79–006 

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 juVerDate Sep 11 2014 23:50 Jun 18, 2018 Jkt 079006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR735.XXX HR735

lotter on DSKBCFDHB2PROD with REPORTS
2 

1 16 U.S.C Chapter 31. 

2 United States Fish and Wildlife Service, Division of Management Authority. Importing Your 

Polar Bear Sport-Hunted Trophy. 3P. (2016, June 13). The truth about polar bears. Retrieved from https:// 

www.canadiangeographic.ca/article/truth-about-polar-bears. 4Mimms, 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-withour-dead-polar-bears/450339/. 

risdiction 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

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

On May 15, 2008, the Secretary of the Interior listed the worldwide 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 


lotter on DSKBCFDHB2PROD with REPORTS
3 

$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, 


lotter on DSKBCFDHB2PROD with REPORTS
4 

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, 


lotter on DSKBCFDHB2PROD with REPORTS
5 

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; 


lotter on DSKBCFDHB2PROD with REPORTS
6 

(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 


lotter on DSKBCFDHB2PROD with REPORTS
7 

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. 


lotter on DSKBCFDHB2PROD with REPORTS
8 

(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 


lotter on DSKBCFDHB2PROD with REPORTS
9 

(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. 

ø(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 sporthunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations. 


lotter on DSKBCFDHB2PROD with REPORTS
10 

(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 


lotter on DSKBCFDHB2PROD with REPORTS
11 

(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 apVerDate Sep 11 2014 23:50 Jun 18, 2018 Jkt 079006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\HR735.XXX HR735

lotter on DSKBCFDHB2PROD with REPORTS
12 

plication 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; 


lotter on DSKBCFDHB2PROD with REPORTS
13 

(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. 

* * * * * * * 


lotter on DSKBCFDHB2PROD with REPORTS
(14) 

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 


lotter on DSKBCFDHB2PROD with REPORTS
15 

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. 

RAU ́ L M. GRIJALVA, Ranking Member, 

House Committee on Natural 

Resources. 

NYDIA M. VELA ́ ZQUEZ. 

Æ 


lotter on DSKBCFDHB2PROD with REPORTS