[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Proposed Rules]
[Pages 70-73]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32281]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 18
RIN 1018-AD04
Importation of Polar Bear Trophies From Canada; Proposed Rule to
Implement Section 104(c)(5)(A) of the 1994 Amendments to the Marine
Mammal Protection Act
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: On April 30, 1994, the Marine Mammal Protection Act (Act) was
amended to allow for 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. These permits
may also authorize the importation of trophies of polar bears taken,
but not imported, prior to the enactment of the Amendments. Prior to
issuing a permit, the Fish and Wildlife Service (Service) must make
legal and scientific findings required under section 104(c)(5)(A) of
the Act in consultation with the Marine Mammal Commission and after
notice and opportunity for public comment. This proposed rule would
establish application requirements, permit procedures, issuance
criteria and permit conditions. This notice also proposes a special
issuance fee for each permit as required by law. Such fees will be used
in developing and implementing cooperative research and management
programs for the conservation of polar bears in Alaska and Russia.
This proposed rule does not discuss the legal and scientific
findings required by the 1994 Amendments that need to be made prior to
issuing an import permit. The Service is currently working with the
Canadian wildlife authorities to obtain the needed information to make
these findings. A separate Federal Register notice will be published in
early 1995 to review the findings.
DATES: The Service will consider comments and information received by
March 6, 1995 in formulating its decision on this proposed rule.
ADDRESSES: Comments and information should be sent to: Director, Fish
and Wildlife Service, c/o Office of Management Authority, 4401 N.
Fairfax Drive, Room 420C, Arlington, VA 22203.
FOR FURTHER INFORMATION CONTACT: Margaret Tieger, Office of Management
Authority, at the above address, telephone (703) 358-2104, extension
5507.
SUPPLEMENTARY INFORMATION: This rule proposes regulations implementing
provisions of the 1994 Amendments to the Act that allow for the
issuance of permits to import sport-hunted trophies of polar bears
legally taken by the applicant while hunting in Canada. At this time,
Canada is the only country that allows polar bears to be harvested by
non-residents through a regulated sport-hunting program. These
amendments were signed into law on April 30, 1994. Prior to that time,
those seeking authority to import polar bear trophies from Canada were
required to first obtain a waiver of the Act's moratorium on importing
marine mammals.
The 1994 Amendments include a streamlined procedure for authorizing
the importation of these sport-hunted trophies by permit. This proposed
rule would establish the application requirements, permit procedures,
issuance criteria, permit conditions and issuance fee for this type of
permit. The notice discusses each paragraph of the proposed rule in the
section below titled, ``Section Analysis by Paragraph''.
Prior to issuing a permit for the importation of a polar bear
trophy, the Service must make findings consistent with section
104(c)(5)(A) of the Act, in consultation with the Marine Mammal
Commission, after publishing notice in the Federal Register for public
comment. These findings are to ensure that the trophy was legally
taken; that Canada has a monitored and enforced hunting program that is
consistent with the 1973 International 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;
and that the export and subsequent import meet the requirements of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) and other international agreements and conventions
and are not likely to contribute to illegal trade in bear parts.
This proposed rule does not discuss the legal and scientific
findings required by the 1994 Amendments that need to be made prior to
issuing an import permit as the Service does not presently have all the
information it needs to make such findings. A group of biologists from
the Service and the National Biological Survey are consulting with the
Canadian wildlife authorities in December 1994 to gather information
and discuss Canada's program. The Service will also be addressing
several questions that have been raised. A contract report prepared for
the Marine Mammal Commission in 1993 has raised questions about
Canada's sport-hunting program and its consistency with the 1973
International Agreement on the Conservation of Polar Bears. In
addition, the 1994 Amendments require the Service to determine whether
for a particular population stock, Canada manages its hunting program
through scientifically-based quotas that ensure the maintenance of a
sustainable population. Canada manages polar bears at the subpopulation
level, that appears to be consistent with this amendment and the
discussion in the legislative history on Canada's management program in
the Northwest Territories (140 Cong. Rec. H2725, April 26, 1994).
