the population, such as calves ability to travel more efficiently and outside the den spend most of their time or animals under stress. In 2004, a become less susceptible to heat loss, resting, cubs tend to be more active, suspected orphaned calf hauled-out on which enhances their ability to survive which likely increases strength and the armor of Northstar Island numerous after leaving the den (Rode et al. 2018b). locomotion (Harington 1968, Lentfer times over a 48-hour period, causing For example, date of den emergence was and Hensel 1980, Hansson and Industry to cease certain activities and identified as the most important Thomassen 1983, Robinson 2014). alter work patterns before it disappeared variable influencing cub survival in a Disturbances that elicit an early in stormy seas. Additionally, a walrus study of marked polar bears in the CS departure from the den site may hinder calf was observed for 15 minutes during

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29394 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

an exploration program 60 ft from the Walrus: Effects of In-Water Activities Effects to Prey Species dock at Cape Simpson in 2006. From Walruses hear sounds both in air and Industry activity has the potential to 2009 through 2020, Industry reported no impact walrus prey, which are primarily similar interactions with walruses. in water. They have been shown to hear from 60 hertz (Hz) to 23 kilohertz (kHz) benthic invertebrates including In the nearshore areas of the Beaufort bivalves, snails, worms, and crustaceans Sea, stationary offshore facilities could in air (Reichmuth et al. 2020). Tests of underwater hearing have shown their (Sheffield and Grebmeier 2009). The produce high levels of noise that have effects of Industry activities on benthic the potential to disturb walruses. These range to be between 1 kHz and 12 kHz with greatest sensitivity at 12 kHz invertebrates would most likely result include Endicott, Hilcorp’s Saltwater from disturbance of seafloor substrate Treatment Plant (located on the West (Kastelein et al. 2002). The underwater hearing abilities of the Pacific walrus from activities such as dredging or Dock Causeway), Oooguruk, and screeding, and if oil was illegally Northstar facilities. The Liberty project have not been studied sufficiently to discharged into the environment. will also have this potential when it develop species-specific criteria for Substrate-borne vibrations associated commences operations. From 2009 preventing harmful exposure. However, with vessel noise and Industry through 2020, there were no reports of sound pressure level thresholds have activities, such as pile driving and walruses hauling out at Industry been developed for members of the drilling, can trigger behavioral and facilities in the Beaufort Sea ITR region. ‘‘other carnivore’’ group of marine physiological responses in bivalves and Previous observations have been mammals (Table 1). crustaceans (Roberts et al. 2016, Tidau reported of walruses hauled out on When walruses are present, and Briffa 2016). In the case of an oil Northstar Island and swimming near the underwater noise from vessel traffic in spill, oil has the potential to impact Saltwater Treatment Plant. In 2007, a the Beaufort Sea may prevent ordinary female and a subadult walrus were benthic invertebrate species in a variety communication between individuals by of ways including, but not limited to, observed hauled-out on the Endicott preventing them from locating one Causeway. The response of walruses to mortality due to smothering or toxicity, another. It may also prevent walruses perturbations in the composition of the disturbance stimuli is highly variable. from using potential habitats in the Anecdotal observations by walrus benthic community, as well as altered Beaufort Sea and may have the potential metabolic and growth rates. hunters and researchers suggest that to impede movement. Vessel traffic will males tend to be more tolerant of Additionally, bivalves and crustaceans likely increase if offshore Industry can bioaccumulate hydrocarbons, which disturbances than females and expands and may increase if warming individuals tend to be more tolerant could increase walrus exposure to these waters and seasonally reduced sea-ice compounds (Engelhardt 1983). than groups. Females with dependent cover alter northern shipping lanes. calves are considered least tolerant of Disturbance from Industry activity and The most likely response of walruses disturbances. In the Chukchi Sea, effects from oil exposure may alter the to acoustic disturbances in open water disturbance events are known to cause availability and distribution of benthic will be for animals to move away from walrus groups to abandon land or ice invertebrate species. An increasing the source of the disturbance. haul-outs and occasionally result in number of studies are examining Displacement from a preferred feeding trampling injuries or cow-calf benthic invertebrate communities and area may reduce foraging success, separations, both of which are food web structure within the Beaufort increase stress levels, and increase potentially fatal. Calves and young Sea (Rand and Logerwell 2011, Divine et energy expenditures. animals at terrestrial haul-outs are al. 2015). The low likelihood of an oil particularly vulnerable to trampling Walrus: Effects of Aircraft Overflights spill large enough to affect walrus prey injuries. However, due to the scarcity of populations (see the section titled Risk walrus haul-outs in the ITR area, the Aircraft overflights may disturb Assessment of Potential Effects Upon most likely potential impacts of walruses. Reactions to aircraft vary with Polar Bears from a Large Oil Spill in the Industry activities include displacement range, aircraft type, and flight pattern as Beaufort Sea) combined with the low from preferred foraging areas, increased well as walrus age, sex, and group size. density of walruses that feed on benthic stress, energy expenditure, interference Adult females, calves, and immature invertebrates in this region during open- with feeding, and masking of walruses tend to be more sensitive to water season indicates that Industry communications. Any impact of aircraft disturbance. Walruses are activities will likely have limited effects Industry presence on walruses is likely particularly sensitive to changes in on walruses through impacted prey to be limited to a few individuals due engine noise and are more likely to species. to their geographic range and seasonal stampede when planes turn or fly low The effects of Industry activity upon distribution. overhead. Researchers conducting aerial polar bear prey, primarily ringed seals The reaction of walruses to vessel surveys for walruses in sea-ice habitats and bearded seals, will be similar to that traffic is dependent upon vessel type, have observed little reaction to fixed- of effects upon walruses and primarily distance, speed, and previous exposure winged aircraft above 457 m (1,500 ft) through noise disturbance or exposure to disturbances. Walruses in the water (USFWS unpubl. data). Although the to an oil spill. Seals respond to vessel appear to be less readily disturbed by intensity of the reaction to noise is noise and potentially other Industry vessels than walruses hauled out on variable, walruses are probably most activities. Some seals exhibited a flush land or ice. Furthermore, barges and susceptible to disturbance by fast- response, entering water when vessels associated with Industry moving and low-flying aircraft (100 m previously hauled out on ice, when activities travel in open water and avoid (328 ft) above ground level) or aircraft noticing an icebreaker vessel that ranged large ice floes or land where walruses that change or alter speed or direction. from 100 m to 800 m away from the seal are likely to be found. In addition, In the Chukchi Sea, there are recent (Lomac-MacNair et al. 2019). This walruses can use a vessel as a haul-out examples of walruses being disturbed by disturbance response in addition to platform. In 2009, during Industry aircraft flying in the vicinity of haul- other behavioral responses could extend activities in the Chukchi Sea, an adult outs. It appears that walruses are more to other Industry vessels and activities, walrus was observed hauled out on the sensitive to disturbance when hauled such as dredging (Todd et al. 2015). stern of a vessel. out on land versus sea-ice. Sounds from Industry activity are

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29395

probably audible to ringed seals and take types are provided for context and result from the activities specified in harbor seals at distances up to background. AOGA’s Request. Nor has Industry approximately 1.5 km in the water and anticipated or requested authorization Lethal Take approximately 5 km in the air for such take in their Request for ITRs. (Blackwell et al. 2004). Disturbance Human activity may result in Level B Harassment from Industry activity may cause seals biologically significant impacts to polar to avoid important habitat areas, such as bears or Pacific walruses. In the most Level B Harassment for nonmilitary pupping lairs or haul-outs, and to serious interactions, human actions can readiness activities means any act of abandon breathing holes near Industry result in mortality of polar bears or pursuit, torment, or annoyance that has activity. However, these disturbances Pacific walruses. We also note that, the potential to disturb a marine appear to have minor, short-term, and while not considered incidental, in mammal or marine mammal stock in the temporary effects (NMFS 2013). situations where there is an imminent wild by causing disruption of behaviors Consumption of oiled seals may threat to human life, polar bears may be or activities, including, but not limited impact polar bears through their killed. Additionally, though not to, migration, breathing, nursing, exposure to oil spills during Industry considered incidental, polar bears have feeding, or sheltering. Changes in activity (see Evaluation of Effects on Oil been accidentally killed during efforts to behavior that disrupt biologically Spills on Pacific Walruses and Polar deter polar bears from a work area for significant behaviors or activities for the Bears). Ingestion of oiled seals would safety and from direct chemical affected animal meet the criteria for take cause polar bears to ingest oil and exposure (81 FR 52276, August 5, 2016). by Level B harassment under the inhale oil fumes, which can cause tissue Incidental lethal take could result from MMPA. Reactions that indicate take by and organ damage for polar bears human activity such as a vehicle Level B harassment of polar bears in (Engelhardt 1983). If polar bear fur were collision or collapse of a den if it were response to human activity include, but to become oiled during ingestion of run over by a vehicle. Unintentional are not limited to, the following: disturbance of a female by human oiled seals, this may lead to • Fleeing (running or swimming away activity during the denning season may thermoregulation issues, increased from a human or a human activity); metabolic activity, and further ingestion cause the female either to abandon her • den prematurely with cubs or abandon Displaying a stress-related behavior of oil during grooming (Engelhardt such as jaw or lip-popping, front leg 1983). Ringed seals that have been her cubs in the den before the cubs can survive on their own. Either scenario stomping, vocalizations, circling, exposed to oil or ingested oiled prey can intense staring, or salivating; accumulate hydrocarbons in their may result in the incidental lethal take of the cubs. Incidental lethal take of • Abandoning or avoiding preferred blubber and liver (Engelhardt 1983). movement corridors such as ice floes, These increased levels of hydrocarbons Pacific walrus could occur if the animal were directly struck by a vessel, or leads, polynyas, a segment of coastline, may affect polar bears even if seals are or barrier islands; not oiled during ingestion. Polar bears trampled by other walruses in a human- • Using a longer or more difficult could be impacted by reduced seal caused stampede. route of travel instead of the intended availability, displacement of seals in Level A Harassment path; response to Industry activity, increased Human activity may result in the • Interrupting breeding, sheltering, or energy demands to hunt for displaced injury of polar bears or Pacific walruses. seals, and increased dependency on feeding; Level A harassment, for nonmilitary • limited alternative prey sources, such as Moving away at a fast pace (adult) readiness activities, is defined as any act and cubs struggling to keep up; scavenging on bowhead whale carcasses of pursuit, torment, or annoyance that harvested during subsistence hunts. If • Ceasing to nurse or rest (cubs); has the potential to injure a marine • seal availability were to decrease, then mammal or marine mammal stock in the Ceasing to rest repeatedly or for a the survival of polar bears may be wild. Take by Level A harassment can prolonged period (adults); • drastically affected (Fahd et al. 2021). be caused by numerous actions such as Loss of hunting opportunity due to However, apart from a large-scale illegal creating an annoyance that separates disturbance of prey; or oil spill, impacts from Industry activity mothers from dependent cub(s)/calves • Any interruption in normal denning on seals are anticipated to be minor and (Amstrup 2003), results in polar bear behavior that does not cause injury, den short-term, and these impacts are mothers leaving the den early (Amstrup abandonment, or early departure of the unlikely to substantially reduce the and Gardner 1994, Rode et al. 2018b), or family group from the den site. availability of seals as a prey source for interrupts the nursing or resting of cubs/ This list is not meant to encompass all polar bears. The risk of large-scale oil calves. For this ITR, we have also possible behaviors; other behavioral spills is discussed in Risk Assessment of distinguished between non-serious and responses may equate to take by Level Potential Effects upon Polar Bears from serious Level A take. Serious Level A B harassment. Relatively minor changes a Large Oil Spill in the Beaufort Sea. take is defined as an injury that is likely in behavior such as increased vigilance Evaluation of Effects of Specified to result in mortality. or a short-term change in direction of Activities on Pacific Walruses, Polar Level A harassment to bears on the travel are not likely to disrupt Bears, and Prey Species surface is extremely rare within the ITR biologically important behavioral region. From 2012 through 2018, one patterns, and the Service does not view Definitions of Incidental Take Under the instance of Level A harassment occurred such minor changes in behavior as Marine Mammal Protection Act within the ITR region associated with resulting in a take by Level B Below we provide definitions of three defense of human life while engaged in harassment. It is also important to note potential types of take of Pacific non-Industry activity. No Level A that depending on the duration, walruses or polar bears. The Service harassment to Pacific walruses has been frequency, or severity of the above- does not anticipate and is not reported in the Beaufort Sea ITR region. described behaviors, such responses authorizing Lethal take or Level A Given this information, the Service does could constitute take by Level A harassment as a part of the proposed not estimate Level A harassment to harassment (e.g., repeatedly disrupting a rule; however, the definitions of these polar bears or Pacific walruses will polar bear versus a single interruption).

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29396 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Evaluation of Take alterations of small numbers of latitude and longitude were not The general approach for quantifying walruses. All walrus encounters within supplied in the initial report, we take in this proposed ITR was as the ITR geographic area in the past 10 georeferenced the encounter using the follows: (1) Determine the number of years have been of solitary walruses or location description and a map of North animals in the project area; (2) assess groups of two. The closest sighting of a Slope infrastructure. the likelihood, nature, and degree of grouping larger than two was outside the ITR area in 2013. The vessel Spatially Partitioning the North Slope exposure of these animals to project- Into ‘‘Coastal’’ and ‘‘Inland’’ Zones relative activities; (3) evaluate these encountered a group of 15 walrus. Thus, while it is highly unlikely that a group animals’ probable responses; and (4) The vast majority of SBS polar bear of walrus will be encountered during calculate how many of these responses encounters along the Alaskan coast the proposed activities, we estimate that constitute take. Our evaluation of take occur along the shore or immediately included quantifying the probability of no more than one group of 15 Pacific walruses will be taken as a result of offshore (Atwood et al. 2015, Wilson et either lethal take or Level A harassment al. 2017). Thus, encounter rates for (potential injury) and quantifying the Level B harassment each year during the proposed ITR period. inland operations should be number of responses that met the significantly lower than those for criteria for Level B harassment Polar Bear: Surface Interactions offshore or coastal operations. To (potential disruption of a biologically Encounter Rate partition the North Slope into ‘‘coastal’’ significant behavioral pattern), factoring and ‘‘inland’’ zones, we calculated the in the degree to which effective The most comprehensive dataset of distance to shore for all encounter mitigation measures that may be applied human-polar bear encounters along the records in the period 2014-2018 in the will reduce the amount or consequences coast of Alaska consists of records of Service’s LOA database using a of take. To better account for differences Industry encounters during activities on shapefile of the coastline and the the North Slope submitted to the in how various aspects of the project dist2Line function found in the R could impact polar bears, we performed Service under existing and previous geosphere package (Hijmans 2019). separate take estimates for Surface-Level ITRs. This database is referred to as the Linked sightings of the same bear(s) Impacts, Aircraft Activities, Impacts to ‘‘LOA database’’ because it aggregates were removed from the analysis, and Denning Bears, and Maritime Activities. data reported by the oil and gas industry individual records were created for each These analyses are described in more to the Service pursuant to the terms and bear encountered. However, because we detail in the subsections below. Once conditions of LOAs issued under each of these categories of take were current and previous incidental take were able to identify and remove only quantified, the next steps were to: (5) regulations (50 CFR part 18, subpart J). repeated sightings that were designated Determine whether the total take will be We have used records in the LOA as linked within the database, it is likely of a small number relative to the size of database in the period 2014–2018, in that some repeated encounters of the the stock; and (6) determine whether the conjunction with bear density same bear remained in our analysis. Of total take will have a negligible impact projections for the entire coastline, to the 1,713 bears encountered from 2014 on the stock, both of which are generate quantitative encounter rates in through 2018, 1,140 (66.5 percent) of the determinations required under the the project area. This five-year period bears were offshore. While these bears MMPA. was used to provide metrics that were encountered offshore, the reflected the most recent patterns of encounters were reported by onshore or Pacific Walrus: All Interactions polar bear habitat use within the island operations (i.e., docks, drilling With the low occurrence of walruses Beaufort Sea ITR region. Each encounter and production islands, or causeways). in the Beaufort Sea and the adoption of record includes the date and time of the We examined the distribution of bears the mitigation measures required by this encounter, a general description of the that were onshore and up to 10 km (6.2 ITR, if finalized, the Service concludes encounter, number of bears mi) inland to determine the distance at that the only anticipated effects from encountered, latitude and longitude, which encounters sharply decreased Industry noise in the Beaufort Sea weather variables, and a take (Figure 2). would be short-term behavioral determination made by the Service. If BILLING CODE 4333–15–P

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29397

Histogram of Onshore Encounters

200-

150-

50-

o- I I I I 0.0 2.5 5.. 0 7.5 Distance to Shore (km)

Figure 2-Distribution of onshore polar bear encounters on the North Slope of Alaska in the period 2014-2018 by distance to shore (km). The decrease in encounters was used to designate a "coastal" zone up to 2.0 km (1.2 mi) from shore and an "inland" zone greater than 2.0 km (1.2 mi) from shore.

The histogram illustrates a steep polar bears spend the winter months on database. Below is a histogram of all decline in human-polar bear encounters the sea ice, leading to few polar bear bear encounters from 2014 through 2018 at 2 km (1.2 mi) from shore. Using this encounters on the shore during this by day of the year (Julian date). Two data, we divided the North Slope into season. Many of the proposed activities clear seasons of polar bear encounters the ‘‘coastal zone,’’ which includes are also seasonal, and only occur either can be seen: An ‘‘open-water season’’ offshore operations and up to 2 km (1.2 in the winter or summer months. In that begins in mid-July and ends in mid- mi) inland, and the ‘‘inland zone,’’ order to develop an accurate estimate of November, and an ‘‘ice season’’ that which includes operations more than 2 the number of polar bear encounters begins in mid-November and ends in km (1.2 mi) inland. that may result from the proposed mid-July. The 200th and 315th days of Dividing the Year Into Seasons activities, we divided the year into the year were used to delineate these As we described in our review of seasons of high bear activity and low seasons when calculating encounter polar bear biology above, the majority of bear activity using the Service’s LOA rates (Figure 3).

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.003 29398 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Histogram of Encounters by Day of Year

40-

30- ..... C ::J 0u 20-

10-

o- I I I 0 100 200 300 Day of Year

Figure 3-Distribution of polar bear encounters in the Southern Beaufort Sea and adjacent North Slope of Alaska in the period 2014-2018 by Julian day of year. Dotted lines delineate the "open" vs. "ice" seasons. Open season begins on the 200th day of the year (July 19th) and ends on the 315th day of the year (November 11 th).

North Slope Encounter Rates Industry encounter records maintained following formula was used to calculate Encounter rates in bears/season/km2 in the Service’s LOA database. The encounter rate (Equation 1): were calculated using a subset of the

Bears Encountered by Season Area Occupied (km2 )

Equation 1

The subset consisted of encounters in projects that proceeded as planned and these values may represent the closest areas that were constantly occupied those that were never completed. distance a bear came to the observer or year-round to prevent artificially Finally, we relied upon the institutional the distance at initial contact. Therefore, inflating the denominator of the knowledge of our staff, who have in some cases, the bear may have been equation and negatively biasing the worked with operators and inspected initially encountered farther than the encounter rate. To identify constantly facilities on the North Slope. To distance recorded. The histogram of occupied North Slope locations, we determine the area around industrial these values shows a drop in the gathered data from a number of sources. facilities in which a polar bear can be distance at which a polar bear is We used past LOA applications to find seen and reported, we queried the encountered at roughly 1.6 km (1 mi) descriptions of projects that occurred USFWS LOA database for records that (Figure 4). anywhere within 2014–2018 and the included the distance to an encountered final LOA reports to determine the polar bear. It is important to note that

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.004 EP01JN21.005 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29399

Distance to polar bears when encountered

20-

15-

1= ::J 0 0 10-

o- I I I I 0 2000 4000 6000 Distance to Bear (m)

Figure 4-Distribution of polar bear encounters on the North Slope of Alaska in the period 2014-2018 by distance to bear (m).

