# Marine Mammals; Incidental Take During Specified Activities > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-13725 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** June 12, 2013 - **Citation:** 78 FR 35364 ## Text DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 18 [Docket No. FWS-R7-ES-2012-0043; FF07CAMM00-FXFR133707PB000] RIN 1018-AY67 Marine Mammals; Incidental Take During Specified Activities AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: In accordance with the Marine Mammal Protection Act of 1972, as amended (MMPA), and its implementing regulations, we, the U.S. Fish and Wildlife Service (Service or we), are finalizing regulations that authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses ( Odobenus rosmarus divergens ) and polar bears ( Ursus maritimus ) during oil and gas Industry (Industry) exploration activities in the Chukchi Sea and adjacent western coast of Alaska. This rule is effective for 5 years from the date of issuance. The total expected takings of Pacific walruses (walruses) and polar bears during Industry exploration activities will impact small numbers of animals, will have a negligible impact on these species, and will not have an unmitigable adverse impact on the availability of these species for subsistence use by Alaska Natives. These final regulations include: Permissible methods of nonlethal taking; measures to ensure that Industry activities will have the least practicable adverse impact on the species and their habitat, and on the availability of these species for subsistence uses; and requirements for monitoring and reporting of any incidental takings that may occur, to the Service. The Service will issue Letters of Authorization (LOAs), upon request, for activities proposed to be conducted in accordance with the regulations. DATES: This rule is effective June 12, 2013, and remains effective through June 12, 2018. ADDRESSES: The final rule and associated environmental assessment (EA) are available for viewing at http://www.regulations.gov at Docket No. FWS-R7-ES-2012-0043. Comments and materials received in response to this action are available for public inspection during normal working hours of 8 a.m. to 4:30 p.m., Monday through Friday, at the Marine Mammals Management Office, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK 99503. FOR FURTHER INFORMATION CONTACT: Craig Perham, Marine Mammals Management Office, U.S. Fish and Wildlife Service, Region 7, 1011 East Tudor Road, Anchorage, AK 99503; telephone: 907-786-3800 or 1-800-362-5148. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: Executive Summary Why We Need To Publish a Final Rule Incidental take regulations (ITRs), under section 101(a)(5)(A) of the MMPA, allow for incidental, but not intentional, take of small numbers of marine mammals that may occur during the conduct of otherwise lawful activities within a specific geographical region. If the public requests that the ITRs be issued, the Service must first determine that the total of such taking during each 5-year (or less) period concerned will have a negligible impact on marine mammals and will not have an unmitigable adverse impact on the availability of marine mammals for taking for subsistence uses by Alaska Natives. The Service has considered a request from Industry to issue ITRs in the Chukchi Sea for a 5-year period to allow for the nonlethal, incidental taking of polar bears or walruses during their exploration activities. The Service is issuing these ITRs based on our determination that potential impacts to polar bears and Pacific walruses will be negligible and the potential impacts to subsistence use of polar bears and Pacific walruses are mitigable. What is the effect of this final rule? These ITRs provide a mechanism for the Service to work with Industry to minimize the effects of Industry activity on marine mammals through appropriate mitigation and monitoring measures, which also provide important information on marine mammal distribution, behavior, movements, and interactions with Industry. Additionally, these regulations provide a mechanism whereby persons conducting oil and gas exploration activities in the specified area in accordance with the terms of an LOA issued pursuant to these regulations will not be subject to criminal or civil prosecution under the MMPA. The Basis for Our Action Based upon our review of the nature, scope, and timing of the oil and gas exploration activities and mitigation measures, and in consideration of the best available scientific information, it is our determination that the activities will have a negligible impact on walruses and on polar bears and will not have an unmitigable adverse impact on the availability of marine mammals for taking for subsistence uses by Alaska Natives. Effective Date In accordance with 5 U.S.C. 553(d)(3), we find that we have good cause to make this rule effective less than 30 days after publication (see DATES ). Making this rule effective immediately upon publication will ensure that Industry implements mitigation measures and monitoring programs in the geographic region that reduce the risk of lethal and nonlethal effects to polar bears and Pacific walruses by Industry activities. Background Section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1371(a)(5)(A)) gives the Secretary of the Interior (Secretary), through the Director of the Service, the authority to allow the incidental, but not intentional, taking of small numbers of marine mammals, in response to requests by U.S. citizens [as defined in 50 CFR 18.27(c)] engaged in a specified activity (other than commercial fishing) in a specified geographic region. According to the MMPA, the Service shall allow this incidental taking if (1) we make a finding that the total of such taking for the 5-year timeframe of the regulations will have no more than a negligible impact on these species and will not have an unmitigable adverse impact on the availability of these species for taking for subsistence use by Alaska Natives, and (2) we issue regulations that set forth (i) permissible methods of taking, (ii) means of effecting the least practicable adverse impact on the species and their habitat and on the availability of the species for subsistence uses, and (iii) requirements for monitoring and reporting. If we issue regulations allowing such incidental taking, we can issue LOAs to conduct activities under the provisions of these regulations when requested by citizens of the United States. The term “take,” as defined by the MMPA, means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal. Harassment, as defined by the MMPA, for activities other than military readiness activities or scientific research conducted by or on behalf of the Federal Government, means “any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild” [the MMPA calls this Level A harassment] “or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering” [the MMPA calls this Level B harassment] (16 U.S.C. 1362). The terms “negligible impact” and “unmitigable adverse impact” are defined at 50 CFR 18.27 as follows. “Negligible impact” is “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” “Unmitigable adverse impact” means “an impact resulting from the specified activity: (1) That is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by (i) causing the marine mammals to abandon or avoid hunting areas, (ii) directly displacing subsistence users, or (iii) placing physical barriers between the marine mammals and the subsistence hunters; and (2) that cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met.” The term “small numbers” is also defined in the regulations, but we do not rely on that definition here as it conflates the “small numbers” and “negligible impact” requirements, which we recognize as two separate and distinct requirements for promulgating ITRs under the MMPA. Instead, in our small numbers determination, we evaluate whether the number of marine mammals likely to be taken is small relative to the size of the overall population. Industry conducts activities, such as oil and gas exploration, in marine mammal habitat that could result in the incidental taking of marine mammals. Although Industry is under no legal requirement under the MMPA to obtain incidental take authorization, since 1991, Industry has requested, and we have issued regulations for, incidental take authorization for conducting activities in areas of walrus and polar bear habitat. We issued ITRs for walruses and polar bears in the Chukchi Sea for the period from 1991 to 1996 (56 FR 27443; June 14, 1991) and 2008 to 2013 (73 FR 33212; June 11, 2008). These regulations are at 50 CFR part 18, subpart I (§§ 18.111 to 18.119). In the Beaufort Sea, ITRs have been issued from 1993 to present: November 16, 1993 (58 FR 60402); August 17, 1995 (60 FR 42805); January 28, 1999 (64 FR 4328); February 3, 2000 (65 FR 5275); March 30, 2000 (65 FR 16828); November 28, 2003 (68 FR 66744); August 2, 2006 (71 FR 43926), and August 3, 2011 (76 FR 47010). These regulations are at 50 CFR part 18, subpart J (§§ 18.121 to 18.129). Summary of Current Request On January 31, 2012, the Alaska Oil and Gas Association (AOGA), on behalf of its members, and ConocoPhillips, Alaska, Inc. (CPAI), a participating party, requested that the Service promulgate regulations to allow the nonlethal, incidental take of small numbers of walruses and polar bears in the Chukchi Sea and the adjacent western coast of Alaska. AOGA requested that the regulations be applicable to all persons conducting activities associated with oil and gas exploration as described in its petition for a period of 5 years. AOGA is a private, nonprofit trade association representing companies active in the Alaska oil and gas Industry. AOGA's members include: Alyeska Pipeline Service Company, Apache Corporation, BP Exploration (Alaska) Inc., Chevron, Eni Petroleum, ExxonMobil Production Company, Flint Hills Resources, Inc., Hilcorp Alaska, LLC, Marathon Oil Company, Petro Star Inc., Pioneer Natural Resources Alaska, Inc., Repsol, Shell Gulf of Mexico, Inc., Statoil, Tesoro Alaska Company, and XTO Energy, Inc. The 2012 request was for regulations to allow the incidental, nonlethal take of small numbers of walruses and polar bears in association with oil and gas activities in the Chukchi Sea and adjacent coastline for the period from June 11, 2013, to June 11, 2018. The information provided by the petitioners indicates that projected oil and gas activities over this timeframe will be limited to exploration activities. Within that time, oil and gas exploration activities could occur during any month of the year, depending on the type of activity. Offshore activities, such as exploration drilling, seismic surveys, and shallow hazards surveys, are expected to occur only during the open-water season (July-November). Onshore activities may occur during winter (e.g., geotechnical studies), spring (e.g., hydrological studies), or summer-fall (e.g., various fish and wildlife surveys). The petitioners have also specifically requested that these regulations be issued for nonlethal take. The petitioners have indicated that, through the implementation of appropriate mitigation measures, they are confident that no lethal take will occur. Prior to issuing these regulations in response to this request, we evaluated the level of industrial activities, their associated potential impacts to walruses and polar bears, and their effects on the availability of these species for subsistence use. All projected exploration activities described by CPAI and AOGA (on behalf of its members) in their petition, as well as projections of reasonably likely activities for the period 2013 to 2018, were considered in our analysis. The activities and geographic region specified in the request, and considered in these regulations, are described in the ensuing sections titled “Description of Geographic Region” and “Description of Activities.” Description of Final Regulations The regulations include: Permissible methods of nonlethal taking; measures to ensure the least practicable adverse impact on the species and the availability of these species for subsistence uses; and requirements for monitoring and reporting. These regulations do not authorize, or “permit,” the actual activities associated with oil and gas exploration, e.g., seismic testing, drilling, or sea floor mapping. Rather, they authorize the nonlethal, incidental, unintentional take of small numbers of polar bears and walruses associated with those activities based on standards set forth in the MMPA. The Bureau of Ocean Energy Management (BOEM), the Bureau of Safety and Environmental Enforcement (BSEE), the U.S. Army Corps of Engineers (COE), and the Bureau of Land Management (BLM) are responsible for permitting activities associated with oil and gas activities in Federal waters and on Federal lands. The State of Alaska is responsible for permitting activities on State lands and in State waters. Under these final regulations, persons may seek taking authorization for particular projects by applying to the Service for an LOA for the incidental, nonlethal take associated with exploration activities pursuant to the regulations. Each group or individual conducting an Industry-related activity within the area covered by these regulations will be able to request an LOA. Applicants for LOAs will have to submit an Operations Plan for the activity, a marine mammal (Pacific walrus and polar bear) interaction plan, and a site-specific marine mammal monitoring and mitigation plan to monitor any effects of authorized activities on walruses and polar bears. An after-action report on exploration activities and marine mammal monitoring activities will have to be submitted to the Service within 90 days after completion of the activity. Details of monitoring and reporting requirements are further described in “Potential Effects of Oil and Gas Industry Activities on Pacific Walruses and Polar Bears.” Applicants will also have to include a Plan of Cooperation (POC) describing the availability of these species for subsistence use by Alaska Native communities and how that availability may be affected by Industry operations. The purpose of the POC is to ensure that oil and gas activities will not have an unmitigable adverse impact on the availability of the species or the stock for subsistence uses. The POC must provide the procedures on how Industry will work with the affected Alaska Native communities, including a description of the necessary actions that will be taken to: (1) Avoid or minimize interference with subsistence hunting of polar bears and walruses; and (2) ensure continued availability of the species for subsistence use. The POC is further described in “Potential Effects of Oil and Gas Industry Activities on Subsistence Uses of Pacific Walruses and Polar Bears.” Under these final regulations, we will evaluate each request for an LOA based on the specific activity and specific location, and may condition the LOA depending on specific circumstances for that activity and location. More information on applying for and receiving an LOA can be found at 50 CFR 18.27(f). Description of Geographic Region These regulations allow Industry operators to incidentally take small numbers of walruses and polar bears within the area, hereafter referred to as the Chukchi Sea region (Figure 1; see Final Regulation Promulgation section). The geographic area covered by AOGA's request is the Outer Continental Shelf (OCS) of the Arctic Ocean adjacent to western Alaska. This area includes the waters (State of Alaska and OCS waters) and seabed of the Chukchi Sea, which encompasses all waters north and west of Point Hope (68°20′20″ N, −166°50′40 W, BGN 1947) to the U.S.