[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Rules and Regulations]
[Pages 1901-1907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-656]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18

RIN 1018-AH72


Import of Polar Bear Trophies From Canada: Change in the Finding 
for the M'Clintock Channel Population and Revision of Regulations in 50 
CFR 18.30

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Emergency interim rule with request for comments.

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SUMMARY: We, the Fish and Wildlife Service, are amending our 
regulations, under the Marine Mammal Protection Act (MMPA), on the 
import of polar bears (Ursus maritimus) taken by U.S. hunters in sport 
hunts from M'Clintock Channel, Nunavut Territory, Canada. We have 
reviewed new information submitted by the Department of Environment 
Canada (Canadian Wildlife Service) which indicates that this population 
is severely depleted and current harvest quotas are unsustainable. We 
find that the M'Clintock Channel population no longer meets the import 
requirements of the MMPA and are amending our regulations to reflect 
that bears sport hunted in this population after the 1999/2000 Canadian 
hunting season will no longer be eligible for import under the 1997 
finding which approved this population for multiple harvest seasons. 
Due to the dramatic change in population status, we are using this 
emergency interim rule to make the changes to our regulations effective 
immediately. In addition, we are updating our regulations to reflect 
the new territory of Nunavut and to notify the public on the lifting by 
Canada of the harvest moratorium in the Viscount Melville Sound polar 
bear population.

[[Page 1902]]

We invite your comments on this interim rule.

DATES: This rule is effective on January 10, 2001. We will accept 
comments on this rule until March 12, 2001.

ADDRESSES: If you wish to comment, you may submit your comments by any 
one of several methods. You may mail comments to Ms. Teiko Saito, 
Chief, Division of Management Authority, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203. 
You may also comment via the Internet to: [email protected]. Please 
include ``Attn: Part 18 Comments (RIN 1018-AH72)'' and include your 
name and return address in your e-mail message. Materials received will 
be available for public inspection by appointment from 7:45 a.m. to 
4:15 p.m., Monday through Friday, at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Teiko Saito, at the above address, 
telephone (703) 358-2093, fax (703) 358-2280.

SUPPLEMENTARY INFORMATION:

Background

    The 1994 Amendments to the MMPA (section 104(c)(5)(A)) allow for 
the issuance of permits to import sport-hunted polar bear trophies from 
Canada when we can make certain legal and biological findings. On 
February 18, 1997, we published regulations in the Federal Register (62 
FR 7302) that established standards for the issuance of permits to 
allow the import of sport-hunted polar bear trophies (50 CFR Part 
18.30). It made aggregate findings applicable for multiple harvest 
seasons for five populations, including M'Clintock Channel, as follows: 
(a) Canada has a sport-hunting program that allows us to determine 
before import that each polar bear was legally taken; (b) Canada has a 
monitored and enforced program that is consistent with the purposes of 
the 1973 International Agreement on the Conservation of Polar Bears; 
(c) Canada has a sport-hunting program that is based on scientifically 
sound quotas ensuring the maintenance of the affected population stock 
at a sustainable level for certain populations; and (d) the export of 
sport-hunted trophies from Canada and their subsequent import into the 
United States would be consistent with CITES and would not likely 
contribute to illegal trade of bear parts. A subsequent final rule on 
January 11, 1999 (64 FR 1529), made aggregate findings that approved 
two additional populations.
    In Canada, management of polar bears has been delegated to the 
Provinces and Territories. However, the Canadian Wildlife Service, 
Canada's national wildlife agency, maintains an active research program 
and is involved in the management of populations that are shared 
between jurisdictions, particularly between Canada and other nations. 
In addition, Native Land Claims have resulted in Co-Management Boards 
for most of Canada's polar bear populations. The Federal/Provincial/
Territorial Polar Bear Technical Committee (PBTC) and Polar Bear 
Administrative Committee meet annually to ensure a coordinated 
management process between these parties.
    The basis of the Government of Northwest Territories (GNWT) and 
Government of Nunavut (GNUN) polar bear management program is that the 
human-caused killing of polar bears (e.g., harvest, defense, or 
incidental) must remain within the sustainable yield, with the 
anticipation of slow growth for any population. The program has several 
components including: (a) Use of scientific studies to determine and 
monitor changes in population size and establish population boundaries; 
(b) involvement of the resource users and incorporation of traditional 
knowledge to enrich and complement scientific studies; (c) harvest data 
collection and a license tracking system; and (d) enforcement measures 
through regulations and management agreements.
    Regulations and management agreements between the GNWT, GNUN, and 
Native land claim beneficiaries provide the rules for polar bear 
harvest in the Northwest Territories (NWT) and Nunavut. Sport hunting 
of polar bears is presently legal only in NWT and Nunavut and includes 
additional requirements. All sport hunts must be conducted under 
Canadian jurisdiction and guided by a Native hunter. In addition, 
transportation during the hunt must be by dog sled, the tags must come 
from the community quota, and quota tags from unsuccessful sport hunts 
may not be used again. All bears taken by sport hunters must be 
accounted for within existing quota tags. Not all communities 
participate in sport hunting as it reduces hunting opportunities for 
local hunters. You should refer to the February 18, 1997 (62 FR 7302), 
and January 11, 1999 (64 FR 1529), rules for more extensive information 
on Canada's polar bear management program.