Using this information, we buffered and inland occupancy buffer shapefiles zone. These numbers were then the 24-hour occupancy locations listed were then used to select encounter separated into open-water and ice above by 1.6 km (1 mi) and calculated records that were associated with 24- seasons (Table 2). an overall search area for both the hour occupancy locations, resulting in coastal and inland zones. The coastal the number of bears encountered per

TABLE 2—SUMMARY OF ENCOUNTERS OF POLAR BEARS ON THE NORTH SLOPE OF ALASKA IN THE PERIOD 2014–2018 WITHIN 1.6 KM (1 MI) OF THE 24-HOUR OCCUPANCY LOCATIONS AND SUBSEQUENT ENCOUNTER RATES FOR COAST- AL (a) AND INLAND (b) ZONES

Open-water Year Ice season season encounters encounters

(A) Coastal Zone (Area = 133 km2)

2014 ...... 2 193 2015 ...... 8 49 2016 ...... 4 227 2017 ...... 7 313 2018 ...... 13 205 Average ...... 6.8 197.4

Seasonal Encounter Rate ...... 0.05 bears/km2 1.48 bears/km2

(B) Inland Zone (Area = 267 km2)

2014 ...... 3 3 2015 ...... 0 0 2016 ...... 0 2 2017 ...... 3 0 2018 ...... 0 2 Average ...... 1.2 1.4

Seasonal Encounter Rate ...... 0.004 bears/km2 0.005 bears/km2

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.006 29400 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Harassment Rate either ice or open-water seasons quantile of each probability distribution (p<0.0015). can be interpreted as the upper limit of The Level B harassment rate or the We subsequently estimated the the potential harassment rate supported probability that an encountered bear harassment rate for each season with a by our dataset (i.e., there is a 99 percent will experience either incidental or Bayesian probit regression with season chance that given the data the intentional Level B harassment, was as a fixed effect (Hooten and Hefley harassment rate is lower than this calculated using the 2014-2018 dataset 2019). Model parameters were estimated value). We chose to use 99 percent from the LOA database. A binary using 10,000 iterations of a Markov quantiles of the probability distributions chain Monte Carlo algorithm composed logistic regression of harassment to account for any negative bias that has of Gibbs updates implemented in R (R regressed upon distance to shore was been introduced into the dataset core team 2021, Hooten and Hefley not significant (p = 0.65), supporting the through unobserved harassment or use of a single harassment rate for both 2019). We used Normal (0,1) priors, which are uninformative on the prior variability in the interpretation of polar the coastal and inland zones. However, bear behavioral reactions by multiple a binary logistic regression of predictive scale (Hobbs and Hooten 2015), to generate the distribution of observers. The final harassment rates harassment regressed upon day of the were 0.19 during the open-water season year was significant. This significance open-water and ice-season marginal posterior predictive probabilities of and 0.37 during the ice season (Figure held when encounters were binned into harassment. The upper 99 percent 5).

40

30 £ season UJ c: 20 Q) "'C I :enwarer 10

0.0 0.1 0.2 0.3 0.4 0.5 P( level B I encounter )

Figure 5-Estimated marginal posterior predictive probabilities from the Bayesian probit regression of Level B harassment of polar bears on the North Slope of Alaska in the period 2014-2018. Vertical grey lines correspond to the upper 99% quantiles for each distribution, which were used as the estimates of harassment rates.

BILLING CODE 4333–15–C sex-based differences in the frequencies Similarly, Andersen and Aars (2008) Impact Area of vigilant bouts of polar bears in the found that female polar bears with cubs presence of vehicles on the tundra. (the most conservative group observed) As noted above, we have calculated However, in their summary of polar bear began to walk or run away from encounter rates depending on the behavioral response to ice-breaking approaching snowmobiles at a mean distance from shore and season and take vessels in the Chukchi Sea, Smultea et distance of 1,534 m (0.95 mi). Thus, rates depending on season. To properly al. (2016) found no difference between while future research into the reaction assess the area of potential impact from reactions of males, females with cubs, or of polar bears to anthropogenic the project activities, we must calculate females without cubs. During the disturbance may indicate a different the area affected by project activities to Service’s coastal aerial surveys, 99 zone of potential impact is appropriate, such a degree that harassment is percent of polar bears that responded in the current literature suggests 1.6 km possible. This is sometimes referred to a way that indicated possible Level B (1.0 mi) will likely encompass the as a zone or area of influence. harassment (polar bears that were majority of polar bear harassment Behavioral response rates of polar bears running when detected or began to run events. to disturbances are highly variable, and or swim in response to the aircraft) did Correction Factor data to support the relationship between so within 1.6 km (1 mi), as measured distance to bears and disturbance is from the ninetieth percentile horizontal While the locations that were used to limited. Dyck and Baydack (2004) found detection distance from the flight line. calculate encounter rates are thought to

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.007 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29401

have constant human occupancy, it is area, and all three encompass several in each grid: Oliktok Point in grid 5, possible that bears may be in the industrial facilities. Grid 6 was West Beach in grid 6, and Point vicinity of industrial infrastructure and estimated to account for 25 percent of Thomson’s CP in grid 7. These locations not be noticed by humans. These the weekly bear estimate (35 bears); were determined in earlier analyses to unnoticed bears may also experience however, 25 percent of the bears in grid have constant 24-occupancy; thus, if a Level B harassment. To determine 6 were located on Cross Island. Grids 5 polar bear were within the viewing area whether our calculated encounter rate and 7 were estimated to contain seven of these facilities, it must be reported as should be corrected for unnoticed bears, bears each, weekly. Using raw aerial a condition of each entity’s LOA. we compared our encounter rates to survey data, we calculated the number Polygons of each facility were Wilson et al.’s (2017) weekly average of bears per km of surveyed mainland buffered by 1.6 km (1 mi) to account for polar bear estimates along the northern and number of bears per km of surveyed the industrial viewing area (see above), coast of Alaska and the South Beaufort barrier islands for each Service aerial and then clipped by a 400-m (0.25-mi) Sea. survey from 2010 through 2014 to buffer around the shoreline to account Wilson et al.’s weekly average determine the proportion of bears on for the area in which observers were estimate of polar bears across the coast barrier islands versus the mainland. On able to reliably detect polar bears in the was informed by aerial surveys average, 1.7 percent, 7.2 percent, and 14 Service’s aerial surveys (i.e., the specific conducted by the Service in the period percent of bears were sighted on the area to which the Wilson et al.’s model 2000–2014 and supplemented by daily mainland in grids 5, 6, and 7, predictions applied). Industrial counts of polar bears in three high- respectively. encounters within this area were used to density barrier islands (Cross, Barter, While linked encounter records in the generate the average weekly number of and Cooper Islands). Using a Bayesian LOA database were removed in earlier polar bears from August through hierarchical model, the authors formatting, it is possible that a single October. Finally, we divided these estimated 140 polar bears would be bear may be the focus of multiple numbers by area to generate average along the coastline each week between encounter records, particularly if the weekly bears/km2 and multiplied this the months of August and October. bear moves between facilities operated number by the total coastal Service These estimates were further partitioned by different entities. To minimize aerial survey area. The results are into 10 equally sized grids along the repeated sightings, we designated a summarized in the table below (Table coast. Grids 4–7 overlap the SBS ITR single industrial infrastructure location 3).

TABLE 3—COMPARISON OF POLAR BEAR ENCOUNTERS TO NUMBER OF POLAR BEARS PROJECTED BY WILSON et al. 2017 AT DESIGNATED POINT LOCATIONS ON THE COAST OF THE NORTH SLOPE OF ALASKA

Grid 5 Grid 6 Grid 7

Total coastline viewing area (km2) ...... 34 45 33.4 Industry viewing area (km2) ...... 0.31 0.49 1.0 Proportion of coastline area viewed by point location ...... 0.009 0.011 0.030 Average number of bears encountered August-October at point location ...... 3.2 4.6 28.8 Number of weeks in analysis ...... 13 13 13 Average weekly number of bears reported at point location ...... 0.246 0.354 2.215 Average weekly number of bears projected in grid* ...... 7 26 7 Average weekly number of bears projected for point location ...... 0.064 0.283 0.210

These comparisons show a greater Estimated Harassment TABLE 4—DEFINITIONS OF VARIABLES number of industrial sightings than USED IN TAKE ESTIMATES OF POLAR We estimated Level B harassment would be estimated by the Wilson et al. BEARS ON THE COAST OF THE 2017 model. There are several potential using the spatio-temporally specific encounter rates and temporally specific NORTH SLOPE OF ALASKA—Contin- explanations for higher industrial ued encounters than projected by model take rates derived above in conjunction with AOGA supplied spatially and results. Polar bears may be attracted to Variable Definition industrial infrastructure, the encounters temporally specific data. Table 4 documented may be multiple sightings provides the definition for each variable eci ...... coastal ice season bear-encoun- of the same bear, or specifically for the used in the take formulas. ter rate in bears/season. e ...... inland open-water season bear- Point Thomson location, higher io TABLE 4—DEFINITIONS OF VARIABLES encounter rate in bears/season. numbers of polar bears may be e ...... inland ice season bear-encounter SED IN AKE STIMATES OF OLAR ii travelling past the pad to the Kaktovik U T E P rate in bears/season. EARS ON THE OAST OF THE whale carcass piles. However, because B C ti ...... ice season harassment rate. the number of polar bears estimated NORTH SLOPE OF ALASKA to ...... open-water season harassment within the point locations is lower than rate. the average number of industrial Variable Definition Bt ...... number of estimated Level B har- assment events. sightings, these findings cannot be used Bes ...... bears encountered in an area of BT ...... total bears harassed for activity to create a correction factor for interest for the entire season. type. industrial encounter rate. To date, the ac ...... coastal exposure area. data needed to create such a correction ai ...... inland exposure area. The variables defined above were factor (i.e., spatially explicit polar bear ro ...... occupancy rate. used in a series of formulas to densities across the North Slope) have eco ...... coastal open-water season bear- ultimately estimate the total harassment not been generated. encounter rate in bears/season. from surface-level interactions.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29402 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Encounter rates were originally season. Using the buffer tool in ArcGIS, coastal areas of impact (ac) and inland calculated as bears encountered per we created a spatial file of a 1.6-km (1- areas of impact (ai) for each activity square kilometer per season (see North mi) buffer around all industrial category. We then used spatial files of Slope Encounter Rates above). As a part structures. We binned the structures the coastal and inland zones to of their application, AOGA provided the according to their seasonal occupancy determine the area in coastal verse Service with digital geospatial files that rates by rounding them up into tenths inland zones for each occupancy included the maximum expected human (10 percent, 20 percent, etc.). We percentage. This process was repeated occupancy (i.e., rate of occupancy (ro)) determined impact area of each bin by for each season from open-water 2021 to for each individual structure (e.g., each first calculating the area within the open-water 2026. road, pipeline, well pad, etc.) of their buffers of 100 percent occupancy proposed activities for each month of locations. We then removed the spatial Impact areas were multiplied by the the ITR period. Months were averaged footprint of the 100 percent occupancy appropriate encounter rate to obtain the to create open-water and ice-season buffers from the dataset and calculated number of bears expected to be occupancy rates. For example, the area within the 90 percent encountered in an area of interest per occupancy rates for July 2022, August occupancy buffers. This iterative season (Bes). The equation below 2022, September 2022, October 2022, process continued until we calculated (Equation 3) provides an example of the and November 2022 were averaged to the area within all buffers. The areas of calculation of bears encountered in the calculate the occupancy rate for a given impact were then clipped by coastal and ice season for an area of interest in the structure during the open-water 2022 inland zone shapefiles to determine the coastal zone.

Equation 3

To generate the number of estimated bears in the area of interest per season is occupied, the rate of occupancy, and Level B harassments for each area of by the proportion of the season the area the harassment rate (Equation 4). interest, we multiplied the number of

Equation 4

The estimated harassment values for and Level B harassment occurs. 2008). Behavioral responses due to sight the open-water 2021 and open-water Mitigation measures, such as minimum and sound of the aircraft have both been 2026 seasons were adjusted to account flight altitudes over polar bears and incorporated into this analysis as there for incomplete seasons as the proposed restrictions on sudden changes to was no ability to differentiate between regulations will be effective for only 85 helicopter movements and direction, the two response sources during aircraft and 15 percent of the open-water 2021 will be required if these regulations are survey observations. Aircraft types used and 2026 seasons, respectively. finalized to reduce the likelihood that for surveys during the study included a polar bears are disturbed by aircraft. Aircraft Impact to Surface Bears fixed-wing Aero-Commander from 2000 Once mitigated, such disturbances are to 2004, a R–44 helicopter from 2012 to Polar bears in the project area will expected to have no more than short- 2014, and an A-Star helicopter for a likely be exposed to the visual and term, temporary, and minor impacts on portion of the 2013 surveys. During auditory stimulation associated with individual bears. AOGA’s fixed-wing and helicopter flight surveys, all aircraft flew at an altitude plans; however, these impacts are likely Estimating Harassment Rates of Aircraft of approximately 90 m (295 ft) and at a to be minimal and not long-lasting to Activities speed of 150 to 205 km per hour (km/ surface bears. Flyovers may cause To predict how polar bears will h) or 93 to 127 mi per hour (mi/h). disruptions in the polar bear’s normal respond to fixed-wing and helicopter Reactions indicating possible incidental behavioral patterns, thereby resulting in overflights during North Slope oil and Level B harassment were recorded when incidental Level B harassment. Sudden gas activities, we first examined existing a polar bear was observed running from changes in direction, elevation, and data on the behavioral responses of the aircraft or began to run or swim in movement may also increase the level of polar bears during aircraft surveys response to the aircraft. Of 951 polar noise produced from the helicopter, conducted by the Service and U.S. bears observed during coastal aerial especially at lower altitudes. This Geological Survey (USGS) between surveys, 162 showed these reactions, increased level of noise could disturb August and October during most years indicating that the percentage of Level polar bears in the area to an extent that from 2000 to 2014 (Wilson et al. 2017, B harassments during these low-altitude their behavioral patterns are disrupted Atwood et al. 2015, and Schliebe et al.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.008 EP01JN21.009 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29403

coastal survey flights was as high as 17 probability to compute a point estimate. area based on flight speed. The distance percent. Because the data from the coastal considered the ‘‘landing’’ area is based Detailed data on the behavioral surveys were not systematically on approximately 4.83 km (3 mi) per responses of polar bears to the aircraft collected to study polar bear behavioral 305 m (1,000 ft) of altitude descent and the distance from the aircraft each responses to aircraft, the data likely bias speed. For all flight paths at or polar bear was observed were available the probability of behavioral response exceeding an altitude of 152.4 m (500 for only the flights conducted between low. We, therefore, chose the upper 99th ft), the ‘‘take-off’’ area was marked as 2000 to 2004 (n = 581 bears). The Aero- percentile of the distribution as our 2.41 km (1.5 mi) derived from flight logs Commander 690 was used during this point estimate of the probability of found through FlightAware, which period. The horizontal detection potential harassment. This equated to a suggested that ascent to maximum flight distance from the flight line was harassment rate of 0.23. Because we altitude took approximately half the recorded for all groups of bears were not able to detect an effect of time of the average descent. The detected. To determine if there was an distance, we could not correlate remainder of the flight path that effect of distance on the probability of behavioral responses with profiles of stretches between two air strips was a response indicative of potential Level sound pressure levels for the Aero- considered the ‘‘traveling’’ area. We Commander (the aircraft used to collect B harassment, we modeled the binary then applied the exposure area of 1,610 the survey data). Therefore, we could behavioral response by groups of bears m (1 mi) along the flight paths. The data also not use that relationship to to the aircraft with Bayesian probit used to estimate the probability of Level extrapolate behavioral responses to regression (Hooten and Hefley 2019). B harassments due to aircraft (see sound profiles for takeoffs and landings We restricted the data to those groups section Estimating Harassment Rates of nor sound profiles of other aircraft. observed less than10 km from the Aircraft Activities) suggested 99% of Accordingly, we applied the single aircraft, which is the maximum distance groups of bears were observed within harassment rate to all portions of all at which behavioral responses were 1.6 km of the aircraft. aircraft flight paths. likely to be reliably recorded. In nearly We then differentiated the coastal and all cases when more than one bear was General Approach To Estimating inland zones. The coastal zone was the encountered, every member of the group Harassment for Aircraft Activities area offshore and within 2 km (1.2 mi) exhibited the same response, so we Aircraft information was determined of the coastline (see section Spatially treated the group as the sampling unit, using details provided in AOGA’s Partitioning the North Slope into yielding a sample size of 346 groups. Of Request, including flight paths, flight ‘‘coastal’’ and ‘‘inland’’ zones), and the those, 63 exhibited behavioral take-offs and landings, altitudes, and inland zone was anything greater than 2 responses. Model parameters were aircraft type. More information on the km (1.2 mi) from the coastline. We estimated using 10,000 iterations of a altitudes of future flights can be found calculated the areas in square kilometers Markov chain Monte Carlo algorithm in the Request. If no location or for the exposure area within the coastal composed of Gibbs updates frequency information was provided, zone and the inland zone for all take- implemented in R (R core team 2021, flight paths were approximated based offs, landings, and traveling areas. For Hooten and Hefley 2019). Normal (0,1) on the information provided. Of the flights that involve an inland and a priors, which are uninformative on the flight paths that were described clearly coastal airstrip, we considered landings prior predictive scale (Hobbs and or were addressed through assumptions, to occur at airstrips within the coastal Hooten 2015), were placed on model we marked the approximate flight path zone. Seasonal encounter rates parameters. Distance to bear as well as start and stop points using ArcGIS Pro developed for both the coastal and squared distance (to account for (version 2.4.3), and the paths were inland zones (see section Search Effort possible non-linear decay of probability drawn. For flights traveling between two Buffer) were applied to the appropriate with distance) were included as airstrips, the paths were reviewed and segments of each flight path. covariates. However, the 95 percent duplicated as closely as possible to the Surface encounter rates were credible intervals for the estimated flight logs obtained from calculated based on the number of bears coefficients overlapped zero suggesting www.FlightAware.com (FlightAware), a per season (see section Search Effort no significant effect of distance on polar website that maintains flight logs in the Buffer). To apply these rates to aircraft bears’ behavioral responses. While it is public domain. For flight paths where activities, we needed to calculate a likely that bears do respond differently airstrip information was not available, a proportion of the season in which to aircraft at different distances, the data direct route was assumed. Activities aircraft were flown. However, the available is heavily biased towards very such as pipeline inspections followed a assumption involved in using a seasonal short distances because the coastal route along the pipeline with the proportion is that the area is impacted surveys are designed to observe bears assumption the flight returned along the for an entire day (i.e., for 24 hours). immediately along the coast. We were same route unless a more direct path Therefore, to prevent estimating impacts thus unable to detect any effect of was available. along the flight path over periods of distance. Therefore, to estimate a single Flight paths were broken up into time where aircraft are not present, we rate of harassment, we fit an intercept- segments for landing, take-off, and calculated a proportion of the day the only model and used the distribution of traveling to account for the length of area will be impacted by aircraft the marginal posterior predictive time the aircraft may be impacting an activities for each season (Table 5).

TABLE 5—VARIABLE DEFINITIONS AND CONSTANT VALUES USED IN POLAR BEAR HARASSMENT ESTIMATES FOR WINTER AND SUMMER AIRCRAFT ACTIVITIES ON THE COAST OF THE NORTH SLOPE OF ALASKA

Variable Definition Value

ds days in each season ...... open-water season = 116, ice season = 249 Sp proportion of the season an area of interest is impacted ...... varies by flight. f flight frequency ...... varies by flight.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29404 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

TABLE 5—VARIABLE DEFINITIONS AND CONSTANT VALUES USED IN POLAR BEAR HARASSMENT ESTIMATES FOR WINTER AND SUMMER AIRCRAFT ACTIVITIES ON THE COAST OF THE NORTH SLOPE OF ALASKA—Continued

Variable Definition Value

Dp(LT) proportion of the day landing/take-off areas are impacted by aircraft activi- varies by flight. ties. tLT amount of time an aircraft is impacting landing/take-off areas within a day ... 10 minutes per flight. Dp(TR) proportion of the day traveling areas are impacted by aircraft activities ...... varies by flight. tTR amount of time an aircraft is impacting traveling areas ...... 1.5 minutes per 3.22 km [2 mi] segment per flight. x number of 3.22-km (2-mi) segments within each traveling area ...... varies by flight. Bes bears encountered in an area of interest for the entire season ...... varies by flight. Bi bears impacted by aircraft activities ...... varies by flight. ac coastal exposure area ...... 1,610 m (1 mi). ai inland exposure area ...... 1,610 m (1 mi). 2 eco coastal open-water season bear-encounter rate in bears/season ...... 3.45 bears/km /season. 2 eci coastal ice season bear-encounter rate in bears/season ...... 0.118 bears/km /season. 2 eio inland open-water season bear-encounter rate in bears/season ...... 0.0116 bears/km /season. 2 eii inland ice season bear-encounter rate in bears/season ...... 0.0104 bears/km /season. ta aircraft harassment rate ...... 0.23. Bt number of estimated level B harassments ...... varies by flight.

