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[House Report 115-735]
[From the U.S. Government Publishing Office]

115th Congress     }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {       115-735

======================================================================

 
                POLAR BEAR CONSERVATION AND FAIRNESS ACT

                                _______
                                

 June 12, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 224]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 224) to amend the Marine Mammal Protection Act 
of 1972 to allow importation of polar bear trophies taken in 
sport hunts in Canada before the date the polar bear was 
determined to be a threatened species under the Endangered 
Species Act of 1973, and for other purposes, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 224 is to amend the Marine Mammal 
Protection Act of 1972 to allow importation of polar bear 
trophies taken in sport hunts in Canada before the date the 
polar bear was determined to be a threatened species under the 
Endangered Species Act of 1973.

                  Background and Need for Legislation

    Under the Marine Mammal Protection Act of 1972 (MMPA, 
Public Law 92-522), jurisdiction over marine mammals in the 
wild is split between the U.S. Fish and Wildlife Service (FWS), 
within the Department of the Interior, and the National Marine 
Fisheries Service (NMFS), within the Department of Commerce. 
FWS has jurisdiction over sea otters, polar bears, manatees, 
dugongs and walrus, while NMFS has jurisdiction over all other 
marine mammals.
    The MMPA has been amended several times, with the last and 
most extensive amendments occurring in 1994. The 1994 
amendments allowed the importation of polar bear trophies from 
Canada. The Secretary of the Interior was authorized to issue a 
permit for the importation of polar bear trophies from Canada, 
if the following criteria were met:
          (1) the applicant provides documents showing the 
        polar bear was legally harvested in Canada;
          (2) Canada has a monitored and enforced sport hunting 
        program, consistent with the Agreement on the 
        Conservation of Polar Bears;
          (3) Canada's sport program is based on 
        scientifically-sound quotas that ensure a sustainable 
        population; and
          (4) the exportation and importation of the trophy is 
        consistent with the provisions of the Convention on the 
        International Trade in Endangered Species.\1\
---------------------------------------------------------------------------
    \1\16 U.S.C Chapter 31.
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    The Secretary of the Interior was also authorized to charge 
a permit fee of up to $1,000 for each trophy import 
application.\2\ The collected fees were directed into a fund 
for the conservation of polar bears in the United States and 
Russia. Since 1994, Canada and FWS have successfully worked 
together to ensure that imported polar bear trophies have come 
from hunts conducted in a sustainable manner. Canada has 
management authority over 13 of the 19 world-wide polar bear 
populations.\3\ After reviewing Canada's management actions, 
FWS created a list of approved polar bear populations in 
Canada. In 2008, six of the 13 Canadian polar bear populations 
were considered approved populations and a polar bear trophy 
from one of these populations could be imported into the U.S. 
after the hunter paid an importation permit fee. According to 
FWS, between 1997 and 2008, 969 trophies were taken in Canada 
and imported into the U.S., raising $969,000 for the U.S.-
Russia Polar Bear Conservation Fund.\4\
---------------------------------------------------------------------------
    \2\United States Fish and Wildlife Service, Division of Management 
Authority. Importing Your Polar Bear Sport-Hunted Trophy.
    \3\P. (2016, June 13). The truth about polar bears. Retrieved from 
https://www.canadiangeographic.ca/article/truth-about-polar-bears.
    \4\Mimms, S. (2014, February 04). Why Canada Is Still Stuck With 
Our Dead Polar Bears. Retrieved from https://www.theatlantic.com/
politics/archive/2014/02/why-canada-is-still-stuck-with-our-dead-polar-
bears/450339/.
---------------------------------------------------------------------------
    On May 15, 2008, the Secretary of the Interior listed the 
world-wide polar bear population as threatened under the 
Endangered Species Act of 1973 (ESA, 16 U.S.C. 1531 et seq.). 
Threatened and endangered marine mammals are considered 
depleted species under the MMPA and the MMPA bans the 
importation of depleted species. At the time of the polar bear 
threatened listing, there were 41 hunters with legally hunted 
polar bear trophies in the permitting process. Legislation is 
needed to allow for the importation of these legally-taken 
trophies.
    H.R. 224 would amend the MMPA to allow the Secretary of the 
Interior to issue permits to those eligible hunters with 
legally taken polar bear trophies from approved populations 
prior to the May 15, 2008, ESA listing. As a result of this 
legislation, up to $41,000 would be collected for polar bear 
research and conservation.
    The language contained in this stand-alone legislation is 
also included in H.R. 3668, the Sportsmen's Heritage and 
Recreational Enhancement (SHARE) Act, which was favorably 
reported by the Committee on September 18, 2017.

