Marine Mammals; Incidental Take During Specified Activities

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18

RIN 1018-AD21

Marine Mammals; Incidental Take During Specified Activities

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final Rule and Notice of Availability of a Completed Final

Polar Bear Habitat Conservation Strategy.

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SUMMARY: Pursuant to the requirements contained in final regulations

effective in December 1993 to govern the incidental, unintentional take

of small numbers of polar bears and walrus during year-round oil and

gas operations (exploration, development, and production) in the

Beaufort Sea and adjacent northern coast of Alaska (50 CFR 18.122), the

Fish and Wildlife Service hereby modifies and extends for an additional

40 months through December 15, 1998, the effectiveness of those final

regulations. The original final Beaufort Sea regulations were effective

beginning on December 16, 1993, for 18 months through June 16, 1995. On

June 14, 1995, those regulations were extended for an additional 60

days through August 15, 1995. In addition to this current final rule

action to extend the effective date through December 15, 1998, (for a

total effective period of five years as authorized by the Marine Mammal

Protection Act of 1972, as amended (MMPA)), the regulations have also

been modified in consideration of concerns received during the public

comment period.

In addition to this final rule, the Service announces availability

of its final Polar Bear Habitat Conservation Strategy (Strategy), the

completion of which was prompted by provisions of the 1993 Beaufort

Seas regulations.

DATES: This rule is effective beginning on August 15, 1995. It extends

the effective period of regulations that appears at 50 CFR part 18,

subpart J through December 15, 1998.

ADDRESSES: 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 Office of Marine

Mammals Management, Fish and Wildlife Service, 1011 E. Tudor Road,

Anchorage, AK 99503. Copies of the final Polar Bear Habitat

Conservation Strategy are available on request from this same office.

FOR FURTHER INFORMATION CONTACT:

David McGillivary, Supervisor, Office of Marine Mammals Management,

Anchorage, Alaska, at 907/786-3800; or Jeff Horwath, Division of Fish

and Wildlife Management Assistance, Arlington, Virginia, at 703/358-

1718.

SUPPLEMENTARY INFORMATION:

Background

Under section 101(a)(5)(A) of the MMPA, the taking of small numbers

of marine mammals may be allowed incidental to specified activities

other than commercial fishing if the Director of the Service finds,

based on the best scientific evidence available, that the cumulative

total of such taking over a five-year period will have a negligible

effect on these species and will not have an unmitigable adverse impact

on the availability of these species for subsistence uses by Alaskan

Natives. If these findings are made, the Service is required to

establish specific regulations for the activity that set forth:

permissible methods of taking; meanings of effecting the least

practicable adverse impact on the species and their habitat and on the

availability of the species for subsistence uses; and requirements for

monitoring and reporting.

On December 17, 1991, BP Exploration (Alaska), Inc., for itself and

on behalf of 14 other energy related entities (hereafter collectively

referred to as ``Industry'') petitioned the Service to promulgate

regulations pursuant to section 101(a)(5)(A) of the MMPA. A proposed

rule was published by the Service on December 30, 1992 (57 FR 62283),

with a 75-day comment period that expired on March 15, 1993.

The proposed rule announced that the Service had prepared a draft

Environmental Assessment in conjunction with the rulemaking action; and

that when a final decision was made on the Industry applications for

incidental take authority, the Service would decide whether this was a

major Federal action significantly affecting the quality of the human

environment within the meaning of section 102(2)(C) of the National

Environmental Policy Act of 1969 (NEPA). On April 26, 1993, following

the close of the proposed rule's comment period, the Service concluded

in a Finding of No Significant Impact (FONSI) that this was not a major

Federal action under the NEPA and preparation of an Environment Impact

Statement was not required.

Subsequently, on November 16, 1993, the Service published final

regulations in the Federal Register (58 FR 60402) effective December

16, 1993; to authorize and govern the incidental, unintentional take of

small numbers of polar bears and walrus during Industry operations

(exploration, development, and production) year-round in the Beauford

Sea and adjacent northern coast of Alaska. The Service concluded in

that final rule, based on the best scientific evidence available, that

the cumulative total of such taking by Industry over a five-year period

would have a negligible impact on these species and would not have an

unmitigable adverse impact on the availability of these species for

subsistence uses by Alaskan Natives.

