168 



of the MMPA general statements of policy that promote habitat 

 protection for all species and stocks. The most obvious of 

 these is the inclusion of important habitat areas in protected 

 areas that are off-limits, at least seasonally, to activities 

 that could adversely affect polar bears. Such protection 

 currently is provided in various locations in the Arctic by 

 the Bering Land Bridge National Preserve, Cape Krusenstern 

 National Monument, and Arctic National Wildlife Refuge. 



Another possibility is the use of the MMPA's rulemaking 

 authority to designate protected zones for the purpose of 

 preserving habitat. Although an argument can be made that 

 such authority exists in section 112(a) of the MMPA, 351 it has 

 been used for this purpose only twice, — by FWS to protect 

 manatees by designating speed boat zones in Florida waters and 

 by the National Park Service to establish cruise ships limits 

 and restricted areas in Glacier Bay. In both instances, 

 however, the MMPA's rulemaking power was used in conjunction 

 with other legal authorities. Moreover, both sets of 

 regulations were established to prevent takes from occurring, 

 not to protect habitat itself. In the November 1993 

 incidental take regulations for the Beaufort Sea and adjacent 

 coast, FWS suggests that there is authority to implement the 



Polar Bear Habitat Conservation Strategy, but the source of 



that authority is not identified. 352 



'16 U.S.C. S 1382(d) 



109901 -970O/DA93O320 016) -131- 



