153 



U.S. Obligations Under the Agreement on the Conservation of Polar Bears 



The Agreement on the Conservation of Polar Bears was formally ratified by the 

 U.S. Senate in 1976. Five Arctic nations are signatory to this treaty: the United States, 

 Canada, Russia, Norway and Denmark. The treaty was prompted by concern that, 

 without immediate international action, the polar bear might become endangered. 

 Through their participation in the Agreement, Arctic nations assumed a number 

 obligations, including restrictions of the taking polar bears and habitat protection. The 

 obligation of signatory nations to protect polar bear habitat is contained in Article II, 

 which states: 



Each Contracting Party shall take appropriate action to protect the 

 ecosystems of which polar bears are a part, with special attention to habitat 

 components such as denning and feeding sites and migration patterns, and 

 shall manage polar bear populations in accordance with sound conservation 

 practices based on the best available scientific data. 



A December 1993 legal review conducted for the Marine Mammal Commission 

 (MMC) entitled Reconciling the Legal Mechanisms to Protect and Manage Polar Bears 

 Under United States Laws and the Agreement to Protect Polar Bears notes that Article 

 II establishes "three obligations" on the part of signatory nations: 



1) to take "appropriate action to protect the ecosystem of which polar 

 bears are a part;" 



2) to give "special attention to habitat components such as denning and 

 feeding sites and migration patterns;" and 



3) to manage polar bear populations in accordance with "sound 

 conservation practices" based on the best available scientific data. 20 



According to the MMC Legal Review : 



[T]he ecosystem and habitat requirements of Article II go beyond the protection 

 of the area actually occupied by bears. Instead, it applies to all components of 

 the Arctic environment. The Agreement makes the protection of these areas a 

 mandatory duty. It appears, however, by providing that "appropriate action" 

 should be taken to protect these areas, the parties intended this concept to be a 



20 D. Baur, Reconciling Ihc Lcy.nl Mechanisms to Protect and Manage Polar Bears Under United 

 Slates Laws and the Agreement for the Conservation of Polar Bears (1993) (" MMC Legal Review ") at 42. 

 NOTE: Excerpts from this document are included as an attachment to this statement. 



