[House Report 115-735]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-735
======================================================================
POLAR BEAR CONSERVATION AND FAIRNESS ACT
_______
June 12, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 224]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 224) to amend the Marine Mammal Protection Act
of 1972 to allow importation of polar bear trophies taken in
sport hunts in Canada before the date the polar bear was
determined to be a threatened species under the Endangered
Species Act of 1973, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 224 is to amend the Marine Mammal
Protection Act of 1972 to allow importation of polar bear
trophies taken in sport hunts in Canada before the date the
polar bear was determined to be a threatened species under the
Endangered Species Act of 1973.
Background and Need for Legislation
Under the Marine Mammal Protection Act of 1972 (MMPA,
Public Law 92-522), jurisdiction over marine mammals in the
wild is split between the U.S. Fish and Wildlife Service (FWS),
within the Department of the Interior, and the National Marine
Fisheries Service (NMFS), within the Department of Commerce.
FWS has jurisdiction over sea otters, polar bears, manatees,
dugongs and walrus, while NMFS has jurisdiction over all other
marine mammals.
The MMPA has been amended several times, with the last and
most extensive amendments occurring in 1994. The 1994
amendments allowed the importation of polar bear trophies from
Canada. The Secretary of the Interior was authorized to issue a
permit for the importation of polar bear trophies from Canada,
if the following criteria were met:
(1) the applicant provides documents showing the
polar bear was legally harvested in Canada;
(2) Canada has a monitored and enforced sport hunting
program, consistent with the Agreement on the
Conservation of Polar Bears;
(3) Canada's sport program is based on
scientifically-sound quotas that ensure a sustainable
population; and
(4) the exportation and importation of the trophy is
consistent with the provisions of the Convention on the
International Trade in Endangered Species.\1\
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\1\16 U.S.C Chapter 31.
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The Secretary of the Interior was also authorized to charge
a permit fee of up to $1,000 for each trophy import
application.\2\ The collected fees were directed into a fund
for the conservation of polar bears in the United States and
Russia. Since 1994, Canada and FWS have successfully worked
together to ensure that imported polar bear trophies have come
from hunts conducted in a sustainable manner. Canada has
management authority over 13 of the 19 world-wide polar bear
populations.\3\ After reviewing Canada's management actions,
FWS created a list of approved polar bear populations in
Canada. In 2008, six of the 13 Canadian polar bear populations
were considered approved populations and a polar bear trophy
from one of these populations could be imported into the U.S.
after the hunter paid an importation permit fee. According to
FWS, between 1997 and 2008, 969 trophies were taken in Canada
and imported into the U.S., raising $969,000 for the U.S.-
Russia Polar Bear Conservation Fund.\4\
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\2\United States Fish and Wildlife Service, Division of Management
Authority. Importing Your Polar Bear Sport-Hunted Trophy.
\3\P. (2016, June 13). The truth about polar bears. Retrieved from
https://www.canadiangeographic.ca/article/truth-about-polar-bears.
\4\Mimms, S. (2014, February 04). Why Canada Is Still Stuck With
Our Dead Polar Bears. Retrieved from https://www.theatlantic.com/
politics/archive/2014/02/why-canada-is-still-stuck-with-our-dead-polar-
bears/450339/.
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On May 15, 2008, the Secretary of the Interior listed the
world-wide polar bear population as threatened under the
Endangered Species Act of 1973 (ESA, 16 U.S.C. 1531 et seq.).
Threatened and endangered marine mammals are considered
depleted species under the MMPA and the MMPA bans the
importation of depleted species. At the time of the polar bear
threatened listing, there were 41 hunters with legally hunted
polar bear trophies in the permitting process. Legislation is
needed to allow for the importation of these legally-taken
trophies.
H.R. 224 would amend the MMPA to allow the Secretary of the
Interior to issue permits to those eligible hunters with
legally taken polar bear trophies from approved populations
prior to the May 15, 2008, ESA listing. As a result of this
legislation, up to $41,000 would be collected for polar bear
research and conservation.
