ANCHORAGE — Oil companies operating in the Chukchi Sea off Alaska’s northwest coast will have a negligible effect on polar bears and walrus, according to a federal Appeals Court ruling Tuesday that backed U.S. Fish and Wildlife Service rules on harassment of the animals.
A three-judge panel of the 9th Circuit Court of Appeals said the agency correctly issued rules that provide legal protection to oil companies if small numbers of polar bears or Pacific walruses are incidentally harmed.
“We’re glad that the court has reaffirmed the appropriateness of our conservation measures,” agency spokesman Bruce Woods said.
The Center for Biological Diversity sued over the rules, claiming both individual animals and entire populations must be analyzed for protection. Center attorney Rebecca Noblin said the Appeals Court agreed but concluded the Fish and Wildlife Service had done sufficient separate analyses. Noblin called the decision disappointing.
The Marine Mammal Protection Act generally prohibits the “take” of marine mammals. Take is defined to include harassment or annoyance that has the potential to injure or that could disrupt behavior patterns such as migration, nursing, breeding and feeding.
A polar bear killed by a security guard at a BP oil field was the only animal known to be killed by industry activity in recent years, Noblin said. The guard hit the bear with a “cracker round” designed to make a loud noise.
The bigger issue, Noblin said, is the effect of oil company noise on two species that rely heavily on sound. Walrus in recent years have congregated on Alaska shoreline shore in the absence of sea ice over shallow feeding areas, she said, and noise could set off a stampede that kills young animals.
“It can impact the animals’ behavior, or their hearing itself,” she said. The rules, she said, allow harassment of unlimited numbers of polar bears and walrus.
Appeals Court judges concluded that the Fish and Wildlife Service determined that only “relatively small numbers” of polar bear and walrus would be “taken” in relation to the size of their larger populations. The agency determined separately that anticipated take would have only a “negligible impact” on their annual rate of survival.
The agency concluded that on-shore oil company activity would not be near polar bear dens or walrus haulouts — or gatherings — and that offshore drilling would occur during the open water season, not near pack ice used by polar bears and walrus.
The disputed rules cover five years ending in 2012. Rules for the next five years are being drafted, Woods said.





Comments (10)
Add commentMy ears have been damaged
My ears have been damaged from loud noise. The noise I was exposed to (fireworks) had a decibel reading above 130 db. The damage to my ears was incredibly disorientating, as I walked around I could not tell where the true source of any noise was originating. Noise that was in front of me sounded like it was coming from behind me.
I now have a great appreciation as to how sea mammals, or any animal , that depends on their hearing for their survival, become disorientated from exposure to loud noises. Loud noise damages hearing. These animals cannot protect themselves from the noise, we have to protect them from the noise, it is our obligation.
We need to make sure that our laws protect these animals from loud noises because their survival depends on it.
al97ct thanks for relaying
al97ct thanks for relaying what you experienced, it provides a great visual of why whales beach themselves
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So the CBD wanted a
So the CBD wanted a scientific study, and they got the scientific study. It just didn't match with their desired outcome, which would require reduction or cessation of resource development. This is an excellent example of enviro-Nazis happy with nothing less than denial of any development, regardless of the truth of the science. Their next argument will be that vibrations will interrupt the mating habits of the great arctic sea-coral microsnail.
"some fish cannot escape
"some fish cannot escape human-generated sounds. Even when those sounds increase background noise by just 10 decibels or less, the health effects could be profound"
http://www.msnbc.msn.com/id/43047838/ns/technology_and_science-science/t...
Fishing is a billion dollar industry for our state,this is also about keeping the Alaskan way of life
"The Alaskan way of life"
"The Alaskan way of life" What exactly is that? Alternating between the Federal teat and the Industry teat?
How much of that billion
How much of that billion dollar industry is located in the arctic? Even the uber-liberal CBD didn't try that nonsense.
Oil companies -
Oil companies - 1
Enviro-freaks - 0
The CBD is a bunch of troublemakers sucking off the taxpayers.
And just for you, dust, George Soros money is involved through his Open Society Institute.
DOJ Documents Confirm Center for Biological Diversity Received Millions in Taxpayer Funds from ESA-Related Lawsuits
WASHINGTON, D.C., June 27, 2012 - The Center for Biological Diversity today sent a letter to House Natural Resources Committee Chairman Doc Hastings claiming their organization had only received $553,000 in taxpayer funds resulting from Endangered Species Act (ESA) related attorney fees and court cases. This claim conflicts with data obtained from the Department of Justice (DOJ), which shows over $2 million in taxpayer dollars have been paid out to the Center for Biological Diversity and their attorneys for cases open between 2009-2012.
Read more - http://naturalresources.house.gov/news/documentsingle.aspx?DocumentID=30...
Correction, Frenchie
Oil companies - 5,482
Enviro-freaks - 0