The number of times each flight path approximate number of weeks and year (f). We then used flight frequency was flown (i.e., flight frequency) was months within the open-water season and number of days per season (ds) to determined from the application. We and the ice season to determine the total calculate the seasonal proportion of used the description combined with the number of flights per season for each flights (Sp; Equation 6).

f s-­p - ds

Equation 6

After we determined the seasonal estimated the amount of time an aircraft period (1,440 minutes). This determined proportion of flights, we estimated the would be present within the landing or the proportion of the day in which a amount of time an aircraft would be take-off zone would be tLT = 10 minutes. landing/take-off area is impacted by an impacting the landing/take-off areas We then calculated how many minutes aircraft for each season (Dp(LT); Equation within a day (tLT). Assuming an aircraft within a day an aircraft would be 7). is not landing at the same time another impacting an area and divided by the is taking off from the same airstrip, we number of minutes within a 24-hour

Equation 7

To estimate the amount of time an slower flights at lower altitudes, such as travel area in a day and divided by the aircraft would be impacting the travel summer cleanup activities and number of minutes in a 24-hour period. areas (tTR), we calculated the minimum determined it would take approximately This calculation determined the amount of time it would take for an 1.5 minutes. We then determined how proportion of the day in which an aircraft to travel the maximum exposure many 3.22-km (2-mi) segments are aircraft would impact an area while area at any given time, 3.22 km (2.00 present along each traveling path (x). traveling during each season (Dp(TR); mi). We made this estimate using We determined the total number of Equation 8). average aircraft speeds at altitudes less minutes an aircraft would be impacting than 305 m (1,000 ft) to account for any 3.22-km (2-mi) segment along the

Sp * (trn *X) Dp(TR) = 1440

Equation 8

VerDate Sep<11>2014 20:38 May 28, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4725 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.010 EP01JN21.011 EP01JN21.012 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29405

We then used observations of section). The harassment rate areas were first calculated the number of bears behavioral reactions from aerial surveys then calculated separately for the encountered (Bes) for the landing/take- (see section Estimating Harassment landing and take-off areas along each off and traveling sections using both Rates of Aircraft Activities) to determine flight path as well as the traveling area coastal (eci or co) and inland (eii or io) the appropriate harassment rate in the for all flights with altitudes at or below encounter rates within the coastal (ac) exposure area (1,610 m (1 mi) from the 457.2 m (1,500 ft). and inland (ai) exposure areas (Equation center of the flight line; see above in this To estimate number of polar bears 9). harassed due to aircraft activities, we

Equation 9

Using the calculated number of determine the daily number of bears Rates of Aircraft Activities), resulting in coastal and inland bears encountered for impacted due to aircraft activities (Bi). a number of bears harassed during each each season, we applied the daily We then applied the aircraft harassment season (Bt; Equation 10). Harassment seasonal proportion for both landings/ rate (ta) associated with the exposure associated with AIR surveys was take-offs and traveling areas to area (see section Estimating Harassment analyzed separately.

Equation 10

Analysis Approach for Estimating estimated a maximum of 6 hours of the seasonal bear encounter rates for the Harassment During Aerial Infrared flight time per day, resulting in a total appropriate zones multiplied by the area Surveys of 312 flight hours per year. To impacted and the proportion of the determine the amount of time AIR season AIR flights were flown, we Typically, during every ice season flights are likely to survey coastal and determined the number of bears Industry conducts polar bear den inland zones, we found the area where encountered. We then applied the surveys using AIR. Although the target industry activities and denning habitat aircraft harassment rate to the number of for these surveys is polar bear dens, overlap and buffered by 1.6 km (1 mi). bears on the surface can be impacted by bears encountered per zone to We then split the buffered denning determine number of bears harassed. the overflights. These surveys are not habitat by zone and determined the conducted along specific flight paths proportion of coastal and inland Estimated Harassment From Aircraft and generally overlap previously flown denning habitat. Using this proportion, Activities areas within the same trip. Therefore, we estimated the number of flight hours the harassment estimates for surface spent within each zone and determined Using the approach described in bears during AIR surveys were the proportion of the ice season in General Approach to Estimating estimated using a different which AIR surveys were impacting the Harassment for Aircraft Activities and methodology. survey areas (see General Approach to Analysis Approach for Estimating Rather than estimate potential flight Estimating Harassment for Aircraft Harassment during Aerial Infrared paths, we used the maximum amount of Activities). We then estimated the Surveys, we estimated the total number flight time that is likely to occur for AIR aircraft footprint to determine the area of bears expected to be harassed by the surveys during each year. The period of that would be impacted at any given aircraft activities included in the AIR surveys lasts November 25th to time as well as the area accounting for analyses during the proposed Beaufort January 15th (52 days), and we two take-offs and two landings. Using Sea ITR period of 2021–2026 (Table 6).

TABLE 6—ESTIMATED LEVEL B HARASSMENT OF POLAR BEARS ON THE NORTH SLOPE OF ALASKA BY YEAR AS A RESULT OF AIRCRAFT OPERATIONS DURING THE 2021–2026 PROPOSED ITR PERIOD

21–22 22–23 23–24 24–25 25–26 26 Total

Est. Harassment ...... 0.89 0.95 0.95 1.09 1.09 0.15 5.45 Average estimated polar bear harassments per year = 1.09 bears.

Methods for Modeling the Effects of Den activities proposed in the AOGA survival. Contributing information came Disturbance application, we characterized, from literature searches in several major evaluated, and prioritized a series of research databases and data compiled Case Studies Analysis rules and definitions towards a from polar bear observations submitted To assess the likelihood and degree of predictive model based on knowledge of by the oil and gas Industry. We exposure and predict probable published and unpublished information considered all available scientific and responses of denning polar bears to on denning ecology, behavior, and cub observational data we could find on

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.013 EP01JN21.014 29406 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

polar bear denning behavior and effects whether (1) the human activity met our the response of the bear(s), and the level of disturbance. definition of an exposure and (2) the of take associated with that response. From these sources, we identified 57 response of the bear(s) could be From this information, we calculated case studies representing instances classified according to our rules and the probability that a discrete or where polar bears at a maternal den may definitions. From these 57 dens, 80 repeated exposure would result in each have been exposed to human activities. denning period-specific events met possible level of take during each For each den, we considered the four these criteria. For each event, we denning period, which informed the denning periods separately, and for each classified the type and frequency (i.e., probabilities for outcomes in the period, determined whether adequate discrete or repeated) of the exposure, simulation model (Table 7). information existed to document

TABLE 7—PROBABILITY THAT A DISCRETE OR REPEATED EXPOSURE ELICITED A RESPONSE BY DENNING POLAR BEARS THAT WOULD RESULT IN LEVEL B HARASSMENT, LEVEL A HARASSMENT (INCLUDING SERIOUS AND NON-SERIOUS IN- JURY), OR LETHAL TAKE [Level B harassment was applicable to both adults and cubs, if present; Level A harassment and lethal take were applicable to cubs only. Prob- abilities were calculated from the analysis of 57 case studies of polar bear responses to human activity. Cells with NAs indicate these types of take were not possible during the given denning period]

Non-serious Serious Exposure type Period None Level B Level A Level A Lethal

Discrete ...... Den Establishment ...... 0.400 0.600 NA NA NA Early Denning ...... 1.000 0.000 NA NA 0.000 Late Denning ...... 0.091 0.000 NA 0.909 0.000 Post-emergence ...... 0.000 0.000 0.750 NA 0.250 Repeated ...... Den Establishment ...... 1.000 0.000 NA NA NA Early Denning ...... 0.800 0.000 NA NA 0.200 Late Denning ...... 0.708 0.000 NA 0.292 0.000 Post-emergence ...... 0.000 0.267 0.733 NA 0.000

Case Study Analysis Definitions • No response: No observed or date unless other data were available to Below, we provide definitions for presumed behavioral or physiological inform emergence dates (e.g., GPS collar response to an exposure. data). terms used in this analysis, a general • overview of denning chronology and Likely physiological response: An Departure date: The date when bears periods (details are provided in the alteration in the normal physiological leave the den site to return to the sea Potential Effects to Pacific Walrus, Polar function of a polar bear (e.g., elevated ice. If a bear leaves the den site after a Bears and Prey Species: Effects on heart rate or stress hormone levels) that disturbance but later returns, we denning bears), and the rules is typically unobservable but is likely to considered the initial movement to be occur in response to an exposure. the departure date. established for using the case studies to • inform the model. Behavioral response: A change in behavior in response to an exposure. Definition of Various Denning Periods Exposure and Response Definitions Behavioral responses can range from Den establishment period: Period of Exposure: Any human activity within biologically insignificant (e.g., a resting time between the start of maternal den 1.6 km (1 mi) of a polar bear den site. bear raising its head in response to a excavation and the birth of cubs. Unless In the case of aircraft, an overflight vehicle driving along a road) to evidence indicates otherwise, all dens within 457 m (0.3 mi) above ground substantial (e.g., cub abandonment) and that are excavated by adult females in level. concomitant levels of take vary the fall or winter are presumed to be Discrete exposure: An exposure that accordingly. maternal dens. In the absence of other information, this period is defined as occurs only once and of short duration Timing Definitions (<30 minutes). It can also be a short- denning activity prior to December 1 duration exposure that happens Entrance date: The date a female first (i.e., estimated earliest date cubs are repeatedly but that is separated by enters a maternal den after excavation is likely present in dens (Derocher et al. sufficient time that exposures can be complete. 1992, Van de Velde et al. 2003)). treated as independent (e.g., aerial Emergence date: The date a maternal Early denning period: Period of time pipeline surveys that occur weekly). den is first opened and a bear is exposed from the birth of cubs until they reach Repeated exposure: An exposure that directly to external conditions. 60 days of age and are capable of occurs more than once within a time Although a bear may exit the den surviving outside the den. In the period where exposures cannot be completely at emergence, we considered absence of other information, this considered independent or an exposure even partial-body exits (e.g., only a period is defined as any denning that occurs due to continuous activity bear’s head protruding above the surface activity occurring between December 1 during a period of time (e.g., traffic of the snow) to represent emergence in and February 13 (i.e., 60 days after 15 along a road, or daily visits to a well order to maintain consistency with December, the estimated average date of pad). dates derived from temperature sensors cub birth; Van de Velde et al. 2003, Response probability: The probability on collared bears (e.g., Rode et al. Messier et al. 1994). that an exposure resulted in a response 2018b). For dens located near regularly Late denning period: Period of time by denning polar bears. occurring human activity, we between when cubs reach 60 days of age We categorized each exposure into considered the first day a bear was and den emergence. In the absence of categories based on polar bear response: observed near a den to be the emergence other information, this period is defined

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29407

as any denning activity occurring about cub age, a den emergence that as follows: 12 dens (95% CI: 3–26) in between 14 February and den occurred between December 1 and the NPRA, 26 dens (95% CI: 11–48) in emergence. February 13 was considered to be an the CC region, and 14 dens (95% CI: 5– Post-emergence period: Period of time early emergence and resulted in a lethal 30) in ANWR (Atwood et al. 2020). For between den emergence and den site take of each cub. each iteration of the model (described departure. We considered a ‘‘normal’’ • If an exposure occurred during the below), we drew a random sample from duration at the den site between late denning period (i.e., after cubs a gamma distribution for each of the emergence and departure to be greater reached 60 days of age) and bears regions based on the above parameter than or equal to 8 days and classified emerged from the den before their estimates, which allowed uncertainty in departures that occurred post emergence intended (i.e., undisturbed) emergence the number of dens in each area to be ‘‘early’’ if they occurred less than 8 days date, we assigned a serious injury Level propagated through the modeling after emergence. A harassment take for each cub. In the process. Specifically, we used the absence of information about cub age method of moments (Hobbs and Hooten Descriptions of Potential Outcomes and intended emergence date (which 2015) to develop the shape and rate Cub abandonment: Occurs when a was known only for simulated dens), parameters for the gamma distributions female leaves all or part of her litter, den emergences that occurred between as follows: NPRA (122/5.82,12/5.82), CC either in the den or on the surface, at (and including) February 14 and March (262/9.52,26/9.52), and ANWR (142/ any stage of the denning process. We 14 were considered to be early 6.32,14/6.32). classified events where a female left her emergences and resulted in a non- Because not all areas in northern cubs but later returned (or was returned serious injury Level A harassment take Alaska are equally used for denning and by humans) as cub abandonment. of each cub. If a den emergence some areas do not contain the requisite Early emergence: Den emergence that occurred after March 14 but was clearly topographic attributes required for occurs as the result of an exposure (see linked to an exposure (e.g., bear sufficient snow accumulation for den ‘Rules’ below). observed emerging from the den when excavation, we did not randomly place Early departure: Departure from the activity initiated near the den), we dens on the landscape. Instead, we den site post-emergence that occurs as considered the emergence to be early followed a similar approach to that used the result of an exposure (see ‘Rules’ and resulted in a serious injury Level A by Wilson and Durner (2020) with some below). harassment take of each cub. additional modifications to account for • For dens where emergence was not differences in denning ecology in the CC Predictive Model Rules for Determining classified as early, if an exposure region related to a preference to den on Den Outcomes and Assigning Take occurred during the post-emergence barrier islands and a general (but not • We considered any exposure in a period and bears departed the den site complete) avoidance of actively used 24-hour period that did not result in a prior to their intended (i.e., industrial infrastructure. Using the Level A harassment or lethal take to undisturbed) departure date, we USGS polar bear den catalogue (Durner potentially be a Level B harassment take assigned a non-serious injury Level A et al. 2020), we identified polar bear if a behavioral response was observed. harassment take for each cub. In the dens that occurred on land in the CC However, multiple exposures do not absence of information about the region and that were identified either by result in multiple Level B harassment intended departure date (which was GPS-collared bears or through takes unless the exposures occurred in known only for simulated dens), den systematic surveys for denning bears two different denning periods. site departures that occurred less than 8 (Durner et al. 2020). This resulted in a • If comprehensive dates of specific days after the emergence date were sample of 37 dens of which 22 (i.e., 60 exposures are not available and daily considered to be early departures and percent) occurred on barrier islands. For exposures were possible (e.g., the den resulted in a non-serious injury Level A each iteration of the model, we then was located within 1.6 km [1 mi] of an harassment take of each cub. determined how many of the estimated ice road), we assumed exposures Den Simulation dens in the CC region occurred on occurred daily. barrier islands versus the mainland. • In the event of an exposure that We simulated dens across the entire To accomplish this, we first took a resulted in a disturbance to denning north slope of Alaska, ranging from the random sample from a binomial bears, take was assigned for each bear areas identified as denning habitat distribution to determine the expected (i.e., female and each cub) associated (Blank 2013, Durner et al. 2006, 2013) number of dens from the den catalog with that den. Whereas assigned take for contained within the National (Durner et al. 2020) that should occur on cubs could range from Level B Petroleum Reserve—Alaska (NPRA) in barrier islands in the CC region during harassment to lethal take, for adult the west to the Canadian border in the that given model iteration; females only Level B harassment was east. While AOGA’s Request does not nbarrier=Binomial(37, 22/37), where 37 possible. include activity inside the Arctic represents the total number of dens in • In the absence of additional National Wildlife Refuge (ANWR), we the den catalogue (Durner et al. 2020) in information, we assumed dens did not still simulated dens in that area to the CC region suitable for use (as contain cubs prior to December 1 but ensure that any activities directly described above) and 22/37 represents did contain cubs on or after December adjacent to the refuge that might impact the observed proportion of dens in the 1. denning bears inside the refuge would CC region that occurred on barrier • If an exposure occurred and the be captured. To simulate dens on the islands. We then divided nbarrier by the adult female subsequently abandoned landscape, we relied on the estimated total number of dens in the CC region her cubs, we assigned a lethal take for number of dens in three different suitable for use (i.e., 37) to determine each cub. regions of northern Alaska provided by the proportion of dens in the CC region • If an exposure occurred during the Atwood et al. (2020). These included that should occur on barrier islands (i.e., early denning period and bears emerged the NPRA, the area between the Colville pbarrier). We then multiplied pbarrier with from the den before cubs reached 60 and Canning Rivers (CC), and ANWR. the simulated number of dens in the CC days of age, we assigned a lethal take for The mean estimated number of dens in region (rounded to the nearest whole each cub. In the absence of information each region during a given winter were number) to determine how many dens

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29408 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

were simulated to occur on barriers habitat layer. Because no infrastructure and created a discretized distribution of islands in the region. exists and no activities are proposed to distances between dens and In the NPRA, the den catalogue occur in the area of NPRA without the infrastructure. We created 2.5-km (Durner et al. 2020) data indicated that den habitat layer, we only considered intervals between 0 and 45 km, and one two dens occurred outside of defined the potential impacts of activity to those bin for areas >45 km greater than 45km denning habitat (Durner et al. 2013), so dens simulated to occur in the region from infrastructure and determined the we took a similar approach as with the with denning habitat identified (Durner number of samples that occurred within barrier islands to estimate how many et al. 2013). each distance bin. We then divided the dens occur in areas of the NPRA with To account for the potential influence number of samples in each bin by the the den habitat layer during each of industrial activities and infrastructure total number of samples to determine iteration of the model; on the distribution of polar bear the probability of a simulated den nhabitat∼Binomial(15, 13/15), where 15 selection of den sites, we again relied on represents the total number of dens in the subset of dens from the den occurring in a given distance bin. The NPRA from the den catalogue (Durner et catalogue (Durner et al. 2020) discussed choice of 2.5 km for distance bins was al. 2020) suitable for use (as described above. We further restricted the dens to based on a need to ensure that kernel above), and 13/15 represents the only those occurring on the mainland density grid cells occurred in each observed proportion of dens in NPRA because no permanent infrastructure distance bin. that occurred in the region with den occurred on barrier islands with To inform where dens are most likely habitat coverage (Durner et al. 2013). identified denning habitat (Durner et al. to occur on the landscape, we We then divided nhabitat by the total 2006). We then determined the developed a kernel density map by number of dens in NPRA from the den minimum distance to permanent using known den locations in northern catalogue (i.e., 15) to determine infrastructure that was present when the Alaska identified either by GPS-collared proportion of dens in the NPRA region den was identified. This led to an bears or through systematic surveys for that occurred in the region of the den estimate of a mean minimum distance of denning bears (Durner et al. 2020). To habitat layer (phabitat). We then dens to infrastructure being 21.59 km approximate the distribution of dens, multiplied phabitat with the simulated (SD = 16.82). From these values, we number of dens in NPRA (rounded to then parameterized a gamma we used an adaptive kernel density the nearest whole number) to determine distribution: Gamma(21.592/16.822, estimator (Terrell and Scott 1992) the number of dens in NPRA that 21.59/16.822). We then obtained applied to n observed den locations, occurred in the region with the den 100,000 samples from this distribution which took the form

f(s) oc ~e IP k (s-s·)h(s; , where the adaptive bandwidth h(s) = (~o + ~1 /(si E M)l(s EM) )~ 2

for the location of the ith den and each onto the mainland, which was deemed underlying relative probability (Figure location s in the study area. The to be biologically unrealistic given the 6) within a given region using a indicator functions allowed the clear differences in den density between multinomial distribution. Once a cell bandwidth to vary abruptly between the the barrier islands and the mainland in was selected, the simulated den was mainland M and barrier islands. The the region. For each grid cell in the randomly placed on the denning habitat kernel k was the Gaussian kernel, and kernel density map within the CC (Blank 2013, Durner et al. 2006, 2013) the parameters q, b0, b1, b2 were chosen region, we then determined the located within that grid cell. For dens based on visual assessment so that the minimum distance to roads and pads being simulated on mainland in the CC density estimate approximated the that had occupancy ≥0.50 identified by region, an additional step was required. observed density of dens and our AOGA during October through We first assigned a simulated den a understanding of likely den locations in December (i.e., the core period when distance bin using a multinomial areas with low sampling effort. bears were establishing their dens). We distribution of probabilities of being The kernel density map we used for restricted the distance to infrastructure located in a given distance bin based on this analysis differs slightly from the component to only the CC region the discretized distribution of distances version used in previous analyses, because it is the region that contains the described above. Based on the distance specifically our differentiation of barrier vast majority of oil and gas to infrastructure bin assigned to a islands from mainland habitat. We used infrastructure and has had some form of simulated den, we subset the kernel this modified version because previous permanent industrial infrastructure density grid cells that occurred in the analyses did not require us to consider present for more than 50 years. Thus, same distance bin and then selected a denning habitat in the CC region, which denning polar bears have had a grid cell from that subset based on their has a significant amount of denning that substantial amount of time to modify underlying probabilities using a occurs on barrier islands compared to their selection of where to den related multinomial distribution. Then, similar the other two regions. If barrier islands to the presence of human activity. to other locations, a den was randomly were not differentiated for the kernel To simulate dens on the landscape, placed on denning habitat within that density estimate, density from the we first sampled in which kernel grid gird cell. barrier island dens would spill over cell a den would occur based on the BILLING CODE 4333–15–P

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.024 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29409

blw , Roji!a Ate• -.... -.·.. ~.:O

Figure 6-Depiction of the proposed project area with the underlying relative density of polar bear dens and potential polar bear den habitat as identified by Dumer et al. (2006, 2013) and Blank (2013).