                            Committee Action

    H.R. 224 was introduced on January 3, 2017, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands and the Subcommittee on Water, Power and 
Oceans. On May 16, 2018, the Natural Resources Committee met to 
consider the bill. The Subcommittees were discharged by 
unanimous consent. No amendments were offered and the bill was 
ordered favorably reported to the House of Representatives by 
voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 6, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 224, the Polar 
Bear Conservation and Fairness Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 224--Polar Bear Conservation and Fairness Act

    H.R. 224 would require the Secretary of the Interior to 
issue permits to certain hunters seeking to import polar bear 
remains from Canada. Under the bill, only hunters who submit 
applications for permits to import remains that were acquired 
prior to May 15, 2008, the date the polar bear was listed as a 
threatened species under the Endangered Species Act, would be 
eligible to receive a permit.
    Using information provided by the U.S. Fish and Wildlife 
Service, CBO estimates that processing and issuing the roughly 
40 permits that would be affected by the bill would have an 
insignificant effect on the federal budget. Enacting H.R. 224 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 224 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 224 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Marine Mammal Protection 
Act of 1972 to allow importation of polar bear trophies taken 
in sport hunts in Canada before the date the polar bear was 
determined to be a threatened species under the Endangered 
Species Act of 1973.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill contains no directed 
rulemakings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                  MARINE MAMMAL PROTECTION ACT OF 1972

           *       *       *       *       *       *       *
TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

