Attach_12_-_BLM_Polar_Bear_Interaction_Plan.pdf

Polar Bear Interaction Plan

2024 Legacy Well Plugging, Reclamation, and Soil Sampling

Bureau of Land Management Arctic District Office

May 2023

Project Introduction

Between 1944 and 1982, the U.S. Navy and the U.S. Geological Survey (USGS) drilled 136 wells on Alaska’s North Slope to explore for oil and gas resources within what is now the National Petroleum Reserve in Alaska (NPR-A). These wells are collectively called the legacy wells. In 1976, the Bureau of Land Management (BLM) was given responsibility for managing the NPR-A, and in 1982 BLM inherited the responsibility to assess, plug, and clean up wells that the U.S. Navy and USGS previously drilled. Many of the legacy wells were not properly plugged or abandoned and surface debris and contaminated soil may have been left in place, including the Tulageak, West Dease and East Simpson 1 well sites.

To fulfill BLM’s obligation of permanently plugging and cleaning up legacy wells in the NPR- A, the BLM will be contracting with companies that have the knowledge and skills to conduct this type of activity. The 2024 activity would include permanent plugging and reclamation of the Tulageak well site. In addition, the 2024 activities may also include soil sampling at the West Dease and East Simpson 1 well sites to determine the amount of debris, drilling waste and contaminated soils that need to be removed. This information would help with future planning for cleanup of these sites.

Contractors would be required to follow all requirements outlined in this Polar Bear Interaction Plan and, where noted in the document, to provide specific information regarding how these requirements would be addressed.

Polar Bear Interaction Plan

Purpose and Scope

This Polar Bear Interaction Plan (Plan) provides guidance to contractors working in areas where polar bears (Ursus maritimus) or their maternal dens may be encountered. Activities such as the plugging and abandoning of legacy wells have the potential to disturb wildlife species, including polar bears, during important times of their life cycles. Working within polar bear habitat can also present a potential safety risk to field personnel if a polar bear is encountered. To minimize disturbance to polar bears and to protect the safety of field crews, this document identifies protective measures and training requirements for all personnel who would be involved with the project. This Plan identifies measures that would be followed to avoid encounters with polar bears and their dens whenever possible. Should such an encounter occur during work activities, this Plan provides guidance to minimize disturbance to bears, for personnel safety, and reporting.

Since all contractors would be required to obtain deterrence authorization from the U.S. Fish and Wildlife Service (USFWS) for the potential use of deterrents, this plan also includes guidelines for when to use deterrents and the proposed deterrents. A list of the individuals who would be authorized to use deterrents and their training history would be provided to the BLM and USFWS once a contractor has been selected.

This Plan will help the BLM and their contractors comply with Marine Mammal Protection Act (MMPA) regulations regarding polar bears, as well as various project permit conditions imposed by the BLM. The guidance in this Plan will help ensure disturbance to polar bears is minimized and maximize BLM and contractor personnel safety and includes:

• Training requirements for BLM employees and contract personnel working in areas where bears may be encountered.

• Roles and responsibilities of key personnel.

• Procedures for detecting and avoiding polar bears and maternal dens.

• Description of polar bear alert system, deterrence, and reporting methods.

Regulatory Guidance

Polar bears are protected under the MMPA and were listed as a threatened species under the Endangered Species Act (ESA) in 2008. The MMPA and the Endangered Species Act (ESA) both prohibit the “take” of polar bears without authorization, unless it is necessary for human safety. “Take” includes disturbance/harassment, as well as physically injuring or killing polar bears.

Specifically, the MMPA defines “take” as “Harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.” The ESA defines “take” as “Harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.”

The MMPA further defines harassment 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 a disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering but which does not have the potential to injure a marine mammal or marine mammal stock in the wild [Level B harassment]. Level A take is defined as injurious take and Level B take is defined as disturbance take.

The USFWS has regulatory authority regarding polar bears and can authorize incidental take of marine mammals under Sections 101(a)(5)(A) and (D) of the MMPA and can authorize intentional take of marine mammals under Sections 101 (a)(4)(A), 109(h), and 112(c) of the MMPA through issuance of Letters of Authorization (LOA). The MMPA, under Section 101(c), also allows, without specific authorization, the take (including lethal take) of a polar bear if such a taking is imminently necessary in self-defense or to save the life of a person in immediate danger. Lethal take must be reported to USFWS within 24 hours of the take.

Status and Distribution of Polar Bears on the North Slope

Polar bears are widely distributed throughout the Arctic where the sea is ice-covered for large portions of the year. Polar bears are subdivided into 19 recognized subpopulations or stocks (Figure 1). The U.S. contains portions of two subpopulations: the Chukchi Sea (CS) (also called the Alaska-Chukotka subpopulation in the U.S.–Russia Bilateral Agreement) and the Southern Beaufort Sea (SBS) subpopulation. Movements of individual polar bears within these areas are extensive, often covering several thousand miles annually, and occupying areas more than 200,000 mi2 over a lifetime.

