Polar Bear Special Rule

摘要

Federal protection of the polar bear has been made final in a "special rule" that sidesteps provisions in the Endangered Species Act (ESA) in favor of existing conservation requirements for the species in the Marine Mammal Protection Act (MMPA) and the Convention on International Trade in Endangered Species (CITES). In May 2008 the Department of Interior (DOI) listed the polar bear as threatened under ESA. However, at that time, DOI also proposed a special rule that in most instances would synchronize the management of the polar bear under ESA with provisions under MMPA and CITES. Under the final special rule, if an activity is authorized or exempted under MMPA or CITES, DOI will not require any additional authorization under ESA regulations associated with that activity. However, DOI states that if the activity is not authorized or exempted under the MMPA or CITES and the activity would result in an act that would be otherwise prohibited under the under ESA regulations, ESA prohibitions would apply and permits would be required.