-Russia Convention Line of 1867, west of a north-south line through Point Barrow (71°23′29″ N, −156°28′30 W, BGN 1944), and up to 200 miles north of Point Barrow. The Chukchi Sea region includes that area defined as the BOEM/BSEE OCS oil and gas Lease Sale 193 in the Chukchi Sea Planning Area. The Chukchi Sea region also includes the terrestrial coastal land 25 miles inland between the western boundary of the south National Petroleum Reserve-Alaska (NPR-A) near Icy Cape (70°20′00″, −148°12′00) and the north-south line from Point Barrow. The Chukchi Sea region encompasses an area of approximately 240,000 square kilometers (km) (approximately 92,644 square miles). The terrestrial portion of the Chukchi Sea region encompasses approximately 10,000 km 2 (3,861 mi 2 ) of the Northwest and South Planning Areas of the National Petroleum Reserve-Alaska (NPR-A). The north-south line at Point Barrow is the western border of the geographic region in the Beaufort Sea incidental take regulations (August 3, 2011; 76 FR 47010). Description of Activities These final regulations cover exploratory drilling, seismic surveys, geotechnical surveys, and shallow hazards surveys to be conducted in the Chukchi Sea from June 11, 2013, to June 11, 2018. This time period includes the entire open-water seasons of 2013 through 2017, when activities such as exploration drilling, seismic surveys, geotechnical surveys, and shallow hazards surveys are likely to occur, but terminates before the start of the 2018 open-water season. This section reviews the types and scale of oil and gas activities projected to occur in the Chukchi Sea region over the specified time period (2013 to 2018). Activities covered in these regulations include Industry exploration operations of oil and gas reserves, as well as environmental monitoring associated with those activities, on the western coast of Alaska and the Outer Continental Shelf of the Chukchi Sea. This information is based upon activity descriptions provided by the petitioners (sections 2.2 and 2.3 of the AOGA Petition for Incidental Take Regulations for Oil and Gas Activities in the Chukchi Sea and Adjacent Lands in 2013 to 2018, January 31, 2012). These regulations are also based on additional activities in the Chukchi Sea region that the Service identified and deemed similar to the type requested in the petition. In including additional information, the Service has used its discretion, in conducting its analysis, to assess the potential impacts that more frequent activities may have on polar bears or Pacific walruses. For example, we chose to analyze the potential impacts of two annual seismic operations on polar bears and Pacific walruses, rather than the requested one seismic operation, to allow incidental take coverage in the event that more seismic survey activities actually occur annually than what the petitioners requested. If LOAs are requested for activities that exceed the scope of activities analyzed under these final regulations, the LOAs will not be issued, and the Service will consider the potential use of other management tools to reduce take under different provisions of the MMPA or reevaluate its findings before further LOAs are issued. As discussed above, these ITRs apply from June 12, 2013, and remain effective through June 12, 2018. Within that time, oil and gas exploration activities could occur during any month of the year, depending on the type of activity. Offshore activities, such as exploration drilling, seismic surveys, and shallow hazards surveys, are expected to occur only during the open-water season (July-November). Onshore activities may occur during winter (e.g., geotechnical studies), spring (e.g., hydrological studies), or summer-fall (e.g., various fish and wildlife surveys). Specific locations, within the designated geographic region, where oil and gas exploration will occur will be determined based upon a variety of factors, including the outcome of future Federal and State oil and gas lease sales and information gathered through subsequent rounds of exploration discovery. The information provided by the petitioners indicates that offshore exploration activities will be carried out during the open-water season to avoid seasonal pack ice. Further onshore activities will be limited and are not expected to occur in the vicinity of known polar bear denning areas or coastal walrus haulouts. These ITRs do not authorize the execution, placement, or location of Industry activities; they only authorize incidental, nonlethal take of walruses and polar bears that may result during the course of Industry activities. Authorizing the activity at particular locations is part of the permitting process that is authorized by the lead permitting agency, such as BOEM/BSEE, the COE, or BLM. The specific dates and durations of the individual operations and their geographic locations are provided to the Service in detail when requests for LOAs are submitted. Oil and gas activities anticipated and considered in our analysis of these final ITRs include: (1) Offshore exploration drilling; (2) offshore 3D and 2D seismic surveys; (3) shallow hazards surveys; (4) other geophysical surveys, such as ice gouge, strudel scour, and bathymetry surveys; (5) geotechnical surveys; (6) onshore and offshore environmental studies; and (7) associated support activities for the aforementioned activities. Of these, offshore drilling and seismic surveys are expected to have the greatest potential effects on Pacific walruses, polar bears, and Alaska Native subsistence activities. A summary description of the anticipated activities follows, while detailed descriptions provided by the petitioners are available on the Service's Marine Mammals Management Web page at: http://alaska.fws.gov/fisheries/mmm/itr.htm. Offshore Exploration Drilling Offshore exploration drilling will be conducted from either a floating drilling unit, such as a drillship or conical drilling unit, or a jack-up drilling platform. The operating season for exploration drilling with these types of drilling units is expected to be limited to the open-water season, from July 1 through November 30, when the presence of ice is at a minimum. Petitioners indicate that bottom-founded platforms will not be used during exploration activities due to water depths greater than 30 meters (m) (100 feet [ft]) and possible pack ice incursions. Drilling operations are expected to range between 30 and 90 days at individual well sites, depending on the depth to the target formation, and difficulties during drilling. The drilling units and any support vessels typically enter the Chukchi Sea at the beginning of the season and exit the sea at the end of the season. Drillships are generally self-propelled, whereas jack-up rigs must be towed to the drill site. These drilling units are largely self-contained with accommodations for the crew, including quarters, galleys, and sanitation facilities. Drilling operations will include multiple support vessels in addition to the drillship or platform, including ice management vessels, survey vessels, and on and offshore support facilities. For example, each drillship is likely to be supported by one to two ice management vessels, a barge and tug, one to two helicopter flights per day, and one to two supply ships per week. Ice management is expected to be required for only a small portion of the drilling season, if at all, given the lack of sea ice observed over most current lease holdings in the Chukchi Sea region in recent years. Most ice management will consist of actively pushing the ice off its trajectory with the bow of the ice management vessel, but some icebreaking could be required. One or more ice management vessels generally support drillships to ensure ice does not encroach on operations. Geophysical surveys referred to as vertical seismic profiles (VSPs) will likely be conducted at many of the Chukchi Sea region drill sites where and when an exploration well is being drilled. The purpose of such surveys is to ground truth existing seismic data with geological information from the wellbore. A small airgun array is deployed at a location near or adjacent to the drilling unit, and receivers are placed (temporarily anchored) in the wellbore. Exploration drilling programs may entail both onshore support facilities for air support where aircraft serving crew changes, search and rescue, and/or re-supply functions where support facilities will be housed and marine support where vessels may access the shoreline. For offshore support purposes, a barge and tug typically accompany the vessels to provide a standby safety vessel, oil spill response capabilities, and refueling support. Most supplies (including fuel) necessary to complete drilling activities are stored on the drillship and support vessels. Helicopter servicing of drillships can occur as frequently as one to two times per day. Since 1989, five exploration wells have been drilled in the Chukchi Sea. Based upon information provided by the petitioners, we estimate that up to three operators will drill a total of three to eight wells per year in the Chukchi Sea region during the 5-year timeframe of these final regulations (June 2013 to June 2018). Offshore 2D and 3D Seismic Surveys Seismic survey equipment includes sound energy sources (airguns) and receivers (hydrophones/geophones). The airguns store compressed air that upon release forms a bubble that expands and contracts in a predictable pattern, emitting sound waves. The sound energy from the source penetrates the seafloor and is reflected back to the surface where it is recorded and analyzed to produce graphic images of the subsurface features. Differences in the properties of the various rock layers found at different depths reflect the sound energy at different positions and times. This reflected energy is received by the hydrophones housed in submerged streamers towed behind the survey vessel. The two general types of offshore seismic surveys, 2D and 3D surveys, use similar technology but differ in survey transect patterns, number of transects, number of sound sources and receptors, and data analysis. For both types, a group of air guns is usually deployed in an array to produce a downward focused sound signal. Air gun array volumes for both 2D and 3D seismic surveys are expected to range from 49,161 to 65,548 cm 3 (3,000 to 4,000 in 3 ) operated at about 2,000 pounds per square inch (psi) (13,789.5 kilopascal [kPa]). The air guns are fired at short, regular intervals, so the arrays emit pulsed rather than continuous sound. While most of the energy is focused downward and the short duration of each pulse limits the total energy into the water column, the sound can propagate horizontally for several kilometers. Marine streamer 2D surveys use similar geophysical survey techniques as 3D surveys, but both the mode of operation and general vessel type used are different. The primary difference between the two survey types is that a 3D survey has a denser grid for the transect pattern. The 2D surveys provide a less detailed subsurface image because the survey lines are spaced farther apart, but they are generally designed to cover wider areas to image geologic structure on more of a regional basis. Large prospects are easily identified on 2D seismic data, but detailed images of the prospective areas within a large prospect can only be seen using 3D data. The 2D seismic survey vessels generally are smaller than 3D survey vessels, although larger 3D survey vessels are also capable of conducting 2D surveys. The 2D source array typically consists of three or more sub-arrays of six to eight air gun sources each. The sound source level (zero-to-peak) associated with 2D marine seismic surveys are the same as 3D marine seismic surveys (233 to 240 dB re 1 μPa at 1 m). Typically, a single hydrophone streamer cable approximately 8 to 12 km (~5 to 7.5 miles [mi]) long is towed behind the survey vessel. The 2D surveys acquire data along single track lines that are spread more widely apart (usually several km) than are track lines for 3D surveys (usually several hundred meters). A 3D source array typically consists of two to three sub-arrays of six to nine air guns each, and is about 12.5 to 18 m (41 to 59 ft) long and 16 to 36 m (52.5 to 118 ft) wide. The size of the source array can vary during the seismic survey to optimize the resolution of the geophysical data collected at any particular site. Most 3D operations use a single source vessel; however, in a few instances, more than one source vessel may be used. The sound source level (zero-to-peak) associated with typical 3D seismic surveys ranges between 233 and 240 decibels (dB) at 1 m (dB re 1 μPa at 1 m). The receiving arrays could include multiple (4 to 16) streamer receiver cables towed behind the source array. The survey vessel may tow up to 12 cables, or streamers, of up to 8.0 km (5.0 mi) in length, spaced 50 to 150 m (164 to 492 ft) apart. Streamer cables contain numerous hydrophone elements at fixed distances within each cable. Each streamer can be 3 to 8 km (2 to 5 mi) long with an overall array width of up to 1,500 m (1,640 yards) between outermost streamer cables. The wide extent of this towed equipment limits both the turning speed and the area a vessel covers with a single pass over a geologic target. It is, therefore, common practice to acquire data using an offset racetrack pattern. Adjacent transit lines for a survey generally are spaced several hundred meters apart and are parallel to each other across the survey area. Seismic surveys are conducted day and night when ocean conditions are favorable, and one survey effort may continue for weeks or months throughout the open-water season, depending on the size of the survey. Data acquisition is affected by the arrays towed by the survey vessel and weather conditions. Typically, data are