For each simulated den, we assigned (albeit small) of dates being Smith et al. (2007, 2010, 2013) and dates of key denning events; den substantially outside a biologically Robinson (2014), which monitored dens entrance, birth of cubs, when cubs reasonable range. We selected a date of near immediately after emergence (n = reached 60 days of age, den emergence, birth for each litter from a normal 25 dens). Specifically, we used the and departure from the den site after distribution with the mean set to ordinal mean (8.0) and SD (5.5) of the dens emergence. These represent the date 348 (i.e., 15 December) and monitored in these studies to chronology of each den under standard deviation of 10, which allowed parameterize a gamma distribution undisturbed conditions. We selected the the 95 percent CI to approximate the using the method of moments (Hobbs entrance date for each den from a range of birth dates (i.e., December 1 to and Hooten 2015) with a shape normal distribution parameterized by January 15) identified in the peer- parameter equal to 8.02/5.52 and a rate entrance dates of radio-collared bears in reviewed literature (Messier et al. 1994, parameter equal to 8.0/5.52; we selected the Southern Beaufort subpopulation Van de Velde et al. 2003). We ensured a post-emergence, pre-departure time for that denned on land included in Rode that simulated birth dates occurred after each den from this distribution. We et al. (2018) and published in USGS simulated den entrance dates. We restricted time at the den post (2018; n = 52, mean = 11 November, SD selected the emergence date as a random emergence to occur within the range of = 18 days). These data were restricted to draw from an asymmetric Laplace times observed in Smith et al. (2007, those dens with both an entrance and distribution with parameters μ = 81.0, σ 2010, 2013) and Robinson (2014) (i.e., emergence data identified and where a = 4.79, and p = 0.79 estimated from the 2–23 days, again to ensure biologically bear was in the den for greater than or empirical emergence dates in Rode et al. realistic times spent at the den site were equal to 60 days to reduce the chances (2018) and published in USGS (2018, n simulated). Additionally, we assigned of including non-maternal bears using = 52) of radio-collared bears in the each den a litter size by drawing the shelter dens. Sixty days represents the Southern Beaufort Sea stock that number of cubs from a multinomial minimum age of cubs before they have denned on land using the mleALD distribution with probabilities derived a chance of survival outside of the den. function from package ‘ald’ (Galarzar from litter sizes (n = 25 litters) reported Thus, periods less than 60 days in the and Lachos 2018) in program R (R Core in Smith et al. (2007, 2010, 2013) and den have a higher chance of being Development Team 2021). We Robinson (2014). shelter dens. constrained simulated emergence dates Because there is some probability that We truncated this distribution to to occur within the range of observed a female naturally emerges with 0 cubs, ensure that all simulated dates occurred emergence dates (January 9 to April 9, we also wanted to ensure this scenario within the range of observed values (i.e., again to constrain dates to be was captured. It is difficult to 12 September to 22 December) biologically realistic) and to not occur parameterize the probability of litter identified in USGS (2018) to ensure that until after cubs were 60 days old. size equal to 0 because it is rarely entrance dates were not simulated Finally, we assigned the number of days observed. We, therefore, assumed that during biologically unreasonable each family group spent at the den site dens in the USGS (2018) dataset that periods given that the normal post-emergence based on values had denning durations less than the distribution allows some probability reported in four behavioral studies, shortest den duration where a female

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.015 29410 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

was later observed with cubs (i.e., 79 model. We considered infrastructure the proposed start and end dates for ice days) had a litter size of 0. There were and human activities only within the roads and tundra routes each winter only 3 bears in the USGS (2018) data area of proposed activity in the ITR from AOGA with activity anticipated to that met this criteria, leading to an request. However, given that activity on occur at least daily along each. assumed probability of a litter size of 0 the border of this region could still at emergence being 0.07. We, therefore, affect dens falling outside of the area Seismic Surveys assigned the probability of 0, 1, 2, or 3 defined in the ITR request, we also Seismic surveys are planned to occur cubs as 0.07, 0.15, 0.71, and 0.07, considered the impacts to denning bears in the central region of the project area respectively. within a 1-mile buffer outside of the proposed by AOGA (Figure 7). The proposed activity area. Infrastructure and Human Activities region where seismic surveys would The model developed by Wilson and Roads and Pads occur were split into two different Durner (2020) provides a template for We obtained shapefiles of existing portions representing relatively high estimating the level of potential impact and proposed road and pad and relatively low probabilities of polar to denning polar bears of proposed infrastructure associated with industrial bear dens being present (Figure 7). activities while also considering the activities from AOGA. Each attribute in During any given winter, no more than natural denning ecology of polar bears the shapefiles included a monthly 766 km2 and 1183 km2 will be surveyed in the region. The approach developed occupancy rate that ranged from 0 to 1. in the high- and low-density areas, by Wilson and Durner (2020) also For this analysis, we assumed that any respectively. Therefore, for this analysis, allows for the incorporation of road or pad with occupancy greater than we estimated take rates by assuming uncertainty in both the metric 0 for a given month had the potential for that seismic surveys would occur in the associated with denning bears and in human activity during the entire month portions of those areas with the highest the timing and spatial patterns of unless otherwise noted. underlying probabilities of denning proposed activities when precise occurring and covering the largest area information on those activities is Ice Roads and Tundra Travel proposed in each (i.e., 766 km2 and unavailable. Below we describe the We obtained shapefiles of proposed 1183 km2). All seismic surveys could different sources of potential ice road and tundra travel routes from start as early as January 1 and operate disturbance we considered within the AOGA. We also received information on until April 15.

Low }rtilJectAliia m High ClerisifySel/!lli!t ~. Low 0ens1ty seismic

Figure 7-Depiction of areas where seismic surveys occurred in simulations with underlying map of relative den density. The high-density seismic area covers a region with relatively high probability of denning, and the low-density seismic area covers a region with relatively low probability of denning. During any given winter, no more than 766 km2 and 1,183 km2 will be surveyed in the high-density and low-density areas, respectively.

BILLING CODE 4333–15–C

VerDate Sep<11>2014 20:14 May 28, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.016 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29411

Pipelines winter. The first survey could occur conducted since Wilson and Durner We obtained shapefiles of existing between December 1 and 25 and the (2020) was published that require an and proposed pipelines, as well as second between December 15 through updated approach. The study by which months and years each pipeline January 10 with at least 24 hours Woodruff et al. (in prep.) considered the would be operational, from AOGA. between the completion of the first probability of detecting heat signatures Based on the description in the request, survey and the beginning of the second. from artificial polar bear dens. They did we assumed that all pipelines would During winters when seismic surveys not find a relationship between den have aerial surveys conducted weekly occur, additional AIR surveys would be snow depth and detection and estimated with aircraft flying at altitudes <457.2 m required. A total of three AIR surveys of a mean detection rate of 0.24. A recent any den habitat within 1 mile of the (<1,500 ft) and potentially exposing study by Smith et al. (2020) estimated seismic survey area would be required polar bears to disturbance. that the detection rate for actual polar prior to any seismic-related activities Other Aircraft Activities occurring (e.g., advance crews checking bear dens in northern Alaska was 0.45 and also did not report any relationship Aside from flights to survey pipelines, ice conditions). The first AIR survey between detection and den snow depth. the majority of aircraft flights are would need to occur between November expected to occur at altitudes >457.2 m 25 and December 15, the second Because the study by Wilson and (>1,500 ft). After reviewing current and between December 5 and 31, and the Durner (2020) reported detection proposed flight patterns for flights likely third between December 15 and January probability only for dens with less than to occur at altitudes <457.2 m (<1,500 15 with the same minimum of 24 hours 100 cm snow depth, we needed to ft), we found one flight path that we between subsequent surveys. Similarly, correct it to also include those dens included in the model. The flight path during winters when seismic surveys with greater than 100 cm snow depth. is between the Oooguruk drill site and occur, an additional AIR survey would Based on the distribution of snow the onshore tie-in pad with at least daily be required of denning habitat within 1 depths used by Wilson and Durner flights between September 1 and mile of the pipeline between Badami (2020) derived from data in Durner et al. January 31. We, therefore, also and the road to Endicott Island. The (2003), we determined that 24 percent of considered these flights as a continuous additional survey of the pipeline (to dens have snow depths greater than 100 source of potential exposure to denning create a total of three) would need to cm. After taking these into account, the bears. occur between December 5 and January overall detection probability from 10. Wilson and Durner (2020) including Aerial Infrared Surveys During each iteration of the model, dens with snow depths greater than 100 Based on AOGA’s request, we each AIR survey was randomly assigned cm was estimated to be 0.54. This led assumed that all permanent a probability of detecting dens. Whereas to a mean detection of 0.41 and standard infrastructure (i.e., roads, pipelines, and previous analyses have used the results pads), tundra travel routes, and ice of Wilson and Durner (2020) to inform deviation of 0.15 across the three roads would receive two aerial infrared this detection probability, two studies. We used these values, and the (AIR) surveys of polar bear den habitat additional studies (Smith et al. 2020, method of moments (Hobbs and Hooten within 1 mile of those features each Woodruff et al. in prep.) have been 2015), to inform a Beta distribution

2 3 2 2 3 2 2 (i.e. Beta (o.41 -o.41 -o.41xo.1539 o.41-2xo.41 +o.41 -o.1539 +o.41xo.1539 )) ' 0.15392 ' 0.15392

from which we drew a detection long as the activity did not result in a that would not be suitable for denning probability for each of the simulated Level A harassment or lethal take, we and therefore, pose no risk of being run AIR surveys during each iteration of the assumed a 1.6-km buffer would be over (i.e., an existing road). For those model. applied to prevent disturbance during activities off permanent infrastructure future denning periods. For dens Model Implementation (i.e., ice roads and tundra travel routes), exposed to human activity (i.e., not crews will constantly be on the lookout For each iteration of the model, we detected by an AIR survey), we then for signs of denning, use vehicle-based first determined which dens were identified the stage in the denning cycle forward looking infrared cameras to exposed to each of the simulated when the exposure occurred based on scan for dens, and will largely avoid activities and infrastructure. We the date range of the activities the den crossing topographic features suitable assumed that any den within 1.6 km (1 was exposed to. We then determined for denning given operational mi) of infrastructure or human activities whether the exposure elicited a was exposed and had the potential to be response by the denning bear based on constraints. Thus, the risk of running disturbed as numerous studies have probabilities derived from the reviewed over a den was deemed to have a suggested a 1.6-km buffer is sufficient to case studies (Table 7). Level B probability so low that it was reduce disturbance to denning polar harassment was applicable to both discountable. bears (MacGillivray et al. 2003, Larson adults and cubs, if present, whereas Based on AOGA’s description of their et al. 2020, Owen et al. 2021). If, Level A harassment (i.e., serious injury proposed activities, we only considered however, a den was detected by an AIR and non-serious injury) and lethal take AIR surveys and pipeline inspection survey prior to activity occurring within were applicable only to cubs because surveys as discrete exposures given that 1.6 km of it, we assumed a 1.6-km buffer the proposed activities had a surveys occur quickly (i.e., the time for would be established to restrict activity discountable risk of running over dens an airplane to fly over) and infrequently. adjacent to the den and there would be and thus killing a female or impacting no potential for future disturbance. If a her future reproductive potential. The den was detected by an AIR survey after majority of proposed activities occur on activity occurred within 1.6 km of it, as established, permanent infrastructure

VerDate Sep<11>2014 20:14 May 28, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.017 29412 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

For all other activities, we applied received Level B harassment, Level A rates will be less when the more probabilities associated with repeated harassment (i.e., serious injury and non- northern ice road is used. exposure (Table 7). For the pipeline serious injury), or lethal take. surveys, we made one modification to We developed the code to run this Model Results model in program R (R Core the probabilities applied compared to On average, we estimated 52 (median Development Team 2021) and ran those listed in Table 7. The case studies = 51; 95% CI: 30–80) land-based dens in used to inform the post-emergence 10,000 iterations of the model (i.e., the area of proposed activity in AOGA’s period include one where an individual Monte Carlo simulation) to derive the request within a 1.6-km (1-mi) buffer. fell into a den and caused the female to estimated number of animals disturbed abandon her cubs. Given that pipeline and associated levels of take. We ran the Annual estimates for different levels of surveys would either occur with a plane model for each of the five winters take are presented in Table 8. We also or a vehicle driving along an established covered by the ITR (i.e., 2021/2022, estimated that Level B harassment take path adjacent to a pipeline, there would 2022/2023, 2023/2024, 2024/2025, from AIR surveys was never greater than be no chance of falling into a den. 2025/2026). For each winter’s analysis, a mean of 1.53 (median = 1; 95% CI: 0– Therefore, we excluded this case study we analyzed the most impactful 5) during any winter. The distributions from the calculation of disturbance scenario that was possible. For example, of both non-serious Level A and serious probabilities applied to our analysis, seismic surveys may not occur every Level A/Lethal possible takes were non- which led to a 0 percent probability of winter, but it is unclear which winters normal and heavily skewed, as lethal take and a 100 percent probability would have seismic surveys and which indicated by markedly different mean of non-serious injury Level A would not. Therefore, each of the and median values. The heavily skewed harassment. scenarios were run with the inclusion of nature of these distributions has led to For dens exposed to human activity, seismic surveys (and their additional a mean value that is not representative we used a multinomial distribution with AIR surveys) knowing that take rates of the most common model result (i.e., the probabilities of different levels of will be less for a given winter if seismic the median value), which for both non- take for that period (Table 7). If a Level surveys did not occur. Similarly, in serious Level A and serious Level A/ A harassment or lethal take was some winters, winter travel between Lethal takes is 0.0 takes. Due to the low simulated to occur, a den was not Deadhorse and Point Thomson will (<0.29 for non-serious Level A and allowed to be disturbed again during the occur along an ice road running roughly ≤ subsequent denning periods because the parallel to the pipeline connecting the 0.426 for serious Level A/Lethal takes) outcome of that denning event was two locations. However, in other probability of greater than or equal to 1 already determined. As noted above, winters, the two locations will be non-serious or serious injury Level A Level A harassments and lethal takes connected via a tundra travel route harassment/Lethal take each year of the only applied to cubs because proposed farther south. Through preliminary proposed ITR period, combined with activities would not result in those analyses, we found that the tundra the median of 0.0 for each, we do not levels of take for adult females. Adult travel route led to higher annual take estimate the proposed activities will females, however, could still receive estimates. Therefore, for each of the result in non-serious or serious injury Level B takes during the den scenarios, we only considered the Level A harassment or lethal take of establishment period or any time cubs tundra travel route knowing that take polar bears. TABLE 8—RESULTS OF THE DEN DISTURBANCE MODEL FOR EACH WINTER OF PROPOSED ACTIVITY. ESTIMATES ARE PRO- VIDED FOR THE PROBABILITY (PROB), MEAN, MEDIAN (MED), AND 95% CONFIDENCE INTERVALS (CI) FOR LEVEL B, NON-SERIOUS LEVEL A, AND SERIOUS LEVEL A LETHAL TAKE. THE PROBABILITIES REPRESENT THE PROBABILITY OF ≥1 TAKE OF A BEAR OCCURRING DURING A GIVEN WINTER.

Level B harassment Non serious Level A Serious Level A lethal Winter (20XX) Prob Mean Med 95 CI Prob Mean Med 95 CI Prob Mean Med 95 CI

21–22 ...... 0.89 3.1 3.0 0–9 0.28 0.7 0.0 0–4 0.45 1.2 0.0 0–5 22–23 ...... 0.90 3.2 3.0 0–9 0.29 0.7 0.0 0–4 0.46 1.2 0.0 0–6 23–24 ...... 0.90 3.1 3.0 0–9 0.28 0.6 0.0 0–4 0.46 1.2 0.0 0–5 24–25 ...... 0.90 3.1 3.0 0–9 0.28 0.6 0.0 0–4 0.46 1.2 0.0 0–6 25–26 ...... 0.90 3.2 3.0 0–9 0.28 0.7 0.0 0–4 0.46 1.2 0.0 0–5

Maritime Activities Interactions as marine roads using an of the barge/tug combination as it moves occupancy rate of 0.2. This occupancy in its route from one location to the Vessel Traffic rate accounts for 20 percent of the next. We estimated a 16.5-km2 (6.37- Maritime activities were divided into impact area (i.e., the length of the route mi2) take area for the barge, tug, and two categories of potential impact: buffered by 1.6 km (1 mi)) being associated tow line, which accounts for Vessel traffic and in-water construction. impacted at any given point throughout a barge, tow, and tug length of 200 m Vessel traffic was further divided into the year, which is consistent with the (656 ft), width of 100 m (328 ft), and a two categories: Repeated, frequent trips daily trips described by AOGA. 1.6-km (1-mi) buffer surrounding the by small boats and hovercraft for crew For less frequent trips for fuel and vessels. We calculated the total hours of movement and less frequent trips to equipment resupply by tugs and barges, impact using an average vessel speed of move fuel and equipment by tugs and AOGA has supplied the highest barges. We estimated the potential Level expected number of trips that may be two knots (3.7 km/hr), and then B harassment take from the repeated, taken each year. Because we have been calculated the proportion of the open- frequent trips by crew boats and supplied with a finite number of water season that would be impacted hovercraft in Polar Bear: Surface potential trips, we used the impact area (Table 9).

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29413

TABLE 9—CALCULATION OF THE TOTAL NUMBER OF BARGE AND TUG VESSEL TRIP HOURS AND THE PROPORTION OF THE SEASON POLAR BEARS MAY BE IMPACTED IN A 16.5-km2 IMPACT AREA BY BARGE/TUG PRESENCE

Est. length Time/trip Total time Origin Destination Frequency (km) (hr) (hr)

West Dock ...... Milne Point ...... 1 38 10 10 Milne Point ...... West Dock ...... 1 38 10 10 West Dock ...... Endicott ...... 30 22 6 178 Endicott ...... Badami ...... 10 42 11 114 Badami ...... Pt. Thomson ...... 10 32 9 86 Pt. Thomson ...... West Dock ...... 10 96 26 259

Total Hours ...... 658 Proportion of Season Impacted ...... 0.24 by Barge/Tug Use.

The number of estimated takes was B harassment at 180 dB re 1 mPa in our small and fall within the current impact then calculated using Equation 4, in analysis for these proposed regulations. area (1.6 km) used to estimate polar bear which the impact area is multiplied by The proposal for the 2021–2026 ITR harassment due to surface interactions. encounter rate, proportion of season, period includes several activities that Thus, additional harassment and harassment rate for the open-water will create underwater sound, including calculations based on in-water noise are season. The final number of estimated dredging, screeding, pile driving, gravel not necessary. Similarly, any in-air Level B harassment events from barge/ placement, and geohazard surveys. sounds generated by underwater sources tug trips was 1.12 bears per year. Underwater sounds and the spatial are not expected to propagate above the extent to which they propagate are In-Water Construction Level B harassment thresholds listed in variable and dependent upon the sound Table 1 beyond the 1.6-km (1.0-mi) Polar bears are neither known to source (e.g., size and composition of a impact area established in Polar Bear: vocalize underwater nor to rely pile for pile driving, equipment type for Surface Interactions. substantially upon underwater sounds geophysical surveys, etc.), the to locate prey. However, for any installation method, substrate type, Sum of Harassment From All Sources predator, loss of hearing is likely to be presence of sea ice, and water depth. an impediment to successful foraging. Source levels range from less than 160 A summary of total numbers of The Service has applied a 190 dB re 1 dB re 1 mPa to greater than 200 dB re estimated take Level B harassments mPa threshold for Level B harassment 1 mPa (Rodkin and Pommerenck, 2014), during the duration of the project by arising from exposure of polar bears to meaning some sounds reach the level of season and take category is provided in underwater sounds for previous TTS, however they do not reach the Table 10. The potential for lethal or authorizations in the Beaufort and level of PTS (Table 1). Although these Level A harassment was explored. The Chukchi Seas; seas. However, given the activities result in underwater areas that highest probability of greater than or projection of polar bear TTS at 188 dB are above the 180 dB Level B equal to 1 lethal or serious Level A by Southall et al. (2019) referenced in harassment threshold for polar bears, harassment take of polar bears over the Figure 1, we used a threshold of Level the areas above the threshold will be 5-year ITR period was 0.462.

