in effect
This is a final rule from the U.S. Fish and Wildlife Service (FWS) amending existing federal regulations that allow oil and gas companies to accidentally disturb polar bears and Pacific walruses while conducting operations in the Beaufort Sea and along Alaska’s North Slope, without violating the Marine Mammal Protection Act. The amendment was required by a 2024 federal appeals court order directing FWS to reassess whether a more serious category of disturbance — one with potential to injure animals — was likely to occur under the existing permit framework.
Regulations in place since August 2021 already authorized incidental “Level B harassment” of up to 92 Southern Beaufort Sea polar bears and 15 Pacific walruses per year — meaning accidental disturbances that could disrupt behavior such as feeding, nursing, or sheltering. This rule adds authorization for incidental “Level A harassment” of polar bears only — defined as acts with the potential to injure an animal — capping that authorization at 2 polar bears per year and 2 total over the remaining life of the existing regulations. FWS modeling found an 85% probability that at least one Level A harassment event would occur over the five-year regulatory period, with a median estimate of 3 such events total, which drove the change. No lethal take is authorized under this rule, and Pacific walruses remain covered only by the existing Level B authorization. The rule took effect immediately on June 26, 2025 and expires along with the underlying 2021 regulations on August 5, 2026.
Oil and gas companies operating in the Beaufort Sea and adjacent North Slope — represented collectively by the Alaska Oil and Gas Association — are the direct regulated parties; this rule allows them to obtain Letters of Authorization from FWS covering Level A polar bear disturbances that could occur incidentally during exploration, development, production, and transportation activities. Alaska Native communities with subsistence hunting rights in the region are also a statutory consideration, and FWS determined the authorized activities would not unacceptably reduce the availability of polar bears for subsistence use.