only collected between 25 and 30 percent of the time (or 6 to 8 hours a day) because of equipment or weather problems. In addition to downtime due to weather, sea conditions, turning between lines, and equipment maintenance, surveys could be suspended to avoid interactions with biological resources. In the past, BOEM/BSEE has estimated that individual surveys could last between 20 to 30 days (with downtime) to cover a 322-km 2 (200-mi 2 ) area. Both 3D and 2D seismic surveys require a largely ice-free environment to allow effective operation and maneuvering of the air gun arrays and long streamers. In the Chukchi Sea region, the timing and areas of the surveys will be dictated by ice conditions. Given optimal conditions, the data acquisition season in the Chukchi Sea could start sometime in July and end sometime in early November. Even during the short summer season, there are periodic incursions of sea ice; hence there is no guarantee that any given location will be ice-free throughout the survey. In our analysis of the previous 5-year Chukchi Sea regulations (2008-2013), we determined that up to three seismic programs operating annually, totaling up to 15 surveys over the span of the regulations, would have negligible effects on small numbers of walruses and polar bears. Since 2006, only seven seismic surveys have been actually conducted in total in the Chukchi Sea. For the 5-year time period of the regulations we are promulgating today (2013 to 2018), based upon information provided by the petitioners, the Service estimates that, in any given year one seismic survey program (2D or 3D) would operate in the Chukchi Sea region during the open-water season. However, to be more comprehensive the Service analyzed an annual estimate of two simultaneous seismic operations in the Chukchi Sea region during the open-water season. We further estimate that each seismic survey vessel will be accompanied or serviced by one to three support vessels, and that helicopters may also be used for vessel support and crew changes. Shallow Hazards Surveys Shallow hazards surveys in the Chukchi Sea region are expected to be conducted for all OCS leases in the Chukchi Sea Planning Area. Shallow hazards surveys, also known as site clearance or high resolution surveys, are conducted to collect bathymetric data and information on the shallow geology down to depths of about 450 m (1,500 ft) below the seafloor at areas identified as potential drill sites. Detailed maps of the seafloor surface and shallow sub-surface are produced with the resulting data in order to identify potential hazards in the area. Shallow hazards surveys must be conducted at all exploration drill sites in the OCS before drilling can be approved by BOEM/BSEE. Specific requirements for these shallow hazards surveys are presented in BOEM/BSEE's Notice to Lessee (NTL) 05-A01. Potential hazards may include: Shallow faults; shallow gas; permafrost; hydrates; and/or archaeological features, such as shipwrecks. Drilling permits will only be issued by the BOEM/BSEE for locations that avoid or minimize any risks of encountering these types of features. Equipment used in past surveys included sub-bottom profilers, multi-beam bathymetric sonar, side scan sonar, high resolution seismic (airgun array or sparker), and magnetometers. Equipment to be used in future surveys in 2013 to 2018 will be expected to be these and similar types of equipment as required by the BOEM/BSEE NTLs. Shallow hazards surveys are conducted from vessels during the summer or open-water season along a series of transects, with different line spacing depending on the proximity to the proposed drill site and geophysical equipment to be used. Generally, a single vessel is required to conduct the survey, but in the Chukchi Sea an additional vessel is often used as a marine mammal monitoring platform. The geophysical equipment is either hull mounted or towed behind the vessel, and sometimes is located on an autonomous underwater vehicle (AUV). Small airgun arrays with a total volume of 258 cm 3 (40 in 3 ) and pressured to about 2,000 psi (13,789.5 kPa) have been used as the energy source for past high resolution seismic surveys and will be expected to be used in future surveys in 2013 to 2018, but larger or smaller airguns under more or lesser pressure may be used. Sparkers have also been used in the Chukchi Sea in the past and may be used in the future. The magnetometer is used to locate and identify any human-made ferrous objects that might be on the seafloor. During the period of the previous regulations (2008 to 2013), four shallow hazards and site clearance surveys were actually conducted. Based upon information provided by the petitioners, we estimate that during the timeframe of these regulations (2013 to 2018), up to two operators will conduct from four to seven shallow hazards surveys annually. Marine Geophysical Surveys Additional types of geophysical surveys are also expected to occur. These include ice gouge surveys, strudel scours surveys, and other bathymetric surveys (e.g., platform and pipeline surveys). These surveys use the same types of remote sensing geophysical equipment used in shallow hazards surveys, but they are conducted for different purposes in different areas and often lack a seismic (airgun) component. Each of these types of surveys is briefly described below. Ice Gouge Surveys Ice gouging is the creation of troughs and ridges on the seafloor caused by the contact of the keels of moving ice floes with unconsolidated sediments on the seafloor. Oil and gas operators conduct these surveys to gain an understanding of the distribution, frequency, size, and orientation of ice gouging in their areas of interest in order to predict the location, size, and frequency of future ice gouging. The surveys may be conducted from June through October when the area is sufficiently clear of ice and weather permits. Equipment to be used in ice gouge surveys during this time may include, but may not be limited to, sub-bottom profilers, multi-beam bathymetric sonar, and side scan sonar. Strudel Scour Surveys Strudel scours are formed in the seafloor during a brief period in the spring when river discharge commences the breakup of the sea ice. The ice is bottom fast, with the river discharge flowing over the top of the ice. The overflow spreads offshore and drains through the ice sheet at tidal cracks, thermal cracks, stress cracks, and seal breathing holes reaching the seafloor with enough force to generate distinctive erosion patterns. Oil and gas operators conduct surveys to identify locations where this phenomenon occurs and to understand the process. Nearshore areas (State waters) by the larger rivers are first surveyed from the air with a helicopter at the time when rivers are discharging on to the sea ice (typically in May), to identify any locations where the discharge is moving through the ice. The identified areas are revisited by vessel during the open-water season (typically July to October), and bathymetric surveys are conducted along a series of transects over the identified areas. Equipment to be used in the surveys in 2013 to 2018 will likely include, but may not be limited to, multi-beam bathymetric sonar, side scan sonar, and single beam bathymetric sonar. Bathymetry Surveys Some surveys are expected to determine the feasibility of future development. This effort will include siting such things as pipeline and platform surveys. These surveys use geophysical equipment to delineate the bathymetry/seafloor relief and characteristics of the surficial seafloor sediments. The surveys are conducted from vessels along a series of transects. Equipment deployed on the vessel for these surveys will likely include, but may not be limited to, sub-bottom profilers, multi-beam bathymetric sonar, side scan sonar, and magnetometers. Based upon information provided by the petitioners, we estimate that up to two operators will conduct as many as two geophysical surveys, including ice gouge, strudel scour, and bathymetry surveys, in any given year during the 5-year timeframe of these regulations (2013 to 2018). Geotechnical Surveys Geotechnical surveys expected to occur within the Chukchi Sea region take place offshore on leases in federal waters of the OCS and adjacent onshore areas. Geotechnical site investigations are performed to collect detailed data about seafloor sediments, onshore soil, and shallow geologic structures. During site investigations, boreholes are drilled to depths sufficient to characterize the soils within the zone of influence. The borings, cores, or cone penetrometer data collected at the site define the stratigraphy and geotechnical properties at that specific location. These data are analyzed and used in determining optimal facility locations. Site investigations that include archaeological, biological, and ecological data assist in the development of foundation design criteria for any planned structure. Methodology for geotechnical surveys may vary between those conducted offshore and onshore. Onshore geotechnical surveys will likely be conducted in winter when the tundra is frozen. Rotary drilling equipment will be wheeled, tracked, or sled mounted. Offshore geotechnical studies will be conducted from dedicated vessels or support vessels associated with other operations such as drilling. Based upon information provided by the petitioners, we estimate that as many as two operators will conduct up to two geotechnical surveys in any given year during the 5-year timeframe of these regulations (2013 to 2018). Offshore Environmental Studies Offshore environmental studies are likely to include: Ecological surveys of the benthos, plankton, fish, bird, and marine mammal communities and use of Chukchi Sea waters; acoustical studies of marine mammals; sediment and water quality analysis; and physical oceanographic investigations of sea ice movement, currents, and meteorology. Most bird and marine mammal surveys will be conducted from vessels. The vessels will travel along series of transects at slow speeds while observers on the vessels identify the number and species of animals. Ecological sampling and marine mammal surveys will also be conducted from fixed wing aircraft as part of the mandatory marine mammal monitoring programs associated with seismic surveys and exploration drilling. Various types of buoys will likely be deployed in the Chukchi Sea for data collection. Onshore Environmental Studies Various types of environmental studies will likely also occur during the life of these regulations. These could include, but may not be limited to, hydrology studies; habitat assessments; fish and wildlife surveys; and archaeological resource surveys. These studies will generally be conducted by small teams of scientists based in Chukchi Sea communities and travelling to study sites by helicopter. Most surveys will be conducted on foot or from the air. Small boats may be used for hydrology studies, fish surveys, and other studies in aquatic environments. During the previous 5-year time period of the regulations (2008-2013), a total of six environmental studies were conducted, with one to two conducted per year. Based upon information provided by the petitioners, we estimate that as many as two environmental studies may be conducted in any given year during the 5-year timeframe of these regulations (2013 to 2018). Additional Onshore Activities Additional onshore activities may occur as well. The North Slope Borough (NSB) operates the Barrow Gas Fields located south and east of the city of Barrow. The Barrow Gas Fields include the Walakpa, South, and East Gas Fields; of these, the Walakpa Gas Field and a portion of the South Gas Field are located within the boundaries of the Chukchi Sea geographical region while the East Barrow Gas Field is currently regulated under the ITRs for the Beaufort Sea and therefore not discussed here. The Walakpa Gas Field operation is currently accessed by helicopter and/or a rolligon trail. The South Gas Field is accessible by gravel road or dirt trail depending on the individual well. Access to this field during the winter will require ice road construction. Ice/snow road access and ice pads are proposed where needed. In 2007, ConocoPhillips conducted an exploration program south of Barrow near the Walakpa Gas Field. The NSB conducted drilling activities in 2007, including drilling new gas wells, and plugged and abandoned depleted wells in the Barrow Gas Fields. During the 5-year timeframe of these regulations (2013 to 2018), we expect the NSB to maintain an active presence in the gas fields with the potential for additional maintenance of the fields. Biological Information Pacific Walrus (Odobenus rosmarus divergens) The Pacific walrus is the largest pinniped species (aquatic carnivorous mammals with all four limbs modified into flippers) in the Arctic. Walruses are readily distinguished from other Arctic pinnipeds by their enlarged upper canine teeth, which form prominent tusks. Males, which have relatively larger tusks than females, also tend to have broader skulls (Fay 1982). Two modern subspecies of walruses are generally recognized (Wozencraft 2005, p. 525; Integrated Taxonomic Information System, 2010): The Atlantic walrus ( O. r. rosmarus ), which ranges from the central Canadian Arctic eastward to the Kara Sea (Reeves 1978), and the Pacific walrus ( O. r. divergens ), which ranges across the Bering and Chukchi seas (Fay 1982). The small, geographically isolated population of walruses in the Laptev Sea (Heptner et al. 1976; Vishnevskaia and Bychkov 1990; Andersen et al. 1998; Wozencraft 2005; Jefferson et al. 2008), which was previously known as the Laptev walrus (Lindqvist et al. 2009), is now considered part of the Pacific walrus population. Atlantic and Pacific walruses are genetically and morphologically distinct from each other (Cronin et al. 1994), likely because of range fragmentation and differentiation during glacial phases of extensive Arctic sea ice cover (Harington 2008). Stock Definition, Range, and Abundance Pacific walruses are represented by a single stock of animals that inhabit the shallow continental shelf waters of the Bering and Chukchi seas (Sease and Chapman 1988). Though some heterogeneity in the populations has been documented by Jay et al. (2008) from differences in the ratio of trace elements in the teeth, Scribner et al. (1997) found no difference in mitochondrial or nuclear DNA among Pacific walruses sampled from different breeding areas. The population ranges across the international boundaries of the United States and Russian Federation, and both nations share common interests with respect to the conservation and management of this species. Pacific walruses are identified and managed in the United States and the Russian Federation as