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Appendix A—Background<br />

conservation and harvest practices (Treseder<br />

and Carpenter 1989; Nageak et al. 1991).<br />

In Canada, recommendations and decisions<br />

from the I-I Commissioners are implemented<br />

through Community <strong>Polar</strong> <strong>Bear</strong> Management<br />

Agreements, Inuvialuit Settlement Region<br />

Community Bylaws, and NWT Big Game<br />

Regulations. In the United States, the I-I<br />

Agreement is implemented at the local level.<br />

Adherence to the agreement’s terms in Alaska<br />

is voluntary, and levels of compliance may vary.<br />

• Agreement between the United States of<br />

America and the Russian Federation on<br />

the Conservation and Management of the<br />

Alaska—Chukotka <strong>Polar</strong> <strong>Bear</strong> Population<br />

(Bilateral Agreement). In October 16, 2000,<br />

the United States and the Russian Federation<br />

signed a bilateral agreement for the conservation<br />

and management of polar bear subpopulations<br />

shared between the two countries.<br />

The Bilateral Agreement expands upon the<br />

progress made through the multilateral<br />

1973 Agreement by implementing a unified<br />

conservation program for this shared population.<br />

Beginning in 2007, parties to the treaty<br />

established a joint U.S.-Russia Commission<br />

responsible for making management decisions<br />

concerning polar bears in the Alaska-Chukotka<br />

region. The Commission is composed of a<br />

Native and federal representative from each<br />

country. The Commissioners have appointed a<br />

scientific working group (SWG) and tasked this<br />

SWG with a number of objectives, with the top<br />

priority being identifying a sustainable harvest<br />

level for the Alaska-Chukotka population.<br />

In response to this initiative, the SWG provided<br />

the Commission with a peer-reviewed report of<br />

their recommendations regarding harvest and<br />

future research needs. At a meeting in June 2010,<br />

the Commission decided to place an upper limit<br />

on harvest from the CS population of 19 female<br />

and 39 male (for a total of 58) polar bears per year<br />

based on the recommendation of the SWG and<br />

subsistence needs. Harvest will be split evenly<br />

between Native peoples of Alaska and Chukotka.<br />

The Service and the Alaska Nanuuq Commission<br />

(ANC) will work in partnership with local communities<br />

to implement the harvest quota.<br />

• Memorandum of Understanding between<br />

Environment Canada and the United States<br />

Department of the Interior Concerning the<br />

Conservation and Management of Shared<br />

<strong>Polar</strong> <strong>Bear</strong> Populations. In May 2008, the<br />

Canadian Minister of Environment and<br />

the U.S. Secretary of the Interior signed a<br />

Memorandum of Understanding to facilitate<br />

and enhance coordination, cooperation, and<br />

the development of partnerships between the<br />

Participants, and with other associated and<br />

interested entities, regarding the conservation<br />

and management of polar bears and to<br />

provide a framework for the development<br />

and implementation of mutually agreeable<br />

immediate, interim, and long-term actions<br />

that focus on specific components of polar bear<br />

conservation.<br />

• The Convention on International Trade<br />

in Endangered Species of Wild Fauna<br />

and Flora (CITES) is a treaty designed<br />

to protect animal and plant species at risk<br />

from international trade. CITES regulates<br />

international wildlife trade by listing species<br />

in one of its three appendices; the level of<br />

monitoring and regulation to which an animal<br />

or plant species is subject depends on the<br />

appendix in which it is listed. <strong>Polar</strong> bears were<br />

listed in Appendix II of CITES on July 7,<br />

1975. As such, CITES parties must determine,<br />

among other things, that any polar bear,<br />

polar bear part, or product made from polar<br />

bear is legally obtained and that the export<br />

will not be detrimental to the survival of the<br />

species, prior to issuing a permit authorizing<br />

the export of the animal, part, or product. All<br />

five range states are CITES signatories and<br />

have the required Scientific and Management<br />

Authorities. CITES is effective in regulating<br />

the international trade in polar bear parts and<br />

products, and provides conservation measures<br />

to minimize that potential threat to the species.<br />

B. Domestic Regulatory Mechanisms<br />

• The Marine Mammal Protection Act<br />

(MMPA) was enacted on October 21, 1972.<br />

All marine mammals, including polar bears,<br />

are protected under the MMPA. The MMPA<br />

prohibits, with certain exceptions, the “take”<br />

of marine mammals in U.S. waters and by U.S.<br />

citizens on the high seas, and the importation<br />

of marine mammals and marine mammal<br />

products into the U.S. (http://www.nmfs.noaa.<br />

gov/pr/laws/mmpa/).<br />

Passage of the MMPA in 1972 established a<br />

moratorium on sport and commercial hunting<br />

of polar bears in Alaska. However, the MMPA<br />

exempts harvest, conducted in a non-wasteful<br />

manner, of polar bears by coastal dwelling Alaska<br />

Natives for subsistence and handicraft purposes.<br />

The MMPA and its implementing regulations<br />

also prohibit the commercial sale of any marine<br />

mammal parts or products except those that<br />

qualify as authentic articles of handicrafts or<br />

clothing created by Alaska Natives.<br />

Section 119 of the MMPA was added to allow the<br />

Secretary to “enter into cooperative agreement<br />

with Alaska Native organizations to conserve<br />

marine mammals and provide co-management<br />

78 <strong>Polar</strong> <strong>Bear</strong> Conservation Management Plan

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