The language contained in this stand-alone legislation is
also included in H.R. 3668, the Sportsmen's Heritage and
Recreational Enhancement (SHARE) Act, which was favorably
reported by the Committee on September 18, 2017.
Committee Action
H.R. 224 was introduced on January 3, 2017, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands and the Subcommittee on Water, Power and
Oceans. On May 16, 2018, the Natural Resources Committee met to
consider the bill. The Subcommittees were discharged by
unanimous consent. No amendments were offered and the bill was
ordered favorably reported to the House of Representatives by
voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 6, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 224, the Polar
Bear Conservation and Fairness Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 224--Polar Bear Conservation and Fairness Act
H.R. 224 would require the Secretary of the Interior to
issue permits to certain hunters seeking to import polar bear
remains from Canada. Under the bill, only hunters who submit
applications for permits to import remains that were acquired
prior to May 15, 2008, the date the polar bear was listed as a
threatened species under the Endangered Species Act, would be
eligible to receive a permit.
Using information provided by the U.S. Fish and Wildlife
Service, CBO estimates that processing and issuing the roughly
40 permits that would be affected by the bill would have an
insignificant effect on the federal budget. Enacting H.R. 224
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
CBO estimates that enacting H.R. 224 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 224 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Marine Mammal Protection
Act of 1972 to allow importation of polar bear trophies taken
in sport hunts in Canada before the date the polar bear was
determined to be a threatened species under the Endangered
Species Act of 1973.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill contains no directed
rulemakings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
MARINE MAMMAL PROTECTION ACT OF 1972
* * * * * * *
TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS
* * * * * * *
Permits
Sec. 104. (a) The Secretary may issue permits which authorize
the taking or importation of any marine mammal. Permits for the
incidental taking of marine mammals in the course of commercial
fishing operations may only be issued as specifically provided
for in sections 101(a)(5) or 306, or subsection (h) of this
section.
(b) Any permit issued under this section shall--
(1) be consistent with any applicable regulation
established by the Secretary under section 103 of this
title, and
(2) specify
(A) the number and kind of animals which are
authorized to be taken or imported,
(B) the location and manner (which manner
must be determined by the Secretary to be
humane) in which they may be taken, or from
which they may be imported,
(C) the period during which the permit is
valid, and
(D) any other terms or conditions which the
Secretary deems appropriate.
In any case in which an application for a permit cites as a
reason for the proposed taking the overpopulation of a
particular species or population stock, the Secretary shall
first consider whether or not it would be more desirable to
transplant a number of animals (but not to exceed the number
requested for taking in the application) of that species or
stock to a location not then inhabited by such species or stock
but previously inhabited by such species or stock.
(c)(1) Any permit issued by the Secretary which authorizes
the taking or importation of a marine mammal for purposes of
scientific research, public display, or enhancing the survival
or recovery of a species or stock shall specify, in addition to
the conditions required by subsection (b) of this section, the
methods of capture, supervision, care, and transportation which
must be observed pursuant to such taking or importation. Any
person authorized to take or import a marine mammal for
purposes of scientific research, public display, or enhancing
the survival or recovery of a species or stock shall furnish to
the Secretary a report on all activities carried out by him
pursuant to that authority.
(2)(A) A permit may be issued to take or import a
marine mammal for the purpose of public display only to
a person which the Secretary determines--
(i) offers a program for education or
conservation purposes that is based on
professionally recognized standards of the
public display community;
(ii) is registered or holds a license issued
under 7 U.S.C. 2131 et seq.; and
(iii) maintains facilities for the public
display of marine mammals that are open to the
public on a regularly scheduled basis and that
access to such facilities is not limited or
restricted other than by charging of an
admission fee.