a single population (Service 2010). Pacific walruses range across the continental shelf waters of the northern Bering Sea and Chukchi Sea, relying principally on broken pack ice habitat to access feeding areas of high benthic productivity (Fay 1982). Pacific walruses migrate up to 1,500 km (932 mi) between summer foraging areas in the Arctic (primarily the offshore continental shelf of the Chukchi Sea) and highly productive, seasonally ice covered waters in the sub-Arctic (northern Bering Sea) in winter. Although many adult male Pacific walruses remain in the Bering Sea during the ice-free season, where they forage from coastal haulouts, most of the population migrates north in summer and south in winter following seasonal patterns of ice advance and retreat. Walruses are rarely spotted south of the Aleutian archipelago; however, migrant animals (mostly males) are occasionally reported in the North Pacific. Pacific walruses are presently identified and managed as a single panmictic population (Service 2010, unpublished data). Fossil evidence suggests that walruses occurred in the northwest Pacific during the last glacial maximum (20,000 YBP) with specimens recovered as far south as northern California (Gingras et al. 2007; Harrington 2008). More recently, commercial harvest records indicate that Pacific walruses were hunted along the southern coast of the Russian Federation in the Sea of Okhotsk and near Unimak Pass (Aleutian Islands) and the Shumigan Islands (Alaska Peninsula) of Alaska during the 17th Century (Elliott 1882). Pacific walruses are highly mobile, and their distribution varies markedly in response to seasonal and annual variations in sea ice cover. During the January to March breeding season, walruses congregate in the Bering Sea pack ice in areas where open leads (fractures in sea ice caused by wind drift or ocean currents), polynyas (enclosed areas of unfrozen water surrounded by ice) or thin ice allow access to water (Fay 1982; Fay et al. 1984). The specific location of winter breeding aggregations varies annually depending upon the distribution and extent of ice. Breeding aggregations have been reported southwest of St. Lawrence Island, Alaska; south of Nunivak Island, Alaska; and south of the Chukotka Peninsula in the Gulf of Anadyr, Russian Federation (Fay 1982; Mymrin et al. 1990; Figure 1 in Garlich-Miller et al. 2011a). In spring, as the Bering Sea pack ice deteriorates, most of the population migrates northward through the Bering Strait to summer feeding areas over the continental shelf in the Chukchi Sea. However, several thousand animals, primarily adult males, remain in the Bering Sea during the summer months, foraging from coastal haulouts in the Gulf of Anadyr, Russian Federation, and in Bristol Bay, Alaska (Figure 1 in Garlich-Miller et al. 2011a). Summer distributions (both males and females) in the Chukchi Sea vary annually, depending upon the extent of sea ice. When broken sea ice is abundant, walruses are typically found in patchy aggregations over continental shelf waters. Individual groups may range from fewer than 10 to more than 1,000 animals (Gilbert 1999; Ray et al. 2006). Summer concentrations have been reported in loose pack ice off the northwestern coast of Alaska, between Icy Cape and Point Barrow, and along the coast of Chukotka, Russian Federation, and Wrangel Island (Fay 1982; Gilbert et al. 1992; Belikov et al. 1996). In years of low ice concentrations in the Chukchi Sea, some animals range east of Point Barrow into the Beaufort Sea; walruses have also been observed in the Eastern Siberian Sea in late summer (Fay 1982; Belikov et al. 1996). The pack ice of the Chukchi Sea usually reaches its minimum extent in September. In years when the sea ice retreats north beyond the continental shelf, walruses congregate in large numbers (up to several tens of thousands of animals in some locations) at terrestrial haulouts on Wrangel Island and other sites along the northern coast of the Chukotka Peninsula, Russian Federation, and northwestern Alaska (Fay 1982; Belikov et al. 1996; Kochnev 2004; Ovsyanikov et al. 2007; Kavry et al. 2008; MacCracken 2012). In late September and October, walruses that summered in the Chukchi Sea typically begin moving south in advance of the developing sea ice. Satellite telemetry data indicate that male walruses that summered at coastal haulouts in the Bering Sea also begin to move northward towards winter breeding areas in November (Jay and Hills 2005). The male walruses' northward movement appears to be driven primarily by the presence of females at that time of year (Freitas et al. 2009). Distribution in the Chukchi Sea During the summer months, walruses are widely distributed across the shallow continental shelf waters of the Chukchi Sea. Significant summer concentrations include near Wrangel and Herald Islands in Russian waters and at Hanna Shoal (northwest of Point Barrow) in U.S. waters (Jay et al. 2012). As the ice edge advances southward in the fall, walruses reverse their migration and re-group on the Bering Sea pack ice. The distribution of walruses in the eastern Chukchi Sea where exploration activities will occur is influenced primarily by the distribution and extent of seasonal pack ice. In June and July, scattered groups of walruses are typically found in loose pack ice habitats between Icy Cape and Point Barrow (Fay 1982; Gilbert et al. 1992). Recent telemetry studies investigating foraging patterns in the eastern Chukchi Sea suggest that many walruses focus foraging efforts near Hanna Shoal, northwest of Point Barrow (Jay et al. 2012). In August and September, concentrations of animals tend to be in areas of unconsolidated pack ice, usually within 100 km of the leading edge of the ice pack (Gilbert 1999). Individual groups occupying unconsolidated pack ice typically range from fewer than 10 to more than 1,000 animals. (Gilbert 1999; Ray et al. 2006). In August and September, the edge of the pack ice generally retreats northward to about 71° N latitude; however in light ice years, the edge can retreat north beyond the continental shelf (Douglas 2010). Sea ice normally reaches its minimum (northern) extent sometime in September, and ice begins to reform rapidly in October and November. Walruses typically migrate out of the eastern Chukchi Sea in October in advance of the developing sea ice (Fay 1982; Jay et al. 2012). Hanna Shoal Walrus Use Area Hanna Shoal is a region of the northeastern Chukchi Sea of shallow water and moderate to high benthic productivity (Grebmeier et al. 2006; Dunton 2013) that is important to many species of wildlife, including the Pacific walrus. Walruses forage in the region from June to October, at times reaching numbers of tens of thousands of animals (Brueggeman et al. 1990, 1991; MacCracken 2012; Jay et al. 2012). The Hanna Shoal region has been defined variably in different technical and scientific documents, based on different attributes such as: bathymetry, currents, sea ice dynamics, benthic productivity, animal use patterns, and other administrative considerations. For example, the Audubon Society (Smith 2011) defined Hanna Shoal based on bathymetry, delineating an area of approximately 5,700 km 2 (2,200 mi 2 ). The National Marine Fisheries Service (NMFS) (2013) defined Hanna Shoal as an area of high biological productivity and a feeding area for various marine mammals, including bearded seals ( Erignathus barbatus ) and ringed seals ( Pusa hispida ). Their maps delineate an area of approximately 7,876 km 2 (3,041 mi 2 ). The BOEM Environmental Studies Program reflects both a Hanna Shoal Regional Study Area and a Hanna Shoal Core Study Area of about 720,000 km 2 (278,000 mi 2 ) and 150,000 km 2 (58,000 mi 2 ), respectively (BOEM 2013). For the purposes of these ITRs, the Service is delineating the Hanna Shoal region by use patterns of Pacific walruses, hereinafter referred to as the Hanna Shoal Walrus Use Area (HSWUA), and further described below. The Hanna Shoal region has long been recognized as a critical foraging area for the Pacific walrus in summer and fall (Brueggeman et al. 1990, 1991; MacCracken 2012; Jay et al. 2012), and the Service delineated the HSWUA using walrus foraging and occupancy utilization distributions (UDs) from Jay et al. (2012) for the months of June through September (Figure 2; see Final Regulation Promulgation section). Jay et al. (2012) used walrus satellite telemetry from the Chukchi Sea to delineate UDs of walrus foraging and occupancy during summer and fall from 2008 to 2011. The UDs described in Jay et al. (2012) represent the probability of animals using an area during the time specified. Utilization distributions are a commonly accepted way to delineate areas of concentrated use by a species and the 50 percent UD is often identified as the core use area or area of most concentrated use in many habitat use studies (Samuel et al. 1985; Powell 2000; Laver and Kelley 2008). We consider the combined 50 percent foraging and occupancy UDs from Jay et al. (2012) at Hanna Shoal from June to September to represent the core use area during the time of most concentrated use by walruses, and, therefore, the most appropriate way to delineate the Hanna Shoal region as it pertains to walruses. To delineate the HSWUA, we overlaid the 50 percent UDs for both foraging and occupancy in Jay et al. (2012) in the Hanna Shoal area, as defined bathymetrically by Smith (2011), for the months of June through September. The combined area of those 50 percent UDs produced two adjacent polygons, one on the north slope of the bathymetrically defined shoal and one on the south slope of the bathymetrically defined shoal. We recognize that animals using the areas delineated by those two polygons would be frequently crossing back and forth between those areas and, therefore, joined the two polygons at the closest point on the west and east ends. The final HSWUA totals approximately 24,600 km 2 (9,500 mi 2 ) (Figure 2; see Final Regulation Promulgation section) and can be viewed at: http://alaska.fws.gov/fisheries/mmm/pdf/itr_fr2013_pb_pw.pdf. We believe that it is critical to minimize disturbance to walruses in this area of highly concentrated use during July through September. Due to the large numbers of walruses that could be encountered in the HSWUA from July through September, the Service has determined that additional mitigation measures, such as seasonal restrictions, reduced vessel traffic, or rerouting vessels, may be necessary for activities within the HSWUA to minimize potential disturbance and ensure consistency with the MMPA mandates that only small numbers of walruses be affected with a negligible impact on the stock. On a case-by-case basis, as individual LOA applications are received, we will examine the proposed activities in light of the boundaries of the HSWUA, the nature and timing of the proposed activities, and other available information at the time. If the Service determines that the proposed activity is likely to negatively impact more than small numbers of walruses, we will consider whether additional mitigation and monitoring measures could reduce any potential impacts to meet the small numbers and negligible impact standards. The Service will make those determinations on a case-by-case basis. Population Status The size of the Pacific walrus population has never been known with certainty. Based on large sustained harvests in the 18th and 19th centuries, Fay (1982) speculated that the pre-exploitation population was represented by a minimum of 200,000 animals. Since that time, population size is believed to have fluctuated in response to varying levels of human exploitation. Large scale commercial harvests are believed to have reduced the population to 50,000 to 100,000 animals by the mid-1950s (Fay et al. 1997). The population apparently increased rapidly in size during the 1960s and 1970s, in response to harvest regulations that limited the take of females (Fay et al. 1989). Between 1975 and 1990, visual aerial surveys jointly conducted by the United States and Soviet Union at 5-year intervals produced population estimates ranging from 201,039 to 246,360 (Table 1). Efforts to survey the Pacific walrus population were suspended by both countries after 1990, due to unresolved problems with survey methods that produced population estimates with unknown bias and unknown, but presumably large, variances that severely limited their utility (Speckman et al. 2012). In 2006, a joint United States-Russian Federation survey was conducted in the pack ice of the Bering Sea, using thermal imaging systems to detect walruses hauled out on sea ice and satellite transmitters to account for walruses in the water (Speckman et al. 2012). The number of walruses within the surveyed area was estimated at 129,000, with a 95 percent confidence interval of 55,000 to 507,000 individuals. This is a conservative minimum estimate, as weather conditions forced termination of the survey before much of the southwest Bering Sea was surveyed; animals were observed in that region as the surveyors returned to Anchorage, Alaska. Table 1 provides a summary of survey results. Table 1—Estimates of Pacific Walrus Population Size, 1975 to 2006 Year Population size a (95% confidence interval) Reference 1975 214,687 (-20,000 to 480,000) b Udevitz et al. 2001. 1980 246,360 (-20,000 to 540,000) Johnson et al. 1982; Fedoseev 1984. 1985 242,366 (-20,000 to 510,000) Udevitz et al. 2001. 1990 201,039 (-19,000 to 460,000) Gilbert et al. 1992. 