Importation of Polar Bear Trophies From Canada; Proposed Rule on Legal and Scientific Findings To Implement Section 104(c)(5)(A) of the 1994 Amendments to the Marine Mammal Protection Act

This notice announces the proposed legal and scientific findings on the importation of polar bears (Ursus maritimus) taken in sport hunts in Canada, including ones taken, but not imported, prior to enactment of the 1994 Amendments of the Marine Mammal Protection Act (MMPA). Specifically, the U.S. Fish and Wildlife Service (Service) proposes to find that the Northwest Territories (NWT), the only area in Canada that currently allows sport hunting, has a monitored and enforced sport-hunting program that ensures polar bears are legally taken, is consistent with the purposes of the Agreement on the Conservation of Polar Bears, and is based on scientifically sound quotas ensuring the maintenance of the affected population stock at a sustainable level, provided certain provisions are in place in the specific population. The Service proposes to approve populations where the status of the population has been stable or increasing for previous harvest seasons and local and/or joint management agreement(s) are in place. Since Canada and the United States are Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Service proposes that import and export procedures are in place to meet CITES requirements. This notice also proposes regulations on the disposition of the gall bladder, tagging of trophies, and import procedures needed to monitor legal import and to ensure the import will not contribute to illegal trade in bear parts. The Service invites comment on options proposed to meet the provisions of Section 102(b) of the MMPA concerning the importation of pregnant and nursing polar bears. For polar bears taken in the NWT prior to the Amendments through the effective date of the final rule, the Service proposes to issue permits when proof of legal take is demonstrated and the provisions of the Act concerning pregnant and nursing polar bears are met. The Service intends to make these findings for multiple sport-hunting seasons pending review as required under Section 104(c)(5)(C) of the MMPA. This proposed rule is a supplement to the Service's previous proposed rule published on January 3, 1995.