(B) A permit under this paragraph shall grant to the
person to which it is issued the right, without
obtaining any additional permit or authorization under
this Act, to--
(i) take, import, purchase, offer to
purchase, possess, or transport the marine
mammal that is the subject of the permit; and
(ii) sell, export, or otherwise transfer
possession of the marine mammal, or offer to
sell, export, or otherwise transfer possession
of the marine mammal--
(I) for the purpose of public
display, to a person that meets the
requirements of clauses (i), (ii), and
(iii) of subparagraph (A);
(II) for the purpose of scientific
research, to a person that meets the
requirements of paragraph (3); or
(III) for the purpose of enhancing
the survival or recovery of a species
or stock, to a person that meets the
requirements of paragraph (4).
(C) A person to which a marine mammal is sold or
exported or to which possession of a marine mammal is
otherwise transferred under the authority of
subparagraph (B) shall have the rights and
responsibilities described in subparagraph (B) with
respect to the marine mammal without obtaining any
additional permit or authorization under this Act. Such
responsibilities shall be limited to--
(i) for the purpose of public display, the
responsibility to meet the requirements of
clauses (i), (ii), and (iii) of subparagraph
(A),
(ii) for the purpose of scientific research,
the responsibility to meet the requirements of
paragraph (3), and
(iii) for the purpose of enhancing the
survival or recovery of a species or stock, the
responsibility to meet the requirements of
paragraph (4).
(D) If the Secretary--
(i) finds in concurrence with the Secretary
of Agriculture, that a person that holds a
permit under this paragraph for a marine
mammal, or a person exercising rights under
subparagraph (C), no longer meets the
requirements of subparagraph (A)(ii) and is not
reasonably likely to meet those requirements in
the near future, or
(ii) finds that a person that holds a permit
under this paragraph for a marine mammal, or a
person exercising rights under subparagraph
(C), no longer meets the requirements of
subparagraph (A) (i) or (iii) and is not
reasonably likely to meet those requirements in
the near future,
the Secretary may revoke the permit in accordance with
section 104(e), seize the marine mammal, or cooperate
with other persons authorized to hold marine mammals
under this Act for disposition of the marine mammal.
The Secretary may recover from the person expenses
incurred by the Secretary for that seizure.
(E) No marine mammal held pursuant to a permit issued
under subparagraph (A), or by a person exercising
rights under subparagraph (C), may be sold, purchased,
exported, or transported unless the Secretary is
notified of such action no later than 15 days before
such action, and such action is for purposes of public
display, scientific research, or enhancing the survival
or recovery of a species or stock. The Secretary may
only require the notification to include the
information required for the inventory established
under paragraph (10).
(3)(A) The Secretary may issue a permit under this
paragraph for scientific research purposes to an
applicant which submits with its permit application
information indicating that the taking is required to
further a bona fide scientific purpose. The Secretary
may issue a permit under this paragraph before the end
of the public review and comment period required under
subsection (d)(2) if delaying issuance of the permit
could result in injury to a species, stock, or
individual, or in loss of unique research
opportunities.
(B) No permit issued for purposes of scientific
research shall authorize the lethal taking of a marine
mammal unless the applicant demonstrates that a
nonlethal method of conducting the research is not
feasible. The Secretary shall not issue a permit for
research which involves the lethal taking of a marine
mammal from a species or stock that is depleted, unless
the Secretary determines that the results of such
research will directly benefit that species or stock,
or that such research fulfills a critically important
research need.
(C) Not later than 120 days after the date of
enactment of the Marine Mammal Protection Act
Amendments of 1994, the Secretary shall issue a general
authorization and implementing regulations allowing
bona fide scientific research that may result only in
taking by Level B harassment of a marine mammal. Such
authorization shall apply to persons which submit, by
60 days before commencement of such research, a letter
of intent via certified mail to the Secretary
containing the following:
(i) The species or stocks of marine mammals
which may be harassed.
(ii) The geographic location of the research.
(iii) The period of time over which the
research will be conducted.
(iv) The purpose of the research, including a
description of how the definition of bona fide
research as established under this Act would
apply.
(v) Methods to be used to conduct the
research.
Not later than 30 days after receipt of a letter of
intent to conduct scientific research under the general
authorization, the Secretary shall issue a letter to
the applicant confirming that the general authorization
applies, or, if the proposed research is likely to
result in the taking (including Level A harassment) of
a marine mammal, shall notify the applicant that
subparagraph (A) applies.
