[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42805-42809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20437]
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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
[[Page 42806]]
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]
BILLING CODE 4310-55-M