           *       *       *       *       *       *       *

                                Permits

  Sec. 104. (a) The Secretary may issue permits which authorize 
the taking or importation of any marine mammal. Permits for the 
incidental taking of marine mammals in the course of commercial 
fishing operations may only be issued as specifically provided 
for in sections 101(a)(5) or 306, or subsection (h) of this 
section.
  (b) Any permit issued under this section shall--
          (1) be consistent with any applicable regulation 
        established by the Secretary under section 103 of this 
        title, and
          (2) specify
                  (A) the number and kind of animals which are 
                authorized to be taken or imported,
                  (B) the location and manner (which manner 
                must be determined by the Secretary to be 
                humane) in which they may be taken, or from 
                which they may be imported,
                  (C) the period during which the permit is 
                valid, and
                  (D) any other terms or conditions which the 
                Secretary deems appropriate.
In any case in which an application for a permit cites as a 
reason for the proposed taking the overpopulation of a 
particular species or population stock, the Secretary shall 
first consider whether or not it would be more desirable to 
transplant a number of animals (but not to exceed the number 
requested for taking in the application) of that species or 
stock to a location not then inhabited by such species or stock 
but previously inhabited by such species or stock.
  (c)(1) Any permit issued by the Secretary which authorizes 
the taking or importation of a marine mammal for purposes of 
scientific research, public display, or enhancing the survival 
or recovery of a species or stock shall specify, in addition to 
the conditions required by subsection (b) of this section, the 
methods of capture, supervision, care, and transportation which 
must be observed pursuant to such taking or importation. Any 
person authorized to take or import a marine mammal for 
purposes of scientific research, public display, or enhancing 
the survival or recovery of a species or stock shall furnish to 
the Secretary a report on all activities carried out by him 
pursuant to that authority.
          (2)(A) A permit may be issued to take or import a 
        marine mammal for the purpose of public display only to 
        a person which the Secretary determines--
                  (i) offers a program for education or 
                conservation purposes that is based on 
                professionally recognized standards of the 
                public display community;
                  (ii) is registered or holds a license issued 
                under 7 U.S.C. 2131 et seq.; and
                  (iii) maintains facilities for the public 
                display of marine mammals that are open to the 
                public on a regularly scheduled basis and that 
                access to such facilities is not limited or 
                restricted other than by charging of an 
                admission fee.
          (B) A permit under this paragraph shall grant to the 
        person to which it is issued the right, without 
        obtaining any additional permit or authorization under 
        this Act, to--
                  (i) take, import, purchase, offer to 
                purchase, possess, or transport the marine 
                mammal that is the subject of the permit; and
                  (ii) sell, export, or otherwise transfer 
                possession of the marine mammal, or offer to 
                sell, export, or otherwise transfer possession 
                of the marine mammal--
                          (I) for the purpose of public 
                        display, to a person that meets the 
                        requirements of clauses (i), (ii), and 
                        (iii) of subparagraph (A);
                          (II) for the purpose of scientific 
                        research, to a person that meets the 
                        requirements of paragraph (3); or
                          (III) for the purpose of enhancing 
                        the survival or recovery of a species 
                        or stock, to a person that meets the 
                        requirements of paragraph (4).
          (C) A person to which a marine mammal is sold or 
        exported or to which possession of a marine mammal is 
        otherwise transferred under the authority of 
        subparagraph (B) shall have the rights and 
        responsibilities described in subparagraph (B) with 
        respect to the marine mammal without obtaining any 
        additional permit or authorization under this Act. Such 
        responsibilities shall be limited to--
                  (i) for the purpose of public display, the 
                responsibility to meet the requirements of 
                clauses (i), (ii), and (iii) of subparagraph 
                (A),
                  (ii) for the purpose of scientific research, 
                the responsibility to meet the requirements of 
                paragraph (3), and
                  (iii) for the purpose of enhancing the 
                survival or recovery of a species or stock, the 
                responsibility to meet the requirements of 
                paragraph (4).
          (D) If the Secretary--
                  (i) finds in concurrence with the Secretary 
                of Agriculture, that a person that holds a 
                permit under this paragraph for a marine 
                mammal, or a person exercising rights under 
                subparagraph (C), no longer meets the 
                requirements of subparagraph (A)(ii) and is not 
                reasonably likely to meet those requirements in 
                the near future, or
                  (ii) finds that a person that holds a permit 
                under this paragraph for a marine mammal, or a 
                person exercising rights under subparagraph 
                (C), no longer meets the requirements of 
                subparagraph (A) (i) or (iii) and is not 
                reasonably likely to meet those requirements in 
                the near future,
        the Secretary may revoke the permit in accordance with 
        section 104(e), seize the marine mammal, or cooperate 
        with other persons authorized to hold marine mammals 
        under this Act for disposition of the marine mammal. 
        The Secretary may recover from the person expenses 
        incurred by the Secretary for that seizure.
          (E) No marine mammal held pursuant to a permit issued 
        under subparagraph (A), or by a person exercising 
        rights under subparagraph (C), may be sold, purchased, 
        exported, or transported unless the Secretary is 
        notified of such action no later than 15 days before 
        such action, and such action is for purposes of public 
        display, scientific research, or enhancing the survival 
        or recovery of a species or stock. The Secretary may 
