Interior Secretary Ken Salazar announced that the Obama Administration will not withdraw a special rule limiting protection for polar bears. The polar bear 4(d) rule was issued in the waning days of the Bush administration and would limit the protections afforded to the polar bear under the Endangered Species Act.

Section 4(d) of the ESA allows the Fish and Wildlife Service to tailor regulatory prohibitions for threatened species as deemed necessary and advisable to provide for the conservation of the species. Hence, the special rule is referred to as a 4(d) rule. The rule also states that incidental take of polar bears resulting from activities outside the bear’s range, such as emission of greenhouse gases and whatnot, will not be prohibited under the ESA.

Earlier this year, Congress passed an omnibus appropriations bill that gave the administration the opportunity to withdraw two controversial endangered species act regulations. The deadline for action was listed as May 10.

“In our judgment, keeping the rule is the best course of action for the polar bear,” said Thomas L. Strickland, assistant secretary for fish and wildlife and parks. Really?

Sierra Club Urges Administration to Reconsider

Statement of Sierra Club Executive Director Carl Pope

“It's a mistake that the Obama administration did not take advantage of the opportunity to provide full protection to the polar bear. The polar bear's sea ice habitat is melting beneath its feet. If we fail to act, scientists say America's polar bears could disappear by mid-century.”

“If polar bears are going to survive global warming, they will need far greater protections than what the law currently offers. The Bush administration enacted this special rule in an effort to delay action in the face of overwhelming evidence that global warming poses a very real and immediate threat to polar bears.”

“We are committed to working with the Obama administration to increase protections for the polar bear. We urge the administration to reconsider its decision. Polar bears are in imminent danger, and we need bold, decisive action to save them.”

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To be fair, President Obama’s Fiscal Year 2010 budget request includes a small new appropriation to helping conserve the polar bear. The budget request includes an increase of $7.4 million for polar bear conservation, of which $3.2 million will be invested through the Fish and Wildlife Service. This allocation includes a $1.5 million increase for the Endangered Species program specifically to address new and reinitiated interagency consultations on oil and gas projects and to prepare for a range-wide Polar Bear Conservation Plan to guide U.S. and international work to conserve and improve the status of the species. An increase of $1.7 million will allow the FWS Marine Mammal program to intensify work with partners to prepare, review, and publish population assessments, conservation plans, and incidental take regulations. It’s not TARP money, to be sure.

The polar bear is listed as a threatened species under the Act, meaning it is at risk of becoming an endangered species throughout all or a significant portion of its range. The law provides civil and criminal penalties for actions that kill or injure bears and bars federal agencies from taking actions that are likely to jeopardize the species or adversely modify its critical habitat.

In addition, the polar bear is protected by the Marine Mammal Protection Act (MMPA), which provides equal and in some cases more stringent protections, and international treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

If you are concerned about the polar bear, it is imperative that you contact the Department of Interior and the Obama Administration to let them know. U.S. Department of the Interior,1849 C Street, NW, Washington, DC 20240. Or you can email: feedback@ios.doi.gov