[[Page 71]] The Service is gathering the specific information needed to
resolve these and other related questions concerning the required
findings. In early 1995, the Service anticipates publishing a summary
of information on polar bear subpopulations in Canada, Canada's
management program, and the legal and scientific findings in the
Federal Register for public comment. At the same time, the Service will
need to evaluate its actions under the National Environmental Policy
Act, as appropriate. Once the questions have been resolved and the
Service has made the findings outlined above, it will be able to act on
specific permit applications.
Section Analysis by Paragraph
Section 18.30 Polar bear sport-hunted trophy import permits
This section would establish application requirements, permit
procedures, issuance criteria, permit conditions and fees to allow for
the importation of trophies of polar bears legally taken by the
applicant while sport hunting in Canada. The requirements in 50 CFR
parts 13 (General permit procedures), 14 (Importation, exportation, and
transportation of wildlife) and 23 (species listed in the Appendices to
CITES) must also be met. Thus, for example, the polar bear is listed in
Appendix II of CITES, and the export requires a permit issued by the
Canadian Wildlife Service under CITES in addition to the import permit
under the Act.
Paragraph (a) Application Procedure
Persons desiring to import trophies of polar bear taken during a
sport hunt in Canada must submit an application to the Service's Office
of Management Authority. In addition to completing the basic
information on the official application form, the applicant must
provide information as prescribed in this section, including: the
purpose of the taking and proposed use upon import; names and addresses
of the persons exporting and importing the polar bear trophy; if the
applicant is not the person who took the specimen proposed for import,
documentation that the importer is the heir to the estate of a hunter
who died prior to importation of the trophy; proof that the polar bear
was legally harvested in Canada by the applicant or by a decedent from
whom the applicant inherited the trophy, including the tag number and
date, location and manner of taking; and a description of the polar
bear parts to be imported, including the number of specimens or parts
and the age, size and sex of the polar bear. This information is
necessary to allow the Service to determine that the polar bear trophy
in question meets the new provisions of the law and provides the
specific details the Service needs to evaluate the application.
Paragraph (b) Definitions
The term ``sport-hunted trophy'' has been defined to clarify what
parts of the polar bear are included in the term and that the item has
to be for personal, noncommercial use. There was concern that internal
organs, such as the gall bladder, might enter into trade and possibly
contribute to illegal trade in bear parts. The Committee Report (H.R.
Rep. No. 439, 103d Cong., 2d Sess. (1994)) states that ``Trophies
normally constitute the hide, hair, skull, teeth, and claws of the
animal, which can be used by a taxidermist to create a mount of the
animal for display or tanned for use as a rug. This provision does not
allow the importation of any internal organ of the animal, including
the gall bladder.'' The definitions in Parts 10, 18 and 23 of 50 CFR
also apply.
Paragraph (c) Review by the Marine Mammal Commission
The law requires that the Service consult with the Marine Mammal
Commission in making the specific findings required in section
104(c)(5)(A). The Marine Mammal Commission is an independent Federal
agency with statutory authority to make recommendations pursuant to
Title II of the Act. Since this procedure for polar bear trophy import
applications is substantially similar to that required for other
applications considered under the Act, the proposed regulations refer
the reader to the current provisions in section 18.31(c).
Paragraph (d) Procedures for issuance of permits and modification,
suspension or revocation thereof
Again, since general procedures to be followed for issuance of
permits and modification, suspension or revocation of permits are
currently in the regulations, the reader is referred to the current
provisions in section 18.33. These regulations are based on the
application procedures outlined in section 104(d) of the Act, which was
not changed during the recent amendments. When Congress added section
104(c)(5) to the Act to allow for issuance of permits to import polar
bear trophies, polar bear import applications were not exempted from
these procedures that include the requirement that the Service will
publish a notice of each permit application in the Federal Register for
a 30-day public comment period.