What Is the Status of the M'Clintock Channel Polar Bear Population?

    As described in our February 18, 1997 (62 FR 7302) final rule, in 
the mid-1970s, Canada estimated the M'Clintock Channel population to be 
900 polar bears based on a 6-year mark-recapture population study. 
Subsequently, local hunters advised that 700 might be a more accurate 
estimate. However, we note that new information submitted to us by 
Canada indicates the 1978 population inventory estimate was 350 bears 
and that it was revised upward to 700 based on the belief that the 
initial estimate was too low. Under a Local Management Agreement 
between Inuit communities that share this population, the harvest quota 
for this area was revised to levels expected to achieve slow growth 
based on the population estimate of 700 polar bears. Although Canada 
considered the population estimate information as poor, we approved 
this population since Canada, in conjunction with the local 
communities, agreed to the reduction (from 900 to 700) in the 
population estimate, hunting had been at a 2 male to 1 female sex ratio 
for several years, and there was a management agreement in place.
    Canada initiated a new study of the polar bear population in 
M'Clintock Channel in 1998 to assess the population size currently 
being used to calculate harvest quotas. At the 2000 PBTC meeting, the 
GNUN presented preliminary results of the mark-recapture analysis based 
on data collected during 1998 and 1999. Although cautioning that the 
results were incomplete, the polar bear managers estimated that the 
newly revised population size for the M'Clintock Channel population was 
between 360 and 390 bears, considerably lower than the previous 
estimate of 700. The GNUN considered the reliability of the new 
estimate ``poor;'' and noted that a more accurate estimate was to be 
calculated following the end of the 3-year mark-recapture study.
    Following the end of the study in 2000, the GNUN provided us with 
preliminary results based on data collected in 1998, 1999, and 2000. 
The recalculated population estimate of polar bears in M'Clintock 
Channel is between 238 and 399 bears, with 288 as the best estimate. 
Based on this updated estimate, the GNUN recalculated the maximum 
sustainable harvest that would sustain the population at its current 
level, with no population growth, at 8 bears per year (4 males and 4 
females). The current quota is 32 bears (22 males and 10 females). The 
GNUN is currently reconstructing age data from polar bear teeth that 
will be used to calculate survival estimates which is expected to 
result in a more accurate population estimate. The analyses are

[[Page 1903]]