Figure 1 - Global distribution of polar bear subpopulations including the Southern Beaufort Sea (SB) and Chukchi Sea (CS) populations that are the focus of this Plan.

The most current global population estimate for polar bears is approximately 26,000 individuals.

The most recent population estimate for the CS stock is 2,937 bears (Regehr et al. 2018). The CS stock overlaps with the SBS stock from Point Hope to the Colville River delta (USFWS 2010). The SBS stock ranges over an expansive area, extending from Icy Cape and Point Hope in the Chukchi Sea eastward to Cape Bathurst, Northwest Territories, Canada, and seaward from the coast. The 2024 Legacy Well Project would overlap with the SBS polar bear stock, where the most recent population estimate for this stock is 907 bears (Bromaghin et al. 2015). A large portion of the Project Area is within the core activity area of the SBS stock.

The two most important factors influencing polar bear distribution in Alaska are sea ice and food availability. Polar bears migrate south with the advance and north with the retreat of sea ice each fall and spring. Pack ice, particularly heavy offshore pack ice, probably supports more polar bears than shore fast ice, because seals and walruses are abundant in this drifting pack ice habitat. Seasonal distribution of polar bears is largely restricted by the southern edge of the pack ice.

In addition to sea ice, polar bears use near-shore marine waters, barrier islands and coastal lands in northern Alaska for resting, feeding, denning, and seasonal movements. As pack ice comes closer to the coast during autumn, a percentage of the polar bear population commonly swims ashore and scavenge beach cast carcasses or the remains of bowhead whales taken by subsistence hunters. Thus, polar bears are most likely to encounter humans on the coastline during the fall (August to mid-November) and spring (March to May) when bears are found on the land-fast ice and along the coastline. In the area covered by this Plan they are most likely to be encountered within 5 miles of the coastline, especially along barrier islands during July-October.

Polar bears may also be encountered farther inland, especially females during the maternal denning period (November-April). Female polar bears generally produce two cubs in dens, constructed on either sea ice or on land, in early January. The mothers and their cubs emerge from maternal dens from late March to early April, and those on land typically head to the sea.

This emergence timing coincides with seal pupping in under-ice lairs as ice seals are a key prey species for the polar bear.

Critical Habitat

The USFWS designated critical habitat for polar bears in Alaska in 2011. Three units of critical habitat were designated:

• Sea ice habitat - used for feeding, breeding, denning, and movements, in U.S. territorial waters;

• Terrestrial denning habitat - on land along the northern coast of Alaska, with characteristics suitable for capturing and retaining snow drifts of sufficient depth to sustain maternal dens through winter, occurring within 20 miles of the coast between the U.S. - Canada border on the east and the Shaviovik and Kavik Rivers on the west, and within 5 miles of the coast from the Shaviovik and Kavik Rivers west to Point Barrow;

• Barrier island habitat - used for denning, refuge from human disturbance, and movements along the coast for access to denning and feeding habitats, comprising barrier islands and associated mainland spits, along with the water, ice, and terrestrial habitat within 1 mile of those features, designated as a no-disturbance zone. This no-disturbance zone is in effect when known bears are present and using the barrier island habitat.

Critical habitat excludes human-made structures and the land on which they are located, as well as seven specific areas consisting of the communities of Utqiaġvik and Kaktovik and five U.S.

Air Force radar sites (Point Barrow, Point Lonely, Oliktok Point, Bullen Point, and Barter Island).

Polar Bear Behavior

Polar bears can exhibit various behavior when encountering humans. Curious polar bears typically move slowly, stopping frequently to sniff the air, moving their heads around to catch a scent, or holding their heads high with ears forward. They may also stand up. A threatened or agitated polar bear may move erratically, vocalize, such as huffing or growling, snap its jaws together, stare (at the object of threat) or lower its head to below shoulder level, pressing its ears back and swaying from side to side. A predatory bear may sneak up on an object it considers prey. It may also approach in a straight line at constant speed without exhibiting curious or threatened behavior. All contractor personnel and crew members would be trained on polar bear behavior. The general methods for minimizing human-bear conflicts are: 1) avoid close encounters; 2) minimize attractants; and 3) recognize and respond appropriately during human-bear interactions. The USFWS Polar Bear Interaction Guidelines are found in Appendix A. The USFWS Guidelines do not supersede this document; they are meant to provide guidance to employees on an individual level.

Den Detection and Avoidance

Pregnant polar bears excavate maternal dens in snow on land and sea ice during the fall to early winter. Den selection by pregnant sows can occur during late November through mid- December. Pressure ridges on the pack ice and land fast ice provide primary den sites on the sea ice. Terrestrial maternal dens can be found along coastal bluffs and riverbanks but may also be found on lake shores and on edges of man-made substrate, such as gravel pads. These features are used for denning within approximately 25 miles from the coastline. These prominent surface features accumulate drifting snow which is used for den excavation and expansion (Figure 2).

