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the definition of "take" in the MMPA to add the prohibited act 

 of "harming" marine mammals. Under the Endangered Species 

 Act, "harm" has been construed to include destruction or 

 degradation of habitat, and this prohibition could be carried 

 forward to the MMPA. In addition, the rulemaking authority of 

 the MMPA could be amended to authorize the Secretary to 

 designate protected areas where activities that would 

 adversely affect poiar bears (or other marine mammals) would 

 be prohibited or restricted such as, for example, to prevent 

 depletion. Finally, efforts could be made to strengthen the 

 implementation of existing laws that apply to habitat 

 protection, such as the Outer Continental Shelf Lands Act. 



In addition to providing for habitat protection, the MMPA 

 could be brought into conformance with the Polar Bear 

 Agreement by prohibiting the following: the use of aircraft 

 and large motorized vessels to take polar bears, including by 

 Alaska Natives; the taking of cubs and females with cubs, 

 including by Alaska Natives (if desired to conform with the 

 non-binding Resolution to the Agreement) ; the taking of polar 

 bears from the wild for public display purposes; and lethal 

 incidental take. Finally, the MMPA could be strengthened to 

 more fully effectuate the Agreement by imposing affirmative 

 duties on the federal government to take the necessary actions 

 to protect polar bears (as well as other marine mammals) . 

 Such a requirement exists in the Endangered Species Act and 

 other environmental laws, and it could be carried forward to 



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