TABLE 10—TOTAL ESTIMATED LEVEL B HARASSMENT EVENTS OF POLAR BEARS PER YEAR AND SOURCE

Level B harassment of polar bears on the surface or in water Year Surface Seismic Aircraft Total activity exploration Vessel activity overflights Denning bears

Open water 2021—Ice 2021/2022 ...... 56.54 1.94 1.12 0.82 3.1 65 Open water 2022—Ice 2022/2023 ...... 83.77 1.94 1.12 0.95 3.2 91 Open water 2023—Ice 2023/2024 ...... 84.28 1.94 1.12 0.95 3.1 92 Open water 2024—Ice 2024/2025 ...... 84.23 1.94 1.12 1.09 3.1 92 Open water 2025—Ice 2025/2026 ...... 84.48 1.94 1.12 1.09 3.2 92 Open water 2026 ...... 12 0.00 1.12 0.15 0 14

Critical Assumptions significant biological consequences. Our from disturbance. There is not enough estimates do not account for variable information on composition of the SBS To conduct this analysis and estimate responses by polar bear age and sex; polar bear stock in the proposed ITR the potential amount of Level B however, sensitivity of denning bears area to incorporate individual harassment, several critical assumptions was incorporated into the analysis. The variability based on age and sex or to were made. available information suggests that polar predict its influence on harassment Level B harassment is equated herein bears are generally resilient to low estimates. Our estimates are derived with behavioral responses that indicate levels of disturbance. Females with from a variety of sample populations harassment or disturbance. There is dependent young and juvenile polar with various age and sex structures, and likely a portion of animals that respond bears are physiologically the most we assume the exposed population will in ways that indicate some level of sensitive (Andersen and Aars 2008) and have a similar composition and disturbance but do not experience most likely to experience harassment

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29414 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

therefore, the response rates are The two largest onshore oil spills In the event of an oil spill, the Service applicable. were in the terrestrial environment and follows oil spill response plans, The estimates of behavioral response occurred because of pipeline failures. In coordinates with partners, and reduces presented here do not account for the the spring of 2006, approximately 6,190 the impact of a spill on wildlife. Several individual movements of animals away bbl of crude oil spilled from a corroded factors will be considered when from the ITR area or habituation of pipeline operated by BP Exploration responding to an oil spill—including animals to noise or human presence. (Alaska). The spill impacted spill location, magnitude, oil viscosity Our assessment assumes animals remain approximately 0.8 ha (∼2 ac). In and thickness, accessibility to spill site, stationary, (i.e., density does not November 2009, a spill of spill trajectory, time of year, weather change). There is not enough approximately 1,150 bbl from a conditions (i.e., wind, temperature, information about the movement of ‘‘common line’’ carrying oil, water, and precipitation), environmental polar bears in response to specific natural gas operated by BP occurred as conditions (i.e., presence and thickness disturbances to refine this assumption. well, impacting approximately 780 m2 of ice), number, age, and sex of walruses This situation could result in (∼8,400 ft2). None of these spills were and polar bears that are (or are likely to overestimation of harassment; however, known to impact polar bears, in part be) affected, degree of contact, we cannot account for harassment due to the locations and timing. Both importance of affected habitat, cleanup resulting from a polar bear moving into sites were within or near Industry proposal, and likelihood of human-bear less preferred habitat due to facilities not frequented by polar bears, interactions. Response efforts will be disturbance. and polar bears are not typically conducted under a three-tier approach Potential Effects of Oil Spills on Pacific observed in the affected areas during the characterized as: (1) Primary response, Walruses and Polar Bears time of the spills and subsequent involving containment, dispersion, cleanup. burning, or cleanup of oil; (2) secondary Walrus and polar bear ranges overlap Nonetheless, walruses and polar bears response, involving hazing, herding, with many active and planned Industry could encounter spilled oil from preventative capture/relocation, or activities—resulting in associated risks exploratory operations, existing offshore additional methods to remove or deter of oil spills from facilities, ships, and facilities, pipelines, or from marine wildlife from affected or potentially pipelines in both offshore and onshore vessels. The shipping of crude oil, oil affected areas; and (3) tertiary response, habitat. To date, no major offshore oil products, or other toxic substances, as involving capture, cleaning, treatment, spills have occurred in the Alaska well as the fuel for the shipping vessels, and release of wildlife. If the decision is Beaufort Sea. Although numerous small increases the risk of a spill. made to conduct response activities, onshore spills have occurred on the As additional offshore Industry primary and secondary response options North Slope. To date, there have been projects are planned, the potential for will be vigorously applied. Tertiary no documented effects to polar bears. large spills in the marine environment response capability has been developed Oil spills are unintentional releases of increases. Oil spills in the sea-ice by the Service and partners, though oil or petroleum products. In environment, at the ice edge, in leads, such response efforts would most likely accordance with the National Pollutant polynyas, and similar areas of be able to handle only a few animals at Discharge Elimination System Permit importance to walruses and polar bears a time. More information is available in Program, all North Slope oil companies present an even greater challenge the Service’s oil spill response plans for must submit an oil spill contingency because of both the difficulties walruses and polar bears in Alaska, plan. It is illegal to discharge oil into the associated with cleaning oil in sea-ice which is located at: https:// environment, and a reporting system along with the presence of wildlife in www.fws.gov/r7/fisheries/contaminants/ requires operators to report spills. those areas. Between 1977 and 1999, an average of pdf/Polar%20Bear Oiling of food sources, such as ringed _ 70 oil and 234 waste product spills seals, may result in indirect effects on %20WRP%20final%20v8 Public occurred annually on the North Slope polar bears, such as a local reduction in %20website.pdf. oilfields. Although most spills have ringed seal numbers, or a change to the BOEM has acknowledged that there been small by Industry standards (less local distribution of seals and bears. are difficulties in effective oil-spill than 50 bbl), larger spills (more than 500 More direct effects on polar bears could response in broken-ice conditions, and bbl) accounted for much of the annual occur from: (1) Ingestion of oiled prey, the National Academy of Sciences has volume. In the North Slope, a total of potentially resulting in reduced survival determined that ‘‘no current cleanup seven large spills occurred between of individual bears; (2) oiling of fur and methods remove more than a small 1985 and 2009. The largest of these subsequent ingestion of oil from fraction of oil spilled in marine waters, spills occurred in the spring of 2006 grooming; (3) oiling and fouling of fur especially in the presence of broken when approximately 6,190 bbl leaked with subsequent loss of insulation, ice.’’ BOEM advocates the use of non- from flow lines near an oil gathering leading to hypothermia; and (4) mechanical methods of spill response, center. More recently, several large disturbance, injury, or death from such as in-situ burning during periods spills have occurred. In 2012, 1,000 bbl interactions with humans during oil when broken ice would hamper an of drilling mud and 100 bbl of crude spill response activities. Polar bears may effective mechanical response (MMS were spilled in separate incidents; in be particularly vulnerable to 2008). An in-situ burn has the potential 2013, approximately 166 bbl of crude oil disturbance when nutritionally stressed to rapidly remove large quantities of oil was spilled; and in 2014, 177 bbl of and during denning. Cleanup operations and can be employed when broken-ice drilling mud was spilled. In 2016, 160 that disturb a den could result in death conditions may preclude mechanical bbl of mixed crude oil and produced of cubs through abandonment, and response. However, the resulting smoke water was spilled. These spills occurred perhaps, death of the female as well. In plume may contain toxic chemicals and primarily in the terrestrial environment spring, females with cubs of the year high levels of particulates that can pose in heavily industrialized areas not that denned near or on land and migrate health risks to marine mammals, birds, utilized by walruses or polar bears and to contaminated offshore areas may and other wildlife as well as to humans. therefore, posed little risk to the encounter oil following a spill (Stirling As a result, smoke trajectories must be animals. in Geraci and St. Aubin 1990). considered before making the decision

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29415

to burn spilled oil. Another potential sensitive to any habitat disturbance by circulate the hydrocarbons more non-mechanical response strategy is the human noise and response activities. In quickly, lowering the tolerance use of chemical dispersants to speed addition, due to the gregarious nature of threshold for ingestion or inhalation. dissipation of oil from the water surface walruses, an oil spill would most likely Walruses are benthic feeders, and and disperse it within the water column affect multiple individuals in the area. much of the benthic prey contaminated in small droplets. However, dispersant Walruses may also expose themselves by an oil spill would be killed use presents environmental trade-offs. more often to the oil that has immediately. Others that survived While walruses and polar bears would accumulated at the edge of a would become contaminated from oil in likely benefit from reduced surface or contaminated shore or ice lead if they bottom sediments, possibly resulting in shoreline oiling, dispersant use could repeatedly enter and exit the water. slower growth and a decrease in have negative impacts on the aquatic Walrus calves are most likely to suffer reproduction. Bivalve mollusks, a food chain. Oil spill cleanup in the the ill-effects of oil contamination. favorite prey species of the walrus, are broken-ice and open-water conditions Female walruses with calves are very not effective at processing hydrocarbon that characterize Arctic waters is attentive, and the calf will always stay compounds, resulting in highly problematic. close to its mother—including when the concentrated accumulations and long- female is foraging for food. Walrus term retention of the contamination Evaluation of Effects of Oil Spills on calves can swim almost immediately within the organism. Specifically, Pacific Walruses and Polar Bears after birth and will often join their bivalve mollusks bioconcentrate The MMPA does not authorize the mother in the water. It is possible that polycyclic aromatic hydrocarbons incidental take of marine mammals as an oiled calf will be unrecognizable to (PAHs). These compounds are a the result of illegal actions, such as oil its mother either by sight or by smell particularly toxic fraction of oil that spills. Any event that results in an and be abandoned. However, the greater may cause a variety of chronic toxic injurious or lethal outcome to a marine threat may come from an oiled calf that effects in exposed organisms, including mammal is not authorized under this is unable to swim away from the enzyme induction, immune impairment, proposed ITR. However, for the purpose contamination and a devoted mother or cancer, among others. In addition, of determining whether Industry that would not leave without the calf, because walruses feed primarily on activity would have a negligible effect resulting in the potential mortality of mollusks, they may be more vulnerable on walruses and polar bears, the Service both animals. Further, a nursing calf to a loss of this prey species than other evaluated the potential impacts of oil might ingest oil if the mother was oiled, pinnipeds that feed on a larger variety spills within the Beaufort Sea proposed also increasing the risk of injury or of prey. Furthermore, complete recovery ITR region. mortality. of a bivalve mollusk population may Walruses have thick skin and blubber Pacific Walrus take 10 years or more, forcing walruses layers for insulation. Heat loss is to find other food resources or move to As stated earlier, the Beaufort Sea is regulated by control of peripheral blood nontraditional areas. not within the primary range for flow through the animal’s skin and The relatively few walruses in the walruses. Therefore, the probability of blubber. The peripheral blood flow is Beaufort Sea and the low potential for walruses encountering oil or waste decreased in cold water and increased at a large oil spill (1,000 bbl or more), products as a result of a spill from warmer temperatures. Direct exposure which is discussed in the following Risk Industry activities is low. Onshore oil of walruses to oil is not believed to have Assessment Analysis, limit potential spills would not impact walruses unless any effect on the insulating capacity of impacts to walruses to only certain they occurred on or near beaches or oil their skin and blubber, although it is events (i.e., a large oil spill), which is moved into the offshore environment. unknown if oil could affect their further limited to only a handful of However, in the event of a spill that peripheral blood flow. individuals. Fueling crews have occurs during the open-water season, oil Damage to the skin of pinnipeds can personnel that are trained to handle in the water column could drift offshore occur from contact with oil because operational spills and contain them. If a and possibly encounter a small number some of the oil penetrates the skin, small offshore spill occurs, spill of walruses. Oil spills from offshore causing inflammation and death of some response vessels are stationed in close platforms could also contact walruses tissue. The dead tissue is discarded, proximity and respond immediately. under certain conditions. For example, leaving behind an ulcer. While these spilled oil during the ice-covered season skin lesions have only rarely been found Polar Bear that isn’t cleaned up could become part on oiled seals, the effects on walruses To date, large oil spills from Industry of the ice substrate and could eventually may be greater because of a lack of hair activities in the Beaufort Sea and coastal be released back into the environment to protect the skin. Direct exposure to regions that would impact polar bears during the following open-water season. oil can also result in conjunctivitis. Like have not occurred, although the interest Additionally, during spring melt, oil other pinnipeds, walruses are in and the development of offshore would be collected by spill response susceptible to oil contamination in their hydrocarbon reservoirs has increased activities, but it could eventually eyes. Continuous exposure to oil will the potential for large offshore oil spills. contact a limited number of walruses. quickly cause permanent eye damage. With limited background information Little is known about the effects of oil, Inhalation of hydrocarbon fumes available regarding oil spills in the specifically on walruses, as no studies presents another threat to marine Arctic environment, the outcome of have been conducted to date. mammals. In studies conducted on such a spill is uncertain. For example, Hypothetically, walruses may react to pinnipeds, pulmonary hemorrhage, in the event of a large spill equal to a oil much like other pinnipeds. Walruses inflammation, congestion, and nerve rupture in the Northstar pipeline and a are not likely to ingest oil while damage resulted after exposure to complete drain of the subsea portion of grooming since walruses have very little concentrated hydrocarbon fumes for a the pipeline (approximately 5,900 bbl), hair and exhibit no grooming behavior. period of 24 hours. If the walruses were oil would be influenced by seasonal Adult walruses may not be severely also under stress from molting, weather and sea conditions including affected by the oil spill through direct pregnancy, etc., the increased heart rate temperature, winds, wave action, and contact, but they will be extremely associated with the stress would currents. Weather and sea conditions

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29416 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

also affect the type of equipment needed impaired thermoregulation. increase the likelihood that polar bears for spill response and the effectiveness Experiments on live polar bears and and their principal prey would be oiled. of spill cleanup. Based on the pelts showed that the thermal value of To access ringed and bearded seals, experiences of cleanup efforts following the fur decreased significantly after polar bears in the SBS concentrate in the Exxon Valdez oil spill, where oiling, and oiled bears showed shallow waters less than 300 m (984 ft) logistical support was readily available, increased metabolic rates and elevated deep over the continental shelf and in spill response may be largely skin temperature. Oiled bears are also areas with greater than 50 percent ice unsuccessful in open-water conditions. likely to ingest oil as they groom to cover (Durner et al. 2004). Indeed, spill response drills have been restore the insulation value of the oiled Due to their seasonal use of nearshore unsuccessful in the cleanup of oil in fur. habitat, the times of greatest impact broken-ice conditions. Oil ingestion by polar bears through from an oil spill to polar bears are likely Small spills of oil or waste products consumption of contaminated prey, and the open-water and broken-ice periods throughout the year have the potential by grooming or nursing, could have (summer and fall), extending into the to impact some bears. The effects of pathological effects depending on the ice-covered season (Wilson et al. 2018). fouling fur or ingesting oil or wastes, amount of oil ingested and the This scenario is important because depending on the amount of oil or individual’s physiological state. Death distributions of polar bears are not wastes involved, could be short term or could occur if a large amount of oil was uniform through time. Nearshore and result in death. For example, in April ingested or if volatile components of oil offshore polar bear densities are greatest 1988, a dead polar bear was found on were aspirated into the lungs. In the in fall, and polar bear use of coastal Leavitt Island, northeast of Oliktok Canadian experiment (Ortisland et al. areas during the fall open-water period Point. The cause of death was 1981), two of three bears died. A has increased in recent years in the determined to be a mixture that suspected contributing factor to their Beaufort Sea. An analysis of data included ethylene glycol and deaths was ingestion of oil. collected from the period 2001–2005 Rhodamine B dye (Amstrup et al. 1989). Experimentally oiled bears ingested during the fall open-water period Again, in 2012, two dead polar bears large amounts of oil through grooming. concluded: (1) On average that had been exposed to Rhodamine B Much of the oil was eliminated by approximately 4 percent of the were found on Narwhal Island, vomiting and defecating; some was estimated polar bears in the Southern northwest of Endicott. While those absorbed and later found in body fluids Beaufort Sea stock were observed bears’ deaths were clearly human- and tissues. onshore in the fall; (2) 80 percent of caused, investigations were unable to Ingestion of sublethal amounts of oil bears onshore occurred within 15 km (9 identify a source for the chemicals. can have various physiological effects mi) of subsistence-harvested bowhead Rhodamine B is commonly used on the on polar bears, depending on whether whale carcasses, where large North Slope of Alaska by many people the animal is able to excrete or detoxify congregations of polar bears have been for many uses, including Industry. the hydrocarbons. Petroleum observed feeding; and (3) sea-ice Without identified sources of hydrocarbons irritate or destroy conditions affected the number of bears contamination, those bear deaths cannot epithelial cells lining the stomach and on land and the duration of time they be attributed to Industry activity. intestine, thereby affecting motility, spent there (Schliebe et al. 2006). During the ice-covered season, digestion, and absorption. Hence, bears concentrated in areas mobile, non-denning bears would have Polar bears swimming in or walking where beach-cast marine mammal a higher probability of encountering oil adjacent to an oil spill could inhale carcasses occur during the fall would or other production wastes than non- toxic, volatile organic compounds from likely be more susceptible to oiling. mobile, denning females. Current petroleum vapors. Vapor inhalation by Wilson et al. (2018) analyzed the management practices by Industry, such polar bears could result in damage to potential effects of a ‘‘worst case as requiring the proper use, storage, and the respiratory and central nervous discharge’’ (WCD) on polar bears in the disposal of hazardous materials, systems depending on the amount of Chukchi Sea. Their WCD scenario was minimize the potential occurrence of exposure. based on an Industry oil spill response such incidents. In the event of an oil Oil may also affect food sources of plan for offshore development in the spill, it is also likely that polar bears polar bears. Seals that die as a result of region and represented underwater would be intentionally hazed to keep an oil spill could be scavenged by polar blowouts releasing 25,000 bbls of crude them away from the area, further bears. This food source would increase oil per day for 30 days beginning in reducing the likelihood of impacting the exposure of the bears to hydrocarbons October. The results of this analysis population. and could result in lethal impacts or suggested that between 5 and 40 percent In 1980, Oritsland et al. (1981) reduced survival to individual bears. A of a stock of 2,000 polar bears in the performed experiments in Canada that local reduction in ringed seal numbers Chukchi Sea could be exposed to oil if studied the effects of oil exposure on as a result of direct or indirect effects of a WCD occurred. A similar analysis has polar bears. Effects on experimentally oil could temporarily affect the local not been conducted for the Beaufort Sea; oiled bears (where bears were forced to distribution of polar bears. A reduction however, given the extremely low remain in oil for prolonged periods of in density of seals as a direct result of probability (i.e., 0.0001) that an time) included acute inflammation of mortality from contact with spilled oil unmitigated WCD event would occur the nasal passages, marked epidermal could result in polar bears not using a (BOEM 2016, Wilson et al. 2017), the responses, anemia, anorexia, and particular area for hunting. Further, likelihood of such effects on polar bears biochemical changes indicative of possible impacts from the loss of a food in the Beaufort Sea is extremely low. stress, renal impairment, and death. source could reduce recruitment and/or The persistence of toxic subsurface oil Many effects did not become evident survival. and chronic exposures, even at until several weeks after the experiment. Spilled oil can concentrate and sublethal levels, can have long-term Oiling of the pelt causes significant accumulate in leads and openings that effects on wildlife (Peterson et al. 2003). thermoregulatory problems by reducing occur during spring break-up and Exposure to PAHs can have chronic insulation value. Irritation or damage to autumn freeze-up periods. Such a effects because some effects are the skin by oil may further contribute to concentration of spilled oil would sublethal (e.g., enzyme induction or

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29417

immune impairment) or delayed (e.g., prey or scavenging contaminated FR 52275, August 5, 2016). Although cancer). Although it is true that some carcasses, could also cause health there is a slowly growing body of bears may be directly affected by spilled effects, death, or otherwise affect rates scientific literature (e.g., Amstrup et al. oil initially, the long-term impact could of recruitment and survival. Depending 2006, Wilson et al. 2017), the be much greater. Long-term effects on the type and amount of oil or wastes background information available could be substantial through complex involved and the timing and location of regarding the effects of large oil spills on environmental interactions— a spill, impacts could be acute, chronic, polar bears in the marine arctic compromising the health of exposed temporary, or lethal. For the rates of environment is still limited, and thus animals. For example, PAHs can impact polar bear reproduction, recruitment, or the impact of a large oil spill is the food web by concentrating in filter- survival to be impacted, a large-volume uncertain. As far as is known, polar feeding organisms, thus affecting fish oil spill would have to take place. The bears have not been affected by oil that feed on those organisms, and the following section analyzes the spilled as a result of North Slope predators of those fish, such as the likelihood and potential effects of such Industry activities. ringed seals that polar bears prey upon. a large-volume oil spill. The oil-spill scenarios for this How these complex interactions would analysis include the potential impacts of Risk Assessment of Potential Effects affect polar bears is not well a large oil spill (i.e., 1,000 bbl or more) Upon Polar Bears From a Large Oil understood, but sublethal, chronic from one of the offshore Industry Spill in the Beaufort Sea effects of an oil spill may affect the facilities: Northstar, Spy Island, polar bear population due to reduced In this section, we qualitatively assess Oooguruk, Endicott, or the future fitness of surviving animals. the likelihood that polar bear Liberty. Estimating a large oil-spill Polar bears are biological sinks for populations on the North Slope may be occurrence is accomplished by some pollutants, such as affected by large oil spills. We examining a variety of factors and polychlorinated biphenyls or considered: (1) The probability of a large associated uncertainty, including organochlorine pesticides, because polar oil spill occurring in the Beaufort Sea; location, number, and size of a large oil bears are an apex predator of the Arctic (2) the probability of that oil spill spill and the wind, ice, and current ecosystem and are also opportunistic impacting coastal polar bear habitat; (3) conditions at the time of a spill. scavengers of other marine mammals. the probability of polar bears being in BOEM Oil Spill Risk Analysis Additionally, their diet is composed the area and coming into contact with mostly of high-fat sealskin and blubber that large oil spill; and (4) the number Because the BOEM OSRA provides (Norstrom et al. 1988). The highest of polar bears that could potentially be the most current and rigorous treatment concentrations of persistent organic impacted by the spill. Although most of of potential oil spills in the Beaufort Sea pollutants in Arctic marine mammals the information in this evaluation is Planning Area, our analysis of potential have been found in seal-eating walruses qualitative, the probability of all factors oil spill impacts applied the results of and polar bears near Svalbard (Norstrom occurring sequentially in a manner that BOEM’s OSRA (Li and Smith 2020) to et al. 1988, Andersen et al. 2001, Muir impacts polar bears in the Beaufort Sea help analyze potential impacts of a large et al. 1999). As such, polar bears would is low. Since walruses are not often oil spill originating in the Beaufort Sea be susceptible to the effects of found in the Beaufort Sea, and there is ITR region to polar bears. The OSRA bioaccumulation of contaminants, little information available regarding the quantitatively assesses how and where which could affect their reproduction, potential effects of an oil spill upon large offshore spills will likely move by survival, and immune systems. walruses, this analysis emphasizes polar modeling effects of the physical In addition, subadult polar bears are bears. environment, including wind, sea-ice, more vulnerable than adults to The analysis was based on polar bear and currents, on spilled oil. (Smith et al. environmental effects (Taylor et al. distribution and habitat use using four 1982, Amstrup et al. 2006a). 1987). Therefore, subadults would be sources of information that, when The OSRA estimated that the mean most prone to the lethal and sublethal combined, allowed the Service to make number of large spills is less than one effects of an oil spill due to their conclusions on the risk of oil spills to over the 20-year life of past, present, proclivity for scavenging (thus polar bears. This information included: and reasonably foreseeable increasing their exposure to oiled (1) The description of existing offshore developments in the Beaufort Sea marine mammals) and their oil and gas production facilities Planning Area. In addition, large spills inexperience in hunting. Due to the previously discussed in the Description are more likely to occur during greater maternal investment a weaned of Activities section; (2) polar bear development and production than subadult represents, reduced survival distribution information previously during exploration in the Arctic (MMS rates of subadult polar bears have a discussed in the Biological Information 2008). Our oil spill assessment during a greater impact on population growth section; (3) BOEM Oil-Spill Risk proposed 5-year regulatory period is rate and sustainable harvest than Analysis (OSRA) for the OCS (Li and predicated on the same assumptions. reduced litter production rates (Taylor Smith 2020), including polar bear et al. 1987). environmental resource areas (ERAs) Trajectory Estimates of Large Offshore Evaluation of the potential impacts of and land segments (LSs); and (4) the Oil Spills spilled Industry waste products and oil most recent polar bear risk assessment Although it is reasonable to conclude suggest that individual bears could be from the previous ITRs. that the chance of one or more large adversely impacted by exposure to these Development of offshore production spills occurring during the period of substances (Oritsland et al. 1981). The facilities with supporting pipelines these proposed regulations on the major concern regarding a large oil spill increases the potential for large offshore Alaskan OCS from production activities is the impact such a spill would have on spills. The probability of a large oil spill is low, for analysis purposes, we assume the rates of recruitment and survival of from offshore oil and gas facilities and that a large spill does occur in order to the SBS polar bear stock. Polar bear the risk to polar bears is a scenario that evaluate potential impacts to polar deaths from an oil spill could be caused has been considered in previous bears. The BOEM OSRA modeled the by direct exposure to the oil. However, regulations (71 FR 43926, August 2, trajectories of 3,240 oil spills from 581 indirect effects, such as a reduction of 2006; 76 FR 47010, August 3, 2011; 81 possible launch points in relation to the