In Alaska, maternal den structures are variable, where some consist of simple chambers with one entrance/exit tunnel, and others have multiple chambers and entrance/exit tunnels. Dens are most often covered by less than 3 feet (1 meter) of snow. These features are similar to dens elsewhere in the geographic range of polar bears. Appendix B provides information on how to detect polar bear den sites.

Polar bear sows typically emerge from their dens with their cubs between early March and mid- April and may remain in the area for days or weeks before moving out to the sea ice to feed.

Avoidance of active maternal denning locations is standard operating procedure during winter work and travel activities on the North Slope of Alaska.

The BLM Arctic District Office’s Integrated Activity Plan Record of Decision (IAP ROD) (BLM 2022) requires that proposed activities known or suspected to occur in polar bear denning habitat during the denning season (November through April) must make efforts to locate occupied polar bear dens within and near areas of operations using USFWS approved den detection techniques. All contractors associated with the 2024 Legacy Well Project would be required to conduct den detection surveys prior to operations. All observed or suspected dens would be reported to the BLM and USFWS prior to initiating activities.

The IAP ROD also requires that no activity occur within 1-mile of any known polar bear den site during the denning season (November through April or until the female and cubs leave the area).

If unknown den sites are discovered within 1 mile of activities, work would cease and the USFWS would be contacted for guidance on how to proceed.

Polar Bear Attractants

If polar bears encounter the work area, they may be curious about camps and operations due to the sights, smells, and sounds. Equipment and structures, such as temporary camp trailers, can provide areas where polar bears may investigate or hide. All contractor personnel and crew members would be trained to be aware of polar bears and bear activity by being vigilant and to constantly look for bears, especially when exiting trailers.

Snow build-up, such as snow drifts around camp trailers, could pose a safety issue by limiting visibility and concealing bears. Snow would be managed to prevent limiting visibility. To reduce the availability of hiding places for bears, all drifting snow would be cleared, as needed, or as soon as weather permits. Snow would be removed to the nearest available area adjacent to the location or to predetermined dump sites. Where practicable, large snow berms at working locations (potential hiding locations for bears) would be kept to a minimum.

Polar bears can also be attracted to camps and operations by scents of food, garbage, or other items that have odors such as motor oil, fuel, and other chemicals. These materials, if not handled properly can increase the likelihood of polar bear encounters. All food and other attractants would be stored inside buildings or containers to minimize odors.

Training

All contractor personnel would receive polar bear awareness training before beginning operations, some of which could be included in the North Slope Training Cooperative Program or conducted by the BLM. Material to be included in this training would include:

• Detection and avoidance of polar bears and polar bear dens.

• Preventing polar bear from being attracted to camps and operations, including proper food, waste, and attractant handling and disposal techniques.

• What to do in the event a polar bear is observed.

• How to report bear encounters.

Materials for the training would be provided by the BLM and USFWS. Sample material is provided in Appendix B of this document. USFWS Marine Mammal Protection Act Deterrence Guidelines are provided in Appendix D.

All contractors associated with the 2024 Legacy Well operations would be required to provide a detailed description of how training of personnel would be conducted and report to the BLM and the USFWS upon completion of that training.

Required Operating Procedures

All contractors associated with this project would be required to:

1. Provide specific information on how to meet all requirements outlined in this Plan to the BLM and USFWS at least 30 days prior to scouting trails. Information can be included in a contractors Polar Bear Interaction Plan.

2. Contact the USFWS for locations of known polar bear dens near the project areas before beginning activities. No activity would occur within 1 mile of the known polar bear dens based on the den locations provided by the USFWS.

3. Conduct two aerial infrared den detection surveys using USFWS approved methodology within the 2-mile corridor along the northern route from Oliktok to the Tulageak well site during December 2023 and/or January 2024. The surveys would also include the water source lakes and well sites. The two surveys would cover the same area. No activity would occur within 1 mile of any verified or suspected polar bear dens based on the results of the aerial infrared den detection surveys. Results of the two aerial infrared den detection surveys, would be provided to the BLM and USFWS before scouting of snow trails and operations and may result in changes to route locations.

4. Use a SnowDens 3D model to model drifted snow in real time using weather data and Digital Elevation Model data to identify areas with sufficient snow deposition (snow drifts) to help predict in-season areas of polar bear denning habitat. This modeling effort would be used to plan aerial infrared surveys and adjust snow trail locations to avoid areas with drifted snow and potential polar bear den sites. An initial SnowDens 3D model would be completed during the first week of December 2023. This modeling effort would be used to review the proposed route locations and identify areas of potentially suitable denning habitat for the aerial infrared den detection surveys. A second SnowDens 3D model would then be completed 7 days before scouting of the snow trails (if more than a month has passed from the initial model run). The second model run would be used to make adjustments to the proposed routes and to identify areas to survey using the handheld thermal camera during route scouting and construction. Results of the model would be loaded into the on-board vehicle computers to ensure areas of potential den sites are located and surveyed with the handheld thermal imaging camera during scouting, construction, and use of snow trails.