Paragraph (e) Issuance Criteria
Before a permit can be issued, the Service proposes to consider the
issuance criteria in this section in addition to the general criteria
in 50 CFR 13.21. The floor debate in the House of Representatives (140
Cong. Rec. H2725, April 26, 1994) emphasized that the intent of
Congress was to limit importation of polar bear trophies to the hunter
who actually took the polar bear and who desires to import the trophy.
If an individual who has legally taken a polar bear dies prior to the
importation, however, the heirs of that person's estate could apply for
an import permit. The import permit requests for polar bear trophies
can also be made for animals taken prior to enactment of the 1994
Amendments (April 30, 1994) if the issuance criteria are met. However,
this does not apply to polar bear parts that have been seized by the
Federal government or have already been imported into the United
States. The first three issuance criteria address these concerns, as
follows: the trophy has not already been imported, it meets the
definition of a sport-hunted trophy and it was legally harvested in
Canada by the applicant (or by a decedent from whom the applicant
inherited the trophy). The next issuance criteria are directly taken
from the language of the law at section 104(c)(5)(A)(i)-(iv). Findings
to be made include determinations that (1) Canada has a monitored and
enforced hunting program consistent with the purposes of the 1973
International Agreement on the Conservation of Polar Bears; (2) Canada
has a sport-hunting program based on scientifically sound quotas
ensuring the maintenance of the affected population stock at a
sustainable level; and (3) and (4) the export and subsequent import are
consistent with the provisions of CITES and other international
agreements and conventions and are not likely to contribute to illegal
trade in bear parts. These factors will be addressed in greater detail
when the Service publishes its proposed findings in early 1995.
Paragraph (f) Additional Permit Conditions
Every permit issued under this section would be subject to the
conditions currently in the regulations for marine mammal permits at
section 18.31(d). This paragraph would require all permits to be
subject to the general permit conditions set forth in Part 13 of this
subchapter and to certain specific conditions. These specific
conditions [[Page 72]] would require that the original permit be in the
possession of the person to whom it is issued, or his agent, at the
time of importation and that a duplicate copy of the issued permit be
physically attached to the container in which the polar bear specimen
is placed while in storage or transit.
Paragraph (g) Duration of Permits
The duration of a permit is designated on the face of the permit.
The permit will be valid for no longer than one year, a timeframe that
should allow for the importation to occur.
Paragraph (h) Fees
The Act requires the Director to establish and charge a reasonable
fee for polar bear trophy import permits that are issued. This issuance
fee is over and above the standard permit processing fee of $25.00 that
is required at the time of application in accordance with 50 CFR
13.11(d). The permit issuance fee is to be paid after notice that the
application has been approved but before the permit is issued. The
Committee Report outlined that the Committee considered a reasonable
fee to range from $250 to $1,000 for each permit depending on the
administrative work involved. The 1994 Amendments require all of the
issuance fee be made available for polar bear conservation programs
being conducted in Alaska and Russia pursuant to section 113(d) of the
Act. Based on the amount of information that needs to be collected and
evaluated and the need for periodic review of information, the Service
is proposing to charge a fee of $1,000 for each import permit issued.
The Service believes setting the fee at this level is appropriate given
the level of administrative work involved and as the monies generated
will be used for polar bear conservation.
Paragraph (i) Scientific Review
The language of the law requires that a scientific review of the
impact of permits issued on the polar bear population stocks be
undertaken within 2 years after enactment, that is by April 30, 1996.
This review is to provide an opportunity for public comment and the
final report shall include a response to such public comment. The
Director shall not issue permits to allow for the import of polar bears
taken in Canada after September 30, 1996, if the Service determines
that the issuance of permits is having a significant adverse impact on
the polar bear population stocks in Canada. The Director is further
authorized to conduct an annual review of this determination. The
review provides for the monitoring of the effects of permit issuance on
Canada's polar bear population stocks and a means to guarantee the
cessation of imports should there be an indication of an adverse impact
on the sustainability of the Canadian population stocks. These reviews
are to be based on the best scientific information available. If the
Director does undertake a review, the Act requires that the review be
completed by January 31 of the year in which the review was undertaken.