However, although the MMPA authorizes incidental take regulations

to be issued for periods of up to five years, these were initially

effective only for an 18-month period through June 16, 1995, because of

additional provisions at 50 CFR 18.122 in the final regulations

requiring the Service to develop and begin implementing a Strategy

pursuant to the management planning process in section 115 of the MMPA,

and in furtherance of the goals of Article II of the 1973 International

Agreement on the Conservation of Polar Bears (1973 Agreement). The

Strategy could identify and designate special considerations or

closures of any polar bear habitat components to be further protected,

with public notice and comment sought on such considerations or

closure. Pursuant to notice and opportunity for public comment,

extension of the final Beaufort Sea regulations for an

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additional 42 months for the full five-year term authorized by the MMPA

(through December 15, 1998) was contingent upon: (1) the Service, by

June 16, 1995, developing and beginning to implement the Strategy; (2)

review of monitoring reports submitted by holders of Letters of

Authorization issued according to the Beaufort Sea regulatory

provisions at 50 CFR 18.127; and (3) an affirmative finding by the

Secretary of the Interior.

The final rule explained the additional requirement to develop a

Strategy as follows:

``In addition to its responsibilities under the [MMPA], the

Department of the Interior has further responsibilities under the

1973 multilateral Polar Bear Agreement. Specifically, Article II of

this Agreement requires that:

`Each Contracting Party shall take appropriate action to protect

the ecosystems of which polar bears are a part, with special

attention to habitat components such as denning and feeding sites

and migration patterns. . .'

``In comport with, and to meet more fully the intent of the

Agreement, under this final rulemaking, within 18 months of its

effective date, the Service has been directed by the Secretary of

the Interior to develop and begin implementing a strategy for the

identification and protection of important polar bear habitats.

Development of such strategy will be done as part of the Service's

management plan process pursuant to Section 115 of the [MMPA], and

in cooperation with signatories to the Polar Bear Agreement, the

Department of State, the State of Alaska, Alaskan Natives, Industry,

conservation organizations, and academia.''

The Service developed a draft Strategy, published notice of its

availability in the Federal Register (February 28, 1995, at 60 FR

10868), and sought review and comment on it. The draft Strategy was

developed with the involvement and input of Alaskan Natives, Industry,

the National Biological Service, the State of Alaska, conservation

organizations, academia, and others. It included Native traditional

knowledge on polar bear behavior and habitat use.

The draft Strategy identified and designated important polar bear

feeding and denning areas and proposed measures for enhanced

consideration of these areas from oil and gas exploration, development,

and production. It also proposed additional measures for polar bear

habitat protection in furtherance of the goals of the 1973 Agreement.

These measures consisted of a proposed Native Village Communication

Plan, creation and support of a Polar Bear Advisory Council, and

development of International Conservation Initiatives. The draft

Strategy also identified research needs related to habitat use and

relative importance of habitat types, and effects of contaminants and

industrial activities on polar bears.

The original 60-day period to comment on the draft Strategy would

have expired on May 1, 1995. However, on May 8, 1995, the Service

announced in the Federal Register (60 FR 22584) that it had extended

the comment period for an additional 15 days through May 16, 1995. It

was extended in response to several April 28, 1995, letters that

requested a 30-day extension; those requests stated that additional

time was needed to complete a review of the draft Strategy.

While the Service agreed to extend the comment period, it was

determined that a 30-day extension would not allow adequate time to

analyze comments and to make a decision on the draft Strategy and on

the associated proposed rule that was published in the Federal Register

on March 17, 1995 (60 FR 14408) to extend the effective period of

incidental take regulations at 50 CFR Part 18, Subpart J, for an

additional 42 months through December 15, 1998. Because of the short

timeframes involved, it was determined that the draft Strategy's

comment period could only be extended for 15 days through May 16, 1995.

This deadline also coincided with the close of the comment period on

the proposed rule to extend the incidental take regulations at 50 CFR

Part 18, Subpart J for an additional 42 months.

For the reasons set out in the Service's March 17, 1995, proposed

rule to extend the effective period of incidental take regulations, and

in the final Beaufort Sea rule published on November 16, 1993, the

Service proposed to extend the regulations in 50 CFR Part 18, Subpart J

for the full five-year term authorized by the MMPA. Thus, the

regulations currently in effect would not expire, but would be extended

through December 15, 1998. The proposal to extend the final Beaufort

Sea regulations was made on the basis that the Service's draft

Strategy, if adopted, would meet the stipulations in those regulations.

