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RuleE8-129182008-06-11

Marine Mammals; Incidental Take During Specified Activities

Interior Department, Fish and Wildlife Service

Abstract

The Fish and Wildlife Service (Service or we) has developed 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 will be effective for 5 years from date of issuance. We find that 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. The 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. The Service will issue Letters of Authorization (LOAs) to conduct activities under the provisions of these regulations.

Action & Dates

Action
Final rule.
Dates
This rule is effective June 11, 2008, and remains effective through June 11, 2013. We find that it is appropriate to make this rule effective immediately because it relieves restrictions that would otherwise apply under the Marine Mammal Protection Act and therefore section 553(d)(1) of the Administrative Procedure Act applies.
Effective Date
2008-06-11

CFR References

Topics

Administrative practice and procedureAlaskaImportsIndiansMarine mammalsOil and gas explorationReporting and recordkeeping requirementsTransportation

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Interior Fish and Wildlife Service 50 CFR Part 18 [FWS-R7-FHC-2008-0040; 71490-1351-0000-L5] RIN 1018-AU41 AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: The Fish and Wildlife Service (Service or we) has developed 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 will be effective for 5 years from date of issuance. We find that 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. The 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. The Service will issue Letters of Authorization (LOAs) to conduct activities under the provisions of these regulations. DATES: This rule is effective June 11, 2008, and remains effective through June 11, 2013. We find that it is appropriate to

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Full Document

Citation: 73 FR 33212