2006 129,000 (55,000 to 507,000) Speckman et al. 2011. a Due to differences in methods, comparisons of estimates across years (population trend) are subject to several caveats and not reliable. b 95 percent confidence intervals for 1975 to 1990 are from Fig. 1 in Hills and Gilbert (1994). These estimates suggest that the walrus population has declined; however, discrepancies among the survey methods and large confidence intervals that in some cases overlap zero do not support such a definitive conclusion. Resource managers in the Russian Federation have concluded that the population has declined and have reduced harvest quotas in recent years accordingly (Kochnev 2004; Kochnev 2005; Kochnev 2010, pers. comm.), based in part on the lower abundance estimate generated from the 2006 survey. However, past survey results are not directly comparable due to differences in survey methods, timing of surveys, segments of the population surveyed, and incomplete coverage of areas where walruses may have been present (Fay et al. 1997); thus, these results do not provide a basis for determining trend in population size (Hills and Gilbert 1994; Gilbert 1999). Whether prior estimates are biased low or high is unknown, because of problems with detecting individual animals on ice or land, and in open water, and difficulties counting animals in large, dense groups (Speckman et al. 2011). In addition, no survey has ever been completed within a time frame that could account for the redistribution of individuals (leading to double counting or undercounting), or before weather conditions either delayed the effort or completely terminated the survey before the entire area of potentially occupied habitat had been covered (Speckman et al. 2011). Due to these problems, as well as seasonal differences among surveys (fall or spring) and despite technological advancements that correct for some problems, we do not believe the survey results provide a reliable basis for estimating a population trend. Changes in the walrus population have also been investigated by examining changes in biological parameters over time. Based on evidence of changes in abundance, distributions, condition indices, pregnancy rates, and minimum breeding age, Fay et al. (1989) and Fay et al. (1997) concluded that the Pacific walrus population increased greatly in size during the 1960s and 1970s, and postulated that the population was near, or had exceeded, the carrying capacity (K) of its environment by the early 1980s. We will expect the population to decline if K is exceeded. In addition, harvests increased in the 1980s. Changes in the size, composition, and productivity of the sampled walruses harvested in the Bering Strait region of Alaska over this time frame are consistent with this hypothesis (Garlich-Miller et al. 2006; MacCracken 2012). Harvest levels declined sharply in the early 1990s, and increased reproductive rates and earlier maturation in females occurred, suggesting that density dependent regulatory mechanisms had been relaxed and the population was likely below K (Garlich-Miller et al. 2006; MacCracken 2012). However, Garlich-Miller et al. (2006) also noted that there are no data concerning the trend in abundance of the walrus population or the status of its prey to verify this hypothesis, and that whether density dependent changes in life-history parameters might have been mediated by changes in population abundance or changes in the carrying capacity of the environment is unknown. Habitat The Pacific walrus is an ice-dependent species that relies on sea ice for many aspects of its life history. Unlike other pinnipeds, walruses are not adapted for a pelagic existence and must haul out on ice or land regularly. Floating pack ice serves as a substrate for resting between feeding dives (Ray et al. 2006), breeding behavior (Fay et al. 1984), giving birth (Fay 1982), and nursing and care of young (Kelly 2001). Sea ice provides access to offshore feeding areas over the continental shelf of the Bering and Chukchi Seas, passive transportation to new feeding areas (Richard 1990; Ray et al. 2006), and isolation from terrestrial predators (Richard 1990; Kochnev 2004; Ovsyanikov et al. 2007). Sea ice provides an extensive substrate upon which the risk of predation and hunting is greatly reduced (Kelly 2001; Fay 1982). Sea ice in the Northern Hemisphere is comprised of first year sea ice that formed in the most recent autumn/winter period, and multi-year ice that has survived at least one summer melt season. Sea ice habitats for walruses include openings or leads that provide access to the water and to food resources. Walruses generally do not use multi-year ice or highly compacted first year ice in which there is an absence of persistent leads or polynyas (Richard 1990). Expansive areas of heavy ice cover are thought to play a restrictive role in walrus distributions across the Arctic and serve as a barrier to the mixing of populations (Fay 1982; Dyke et al. 1999; Harington 2008). Walruses generally do not occur farther south than the maximum extent of the winter pack ice, possibly due to their reliance on sea ice for breeding and rearing young (Fay et al. 1984) and isolation from terrestrial predators (Kochnev 2004; Ovsyanikov et al. 2007), or because of the higher densities of benthic invertebrates in northern waters (Grebmeier et al. 2006a). Walruses may utilize ice that is greater than 20 cm (~8 in), but generally require ice thicknesses of 50 cm (~20 in) or more to support their weight, and are not found in areas of extensive, unbroken ice (Fay 1982; Richard 1990). Thus, in winter they concentrate in areas of broken pack ice associated with divergent ice flow or along the margins of persistent polynyas (Burns et al. 1981; Fay et al. 1984; Richard 1990) in areas with abundant food resources (Ray et al. 2006). Females with young generally spend the summer months in pack ice habitats of the Chukchi Sea. Some authors have suggested that the size and topography of individual ice floes are important features in the selection of ice haulouts, noting that some animals have been observed returning to the same ice floe between feeding bouts (Ray et al. 2006). Conversely, walruses can and will exploit a broad range of ice types and ice concentrations in order to stay in preferred foraging or breeding areas (Freitas et al. 2009; Jay et al. 2010; Ray et al. 2010). Walruses tend to make shorter foraging excursions when they are using sea ice rather than land haulouts (Udevitz et al. 2009), suggesting that it is more energetically efficient for them to haulout on ice than forage from shore. Fay (1982) noted that several authors reported that when walruses had the choice of ice or land for a resting place, ice was always selected. However, walrus occupancy of an area can be somewhat independent of ice conditions. Many walruses will stay over productive feeding areas even to the point when the ice completely melts out. It appears that adult females and younger animals can remain at sea for a week or two before coming to shore to rest. When suitable sea ice is not available, walruses haul out on land to rest. A wide variety of substrates, ranging from sand to boulders, are used. Isolated islands, points, spits, and headlands are occupied most frequently. The primary consideration for a terrestrial haulout site appears to be isolation from disturbances and predators, although social factors, learned behavior, protection from strong winds and surf, and proximity to food resources also likely influence the choice of terrestrial haulout sites (Richard 1990). Walruses tend to use established haulout sites repeatedly and exhibit some degree of fidelity to these sites (Jay and Hills 2005), although the use of coastal haulouts appears to fluctuate over time, possibly due to localized prey depletion (Garlich-Miller and Jay 2000). Human disturbance is also thought to influence the choice of haulout sites; many historic haulouts in the Bering Sea were abandoned in the early 1900s when the Pacific walrus population was subjected to high levels of exploitation (Fay 1982; Fay et al. 1984). Adult male walruses use land-based haulouts more than females or young, and consequently, have a greater geographical distribution through the ice-free season. Many adult males remain in the Bering Sea throughout the ice-free season, making foraging trips from coastal haulouts in Bristol Bay, Alaska, and the Gulf of Anadyr, Russian Federation (Figure 1 in Garlich-Miller et al. 2011a), while females and juvenile animals generally stay with the drifting ice pack throughout the year (Fay 1982). Females with dependent young may prefer sea ice habitats because coastal haulouts pose greater risk from trampling injuries and predation (Fay and Kelly 1980; Ovsyanikov et al. 1994; Kochnev 2004; Ovsyanikov et al. 2007; Kavry et al. 2008; Mulcahy et al. 2009). Females may also prefer sea ice habitats because they may have difficulty feeding while caring for a young calf that has limited swimming range (Cooper et al. 2006; Jay and Fischbach 2008). The numbers of male walruses using coastal haulouts in the Bering Sea during the summer months, and the relative uses of different coastal haulout sites in the Bering Sea, have varied over the past century. Harvest records indicate that walrus herds were once common at coastal haulouts along the Alaska Peninsula and the islands of northern Bristol Bay (Fay et al. 1984). By the early 1950s, most of the traditional haulout areas in the southern Bering Sea had been abandoned, presumably due to hunting pressure. During the 1950s and 1960s, Round Island was the only regularly used haulout in Bristol Bay, Alaska. In 1960, the State of Alaska established the Walrus Islands State Game Sanctuary, which closed Round Island to hunting. Peak counts of walruses at Round Island increased from 1,000 to 2,000 animals in the late 1950s (Frost et al. 1983) to more than 10,000 animals in the early 1980s (Sell and Weiss 2010), but subsequently declined to 2,000 to 5,000 over the past decade (Sell and Weiss 2010). General observations indicate that declining walrus counts at Round Island may, in part, reflect a redistribution of animals to other coastal sites in the Bristol Bay region. For example, walruses have been observed increasingly regularly at the Cape Seniavin haulout on the Alaska Peninsula since the 1970s, and at Cape Pierce and Cape Newenham in northwest Bristol Bay since the early 1980s (Jay and Hills 2005; Winfree 2010; Figure 1 in Garlich-Miller et al. 2011a), and more recently at Hagemeister Island. Traditional male summer haulouts along the Bering Sea coast of the Russian Federation include sites along the Kamchatka Peninsula, the Gulf of Anadyr (most notably Rudder and Meechkin spits), and Arakamchechen Island (Garlich-Miller and Jay 2000; Figure 1 in Garlich-Miller et al. 2011a). Walruses have not occupied several of the southernmost haulouts along the coast of Kamchatka in recent years, and the number of animals in the Gulf of Anadyr has also declined in recent years (Kochnev 2005). Factors influencing abundance at Bering Sea haulouts are poorly understood, but may include changes in prey densities near the haulouts, changes in population size, disturbance levels, and changing seasonal distributions (Jay and Hills 2005) (presumably mediated by sea ice coverage or temperature). Historically, coastal haulouts along the Arctic (Chukchi Sea) coast have been used less consistently during the summer months than those in the Bering Sea because of the presence of pack ice for much of the year in the Chukchi Sea. Since the mid-1990s, reductions of summer sea ice coincided with a marked increase in the use of coastal haulouts along the Chukchi Sea coast of the Russian Federation during the summer months (Kochnev 2004; Kavry et al. 2008). Large, mixed (composed of various age and sex groups) herds of walruses, up to several tens of thousands of animals, began to use coastal haulouts on Wrangel Island, Russian Federation, in the early 1990s, and several coastal haulouts along the northern Chukotka coastline of the Russian Federation have emerged in recent years, likely as a result of reductions in summer sea ice in the Chukchi Sea (Kochnev 2004; Ovsyanikov et al. 2007; Kavry et al. 2008; Figure 1 in Garlich-Miller et al. 2011a). In 2007, 2009, 2010, and 2011, walruses were also observed hauling out in large numbers with mixed sex and age groups along the Chukchi Sea coast of Alaska in late August, September, and October (Thomas et al. 2009; Service 2010, unpublished data; Garlich-Miller et al. 2011b; MacCracken 2012). Monitoring studies conducted in association with oil and gas exploration suggest that the use of coastal haulouts along the Arctic coast of Alaska during the summer months is dependent upon the availability of sea ice. For example, in 2006 and 2008, walruses foraging off the Chukchi Sea coast of Alaska remained with the ice pack over the continental shelf during the months of August, September, and October. However in 2007 and 2009, the pack ice retreated beyond the continental shelf and large numbers of walruses hauled out on land at several locations between Point Barrow and Cape Lisburne, Alaska (Ireland et al. 2009; Thomas et al. 2009; Service 2010, unpublished data; Figure 1 in Garlich-Miller et al. 2011a), and in 2010 and 2011, at least 20,000 to 30,000 walruses were observed hauled out approximately 4.8 km (3 mi) north of the Native Village of Point Lay, Alaska (Garlich-Miller et al. 2011b). Transitory coastal haulouts have also been reported in late fall (October to November) along the southern Chukchi Sea coast, coinciding with the southern migration. Mixed herds of walruses frequently come to shore to rest for a few days to weeks along the coast before continuing on their migration to the Bering Sea. Cape Lisburne, Alaska, and Capes Serdtse-Kamen' and Dezhnev, Russian Federation, are the most consistently used haulouts in the Chukchi Sea at this time of year (Garlich-Miller and Jay 2000). Large mixed herds of walruses have also been reported in late fall and early winter at coastal haulouts in the northern Bering Sea at the Punuk Islands and Saint Lawrence Island, Alaska; Big Diomede Island, Russian Federation; and King Island, Alaska, prior to the formation of sea ice in offshore breeding and feeding areas (Fay and Kelly 1980; Garlich-Miller and Jay 2000; Figure 1 in Garlich-Miller et al. 2011a). Life History Walruses are long-lived animals with low rates of reproduction, much lower than other pinniped species. Walruses may live 35 to 40 years and some may remain reproductively active until relatively late in life (Garlich-Miller et al. 2006). Females give birth to one calf every 2 or more years. Breeding occurs between January and March in the pack ice of the Bering Sea. Calves are usually born in late April or May the following year during the northward migration from the Bering Sea to the Chukchi Sea. Calving areas in the Chukchi Sea extend from the Bering Strait to latitude 70°N (Fay et al. 1984). At birth, walrus calves weigh approximately 65 kg (143 pounds [lb]) and are about 113 cm (44.5 in) long (Fay 1982). Calves are capable of entering the water shortly after birth, but tend to haulout frequently, until their swimming ability and blubber layer are well developed. Females tend newborn calves closely and accompany their mother from birth until weaned after 2 years or more. Cows brood neonates to aid in their thermoregulation (Fay and Ray 1968), and carry them on their back or under their flipper while in the water (Gehnrich 1984). Females with newborns often join to form large “nursery herds” (Burns 1970). Summer distribution of females and young walruses is related to the movements of the pack ice relative to feeding areas. After the first 7 years of life, the growth rate of female walruses declines rapidly, and they reach a maximum body size by approximately 10 years of age. Females reach sexual maturity at 4 to 9 years of age. Adult females can reach lengths of up to 3 m (9.8 ft) and weigh up to 1,100 kg (2,425 lb). Male walruses tend to grow faster