5. Results of the SnowDen 3D modeling would be provided to the BLM and USFWS before scouting of the snow trails and may result in changes to the route location. Areas of drifted snow (at least 5 feet deep) that could provide potential polar bear dens would either be avoided by 1 mile or surveyed with a handheld thermal camera during initial scouting of the snow trails to determine if the area contains observed or suspected denning bears. No snow trails would be constructed within 1 mile of areas with suspected or observed polar bear den sites based on results of the SnowDen 3D model, along with use of a handheld thermal camera, and field scouting efforts. The BLM and the FWS would be notified as soon as possible and no later than 24 hours from time of the suspected or observed den sites.

6. Ensure known den sites and potential denning habitat is loaded into on-board vehicle GPS systems.

7. Identify potential denning habitat including areas of drifted snow along bluffs, riverbanks, and lake edges during scouting of the snow trails. Areas identified as potential denning habitat would be surveyed with a handheld thermal camera during initial snow trail scouting. Imagery from the handheld thermal cameras would be used to identify the presence of heat signatures, resulting from escaping animal body heat, and identify the location of maternal polar bear dens. Results of the handheld thermal cameras surveys during trail scouting would be provided to the BLM and USFWS (including pictures and GPS points) before construction of the snow trails and operations and may result in changes to route locations. All observed or suspected den sites would be avoided by one mile and no activity would occur within one mile of these locations based on the results of the handheld thermal camera surveys. The BLM and the FWS would be notified as soon as possible and no later than 24 hours from time of the identified suspected or observed den sites.

8. Areas identified as potential denning habitat would also be surveyed with a handheld thermal camera during snow trail construction and on a weekly basis along the traveled routes throughout the winter months. Imagery from the handheld thermal cameras would be used to identify the presence of heat signatures, resulting from escaping animal body heat, and identify the location of maternal polar bear dens. Results of the handheld thermal cameras would be provided to the BLM (including pictures and GPS points) on a weekly basis during operations. All observed or suspected den sites would be avoided by one mile and no activity would occur within one mile of these locations based on the results of the handheld thermal camera surveys. The BLM and the FWS would be notified as soon as possible and no later than 24 hours from time of identified suspected or observed den sites.

9. Results of the two aerial infrared den detection surveys, SnowDen 3D modeling, and handheld thermal camera surveys during trail scouting would be provided to the BLM and USFWS before construction of the snow trails and operations begin and may result in changes to route locations. Results of the handheld thermal camera surveys (including pictures and GPS points) conducted along the traveled routes and at the well sites would also be provided to the BLM and USFWS on a weekly basis during operations.

10. Training of all contractor employees and field crews would include explanation of the requirements and use of this Plan; how to detect and avoid polar bear den sites; how to position camp trailers and equipment to prevent attracting bears or providing places where bears could hide; and on the USFWS Marine Mammal Protection Act Deterrence Guidelines. Crews would be provided the U.S. Geologic Survey denning habitat maps for awareness prior to field activities, especially during snow trail scouting, construction, and use. Contractors would provide the BLM with their specific training plan and when training had occurred.

11. Ensure personnel identified to use the handheld thermal camera(s) attend BLM training on how to use handheld thermal cameras.

12. Training of all contractor employees and field crews would include how to prevent attracting polar bears to camps and operations, including proper food and waste handling and disposal techniques; how to prevent encounters with bears including being vigilant of surroundings (especially under dark conditions or when visibility is poor); bear behavior;

and what to do if a polar bear is seen (including who to contact, actions to take). Crews would be instructed to never feed wildlife. The training would be for both winter and summer activities. Contractors would provide the BLM with their specific training plan and the date on which the training had occurred.

13. Avoid surprise encounters. Although the camps and operations would likely make ample noise, all personnel and crew members would be trained on traveling in pairs or groups, making noise, and being aware of their surroundings. This would be part of the contractor training plan.

14. Manage snow to prevent reduced visibility at the camps and well sites. The contractor would describe how snow would be managed.

15. Store all food and other attractants inside buildings or containers to minimize odors.

Trash would never be left outside unattended. Food taken into vehicles for remote operations must be stored in containers that minimize odors, such as plastic bags or plastic containers with lids. Maintain a clean camp and eating outside buildings or vehicles would be prohibited. Food or beverages would never be emptied onto the ground surface. Non-burnable trash and chemicals would also be treated as attractants and stored inside buildings or outside in bear-proof containers. If a fuel or chemical spill occurs, it would be cleaned up immediately including small spills or leaks from vehicles or machinery. Contractors would provide the BLM with their specific plan to prevent attracting wildlife to their camp and operations (including handling of human waste and garbage).

16. Temporary structures and camp trailers would be positioned to maximize visibility and minimize potential areas that a bear could crawl into or otherwise be hidden from view.

17. Illuminate areas of the camp, including all entry areas, and operations during times of darkness.

18. The contractor would provide the BLM with a communication plan and protocol to follow to ensure contractor personnel are safe and the alert system to be used if a polar bear is observed (both for winter and summer activities). All polar bear sightings would be reported to the BLM and USFWS as soon as possible and no later than 24 hours of the sighting. The polar bear sighting form is found in Appendix C.