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29418 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

shoreline and biological, physical, and harvested bowhead whale carcasses. denning habitat. Tundra-bearing barrier sociocultural resource areas specific to Specific aggregation areas include Point islands within the geographic region the Beaufort Sea. The chance that a large Utqigvik, Cross Island, and Kaktovik. In and near oilfield development are the oil spill will contact a specific ERA of recent years, more than 60 polar bears Jones Island group of Pingok, concern within a given time of travel have been observed feeding on whale Bertoncini, Bodfish, Cottle, Howe, from a certain location (launch area or carcasses just outside of Kaktovik, and Foggy, Tigvariak, and Flaxman Islands. pipeline segment) is termed a in the autumn of 2002, North Slope In addition, Cross Island has gravel ‘‘conditional probability.’’ Conditional Borough and Service biologists relief where polar bears have denned. probabilities assume that no cleanup documented more than 100 polar bears The Jones Island group is located in activities take place and there are no in and around Utqigvik. In order for ERA 92 and LS 97. If a spill were to efforts to contain the spill. significant impacts to polar bears to originate from an LA 2 pipeline segment We used two BOEM launch areas occur, (1) a large oil spill would have to during the summer months, the (LAs), LA 2 and LA 3, and one pipeline occur, (2) oil would have to contact an probability that this spill would contact segment (PL), PL 2, from Appendix A of area where polar bears aggregate, and (3) these land segments could be as great as the OSRA (Figure A2; Li and Smith the aggregation of polar bears would 15 percent. The probability that a spill 2020) to represent the oil spills moving have to occur at the same time as the from LA 3 would contact the Jones from hypothetical offshore areas. These spill. The risk of all three of these events Island group would range from 1 LAs and PLs were selected because of occurring simultaneously is low. percent to as high as 12 percent. their proximity to current and proposed We identified polar bear aggregations Likewise, for PL 2, the range would be offshore facilities. in environmental resource areas and from 3 percent to as high as 12 percent. non-grouped land segments (ERA 55, Oil-Spill-Trajectory Model Assumptions 93, 95, 96, 100; LS 85, 102, 107). The Risk Assessment From Prior ITRs For purposes of its oil spill trajectory OSRA estimates the chance of In previous ITRs, we used a risk simulation, BOEM made the following contacting these aggregations is 18 assessment method that considered oil assumptions: All spills occur percent or less (Table 11). The OSRA spill probability estimates for two sites instantaneously; large oil spills occur in estimates for LA 2 and LA 3 have the (Northstar and Liberty), oil spill the hypothetical origin areas or along highest chance of a large spill contacting trajectory models, and a polar bear the hypothetical PLs noted above; large ERA 96 in summer (Midway, Cross, and distribution model based on location of spills do not weather (i.e., become Bartlett islands). Some polar bears will satellite-collared females during degraded by weather conditions) for aggregate at these islands during September and October (68 FR 66744, purposes of trajectory analysis; August–October (3-month period). If a November 28, 2003; 71 FR 43926, weathering is calculated separately; the large oil spill occurred and contacted August 2, 2006; 76 FR 47010, August 3, model does not simulate cleanup those aggregation sites outside of the 2011; and 81 FR 52275, August 5, 2016). scenarios; the oil spill trajectories move timeframe of use by polar bears, To support the analysis for this action, as though no oil spill response action is potential impacts to polar bears would we reviewed the previous analysis and taken; and large oil spills stop when be reduced. used the data to compare the potential they contact the mainland coastline. Coastal areas provide important effects of a large oil spill in a nearshore denning habitat for polar bears, such as production facility (less than 5 mi), such Analysis of the Conditional Probability the ANWR and nearshore barrier islands as Liberty, and a facility located further Results (containing tundra habitat) (Amstrup offshore, such as Northstar. Even though As noted above, the chance that a 1993, Amstrup and Gardner 1994, the risk assessment of 2006 did not large oil spill will contact a specific Durner et al. 2006, USFWS unpubl. specifically model spills from the ERA of concern within a given time of data). Considering that 65 percent of Oooguruk or Nikaitchuq sites, we travel from a certain location (LA or PL), confirmed terrestrial dens found in believe it was reasonable to assume that assuming a large spill occurs and that Alaska in the period 1981–2005 were on the analysis for Liberty and indirectly, no cleanup takes place, is termed a coastal or island bluffs (Durner et al. Northstar, adequately reflected the ‘‘conditional probability.’’ From the 2006), oiling of such habitats could have potential impacts likely to occur from OSRA, Appendix B, we chose ERAs and negative effects on polar bears, although an oil spill at either of these additional land segments (LSs) to represent areas of the specific nature and ramifications of locations due to the similarity in the concern pertinent to polar bears (MMS such effects are unknown. nearshore locations. 2008a). Those ERAs and LSs and the Assuming a large oil spill occurs, conditional probabilities that a large oil tundra relief barrier islands (ERA 92, 93, Methodology of Prior Risk Assessment spill originating from the selected LAs and 94, LS 97 and 102) have up to an The first step of the risk assessment or PLs could affect those ERAs and LSs 18 percent chance of a large spill analysis was to examine oil spill are presented in a supplementary table contacting them from PL 2 (Table 11). probabilities at offshore production sites titled ‘‘Conditional Oil Spill The OSRA estimates suggest that there for the summer (July–October) and Probabilities’’ that can be found on is a 12 percent chance that oil would winter (November–June) seasons based http://www.regulations.gov under contact the coastline of the ANWR (GLS on information developed for the Docket No. FWS–R7–ES–2021–0037. 166). The Kaktovik area (ERA 95 and original Northstar and Liberty EISs. We From the information this table, we note 100, LS 107) has up to a one percent assumed that one large spill occurred the highest chance of contact and the chance of a spill contacting the during the 5-year period covered by the range of chances of contact that could coastline. The chance of a spill regulations. A detailed description of occur should a large spill occur from contacting the coast near Utqiagvik the methodology can be found at 71 FR LAs or PLs. (ERA 55, LS 85) would be as high as 15 43926 (August 2, 2006). The second step Polar bears are vulnerable to a large percent (Table 11). in the risk assessment was to estimate oil spill during the open-water period All barrier islands are important the number of polar bears that could be when bears form aggregations onshore. resting and travel corridors for polar impacted by a large spill. All modeled In the Beaufort Sea, these aggregations bears, and larger barrier islands that polar bear grid cell locations that were often form in the fall near subsistence- contain tundra relief are also important intersected by one or more cells of a

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29419

rasterized spill path (a modeled group of oiled from the Liberty simulation site containing, recovering, and cleaning up hundreds of oil particles forming a for September and October were 1 and oil spills in Arctic marine trajectory and pushed by winds and 3 bears, respectively. Variation occurred environments, particularly the concern currents and impeded by ice) were among oil spill scenarios, resulting from that effective oil spill cleanup during considered ‘‘oiled’’ by a spill. For differences in oil spill trajectories poor weather and broken-ice conditions purposes of the analysis, if a bear among those scenarios and not the has not been proven. Given this contacted oil, the contact was assumed result of variation in the estimated bear uncertainty, limiting the likelihood of a to be lethal. This analysis involved densities. For example, in October, 75 large oil spill becomes an even more estimating the distribution of bears that percent of trajectories from the 5,912-bbl important consideration. Industry oil could be in the area and overlapping spill affected 20 or fewer polar bears spill contingency plans describe polar bear distributions and seasonal from spills originating at the Northstar methodologies put in place to prevent a aggregations with oil spill trajectories. simulation site and 9 or fewer bears spill from occurring. For example, all The trajectories previously calculated from spills originating at the Liberty current offshore production facilities for Northstar and Liberty sites were simulation site. have spill containment systems in place used. The trajectories for Northstar and When calculating the probability that at the well heads. In the event an oil Liberty were provided by the BOEM and a 5,912-bbl spill would oil five or more discharge should occur, containment were reported in Amstrup et al. (2006a). bears during the annual fall period, we systems are designed to collect the oil BOEM estimated probable sizes of oil found that oil spills and trajectories before it makes contact with the spills from a pinhole leak to a rupture were more likely to affect fewer than environment. in the transportation pipeline. These five bears versus more than five bears. With the limited background spill sizes ranged from a minimum of Thus, for Northstar, the chance that a information available regarding oil 125 to a catastrophic release event of 5,912-bbl oil spill affected (resulting in spills in the Arctic environment, it is 5,912 bbl. Researchers set the size of the mortality) 5 or more bears was 1.0–3.4 unknown what the outcome of such a modeled spill at the scenario of 5,912 percent; 10 or more bears was 0.7–2.3 spill event would be if one were to bbl caused by a pinhole or small leak for percent; and 20 or more bears was 0.2– occur. For example, polar bears could 60 days under ice without detection. 0.8 percent. For Liberty, the probability encounter oil spills during the open- The second step of the risk of a spill that would affect 5 or more water and ice-covered seasons in assessment analysis incorporated polar bears was 0.3–7.4 percent; 10 or more offshore or onshore habitat. Although bear densities overlapped with the oil bears, 0.1–0.4 percent; and 20 or more most polar bears in the SBS stock spend spill trajectories. To accomplish this, in bears, 0.1–0.2 percent. a large amount of their time offshore on 2004, USGS completed an analysis the pack ice, it is likely that some bears Discussion of Prior Risk Assessment investigating the potential effects of would encounter oil from a large spill hypothetical oil spills on polar bears. Based on the simulations, a nearshore that persisted for 30 days or more. Movement and distribution information island production site (less than 5 mi An analysis of the potential effects of were derived from radio and satellite from shore) would potentially involve a ‘‘worst case discharge’’ (WCD) on locations of collared adult females. less risk of polar bears being oiled than polar bears in the Chukchi Sea Density estimates were used to a facility located farther offshore (greater suggested that between 5 and 40 percent determine the distribution of polar bears than 5 mi). For any spill event, of a stock of 2,000 polar bears could be in the Beaufort Sea. Researchers then seasonality of habitat use by bears will exposed to oil if a WCD occurred created a grid system centered over the be an important variable in assessing (Wilson et al. 2017). A similar analysis Northstar production island and the risk to polar bears. During the fall has not been conducted for the Beaufort Liberty site to estimate the number of season when a portion of the SBS bear Sea; however, given the extremely low bears expected to occur within each 1- stock aggregate on terrestrial sites and probability (i.e., 0.0001) that an km2 grid cell. Each of the simulated oil use barrier islands for travel corridors, unmitigated WCD event would occur spills were overlaid with the polar bear spill events from nearshore industrial (BOEM 2015, Wilson et al. 2017), the distribution grid. Finally, the likelihood facilities may pose more chance of likelihood of such effects on polar bears of occurrence of bears oiled during the exposing bears to oil due to its in the Beaufort Sea is extremely low. duration of the proposed 5-year ITRs persistence in the nearshore Although the extent of impacts from was estimated. This likelihood was environment. Conversely, during the a large oil spill would depend on the calculated by multiplying the number of ice-covered and summer seasons, size, location, and timing of spills polar bears oiled by the spill by the Industry facilities located farther relative to polar bear distributions along percentage of time bears were at risk for offshore (greater than 5 mi) may with the effectiveness of spill response each period of the year. increase the chance of bears being and cleanup efforts, under some In summary, the maximum numbers exposed to oil as bears will be scenarios, stock-level impacts could be of bears potentially oiled by a 5,912-bbl associated with the ice habitat. expected. A large spill originating from spill during the September open-water a marine oil platform could have season from Northstar was 27, and the Conclusion of Risk Assessment significant impacts on polar bears if an maximum from Liberty was 23, To date, documented oil spill-related oil spill contacted an aggregation of assuming a large oil spill occurred and impacts in the marine environment to polar bears. Likewise, a spill occurring no cleanup or mitigation measures took polar bears in the Beaufort Sea by the during the broken-ice period could place. Potentially oiled polar bears oil and gas Industry are minimal. No significantly impact the SBS polar bear ranged up to 74 bears with up to 55 large spills by Industry in the marine stock in part because polar bears may be bears during October in mixed-ice environment have occurred in Arctic more active during this season. conditions for Northstar and Liberty, Alaska. Nevertheless, the possibility of If an offshore oil spill contaminated respectively. Median number of bears oil spills from Industry activities and numerous bears, a potentially oiled by the 5,912-bbl spill from the the subsequent impacts on polar bears significant impact to the SBS stock Northstar simulation site in September that contact oil remain a major concern. could result. This effect would be and October were 3 and 11 bears, There has been much discussion magnified in and around areas of polar respectively. Median numbers of bears about effective techniques for bear aggregations. Bears could also be

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29420 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

affected indirectly either by food Take Estimates for Pacific Walruses observed bears. No other forms of take contamination or by chronic lasting and Polar Bears or harassment were observed. Annually an average of 340 polar bears were effects caused by exposure to oil. During Small Numbers Determinations and observed during Industry activities. The the 5-year period of these proposed Findings regulations, however, the chance of a number of Level B harassment events large spill occurring is low. The following analysis concludes that has averaged 53 per year from 2014 to only small numbers of walruses and 2018. We conclude that over the 5-year While there is uncertainty in the polar bears are likely to be subjected to period of this proposed ITR, Industry analysis, certain factors must align for take incidental to the described Industry activities will result in a similarly small polar bears to be impacted by a large oil activities relative to their respective number of incidental harassments of spill occurring in the marine stocks. For our small numbers polar bears, and that those events will environment. First, a large spill must determination, we consider whether the be similarly limited to Level B occur. Second, the large spill must estimated number of marine mammals harassment. contaminate areas where bears may be to be subjected to incidental take is Based on this information, we located. Third, polar bears must be small relative to the population size of estimate that there will be no more than seasonally distributed within the the species or stock. 443 Level B harassment takes of polar affected region when the oil is present. 1. The estimated number of walruses bears during the 5-year period of this Assuming a large spill occurs, BOEM’s and polar bears that will be harassed by proposed ITR, with no more than 92 OSRA estimated that there is up to a 6 Industry activity is small relative to the occurring within a single year. Take of percent chance that a large spill from number of animals in their stocks. 92 animals is 10.14 percent of the best As stated previously, walruses are the analyzed sites would contact Cross available estimate of the current stock extralimital in the Beaufort Sea with size of 907 animals in the Southern Island (ERA 96) within 360 days, as nearly the entire walrus population much as a 12 percent chance that it Beaufort Sea stock (Bromaghin et al. found in the Chukchi and Bering Seas. 2015, Atwood et al. 2020) ((92 ÷ 907) × would contact Barter Island and/or the Industry monitoring reports have 100 ≈ 10.14), and represents a ‘‘small coast of the ANWR (ERA 95 and 100, LS observed no more than 38 walruses number’’ of polar bears of that stock. 107, and GLS 166), and up to a 15 between 1995 and 2015, with only a few The incidental Level B harassment of no percent chance that an oil spill would observed instances of disturbance to more than 92 polar bears each year is contact the coast near Utqigvik (ERA 55, those walruses (AES Alaska 2015, unlikely to lead to significant LS 85) during the summer time period. USFWS unpublished data). Between consequences for the health, Data from polar bear coastal surveys those years, Industry walrus reproduction, or survival of affected indicate that polar bears are unevenly observations in the Beaufort Sea ITR animals. All takes are anticipated to be and seasonally distributed along the region averaged approximately two incidental Level B harassment involving coastal areas of the Beaufort Sea ITR walruses per year, although the actual short-term and temporary changes in region. Seasonally, only a portion of the observations were of a single or two bear behavior. The required mitigation SBS stock utilizes the coastline between animals, often separated by several and monitoring measures described in the Alaska-Canada border and Utqiagvik years. At most, only a tiny fraction of the proposed regulations are expected to and only a portion of those bears could the Pacific walrus population—which is prevent any lethal or injurious takes. be in the oil-spill-affected region. comprised of hundreds of thousands of 2. Within the specified geographical animals—may be found in areas region, the area of Industry activity is As a result of the information potentially affected by AOGA’s expected to be small relative to the considered here, the Service concludes specified activities. We do not range of walruses and polar bears. that the likelihood of an offshore spill anticipate that seasonal movements of a Walruses and polar bears range well from an offshore production facility in few walruses into the Beaufort Sea will beyond the boundaries of the proposed the next 5 years is low. Moreover, in the significantly increase over the 5-year Beaufort Sea ITR region. As such, the unlikely event of a large spill, the period of this proposed ITR. The ITR region itself represents only a subset likelihood that spills would estimated take of 15 Pacific walruses per of the potential area in which these contaminate areas occupied by large year from a population numbering species may occur. Further, only seven numbers of bears is low. While approximately 283,213 animals percent of the ITR area (518,800 ha of individual bears could be negatively represents 0.005 percent of that 7.9 million ha) is estimated to be affected by a spill, the potential for a population. We therefore find that the impacted by the proposed Industry stock-level effect is low unless the spill Industry activities specified in AOGA’s activities, even accounting for a contacted an area where large numbers Request would result in only a small disturbance zone surrounding industrial of polar bears were gathered. Known number of incidental harassments of facility and transit routes. Thus, the polar bear aggregations tend to be walruses. Service concludes that the area of seasonal during the fall, further The Beaufort Sea ITR region is Industry activity will be relatively small completely within the range of the SBS minimizing the potential of a spill to compared to the range of walruses and stock of polar bears, and during some impact the stock. Therefore, we polar bears. portions of the year polar bears can be conclude that the likelihood of a large frequently encountered by Industry. Conclusion spill occurring is low, but if a large spill From 2014 through 2018, Industry made We expect that only small numbers of does occur, the likelihood that it would 1,166 reports of polar bears comprising Pacific walruses and SBS polar bears contaminate areas occupied by large 1,698 bears. However, when we stocks would be taken by the Industry numbers of polar bears is also low. If a evaluated the effects upon the 1,698 activities specified in AOGA’s Request large spill does occur, we conclude that bears observed, we found that 84 because: (1) Only a small proportion of only small numbers of polar bears are percent (1,434) did not result in take. the walrus or polar bear stocks will likely to be affected, though some bears Over those 5 years, Level B harassments occur in the areas where Industry may be killed, and there would be only of polar bears totaled 264, activities will occur; and (2) only small a negligible impact to the SBS stock. approximately 15.5 percent of the numbers will be impacted because