The Service expressed its belief that the total expected takings of

polar bears and walrus during energy operations would have a negligible

impact on these species, and there would be no unmitigable adverse

impacts on the availability of these species for subsistence uses by

Alaskan Natives. Thus, if the provisions of the draft Strategy were

adopted, and its implementation was initiated, the requirements of the

Beaufort Sea regulations will have been met, and they could be extended

for an additional 42 months.

Subsequently, the Service determined that completion of the final

Strategy could not be achieved by June 16, 1995, because of extensive

public interest and the substantial number of comments received

concerning the draft Strategy. Since Beaufort Sea oil and gas

activities continued to post no more than a negligible impact to polar

bears and walrus, it was decided that a short-term 60-day extension of

the incidental take regulations was in order so that a full and fair

review of all public comments on the draft Strategy could be made. The

Service determined that this extension would not affect its

``negligible impact'' finding or its finding that oil and gas

activities in the Beaufort Sea would not have an unmitigable adverse

effect on the availability of polar bears and walrus for subsistence

uses. The Service, therefore, extended the effective period of the

Beaufort Sea regulations through August 15, 1995, in a final rulemaking

published in the Federal Register on June 14, 1995 (60 FR 31258). The

Service believed this action to be prudent and justifiable in order to

allow adequate time to review comments, finalize the Strategy, and

begin its implementation. This 60-day extension of the Beaufort Sea

regulations was effective immediately; to do otherwise would have

allowed the regulations to lapse, thereby denying Industry the basic

protection afforded by the MMPA's section 101(a)(5)(A). While the

Service believed that prudent policy called for further deliberation on

the draft Strategy, there was no biological justification for allowing

the Beaufort Sea regulations to expire.

The final rule action described in the previous paragraph neither

reopened the comment period on either the draft Strategy or the

proposed rule to extend the period of effectiveness of the Beaufort Sea

regulations through December 15, 1998, nor did it complete the

Service's decision making on the March 17, 1995, proposed rule to

extend the effective date of those final regulations through December

15, 1998. It merely extended for 60 days the effectiveness of the

Beaufort Sea regulations during which time the Service would analyze

public comments and make final decisions on the Strategy and the March

17, 1995, proposed rule. The new final decision date of August 15,

1995, would not be the same for both documents (i.e., the Strategy and

the proposed rule).

The comment periods on both the draft Strategy and the proposed

rule to extend the Beaufort Sea regulations through December 15, 1998,

expired on May 16, 1995. The Service has completed its review of the

substantial

[[Page 42807]]

number of public comments that were submitted with regard to the draft

Strategy, and comments submitted in response to the proposed rule to

extend the Beaufort Sea regulations.

Findings and Conclusion Related to the Strategy

The Service announces completion of its final Strategy. The

Strategy identifies important polar bear feeding and denning areas and

contains measures for enhanced consideration of these areas during oil

and gas exploration, development, and production activities. It also

contains additional measures for polar bear habitat protection in

furtherance of the goals of the 1973 Agreement. These measures consist

of a proposed Native Village Communication Plan, creation and support

of a Polar Bear Advisory Council, and development of International

Conservation Initiatives. The final Strategy also identifies research

needs related to habitat use and relative importance of habitat types,

and effects of contaminants and industrial activities on polar bears.

The following tasks have been implemented, or are in the process of

being implemented, by the Service to comply with the provision of the

Beaufort Sea regulations regarding development of the Strategy and

beginning its implementation. These tasks include: conducting a marine

mammal carcass survey to determine important feeding habitat;

coordinating with the Service's representative to the Working Group for

the Conservation of Flora and Fauna (CAFF) regarding the contents of

the Strategy for its use with the CAFF Working Group; and developing a

polar bear contaminants proposal, and coordinating with others to

obtain funding for the study. Copies of the draft Strategy were

provided to the parties to the 1973 Agreement, and members of the Polar

Bear Specialists Group.

A substantial number of comments were submitted to the Service with

respect to the draft Strategy during its 75-day public comment period.

The Service has carefully examined and considered those comments and

modified and corrected, as necessary and appropriate, the final

Strategy. However, neither the comments nor the Service's responses to

those comments are included in this final rule. Instead, those comments

are presented in detail and addressed in a separate section entitled,

``Consultation and Coordination,'' in the final Strategy. Included in

this final rule is a discussion of the comments submitted with respect

to the provisions of the Beaufort Sea incidental take regulations and

the Service's proposed rule to extend the effective period of those

regulations through December 15, 1998, along with any specific comments

submitted on the draft Strategy if those comments are specifically

directed at the Beaufort Sea regulations.