expected to be completed by the beginning of 2001 and presented at the 
PBTC Meeting in February 2001.
    The GNUN indicates that at the current rate of harvest, the 
population is declining and would be reduced to zero in 10 years. With 
no harvest, the population would increase at only 4 percent annually. 
Thus, recovery of this population will be slow and each year of over-
harvest will delay recovery time by a minimum of 2 years. The GNUN will 
be evaluating future management goals for this population such as 
identifying a target population recovery level.
    Canada has made no adjustment to quotas to reflect the new 
population information since polar bears are co-managed with local 
communities through agreements and any modification requires community 
consultation. Discussions with local communities to develop the best 
plan of action were recently completed. Community consultation is 
expected to result in a change in quotas. The GNUN anticipates that 
conservation measures will be implemented before further significant 
harvest in the population occurs. Although the hunting season in 
M'Clintock Channel opened August 1, 2000, except for defense kills, no 
harvest is expected to occur before February 2001. Sport hunts are 
typically conducted in the spring, between March and May. The hunting 
season is limited by factors such as the lack of sea ice, the number of 
daylight hours, and winter weather conditions.
    Table 1 summarizes the polar bear harvest in the M'Clintock Channel 
population during the 1989/1990 to 1998/1999 harvest seasons. Sport 
harvest in M'Clintock Channel began in 1991 with no sport hunts 
conducted from 1992 through 1994. A total of 266 bears were harvested 
over the past ten years, ranging from an annual harvest of 17 to 37 
bears. Of these bears, 52 (47 male, 4 female, 1 unknown) were sport 
hunted. As of December 31, 1999, a total of 48 import permits, 
including 3 pre-Amendment bears, had been issued for bears sport hunted 
from this population by U.S. citizens. Since the MMPA was amended in 
1994 to allow for the import of certain sport-hunted trophies, the 
number of bears taken in sport hunts in M'Clintock Channel as a 
percentage of the total annual harvest has ranged from a low of 29 
percent (1994/1995) to a high of 57 percent (1996/1997), and decreased 
to 41 percent in 1998/1999. The total harvest of polar bears for all 
purposes did not exceed the annual quota nor did sport hunting increase 
the number of bears taken annually over the past 10 years.

                                                   Table 1.--Polar Bear Harvest in M'Clintock Channel
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Regular                  Sport              Problem          Other                   Total
                 Season                  ---------------------------------------------------------------------------------------------------------------
                                             M       F       U       M       F       U       M       F       M       F       M       F       U       T
--------------------------------------------------------------------------------------------------------------------------------------------------------
1989/90.................................      20      17                                                                      20      17       0      37
1990/91.................................      12      15       1               1       1       2                              14      16       2      32
1991/92.................................      24      14                                                                      24      14       0      38
1992/93.................................      11       8                                       1                              12       8       0      20
1993/94.................................      15       6                                               1                      15       7       0      22
1994/95.................................       5       3               5                                       1       3      11       6       0      17
1995/96.................................      11       7               8                                                      19       7       0      26
1996/97.................................       6       6              15       1                                              21       7       0      28
1997/98.................................       6       6              11       1                                              17       7       0      24
1998/99.................................       9       4               8       1                                              17       5       0      22
    Total...............................     119      86       1      47       4       1       3       1       1       3     170      94       2    266
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regular = Community subsistence hunt
Sport = Must be guided by Native hunter, part of community quota
M = male; F = female; U = unsexed; T = total

    The GNUN estimates that females comprise 65 percent of the current 
sex ratio of the adult (age 3+) population in M'Clintock Channel. This 
suggests that the number of adult males has been reduced, so that any 
continuing harvest will likely be increasingly composed of adult 
females. Protection of the female component of the population was an 
important consideration in developing sustainable harvest limits. Any 
additional take of females will further prolong the recovery time for 
this population.

How Does the Change in the Finding for the M'Clintock Channel 
Population Affect me?

    We are amending our import regulations to reflect that bears sport 
hunted in the M'Clintock Channel population after May 31, 2000, the 
close of the 1999/2000 Canadian hunting season, will no longer be 
eligible for import under the 1997 finding which approved this 
population for multiple harvest seasons. Any person who hunts in the 
M'Clintock Channel population after this date is taking a risk that he 
or she may never be able to legally import the polar bear trophy into 
the United States.

Why Are We Using an Emergency Interim Rule to Amend our Regulations 
for the M'Clintock Channel Polar Bear Population?

    The Canadian Wildlife Service has provided us with new information 
for the M'Clintock Channel polar bear population which indicates that 
the population is severely depleted and current harvest quotas are 
unsustainable. The MMPA requires us to review the best scientific 
information available; if we receive substantial new information on a 
population, we must review it and make a new finding as to whether to 
continue to approve the population. The new information for the 
M'Clintock Channel population reveals that scientifically sound quotas 
ensuring the maintenance of the population at a sustainable level are 
not in place and that terms of the 1973 International Agreement on the 
Conservation of Polar Bears, that requires the Parties to ``manage 
polar bear populations in accordance with sound conservation practices 
based on the best available scientific data'' are not being met. The 
report also indicates that, even with remedial steps, the population 
will not likely recover for some time. Due to the dramatic change in 
population status, we are using an emergency interim rule to make the 
changes to our regulations effective immediately.
    Under the Administrative Procedure Act (5 U.S.C. 551-553), our 
normal practice is to publish regulations with a 30-day delay in 
effective date. But in