(4)(A) A permit may be issued for enhancing the survival or
recovery of a species or stock only with respect to a species
or stock for which the Secretary, after consultation with the
Marine Mammal Commission and after notice and opportunity for
public comment, has first determined that--
(i) taking or importation is likely to contribute
significantly to maintaining or increasing distribution
or numbers necessary to ensure the survival or recovery
of the species or stock; and
(ii) taking or importation is consistent (I) with any
conservation plan adopted by the Secretary under
section 115(b) of this title or any recovery plan
developed under section 4(f) of the Endangered Species
Act of 1973 for the species or stock, or (II) if there
is no conservation or recovery plan in place, with the
Secretary's evaluation of actions required to enhance
the survival or recovery of the species or stock in
light to the factors that would be addressed in a
conservation plan or a recovery plan.
(B) A permit issued in accordance with this paragraph may
allow the captive maintenance of a marine mammal from a
depleted species or stock only if the Secretary--
(i) determines that captive maintenance is likely to
contribute to the survival or recovery of the species
or stock by maintaining a viable gene pool, increasing
productivity, providing biological information, or
establishing animal reserves;
(ii) determines that the expected benefit to the
affected species or stock outweighs the expected
benefit of alternatives which do not require removal of
animals from the wild; and
(iii) requires that the marine mammal or its progeny
be returned to the natural habitat of the species or
stock as soon as feasible, consistent with the
objectives of any applicable conservation plan or
recovery plan, or of any evaluation by the Secretary
under subparagraph (A).
The Secretary may allow the public display of such a marine
mammal only if the Secretary determines that such display is
incidental to the authorized maintenance and will not interfere
with the attainment of the survival or recovery objectives.
(5)(A) The Secretary may issue a permit for the
importation of polar bear parts (other than internal
organs) taken in sport hunts in Canada to an applicant
which submits with its permit application proof that
the polar bear was legally harvested in Canada by the
applicant. Such a permit shall be issued if the
Secretary, in consultation with the Marine Mammal
Commission and after notice and opportunity for public
comment, finds that--
(i) Canada has a monitored and enforced sport
hunting program consistent with the purposes of
the Agreement on the Conservation of Polar
Bears;
(ii) Canada has a sport hunting program based
on scientifically sound quotas ensuring the
maintenance of the affected population stock at
a sustainable level;
(iii) the export and subsequent import are
consistent with the provisions of the
Convention on International Trade in Endangered
Species of Wild Fauna and Flora and other
international agreements and conventions; and
(iv) the export and subsequent import are not
likely to contribute to illegal trade in bear
parts.
(B) The Secretary shall establish and charge a
reasonable fee for permits issued under this paragraph.
All fees collected under this paragraph shall be
available to the Secretary until expended for use in
developing and implementing cooperative research and
management programs for the conservation of polar bears
in Alaska and Russia pursuant to section 113(d).
(C)(i) The Secretary shall undertake a scientific
review of the impact of permits issued under this
paragraph on the polar bear population stocks in Canada
within 2 years after the date of enactment of this
paragraph. The Secretary shall provide an opportunity
for public comment during the course of such review,
and shall include a response to such public comment in
the final report on such review.
(ii) The Secretary shall not issue permits under this
paragraph after September 30, 1996, if the Secretary
determines, based on the scientific review, that the
issuance of permits under this paragraph is having a
significant adverse impact on the polar bear population
stocks in Canada. The Secretary may review such
determination annually thereafter, in light of the best
scientific information available, and shall complete
the review not later than January 31 in any year a
review is undertaken. The Secretary may issue permits
under this paragraph whenever the Secretary determines,
on the basis of such annual review, that the issuance
of permits under this paragraph is not having a
significant adverse impact on the polar bear population
stocks in Canada.