19. Use a designated polar bear guard if polar bear(s) spend an extended time in view of the camp/operations or are aware of the crew. In cases where a bear shows prolonged interest in a camp, the crew could try to deter it with airhorns, shouting, or use of other loud noises. Contractors would provide the BLM with their specific protocol to use to deter bears. Authorization to take polar bears by harassment (deterrent activities) for the protection of both human life and polar bears while conducting project activities in polar bear habitat remains in place, per sections 101 (a)(4)(A), 109 (h), and 112 (c) of the Marine Mammal Protection Act.

20. During summer activities, coastal helicopter flight routes to access the well sites would be flown at least one mile from marine waters over terrestrial habitat and aircraft would approach sites, when practical, from a terrestrial aspect rather than from over marine water to minimize any potential disturbance to marine mammals, including polar bears and seals, that may be using the nearshore marine habitat. Further,

21. Conduct a 360-degree visual survey of the access routes and any locations within sight of the coast. If any marine mammals are observed within 0.25 mile, the helicopter would not land or continue inspections and would leave the area.

22. Any snow trails located over lakes, bays, or sea ice would have final inspections completed during demobilization.

23. Apply for polar bear deterrence authorization with the U.S. Fish and Wildlife Service for operations

24. Provide instruction to all personnel regarding the USFWS Polar Bear Interaction Guidelines (Appendix A).

25. During operations, all polar bear observations would be documented and submitted to the BLM and the USFWS within 24 hours and within a final report. The final report would also identify if no polar bears were observed during winter and summer activities.

Appendix C provides the reporting form.

26. Follow all other requirements identified in this Plan.

BLM Project Manager:

• Ensure all polar bear requirements found in this Plan are included in all contracts and permits associated with the Project.

• Provide contractors training on polar bear habitat, potential den sites, and how to use the handheld thermal cameras.

• Review the results of the aerial infrared den detection surveys and SnowDen 3D model with the contractor and identify any route adjustments based on the survey/modeling results. Identify areas to be surveyed with the handheld thermal camera during scouting of the snow trails and pads.

• Provide direction on route locations based on the results of the aerial infrared den detection surveys, SnowDen 3D model, and handheld thermal camera surveys.

• Ensure compliance with all requirements in this Plan.

References

Bromaghin, J.F., T.L. McDonald, I. Stirling, A.E. Derocher, E.S. Richardson, E.V. Regehr, D.C.

Douglas, G.M. Durner, T. Atwood, and S.C. Amstrup. 2015. Polar bear population dynamics in the southern Beaufort Sea during a period of sea ice decline. Ecological Applications 25:634- 651.

Regehr, E.V., Hostetter, N.J., Wilson, R.R., Rode, K.D., St. Martin, M., Converse, S.J. (2018), Integrated Population Modeling Provides the First Empirical Estimates of Vital Rates and Abundance for Polar Bears in the Chukchi Sea. Scientific Reports. 8:

16780, https://doi.org/10.1038/s41598-018-34824-7

BLM. 2022. National Petroleum Reserve in Alaska Integrated Activity Plan Record of Decision.

April 2022.

USFWS. 2010. As reported in the Federal Register - 75 Fed. Reg. 76086-76137. Endangered and Threatened Wildlife and Plant; Designation of Critical Habitat for the Polar Bear (Ursus maritimus) in the United States, Final Rule. 50 CFR Part 17. December 2, 2010.

https://doi.org/10.1038/s41598-018-34824-7

Appendix A

USFWS Polar Bear Interaction Guidelines

Downloaded on 4.27.2023 from https://www.fws.gov/pb-interaction-guidhttps://www.fws.gov/pb-interaction-guidelines

These Polar Bear Interaction Guidelines were developed to help ensure that human activities in polar bear habitat are conducted in a manner that minimizes conflicts with polar bears. Polar bears are protected under the Marine Mammal Protection Act (MMPA) and were listed as a threatened species under the Endangered Species Act (ESA) in 2008. The MMPA and ESA both prohibit the “take” of polar bears without authorization, unless it is necessary for human safety.

Take includes disturbance to polar bears, as well as injuring and killing polar bears.

Polar bears use sea ice, marine waters and terrestrial areas in northern and northwestern Alaska for resting, feeding, denning, and seasonal movements. They are most likely to be encountered within 25 miles of the coastline, especially along barrier islands during July-October. Polar bears may also be encountered farther inland, especially females during the denning period (November - April). Be aware that polar bears also occur within human settlements such as villages, camps, and work areas.

Polar bears react differently to human presence, depending on a variety of biological and environmental factors, as well as their previous experience with humans. Hungry (skinny) bears can be particularly dangerous. The general strategy for minimizing human-bear conflicts is to:

1) be prepared; 2) avoid encounters; and 3) know how to respond if an encounter occurs.

Unusual sightings or questions/concerns can be referred to Polar Bear Program staff at the Marine Mammals Management Office (MMM) at 1-800-362-5148; or to the Fairbanks Fish & Wildlife Field Office (FFWFO) at (907) 456-0499. See also: https://www.fws.gov/pb-interaction-guidelines and https://www.fws.gov/Safety-Polar-Bear-Habitat.