Discussion of Comments on the Proposed Rule of March 17, 1995, To

Extend Beaufort Sea Incidental Take Regulations Through December 15,

1998

Comment: Comments received regarding the incidental take

regulations included sentiment that: (1) Closer scrutiny is needed to

define what constitutes bona fide incidental take; (2) incidental take

should include the language in the 1994 amendments to the MMPA

regarding lethal take in defense of life; and (3) incidental take

should include a system for permitting unintentional harassment.

Response: With regard to (1), the provisions of section

101(a)(5)(A) authorize the incidental, unintentional take of small

numbers of marine mammals during the course of specified activities

other than commercial fishing. Implementing regulations in 50 CFR 18.27

define incidental, but not intentional, taking as those takes which are

infrequent, unavoidable, or accidental. It does not mean that the

taking must be unexpected. In addition, the MMPA defines ``takes'' as

meaning to harass, hunt, capture, collect, or kill, or attempt to

harass, hunt, capture, collect, or kill; this definition is further

defined in regulations at 50 CFR 18.3. As regards the current action,

the term incidental take is considered to mean an alteration in natural

behavioral patterns caused by human actions. With respect to (2)

regarding the inclusion of language in the 1994 amendments to the MMPA

at section 101(c) that authorizes lethal take of marine mammals in

defense of life, such takings are not applicable to the current action

in that such lethal takes could not be considered unintentional.

Injecting into the current discussion the 1994 amendment language that

authorizes lethal take in defense of human life is not justified. With

respect to (3), the 1994 amendments to the MMPA included new provisions

at section 101(a)(5)(D) that authorize the incidental, unintentional

taking of small numbers of marine mammals by harassment if the Service

determines that such harassment has no more than a negligible impact on

the species or stock, and will not have an unmitigable adverse impact

on the availability of the species or stock for subsistence purposes.

As defined in the 1994 amendments and appearing in section 3 of the

MMPA, harassment is defined as any act of pursuit, torment, or

annoyance which (i) has the potential to injure a marine mammal or

marine mammal stock in the wild (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

(Level B harassment). This information has been inserted into the final

Strategy. While the Service has not yet implemented the harassment

provisions of the 1994 amendments, efforts to do so should begin in the

near future. In any event, the final regulations, as extended, provide

sufficient protection for Industry from incidental take liability as

long as provisions of the regulations and the conditions of any Letters

of Authorization are observed.

Comment: One respondent stated that it is not only inappropriate to

link development of the Strategy with the incidental take regulations,

but it is also not authorized by law. It was stated that no authority

exists in either the 1973 Agreement (of which the United States,

Canada, Russia, Denmark, and Norway are signatories) or the MMPA that

authorizes implementation of the Strategy, much less make extension of

the Beaufort Sea incidental take regulations contingent upon completion

of the Strategy.

Furthermore, it was expressed that the incidental take regulations

at 50 CFR 18.123(b) exceeded the MMPA's authority in that the statute

set a standard of ``negligible impact'' while the Service's regulations

contained language that went beyond the negligible impact standard as

evidenced by the last sentence of 50 CFR 18.123(b) that states,

``Subsequent to implementation by the Service of its Polar Bear Habitat

Conservation Strategy, no adverse impacts will be authorized in those

identified polar bear habitat areas afforded special protection through

implementation of that strategy.'' Those respondents expressed the

belief that this language contradicts the MMPA in which Congress

established the standard of ``least practicable adverse impact,'' even

for sensitive areas such as rookeries or denning areas. The Service was

requested to delete the above quoted language from 50 CFR 18.123(b).

Response: The Service believes that ample direction and authority

exists through the 1973 Agreement and the MMPA to justify and support

actions

[[Page 42808]]

intended to assure the long-term welfare of polar bears and their

environment. As quoted previously in this Federal Register final rule

under the SUPPLEMENTARY INFORMATION, Background Section, Article II of

the 1973 Agreement directs Contracting Parties to ``* * * take

appropriate action to protect the ecosystems of which polar bears are

part, with special attention to * * * denning and feeding sites * * *''

The 1973 Agreement is not self-executing; however, with respect to the

current issue, the Service believes that the MMPA provides the

authority not only to implement measures, such as the final Strategy,

through the 1973 Agreement, but also to carry out language in the MMPA

to protect important polar bear habitat. The last sentence of section

2(2) of the MMPA, amended in 1994, states, ``* * * In particular,

efforts should be made to protect essential habitats, including the

rookeries, mating grounds, and areas of similar significance for each

species of marine mammal from the adverse effect of man's actions;''.

