F&W confirms polar bear protection

The U.S. Fish and Wildlife Service has issued a special final rule under the Endangered Species Act, confirming that protection requirements for polar bears are those spelled out by the Marine Mammals Protections Act, or MMPA, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Protections under the MMPA, which Fish and Wildlife says are more stringent than those afforded by the Endangered Species Act, have been in place for several decades for the polar bear, a species that was listed under the Endangered Species Act as threatened in 2008.

Following the listing in 2008, Fish and Wildlife issued a rule allowing continued protection of the polar bears under the terms of the MMPA. However, that rule was challenged in court, as a consequence of which the MMPA protection has been operating on an interim basis, pending completion of an assessment of the rule under the National Environmental Policy Act. With that environmental assessment complete, Fish and Wildlife is now re-issuing a final rule, unaltered from the rule issued in 2008. The rule will go into effect on March 22, following a 30-day public comment period.

“This rule effectively continues management of polar bears under the same guidelines that have been in place since the original listing in 2008,” said U.S. Fish and Wildlife Service Alaska Regional Director Geoff Haskett on Feb. 19 when announcing publication of the final rule. “By maintaining the stricter MMPA incidental take prohibition, which include provisions stricter than those imposed by the ESA, we can assure protection of this iconic species while continuing to allow those who live and work in polar bear habitat to employ practices that will reduce bear/human interactions for the benefit of both polar bears and people.”

The special rule does not affect the subsistence harvesting of polar bears or the production and sale of polar bear handicrafts by Alaska Natives, with these activities being allowed under the terms of both the Endangered Species Act and the Marine Mammals Protection Act, Fish and Wildlife said.

—Alan Bailey