[(D) The Secretary of the Interior shall, expeditiously after
the expiration of the applicable 30 day period under subsection
(d)(2), issue a permit for the importation of polar bear parts
(other than internal organs) from polar bears taken in sport
hunts in Canada before the date of enactment of the Marine
Mammal Protection Act Amendments of 1994, to each applicant who
submits, with the permit application, proof that the polar bear
was legally harvested in Canada by the applicant. The Secretary
shall issue such permits without regard to the provisions of
subparagraphs (A) and (C)(ii) of this paragraph, subsection
(d)(3) of this section, and sections 101 and 102. This
subparagraph shall not apply to polar bear parts that were
imported before the effective date of this subparagraph.]
(D)(i) The Secretary of the Interior shall,
expeditiously after the expiration of the applicable
30-day period under subsection (d)(2), issue a permit
for the importation of any polar bear part (other than
an internal organ) from a polar bear taken in a sport
hunt in Canada to any person--
(I) who submits, with the permit application,
proof that the polar bear was legally harvested
by the person before February 18, 1997; or
(II) who has submitted, in support of a
permit application submitted before May 15,
2008, proof that the polar bear was legally
harvested by the person before May 15, 2008,
from a polar bear population from which a
sport-hunted trophy could be imported before
that date in accordance with section 18.30(i)
of title 50, Code of Federal Regulations.
(ii) The Secretary shall issue permits under clause
(i)(I) without regard to subparagraphs (A) and (C)(ii)
of this paragraph, subsection (d)(3), and sections 101
and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not
apply to the importation of any polar bear part
authorized by a permit issued under clause (i)(I). This
clause shall not apply to polar bear parts that were
imported before June 12, 1997.
(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B)
and 102(b)(3) shall not apply to the importation of any
polar bear part authorized by a permit issued under
clause (i)(II). This clause shall not apply to polar
bear parts that were imported before the date of
enactment of the Polar Bear Conservation and Fairness
Act.
(6) A permit may be issued for photography for
educational or commercial purposes involving marine
mammals in the wild only to an applicant which submits
with its permit application information indicating that
the taking will be limited to Level B harassment, and
the manner in which the products of such activities
will be made available to the public.
(7) Upon request by a person for a permit under
paragraph (2), (3), or (4) for a marine mammal which is
in the possession of any person authorized to possess
it under this Act and which is determined under
guidance under section 402(a) not to be releasable to
the wild, the Secretary shall issue the permit to the
person requesting the permit if that person--
(A) meets the requirements of clauses (i),
(ii), and (iii) of paragraph (2)(A), in the
case of a request for a permit under paragraph
(2);
(B) meets the requirements of paragraph (3),
in the case of a request for a permit under
that paragraph; or
(C) meets the requirements of paragraph (4),
in the case of a request for a permit under
that paragraph.
(8)(A) No additional permit or authorization shall be
required to possess, sell, purchase, transport, export,
or offer to sell or purchase the progeny of marine
mammals taken or imported under this subsection, if
such possession, sale, purchase, transport, export, or
offer to sell or purchase is--
(i) for the purpose of public display, and by
or to, respectively, a person which meets the
requirements of clauses (i), (ii), and (iii) of
paragraph (2)(A);
(ii) for the purpose of scientific research,
and by or to, respectively, a person which
meets the requirements of paragraph (3); or
(iii) for the purpose of enhancing the
survival or recovery of a species or stock, and
by or to, respectively, a person which meets
the requirements of paragraph (4).
(B)(i) A person which has a permit under paragraph
(2), or a person exercising rights under paragraph
(2)(C), which has possession of a marine mammal that
gives birth to progeny shall--
(I) notify the Secretary of the birth of such
progeny within 30 days after the date of birth;
and
(II) notify the Secretary of the sale,
purchase, or transport of such progeny no later
than 15 days before such action.
(ii) The Secretary may only require notification
under clause (i) to include the information required
for the inventory established under paragraph (10).
(C) Any progeny of a marine mammal born in captivity
before the date of the enactment of the Marine Mammal
Protection Act Amendments of 1994 and held in captivity
for the purpose of public display shall be treated as
though born after that date of enactment.