[[Page 1904]]

this case, we are using the ``good cause'' exemption under 5 U.S.C. 
553(b) and (d)(3) to issue this rule without first invoking the usual 
notice and public comment procedure and to make this rule effective 
upon publication for the following reasons: (1) Official information 
submitted by the government of Canada shows that the M'Clintock Channel 
population no longer meets the import requirements of the MMPA, (2) as 
a matter of fairness to the regulated community it is necessary to put 
the public on notice immediately that bears sport hunted in the 
M'Clintock Channel population after May 31, 2000, the end of the 1999/
2000 Canadian hunting season, will no longer be eligible for import 
under the finding which approved this population for multiple harvest 
seasons, and (3) it would be contrary to the public interest to 
maintain regulatory findings that purport to allow the importation of 
these polar bear trophies when those findings are no longer consistent 
with the MMPA.

What Happens Next?

    After the 60-day comment period closes, we will consider all 
comments received, determine whether the emergency interim rule should 
be modified, and publish a final rule in the Federal Register. The 
final rule will include a discussion of any comments we receive and any 
amendments we are making to the rule as a result of the comments.

Why Are we Revising our Regulations To Include Nunavut Territory?

    Besides restricting the importation of polar bears from the 
M'Clintock Channel population, we are updating our regulations at 50 
CFR 18.30 to reflect that sport hunting of polar bears is legal in both 
the NWT and Nunavut Territory and that approved populations may now 
fall under either the GNWT and/or GNUN jurisdiction. Since the 
publication of the February 18, 1997 (62 FR 7302), and January 11, 1999 
(64 FR 1529), final rules, the Nunavut Territory, formerly part of the 
NWT, officially joined the Federation of Canada on April 1, 1999. Prior 
to this, legal sport hunting of polar bears in Canada took place only 
in the NWT; now the majority of polar bear populations lie within or 
are shared with Nunavut. All GNWT legislative laws and agreements 
(including the polar bear management agreements) in place still stand 
in Nunavut. Inter-jurisdictional management agreements are being 
drafted or revised to reflect the change in government. Management 
agreements between participating communities and the GNWT and/or the 
GNUN (formerly part of GNWT), are still in effect for the approved 
polar bear populations as described in the February 18, 1997, and 
January 11, 1999, rulemakings. Management of polar bear populations now 
fall under the Department of Resources, Wildlife, and Economic 
Development (formerly the Department of Renewable Resources), GNWT, 
and/or the Department of Sustainable Development, GNUN.

What Recent Management Changes Has Canada Made for the Viscount 
Melville Sound Population?

    Canada lifted its five-year harvest moratorium in the Viscount 
Melville Sound population effective August 1, 1999. This population was 
added to the list of populations approved for the import of sport-
hunted polar bear trophies in our February 18, 1997 (62 FR 7302), 
rulemaking, subject to the lifting of the harvest moratorium. The GNUN/
GNWT set the 1999/2000 annual harvest quota at four bears, with one 
female take allowed. We have received preliminary data on this 
population and will continue to coordinate with Canada on monitoring 
its status.

Public Comments Invited

    We invite comments on this interim rule from affected or concerned 
government agencies, the public, the scientific community, industry, 
environmental organizations, and any other interested party. We will 
consider all comments submitted to us by the deadline indicated above 
in DATES.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during normal 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. If you wish us to withhold your name and/
or address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