The Director may not, however, refuse to issue permits solely on the
basis that the review has not been completed by January 31.
Congressman Jack Fields, during the House of Representatives floor
debate on the 1994 Amendments stated, ``A significant adverse impact
means more than a simple decrease, ordinary fluctuation, or normal
change in the population cycle. A decline should not be considered
significant if the decline is of short duration, affects a minuscule
percentage of the population, or does not jeopardize the sustainability
of the species in the long term. The decrease must be proven to be
directly related to the trophy imports by sport hunters and of such a
magnitude as to warrant suspension of those imports. Even so, the
issuance of permits should not be suspended unless Canada does not
reduce the harvest quota in response to this decline.'' (140 Cong. Rec.
H2725, April 26, 1994)
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
any comments or suggestions from the public, other concerned
governmental agencies, the scientific or conservation communities,
trade organizations or any other interested party concerning any aspect
of this proposal are hereby solicited.
Required Determinations
This proposed rule was not subject to review by the Office of
Management and Budget (OMB) under Executive Order 12866. The Department
of the Interior (Department) has determined that this proposed rule
will not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). The proposal will affect only those in the United States who
have hunted polar bear in Canada. This action is not expected to have
significant taking implications, as per Executive Order 12630.
The information collection requirement contained in this section
has been approved by OMB as required by the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned clearance number 1018-0022. Since the
proposed rule would apply to importation of polar bear trophies into
the United States, it does not contain any Federalism impacts as
described in Executive Order 12612.
The Service has determined that this proposed rule is categorically
excluded under Departmental procedures from complying with the National
Environmental Policy Act (NEPA) (516 Departmental Manual, Ch. 2, Appx.
1, Para. 1.10) An Environmental Action Memorandum is on file at the
Service's Office of Management Authority in Arlington, Virginia. The
permits authorized under the Act and regulations, as well as the
scientific findings required by the Act, may be subject to NEPA
documentation requirements, on a case-by-case basis.
The Department has certified to OMB that these regulations meet the
applicable standards provided in Sections 2(a) and 2(b)(2) of Executive
Order 12778.
List of Subjects in 50 CFR Part 18
Administrative practice and procedures, Imports, Indians, Marine
mammals, Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 18 of
chapter I of title 50 of the Code of Federal Regulations by adding
sections 18.4 and 18.30 to read as follows:
PART 18--MARINE MAMMALS
1. The authority citation for part 18 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
2. A new Sec. 18.4 is added to subpart A of part 18 to read as
follows:
Sec. 18.4 Information collection requirements.
(a) The information collection requirements contained in subpart D
has been approved by the Office of Management and Budget under 44
U.S.C. 3501 et seq. and assigned clearance number 1018-0022. The
information is being collected because it is necessary for the
evaluation of permit applications. The information will be used to
review permit applications and make decisions, according to criteria
established in various Federal wildlife conservation statutes and
regulations, on the issuance or denial of permits. The obligation to
respond is required to obtain or retain a permit.
(b) Public reporting burden for this collection of information is
estimated to vary from 15 minutes to 4 hours per [[Page 73]] response,
with an average of 1.028 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden or any
other aspect of this collection of information, including suggestions
for reducing the burden, to the Service Information Collection
Clearance Office, Fish and Wildlife Service Office of Management and
Budget, Mail Stop 224, Arlington Square, U.S. Department of the
Interior, 1849 C Street, N.W., Washington, DC 20240 and the Office of
Management and Budget, Paperwork Reduction Project (1018-0022),
Washington, DC 20503.
3. A new Sec. 18.30 is added to subpart D of part 18 to read as
follows:
Sec. 18.30 Polar bear sport-hunted trophy import permits.
