In Alaska, the Marine Mammal Protection Act of 1972 (MMPA) protects polar bears, Pacific walrus, and sea otters by prohibiting "take" of these animals. Take means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal (see the MMPA Glossary for more information). The MMPA provides specific exceptions to the prohibition on taking, including a provision that allows U.S. citizens to take small numbers of marine mammals incidental to specified activities.
More specifically, Sections 101(a)(5)(A) and (D) of the MMPA authorize the Secretary of the Interior to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals (including polar bears, Pacific walruses, and sea otters) by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region provided the total of such taking will have no more than a negligible impact on these marine mammal species and does not have an unmitigable adverse impact on the availability of these species for subsistence uses. Two types of incidental take authorizations are available: Incidental Take Regulations (ITRs) and Incidental Harassment Authorizations (IHAs).
Permissible methods of taking and other means of affecting the least practicable impact on the species or stock and its habitat, and requirements pertaining to the monitoring and reporting of such takings, are prescribed as part of the authorization process.
Where appropriate, ITRs and IHAs can provide considerable conservation and management benefits to potentially impacted marine mammals. Activities authorized under ITRs and IHAs must adopt measures to minimize any adverse impacts to marine mammals; their habitat, and their availability for Alaska Native subsistence use. ITRs and IHAs also specify monitoring and reporting requirements which provide a basis for evaluating potential impacts of current and future activities on marine mammals. Without incidental take authorizations, commercial activities in most cases could still continue; however, the Service would have no formal means of communicating with Industry or have the ability to require monitoring and mitigation of specific activities and any form of resulting would be a violation of the MMPA.
Incidental Take Regulations
Incidental take regulations (ITRs) may be promulgated by the Service under section 101(a)(5)(A) of the MMPA and regulations at 50 CFR 18.27. ITRs are valid for up to five years, or seven years for military readiness activities. They may cover incidental take associated with multiple projects so long as activities are similar and occur within the same specified area. More information on petitioning for ITRs is provided on our Applicant Instructions page.
Once ITRs are in effect, U.S. citizens conducting activities within their scope may request an associated Letter of Authorization (LOA) for incidental take. LOAs are issued on a project specific basis and include operating restrictions, as well as mitigation and safety measures designed to minimize impacts to marine mammals and maximize human safety in areas of potential interaction with marine mammals. LOAs also specify monitoring and reporting requirements to evaluate the level and impact of any resulting takes. Depending upon the nature, location and timing of the proposed activity, applicants may be required to consult with potentially affected subsistence communities, and develop additional mitigation measures to address potential impacts to subsistence users of marine mammals. See the Letter of Authorization Requests page for more information on LOAs.
Incidental Harassment Authorizations
Incidental harassment authorizations (IHAs) may be issued by the Service under Section 101(a)(5)(D) of the MMPA. IHAs are effective for up to one year and are issued for a single project, like an LOA. They authorize take by harassment only and cannot authorize lethal take. See our Applicant Instructions page for more information on applying for an IHA.
Take Authorizations and Public Comment
In accordance with the MMPA, the Service invites public comment on proposed ITRs and IHAs before they are finalized and issued. All proposed incidental take authorizations are published in the Federal Register and have an open public comment period of 30 days or more.
Active Incidental Take Regulations
Issued Letters of Authorization
The U.S. Fish & Wildlife Service published a Federal Register notice on July 18, 2025, to inform the public of the Letters of Authorization (LOAs) we issued in 2024 under our Incidental Take Regulations for polar bears and Pacific walrus in the Southern Beaufort Sea (50 CFR 18 subpart J) and northern sea otters in the Gulf of Alaska (50 CFR 18 subpart L). You may view that notice as well as the LOAs at http://www.regulations.gov under Docket No. FWS-R7-ES-2025-0025.
Authorization List
See the pages linked below for full lists of proposed and issued incidental take authorizations in Alaska for polar bears, Pacific walrus, and northern sea otters.
List of Incidental Take Regulations
List of Incidental Harassment Authorizations
Marine Mammals; Incidental Take of Polar Bears and Pacific Walruses in the Beaufort Sea and North Slope of Alaska
We, the U.S. Fish and Wildlife Service, received a request under the Marine Mammal Protection Act of 1972 from the Alaska Oil and Gas Association to issue regulations facilitating the authorization of incidental, unintentional take of small numbers of polar bears and Pacific walruses during year-round oil and gas industry activities in the Beaufort Sea (Alaska and the Outer Continental Shelf) and adjacent northern coast of Alaska. Take may result from oil and gas exploration, development, production, and transportation activities occurring for a period of 5 years. Oil and gas industry operations include similar types of activities covered by the previous 5-year Beaufort Sea incidental take regulations effective from August 5, 2021, through August 5, 2026. If this rule is finalized, we may issue letters of authorization, upon request, for specific proposed activities in accordance with this proposed regulation. We are proposing that this rule, if finalized, will be for 5 years. We intend that any final action resulting from this proposed rule will be as accurate and effective as possible. Therefore, we request comments or suggestions on these proposed regulations and the accompanying draft environmental assessment from the public, Tribes, and local, State, and Federal agencies.
More information is available at:
Marine Mammals; Proposed Incidental Harassment Authorization for the Southern Beaufort Sea Stock of Polar Bears During Legacy Well Remediation Activities, North Slope of Alaska
A proposed Incidental Harassment Authorization for polar bears in the Southern Beaufort Sea stock is open for public comment until March 16, 2026. The authorization proposed in response to a request from the Bureau of Land Management would authorize nonlethal, incidental take by harassment of small numbers of polar bears that may result from activities associated with oil well plugging and reclamation, soil sampling, snow trail, pad, and airstrip construction, and summer cleanup activities in the North Slope Borough of Alaska between western Smith Bay and Oliktok. This proposed authorization, if finalized, will be for up to 10 takes of polar bears by Level B harassment. No Level A harassment or lethal take is requested, expected, or proposed to be authorized.
Once the public comment period closes, we will review all submitted comments prior to making a final determination.
More information is available at:
