North Slope Borough Backs Federal Rules Protecting Polar Bears, Walrus During Oil Operations

Before crews break ground at any Beaufort Sea oilfield site, federal rules the North Slope Borough formally backed this week would require operators to first scan project areas with aerial infrared cameras, identify polar bear dens in the snowpack, and commit to buffer zones that halt all vehicle, vessel and aircraft traffic within 805 meters of any occupied den.

The Borough submitted a public comment letter to the U.S. Fish and Wildlife Service on April 11, expressing support for proposed Incidental Take Regulations covering the Southern Beaufort Sea polar bear population and Pacific walrus along the North Slope coast for the five-year period from 2026 through 2031. The rules, published in the Federal Register on March 9, were triggered by a request the Alaska Oil and Gas Association filed on September 30, 2025, on behalf of member and affiliated companies including Alyeska Pipeline Service Company, BlueCrest Energy and Chevron Corporation. FWS deemed the request adequate and complete on January 12, 2026.

The regulations would govern oil and gas exploration, development, production, transportation and legacy well remediation across the region. Operators seeking to work under the rules would apply to FWS for Letters of Authorization, with each letter carrying specific mitigation, monitoring and reporting requirements tied to their project scope.

The on-the-ground obligations are specific. AOGA committed in its request to aerial infrared surveys of project areas before any ground operations begin. If a den is located, exclusion zones go into effect immediately and operators are required to maintain round-the-clock monitoring. Companies that discover a previously unknown den during active field work must halt nearby activity and coordinate with FWS on protective measures. AOGA's stated minimum avoidance distance from any confirmed or suspected den site is 805 meters for all vehicles, vessels and aircraft, except in documented emergencies.

For communities including Utqiaġvik, Wainwright and Point Hope, the legal threshold embedded in the Marine Mammal Protection Act is as consequential as any exclusion zone. The MMPA permits incidental, non-lethal takes only when FWS finds that the activity will have a negligible impact on the species and, critically, no unmitigable adverse impact on subsistence uses by Alaska Natives. The Borough's decision to file a supportive comment signals confidence that the proposed ITR language protects community access to walrus and polar bears, which anchor both the diet and cultural life of North Slope families.

The current ITRs covering Beaufort Sea oilfield operations, issued in 2021, expire this year, making the new 2026-2031 framework time-sensitive for operators planning multi-year programs. Companies whose projects qualify under a final rule would gain regulatory certainty for the full five-year window rather than pursuing individual annual authorizations, a distinction that reshapes work planning timelines and capital commitment across the Slope. The Borough's comment joins thousands filed during the public review window and now becomes part of the administrative record FWS must weigh before the rule is finalized.