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29421

walruses are extralimital in the Beaufort Beaufort Sea ITR region, undisturbed by potential for a significant impact with Sea and SBS polar bears are widely the Industry activity. the likelihood of that event occurring. distributed throughout their expansive 3. The footprint of the proposed The specific Congressional direction range, which encompasses areas beyond Industry activities is expected to be that justifies balancing probabilities the Beaufort Sea ITR region. small relative to the range of the walrus with impacts follows: and polar bear stocks. If potential effects of a specified activity Negligible Impacts Determination and The relatively small area of Industry Finding are conjectural or speculative, a finding of activity compared to the ranges of negligible impact may be appropriate. A Based on the best scientific walruses and polar bears will reduce the finding of negligible impact may also be information available, the results of potential of their exposure to and appropriate if the probability of occurrence is Industry monitoring data from the disturbance from Industry activities. low but the potential effects may be previous ITRs, the review of the 4. The type of harassment that is significant. In this case, the probability of information generated by the listing of estimated is not expected to have effects occurrence of impacts must be balanced with the polar bear as a threatened species on annual rates of recruitment of the potential severity of harm to the species or stock when determining negligible impact. and the designation of polar bear critical survival. In applying this balancing test, the Service habitat, the results of our modeling The Service does not anticipate any will thoroughly evaluate the risks involved assessments, and the status of the lethal or injurious take that would and the potential impacts on marine mammal stocks, we find that any incidental take remove individual polar bears or Pacific populations. Such determination will be reasonably likely to result from the walruses from the population or prevent made based on the best available scientific effects of Industry activities during the their successful reproduction. information (53 FR 8474, March 15, 1988; period of the proposed ITRs, in the Harassment events are anticipated to be 132 Cong. Rec. S 16305 (October. 15, 1986)). specified geographic region will have no limited to human interactions that lead We reviewed the effects of the oil and more than a negligible impact on to short-term behavioral disturbances. gas Industry activities on walruses and walruses and polar bears. We do not These disturbances would not affect the polar bears, including impacts from expect that the total of these rates of recruitment or survival for the surface interactions, aircraft overflights, disturbances will affect rates of walrus and polar bear stocks. These maritime activities, and oil spills. Based recruitment or survival for walruses or proposed regulations do not authorize on our review of these potential polar bears. Factors considered in our lethal take, and we do not anticipate any impacts, past LOA monitoring reports, negligible impacts determination lethal take will occur. and the biology and natural history of include: 4. Mitigation measures will limit walrus and polar bear, we conclude that 1. The behavior and distribution of potential effects of Industry activities. any incidental take reasonably likely to walruses and polar bears in areas that If these regulations are finalized, occur as a result of projected activities overlap with Industry activities are holders of an LOA will be required to will be limited to short term behavioral expected to limit interactions of adopt monitoring requirements and disturbances that would not affect the walruses and polar bears with those mitigation measures designed to reduce rates of recruitment or survival for the activities. the potential impacts of their operations walrus and polar bear stocks. These The distribution and habitat use on walruses and polar bears. Seasonal proposed regulations do not authorize patterns of walruses and polar bears restrictions, early detection monitoring lethal take, and we do not anticipate any indicate that relatively few animals will programs, den detection surveys for lethal take will occur. occur in the proposed areas of Industry polar bears, and adaptive mitigation and The probability of an oil spill that will activity at any particular time, and management responses based on real- cause significant impacts to walruses therefore, few animals are likely to be time monitoring information (described and polar bears appears extremely low. affected. As discussed previously, only in these regulations) will be used to We have included information from small numbers of walruses are likely to avoid or minimize interactions with both offshore and onshore projects in be found in the Beaufort Sea where and walruses and polar bears and, therefore, our oil spill analysis. We have analyzed when offshore Industry activities are limit potential Industry disturbance of the likelihood of a marine oil spill of the proposed. Likewise, SBS polar bears are these animals. magnitude necessary to lethally take a widely distributed across a range that In making this finding, we considered significant number of polar bears for much greater than the geographic scope the following: The distribution of the offshore projects and, through a risk of the proposed ITRs, are most often species; the biological characteristics of assessment analysis, found that it is closely associated with pack ice, and are the species; the nature of Industry unlikely that there will be any lethal unlikely to interact with the open water activities; the potential effects of take associated with a release of oil. In industrial activities specified in AOGA’s Industry activities and potential oil the unlikely event of a catastrophic Request, much less the majority of spills on the species; the probability of spill, we will take immediate action to activities that would occur onshore. oil spills occurring; the documented minimize the impacts to these species 2. The predicted effects of Industry impacts of Industry activities on the and reconsider the appropriateness of activities on walruses and polar bears species, taking into consideration authorizations for incidental taking will be incidental nonlethal, temporary cumulative effects; the potential impacts through section 101(a)(5)(A) of the takes of animals. of climate change, where both walruses MMPA. The documented impacts of previous and polar bears can potentially be We have evaluated climate change Industry activities on walruses and displaced from preferred habitat; regarding walruses and polar bears. polar bears, taking into consideration mitigation measures designed to Climate change is a global phenomenon cumulative effects, suggests that the minimize Industry impacts through and was considered as the overall driver types of activities analyzed for this adaptive management; and other data of effects that could alter walrus and proposed ITR will have minimal effects provided by Industry monitoring polar bear habitat and behavior. and will be short-term, temporary programs in the Beaufort and Chukchi Although climate change is a pressing behavioral changes. The vast majority of Seas. conservation issue for walruses and reported polar bear observations have We also considered the specific polar bears, we have concluded that the been of polar bears moving through the Congressional direction in balancing the authorized taking of walruses and polar

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29422 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

bears during the activities proposed by disturbance from the specified oil and and what actions will be taken to avoid Industry during this proposed 5-year gas activities. interference with subsistence hunting of rule will not adversely impact the walruses and polar bears, as warranted. Impacts on Subsistence Uses survival of these species and will have The Service has not received any no more than negligible effects. Based on community consultations, reports and is aware of no information locations of hunting areas, the potential that indicates that walruses or polar Conclusion overlap of hunting areas and Industry bears are being or will be deflected from We conclude that any incidental take projects, the best scientific information hunting areas or impacted in any way reasonably likely to occur in association available, and the results of monitoring that diminishes their availability for with the proposed Industry activities data, we proposed a finding that take subsistence use by the expected level of addressed under these proposed caused by oil and gas exploration, oil and gas activity. If there is evidence regulations will have no more than a development, and production activities during the 5-year period of the proposed negligible impact on the Pacific walrus in the specified geographic region will regulations that oil and gas activities are population and the SBS stock of polar not have an unmitigable adverse impact affecting the availability of walruses or bears. We do not expect any resulting on the availability of walruses and polar polar bears for take for subsistence uses, disturbance to negatively impact the bears for taking for subsistence uses we will reevaluate our findings rates of recruitment or survival for the during the proposed timeframe. In regarding permissible limits of take and walrus and polar bear stocks. These making this proposed finding, we the measures required to ensure proposed regulations do not authorize considered the following: Records on continued subsistence hunting lethal take, and we do not anticipate subsistence harvest from the Service’s opportunities. that any lethal take will occur. Marking, Tagging, and Reporting Program; community consultations; Monitoring and Reporting Least Practicable Adverse Impacts effectiveness of the Plan of Cooperation The purpose of monitoring We evaluated the practicality and (POC) process between Industry and requirements is to assess the effects of effectiveness of mitigation measures affected Native communities; and industrial activities on walruses and based on the nature, scope, and timing anticipated 5-year effects of Industry polar bears, ensure that take is of Industry activities; the best available activities on subsistence hunting. consistent with that anticipated in the scientific information; and monitoring While walruses and polar bears negligible impact and subsistence use data during Industry activities in the represent a small portion, in terms of analyses, and detect any unanticipated specified geographic region. We have the number of animals, of the total effects on the species or stocks. determined that the mitigation measures subsistence harvest for the communities Monitoring plans document when and included within AOGA’s request will of Utqiagvik, Nuiqsut, and Kaktovik, the how bears and walruses are ensure least practicable adverse impacts harvest of these species is important to encountered, the number of bears and on polar bears and Pacific walruses Alaska Natives. Prior to receipt of an walruses, and their behavior during the (AOGA 2021). LOA, Industry must provide evidence to encounter. This information allows the The Service collaborated extensively us that community consultations have Service to measure encounter rates and with AOGA prior to the submission of occurred or that an adequate POC has trends of walrus and polar bear activity their final Request to identify effective been presented to the subsistence in the industrial areas (such as numbers and practicable mitigation measures for communities. Industry will be required and gender, activity, seasonal use) and the proposed activities. Polar bear den to contact subsistence communities that to estimate numbers of animals surveys before activities begin during may be affected by its activities to potentially affected by Industry. the denning season, and the resulting discuss potential conflicts caused by Monitoring plans are site-specific, 1.6-km (1-mi) operational exclusion location, timing, and methods of dependent on the proximity of the zone around all known polar bear dens proposed operations. Industry must activity to important habitat areas, such and restrictions on the timing and types make reasonable efforts to ensure that as den sites, travel corridors, and food of activities in the vicinity of dens will activities do not interfere with sources; however, Industry is required ensure that impacts to denning female subsistence hunting and that adverse to report all sightings of walruses and polar bears and their cubs are effects on the availability of walruses polar bears. To the extent possible, minimized during this critical time. and polar bear are minimized. Although monitors will record group size, age, Minimum flight elevations over polar multiple meetings for multiple projects sex, reaction, duration of interaction, bear areas and flight restrictions around from numerous operators have already and closest approach to Industry known polar bear dens would reduce taken place, no official concerns have onshore. Activities within the specified the potential for bears to be disturbed by been voiced by the Alaska Native geographic region may incorporate daily aircraft. Additionally, AOGA will communities regarding Industry watch logs as well, which record 24- implement mitigation measures to activities limiting availability of hour animal observations throughout prevent the presence and impact of walruses or polar bears for subsistence the duration of the project. Polar bear attractants such as the use of wildlife- uses. However, should such a concern monitors will be incorporated into the resistant waste receptacles and be voiced as Industry continues to reach monitoring plan if bears are known to enclosing access doors and stairs. These out to the Alaska Native communities, frequent the area or known polar bear measures will be outlined in polar bear development of POCs, which must dens are present in the area. At offshore and walrus interaction plans that are identify measures to minimize any Industry sites, systematic monitoring developed in coordination with the adverse effects, will be required. The protocols will be implemented to Service prior to starting activities. Based POC will ensure that oil and gas statistically monitor observation trends on the information we currently have activities will not have an unmitigable of walruses or polar bears in the regarding den and aircraft disturbance adverse impact on the availability of the nearshore areas where they usually and polar bear attractants, we concluded species or stock for subsistence uses. occur. that the mitigation measures outlined in This POC must provide the procedures Monitoring activities will be AOGA’s request (AOGA 2021) will addressing how Industry will work with summarized and reported in a formal practically and effectively minimize the affected Alaska Native communities report each year. The applicant must

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29423

submit an annual monitoring and comments should be as specific as Endangered Species Act reporting plan at least 90 days prior to possible. For example, you should tell Under the ESA, all Federal agencies the initiation of a proposed activity, and us the numbers of the sections or are required to ensure the actions they the applicant must submit a final paragraphs that you find unclear, which authorize are not likely to jeopardize the monitoring report to us no later than 90 sections or sentences are too long, the continued existence of any threatened days after the expiration of the LOA. We sections where you feel lists or tables or endangered species or result in base each year’s monitoring objective on would be useful, etc. destruction or adverse modification of the previous year’s monitoring results. Required Determinations critical habitat. In 2008, the Service We require an approved plan for listed the polar bear as a threatened monitoring and reporting the effects of Treaty Obligations species under the ESA (73 FR 28212, oil and gas Industry exploration, May 15, 2008) and later designated development, and production activities The proposed ITR is consistent with critical habitat for polar bear on polar bears and walruses prior to the 1973 Agreement on the subpopulations in the United States, issuance of an LOA. Since production Conservation of Polar Bears, a effective January 6, 2011 (75 FR 76086, activities are continuous and long term, multilateral treaty executed in Oslo, December 7, 2010). Consistent with upon approval, LOAs and their required Norway, among the Governments of these statutory requirements, the monitoring and reporting plans will be Canada, Denmark, Norway, the Soviet Service’s Marine Mammal Management issued for the life of the activity or until Union, and the United States. Article II Office has initiated intra-Service section the expiration of the regulations, of this Polar Bear Agreement lists three 7 consultation regarding the effects of whichever occurs first. Each year, prior obligations of the Parties in protecting these regulations on polar bears with the to January 15, we will require that the polar bear habitat. Parties are obliged to: Service’s Fairbanks’ Ecological Services operator submit development and (1) Take appropriate action to protect Field Office. The Service has found the production activity monitoring results the ecosystem of which polar bears are issuance of the proposed ITR will not of the previous year’s activity. We a part; (2) give special attention to affect other listed species or designated require approval of the monitoring habitat components such as denning critical habitat. We will complete the results for continued operation under and feeding sites and migration consultation prior to finalizing these the LOA. patterns; and (3) manage polar bear proposed regulations. Request for Public Comments subpopulations in accordance with sound conservation practices based on Regulatory Planning and Review If you wish to comment on this the best available scientific data. Executive Order 12866 provides that proposed regulation or the associated the Office of Information and Regulatory draft environmental assessment, you This rule, if finalized, will further Affairs (OIRA) in the Office of may submit your comments by any of consistency with the Service’s treaty Management and Budget (OMB) will the methods described in ADDRESSES. obligations through incorporation of review all significant rules for a Please identify if you are commenting mitigation measures that ensure the determination of significance. OMB has on the proposed regulation, the draft protection of polar bear habitat. Any LOAs issued pursuant to this rule designated this rule as not significant. environmental assessment, or both, Executive Order 13563 reaffirms the make your comments as specific as would adhere to the requirements of the rule and would be conditioned upon principles of Executive Order 12866 possible, confine them to issues while calling for improvements in the pertinent to the proposed regulation, including area or seasonal timing limitations or prohibitions, such as nation’s regulatory system to promote and explain the reason for any changes predictability, reduce uncertainty, and placing 1.6-km (1-mi) avoidance buffers you recommend. Where possible, your use the best, most innovative, and least around known or observed dens (which comments should reference the specific burdensome tools for achieving halts or limits activity until the bear section or paragraph that you are regulatory ends. The Executive order naturally leaves the den) and addressing. The Service will consider directs agencies to consider regulatory monitoring the effects of the activities all comments that are received by the approaches that reduce burdens and on polar bears. Available denning close of the comment period (see maintain flexibility and freedom of DATES habitat maps are provided by the USGS. ). choice for the public where these Clarity of This Rule National Environmental Policy Act approaches are relevant, feasible, and We are required by Executive Orders (NEPA) consistent with regulatory objectives. Executive Order 13563 emphasizes 12866 and 12988 and by the Per the National Environmental Presidential Memorandum of June 1, further that regulations must be based Policy Act (NEPA; 42 U.S.C. 4321, et 1998, to write all rules in plain on the best available science and that seq.), the Service must evaluate the language. This means that each rule we the rulemaking process must allow for effects of the proposed action on the publish must: public participation and an open (a) Be logically organized; human environment. We have prepared exchange of ideas. We have developed (b) Use the active voice to address a draft environmental assessment (EA) this proposed rule in a manner readers directly; in conjunction with this proposed consistent with these requirements. (c) Use common, everyday words and rulemaking. Subsequent to the closure OIRA bases its determination upon clear language rather than jargon; of the comment period for this proposed the following four criteria: (a) Whether (d) Be divided into short sections and rule, we will finalize the EA and decide the rule will have an annual effect of sentences; and whether this rulemaking is a major $100 million or more on the economy or (e) Use lists and tables wherever Federal action significantly affecting the adversely affect an economic sector, possible. quality of the human environment productivity, jobs, the environment, or If you feel that we have not met these within the meaning of Section 102(2)(C) other units of the government; (b) requirements, send us comments by one of the NEPA. See Request for Public whether the rule will create of the methods listed in ADDRESSES. To Comments, above, if you wish to inconsistencies with other Federal better help us revise the rule, your provide comment on our draft EA. agencies’ actions; (c) whether the rule

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29424 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

will materially affect entitlements, Takings Implications (December 1, 2011), and 3342 (October grants, user fees, loan programs, or the This proposed rule does not have 21, 2016); rights and obligations of their recipients; takings implications under Executive (5) the Department of the Interior’s (d) whether the rule raises novel legal or Order 12630 because it authorizes the policies on consultation with Tribes and policy issues. nonlethal, incidental, but not with Alaska Native Corporations; and Expenses will be related to, but not intentional, take of walruses and polar necessarily limited to: The development (6) Presidential Memorandum on of applications for LOAs; monitoring, bears by Industry and thereby, exempts Tribal Consultation and Strengthening recordkeeping, and reporting activities these companies from civil and criminal Nation-to-Nation Relationships (January conducted during Industry oil and gas liability as long as they operate in 21, 2021). compliance with the terms of their operations; development of polar bear We have evaluated possible effects of interaction plans; and coordination with LOAs. Therefore, a takings implications assessment is not required. the proposed ITR on federally Alaska Natives to minimize effects of recognized Alaska Native Tribes and operations on subsistence hunting. Federalism Effects corporations and have concluded the Compliance with the proposed rule is This rule does not contain policies issuance of the ITR does not require not expected to result in additional formal consultation with Alaska Native costs to Industry that it has not already with Federalism implications sufficient to warrant preparation of a federalism Tribes and corporations. Through the borne under all previous ITRs. proposed ITR process identified in the Realistically, these costs are minimal in assessment under Executive Order 13132. The MMPA gives the Service the MMPA, the AOGA has presented a comparison to those related to actual oil communication process, culminating in and gas exploration, development, and authority and responsibility to protect walruses and polar bears. a POC if needed, with the Native production operations. The actual costs organizations and communities most to Industry to develop the request for Unfunded Mandates Reform Act likely to be affected by their work. The promulgation of regulations and LOA applicant has engaged these groups in requests probably do not exceed In accordance with the Unfunded informational communications. We $500,000 per year, short of the ‘‘major Mandates Reform Act (2 U.S.C. 1501 et invited continued discussion about the rule’’ threshold that would require seq.), this proposed rule will not proposed ITR. preparation of a regulatory impact ‘‘significantly or uniquely’’ affect small analysis. As is presently the case, profits governments. A Small Government In addition, to facilitate co- will accrue to Industry; royalties and Agency Plan is not required. The management activities, the Service taxes will accrue to the Government; Service has determined and certifies maintains cooperative agreements with and the proposed rule will have little or pursuant to the Unfunded Mandates the Eskimo Walrus Commission (EWC) no impact on decisions by Industry to Reform Act that this rulemaking will not and the Qayassiq Walrus Commission relinquish tracts and write off bonus impose a cost of $100 million or more (QWC) and is working towards payments. in any given year on local or State developing such an agreement with the governments or private entities. This newly formed Alaska Nannut Co- Small Business Regulatory Enforcement rule will not produce a Federal mandate Management Council (ANCC). The Fairness Act of $100 million or greater in any year, cooperative agreements fund a wide We have determined that this i.e., it is not a ‘‘significant regulatory variety of management issues, proposed rule is not a major rule under action’’ under the Unfunded Mandates including: Commission co-management 5 U.S.C. 804(2), the Small Business Reform Act. operations; biological sampling Regulatory Enforcement Fairness Act. Government-to-Government programs; harvest monitoring; collection The rule is also not likely to result in Coordination of Native knowledge in management; a major increase in costs or prices for international coordination on It is our responsibility to consumers, individual industries, or management issues; cooperative communicate and work directly on a government agencies or have significant enforcement of the MMPA; and Government-to-Government basis with adverse effects on competition, development of local conservation federally recognized Tribes in employment, productivity, innovation, plans. To help realize mutual developing programs for healthy or on the ability of United States-based management goals, the Service, EWC, ecosystems. We are also required to enterprises to compete with foreign- ANCC, and QWC regularly hold consult with Alaska Native based enterprises in domestic or export meetings to discuss future expectations markets. Corporations. We seek their full and meaningful participation in evaluating and outline a shared vision of co- Regulatory Flexibility Act and addressing conservation concerns management. We have also determined that this for protected species. It is our goal to The Service also has ongoing proposed rule will not have a significant remain sensitive to Alaska Native cooperative relationships with the North economic effect on a substantial number culture and to make information Slope Borough and the Inupiat- of small entities under the Regulatory available to Alaska Natives. Our efforts Inuvialuit Game Commission where we Flexibility Act (5 U.S.C. 601 et seq.). Oil are guided by the following policies and work cooperatively to ensure that data companies and their contractors directives: collected from harvest and research are conducting exploration, development, (1) The Native American Policy of the used to ensure that polar bears are and production activities in Alaska have Service (January 20, 2016); available for harvest in the future; been identified as the only likely (2) the Alaska Native Relations Policy provide information to co-management applicants under the regulations, and (currently in draft form); partners that allows them to evaluate these potential applicants have not been (3) Executive Order 13175 (January 9, harvest relative to their management identified as small businesses. 2000); agreements and objectives; and provide Therefore, neither a regulatory (4) Department of the Interior information that allows evaluation of flexibility analysis nor a small entity Secretarial Orders 3206 (June 5, 1997), the status, trends, and health of polar compliance guide is required. 3225 (January 19, 2001), 3317 bear subpopulations.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29425