Required Determinations

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action. The Office of Management and 
Budget (OMB) makes the final determination under Executive Order 12866.
    This rule will not have an annual economic effect of $100 million 
or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A cost-benefit and economic 
analysis is not required. The economic effects of this rule will impact 
a relatively small number of U.S. sport hunters. Since the trophies are 
for personal use and may not be sold in the United States, there are no 
expected market, price, or competitive effects adverse to U.S. business 
interests, or to any small entity. Some incidental economic benefits 
received by the sports-hunting travel/airline, taxidermist, and sport-
hunting industries are expected to remain unchanged by this interim 
rule. If an estimated 10 U.S. citizens hunted a polar bear in 
M'Clintock Channel, Canada each year at a total cost of $21,000 (US) 
for each hunt, then $210,000 would be expected to be spent, mostly in 
Canada. Because the small number of U.S. hunters that hunt for polar 
bears in M'Clintock Channel, Canada, are the only group affected by 
this rule, the fact that no commercial activity in bear products is 
involved, and the effect of such hunts for U.S. outfitters and 
transportation services is likely to be small, this interim rule is not 
expected to be a major rule and will not have a significant economic 
effect.
    Although we are amending our import regulations to reflect that 
bears sport hunted in the M'Clintock Channel population after the close 
of the 1999/2000 Canadian hunting season will no longer be eligible for 
import under the 1997 finding which approved this population for 
multiple harvest seasons, there are 6 other populations, including 
Viscount Melville Sound, from which U.S. sport hunters will continue to 
be able to import legally hunted bears. Thus, we expect there will be 
no substantial loss to U.S. hunters. The revision of our regulations at 
50 CFR 18.30 to include the new territory of Nunavut will have no 
economic effect as we are simply updating our regulations to reflect 
that populations approved for the import of sport-hunted polar bear 
trophies may now fall under either GNWT and/or GNUN jurisdiction.
    b. This rule will not create inconsistencies with other agencies' 
actions. Since 1972, responsibility for implementing the MMPA has been 
split between two federal agencies. Acting on behalf of the Secretary, 
Department of the Interior, we have been delegated the MMPA authority 
for several species of marine mammals, including the polar bear. The 
National Marine Fisheries Service (NMFS) implements the MMPA authority 
of the Secretary, Department

[[Page 1905]]