(a) Application procedure. Applications for permits to import polar
bear trophies shall be submitted to the Director, U.S. Fish and
Wildlife Service, Office of Management Authority, 4401 N. Fairfax
Drive, Room 420C, Arlington, Virginia 22203. Each application must be
submitted on an official application (Form 3-200) provided by the
Service and must include as an attachment, all of the following
additional information:
(1) A statement of the purpose of the taking and proposed use upon
import;
(2) Name and address of the person from whom the polar bear trophy
is to be exported;
(3) Name and address of the person in the United States to whom the
polar bear trophy is to be imported;
(4) If the person who took the polar bear in Canada died prior to
submittal of the import permit application, documentation that the
importer is the heir of that person's estate;
(5) Proof that the polar bear was legally harvested in Canada by
the applicant (or by a decedent from whom the applicant inherited the
trophy), including the tag number and date, location, and manner of
taking; and
(6) A description of the polar bear parts to be imported, including
the number of specimens or parts and the age, size, and sex of the
polar bear.
(b) Definitions. (1) The definitions in 50 CFR 10.12, 18.3, and
23.3 apply to this paragraph.
(2) Sport-hunted trophy means the hide, hair, skull, teeth, and
claws of the specimen, which can be used by a taxidermist to create a
mount of the animal for display or tanned for use as a rug, taken by
the applicant during a sport hunt for personal, noncommercial use. It
does not include any internal organ of the animal, including the gall
bladder.
(c) Review by Marine Mammal Commission. Upon receipt of an
application the Director shall forward it to the Marine Mammal
Commission as described in Sec. 18.31(b).
(d) Procedures for issuance of permits and modification, suspension
or revocation thereof. Permits applied for under this section shall be
issued, suspended, modified or revoked pursuant to regulations
contained in Sec. 18.33.
(e) Issuance criteria. In determining whether to issue an import
permit for a sport-hunted trophy, the Director shall consider, in
addition to the general criteria in Part 13 of this subchapter, the
following factors:
(1) The specimen has not been imported into the United States;
(2) The specimen to be imported meets the definition of a sport-
hunted trophy in paragraph (b) of this section;
(3) The polar bear was legally harvested in Canada by the applicant
(or by a decedent from whom the applicant inherited the trophy);
(4) Canada has a monitored and enforced sport-hunting program
consistent with the purposes of the 1973 International Agreement on the
Conservation of Polar Bears;
(5) Canada has a sport-hunting program based on scientifically
sound quotas ensuring the maintenance of the affected population stock
at a sustainable level; and
(6) The export and subsequent import:
(i) 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
(ii) Are not likely to contribute to illegal trade in bear parts.
(f) Additional permit conditions. Permits to import a sport-hunted
trophy are subject to the conditions outlined in Sec. 18.31(d).
(g) Duration of permits. The duration of permits issued under this
section shall be designated on the face of the permit, but in no case
will the permit be valid for more than one year from the date of
issuance.
(h) Fees. (1) The applicant must pay the required standard permit
processing fee at the time of application as given in 50 CFR 13.11(4).
(2) The Service will promptly notify an applicant of its decision
on the import permit application. If the decision is to approve the
application, the applicant must remit the issuance fee of $1,000 before
receiving an import permit. The issuance fee will be used in developing
and implementing cooperative research and management programs for the
conservation of polar bears in Alaska and Russia pursuant to section
113(d) of the Marine Mammal Protection Act.
(i) Scientific review. (1) The Director shall undertake a
scientific review of the impact of permits issued under this section on
the polar bear population stocks in Canada by April 30, 1996.
(i) The review shall provide an opportunity for public comment, and
shall include a response to such public comment in the final report.
(ii) The Director shall not issue permits under this section after
September 30, 1996, if it is determined that the issuance of permits
under this section is having a significant adverse impact on the polar
bear population stocks in Canada.
(2) After the initial review, the Director may review whether the
issuance of permits under this section is having a significant adverse
impact on the polar bear population stocks in Canada annually in light
of the best scientific information available. The review must be
completed no later than January 31 in any year a review is undertaken.
* * * * *
Dated: December 15, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish, and Wildlife and Parks.
[FR Doc. 94-32281 Filed 12-30-94; 8:45 am]
BILLING CODE 4310-55-P