Civil Justice Reform References 18.129 Information collection requirements. The Department’s Office of the For a list of the references cited in this Subpart J—Nonlethal Taking of Marine Solicitor has determined that these rule, see Docket No. FWS–R7–ES–2021– Mammals Incidental to Oil and Gas proposed regulations do not unduly 0037, available at http:// Exploration, Development, Production, burden the judicial system and meet the www.regulations.gov. and Other Substantially Similar applicable standards provided in List of Subjects in 50 CFR Part 18 Activities in the Beaufort Sea and sections 3(a) and 3(b)(2) of Executive Adjacent Northern Coast of Alaska Order 12988. Administrative practice and procedure, Alaska, Imports, Indians, Paperwork Reduction Act § 18.119 Specified activities covered by Marine mammals, Oil and gas this subpart. This proposed rule does not contain exploration, Reporting and any new collections of information that recordkeeping requirements, Regulations in this subpart apply to require approval by the Office of Transportation. the nonlethal incidental, but not Management and Budget (OMB) under intentional, take of small numbers of the Paperwork Reduction Act of 1995 Proposed Regulation Promulgation polar bear and Pacific walrus by certain (44 U.S.C. 3501 et seq.). OMB has For the reasons set forth in the U.S. citizens while engaged in oil and previously approved the information preamble, the Service proposes to gas exploration, development, collection requirements associated with amend part 18, subchapter B of chapter production, and/or other substantially incidental take of marine mammals and I, title 50 of the Code of Federal similar activities in the Beaufort Sea and assigned OMB control number 1018– Regulations as set forth below. adjacent northern coast of Alaska. 0070 (expires January 31, 2022). An PART 18—MARINE MAMMALS § 18.120 Specified geographic region agency may not conduct or sponsor, and where this subpart applies. a person is not required to respond to, ■ a collection of information unless it 1. The authority citation of part 18 This subpart applies to the specified displays a currently valid OMB control continues to read as follows: geographic region that encompasses all number. Authority: 16 U.S.C. 1361 et seq. Beaufort Sea waters east of a north- south line through Point Barrow, Alaska Energy Effects ■ 2. Revise subpart J to read as follows: (N71.39139, W156.475, BGN 1944), and Executive Order 13211 requires Subpart J—Nonlethal Taking of Marine approximately 322 kilometers (km) agencies to prepare statements of energy Mammals Incidental to Oil and Gas ∼ Exploration, Development, Production, and ( 200 miles (mi)) north of Point Barrow, effects when undertaking certain including all Alaska State waters and actions. This proposed rule provides Other Substantially Similar Activities in the Beaufort Sea and Adjacent Northern Coast Outer Continental Shelf waters, and east exceptions from the MMPA’s taking of Alaska of that line to the Canadian border. prohibitions for Industry engaged in specified oil and gas activities in the Sec. (a) The offshore boundary of the 18.119 Specified activities covered by this specified geographic region. By Beaufort Sea incidental take regulations subpart. (ITR) region match the boundary of the providing certainty regarding 18.120 Specified geographic region where compliance with the MMPA, this Bureau of Ocean Energy Management this subpart applies. Beaufort Sea Planning area, proposed rule will have a positive effect 18.121 Dates this subpart is in effect. ∼ on Industry and its activities. Although 18.122 Procedure to obtain a Letter of approximately 322 km ( 200 mi) the proposed rule requires Industry to Authorization (LOA). offshore. The onshore region is the same take a number of actions, these actions 18.123 How the Service will evaluate a north/south line at Utqiagvik, 40.2 km have been undertaken by Industry for request for a Letter of Authorization (25 mi) inland and east to the Canning many years as part of similar past (LOA). River. regulations. Therefore, this proposed 18.124 Authorized take allowed under a (b) The Arctic National Wildlife Letter of Authorization (LOA). rule is not expected to significantly 18.125 Prohibited take under a Letter of Refuge and the associated offshore affect energy supplies, distribution, or Authorization (LOA). waters within the refuge boundaries is use and does not constitute a significant 18.126 Mitigation. not included in the Beaufort Sea ITR energy action. No statement of energy 18.127 Monitoring. region. Figure 1 shows the area where effects is required. 18.128 Reporting requirements. this subpart applies.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29426 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

Figure 1 to§ 18.120.

120 Miles

155°W 150°W t45°W

Figure I-Map of the Beaufort Sea ITR region.

§ 18.121 Dates this subpart is in effect. ConocoPhillips Alaska, Inc., Eni U.S. apply for an LOA. The applicant must Regulations in this subpart are Operating Co. Inc., ExxonMobil Alaska submit the request for authorization to effective from [EFFECTIVE DATE OF Production Inc., Furie Operating Alaska, the Service’s Alaska Region Marine FINAL RULE] through [DATE 5 YEARS LLC, Glacier Oil and Gas Corporation, Mammals Management Office (see § 2.2 AFTER EFFECTIVE DATE OF FINAL Hilcorp Alaska, LLC, Marathon for address) at least 90 days prior to the RULE], for year-round oil and gas Petroleum, Petro Star Inc., Repsol, and start of the activity. exploration, development, production, Shell Exploration and Production (c) The request for an LOA must and other substantially similar Company, Alaska Gasline Development include the following information and activities. Corporation, Arctic Slope Regional must comply with the requirements set Corporation Energy Services, Oil Search § 18.122 Procedure to obtain a Letter of forth in §§ 18.126 through 18.128: Authorization (LOA). (Alaska), LLC, and Qilak LNG, Inc. (1) A plan of operations that describes (b) If an applicant proposes to (a) An applicant must be a U.S. in detail the activity (e.g., type of citizen as defined in § 18.27(c) and conduct oil and gas industry project, methods, and types and among those entities specified in the exploration, development, production, numbers of equipment and personnel, Request for this rule or a subsidiary, and/or other substantially similar subcontractor, or successor-in-interest to activity in the Beaufort Sea ITR region etc.), the dates and duration of the such an entity. The entities specified in described in § 18.120 that may cause the activity, and the specific locations of the Request are the Alaska Oil and Gas taking of Pacific walruses and/or polar and areas affected by the activity. Association, which includes Alyeska bears and wants nonlethal incidental (2) A site-specific marine mammal Pipeline Service Company, BlueCrest take authorization under the regulations monitoring and mitigation plan to Energy, Inc., Chevron Corporation, in this subpart J, the applicant must monitor and mitigate the effects of the

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 EP01JN21.018 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29427

activity on Pacific walruses and polar (b) In accordance with § 18.27(f)(5), (1) All holders of an LOA must: bears. we will make decisions concerning (i) Cooperate with the Service’s (3) A site-specific Pacific walrus and withdrawals of an LOA, either on an Marine Mammals Management Office polar bear safety, awareness, and individual or class basis, only after and other designated Federal, State, and interaction plan. The plan for each notice and opportunity for public local agencies to monitor and mitigate activity and location will detail the comment. the impacts of oil and gas industry policies and procedures that will (c) The requirement for notice and activities on Pacific walruses and polar provide for the safety and awareness of public comment in paragraph (b) of this bears. personnel, avoid interactions with section will not apply should we (ii) Designate trained and qualified Pacific walruses and polar bears, and determine that an emergency exists that personnel to monitor for the presence of minimize impacts to these animals. poses a significant risk to the well-being Pacific walruses and polar bears, initiate mitigation measures, and monitor, (4) A Plan of Cooperation to mitigate of the species or stocks of polar bears or record, and report the effects of oil and potential conflicts between the activity Pacific walruses. gas industry activities on Pacific and subsistence hunting, where § 18.124 Authorized take allowed under a walruses and/or polar bears. relevant. Applicants must provide Letter of Authorization (LOA). (iii) Have an approved Pacific walrus documentation of communication with (a) An LOA allows for the nonlethal, and polar bear safety, awareness, and potentially affected subsistence non-injurious, incidental, but not interaction plan on file with the communities along the Beaufort Sea intentional take by Level B harassment, Service’s Marine Mammals Management coast (i.e., Kaktovik, Nuiqsut, and as defined in § 18.3 and under section Office and onsite and provide polar bear Utqigvik) and appropriate subsistence 3 of the Marine Mammal Protection Act awareness training to certain personnel. user organizations (i.e., the Alaska (16 U.S.C. 1371 et seq.), of Pacific Interaction plans must include: Nannut Co-Management Council, the walruses and/or polar bears while (A) The type of activity and where Eskimo Walrus Commission, or North conducting oil and gas industry and when the activity will occur (i.e., a Slope Borough) to discuss the location, exploration, development, production, summary of the plan of operation); timing, and methods of activities and and/or other substantially similar (B) A food, waste, and other ‘‘bear identify and mitigate any potential activities within the Beaufort Sea ITR attractants’’ management plan; conflicts with subsistence walrus and region described in § 18.120. (C) Personnel training policies, polar bear hunting activities. Applicants (b) Each LOA will identify terms and procedures, and materials; must specifically inquire of relevant conditions for each activity and (D) Site-specific walrus and polar bear communities and organizations if the location. interaction risk evaluation and activity will interfere with the mitigation measures; availability of Pacific walruses and/or § 18.125 Prohibited take under a Letter of (E) Walrus and polar bear avoidance polar bears for the subsistence use of Authorization (LOA). and encounter procedures; and those groups. Applications for an LOA Except as otherwise provided in this (F) Walrus and polar bear observation must include documentation of all subpart, prohibited taking is described and reporting procedures. consultations with potentially affected in § 18.11 as well as: (2) All applicants for an LOA must user groups. Documentation must (a) Intentional take, Level A contact affected subsistence include a summary of any concerns harassment, as defined in section 3 of communities and hunter organizations identified by community members and the Marine Mammal Protection Act (16 to discuss potential conflicts caused by hunter organizations and the applicant’s U.S.C. 1362 et seq.), and lethal the activities and provide the Service responses to identified concerns. incidental take of polar bears or Pacific documentation of communications as walruses; and described in § 18.122. § 18.123 How the Service will evaluate a (b) Mitigation measures for onshore request for a Letter of Authorization (LOA). (b) Any take that fails to comply with this subpart or with the terms and activities. Holders of an LOA must (a) We will evaluate each request for conditions of an LOA. undertake the following activities to an LOA based on the specific activity limit disturbance around known polar and the specific geographic location. We § 18.126 Mitigation. bear dens: will determine whether the level of (a) Mitigation measures for all Letters (1) Attempt to locate polar bear dens. activity identified in the request exceeds of Authorization (LOAs). Holders of an Holders of an LOA seeking to carry out that analyzed by us in considering the LOA must implement policies and onshore activities during the denning number of animals estimated to be taken procedures to conduct activities in a season (November–April) must conduct and evaluating whether there will be a manner that affects the least practicable two separate surveys for occupied polar negligible impact on the species or stock adverse impact on Pacific walruses and/ bear dens in all denning habitat within and an unmitigable adverse impact on or polar bears, their habitat, and the 1.6 km (1 mi) of proposed activities the availability of the species or stock availability of these marine mammals using aerial infrared imagery. Further, for subsistence uses. If the level of for subsistence uses. Adaptive all denning habitat within 1.6 km (1 mi) activity is greater, we will reevaluate management practices, such as temporal of areas of proposed seismic surveys our findings to determine if those or spatial activity restrictions in must be surveyed three separate times findings continue to be appropriate response to the presence of marine with aerial infrared technology. The first based on the combined estimated take of mammals in a particular place or time survey must occur between the dates of the greater level of activity that the or the occurrence of Pacific walruses November 25 and December 15, the applicant has requested and all other and/or polar bears engaged in a second between the dates of December activities proposed during the time of biologically significant activity (e.g., 5 and December 31, and the third (if the activities in the LOA application. resting, feeding, denning, or nursing, required) between the dates of Depending on the results of the among others), must be used to avoid December 15 and January 15. All evaluation, we may grant the interactions with and minimize impacts observed or suspected polar bear dens authorization, add further conditions, or to these animals and their availability must be reported to the Service prior to deny the authorization. for subsistence uses. the initiation of activities.

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 29428 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules

(2) Observe the exclusion zone around system into the Chukchi Sea with (1) Community consultation. Prior to known polar bear dens. Operators must minimal disturbance. It is also intended receipt of an LOA, applicants must observe a 1.6-km (1-mi) operational to minimize vessel impacts upon the consult with potentially affected exclusion zone around all putative polar availability of walruses for Alaska communities and appropriate bear dens during the denning season Native subsistence hunters. Exemption subsistence user organizations to (November–April, or until the female waivers to this operating condition may discuss potential conflicts with and cubs leave the areas). Should be issued by the Service on a case-by- subsistence walrus and polar bear previously unknown occupied dens be case basis, based upon a review of hunting caused by the location, timing, discovered within 1 mile of activities, seasonal ice conditions and available and methods of operations and support work must cease and the Service information on walrus and polar bear activities (see § 18.122 for details). If contacted for guidance. The Service will distributions in the area of interest. community concerns suggest that the evaluate these instances on a case-by- (5) All vessels must avoid areas of activities may have an adverse impact case basis to determine the appropriate active or anticipated walrus or polar on the subsistence uses of these species, action. Potential actions may range from bear subsistence hunting activity as the applicant must address conflict cessation or modification of work to determined through community avoidance issues through a plan of conducting additional monitoring, and consultations. cooperation as described in paragraph the holder of the authorization must (6) In association with marine (e)(2) of this section. comply with any additional measures activities, we may require trained (2) Plan of cooperation (POC). When specified. marine mammal monitors on the site of appropriate, a holder of an LOA will be (3) Use the den habitat map the activity or onboard ships, aircraft, required to develop and implement a developed by the USGS. A map of icebreakers, or other support vessels or Service-approved POC. potential coastal polar bear denning vehicles to monitor the impacts of (i) The POC must include a habitat can be found at: http:// description of the procedures by which _ Industry’s activity on polar bear and alaska.usgs.gov/science/biology/polar Pacific walruses. the holder of the LOA will work and bears/denning.html. This measure (d) Mitigation measures for aircraft. consult with potentially affected ensures that the location of potential (1) Operators of support aircraft should, subsistence hunters and a description of polar bear dens is considered when at all times, conduct their activities at specific measures that have been or will conducting activities in the coastal areas the maximum distance possible from be taken to avoid or minimize of the Beaufort Sea. concentrations of walruses or polar interference with subsistence hunting of (4) Polar bear den restrictions. Restrict bears. walruses and polar bears and to ensure the timing of the activity to limit continued availability of the species for disturbance around dens. (2) Aircraft operations within the ITR area should maintain an altitude of subsistence use. (c) Mitigation measures for (ii) The Service will review the POC operational and support vessels. (1) 1,500 ft above ground level when operationally possible. to ensure that any potential adverse Operational and support vessels must be effects on the availability of the animals staffed with dedicated marine mammal (3) Under no circumstances, other than an emergency, should aircraft are minimized. The Service will reject observers to alert crew of the presence POCs if they do not provide adequate of walruses and polar bears and initiate operate at an altitude lower than 457 m (1,500 ft) within 805 m (0.5 mi) of safeguards to ensure the least adaptive mitigation responses. practicable adverse impact on the (2) At all times, vessels must maintain walruses or polar bears observed on ice or land. Helicopters may not hover or availability of walruses and polar bears the maximum distance possible from for subsistence use. concentrations of walruses or polar circle above such areas or within 805 m bears. Under no circumstances, other (0.5 mi) of such areas. When weather § 18.127 Monitoring. than an emergency, should any vessel conditions do not allow a 457-m (1,500- Holders of an LOA must develop and approach within an 805-m (0.5-mi) ft) flying altitude, such as during severe implement a site-specific, Service- radius of walruses or polar bears storms or when cloud cover is low, approved marine mammal monitoring observed on land or ice. aircraft may be operated below this and mitigation plan to monitor and (3) Vessel operators must take every altitude. However, when weather evaluate the effectiveness of mitigation precaution to avoid harassment of conditions necessitate operation of measures and the effects of activities on concentrations of feeding walruses aircraft at altitudes below 457 m (1,500 walruses, polar bears, and the when a vessel is operating near these ft), the operator must avoid areas of subsistence use of these species and animals. Vessels should reduce speed known walrus and polar bear provide trained, qualified, and Service- and maintain a minimum 805-m (0.5- concentrations and should take approved onsite observers to carry out mi) operational exclusion zone around precautions to avoid flying directly over monitoring and mitigation activities feeding walrus groups. Vessels may not or within 805 m (0.5 mile) of these identified in the marine mammal be operated in such a way as to separate areas. monitoring and mitigation plan. members of a group of walruses from (4) Plan all aircraft routes to minimize other members of the group. When any potential conflict with active or § 18.128 Reporting requirements. weather conditions require, such as anticipated walrus or polar bear hunting Holders of a Letter of Authorization when visibility drops, vessels should activity as determined through (LOA) must report the results of adjust speed accordingly to avoid the community consultations. monitoring and mitigation activities to likelihood of injury to walruses. (e) Mitigation measures for the the Service’s Marine Mammals (4) Vessels bound for the Beaufort Sea subsistence use of walruses and polar Management Office via email at: fw7_ ITR Region may not transit through the bears. Holders of an LOA must conduct [email protected]. Chukchi Sea prior to July 1. This their activities in a manner that, to the (a) In-season monitoring reports—(1) operating condition is intended to allow greatest extent practicable, minimizes Activity progress reports. Holders of an walruses the opportunity to move adverse impacts on the availability of LOA must: through the Bering Strait and disperse Pacific walruses and polar bears for (i) Notify the Service at least 48 hours from the confines of the spring lead subsistence uses. prior to the onset of activities;

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules 29429

(ii) Provide the Service weekly (v) Weather, visibility, sea state, and (4) Analysis of factors affecting the progress reports of any significant sea-ice conditions at the time of visibility and detectability of walruses changes in activities and/or locations; observation; and polar bears during monitoring; and (vi) Estimated closest distance of (5) Analysis of the effectiveness of (iii) Notify the Service within 48 bears from personnel and facilities; mitigation measures; hours after ending of activities. (vii) Industry activity at time of (6) Analysis of the distribution, (2) Walrus observation reports. sighting; abundance, and behavior of walruses (viii) Possible attractants present; Holders of an LOA must report, on a and/or polar bears observed; and weekly basis, all observations of (ix) Bear behavior; walruses during any Industry activity. (x) Description of the encounter; (7) Estimates of take in relation to the Upon request, monitoring report data (xi) Duration of the encounter; and specified activities. must be provided in a common (xii) Mitigation actions taken. § 18.129 Information collection electronic format (to be specified by the (b) Notification of LOA incident requirements. Service). Information in the observation report. Holders of an LOA must report, (a) We may not conduct or sponsor report must include, but is not limited as soon as possible, but within 48 hours, and a person is not required to respond to: all LOA incidents during any Industry to a collection of information unless it (i) Date, time, and location of each activity. An LOA incident is any displays a currently valid Office of walrus sighting; situation when specified activities Management and Budget (OMB) control (ii) Number of walruses; exceed the authority of an LOA, when (iii) Sex and age (if known); a mitigation measure was required but number. OMB has approved the (iv) Observer name and contact not enacted, or when injury or death of collection of information contained in information; a walrus or polar bear occurs. Reports this subpart and assigned OMB control (v) Weather, visibility, sea state, and must include: number 1018–0070. You must respond sea-ice conditions at the time of (1) All information specified for an to this information collection request to observation; observation report; obtain a benefit pursuant to section (vi) Estimated range at closest (2) A complete detailed description of 101(a)(5) of the Marine Mammal approach; the incident; and Protection Act. We will use the (vii) Industry activity at time of (3) Any other actions taken. information to: sighting; (c) Final report. The results of (1) Evaluate the application and (viii) Behavior of animals sighted; monitoring and mitigation efforts determine whether or not to issue (ix) Description of the encounter; identified in the marine mammal specific Letters of Authorization; and (x) Duration of the encounter; and monitoring and mitigation plan must be (2) Monitor impacts of activities and (xi) Mitigation actions taken. submitted to the Service for review effectiveness of mitigation measures (3) Polar bear observation reports. within 90 days of the expiration of an conducted under the Letters of Holders of an LOA must report, within LOA, or for production LOAs, an annual Authorization. 48 hours, all observations of polar bears report by January 15th of each calendar (b) Comments regarding the burden and potential polar bear dens, during year. Upon request, final report data estimate or any other aspect of this any Industry activity. Upon request, must be provided in a common requirement must be submitted to the monitoring report data must be electronic format (to be specified by the Information Collection Clearance provided in a common electronic format Service). Information in the final (or Officer, U.S. Fish and Wildlife Service, (to be specified by the Service). annual) report must include, but is not at the address listed in 50 CFR 2.1. Information in the observation report limited to: must include, but is not limited to: (1) Copies of all observation reports Shannon A. Estenoz, (i) Date, time, and location of submitted under the LOA; Principal Deputy Assistant Secretary for Fish observation; (2) A summary of the observation and Wildlife and Parks, Exercising the (ii) Number of bears; reports; Delegated Authority of the Assistant Secretary (iii) Sex and age (if known); (3) A summary of monitoring and for Fish and Wildlife and Parks. (iv) Observer name and contact mitigation efforts including areas, total [FR Doc. 2021–11496 Filed 5–28–21; 8:45 am] information; hours, total distances, and distribution; BILLING CODE 4333–15–P

VerDate Sep<11>2014 19:20 May 28, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4701 Sfmt 9990 E:\FR\FM\01JNP2.SGM 01JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2