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The following excerpt is from the report section entitled 

 "Reconciling United States Laws and the Polar Bear Agreement" 



5. Habitat and Ecosystem Protection 



There are a variety of legal measures available to the 

 United States to protect polar bear habitat. MMPA regulations 

 and letters of authorization issued under section 101(a)(5) 

 can prohibit or restrict activities in important habitat areas 

 if they would involve the take of polar bears. Because the 

 greatest threat to polar bear habitat results from the 

 Harassment of bears in denning areas, taking restrictions 

 under section 101(a)(5) might address a major concern under 

 Article II of the Agreement. OCSLA leases, exploration 

 permits, and development plan authorizations could be 

 conditioned in the same way. National Environmental Policy 

 Act reviews can identify threats to polar bear habitats, and 

 any resulting decisions can be appropriately tailored to avoid 

 such impacts. Finally, the CZMA can be applied to restrict 

 development in coastal areas that would harm such habitat. 



Despite these available mechanisms, the United States 

 lacks any legal authority that confronts polar bear 

 habitat/ecosystem protection head on. All of the above-cited 

 authorities are preventative in nature; they do not provide 

 affirmative means or duties to protect polar bear habitat and 

 the ecosystem of which it is part. Thus, although it cannot 

 be said that the United States has failed to comply with the 

 Agreement to date by allowing polar bear habitat to be 

 adversely impacted, neither can it be said that the United 



(0990I-9700/DA930J20.0I6I -129- 12/KVW 



