[Senate Treaty Document 107-10]
[From the U.S. Government Printing Office]



107th Congress                                              Treaty Doc.
                                   SENATE                     
 2d Session                                                   107-10
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  AGREEMENT WITH RUSSIAN FEDERATION CONCERNING POLAR BEAR POPULATION

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND 
  THE GOVERNMENT OF THE RUSSIAN FEDERATION ON THE CONSERVATION AND 
  MANAGEMENT OF THE ALASKA-CHUKOTKA POLAR BEAR POPULATION DONE AT 
  WASHINGTON ON OCTOBER 16, 2000




July 11, 2002.--Agreement was read the first time, and together with 
  the accompanying papers, referred to the Committee on Foreign Relations 
  and ordered to be printed for the use of the Senate
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-118                    WASHINGTON : 2002


                         LETTER OF TRANSMITTAL

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                                    The White House, July 11, 2002.
To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, I transmit herewith the Agreement 
between the Government of the United States of America and the 
Government of the Russian Federation on the Conservation and 
Management of the Alaska-Chukotka Polar Bear Population done at 
Washington on October 16, 2000 (the ``U.S.-Russia Agreement''). 
I also transmit, for the information of the Senate, the report 
of the Department of State with respect to that Agreement.
    The U.S.-Russia Agreement provides legal protections for 
this population of polar bears in addition to those found in 
the Agreement on the Conservation of Polar Bears done at Oslo, 
November 13, 1973 (the ``1973 Agreement''), which was a 
significant, early step in the international conservation of 
polar bears. The 1973 Agreement is a multilateral treaty to 
which the United States and Russia are parties. (The other 
parties are Norway, Canada, and Denmark.) The 1973 Agreement 
provides authority for the maintenance of a subsistence harvest 
of polar bears and provides for habitat conservation.
    The proposed U.S.-Russia Agreement, which would operate as 
a free-standing treaty separate from the 1973 Agreement, is the 
culmination of a 8-year effort. The U.S.-Russia Agreement 
builds on the 1973 Agreement to establish a common legal, 
scientific, and administrative frame work for the conservation 
and management of the Alaska-Chukotka polar bear population, 
which is shared by the United States and the Russian 
Federation. For example, the U.S.-Russia Agreement provides a 
definition of ``sustainable harvest'' that will help the United 
States and Russia to implement polar bear conservation measures 
while safeguarding the interests of native people. In addition, 
the U.S.-Russia Agreement establishes the U.S.-Russia Polar 
Bear Commission, which would function as the bilateral managing 
authority to make scientific determinations, establish taking 
limits, and carry out other responsibilities under the terms of 
the U.S.-Russia Agreement. The proposed U.S.-Russia Agreement 
would strengthen the conservation of our shared polar bear 
population through a coordinated sustainable harvest management 
program.
    Early ratification of the U.S.-Russia Agreement by the 
United States will reinforce our leadership role in 
international conservation of marine mammals and will encourage 
similar conservation action by other countries. I recommend 
that the Senate give early and favorable consideration to this 
Agreement and give its advice and consent to ratification.
                                                    George W. Bush.
                          LETTER OF SUBMITTAL

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                                       Department of State,
                                          Washington, June 5, 2002.
The President,
The White House.
    The President: I have the honor to submit to you, with a 
view to its transmittal to the Senate for advice and consent to 
ratification, the Agreement between the Government of the 
United States of America and the Government of the Russian 
Federation on the Conservation and Management of the Alaska-
Chukotka Polar Bear Population done at Washington on October 
16, 2000 (the ``U.S.-Russia Agreement'').
    The U.S.-Russia Agreement is designed to afford protections 
to this polar bear population in addition to those provided by 
the multilateral Agreement on the Conservation of Polar Bears 
done at Oslo, November 15, 1973, (the ``1973 Agreement''), an 
agreement to which the United States and Russia are parties. 
(The other parties are Norway, Canada and Denmark.) The U.S.-
Russia Agreement will establish a common legal, scientific and 
administrative framework for the conservation and management of 
the Alaska-Chukotka polar bear population, which is shared by 
the United States and the Russian Federation. Unified and 
binding protection is needed to ensure that the taking of polar 
bears by native people in Alaska and the Chukotka region and 
other activities do not adversely affect this polar bear 
population.
    The 1973 Agreement allows the taking of polar bears for 
subsistence purposes by native people, as does our domestic 
legislation--the Marine Mammal Protection Act (MMPA)--in 
respect to Alaska natives. The U.S.-Russia Agreement advances 
the 1973 Agreement in several ways. For example, it provides a 
definition of ``sustainable harvest'' that will help the United 
States and Russia to implement polar bear conservation 
measures. In addition, the U.S.-Russia Agreement establishes 
the ``U.S.-Russia Polar Bear Commission,'' which would function 
as the bilateral managing authority to make scientific 
determinations, establish harvest limits and carry out other 
responsibilities under the terms of the bilateral agreement. 
The Agreement would strengthen the capability of our countries 
to implement coordinated conservation measures for our shared 
polar bear population.
    The United States would implement habitat components of the 
proposed U.S.-Russia Agreement through existing provisions of 
the Marine Mammal Protection Act and other Federal statutes. 
Although the U.S.-Russia Agreement is consistent with current 
practice, some legislative amendments and new authorities will 
be necessary to ensure its implementation. We are working with 
other interested federal agencies to identify appropriate 
legislation that will be submitted separately to Congress.
    The proposed U.S.-Russia Agreement will enter into force 30 
days after the date on which the United States and Russia have 
exchanged written notification through diplomatic channels that 
they have completed their respective domestic legal procedures 
necessary to bring the U.S.-Russia Agreement into force. The 
United States will present the U.S. instrument of ratification, 
but will do so only after the necessary legislation is in 
place.
    Enclosed for the information of the Senate is an article-
by-article analysis of the U.S.-Russia Agreement.
    The Department of Interior concurs in my recommendation 
that the U.S.-Russia Agreement be submitted to the Senate for 
advice and consent to its ratification.
    I recommend that the U.S.-Russia Agreement be transmitted 
to the Senate for its early and favorable consideration, and 
for advice and consent to its ratification.
            Respectfully submitted,
                                                   Colin L. Powell.
    Enclosure: As stated.