        only require the notification to include the 
        information required for the inventory established 
        under paragraph (10).
          (3)(A) The Secretary may issue a permit under this 
        paragraph for scientific research purposes to an 
        applicant which submits with its permit application 
        information indicating that the taking is required to 
        further a bona fide scientific purpose. The Secretary 
        may issue a permit under this paragraph before the end 
        of the public review and comment period required under 
        subsection (d)(2) if delaying issuance of the permit 
        could result in injury to a species, stock, or 
        individual, or in loss of unique research 
        opportunities.
          (B) No permit issued for purposes of scientific 
        research shall authorize the lethal taking of a marine 
        mammal unless the applicant demonstrates that a 
        nonlethal method of conducting the research is not 
        feasible. The Secretary shall not issue a permit for 
        research which involves the lethal taking of a marine 
        mammal from a species or stock that is depleted, unless 
        the Secretary determines that the results of such 
        research will directly benefit that species or stock, 
        or that such research fulfills a critically important 
        research need.
          (C) Not later than 120 days after the date of 
        enactment of the Marine Mammal Protection Act 
        Amendments of 1994, the Secretary shall issue a general 
        authorization and implementing regulations allowing 
        bona fide scientific research that may result only in 
        taking by Level B harassment of a marine mammal. Such 
        authorization shall apply to persons which submit, by 
        60 days before commencement of such research, a letter 
        of intent via certified mail to the Secretary 
        containing the following:
                  (i) The species or stocks of marine mammals 
                which may be harassed.
                  (ii) The geographic location of the research.
                  (iii) The period of time over which the 
                research will be conducted.
                  (iv) The purpose of the research, including a 
                description of how the definition of bona fide 
                research as established under this Act would 
                apply.
                  (v) Methods to be used to conduct the 
                research.
        Not later than 30 days after receipt of a letter of 
        intent to conduct scientific research under the general 
        authorization, the Secretary shall issue a letter to 
        the applicant confirming that the general authorization 
        applies, or, if the proposed research is likely to 
        result in the taking (including Level A harassment) of 
        a marine mammal, shall notify the applicant that 
        subparagraph (A) applies.
  (4)(A) A permit may be issued for enhancing the survival or 
recovery of a species or stock only with respect to a species 
or stock for which the Secretary, after consultation with the 
Marine Mammal Commission and after notice and opportunity for 
public comment, has first determined that--
          (i) taking or importation is likely to contribute 
        significantly to maintaining or increasing distribution 
        or numbers necessary to ensure the survival or recovery 
        of the species or stock; and
          (ii) taking or importation is consistent (I) with any 
        conservation plan adopted by the Secretary under 
        section 115(b) of this title or any recovery plan 
        developed under section 4(f) of the Endangered Species 
        Act of 1973 for the species or stock, or (II) if there 
        is no conservation or recovery plan in place, with the 
        Secretary's evaluation of actions required to enhance 
        the survival or recovery of the species or stock in 
        light to the factors that would be addressed in a 
        conservation plan or a recovery plan.
  (B) A permit issued in accordance with this paragraph may 
allow the captive maintenance of a marine mammal from a 
depleted species or stock only if the Secretary--
          (i) determines that captive maintenance is likely to 
        contribute to the survival or recovery of the species 
        or stock by maintaining a viable gene pool, increasing 
        productivity, providing biological information, or 
        establishing animal reserves;
          (ii) determines that the expected benefit to the 
        affected species or stock outweighs the expected 
        benefit of alternatives which do not require removal of 
        animals from the wild; and
          (iii) requires that the marine mammal or its progeny 
        be returned to the natural habitat of the species or 
        stock as soon as feasible, consistent with the 
        objectives of any applicable conservation plan or 
        recovery plan, or of any evaluation by the Secretary 
        under subparagraph (A).
The Secretary may allow the public display of such a marine 
mammal only if the Secretary determines that such display is 
incidental to the authorized maintenance and will not interfere 
with the attainment of the survival or recovery objectives.
          (5)(A) The Secretary may issue a permit for the 
        importation of polar bear parts (other than internal 
        organs) taken in sport hunts in Canada to an applicant 
        which submits with its permit application proof that 
        the polar bear was legally harvested in Canada by the 
        applicant. Such a permit shall be issued if the 
        Secretary, in consultation with the Marine Mammal 
        Commission and after notice and opportunity for public 
        comment, finds that--
                  (i) Canada has a monitored and enforced sport 
                hunting program consistent with the purposes of 
                the Agreement on the Conservation of Polar 
                Bears;
                  (ii) Canada has a sport hunting program based 
                on scientifically sound quotas ensuring the 
                maintenance of the affected population stock at 
                a sustainable level;
                  (iii) the export and subsequent import 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
                  (iv) the export and subsequent import are not 
                likely to contribute to illegal trade in bear 
                parts.
          (B) The Secretary shall establish and charge a 
        reasonable fee for permits issued under this paragraph. 
        All fees collected under this paragraph shall be 
        available to the Secretary until expended for use in 
        developing and implementing cooperative research and 
        management programs for the conservation of polar bears 
        in Alaska and Russia pursuant to section 113(d).
          (C)(i) The Secretary shall undertake a scientific 
        review of the impact of permits issued under this 
        paragraph on the polar bear population stocks in Canada 
        within 2 years after the date of enactment of this 