and for a longer period than females. Males become fertile at 5 to 7 years of age; however, they are usually unable to compete for mates until they reach full adult body size at 15 to 16 years of age. Adult males can reach lengths of 3.5 m (11.5 ft) and can weigh more than 2,000 kg (4,409 lb) (Fay 1982). Behavior Walruses are social and gregarious animals. They tend to travel in groups and haul out of the water to rest on ice or land in densely packed groups. On land or ice, in any season, walruses tend to lie in close physical contact with each other. Young animals often lie on top of adults. Group size can range from a few individuals up to several thousand animals (Gilbert 1999; Kastelein 2002; Jefferson et al. 2008). At any time of the year, when groups are disturbed, stampedes from a haulout can result in injuries and mortalities. Calves and young animals are particularly vulnerable to trampling injuries (Fay 1980; Fay and Kelly 1980). The reaction of walruses to disturbance ranges from no reaction to escape into the water, depending on the circumstances (Fay et al. 1984). Many factors play into the severity of the response, including the age and sex of the animals, the size and location of the group (on ice, in water, Fay et al. 1984). Females with calves appear to be most sensitive to disturbance, and animals on shore are more sensitive than those on ice (Fay et al. 1984). A fright response caused by disturbance can cause stampedes on a haulout, resulting in injuries and mortalities (Fay and Kelly 1980). Mating occurs primarily in January and February in broken pack ice habitat in the Bering Sea. Breeding bulls follow herds of females and compete for access to groups of females hauled out onto sea ice. Males perform visual and acoustical displays in the water to attract females and defend a breeding territory. Sub-dominant males remain on the periphery of these aggregations and apparently do not display. Intruders into display areas are met with threat displays and physical attacks. Individual females leave the resting herd to join a male in the water, where copulation occurs (Fay et al. 1984; Sjare and Stirling 1996). The social bond between the mother and calf is very strong, and it is unusual for a cow to become separated from her calf (Fay 1982). The calf normally remains with its mother for at least 2 years, sometimes longer, if not supplanted by a new calf (Fay 1982). After separation from their mother, young females tend to remain with groups of adult females, whereas young males gradually separate from the females and begin to associate with groups of other males. Walruses appear to base their individual social status on a combination of body size, tusk size, and aggressiveness. Individuals do not necessarily associate with the same group of animals and must continually reaffirm their social status in each new aggregation (Fay 1982; NAMMCO 2004). Walruses produce a variety of sounds (barks, knocks, grunts, rasps, clicks, whistles, contact calls, etc.; Miller 1985; Stirling et al. 1987), which range in frequency from 0.1 to 4,000 hertz [Hz] (Miller 1985; Richardson et al. 1995). Airborne vocalizations accompany nearly every social interaction that occurs on land or ice (Miller 1985; Charrier et al. 2011) and facilitate kin recognition, male breeding displays, recognition of conspecifics, and female mate choice (Insley et al. 2003; Charrier et al. 2011). Miller (1985) indicated that barks and other calls were used to promote group cohesion and prompted herd members to attend to young distressed animals. Walruses also vocalize extensively while underwater, which has been used to track movements, study behavior, and infer relative abundance (Stirling et al. 1983; Hannay et al. 2012, Mouy et al. 2012). The purposes of underwater vocalizations are not explicitly known but are associated with breeding (Ray and Watkins 1975; Stirling et al. 1987; Sjare et al. 2003), swimming, and diving (Hannay et al. 2012). Stirling et al. (1987) suggested that variation among individuals in stereotyped underwater calls may be used to identify individuals. Mouy et al. (2012) opined that knocks made while diving may be used to locate the bottom and identify bottom substrates associated with prey. Underwater vocalizations may also be used to communicate with other walruses. Because of walrus grouping behavior, all vocal communications occur within a short distance (Miller 1985). Walruses' underwater vocalizations can be detected for only a few kilometers (Mouy et al. 2012) and likely do not act as long distance communication. Prey Walruses consume mostly benthic (region at the bottom of a body of water) invertebrates and are highly adapted to obtain bivalves (Fay 1982; Bowen and Siniff 1999; Born et al. 2003; Dehn et al. 2007; Boveng et al. 2008; Sheffield and Grebmeier 2009). Fish and other vertebrates have occasionally been found in their stomachs (Fay 1982; Sheffield and Grebmeier 2009). Walruses root in the bottom sediment with their muzzles and use their whiskers to locate prey items. They use their fore flippers, nose, and jets of water to extract prey buried up to 32 cm (12.6 in) (Fay 1982; Oliver et al. 1983; Kastelein 2002; Levermann et al. 2003). The foraging behavior of walruses is thought to have a major impact on benthic communities in the Bering and Chukchi Seas (Oliver et al. 1983; Klaus et al. 1990). Ray et al. (2006) estimate that walruses consume approximately 3 million metric tons (3,307 tons) of benthic biomass annually, and that the area affected by walruses foraging is in the order of thousands of sq km (thousands of sq mi) annually. Consequently, walruses play a major role in benthic ecosystem structure and function, which Ray et al. (2006) suggested increased nutrient flux and productivity. The earliest studies of food habits were based on examination of stomachs from walruses killed by hunters. These reports indicated that walruses were primarily feeding on bivalves (clams), and that non-bivalve prey was only incidentally ingested (Fay 1982; Sheffield et al. 2001). However, these early studies did not take into account the differential rate of digestion of prey items (Sheffield et al. 2001). Additional research indicates that stomach contents include over 100 taxa of benthic invertebrates from all major phyla (Fay 1982; Sheffield and Grebmeier 2009), and while bivalves remain the primary component, walruses are not adapted to a diet solely of clams. Other prey items have similar energetic benefits (Wacasey and Atkinson 1987). Based on analysis of the contents from fresh stomachs of Pacific walruses collected between 1975 and 1985 in the Bering Sea and Chukchi Sea, prey consumption likely reflects benthic invertebrate composition (Sheffield and Grebmeier 2009). Of the large number of different types of prey, statistically significant differences between males and females from the Bering Sea were found in the occurrence of only two prey items, and there were no statistically significant differences in results for males and females from the Chukchi Sea (Sheffield and Grebmeier 2009). Although these data are for Pacific walruses stomachs collected 25 to 35 years ago, we have no reason to believe there has been a change in the general pattern of prey use described here. Walruses typically swallow invertebrates without shells in their entirety (Fay 1982). Walruses remove the soft parts of mollusks from their shells by suction, and discard the shells (Fay 1982). Born et al. (2003) reported that Atlantic walruses consumed an average of 53.2 bivalves (range 34 to 89) per dive. Based on caloric need and observations of captive walruses, walruses require approximately 29 to 74 kg (64 to 174 lbs) of food per day (Fay 1982). Adult males forage little during the breeding period (Fay 1982; Ray et al. 2006), while lactating females may eat two to three times that of non-pregnant, non-lactating females (Fay 1982). Calves up to 1 year of age depend primarily on their mother's milk (Fay 1982) and are gradually weaned in their second year (Fisher and Stewart 1997). Although walruses are capable of diving to depths of more than 250 m (820 ft) (Born et al. ), they usually forage in waters of 80 m (262 ft) or less (Fay and Burns 1988, Born et al. 2003; Kovacs and Lydersen 2008), presumably because of higher productivity of their benthic foods in shallow waters (Fay and Burns 1988; Carey 1991; Jay et al. 2001; Grebmeier et al. 2006b; Grebmeier et al. 2006a). Walruses make foraging trips from land or ice haulouts that range from a few hours up to several days and up to 100 km (60 mi) (Jay et al. 2001; Born et al. 2003; Ray et al. 2006; Udevitz et al. 2009). Walruses tend to make shorter and more frequent foraging trips when sea ice is used as a foraging platform compared to terrestrial haulouts (Udevitz et al. 2009). Satellite telemetry data for walruses in the Bering Sea in April of 2004, 2005, and 2006 showed they spent an average of 46 hours in the water between resting bouts on ice, which averaged 9 hours (Udevitz et al. 2009). Because females and young travel with the retreating pack ice in the spring and summer, they are passively transported northward over feeding grounds across the continental shelves of the Bering and Chukchi Seas. Male walruses appear to have greater endurance than females, with foraging excursions from land haulouts that can last up to 142 hours (about 6 days) (Jay et al. 2001). Mortality Polar bears are known to prey on walrus calves, and killer whales ( Orcinus orca ) have been known to take all age classes of walruses. Predation levels are thought to be highest near terrestrial haulout sites where large aggregations of walruses can be found; however, few observations exist for offshore environs. Pacific walruses have been hunted by coastal Natives in Alaska and Chukotka for thousands of years. Exploitation of the Pacific walrus population by Europeans has also occurred in varying degrees since the late 17th century. Currently only Native Alaskans and Chukotkans can hunt Pacific walruses to meet subsistence needs. The Service, in partnership with the Eskimo Walrus Commission (EWC) and the Association of Traditional Marine Mammal Hunters of Chukotka, administered subsistence harvest monitoring programs in Alaska and Chukotka between 2000 to 2005. Harvests from 2006 to 2010 averaged 4,854 walruses per year (Service, unpubl. data). These mortality estimates include corrections for under-reported harvest and struck and lost animals. Intra-specific trauma is also a known source of injury and mortality. Disturbance events can cause walruses to stampede into the water and have been known to result in hundreds to thousands of injuries and mortalities. The risk of stampede-related injuries increases with the number of animals hauled out. Calves and young animals at the perimeter of these herds are particularly vulnerable to trampling injuries. Polar bears ( Ursus maritimus ) Stock Definition and Range Polar bears are circumpolar in their distribution in the northern hemisphere. In Alaska, polar bears have historically been observed as far south in the Bering Sea as St. Matthew Island and the Pribilof Islands (Ray 1971). Two subpopulations, or stocks, occur in Alaska: The Chukchi/Bering Seas stock (CS), and the Southern Beaufort Sea stock (SBS). This final rule primarily discusses the CS stock. A detailed description of the CS and SBS polar bear stocks can be found in the Polar Bear ( Ursus maritimus ) Stock Assessment Reports at http://alaska.fws.gov/fisheries/mmm/stock/final_sbs_polar_bear_sar.pdf and http://alaska.fws.gov/fisheries/mmm/stock/final_cbs_polar_bear_sar.pdf. A summary of the CS polar bear stock is described below. The CS stock is widely distributed on the pack ice in the Chukchi Sea and northern Bering Sea and adjacent coastal areas in Alaska and Chukotka, Russia. The northeastern boundary of the CS population is near the Colville Delta in the central Beaufort Sea (Garner et al. 1990; Amstrup 1995; Amstrup et al. 2005) and the western boundary is near the Kolyma River in northeastern Siberia. The population's southern boundary is determined by the extent of annual sea ice in the Bering Sea. It is important to note that the eastern boundary of the CS population constitutes a large overlap zone with bears in the SBS population (Amstrup et al. 2004). In this large overlap zone, roughly north of Barrow, Alaska, it is thought that polar bears are approximately 50 percent from the CS population and 50 percent from the SBS population (Amstrup et al. 2004; Obbard et al. 2010). Currently, capture based studies are being conducted by the Service in the U.S. portion of the Chukchi Sea to provide updated information on population delineation and habitat use. Distribution in the Chukchi Sea Polar bears are common in the Chukchi Sea and their distribution is influenced by the movement of the seasonal pack ice. Polar bears in the Chukchi Sea migrate seasonally with the pack ice but are typically dispersed throughout the region anywhere sea ice and prey may be found (Garner et al. 1990; Amstrup 2003). The distance between the northern and southern extremes of the seasonal pack ice in the Chukchi/Bearing Seas is approximately 1,300 km (~807 mi). There may be, however, significant differences year to year. Sea ice throughout the Arctic is changing rapidly and dramatically due to climate change (Douglas 2010). In May and June, polar bears are likely to be encountered over relatively shallow continental shelf waters associated with ice as they move northward from the northern Bering Sea, through the Bering Strait into the southern Chukchi Sea. During the fall and early winter period polar bears are likely to be encountered in the Chukchi Sea during their southward migration in late October and November. Polar bears are dependent upon the sea ice for foraging, and the most productive areas seem to be near the ice edge, leads, or polynyas where the ocean depth is minimal (Durner et al. 2004). In addition, polar bears may be present along the shoreline in this area, as they will opportunistically scavenge on marine mammal carcasses washed up along the shoreline (Kalxdorff and Fischbach 1998). Population Status The global population estimate of polar bears is approximately 20,000 to 25,000 individuals (Obbard et al. 2010). Polar bears typically occur at low densities throughout their circumpolar range (DeMaster and Stirling 1981). The CS stock likely increased after the level of harvest in the United States was reduced subsequent to passage of the MMPA in 1972; however, its status is now considered to be declining based on reported high levels of illegal killing in Russia combined with continued subsistence harvest in the United States, and observed and projected losses in sea ice habitat (Obbard et al. 2010). Polar