of Commerce for whales, dolphins, and most pinnipeds (i.e., seals and 
sea lions). Currently, there are no special provisions in the MMPA for 
import of sport-hunted marine mammal species other than polar bear. 
Since the only federal agencies with authority for marine mammals are 
the NMFS and us, and the NMFS has not been delegated MMPA authority for 
this species and does not have any comparable action for other marine 
mammal species, this rule will not create inconsistencies with that 
agency's actions.
    c. This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
The groups most affected by this rule are the relatively small number 
of U.S. sport hunters who would have chosen to hunt polar bear in the 
M'Clintock Channel population in Canada, and a comparatively small 
number of U.S. outfitters, taxidermists, and personnel who provide 
transportation services for travel from the United States to Canada. 
The revision of our regulations at 50 CFR 18.30 to include the new 
territory of Nunavut will have no effect as we are merely updating our 
regulations to reflect that populations approved for the import of 
sport-hunted polar bear trophies may now fall under either Government 
of Northwest Territories and/or Government of Nunavut jurisdiction. 
Similarly, the announcement of the lifting by Canada of a harvest 
moratorium in the Viscount Melville Sound population will also have no 
effect as this population was previously added to the list of 
populations approved for the import of sport-hunted polar bear trophies 
in our February 18, 1997 (62 FR 7302), rulemaking, subject to the 
lifting of the harvest moratorium.
    d. This rule will not raise novel legal or policy issues. This 
interim rule is limited to the Service's review of new information 
obtained from Canada on one polar bear population previously approved 
for issuance of permits to import polar bear trophies personally sport 
hunted by U.S. residents. Under section 104(c)(5)(A) of the MMPA, 
before issuing a permit for the import of a polar bear trophy, we must 
make certain legal and scientific findings. In a previous rule 
published in 1997 [62 FR 7302], we put the public on notice that if we 
receive substantial new information on a population, we would review it 
and make a new finding, if necessary, after consideration of public 
comment. After reviewing the new information, we find that the 
M'Clintock Channel population no longer meets the import requirements 
of the MMPA. Due to the dramatic change in population status, we are 
using an emergency interim rule to make the changes to our regulations 
effective immediately. At the same time, we are soliciting comments and 
will consider those comments in issuing a final rule. The revision of 
our regulations at 50 CFR 18.30 to include the new territory of Nunavut 
will also not raise novel legal or policy issues as we are merely 
updating our regulations to reflect that populations approved for the 
import of sport-hunted polar bear trophies may now fall under either 
GNWT and/or GNUN jurisdiction. Similarly, we are merely announcing 
Canada's lifting of the harvest moratorium in the Viscount Melville 
Sound population, a population we previously added to the list of 
populations approved for the import of sport-hunted polar bear trophies 
in our February 18, 1997 (62 FR 7302), rulemaking, subject to the 
lifting of the harvest moratorium.
    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). An initial Regulatory Flexibility Analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required. Based 
upon its analysis of the factors identified above, we have determined 
that no individual industries within the United States will be 
significantly affected and no changes in the demography of populations 
are anticipated. This rule involves the importation of polar bear 
trophies for personal, non-commercial use only, and therefore will have 
no effect on the commercial fur trade market. Polar bear sport hunting 
is not allowed within the United States. Therefore, sport hunting of 
polar bears in Canada can have no effect on polar bear sport hunts in 
the United States since such hunts are currently prohibited. For these 
reasons, and those described under the EO 12866 required determination 
above, we have, therefore, determined that the rule will not have a 
significant economic effect on a substantial number of small entities 
as defined in the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., and 
have determined that a small entity flexibility analysis study is not 
necessary.
    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. The economic effects of this rule will impact a relatively small 
number of U.S. sport hunters. A total of 50 polar bears have been taken 
in sport hunts from the M'Clintock Channel between 1995 and 1999 with a 
range of 5 to 16 bears taken per year; approximately 74% of sport 
hunters are U.S. citizens. The announcement of the lifting by Canada of 
a harvest moratorium in the Viscount Melville Sound population will 
have no economic effect as this population was previously added to the 
list of populations approved for the import of sport-hunted polar bear 
trophies in our February 18, 1997 (62 FR 7302), rulemaking, subject to 
the lifting of the harvest moratorium. Since the trophies are for 
personal use and may not be sold in the United States, there are no 
expected market, price, or competitive effects adverse to U.S. business 
interests, or to any small entity. The revision of our regulations to 
include the new territory of Nunavut will have no economic effect as we 
are merely updating our regulations to reflect the change in government 
jurisdiction for populations approved for the import of sport-hunted 
polar bear trophies.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The importation of polar bear trophies 
is for personal, non-commercial use only. The small benefits gained by 
U.S. outfitters and transportation services as U.S. hunters travel to 
Canada will most likely remain unchanged as most sport hunters will 
simply redirect their hunting efforts from the M'Clintock Channel to 
one of the 6 other approved populations. The revision of our 
regulations to include the new territory of Nunavut will have no effect 
as we are merely updating our regulations to reflect a change in 
government jurisdiction.
    This rule will not have substantial direct effects on the States, 
in their relationship between the Federal Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. The 
groups most affected by this rule are the extremely small number of 
U.S. sport hunters who would have chosen to hunt polar bear in 
M'Clintock Channel, Canada, and a small number of U.S. outfitters, 
taxidermists, and personnel who provide transportation services for 
travel from the United States to Canada. The importation of legally 
taken sport trophies is still approved for 6 other populations from

[[Page 1906]]

