[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26587]


[[Page Unknown]]

[Federal Register: October 27, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18

 

Development of Permit Regulations for Polar Bear Trophy 
Importation Under the 1994 Amendments to the Marine Mammal Protection 
Act

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent.

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SUMMARY: On April 30, 1994, the Marine Mammal Protection Act (Act) was 
amended to allow the issuance of permits to import sport-hunted 
trophies of polar bears (Ursus maritimus) (excluding internal organs) 
legally taken by the applicant while hunting in Canada, provided 
certain findings have been made by the U.S. Fish and Wildlife Service 
(Service). These permits may also authorize the importation of polar 
bears taken, but not imported, prior to enactment of the Amendments, 
provided certain conditions are met. The Service has received a number 
of inquiries concerning the importation of polar bear trophies. This 
notice provides information on the steps the Service is taking to 
implement this new provision of the Act and the anticipated timeframes. 
The Service is working concurrently on developing permit regulations 
and gathering data to make the legal and scientific findings required 
under section 104(c)(5)(A) of the Act. Applications for the import of 
sport-hunted polar bear trophies will not be accepted until the 
completion of the permit rulemaking process early in 1995. The Service 
will be able to act on applications once it has resolved several 
outstanding questions and is able to make the required scientific 
findings, in consultation with the Marine Mammal Commission (MMC), and 
after notice and opportunity for public comment. In the meantime, a 
list of interested parties has been established to receive all relevant 
information as the process proceeds.

DATES: The Service anticipates publishing a proposed rule of permit 
requirements and procedures to import polar bear trophies by November 
1994 for public review and comment. A decision on the proposal is 
expected to be published in early 1995. A notice of proposed rulemaking 
on the scientific findings will be published soon thereafter.

ADDRESSES: To receive copies of the Federal Register notices associated 
with this issue, send your name and address to the U. S. Fish and 
Wildlife Service, Chief, Office of Management Authority, 4401 N. 
Fairfax Drive, room 420(c), Arlington, VA 22203. This information will 
be maintained on a mailing list.

FOR FURTHER INFORMATION CONTACT: Marshall Jones, Chief, Office of 
Management Authority, (703/358-2093) or Margaret Tieger, Acting Chief, 
Branch of Permits, (703/358-2104, extension 5507) at the above address.

SUPPLEMENTARY INFORMATION: Prior to enactment of amendments to the Act 
in 1994, those seeking authority to import polar bear trophies from 
Canada were required to obtain a waiver of the Act's moratorium on 
taking and importing marine mammals. The 1994 Amendments included a 
streamlined procedure for authorizing such imports by permit. Section 
104(c)(5) of the Act sets out a permitting process, as well as the 
specific findings that must be made before permits can be issued to 
import these trophies into the United States. The Service is developing 
proposed regulations that will outline the permit application 
requirements, procedures, issuance criteria, and fee. The law requires 
the Service to establish and charge a reasonable fee for issuing polar 
bear trophy import permits. As specified in the Amendments, all fees 
would be used for polar bear conservation programs being conducted in 
Alaska and Russia. The Service anticipates publishing a proposed rule 
promptly so, after a review of all available data and public comments, 
a decision can be published as early as possible in calendar year 1995.
    The Service is unable to accept applications for the import of 
sport-hunted polar bear trophies until the permit rulemaking process is 
complete in early 1995. Once the Service has received comments on the 
application requirements under the proposed rule, an application form 
will be developed and submitted to the Office of Management and Budget 
for approval under the Paperwork Reduction Act.
    At the same time that the permit rulemaking process is occurring, 
the Service is working with the Canadian wildlife authorities to obtain 
information necessary to make the findings required by section 
104(c)(5)(A) of the Act. Prior to issuing a permit, the Service must 
find that (1) the applicant has provided the necessary documentation to 
show that the polar bear was legally harvested in Canada by the 
applicant; (2) Canada has a monitored and enforced sport-hunting 
program consistent with the purposes of the 1971 International 
Agreement on the Conservation of Polar Bears; (3) Canada's sport-
hunting program is based on scientifically sound quotas ensuring the 
maintenance of the affected population stock at a sustainable level; 
(4) the export and subsequent import are consistent with the provisions 
of the Convention on International Trade in Endangered Species (CITES) 
and other international agreements and conventions; and (5) the export 
and subsequent import are not likely to contribute to illegal trade in 
bear parts.
    The Service is to make these findings after notice and opportunity 
for public comment and in consultation with the MMC, an independent 
Federal agency with statutory authority to make recommendations 
pursuant to Title II of the Act. Several questions have come to the 
attention of the Service. A contract report prepared for the MMC in 
1993 has questioned whether Canada's sport-hunting program is fully 
consistent with Article III of the Agreement. In addition, the 
Amendments require the Service to make the determination of 
sustainability of hunting quotas at the population level, but Canada 
manages polar bears at the subpopulation level. The Service is 
currently pursuing the resolution of these and related questions 
concerning its ability to make the required findings. Once these 
questions have been resolved and the Service is able to make the 
findings outlined above, it will be able to act on applications. The 
Service seeks information regarding each of these five findings.
    While conducting these activities, the Service will need to 
evaluate its actions under the National Environmental Policy Act 
(NEPA), as appropriate.
    By April 30, 1996, the Service is to undertake a scientific review 
of the impact of permits issued on the Canadian polar bear population 
stocks. An opportunity for public comment will be part of this review, 
with the responses included in the final report. Permit issuance can 
continue after September 30, 1996, only if the Service determines, 
based on scientific review, that the issuance of permits is not having 
a significant adverse impact on the polar bear populations stocks in 
Canada.

    Authority: 16 U.S.C. 1361 et seq.

    Dated: October 21, 1994.
George T. Frampton, Jr.,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 94-26587 Filed 10-26-94; 8:45 am]
BILLING CODE 4310-55-P