ELR Citation: 43 ELR 20132
No(s). 11-5353 (D.C. Cir. Jun 18, 2013)

The D.C. Circuit upheld FWS's determination that sport-hunted polar bear "trophies" may no longer be imported into the United States under the Marine Mammals Protection Act (MMPA) as of the effective date of the ESA listing rule for the species. In May 2008, FWS determined threatened status for the polar bear under the ESA. Because the MMPA generally prohibits the import of marine mammal species that FWS has designated as "depleted," FWS also determined that polar bear trophies and hides may no longer be imported into the United States. A hunting group and several individuals filed suit challenging FWS' determination, but a district court rejected their claims. The D.C. Circuit affirmed the lower court's ruling. The MMPA mandates FWS' conclusion that sport-hunted polar bear trophies are no longer eligible for import as a result of the species' depleted status. Nor is sport hunting among the narrow, enumerated exceptions to the MMPA's ban on taking and importing depleted marine mammals. In addition, the court dismissed the group's procedural challenges. Where, as here, an ESA listing results in a depleted designation under the MMPA but entails no "determination" to that effect, the procedural requirements of MMPA §115(a) do not apply. And the proposed listing rule for the polar bear provided adequate notice that FWS was designating the polar bear as a depleted marine mammal under the MMPA.