Contact: Lindsey Mangipane (lindsey_mangipane@fws.gov) or Dave Gustine (david_gustine@fws.gov).

When traveling on land or sea ice:

• Be prepared. Have a human-bear safety plan that includes information on how to avoid and respond to bear encounters. Carry deterrents, and practice/know how to use them.

• Avoid surprise encounters. Travel in groups, make noise, and be vigilant - especially on barrier islands, in river drainages, along bluff habitat or ice leads/polynyas, near whale or other marine mammal carcasses, or in the vicinity of fresh tracks.

• Minimize attractants. Avoid carrying strongly scented attractants such as meat or fish while away from camp or place them in air-tight containers to minimize odor transmission.

https://www.fws.gov/pb-interaction-guidelines https://www.fws.gov/pb-interaction-guidelines https://www.fws.gov/pb-interaction-guidelines https://www.fws.gov/pb-interaction-guidelines https://www.fws.gov/pb-interaction-guidelines mailto:lindsey_mangipane@fws.gov mailto:david_gustine@fws.gov

• Avoid disturbing denning bears. Between November and April, special care is needed to avoid disturbance of denning bears. If activities are to take place during that time period, MMM should be contacted to determine if any additional mitigation is required. In general, activities are not permitted within one mile of known den sites.

When camping:

• Avoid high use areas. If possible, avoid camping or lingering in bear high-use areas such as river drainages, coastal bluffs and barrier islands, or along ice leads/polynyas.

• Minimize and prevent access to attractants. Store food, garbage, and other attractants in a manner that minimizes odors and prevents access by bears. Don't allow a bear(s) to receive a food reward in your camp; a rewarded bear is likely to become a problem for you or someone else in the future.

• Use bear-resistant containers to store food, garbage, and other attractants. Containers should be approved and certified by the Interagency Grizzly Bear Committee as "bear-resistant”.

• Consider the use of an electric fence and/or alarm system as additional protection.

If a polar bear(s) is encountered:

• Prepare your deterrent(s). Do not run from or approach polar bears. If the bear is unaware of you, allow it to continue what it was doing before you encountered it. Move to safe shelter (e.g. vehicle or building) if available, and wait until it is safe to proceed.

• Group up. If no safe shelter is available, group up with others and stand positioned to allow for safe deployment of deterrents (e.g. firearm, pistol launcher, bear pepper spray)

– until the bear leaves.

• Observe bear behavior. Polar bears that stop what they are doing to turn their head or sniff the air in your direction have likely become aware of your presence. These animals may exhibit various behaviors: Curious polar bears typically move slowly, stopping frequently to sniff the air, moving their heads around to catch a scent, or holding their heads high with ears forward. They may also stand up. A threatened or agitated polar bear may huff, snap its jaws together, stare at you (or the object of threat) and lower its head to below shoulder level, pressing its ears back and swaying from side to side. A predatory bear may sneak up on an object it considers prey. It may also approach in a straight line at constant speed without exhibiting curious or threatened behavior.

If a polar bear(s) approaches you or your camp:

• Defend your group/camp. Any bear that approaches within range of your deterrents should be deterred. Stand your ground; do not run. Defend your group or camp, increasing the intensity of your deterrence efforts as necessary. Be aware that lethal take of polar bears is permissible if such taking is imminently necessary in defense of human life. Defense of life kills must be reported to the Service within 48 hours. The phone number to report is 907-786-3311.

• If bear makes physical contact, fight back. If deterrence/lethal efforts have failed and a polar bear attacks (makes physical contact), do not “play dead”. Fight back using any deterrents available, aiming fists or objects at the bear’s nose and face.

When operating aircraft (including unmanned aircraft systems/drones):

• Unless taking off from or landing at an airport/airstrip, pilots should maintain a minimum of 1,500 feet flight altitude and ½ mile horizontal distance from polar bears in the water, and on ice or land. Avoid circling or turning aircraft near polar bears.

When operating watercraft:

• Be especially vigilant for swimming bears. If a swimming bear(s) is encountered, allow it to continue unhindered. Never approach, herd, chase, or attempt to lure swimming bear(s). Reduce speed when visibility is low and avoid sudden changes in travel direction.

Appendix B – USFWS Polar Bear Den Presentation

Appendix C - Polar Bear Sighting Form

61631 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations

(a) Date of the accident;

(b) City or town in which the accident occurred, or city or town closest to the scene of the accident;

(c) Driver’s name and license number;

(d) Vehicle number and State license number;

(e) Number of injuries;

(f) Number of fatalities;

(g) Whether hazardous materials, other than fuel spilled from the fuel tanks of the motor vehicles involved in the accident, were released;

(h) The police-reported cause of the accident;

(i) Whether the driver was cited for violating any traffic laws, motor carrier safety regulations, or hazardous materials discharge; and

(j) Whether the driver was operating under the exemption, and if so, an estimate of the total driving time, on-duty time for the day of the accident and each of the seven calendar days prior to the accident.