(9) No marine mammal may be exported for the purpose
of public display, scientific research, or enhancing
the survival or recovery of a species or stock unless
the receiving facility meets standards that are
comparable to the requirements that a person must meet
to receive a permit under this subsection for that
purpose.
(10) The Secretary shall establish and maintain an
inventory of all marine mammals possessed pursuant to
permits issued under paragraph (2)(A), by persons
exercising rights under paragraph (2)(C), and all
progeny of such marine mammals. The inventory shall
contain, for each marine mammal, only the following
information which shall be provided by a person holding
a marine mammal under this Act:
(A) The name of the marine mammal or other
identification.
(B) The sex of the marine mammal.
(C) The estimated or actual birth date of the
marine mammal.
(D) The date of acquisition or disposition of
the marine mammal by the permit holder.
(E) The source from whom the marine mammal
was acquired including the location of the take
from the wild, if applicable.
(F) If the marine mammal is transferred, the
name of the recipient.
(G) A notation if the animal was acquired as
the result of a stranding.
(H) The date of death of the marine mammal
and the cause of death when determined.
(d)(1) The Secretary shall prescribe such procedures as are
necessary to carry out this section, including the form and
manner in which application for permits may be made.
(2) The Secretary shall publish notice in the Federal
Register of each application made for a permit under this
section. Such notice shall invite the submission from
interested parties, within thirty days after the date of the
notice, of written data or views, with respect to the taking or
importation proposed in such application.
(3) The applicant for any permit under this section must
demonstrate to the Secretary that the taking or importation of
any marine mammal under such permit will be consistent with the
purposes of this Act and the applicable regulations established
under section 103 of this title.
(4) If within thirty days after the date of publication of
notice pursuant to paragraph (2) of this subsection with
respect to any application for a permit any interested party or
parties request a hearing in connection therewith, the
Secretary may, within sixty days following such date of
publication, afford to such party or parties an opportunity for
such a hearing.
(5) As soon as practicable (but not later than thirty days)
after the close of the hearing or, if no hearing is held, after
the last day on which data, or views, may be submitted pursuant
to paragraph (2) of this subsection, the Secretary shall (A)
issue a permit containing such terms and conditions as he deems
appropriate, or (B) shall deny issuance of a permit. Notice of
the decision of the Secretary to issue or to deny any permit
under this paragraph must be published in the Federal Register
within ten days after the date of issuance or denial.
(6) Any applicant for a permit, or any party opposed to such
permit, may obtain judicial review of the terms and conditions
of any permit issued by the Secretary under this section or of
his refusal to issue such a permit. Such review, which shall be
pursuant to chapter 7 of Title 5, United States Code, may be
initiated by filing a petition for review in the United States
district court for the district wherein the applicant for a
permit resides, or has his principal place of business, or in
the United States District Court for the District of Columbia,
within sixty days after the date on which such permit is issued
or denied.
(e)(1) The Secretary may modify, suspend, or revoke in whole
or part any permit issued by him under this section--
(A) in order to make any such permit consistent with
any change made after the date of issuance of such
permit with respect to any applicable regulation
prescribed under section 103 of this title,
(B) in any case in which a violation of the terms and
conditions of the permit is found, or
(C) if, in the case of a permit under subsection
(c)(5) authorizing importation of polar bear parts, the
Secretary, in consultation with the appropriate
authority in Canada, determines that the sustainability
of Canada's polar bear population stocks are being
adversely affected or that sport hunting may be having
a detrimental effect on maintaining polar bear
population stocks throughout their range.
(2) Whenever the Secretary shall propose any modification,
suspension, or revocation of a permit under this subsection,
the permittee shall be afforded opportunity, after due notice,
for a hearing by the Secretary with respect to such proposed
modification, suspension, or revocation. Such proposed action
by the Secretary shall not take effect until a decision is
issued by him after such hearing. Any action taken by the
Secretary after such a hearing is subject to judicial review on
the same basis as is any action taken by him with respect to a
permit application under paragraph (5) of subsection (d) of
this section.
(3) Notice of the modification, suspension, or revocation of
any permit by the Secretary shall be published in the Federal
Register within ten days from the date of the Secretary's
decision.
