New federal rules under review could allow oil and gas companies operating in northern Alaska to unintentionally harm or kill a limited number of polar bears and Pacific walruses without facing legal penalties. The proposal is tied to President Trump’s broader effort to expand energy development in the region and is currently being considered by the U.S. Fish and Wildlife Service.
The measure would permit what regulators call “incidental take,” a legal term that covers actions such as killing, injuring, or disturbing protected wildlife. While the rule does not explicitly authorize companies to kill animals, it would shield them from prosecution if deaths occur during activities like drilling, transportation, or seismic testing.
Federal officials say safeguards would be in place. According to the Interior Department, the plan includes monitoring and mitigation requirements aimed at reducing harm to wildlife, and officials say they do not expect any intentional killing of polar bears or walruses, including cubs.
However, concerns remain about the risks tied to industrial activity in sensitive habitats. The proposed leasing area includes parts of the Beaufort Sea, a key breeding and denning region for polar bears. Disturbances from human activity could cause mother bears to flee, potentially leaving cubs behind to die in harsh Arctic conditions. Government reviewers acknowledged that if a denning female is disrupted and abandons her young before they are able to survive on their own, those cubs would likely perish.
Walruses could also be affected. Though encounters are expected to be less frequent, the animals could be injured or killed if struck by vessels or caught in stampedes triggered by human presence.
The proposal comes ahead of a planned June 5 auction for oil and gas leases in the Arctic National Wildlife Refuge, an area that supports more than 300 species, including caribou, wolves, and moose. The sale is part of President Trump’s initiative to increase resource extraction in Alaska.
Wildlife advocates argue the risks are greater than federal agencies suggest. Some point to the Southern Beaufort Sea polar bear population, which has declined by roughly 40 percent since the early 2000s and now numbers about 900 animals, as especially vulnerable. They dispute the government’s conclusion that any additional deaths would have only a minimal effect on the species.
Industry representatives say the inclusion of incidental harm provisions is standard practice in regulations governing remote and potentially hazardous environments. They maintain that lethal encounters are unlikely and not something companies anticipate.
The Fish and Wildlife Service also noted that interactions between workers and polar bears could pose dangers to people, particularly during months when bear activity is higher. As a result, companies would be required to implement measures to limit contact and prevent animals from associating humans with food.
If approved, the permits would be valid for five years and would protect companies from legal liability related to accidental harm or deaths of these protected species.
The Arctic National Wildlife Refuge’s coastal plain, where drilling is proposed, is believed to contain between 4.25 billion and 11.8 billion barrels of recoverable oil, according to the Bureau of Land Management. At the same time, it remains the largest wildlife refuge in the United States, and environmental groups continue to oppose development there, warning it could further threaten already at-risk species.
Across Alaska, polar bear populations are estimated between 4,000 and 7,000. The species is listed as threatened under the Endangered Species Act. Walrus populations are harder to measure due to their migration between U.S. and Russian waters, with estimates ranging widely from 50,000 to 500,000.