While this language, in the context of the opening provisions of

section 2(2), appears to be linked to measures that should be taken to

restore any species or stock to its optimum sustainable population

(OSP) level, it follows that the Service should not stand idly by while

a species or stock declined below its OSP level before taking necessary

actions to maintain the species or stock at its OSP. In addition, the

Service believes that authority exists in the MMPA's section 112,

Regulations and Administration, to provide necessary authority to

protect important polar bear habitat. In particular, section 112(a)

state that, ``The Secretary shall prescribe such regulations as are

necessary and appropriate to carry out the purposes of this title.''

Thus, the Service believes that ample guidance and authority exists to

develop a ``Habitat Conservation Strategy for Polar Bears in Alaska''

as called for in Beaufort Sea incidental take regulations at 50 CFR

Part 18, Subpart J and prompt its completion in order to extend the

Beaufort Sea incidental take regulations. The Service believes the

final Strategy will assist in the LOA decision process and serve as an

important vehicle to mitigate adverse impacts to polar bears and their

habitat.

With regard to a perceived conflict between the statute's standard

of negligible impact and the implementing regulations' ``no adverse

impact'' language, the Service has determined at this time as a matter

of policy to delete the cited language from 50 CFR 18.123(b) because

the final Strategy does not establish regulatory controls that require

compliance with a ``no adverse impact'' standard. The Strategy

emphasizes areas of special concern that, on a case-by-case basis, will

be evaluated to determine what level of oil and gas activity can be

maintained without crossing the ``negligible impact'' threshold. The

Service does believe, however, that adequate guidance and authority

exists in the MMPA's sections 2, 101(a)(5)(A), and 112, and Section II

of the 1973 Agreement to justify implementing a further level of

protection for polar bear habitat if deemed necessary to satisfy the

criteria of section 101(a)(5). Presently, however, the Service believes

that regulatory measures currently in place, together with the measures

addressed in the Strategy, and Industry's cooperation and adherence to

established guidelines to mitigate impacts to polar bears provide

adequate protection to these animals and their habitat.

Comment: Respondents stated that it would be inappropriate not to

expand the incidental take regulations to the Coastal Plain 1002 area

of the Arctic National Wildlife Refuge (ANWR) because this area is

particularly important polar bear denning habitat. One respondent

stated that the incidental take regulations are not scientifically

defensible and questioned how the draft Environmental Assessment (EA)

for incidental take regulations determined that there will be a

negligible effect on polar bear populations when OSP levels have not

been identified, and the nature, timing, and levels of proposed oil and

gas activities, as well as the effect of past activities have not been

determined. According to one commenter, the Service should consider

discontinuing the regulations because the draft Strategy fails to

provide significant offsetting protection as required by Article III of

the 1973 Agreement. In addition, the commenter stated that the draft

Strategy, draft EA, and Beaufort Sea incidental take regulations all

fail to quantify levels of take.

Response: The Strategy intentionally does not propose to expand the

incidental take regulations to the Coastal Plain of ANWR since that

area by designation is a national wildlife refuge where oil and gas

activity is currently prohibited. Additionally, expanding the

regulations to cover the Coastal Plain of ANWR could send the erroneous

message that oil and gas operations on ANWR could be authorized under

current provisions, when in fact, that is clearly not the case. As

indicated with the final EA for the Strategy, this is the area where

the likelihood of maternity den encounters [by Industry] is the

greatest on the Alaska Beaufort Sea coast. Consequently, it is also the

area in which the Service would most likely make a finding of Industry

activity exceeding a finding of negligible impact.

The Service is responsible for polar bear conservation and believes

it has correctly determined that the proposed industrial activities

described in Industry's petitions will not result in a greater than

negligible impact to polar bears. The finding is based on the most

current available knowledge and is fully consistent with the standards

and procedures of section 101(a)(5), which requires no finding on OSP.

The Service continues to evaluate the population information for the

Beaufort Sea polar bear population in an attempt to estimate OSP.

Within the petitioned scope of operations, the risk of lethal takes has

been minimized by Industry's efforts to conduct monitoring, provide

bear awareness training, and other activities. The Service, through the

Strategy, has reserved judgment on the effects of industrial activities

occurring in Important Habitat Areas for polar bears as identified in

the final Strategy, and will evaluate the effects of activities in

these areas on a case-by-case basis.

The Service disagrees with the proposition that the incidental take

regulations and final Strategy should be discontinued and maintains

that both are valuable tools for managers in conserving polar bears.

The Service also feels that the Beaufort Sea regulations, in

conjunction with the final Strategy, contributes to meeting U.S.

obligations under the 1973 Agreement.

Findings and Conclusions Related To Extending the Beaufort Sea

Incidental Take Regulations Through December 15, 1998

For the reasons set out in this final rule, and in accordance with

the stipulations contained in the final Beaufort Sea rule published on

November 16, 1993, the Service hereby modifies and extends through

December 15, 1998, the effectiveness of the regulations in 50 CFR Part

18, Subpart J (Taking of Marine Mammals Incidental to Oil and Gas

Exploration, Development, and Production Activities in the Beaufort Sea

and Adjacent Northern Coast of Alaska) for the full five-year term

authorized by the MMPA. The regulations currently in effect through

August 15, 1995, are now extended through December 15, 1998. Extending

these final Beaufort Sea regulations is made on the basis that the

Service's final Strategy is in keeping

[[Page 42809]]

with the stipulations in those final regulations. The Service has

determined that it has met the requirements of the Beaufort Sea

regulations.

Effective Date of Rule

In accordance with 5 U.S.C. 553(d)(1), the Service has determined

that this final rule is effective on August 16, 1995. It is considered

to be a substantive rule, the provisions of which relieve restrictions

on Industry operations in the Beaufort Sea and adjacent northern coast

of Alaska (excluding the Arctic National Wildlife Refuge) by

authorizing incidental takes of polar bears and walrus during year-

round oil and gas operations under provisions of the MMPA. Any delay in

the effective date beyond August 16, 1995, could subject the Industry

to penalties as provided in the MMPA if it conducted activities that

resulted in incidental take of polar bears or walrus.

Required Determinations

During the rulemaking process to develop Beaufort Sea regulations,

the Service prepared an Environmental Assessment with a FONSI on

Industry's proposed actions. This rule was not subject to review by the

Office of Management and Budget under Executive Order 12866. Under the

Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the Service

determined the rule would not have a significant economic effect on a

substantial number of small entities. Oil companies and their

contractors, conducting exploration, development, and production

activities in Alaska, were identified as the only likely applicants

under the regulations, and these potential applicants were not

identified as small businesses. Furthermore, the final rule was not

expected to have a potential takings implication under Executive Order

12630 because it authorized incidental, but not intentional, take of

polar bears and walrus by Industry and thereby exempted them from civil

and criminal liability. The rule also did not contain policies with

federalism implications sufficient to warrant preparation of a

Federalism Assessment under Executive Order 12612. The above identified

required determinations associated with the Service's original

rulemaking process associated with the Beaufort Sea are still valid for

this current final rule.

The collections of information associated with this final rule have

been approved by the Office of Management and Budget under the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and assigned clearance

number 1018-0070.

List of Subjects in 50 CFR Part 18

Administrative practice and procedure, Imports, Indians, Marine

mammals, Transportation.

For the reasons set forth in the preamble, Part 18, Subchapter B of

Chapter 1, Title 50 of the Code of Federal Regulations is amended as

set forth below:

PART 18--MARINE MAMMALS

1. The authority citation for 50 CFR Part 18 continues to read as

follows:

16 U.S.C. 1361 et seq.

2. Section 181.121 is amended by correcting the typographical error

in the second sentence as follows:

The phrase ``* * * Outer Continental Shelf waters each of * * *''

is revised to read ``* * * Outer Continental Shelf waters east of * *

*''

3. Section 18.122 is revised to read as follows:

Sec. 18.122 Effective dates.

Regulations in this subpart will continue in effect through

December 15, 1998, for oil and gas exploration, development, and

production activities.

4. Sections 18.123(b) of subpart J is revised to read as follows:

Sec. 18.123 Permissible methods.

* * * *

(b) The methods and activities identified in Sec. 18.123(a) must be

conducted in a manner that minimizes to the greatest extent practicable

adverse impacts on polar bear and walrus, their habitat and on the

availability of these marine mammals for subsistence uses.''

Dated: August 14, 1995.

Robert P. Davison,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-20437 Filed 8-14-95; 3:33 pm]

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