29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–202 

POLAR BEAR CONSERVATION AND FAIRNESS ACT OF 

2013 

SEPTEMBER 10, 2013.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 1818] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1818) 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, 

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. 1818 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

The Marine Mammal Protection Act (MMPA) was enacted in 

1972 to ensure that marine mammals are maintained at, or in 

some cases restored to, healthy population levels. The original Act 

established a moratorium on the taking or importing of marine 

mammals and marine mammal products except for certain activimstockstill on DSK4VPTVN1PROD with HEARINGS

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ties which are regulated and permitted. The MMPA defines ‘‘take’’ 

as ‘‘to harass, hunt capture, or kill or attempt to harass, hunt, capture, or kill any marine mammal.’’ 

Under the MMPA, jurisdiction over marine mammals in the wild 

is split between two agencies: 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 a number of times, with the last 

and most extensive amendments occurring in 1994. The 1994 

amendments to the MMPA 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 taken 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 are consistent with the provisions of the Convention on the International Trade in Endangered 

Species. The Secretary of the Interior was also authorized to charge 

a permit fee up to $1,000 for each trophy import application. The 

collected fees were authorized to be 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. 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. 

On May 15, 2008, the Secretary of the Interior listed the worldwide polar bear population as threatened under the Endangered 

Species Act (ESA). Threatened and endangered marine mammals 

are considered depleted species under the MMPA and the Act 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 trophies. 

H.R. 1818 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 the U.S.-Russia Polar Bear Conservation Fund to support conservation activities for the shared 

U.S.-Russia polar bear population. 

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COMMITTEE ACTION

H.R. 1818 was introduced on April 26, 2013, by Congressman 

Don Young (R–AK). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

Fisheries, Wildlife, Oceans and Insular Affairs. On July 25, 2013, 

the Subcommittee held a hearing on the bill. On July 31, 2013, the 

full Natural Resources Committee met to consider the bill. The 

Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs 

was discharged by unanimous consent. No amendments were offered, and the bill was then adopted and ordered favorably reported 

to the House of Representatives by unanimous consent. 

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 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1818—Polar Bear Conservation and Fairness Act of 2013 

H.R. 1818 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. 

Based on information from the U.S. Fish and Wildlife Service, 

CBO estimates that processing and issuing the roughly 40 permits 

that would be affected by the legislation would have a negligible 

impact on the federal budget. Enacting H.R. 1818 would not affect 

direct spending or revenues; therefore, pay-as-you-go procedures do 

not apply. 

H.R. 1818 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representamstockstill on DSK4VPTVN1PROD with HEARINGS

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tives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. Based on information from the U.S. Fish and 

Wildlife Service, CBO estimates that processing and issuing the 

roughly 40 permits that would be affected by the legislation would 

have a negligible impact on the federal budget. 

3. 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. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

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, 

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 

* * * * * * * 

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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— 

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(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). 

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(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 

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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 

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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 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 of 2013. 

(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 harassmstockstill on DSK4VPTVN1PROD with HEARINGS

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ment, 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 informamstockstill on DSK4VPTVN1PROD with HEARINGS

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tion 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. 

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(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 

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13 

governed by section 306 of this Act, subject to the regulations 

issued pursuant to section 303 of this Act. 

* * * * * * * 

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(14) 

ADDITIONAL VIEWS 

H.R. 1818 directs the Secretary of the Interior to issue a permit 

for the importation of polar bear trophies taken in a sport hunt in 

Canada, if legally harvested before May 15, 2008—the date of the 

polar bear’s threatened listing under the Endangered Species Act. 

This legislation would provide an exception to the Marine Mammal 

Protection Act’s prohibition on trade in marine mammal parts. At 

issue is the importation of approximately 40 polar bears that were 

killed in April and May of 2008. The individuals that killed the 

bears believe that they complied with all the requirements of the 

law for importing their trophies and had submitted their permit 

applications, but were unable to get their permits approved before 

the listing went into effect on May 15, 2008. They have not been 

allowed to import the trophies into the United States. 

A similar bill which we opposed passed the House in the 112th 

Congress as part of H.R. 4089, the Sportsmen’s Heritage Act. We 

were concerned that bill would have established a precedent and 

provided an incentive for other trophy hunters to seek similar exemptions for their own prospective hunts despite the fact that the 

species has now been listed. However this year’s version significantly narrows the universe of polar bear parts that could be imported by making eligible only those trophies for which an application was submitted before the date of Endangered Species Act listing. The U.S. Fish and Wildlife Service supports H.R. 1818, and we 

believe the bill is a fair compromise to remedy a unique and difficult situation. It should not set a precedent for taking lightly exemptions to trade in protected species. 

PETER DEFAZIO, 

Ranking Member, Committee 

on Natural Resources. 

GREGORIO KILILI CAMACHO

SABLAN, 

Ranking Member, Subcommittee on Fisheries, 

Wildlife, Oceans, and Insular Affairs. 

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