Duration of the Exemption

The exemption is effective October 6, 2010 and will remain in effect until October 9, 2012 unless revoked earlier by FMCSA. The exemption may be renewed by the Agency; the Agency will provide notice and an opportunity for public comment prior to renewing the exemption. The exemption preempts inconsistent State or local requirements applicable to interstate commerce.

Safety Oversight of Carriers Operating Under the Exemption

FMCSA expects that any drivers and their employing motor carrier operating under the terms and conditions of the exemption will maintain their safety record. Should any deterioration occur, however, FMCSA will, consistent with the statutory requirements of TEA–21, take all steps necessary to protect the public interest. Use of the exemption is voluntary, and FMCSA will immediately revoke the exemption for any interstate driver or motor carrier for failure to comply with the terms and conditions exemption.

Issued on: September 30, 2010.

Anne S. Ferro, Administrator.

[FR Doc. 2010–25207 Filed 10–5–10; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18

[Docket No. FWS–R7–FHC–2010–0002;

71490–1351–0000–L5–FY10]

RIN 1018–AW94

Marine Mammal Protection Act;

Deterrence Guidelines

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

SUMMARY: These guidelines set forth best practices that we, the Fish and Wildlife Service, find are appropriate for safely and nonlethally deterring polar bears from damaging private and public property and endangering the public.

Anyone deciding to carry out the deterrence measures or practices set out in this rule may do so without our written authorization or supervision. As discussed in the background section of the proposed rule (75 FR 21571) as well as in our responses to public comments, we authorize other, more aggressive deterrence activities through separate provisions of the Marine Mammal Protection Act. This rule is being promulgated to better inform the public on the safe deterrence of polar bears as directed under the MMPA and not because of specific or recurring incidences.

DATES: This rule becomes effective on November 5, 2010.

ADDRESSES: The final rule and associated environmental assessment are available for viewing at http:// regulations.gov. Supporting documentation we used in preparing this final rule is available for public inspection, by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Marine Mammals Management Office, U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage, AK 99503; telephone 907/ 786–3800; facsimile 907/786–3816.

FOR FURTHER INFORMATION CONTACT:

Charles S. Hamilton, Wildlife Biologist, Office of Marine Mammals Management (see ADDRESSES section). 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:

Background

It is our intent to discuss only those topics directly relevant to the deterrence of the polar bear as provided for in the 1994 amendments to the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 et seq.). For more information on the polar bear, including its status as a threatened species under the Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.), refer to the final listing rule published on May 15, 2008 (73 FR 28212), the final special rule published on December 16, 2008 (73 FR 76249), the proposed designation of critical habitat published on October 29, 2009 (74 FR 56058), and the May 5, 2010 (75 FR 24545) notice of availability of the draft Economic Analysis for the polar bear proposed designation of critical habitat.

As discussed in our notice of April 26, 2010 (75 FR 21571), the 1994 amendments to the MMPA provide an exception to otherwise prohibited acts, allowing the use of measures that may deter a marine mammal from, among other things, damaging private property or endangering personal safety [16 U.S.C. 1371(a)(4)(A)(ii) and (iii), respectively]. These acts of deterrence must not result in the death or serious injury of a marine mammal. Section 101(a)(4)(A) of the MMPA specifically identifies the circumstances when the deterrence of a polar bear may be undertaken and by whom. These include the owner of fishing gear or catch (or his or her employee or agent) when deterring a polar bear from damaging that gear or catch and the owner (or his agent, bailee, or employee) of private property (other than fishing gear or catch) when deterring a polar bear from damaging their property. In addition, under section 101(a)(4)(A) of the MMPA any person may deter a polar bear from endangering personal safety and a government employee may also deter a polar bear from damaging public property. Separate from this authorization, section 101(a)(4)(B) of the MMPA directs the Fish and Wildlife Service (Service) to recommend specific measures that the public may use to safely, nonlethally deter marine mammals, including those listed as endangered or threatened under the ESA. Section 101(a)(4)(C) of the MMPA provides for the prohibition of certain forms of deterrence if the Service determines, using the best scientific information available, and subsequent to public comment, that the deterrence measure has a significant adverse effect on marine mammals.

We have developed these guidelines based on information gained over the past twenty years from our Incidental Take program and cooperative agreements with Alaska Native organizations. Additionally, we received

VerDate Mar<15>2010 15:06 Oct 05, 2010 Jkt 223001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1W R ei er

-A vi le s on D

S K

G B

LS

3C

1P R

O D w ith

R U

LE

S

Appendix D http://regulations.gov http://regulations.gov

61632 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations

1 In 1983, the Interagency Grizzly Bear Committee (IGBC) was created to coordinate management efforts and research actions across multiple Federal lands and States within the various Recovery Zones to recover the grizzly bear in the lower 48 States.

