50 CFR 18.126: Mitigation.

(a) Mitigation measures for all LOAs. Holders of an LOA must implement policies and procedures to conduct activities in a manner that effects the least practicable adverse impact on walruses and/or polar bears, their habitat, and the availability of these marine mammals for subsistence uses. Adaptive management practices, such as temporal or spatial activity restrictions in response to the presence of marine mammals in a particular place or time or the occurrence of walruses and/or polar bears engaged in a biologically significant activity (e.g., resting, feeding, denning, or nursing, among others), must be used to avoid interactions with and minimize impacts to these animals and their availability for subsistence uses. All holders of an LOA must:

(1) Cooperate with the FWS's MMM Office and other designated Federal, State, and local agencies to monitor and mitigate the impacts of activities on walruses and polar bears. Where information is insufficient to evaluate the potential effects of activities on walruses, polar bears, and the subsistence use of this species, holders of an LOA may be required to participate in joint monitoring and/or research efforts to address these information needs and ensure the least practicable adverse impact to these resources.

(2) Designate trained and qualified personnel to monitor for the presence of walruses and polar bears, initiate mitigation measures, and monitor, record, and report the effects of the activities on walruses and/or polar bears.

(3) Have an approved walrus and polar bear safety, awareness, and interaction plan on file with the FWS's MMM Office and onsite and provide polar bear awareness training to certain personnel prior to their participation in the activities. Interaction plans must include:

(i) The type of activity and where and when the activity will occur (i.e., a summary of the plan of operation);

(ii) A food, waste, and other “bear attractants” management plan;

(iii) Personnel training policies, procedures, and materials;

(iv) Site-specific walrus and polar bear interaction risk evaluation and mitigation measures;

(v) Walrus and polar bear avoidance and encounter procedures; and

(vi) Walrus and polar bear observation and reporting procedures.

(b) Mitigation measures for onshore activities. Holders of an LOA must undertake the following activities to limit disturbance around known polar bear dens:

(1) Attempt to locate polar bear dens. Holders of an LOA seeking to carry out onshore activities during the denning season (November-April) must conduct surveys for occupied polar bear dens in all denning habitat within 1.6 km (1 mi) of specified activities using aerial infrared (AIR) imagery. The applicant must conduct at least two such surveys in high and medium density denning zones and at least one such survey in other onshore project areas.

(i) Where one or two AIR surveys are required, the first survey must occur between November 25 and December 25 and the second survey must occur between December 15 and January 15. At least 24 hours must pass between the completion of a required survey and the beginning of a subsequent required survey.

(ii) AIR surveys will be conducted during darkness or civil twilight and not during daylight hours. Ideal environmental conditions during surveys would be clear, calm, and cold; AIR detection should not be conducted when precipitation or other atmospheric conditions substantially degrade thermal imaging quality or the ability to reliably detect polar bear dens. Flight crews will record and report environmental parameters including air temperatures, dew point, wind speed and direction, cloud ceiling, and percent humidity, and a flight log will be provided to the FWS within 48 hours of the flight.

(iii) A scientist experienced in interpreting AIR imagery will be on board the survey aircraft to analyze the AIR data in real-time. The data (infrared video) will be made available for viewing by the FWS immediately upon return of the survey aircraft to the base of operations.

(iv) All observed or suspected polar bear dens must be reported to the FWS prior to the initiation of activities.

(2) Observe 1-mile operational mitigation zone around known polar bear dens. Operators must observe a 1.6-km (1-mi) operational mitigation zone around all known or suspected polar bear dens during the denning season (November-April, or until the female and cubs leave the areas). Should previously unknown occupied dens be discovered within 1.6 km (1 mi) of activities, the FWS must be contacted for guidance. The FWS will evaluate these instances on a case-by-case basis to determine the appropriate action. Potential actions may range from cessation or modification of work to conducting additional monitoring, and the holder of the LOA must comply with any additional measures specified.

(3) Use the den habitat map developed by the U.S. Geological Survey (USGS). To determine the areas that require surveys, operators must use the map of suitable coastal polar bear denning habitat developed by USGS: https://data.usgs.gov/datacatalog/search?otherKeyword=%5B%22Denning%20habitat%22%5. Doing so will inform LOA holders of the potential locations of polar bear dens for consideration when conducting activities in the coastal areas.

(4) Observe polar bear den restrictions. Restrict the timing of the activity to limit disturbance around known or suspected dens.

(5) Observe den emergence restrictions. If a female and cubs of the year are observed during the den emergence period (February-April), LOA holders must immediately halt or delay any activities that could impede the polar bears' path to the sea ice. LOA holders must also notify the FWS and personnel conducting operations between the female and cubs and the coastline.

