Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054 Page: 47,050
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47050 Federal Register/Vol. 76, No. 149/Wednesday, August 3, 2011 /Rules and Regulations
Figure 1. Specific geographic area covered by the Beaufort Sea incidental take regulations.
18.123 When is this subpart effective?
Regulations in this subpart are
effective from August 3, 2011, through
August 3, 2016, for year-round oil and
gas exploration, development, and
18.124 How do I obtain a Letter of
(a) You must be a U.S. citizen as
defined in 18.27(c).
(b) If you are conducting an oil and
gas exploration, development, or
production activity in the specified
geographic region described in 18.122
that may cause the taking of polar bears
or Pacific walruses in execution of those
activities and you want nonlethal
incidental take authorization under this
rule, you must apply for a Letter of
Authorization for each exploration
activity or a Letter of Authorization for
activities in each development or
production area. You must submit the
application for authorization to our
Alaska Regional Director (see 50 CFR
2.2 for address) at least 90 days prior to
the start of the proposed activity.
(c) Your application for a Letter of
Authorization must include the
(1) A description of the activity, the
dates and duration of the activity, the
specific location, and the estimated area
affected by that activity, i.e., a plan of
(2) A site-specific plan to monitor the
effects of the activity on the behavior of
polar bears and Pacific walruses that
may be present during the ongoing
activities (i.e., marine mammal
monitoring and mitigation plan). Your
monitoring program must document the
effects to these marine mammals and
estimate the actual level and type of
take. The monitoring requirements
provided by the Service will vary
depending on the activity, the location,
and the time of year.
(3) A site-specific polar bear and/or
walrus awareness and interaction plan.
A polar bear interaction plan for each
operation will outline the steps the
applicant will take to limit human-bear
interactions, increase site safety, and
minimize impacts to bears.
(4) A Plan of Cooperation (POC) to
mitigate potential conflicts between the
proposed activity and subsistence
hunting, where relevant. Applicants
must consult with potentially affected
subsistence communities along the
Beaufort Sea coast (Kaktovik, Nuiqsut,
and Barrow) and appropriate
subsistence user organizations (the
Eskimo Walrus Commission and the
Alaska Nanuuq (polar bear)
Commission) to discuss the location,
timing, and methods of proposed
operations and support activities and
identify any potential conflicts with
subsistence walrus and polar bear
hunting activities in the communities.
Applications for Letters of
Authorization must include
documentation of all consultations with
potentially affected user groups.
Documentation must include a
summary of any concerns identified by
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United States. Office of the Federal Register. Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054, periodical, August 3, 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52326/m1/461/: accessed February 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.