Its objective was to change land management practices to more effectively provide security and maintain or improve habitat conditions for the grizzly bear. The IGBC is made up of upper level managers from affected State, Federal, and Tribal entities. More information about the IGBC may be found on line at: http://www.igbconline.org/ index.html. The IGBC is still in service today.

comment on our proposed guidelines from both the public and experts in the field. These guidelines provide measures that the public may use safely and, if applied properly, will not kill or seriously injure a polar bear. These guidelines are needed to reduce potential occurrences of bear-human interactions and result in no more than minor, short-term behavioral effects on polar bears.

Additional deterrence measures are available under other provisions of the MMPA. As discussed below, these exceptions may be carried out by certain individuals even if they may pose the risk of serious injury or mortality to the polar bear. Section 109(h) of the MMPA allows a Federal, State, or local government employee, acting in their official capacity, to take a polar bear for the protection or welfare of the animal, the protection of the public health and welfare, or the nonlethal removal of nuisance marine mammals. Private persons who have a section 112(c) cooperative agreement with the Service may also carry out such deterrence activities under section 109(h) but only in their capacity as designated persons under such agreement and in full compliance with its terms and conditions. Section 101(c) of the MMPA also allows any person to take a polar bear if the taking is imminently necessary in self-defense or to save the life of a person in immediate danger, and such taking is reported to the Secretary within 48 hours.

Summary of Comments and Recommendations

During the public comment period, we requested written comments from the general public on the proposed deterrence guidelines for the polar bear.

Also, as directed under section 101(a)(4)(B), we invited appropriate experts to peer review the proposed guidelines. These experts included representatives from the State of Alaska’s Department of Fish and Game, and local community experts that have had experience in areas where the polar bear and human population overlap.

The comment period on the proposed deterrence guidelines opened on April 26, 2010 (75 FR 21571) and closed on May 26, 2010. During that time, we received 8 public comments, and 1 peer review comment on the proposed deterrence guidelines: 1 from the United States Marine Mammal Commission; 1 from the North Slope Borough; 1 from an appropriate expert; and the remainder from organizations and individuals. We reviewed all comments, which are part of the Docket for this rulemaking, received for substantive issues, new information, and recommendations regarding deterrence guidelines for the polar bear. These comments are summarized and addressed below, and are incorporated into the final rule as appropriate.

Comments and Responses Comment 1: The guidelines are not all inclusive, nor are they exhaustive of the means by which polar bears may be deterred; there are a number of other well recognized and accepted methods which may be used to deter, deflect and haze polar bears.

Response: We recognize there are a number of devices and actions individuals can and do take to protect themselves, or their property, from bears. For example, people use bear spray (see comment 2 below), electric fences (see comment 3 below), cracker shells, bean bags, rubber or plastic bullets, and other projectile devices, to successfully haze polar bears. Yet, all such activities which necessitate interactions between humans and bears (especially those activities which include use of a firearm), without appropriate training, may result in either personal injury or injury to a polar bear. These specified deterrence guidelines include activities that any individual may take, regardless of skill, training, or ability. By following these guidelines, we believe the possibility that a polar bear-human interaction will escalate to a circumstance where a polar bear, or an individual, is killed or seriously hurt is minimized.

Apart from these guidelines, the MMPA does provide for the use of other means to deter polar bears. As discussed in the preamble above, section 101(a)(4)(A) allows for certain persons in certain situations to conduct acts of deterrence, as long as they do not result in the death or serious injury of the polar bear. Under section 109(h), Federal, State, or local governmental officials or employees may also deter polar bears when acting in the course of their official duties, and private persons who have a section 112(c) cooperative agreement with the Service may carry out deterrence measures when acting in their capacity as designated persons under such agreement and in full compliance with its terms and conditions.

Comment 2: There is no discussion of bear spray and its effectiveness.

Response: We acknowledge that bear spray (a product registered by the EPA with use directions on the label specifically for repelling bears) is an important tool for deterring bears when used properly. However, bear spray is not effective in all circumstances. For example, according to the Interagency Grizzly Bear Committee 1 (IGBC), bear spray should be used as a deterrent only in an aggressive or attacking confrontation with a bear. According to the IGBC, the more agitated a bear is, the more effective bear spray is. A bear that is charging or attacking breathes deeply and draws the active ingredient into its throat and lungs. Bear spray is not designed to be used on non-aggressive bears. Non-aggressive bears that have been sprayed while feeding tend to walk off and return in a short time.

Despite the lack of data related to the use of bear spray on polar bears, bear spray can likely be effectively used with polar bears as they are similar to grizzly bears, having evolved from the brown bear. However, the Service believes proper training is necessary prior to using bear spray as a preventive deterrence measure when faced with something other than an aggressive animal, such as a curious bear. In addition, aversive conditioning may be an appropriate use of bear spray on a curious animal to prevent the bear from interacting with humans in the future.

Multiple deterrent sessions may be necessary to condition the bear. This would entail an increased level of training and knowledge of bear behavior for the user. For this reason, the Service believes that bear spray can be addressed in our other intentional take programs, which address more aggressive deterrent techniques, rather than these guidelines.