(c) Mitigation measures for operational and support vessels. Holders of an LOA must implement the following measures:

(1) Operational and support vessels must be staffed with dedicated marine mammal observers to alert crew of the presence of walruses and polar bears and initiate adaptive mitigation responses.

(2) At all times, vessels must maintain the maximum distance practicable (805-meter (m) (0.5 mi) or greater) from concentrations of walruses or polar bears. Under no circumstances, other than an emergency, should any vessel approach within an 805-meter (m) (0.5-mi) radius of walruses or polar bears observed on land or ice.

(3) Vessel operators must take every precaution to avoid harassment of concentrations of feeding walruses when a vessel is operating near these animals. Vessels should reduce speed and maintain a minimum 805-m (0.5-mi) operational exclusion zone around feeding walrus groups. Vessels may not be operated in such a way as to separate members of a group of walruses (i.e., greater than two) from other members of the group. When weather conditions require, such as when visibility drops, vessels should adjust speed accordingly to avoid the likelihood of injury to walruses.

(4) All vessels must avoid areas of active or anticipated walrus or polar bear subsistence hunting activity as determined through community consultations.

(5) In association with marine activities, we may require trained marine mammal monitors on the site of the activity or onboard ships, aircraft, icebreakers, or other support vessels or vehicles to monitor the impacts of oil and gas industry activity on polar bears and walruses.

(d) Mitigation measures for aircraft to avoid disturbance. Holders of an LOA must implement the following measures:

(1) Follow aircraft elevation and flight path restrictions. Operators of support aircraft shall, at all times, conduct their activities at the maximum distance practicable from concentrations of walruses or polar bears.

(i) Aircraft operations within the project area will maintain a minimum altitude of 457 m (1,500 feet (ft)) above ground level when safe and operationally possible.

(ii) Under no circumstances, other than an emergency, will aircraft operate at an altitude lower than 457 m (1,500 ft) within 805 m (0.5 mi) of known or suspected polar bear dens or walruses or polar bears observed on ice or land measured in a straight line between the animal and the ground directly underneath the aircraft. Helicopters may not hover or circle above such areas or within 805 m (0.5 mi) of such areas. Aircraft may be operated below 457 m (1,500 ft) only when necessary to avoid adverse weather conditions or when operationally necessary. However, when weather conditions necessitate operation of aircraft at altitudes below 457 m (1,500 ft), the operator must avoid areas of known walrus and polar bear concentrations and should take precautions to avoid flying directly over or within 805 m (0.5 mi) of these areas.

(iii) Operators must plan all aircraft routes to minimize any potential conflict with active or anticipated walrus or polar bear hunting activity as determined through community consultations.

(2) Follow aircraft landing and take-off spatial restrictions. Aircraft will not land within 805 m (0.5 mi) of walruses or polar bears. If a polar bear is observed while the aircraft is grounded in remote areas, personnel will board the aircraft and leave the area. The aircraft operator will also avoid flying over the polar bear if possible. Operators should avoid making any sudden maneuvers, especially when traveling at lower altitudes, even if such maneuvers are intended to avoid walruses or polar bears. If a polar bear is observed within the landing zone or work area, operators should travel away from the site and slowly increase altitude to 457 m (1,500 ft) or a level that is safest and viable given current traveling conditions. Aircraft may not be operated in such a way as to separate individual walruses or polar bears from a group (i.e., two or more animals).

(e) Mitigation measures for the subsistence use of walruses and polar bears. Holders of an LOA must conduct their activities in a manner that, to the greatest extent practicable, minimizes adverse impacts on the availability of walruses and polar bears for subsistence uses.

(1) Community consultation. Prior to receipt of an LOA, applicants must consult with potentially affected communities and appropriate subsistence user organizations to discuss potential conflicts with subsistence walrus and polar bear hunting caused by the location, timing, and methods of operations and support activities. If community concerns suggest that the activities may have an adverse impact on the subsistence uses of these species, the applicant must address conflict avoidance issues through a POC as described in paragraph (e)(2) of this section.

(2) Plan of cooperation. Based on community consultations, the holder of an LOA will be required to modify their POC as needed if directed by the FWS.

(i) The POC must include a description of the procedures by which the holder of the LOA will work and consult with potentially affected subsistence hunters and a description of specific measures that have been or will be taken to avoid or minimize interference with subsistence hunting of walruses and polar bears and to ensure continued availability of the species for subsistence use.

(ii) The FWS will review the POC to ensure that any potential adverse effects on the availability of the animals are minimized. The FWS will reject or require modification of POCs if they do not provide adequate safeguards to ensure the least practicable adverse impact on the availability of walruses and polar bears for subsistence use.