bears in the CS stock are classified as depleted under the MMPA and listed as threatened under the Endangered Species Act of 1973, as amended (ESA)(16 U.S.C. 1531 et seq.). It has been difficult to obtain a reliable population estimate for this stock due to the vast and inaccessible nature of the habitat, movement of bears across international boundaries, logistical constraints of conducting studies in Russian Federation territory, and budget limitations (Amstrup and DeMaster 1988; Garner et al. 1992; Garner et al. 1998; Evans et al. 2003). The recent estimate of the CS stock is approximately 2,000 animals, based on extrapolation of aerial den surveys (Lunn et al. 2002; USFWS 2010). Estimates of the stock have been derived from observations of dens and aerial surveys (Chelintsev 1977; Stishov 1991a; Stishov 1991b; Stishov et al. 1991); however, these estimates have wide confidence intervals, are considered to be of little value for management, and cannot be used to evaluate status and trend for this stock. Reliable estimates of population size based upon traditional wildlife research methods such as capture-recapture or aerial surveys are not available for this region, and measuring the population size remains a research challenge (Evans et al. 2003). Current and new research studies in the United States and Russian Federation are aimed at monitoring population status via ecological indicators (e.g., recruitment rates and body condition) and reducing uncertainty associated with estimates of survival and population size. Habitat Polar bears depend on the sea-ice-dominated ecosystem for survival. Polar bears of the Chukchi Sea are subject to the movements and coverage of the pack ice and annual ice as they are dependent on the ice as a platform for hunting, feeding, and mating. Historically, polar bears of the Chukchi Sea have spent most of their time on the annual ice in near-shore, shallow waters over the productive continental shelf, which is associated with the shear zone and the active ice adjacent to the shear zone. Sea ice and food availability are two important factors affecting the distribution of polar bears and their use of habitat. During the ice-covered season, bears use the extent of the annual ice. The most extensive north-south movements of polar bears are associated with the spring and fall ice movement. For example, during the 2006 ice-covered season, six bears radio-collared in the Beaufort Sea were located in the Chukchi and Bering Seas as far south as 59° latitude, which was the farthest extent of the annual ice during 2006. In addition, a small number of bears sometimes remain on the Russian and Alaskan coasts during the initial stages of ice retreat in the spring. Polar bear distribution during the open-water season in the Chukchi Sea, where maximum open water occurs in September, is dependent upon the location of the ice edge as well. The summer ice pack can be unconsolidated, and segments move great distances by wind, carrying polar bears with them. Recent telemetry movement data are lacking for bears in the Chukchi Sea; however, an increased trend by polar bears to use coastal habitats in the fall during open-water and freeze-up conditions has been noted by researchers since 1992. Recently, during the minimum sea ice extents, which occurred in 2005 and 2007, polar bears exhibited this coastal movement pattern as observations from Russian biologists and satellite telemetry data of bears in the Beaufort Sea indicated that bears were found on the sea ice or along the Chukotka coast during the open-water period. Changes in sea ice are occurring in the Chukchi Sea because of climate change (Service 2010). With sea ice decreasing, scientists are observing effects of climate change on polar bear habitat, such as an increased amount of open water for longer periods; a reduction in the stable, multi-year ice; and a retraction of sea ice away from productive continental shelf areas (Service 2010). Polar bears using the Chukchi Sea are currently experiencing the initial effects of changes in the sea-ice conditions (Rode and Regehr et al. 2007) and will be vulnerable to seasonal changes in sea ice that could limit their access to prey. As a measure to protect polar bears and their habitat from the effects of climate change, the Service designated critical habitat for polar bear populations in the United States effective January 6, 2011 (75 FR 76086; December 7, 2010). Critical habitat identifies geographic areas that contain features essential for the conservation of an endangered or threatened species, and that may require special management or protection. On January 13, 2013 the U.S. District Court for the District of Alaska issued an order ( Alaska Oil and Gas Association and American Petroleum Institute v. Salazar, Case No. 3:11-cv-0025-RRB) that vacated and remanded the polar bear critical habitat final rule to the Service. Although the critical habitat final rule has been vacated, the Service still has an obligation to consider the potential impacts of Industry activities upon polar bear habitat. Because the Service believes the habitat identified in the critical habitat final rule is important in any event, our analysis of potential impacts of Industry activities upon polar bear habitat evaluates impacts on the following habitat types: Barrier island habitat, sea ice habitat (both described in geographic terms), and terrestrial denning habitat (a functional determination). Barrier island habitat includes coastal barrier islands and spits along Alaska's coast, and is used for denning, refuge from human disturbance, access to maternal dens and feeding habitat, and travel along the coast. Sea ice habitat is located over the continental shelf, and includes water 300 m (~984 ft) or less in depth. Terrestrial denning habitat includes lands within 32 km (~20 mi) of the northern coast of Alaska between the Canadian border and the Kavik River, and within 8 km (~5 mi) between the Kavik River and Barrow. The total area designated covers approximately 484,734 sq km (~187,157 sq mi), and is entirely within the lands and waters of the United States. Important polar bear habitat is described in detail in the final rule that designated polar bear critical habitat (75 FR 76086; December 7, 2010). You can view the rule at: http://alaska.fws.gov/fisheries/mmm/polarbear/pdf/federal_register_notice.pdf. Life History Polar bears are specially adapted for life in the Arctic and are distributed throughout most ice-covered seas of the circumpolar Northern Hemisphere (Amstrup 2003). They are generally limited to areas where the sea is ice-covered for much of the year; however, polar bears are not evenly distributed throughout their range. They are most abundant near the shore in shallow water areas, and in other areas where currents and ocean upwelling increase marine productivity and maintain some open water during the ice covered season (Stirling and Smith 1975; Stirling et al. 1981; Amstrup and DeMaster 1988; Stirling 1990; Stirling and Øritsland 1995; Stirling and Lunn 1997; Amstrup et al. 2000; Amstrup 2003). Over most of their range, polar bears remain on the sea ice year-round, or spend only short periods on land (Amstrup 2003). Denning and Reproduction Female polar bears without dependent cubs breed in the spring. Females can produce their first litter of cubs at 5 to 6 years of age (Stirling et al. 1976; Stirling et al. 1977; Lentfer and Hensel 1980; Lentfer et al. 1980; Ramsay and Stirling 1982, 1988; Furnell and Schweinsburg 1984; Amstrup 2003). Pregnant females typically enter maternity dens from November through December, and the young are usually born in late December or early January (Lentfer and Hensel 1980; Amstrup 2003). Only pregnant females den for an extended period during the winter; other polar bears may excavate temporary dens to escape harsh winter conditions, but otherwise remain active year-round (Amstrup 2003). Each pregnancy can result in up to three cubs, an average pregnancy results in two cubs being born. The average reproductive interval for a polar bear is 3 to 4 years, and a female polar bear can produce about 8 to 10 cubs in her lifetime. In healthy populations, 50 to 60 percent of the cubs may survive through their first year of life after leaving the den (Amstrup 2003). In late March or early April, the female and cubs emerge from their den. Polar bears have extended maternal care and most dependent young remain with their mother for approximately 2.3 years (Amstrup 2003). If the mother moves young cubs from the den before they can walk or withstand the cold, mortality of the cubs may result. Therefore, it is thought that successful denning, birthing, and rearing activities require a relatively undisturbed environment. Amstrup (2003), however, observed that polar bear females in a den are able to cope with and can display remarkable tolerance for a variety of human disturbance. Radio and satellite telemetry studies indicate that denning can occur in multi-year pack ice and on land. Recent studies of the SBS indicate that the proportion of dens on pack ice have declined from approximately 60 percent from 1985 to 1994, to 40 percent from 1998 to 2004 (Fischbach et al. 2007). In Alaska, areas of maternal polar bear dens of both the CS and SBS stocks appear to be less concentrated than stocks located in Canada and the Russian Federation. Though some variations in denning occur among polar bears from various stocks, there are significant similarities. A common trait of polar bear denning habitat is topographic features that accumulate enough drifted snow for females to excavate a den (Amstrup 2003; Durner et al. 2003; Durner et al. 2006). Certain areas, such as barrier islands (linear features of low elevation land adjacent to the main coastline that are separated from the mainland by bodies of water), river bank drainages, much of the North Slope coastal plain, and coastal bluffs that occur at the interface of mainland and marine habitat receive proportionally greater use for denning than other areas by bears from the SBS stock (Durner et al. 2003; Durner et al. 2006). Maternal denning occurs on tundra-bearing barrier islands along the Beaufort Sea and in the large river deltas, such as the Colville and Canning Rivers. Denning of bears from the CS stock occurs primarily on Wrangel and Herald Islands, and on the Chukotka coast in the Russian Federation. Though maternal denning habitat is found on the western coast of Alaska, denning on land for the U.S. portion of the CS stock is not common. However, occasional reports as well as the traditional knowledge of Alaska Natives indicate that it does happen. Prey Ringed seals are the primary prey of polar bears in most areas. Bearded seals are also common prey for polar bears in the CS stock. Pacific walrus calves are hunted occasionally, and walrus carcasses are scavenged at haulouts where trampling occurs. Polar bears will occasionally feed on bowhead whale ( Balaena mysticetus ) carcasses opportunistically wherever they may wash ashore and at Point Barrow, Cross Island, and Barter Island, which are areas where the remains of bowhead whales harvested for subsistence purposes are deposited. There are also reports of polar bears killing beluga whales ( Delphinapterus leucas ) trapped in the ice. Utilization of sea ice is a vital component of polar bear predatory behavior. Polar bears use sea ice as a platform to hunt seals, travel, seek mates, and rest, among other things. They may hunt along leads, polynyas, and other areas of open water associated with sea ice. Polar bears employ a diverse range of methods and tactics to hunt prey. They may wait motionless for extended periods at a seal breathing hole, or may use scent to locate a seal lair then break through the roof; seal lairs are excavated in snow drifts on top of the ice. Polar bears may ambush seals along an ice edge from the ice or from the water. Polar bears also stalk seals hauled out on the ice during warmer weather in the spring. These are just few examples of the predatory methods of polar bears. The common factor is the presence of sea ice in order for polar bears to access prey. Due to changing sea ice conditions, the area and time period of open water and proportion of marginal ice has increased. On average, ice in the Chukchi Sea is melting sooner and retreating farther north each year, and re-forming later. The annual period of time that sea ice is over the shallow, productive waters of the continental shelf is also diminishing. These effects may limit the availability of seals to polar bears, as the most productive areas for seals appear to be over the shallow waters of the continental shelf. On December 28, 2012, NMFS issued a final determination to list the ringed and bearded ice seal populations (77 FR 76706 and 77 FR 76740, respectively) that exist in U.S. waters as threatened under the ESA. The loss of ice and snow cover were the most significant conservation concerns in regards to the ice seals, and NMFS concluded that sea ice and snow cover will likely further decrease in the foreseeable future resulting in population declines that threaten the survival of both seal populations. Mortality Natural causes of mortality among polar bears are not well understood (Amstrup 2003). Polar bears are long-lived (up to 30 years in captivity); have no natural predators, except other polar bears; and do not appear prone to death by diseases or parasites (Amstrup 2003). Accidents and injuries incurred in the dynamic and harsh sea ice environment, injuries incurred while fighting other bears, starvation (usually during extreme youth or old age), freezing (also more common during extreme youth or old age), and drowning are all known natural causes of polar bear mortality (Derocher and Stirling 1996; Amstrup 2003). Cannibalism by adult males on cubs and other adult bears is also known to occur; however, it is not thought that this is a common or significant cause of mortality. After natural causes and old age, the most significant source of polar bear mortality is from humans hunting polar bears (Amstrup 2003). Other sources of polar bear mortality related to human activities, though few and very rare, include research activities, euthanasia of sick or injured bears, and defense of life kills by non-Natives (Brower et al. 2002). Subsistence Use and Harvest Patterns of Pacific Walruses and Polar Bears The Alaska Native communities most likely to be impacted by oil and gas activities projected to occur in the Chukchi Sea during the 5-year timeframe of these regulations are: Barrow, Wainwright, Point Lay, Point Hope, Kivalina, Kotzebue, Shishmaref, Little Diomede, Gambell, and Savoonga. However, all communities that harvest Pacific walruses or polar bears in the Chukchi Sea region could be affected