(f) Any permit issued under this section must be in the
possession of the person to whom it is issued (or an agent of
such person) during--
(1) the time of the authorized or taking importation;
(2) the period of any transit of such person or agent
which is incident to such taking or importation; and
(3) any other time while any marine mammal taken or
imported under such permit is in the possession of such
person or agent.
A duplicate copy of the issued permit must be physically
attached to the container, package, enclosure, or other means
of containment, in which the marine mammal is placed for
purposes of storage, transit, supervision, or care.
(g) The Secretary shall establish and charge a reasonable fee
for permits issued under this section.
(h) General Permits.--
(1) Consistent with the regulations prescribed
pursuant to section 103 of this title and to the
requirements of section 101 of this title, the
Secretary may issue an annual permit to a United States
purse seine fishing vessel for the taking of such
marine mammals, and shall issue regulations to cover
the use of any such annual permits.
(2) Such annual permits for the incidental taking of
marine mammals in the course of commercial purse seine
fishing for yellowfin tuna in the eastern tropical
Pacific Ocean shall be governed by section 306 of this
Act, subject to the regulations issued pursuant to
section 303 of this Act.
* * * * * * *
DISSENTING VIEWS
H.R. 224 directs the Department of Interior to issue
permits for the importation of a polar bear part from a bear
taken in a sport hunt in Canada to any permit applicant who has
submitted proof that the polar bear was legally harvested by
the applicant before the polar bear was listed as a threatened
species under the Endangered Species Act (ESA).
Prior to the polar bear being listed under the ESA,
Congress amended the Marine Mammal Protection Act (MMPA) to
allow polar bear parts taken in sport hunts in Canada to be
imported into the United States under certain circumstances.
However, once the species was listed as threatened under the
ESA in 2008, the species automatically obtained a ``depleted''
status under the MMPA. This designation allowed for increased
protections, meaning the species can no longer be imported into
the United States, unless the importation is likely to enhance
the species' survival. The Marine Mammal Commissions determined
that enhancement permits are not warranted for the polar bear.
There were approximately 40 polar bears that were killed
immediately prior to the ESA listing in 2008. The individuals
that killed these bears submitted their permit applications but
had not received approval before the listing went into effect
in 2008. These individuals believe that they complied with all
the requirements of the law for importing trophies, and
therefore should not be penalized. However, the trophy hunting
community was aware that the ESA listing would take place for
more than 16 months prior to its effective date, and trophy
hunters were repeatedly warned by federal agencies and hunting
associations that the final listing would cut off imports
immediately.
In addition, H.R. 224 would allow trophy hunters who submit
a new permit application and proof that a polar bear was
legally harvested by the person before February 18, 1997 to
import polar bears into the United States. It is unclear how
many polar bear trophies could be imported into the United
States under this exemption. In 2003, Congress amended the MMPA
to expand the period for allowing grandfathered polar bear
trophy imports and allow the U.S. Fish and Wildlife Service to
accept applications from hunters for permits to import polar
bear trophies legally taken prior to February 18, 1997 from
Nunavut or Northwest Territories, Canada. Prior to the 2003
amendment, polar bear trophies from deferred populations could
only be imported if taken prior to April 30, 1994. All polar
bear trophy imports taken after February 18, 1997 were required
to come from approved populations.
We are concerned that H.R. 224 would undermine the general
application of the prohibition on importation of any
``depleted'' animal under the MMPA and would establish a
precedent and provide an incentive for other trophy hunters to
seek similar exemptions for other prospective hunts.
Furthermore, on June 18, 2013, the U.S. Court of Appeals for
the D.C. Circuit ruled against allowing hunters to import
animals from the Canadian Arctic that were killed prior to the
ESA designation, saying that the Marine Mammal Protection Act
protects animals that were killed before additional protections
were granted. For these reasons, we cannot support the bill.
Raul M. Grijalva,
Ranking Member,
House Committee on Natural
Resources.
Nydia M. Velazquez.
[all]