Polar bears

Reviewing The Marine Mammal Protection Act Through a Modern Lens

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I. Introduction 

In the late 1960s and early 1970s, growing public outcry to environmental changes pushed legislators to enact the Clean Water Act and Clean Air Act. The primary focus was on improving the welfare of the general public, forcing industry and public entities to curtail pollution. That foundation of ensuring general welfare was expanded to protect endangered species through the Endangered Species Act of 1973. In 1972, the legislature expanded the welfare reach to marine mammals through the Marine Mammal Protection Act of 1972 (hereinafter “MMPA”).

RECONCILING POLAR BEAR PROTECTION UNDER UNITED STATES LAWS AND THE INTERNATIONAL AGREEMENT FOR THE CONSERVATION OF POLAR BEARS

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Summary: This article outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. It also points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

This article outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. It also points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

US - Marine Mammals- Marine Mammal Protection Act

Summary: The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals. Included in the MMPA are provisions to protect dolphins from ocean vessels that harvest tuna with purse seine nets; provisions to protect polar bear; provisions that establish the Marine Mammal Commission and that agency's duties; and provisions for the Marine Mammal Health and Stranding Response Program, including funding for standing response and unusual mortality events. The Act's 1972 Legislative History is also included.

The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals. Included in the MMPA are provisions to protect dolphins from ocean vessels that harvest tuna with purse seine nets; provisions to protect polar bear; provisions that establish the Marine Mammal Commission and that agency's duties; and provisions for the Marine Mammal Health and Stranding Response Program, including funding for standing response and unusual mortality events. The Act's 1972 Legislative History is also included.

Polar Bears

Brief Summary of Laws Affecting Polar Bears
Sarah Morgan (2007)

 

Polar bears are the largest land carnivores in North America. In the wild, they are only found in the Arctic, in the United States, Russia, Greenland, Canada, and Norway. The worldwide population is estimated to be around 22,000-27,000 individuals.

Multilateral Conservation of Polar Bears Agreement done at Oslo November 15, 1973

Summary:

This 1973 agreement between the governments of Canada, Denmark, Norway, USSR, and the United States recognizes the responsibilities of the circumpolar countries for coordination of actions to protect polar bears. The agreement commits the signatories to manage polar bear populations in accordance with sound conservation practices; prohibits hunting, killing, and capturing bears except for limited purposes and by limited methods, and commits all parties to protect the ecosystems of polar bears, especially denning and feeding areas and migration corridors. The agreement was signed by the United States on November 15, 1973, ratified on September 30, 1976, and entered into force in this country on November 1, 1976.

This 1973 agreement between the governments of Canada, Denmark, Norway, USSR, and the United States recognizes the responsibilities of the circumpolar countries for coordination of actions to protect polar bears. The agreement commits the signatories to manage polar bear populations in accordance with sound conservation practices; prohibits hunting, killing, and capturing bears except for limited purposes and by limited methods, and commits all parties to protect the ecosystems of polar bears, especially denning and feeding areas and migration corridors. The agreement was signed by the United States on November 15, 1973, ratified on September 30, 1976, and entered into force in this country on November 1, 1976.

MO - Exotic - Chapter 578. Miscellaneous Offenses. Large Carnivores

Summary: The “Large Carnivore Act” pertains to large cats and bears that are nonnative to Missouri and held in captivity. The Act prohibits ownership, possession, breeding, and transportation of large carnivores (with exceptions). The Act creates civil and criminal liability for persons who own or possess a large carnivore. Violations may result in misdemeanor or felony convictions, community service work, the loss of privileges to own or possess any animal, and forfeiture of a large carnivore.

The “Large Carnivore Act” pertains to large cats and bears that are nonnative to Missouri and held in captivity. The Act prohibits ownership, possession, breeding, and transportation of large carnivores (with exceptions). The Act creates civil and criminal liability for persons who own or possess a large carnivore. Violations may result in misdemeanor or felony convictions, community service work, the loss of privileges to own or possess any animal, and forfeiture of a large carnivore.

In re Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation-MDL No.1993 United States Court of Appeals, District of Columbia Circuit.

Summary:

Hunters and hunting organizations sued the Secretary of Interior, the Director of the U.S. Fish and Wildlife Service, and the Service itself after the Service listed the polar bear as a threatened species under the Endangered Species Act (ESA) and barred the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA). On appeal, the appeals court affirmed the lower court’s decision to grant the defendants' motion of summary judgment.

Hunters and hunting organizations sued the Secretary of Interior, the Director of the U.S. Fish and Wildlife Service, and the Service itself after the Service listed the polar bear as a threatened species under the Endangered Species Act (ESA) and barred the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA). On appeal, the appeals court affirmed the lower court’s decision to grant the defendants' motion of summary judgment.

In re Polar Bear Endangered Species Act Listing and § 4(d) Rule Litigation

Summary:

Plaintiffs Safari Club International and Safari Club International Foundation brought this action under the APA challenging the FWS's legal determination that the listing of the Polar Bear as "threatened" under the Endangered Species Act was a final agency action. At issue here is defendants' Motion for Judgment on the Pleadings on the grounds that plaintiffs fail to challenge a final agency action as required for judicial review under the APA. Alternatively, defendants argue that the plaintiffs lack standing to bring this action. This Court found that the action challenged by SCI and SCIF is final agency action for purposes of judicial review pursuant to the APA. On the issue of standing, defendants argue that plaintiffs' suit must be dismissed for lack of standing because plaintiffs have not alleged facts to establish that they have suffered an injury-in-fact. The court disagreed, finding that the plaintiffs have sufficiently pleaded that the “procedures in question” threaten a “concrete interest" - an interest in conservation that is impacted by the import ban. Defendants Motion for Judgment on the Pleadings was denied.

Plaintiffs Safari Club International and Safari Club International Foundation brought this action under the APA challenging the FWS's legal determination that the listing of the Polar Bear as "threatened" under the Endangered Species Act was a final agency action. At issue here is defendants' Motion for Judgment on the Pleadings on the grounds that plaintiffs fail to challenge a final agency action as required for judicial review under the APA. Alternatively, defendants argue that the plaintiffs lack standing to bring this action. This Court found that the action challenged by SCI and SCIF is final agency action for purposes of judicial review pursuant to the APA. On the issue of standing, defendants argue that plaintiffs' suit must be dismissed for lack of standing because plaintiffs have not alleged facts to establish that they have suffered an injury-in-fact. The court disagreed, finding that the plaintiffs have sufficiently pleaded that the “procedures in question” threaten a “concrete interest" - an interest in conservation that is impacted by the import ban. Defendants Motion for Judgment on the Pleadings was denied.