        paragraph. The Secretary shall provide an opportunity 
        for public comment during the course of such review, 
        and shall include a response to such public comment in 
        the final report on such review.
          (ii) The Secretary shall not issue permits under this 
        paragraph after September 30, 1996, if the Secretary 
        determines, based on the scientific review, that the 
        issuance of permits under this paragraph is having a 
        significant adverse impact on the polar bear population 
        stocks in Canada. The Secretary may review such 
        determination annually thereafter, in light of the best 
        scientific information available, and shall complete 
        the review not later than January 31 in any year a 
        review is undertaken. The Secretary may issue permits 
        under this paragraph whenever the Secretary determines, 
        on the basis of such annual review, that the issuance 
        of permits under this paragraph is not having a 
        significant adverse impact on the polar bear population 
        stocks in Canada.
  [(D) The Secretary of the Interior shall, expeditiously after 
the expiration of the applicable 30 day period under subsection 
(d)(2), issue a permit for the importation of polar bear parts 
(other than internal organs) from polar bears taken in sport 
hunts in Canada before the date of enactment of the Marine 
Mammal Protection Act Amendments of 1994, to each applicant who 
submits, with the permit application, proof that the polar bear 
was legally harvested in Canada by the applicant. The Secretary 
shall issue such permits without regard to the provisions of 
subparagraphs (A) and (C)(ii) of this paragraph, subsection 
(d)(3) of this section, and sections 101 and 102. This 
subparagraph shall not apply to polar bear parts that were 
imported before the effective date of this subparagraph.]
          (D)(i) The Secretary of the Interior shall, 
        expeditiously after the expiration of the applicable 
        30-day period under subsection (d)(2), issue a permit 
        for the importation of any polar bear part (other than 
        an internal organ) from a polar bear taken in a sport 
        hunt in Canada to any person--
                  (I) who submits, with the permit application, 
                proof that the polar bear was legally harvested 
                by the person before February 18, 1997; or
                  (II) who has submitted, in support of a 
                permit application submitted before May 15, 
                2008, proof that the polar bear was legally 
                harvested by the person before May 15, 2008, 
                from a polar bear population from which a 
                sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) 
                of title 50, Code of Federal Regulations.
          (ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) 
        of this paragraph, subsection (d)(3), and sections 101 
        and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not 
        apply to the importation of any polar bear part 
        authorized by a permit issued under clause (i)(I). This 
        clause shall not apply to polar bear parts that were 
        imported before June 12, 1997.
          (iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) 
        and 102(b)(3) shall not apply to the importation of any 
        polar bear part authorized by a permit issued under 
        clause (i)(II). This clause shall not apply to polar 
        bear parts that were imported before the date of 
        enactment of the Polar Bear Conservation and Fairness 
        Act.
          (6) A permit may be issued for photography for 
        educational or commercial purposes involving marine 
        mammals in the wild only to an applicant which submits 
        with its permit application information indicating that 
        the taking will be limited to Level B harassment, and 
        the manner in which the products of such activities 
        will be made available to the public.
          (7) Upon request by a person for a permit under 
        paragraph (2), (3), or (4) for a marine mammal which is 
        in the possession of any person authorized to possess 
        it under this Act and which is determined under 
        guidance under section 402(a) not to be releasable to 
        the wild, the Secretary shall issue the permit to the 
        person requesting the permit if that person--
                  (A) meets the requirements of clauses (i), 
                (ii), and (iii) of paragraph (2)(A), in the 
                case of a request for a permit under paragraph 
                (2);
                  (B) meets the requirements of paragraph (3), 
                in the case of a request for a permit under 
                that paragraph; or
                  (C) meets the requirements of paragraph (4), 
                in the case of a request for a permit under 
                that paragraph.
          (8)(A) No additional permit or authorization shall be 
        required to possess, sell, purchase, transport, export, 
        or offer to sell or purchase the progeny of marine 
        mammals taken or imported under this subsection, if 
        such possession, sale, purchase, transport, export, or 
        offer to sell or purchase is--
                  (i) for the purpose of public display, and by 
                or to, respectively, a person which meets the 
                requirements of clauses (i), (ii), and (iii) of 
                paragraph (2)(A);
                  (ii) for the purpose of scientific research, 
                and by or to, respectively, a person which 
                meets the requirements of paragraph (3); or
                  (iii) for the purpose of enhancing the 
                survival or recovery of a species or stock, and 
                by or to, respectively, a person which meets 
                the requirements of paragraph (4).
          (B)(i) A person which has a permit under paragraph 
        (2), or a person exercising rights under paragraph 
        (2)(C), which has possession of a marine mammal that 
        gives birth to progeny shall--
                  (I) notify the Secretary of the birth of such 
                progeny within 30 days after the date of birth; 
                and
                  (II) notify the Secretary of the sale, 
                purchase, or transport of such progeny no later 
                than 15 days before such action.
          (ii) The Secretary may only require notification 
        under clause (i) to include the information required 
        for the inventory established under paragraph (10).
          (C) Any progeny of a marine mammal born in captivity 
        before the date of the enactment of the Marine Mammal 
        Protection Act Amendments of 1994 and held in captivity 
        for the purpose of public display shall be treated as 
        though born after that date of enactment.
          (9) No marine mammal may be exported for the purpose 
        of public display, scientific research, or enhancing 
        the survival or recovery of a species or stock unless 
