Summary DRAFT ASSESSMENT OF THE ENVIRONMENTAL CONSEQUENCES OF GUIDELINES FOR THE SAFE DETERRENCE OF POLAR BEARS

• Other Authors: The Pennsylvania State University CiteSeerX Archives
• Format: Text
• Language: English
• Subjects: Ursus maritimus
• Online Access: http://citeseerx.ist.psu.edu/viewdoc/summary?doi=10.1.1.174.159; http://alaska.fws.gov/fisheries/mmm/polarbear/pdf/draft_nepa_ea.pdf

The deterrence provisions of the 1994 amendments to the Marine Mammal Protection Act of 1972, as amended (MMPA) provide an exception to otherwise prohibited acts for the use of measures that may deter a marine mammal from, amongst other things, damaging private property or endangering personal safety [Section 101(a)(4)(A)(ii) and (iii), respectively], so long as such acts of deterrence do not result in the death or serious injury of a marine mammal. The amendments further instruct the Secretary to publish in the Federal Register a list of guidelines for use in safely deterring marine mammals. Section 101(a)(4)(B) further directs the Service to recommend specific measures that may be used to nonlethally deter marine mammals, including marine mammals listed as endangered or threatened under the Endangered Species Act of 1973 (ESA). The Service listed the polar bear (Ursus maritimus) as a threatened species under the ESA on May 15, 2008 (73 FR 82212) and published a final special rule under Section 4(d) of the ESA for the polar bear on December 16, 2008 (73 FR 76249). At the time of the listing, the Service issued an interim final rule under section 4(d) of the ESA for the polar bear. That interim rule, later finalized at 73 FR 76249, provided that activities authorized or exempted under the MMPA may not be considered as violations under the ESA or its implementing