Incidental Take Regulations
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What are Incidental Take Regulations?
The Marine Mammal Protection Act of 1972 (MMPA), as amended, prohibits, with certain exceptions, the take of marine mammals in U.S. waters. Section 101(a)(5)(A) of the MMPA authorizes the Secretary of the Interior, through the U.S. Fish and Wildlife Service (Service), to authorize the incidental, but not intentional taking of small numbers of certain marine mammals species (including polar bears, walruses, and sea otters) associated with specified activities, provided that, the total of such taking will have no more than a negligible impact on these marine mammal species and does not have an unmitigable adverse impact on the availability of these species for subsistence uses.
U.S. citizens seeking to carry out activities (other than commercial fishing*) that may result in the incidental taking of small numbers of polar bears, walruses or sea otters, can petition the Service to issue Incidental Take Regulations (ITRs) for specified activities in a specified geographical region. Based upon an evaluation of the potential impacts of the proposed activities on these species, and the availability of these species for subsistence use, the Service may issue ITRs for a period of up to five years.
*Commercial fishing authorizations are administered by the National Marine Fisheries Service under their Marine Mammal Authorization Program.
What are Letters of Authorization?
If ITRs are promulgated for a specified activity in a specified geographical region U.S. citizens can request a Letter of Authorization (LOA) from the Service to carry out these activities under an exemption of the MMPA. LOAs are issued on a project specific basis and include operating restrictions and other mitigation measures designed to minimize interactions with, and impacts to marine mammals. LOAs also specify monitoring and reporting requirements to evaluate the level and impact of any resulting takes. Depending upon the nature, location and timing of the proposed activity, applicants may be required to consult with potentially effected subsistence communities, and develop additional mitigation measures to address potential impacts to subsistence users. More information on applying for and receiving an LOA can be found at 50 CFR 18.27(f).
Why do we need Incidental Take Regulations?
Where appropriate, ITRs can provide considerable conservation and management benefits to potentially impacted marine mammals. Activities authorized under ITRs must adopt measures to minimize any adverse impacts to marine mammals; their habitat, and their availability for Alaska Native subsistence use. ITRs also specify monitoring and reporting requirements which provide a basis for evaluating potential impacts of current and future activities on marine mammals. Without incidental take regulations, commercial activities could still continue; however, the Service would have no formal means of communicating with Industry or have the ability to require monitoring and mitigation of specific activities and any form of resulting “take” would be a violation of the MMPA.
Incidental Take Regulations and Letters of Authorization available for Public Review
Oil and Gas Exploration in the Chukchi Sea
On June 11, 2008, the Service published in the Federal Register 73 FR 33212 (pdf) regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses and polar bears during oil and gas exploration activities in the Chukchi Sea and adjacent western coast of Alaska. This rule will be in effect through June 11, 2013. An Environmental Assessment associated with this Federal action is available here Chukchi Sea ITR EA (pdf). A Programmatic Biological Opinion For Polar Bears regarding Chukchi Sea Incidental Take Regulations is available here Chukchi Sea ITR BO for Polar Bear (pdf).
Oil and Gas Operations in the Beaufort Sea
On August 2, 2006, the Service published in the Federal Register 71 FR 43925 regulations authorizing the non-lethal, incidental take of small numbers of polar bears and Pacific walruses during year-round oil and gas operations in the Beaufort Sea and adjacent northern coast of Alaska. This rule will be in effect through August 2, 2011. An Environmental Assessment associated with this Federal action is available here Beaufort Sea ITR EA. Letters of Authorization issued under these regulations are listed below.
Beaufort Sea Letters of Authorization
Applicant
Documents
Anadarko Petroleum Company
Anadarko_LOA_06-09 (pdf)
BP Exploration Alaska Inc.
BP_LOA_06-02 (pdf)
BP_LOA_07-02 (pdf)
Brooks Range Petroleum Corporation
BRPC_LOA_06-17 (pdf)
ConocoPhillips Alaska Inc.
CPAI_LOA_06-03 (pdf)
CPAI_LOA_06-06 (pdf)
CPAI_LOA_06-08 (pdf)
CPAI_LOA_06-11,12,13,14 (pdf)
CPAI_LOA_06-15 (pdf)
FEX L.P.
FEX_LOA_06-04 (pdf)
Kerr-McGee Oil and Gas Corporation
KMG_LOA_06-07 (pdf)
Pioneer Natural Resources Alaska Inc.
Pioneer_LOA_06-16 (pdf)
Savant Alaska LLC
Savant_LOA_06-10 (pdf)
Shell Exploration & Production Company
Shell_LOA_06-01 (pdf)
Shell_LOA_07-03 (pdf)
Shell LOA 07-04 (pdf)
Ukpeagvik Inupiat Corporation
UIC_LOA_06-05 (pdf)
UIC_LOA_07-01 (pdf)
Veritas DGC Land
Veritas_LOA_06-18 (pdf)