        the receiving facility meets standards that are 
        comparable to the requirements that a person must meet 
        to receive a permit under this subsection for that 
        purpose.
          (10) The Secretary shall establish and maintain an 
        inventory of all marine mammals possessed pursuant to 
        permits issued under paragraph (2)(A), by persons 
        exercising rights under paragraph (2)(C), and all 
        progeny of such marine mammals. The inventory shall 
        contain, for each marine mammal, only the following 
        information which shall be provided by a person holding 
        a marine mammal under this Act:
                  (A) The name of the marine mammal or other 
                identification.
                  (B) The sex of the marine mammal.
                  (C) The estimated or actual birth date of the 
                marine mammal.
                  (D) The date of acquisition or disposition of 
                the marine mammal by the permit holder.
                  (E) The source from whom the marine mammal 
                was acquired including the location of the take 
                from the wild, if applicable.
                  (F) If the marine mammal is transferred, the 
                name of the recipient.
                  (G) A notation if the animal was acquired as 
                the result of a stranding.
                  (H) The date of death of the marine mammal 
                and the cause of death when determined.
  (d)(1) The Secretary shall prescribe such procedures as are 
necessary to carry out this section, including the form and 
manner in which application for permits may be made.
  (2) The Secretary shall publish notice in the Federal 
Register of each application made for a permit under this 
section. Such notice shall invite the submission from 
interested parties, within thirty days after the date of the 
notice, of written data or views, with respect to the taking or 
importation proposed in such application.
  (3) The applicant for any permit under this section must 
demonstrate to the Secretary that the taking or importation of 
any marine mammal under such permit will be consistent with the 
purposes of this Act and the applicable regulations established 
under section 103 of this title.
  (4) If within thirty days after the date of publication of 
notice pursuant to paragraph (2) of this subsection with 
respect to any application for a permit any interested party or 
parties request a hearing in connection therewith, the 
Secretary may, within sixty days following such date of 
publication, afford to such party or parties an opportunity for 
such a hearing.
  (5) As soon as practicable (but not later than thirty days) 
after the close of the hearing or, if no hearing is held, after 
the last day on which data, or views, may be submitted pursuant 
to paragraph (2) of this subsection, the Secretary shall (A) 
issue a permit containing such terms and conditions as he deems 
appropriate, or (B) shall deny issuance of a permit. Notice of 
the decision of the Secretary to issue or to deny any permit 
under this paragraph must be published in the Federal Register 
within ten days after the date of issuance or denial.
  (6) Any applicant for a permit, or any party opposed to such 
permit, may obtain judicial review of the terms and conditions 
of any permit issued by the Secretary under this section or of 
his refusal to issue such a permit. Such review, which shall be 
pursuant to chapter 7 of Title 5, United States Code, may be 
initiated by filing a petition for review in the United States 
district court for the district wherein the applicant for a 
permit resides, or has his principal place of business, or in 
the United States District Court for the District of Columbia, 
within sixty days after the date on which such permit is issued 
or denied.
  (e)(1) The Secretary may modify, suspend, or revoke in whole 
or part any permit issued by him under this section--
          (A) in order to make any such permit consistent with 
        any change made after the date of issuance of such 
        permit with respect to any applicable regulation 
        prescribed under section 103 of this title,
          (B) in any case in which a violation of the terms and 
        conditions of the permit is found, or
          (C) if, in the case of a permit under subsection 
        (c)(5) authorizing importation of polar bear parts, the 
        Secretary, in consultation with the appropriate 
        authority in Canada, determines that the sustainability 
        of Canada's polar bear population stocks are being 
        adversely affected or that sport hunting may be having 
        a detrimental effect on maintaining polar bear 
        population stocks throughout their range.
  (2) Whenever the Secretary shall propose any modification, 
suspension, or revocation of a permit under this subsection, 
the permittee shall be afforded opportunity, after due notice, 
for a hearing by the Secretary with respect to such proposed 
modification, suspension, or revocation. Such proposed action 
by the Secretary shall not take effect until a decision is 
issued by him after such hearing. Any action taken by the 
Secretary after such a hearing is subject to judicial review on 
the same basis as is any action taken by him with respect to a 
permit application under paragraph (5) of subsection (d) of 
this section.
  (3) Notice of the modification, suspension, or revocation of 
any permit by the Secretary shall be published in the Federal 
Register within ten days from the date of the Secretary's 
decision.
  (f) Any permit issued under this section must be in the 
possession of the person to whom it is issued (or an agent of 
such person) during--
          (1) the time of the authorized or taking importation;
          (2) the period of any transit of such person or agent 
        which is incident to such taking or importation; and
          (3) any other time while any marine mammal taken or 
        imported under such permit is in the possession of such 
        person or agent.
A duplicate copy of the issued permit must be physically 
attached to the container, package, enclosure, or other means 
of containment, in which the marine mammal is placed for 
purposes of storage, transit, supervision, or care.
  (g) The Secretary shall establish and charge a reasonable fee 
for permits issued under this section.
  (h) General Permits.--
          (1) Consistent with the regulations prescribed 
        pursuant to section 103 of this title and to the 
        requirements of section 101 of this title, the 
        Secretary may issue an annual permit to a United States 
        purse seine fishing vessel for the taking of such 
        marine mammals, and shall issue regulations to cover 
        the use of any such annual permits.
          (2) Such annual permits for the incidental taking of 
        marine mammals in the course of commercial purse seine 
        fishing for yellowfin tuna in the eastern tropical 
        Pacific Ocean shall be governed by section 306 of this 
        Act, subject to the regulations issued pursuant to 
        section 303 of this Act.

