Congress has addressed the regulations. A provision of the omnibus appropriations bill of 2009 ( H.R. 1105 ) would authorize the Secretary of the Interior to withdraw or reissue the regulation "without regard to any provision of statute or regulation." highlights the intersection of two significant issues currently before Congress—climate change and species protection. Listing decisions must rest solely on the best available scientific understanding of the species. For this species, a major threat is loss of its primary habitat on the Arctic sea ice, an ecosystem that is changing rapidly. Globally, less than one-third of the world's 19 polar bear populations are known to be declining, and more than one-third are increasing or stable. In the remaining third, data are insufficient to estimate population trends and their status has not been assessed. Scientists have observed that, in recent decades, the extent of Arctic sea ice has declined significantly, and indicate that the reduction results from climate warming: annual ice break-up in many areas is occurring earlier and freeze-up later. Arctic sea ice is experiencing a continuing decline that, it is thought, may not easily be reversed, and some models project that Arctic late summer (September) sea ice could disappear completely by mid-century. Although some scientists predict the extinction of polar bears under potential climate change scenarios, not all sea-ice changes would harm polar bears. Contaminants

Three main groups of contaminants are implicated as potentially threatening polar bears—petroleum hydrocarbons, persistent organic pollutants, and heavy metals. Subsistence and Sport Harvest

The United States allows limited subsistence harvest of polar bears by Alaska Natives. In Canada, Native Inuit hunters are permitted to allocate a limited portion of the subsistence harvest to sport hunters. Under 1994 amendments to the MMPA, U.S. citizens may obtain permits to import sport-harvested polar bear trophies from Canada, if taken under quotas scientifically designed to ensure the maintenance of the affected population at a sustainable level. The U.S. permit issuance fee for sport-hunted polar bear trophies is $1,000. The Listing Decision: Continuing Controversy

On May 14, 2008, in response to a court-ordered deadline, Interior Secretary Kempthorne announced a decision to list polar bears as threatened under the ESA. The listing decision itself was supported by environmental groups and various scientific societies; others, including the state of Alaska, opposed it, arguing that the science supporting listing was weak. This proposed rule did not designate critical habitat for the polar bear. Critics of the special rule argue that polar bear conservation cannot be addressed without addressing climate change, since loss of Arctic sea ice is acknowledged as one of the chief threats to the species. Alternative special rules might be promulgated later. The Secretary stated at the press conference announcing the decision that "polar bears are already protected under the Marine Mammal Protection Act, which has more stringent protections for polar bears than the Endangered Species Act does.... Critics, however, counter that polar bears today are not coping with changing climate alone, but also face a host of other human-induced factors—including shipping, oil and gas exploration, contaminants, and reduced prey populations—that compound the threat to their continued existence.
On May 14, 2008, Interior Secretary Dirk Kempthorne announced the listing of polar bears as threatened under the Endangered Species Act (ESA). The controversial decision highlights the intersection of two significant issues currently before Congress—climate change and species protection. Under the ESA, a listing decision must rest solely on the best available scientific information concerning the species. Habitat loss has been a major reason for many decisions to add species to the list—in this case, loss of Arctic sea ice. The listing itself was praised by some environmentalists, who nonetheless deplored interim protective regulations for the polar bear as being too weak. Other parties, who opposed the listing itself, argued that the science supporting listing was weak, but felt that the regulations mitigated some of the economic impacts of the listing.
Congress is addressing the regulations. A provision in the 2009 omnibus appropriations bill (H.R. 1105) would allow the Secretaries of the Interior and Commerce to withdraw the regulations without any administrative steps, effectively eliminating the special rules that were promulgated for this species.
Polar bears depend on Arctic sea ice, which most scientists acknowledge will be affected by climate change causing, at minimum, an earlier annual or seasonal thaw and a later freeze of coastal sea ice. Scientists generally agree that in recent decades, the observed extent of Arctic sea ice has declined significantly as the result of climate warming: annual ice break-up in many areas is occurring earlier and freeze-up later. Globally, less than one-third of the 19 known or recognized polar bear populations are declining, more than one-third are increasing or stable. For the remaining one-third there is insufficient data to estimate population trends. Two polar bear populations occur within U.S. jurisdiction. There is considerable uncertainty in estimates of polar bear population numbers and trends as well as in our understanding of polar bear habitat.
Polar bears are affected by climate change, environmental contaminants, and subsistence and sport hunting. Arctic sea ice is experiencing a continuing decline that may not be reversed easily, and some models project that late summer (September) sea ice could even disappear completely by mid-century. Controversy exists over how great a threat the changing climate might be to polar bears and whether they might be able to adapt to these changing conditions.
Some point out that polar bears today are not coping with changing climate alone, but also face a host of other human-induced factors—including oil and gas exploration, shipping, contaminants, and reduced prey populations—that compound the threat to their continued existence. Three main groups of contaminants threaten polar bears—petroleum hydrocarbons, persistent organic pollutants, and heavy metals. The United States has allowed limited subsistence harvest of polar bears by Alaska Natives. In Canada, Native hunters are permitted to allocate a limited portion of the subsistence harvest to sport hunters. Under 1994 amendments to the Marine Mammal Protection Act (MMPA), U.S. citizens may obtain permits to import sport-harvested polar bear trophies from Canada. However, with ESA listing, polar bear populations are defined as depleted under MMPA, and therefore entry of these trophies is prohibited by MMPA.