by Industry activities. Pacific walruses and polar bears are harvested by Alaska Natives for subsistence purposes. The harvest of these species plays an important role in the culture and economy of many villages throughout northern and western coastal Alaska. Walrus meat is consumed by humans while the ivory is used to manufacture traditional handicrafts. Alaska Natives hunt polar bears primarily for their fur, which is used to manufacture cold weather clothing and handicrafts, but also for their meat. Under section 101(b) of the MMPA, Alaska Natives who reside in Alaska and dwell on the coast of the north Pacific Ocean or the Arctic Ocean are allowed to harvest walruses and polar bears if such harvest is for subsistence purposes or for purposes of creating and selling authentic Native articles of handicrafts and clothing, as long as the harvest is not done in a wasteful manner. Additionally, and similar to the exemption under the MMPA, section 10(e) of the ESA allows for the continued harvest of species listed as endangered or threatened in Alaska for subsistence purposes. The sale of handmade clothing and handicrafts made of walrus or polar bear parts is an important source of income in these remote Alaska Native communities. Fundamentally, the production of handicrafts is not a commercial activity, but rather a continuation and adaptation to a market economy of an ancient Alaska Native tradition of making and then bartering handicrafts and clothing for other needed items. The limited cash that Alaska Native villagers can make from handmade clothing and handicrafts is vital to sustain their subsistence hunting and fishing way of life (Pungowiyi 2000). The Service collects information on the subsistence harvest of Pacific walruses and polar bears in Alaska through the Walrus Harvest Monitor Program (WHMP) and the Marking, Tagging and Reporting Program (MTRP). The WHMP is an observer-based program focused on the harvest of Pacific walruses from the St. Lawrence Island communities Gambell and Savoonga. The MTRP program is administered through a network of “taggers” employed in subsistence hunting communities. The marking and tagging rule requires that hunters report harvested walruses and polar bears to MTRP taggers within 30 days of the harvest. Taggers also certify (tag) specified parts (ivory tusks for walruses, hide and skull for polar bears) to help control illegal take and trade. The MTRP reports are thought to underestimate total U.S. Pacific walrus and polar bear subsistence harvest. Harvest levels of polar bears and walruses can vary considerably between years, presumably in response to differences in animal distribution, sea ice conditions, and hunter effort. In 2010, the Native villages of Gambell and Savoonga adopted local ordinances that limit the number of walruses harvested to four and five per hunting trip, respectively, which likely influences the total number of animals harvested each year. No Chukchi Sea villages have adopted anything similar, but they harvest comparatively few walruses. Information on subsistence harvests of walruses and polar bears in selected communities derived from MTRP harvest reports from 2007 to 2011 is summarized in Table 2. Table 2. Number of Pacific walruses and polar bears harvested from 2007 to 2011 in 12 Alaska communities, as reported through the U.S. Fish and Wildlife Service (Service) MTRP. Walrus harvest numbers presented here are not corrected for MTRP compliance rates or struck-and-lost estimates. Pacific walrus Polar bear Barrow 24 49 Gambell 3,069 9 Kivalina 4 3 Kotzebue 2 3 Little Diomede 166 14 Nome 24 1 Point Hope 25 51 Point Lay 10 2 Savoonga 2,918 16 Shishmaref 52 6 Wainwright 71 4 Wales 41 5 Pacific Walrus Barrow Barrow is the northernmost community within the geographical region of the final regulations. Most walrus hunting from Barrow occurs in June and July when the landfast ice breaks up and hunters can access walruses by boat as they migrate north on the retreating pack ice. Walrus hunters from Barrow sometimes range up to 60 miles from shore; however, most harvests reported through the MTRP have occurred within 30 miles of the community. Wainwright Wainwright hunters have typically harvested more walruses than other mainland coastal subsistence communities on the North Slope. Walruses are thought to represent approximately 40 percent of this communities' annual subsistence diet of marine mammals. Wainwright residents hunt walruses from June through August as the ice retreats northward. Walruses can be plentiful in the pack ice near the village this time of year. Most of the harvest from Wainwright occurs in June and July. Most walrus hunting is thought to occur within 20 miles of the community, in all seaward directions. Point Hope Point Hope hunters typically begin their walrus hunt in late May and early June as walruses migrate north into the Chukchi Sea. The sea ice is usually well off shore of Point Hope by July and does not bring animals back into the range of hunters until late August and September. Most of the reported walrus harvest at Point Hope occurs in the months of June and September. Point Hope harvest occurs mostly within 5 miles of the coast, or near coastal haulout sites at Cape Lisburne. Point Lay Point Lay walrus hunting peaks in June and July. Historically, harvests have occurred primarily within 40 miles north and south along the coast from Point Lay and approximately 30 miles offshore. Beginning in 2010, walruses started hauling out on the barrier island about 4 miles north of Point Lay in August and remain there until late September to early October. This provides Point Lay hunters with new opportunities to harvest walruses, and reports indicate that from two to five animals are harvested at that time of year. Hunters harvest during the early stages of haulout formation and as the haulout begins to dissipate to avoid creating a disturbance resulting in a large stampede. St. Lawrence Island St. Lawrence Island is located in the Bering Sea south of the Bering Strait. The two communities on the island are Gambell, on western tip, and Savoonga on the north central shore. These two subsistence hunting communities account for the majority of the Pacific walrus harvest in Alaska. Most of the walrus harvest from Gambell and Savoonga takes place in the spring, but some harvest also takes place in the fall and winter, depending on ice and weather conditions. Hunters from Gambell typically use areas north and east of the island while hunters from Savoonga traditionally utilize areas north, west, and south of the island. St. Lawrence Island hunters will typically travel from 40 to 60 miles, and as much as 90 miles, out to sea to find walruses. The consumption of traditional subsistence foods, such as marine mammals, and the economic value of marine mammal parts, such as walrus ivory, is thought to be more significant in Gambell and Savoonga than in communities on the mainland coast of Alaska. Polar Bears Polar bears are harvested by Alaska Natives for subsistence and handicraft purposes. This species plays an important role in the culture and economy of many villages throughout western and northern coastal Alaska, where the polar bear figures prominently in Alaska Native stories, art, traditions, and cultural activities. In these northern and western coastal Alaskan Native villages, the taking and use of the polar bear is a fundamental part of Alaska Native culture. For Alaska Natives engaged in subsistence uses, the very acts of hunting, fishing, and gathering, coupled with the seasonal cycle of these activities and the sharing and celebrations that accompany them, are intricately woven into the fabric of their social, psychological, and religious life (Pungowiyi 2000). Polar Bear Harvest Patterns in Alaska The following summary is excerpted from the Report of the Scientific working group to the US-Russian Federation Polar Bear Commission (May 2010), which describes the history of the polar bear harvest during the last century. A more detailed description can be found at: http://alaska.fws.gov/fisheries/mmm/polarbear/bilateral.htm: Prior to the 20th century Alaska's polar bears were hunted primarily by Alaska Natives for subsistence purposes although commercial sales of hides occurred primarily as a result of Yankee whaling and arctic exploration ventures. During the 20th century, polar bears were harvested for subsistence, handicrafts, and recreational sport hunting. Based on records of skins shipped from Alaska for 1925 to 1953, the estimated annual statewide harvest averaged 120 bears and this take was primarily by Native hunters. Recreational hunting by non-Native sport hunters using aircraft became popular from 1951 to 1972, increasing the statewide annual harvest to 150 during 1951 to 1960 and to 260 during 1960 to 1972 (Amstrup et al. 1986). During the late 1960s and 1970s the size of the Beaufort Sea stock declined substantially (Amstrup et al. 1986) due to excessive sport harvest. Hunting by non-Natives was prohibited in 1973 when provisions of the Marine Mammal Protection Act (MMPA) went into effect. The prohibition of non-Native sport hunting led to a reduction in the annual harvest of polar bears from the Alaska-Chukotka population from 189 ± 50 bears/year for the period 1961 to 1972 to 80 ± 54 bears/year for the period 1973 to 1984 (Amstrup et al. 1986; Fig. 1). According to Service harvest records, from 1980 through the present, harvest of the Alaska-Chukotka population in the U.S. portion has declined. Reasons for a decline in the Alaska native subsistence harvest are currently unknown, but are currently being investigated. Possible causes include decreased hunter effort, decreased polar bear numbers, changes in polar bear distribution, and environmental conditions that make polar bears less available to hunters. As stated previously, harvest levels of polar bears can vary considerably between years for a variety of reasons, including annual variations in animal distribution, sea ice conditions, and hunter effort. Table 2 summarizes MTRP harvest reports for polar bears for selected western Alaska communities from 2007 to 2011, the most recent 5-year period for which complete data are available. The harvest information in Table 2 provides an insight into the level of polar bear harvest by western Alaska communities during the previous 5-year period of Chukchi Sea ITRs. Average polar bear harvest levels in Alaska have remained relatively stable over the past 20 years in the Southern Beaufort Sea, but have declined in the Chukchi/Bering seas. Over these past 20 years, six communities (Barrow, Point Hope, Savoonga, Gambell, Little Diomede, and Wainwright) consistently account for the majority of all polar bears harvested in Alaska. The reason for the decline in harvest in western Alaska is unknown, but could be a result of reduced hunter effort, changing distribution of bears, and/or a decline in the number of bears in the population. Polar bears are harvested throughout the calendar year, depending on availability. Hunters in western Alaska, from Point Lay to St. Lawrence Island, usually harvest bears in winter, since bears moving southward with the advancing pack ice are more available in those areas later in the season. The number of polar bears harvested from Barrow is thought to be influenced by sea ice conditions as well as the number of people engaged in subsistence activities. Most polar bear harvests reported by Barrow occurred in February and March. Polar bears are harvested from Wainwright throughout much of the year, with peak harvests reported in May and December within 10 miles of the community. Polar bears are typically harvested from Point Hope from January to April within 10 miles of the community; however, Point Hope hunters reported taking polar bears as far away as Cape Thompson and Cape Lisburne. Although few people are thought to hunt specifically for polar bears, those that do hunt primarily between October and March. Polar bears are often harvested coincidentally with beluga and bowhead whale harvests. Hunting areas for polar bears overlap strongly with areas of bowhead subsistence hunting, particularly the area from Point Barrow South to Walakpa Lagoon where walrus and whale carcasses are known to concentrate polar bears. Harvest Management of Polar Bears in Alaska The Service works through existing co-management agreements with Alaska Natives to address future actions that affect polar bears and polar bear hunting. This includes working with the Alaska Nanuuq Commission (ANC), the NSB and its Native-to-Native Agreement with the Inuvialuit Game Council of Canada (Beaufort Sea region), and the Joint Commission formed with the Russian Federation under the Bilateral Agreement (Chukchi/Bering seas region). The ANC was formed in 1994, to represent the villages in North and Northwest Alaska on matters concerning the conservation and sustainable subsistence use of the polar bear. The mission of ANC is to “conserve Nanuuq and the Arctic ecosystem for present and future generations of Arctic Alaska Natives.” The tribal council of each member village has passed a resolution to become a member and to authorize the ANC to represent them on matters concerning the polar bear at regional and international levels. Fifteen villages are currently members: Barrow; Wainwright; Kotzebue; Nuiqsut; Savoonga; Kaktovik; Point Lay; Point Hope; Brevig Mission; Shishmaref; Gambell; King Island; Wales; Little Diomede; and Kivalina. Polar bears harvested from the communities of Barrow, Nuiqsut, Kaktovik, Wainwright, and Atqasuk are currently considered part of the SBS stock and thus are subject to the terms of the Inuvialuit-Inupiat Polar Bear Management Agreement (Inuvialuit-Inupiat Agreement). The Inuvialuit-Inupiat Agreement establishes quotas and recommendations concerning protection of denning females, family groups, and methods of harvest. Adherence to the quota is voluntary in the United States, and it has generally been followed since implementation of the Inuvialuit-Inupiat Agreement (Brower et al. 2002). Under the Inuvialuit-Inupiat Agreement, quotas are recommended by technical advisors based on estimates of population size and age specific estimates of survival and recruitment. The current quota of 70 total bears per year was established in July 2010, and represents a decrease from the previous quota of 80 total bears per year (Brower et al. 2002). The quota is allocated to Canadian Inuvialuit and to Alaskan Inupiat, with 35 bears each. The Inuvialuit-Inupiat Agreement and its quotas are voluntary between the Inupiat and Inuvialuit, and are not enforceable by any law or authority of the governments of the United States or Canada. Th [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-13725. Public record. Not legal advice.