           *       *       *       *       *       *       *

                            DISSENTING VIEWS

    H.R. 224 directs the Department of Interior to issue 
permits for the importation of a polar bear part from a bear 
taken in a sport hunt in Canada to any permit applicant who has 
submitted proof that the polar bear was legally harvested by 
the applicant before the polar bear was listed as a threatened 
species under the Endangered Species Act (ESA).
    Prior to the polar bear being listed under the ESA, 
Congress amended the Marine Mammal Protection Act (MMPA) to 
allow polar bear parts taken in sport hunts in Canada to be 
imported into the United States under certain circumstances. 
However, once the species was listed as threatened under the 
ESA in 2008, the species automatically obtained a ``depleted'' 
status under the MMPA. This designation allowed for increased 
protections, meaning the species can no longer be imported into 
the United States, unless the importation is likely to enhance 
the species' survival. The Marine Mammal Commissions determined 
that enhancement permits are not warranted for the polar bear.
    There were approximately 40 polar bears that were killed 
immediately prior to the ESA listing in 2008. The individuals 
that killed these bears submitted their permit applications but 
had not received approval before the listing went into effect 
in 2008. These individuals believe that they complied with all 
the requirements of the law for importing trophies, and 
therefore should not be penalized. However, the trophy hunting 
community was aware that the ESA listing would take place for 
more than 16 months prior to its effective date, and trophy 
hunters were repeatedly warned by federal agencies and hunting 
associations that the final listing would cut off imports 
immediately.
    In addition, H.R. 224 would allow trophy hunters who submit 
a new permit application and proof that a polar bear was 
legally harvested by the person before February 18, 1997 to 
import polar bears into the United States. It is unclear how 
many polar bear trophies could be imported into the United 
States under this exemption. In 2003, Congress amended the MMPA 
to expand the period for allowing grandfathered polar bear 
trophy imports and allow the U.S. Fish and Wildlife Service to 
accept applications from hunters for permits to import polar 
bear trophies legally taken prior to February 18, 1997 from 
Nunavut or Northwest Territories, Canada. Prior to the 2003 
amendment, polar bear trophies from deferred populations could 
only be imported if taken prior to April 30, 1994. All polar 
bear trophy imports taken after February 18, 1997 were required 
to come from approved populations.
    We are concerned that H.R. 224 would undermine the general 
application of the prohibition on importation of any 
``depleted'' animal under the MMPA and would establish a 
precedent and provide an incentive for other trophy hunters to 
seek similar exemptions for other prospective hunts. 
Furthermore, on June 18, 2013, the U.S. Court of Appeals for 
the D.C. Circuit ruled against allowing hunters to import 
animals from the Canadian Arctic that were killed prior to the 
ESA designation, saying that the Marine Mammal Protection Act 
protects animals that were killed before additional protections 
were granted. For these reasons, we cannot support the bill.
                                   Raul M. Grijalva,
                                           Ranking Member,
                                           House Committee on Natural 
                                               Resources.
                                   Nydia M. Velazquez.

                                  [all]
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