Canada, including Viscount Melville Sound, and it is anticipated that 
most sport hunters will simply redirect their hunting efforts to one of 
the 6 other populations. The revision of our regulations to include the 
new territory of Nunavut will have no effect as we are merely updating 
our regulations to reflect a change in government jurisdiction.
    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501, 
et seq.):
    a. This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. This rule 
is limited to our review of new information obtained from Canada on one 
polar bear population that we previously approved for issuance of 
permits to import polar bear trophies personally sport hunted by U.S. 
residents. We are revising our regulations to include the new territory 
of Nunavut merely to reflect a change in government jurisdiction.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.
    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. We have determined that the rule has no potential takings 
of private property implications as defined by Executive Order 12630, 
for the reasons described under the EO 12866 required determination 
above.
    This rule will place the hunting community on immediate notice that 
our 1997 finding that approved the M'Clintock Channel population for 
multiple harvest seasons is no longer in effect after May 31, 2000, the 
end of the 1999/2000 Canadian hunting season. If hunters nonetheless 
proceed to take polar bears from this population after the emergency 
rule is published, they do so with full notice that the M'Clintock 
Channel population no longer meets the eligibility criteria set out in 
the MMPA for the issuance of import permits.
    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not required 
since the rule is limited to the importation of personal sport-hunted 
polar bear trophies for personal (non-commercial) use, only by the 
person who sport hunted the trophy.
    This rule will not have substantial direct effects on the States, 
in their relationship between the Federal Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. This interim rule is limited to our review of new 
information obtained from Canada on one polar bear population 
previously approved for issuance of permits to import polar bear 
trophies personally sport hunted by U.S. residents. Under section 
104(c)(5)(A) of the MMPA, before issuing a permit for the import of a 
polar bear trophy, the Service must make certain legal and scientific 
findings. In a previous rule published in 1997 [62 FR 7302], the 
Service told the public that the findings that approved populations as 
published in the CFR are aggregate findings applicable in subsequent 
years. However, it also put the public on notice that if we receive 
substantial new information on a population, we would review it and 
make a new finding after consideration of public comment. After 
reviewing the new information, we find that M'Clintock Channel no 
longer meets the import requirements of the MMPA and are amending our 
regulations to reflect that bears sport hunted in this population after 
May 31, 2000, the close of the 1999/2000 Canadian hunting season, will 
no longer be eligible for import under the 1997 finding which approved 
this population for multiple harvest seasons. Due to the dramatic 
change in population status, we are using an emergency interim rule to 
make the changes to our regulations effective immediately. At the same 
time, we are soliciting comments and will consider those comments in 
issuing a final rule.
    This regulation does not contain new or revised information for 
which OMB approval is required under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). The information collection associated 
with Federal Fish and Wildlife permits is covered by an existing OMB 
approval, and is assigned clearance number 1018-0093, Form 3-200-45, 
with an expiration date of February 28, 2001. Details of the 
information collection requirements for the import of sport-hunted 
polar bear trophies appear at Title 50 of the Code of Federal 
Regulations, Section 18.30(a). We may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.
    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act. The Department of the Interior has 
determined that the issuance of this action is categorically excluded 
under the Department's NEPA procedures in Part 516 of the Department 
Manual, Chapter 2, Appendix 1.10.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects. The rule is limited to our review of new 
information obtained from Canada on the M'Clintock Channel polar bear 
population. Polar bear sport hunting is not allowed within the United 
States. Therefore, sport hunting of polar bears in Canada can have no 
effect on polar bear sport hunts in the United States since such hunts 
are currently prohibited.
    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (5) Is the description of the rule in 
the ``Supplementary Information'' section of the preamble helpful in 
understanding the rule? What else could we do to make this rule easier 
to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW, Washington, D.C. 20240. 
You may also email comments to: [email protected]

List of Subjects in 50 CFR Part 18

    Administrative practice and procedure, Alaska, Imports, Indians, 
Marine mammals, Oil and gas exploration, Reporting and recordkeeping 
requirements, Transportation.

Regulation Promulgation

    Accordingly, we hereby amend Part 18, Subchapter B of chapter I, 
Title 50 of the Code of Federal Regulations to read as follows:

[[Page 1907]]

PART 18--[AMENDED]

    1. The authority citation for part 18 continues to read as follows:

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


    2. Amend Sec. 18.30 by revising paragraphs (a)(4)(i), (a)(4)(iii), 
(a)(4)(iv), and (i)(1) introductory text to read as follows:


Sec. 18.30  Polar Bear sport-hunted trophy import permits.

    (a) *  *  *
    (4) *  *  *
    (i) A copy of the Northwest Territories (NWT) or Nunavut Territory 
hunting license and tag number;
* * * * *
    (iii) A copy of the NWT or Nunavut Territory export permit; or
    (iv) A certification from the Department of Resources, Northwest 
Territories, or the Department of Sustainable Development, Nunavut 
Territory,
* * * * *
    (i) *  *  *
    (1) We have determined that the Northwest Territories and Nunavut 
Territory, Canada, have a monitored and enforced sport-hunting program 
that meets issuance criteria of paragraphs (d) (4) and (5) of this 
section for the following populations: Southern Beaufort Sea, Northern 
Beaufort Sea, Viscount Melville Sound (subject to the lifting of the 
moratorium in this population), Western Hudson Bay, M'Clintock Channel 
(only for polar bears lawfully taken on or before May 31, 2000), 
Lancaster Sound, and Norwegian Bay, and that:
* * * * *

    Dated: January 4, 2001.
Kenneth L. Smith,
Assistant Secretary Fish and Wildlife and Parks.
[FR Doc. 01-656 Filed 1-8-01; 11:37 am]
BILLING CODE 4310-55-P