![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Polar Bear (Ursus maritimus) Throughout Its Range
PDF Version (93 pp, 3694K, About PDF) [Federal Register: May 15, 2008 (Volume 73, Number 95)] [Rules and Regulations] [Page 28211-28303] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15my08-18] [[Page 28212]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [FWS-R7-ES-2008-0038; 1111 FY07 MO-B2] RIN 1018-AV19 Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Polar Bear (Ursus maritimus) Throughout Its Range AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine threatened status for the polar bear (Ursus maritimus) under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). Polar bears evolved to utilize the Arctic sea ice niche and are distributed throughout most ice-covered seas of the Northern Hemisphere. We find, based upon the best available scientific and commercial information, that polar bear habitat--principally sea ice-- is declining throughout the species' range, that this decline is expected to continue for the foreseeable future, and that this loss threatens the species throughout all of its range. Therefore, we find that the polar bear is likely to become an endangered species within the foreseeable future throughout all of its range. This final rule activates the consultation provisions of section 7 of the Act for the polar bear. The special rule for the polar bear, also published in today's edition of the Federal Register, sets out the prohibitions and exceptions that apply to this threatened species. DATES: This rule is effective May 15, 2008. The U.S. District Court order in Center for Biological Diversity v. Kempthorne, No. C 08-1339 CW (N.D. Cal., April 28, 2008) ordered that the 30-day notice period otherwise required by the Administrative Procedure Act be waived, pursuant to 5 U.S.C. 553(d)(3). ADDRESSES: Comments and materials received, as well as supporting scientific documentation used in the preparation of this rule, will be available for public inspection, by appointment, during normal business hours at: U.S. Fish and Wildlife Service, Marine Mammals Management Office, 1011 East Tudor Road, Anchorage, AK 99503. Copies of this final rule are also available on the Service's Marine Mammal website: http://alaska.fws.gov/fisheries/mmm/polarbear/issues.htm. FOR FURTHER INFORMATION CONTACT: Scott Schliebe, Marine Mammals Management Office (see ADDRESSES section) (telephone 907-786-3800). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: Background Information in this section is summarized from the following sources: (1) The Polar Bear Status Review (Schliebe et al. 2006a); (2) information received from public comments in response to our proposal to list the polar bear as a threatened species published in the Federal Register on January 9, 2007 (72 FR 1064); (3) new information published since the proposed rule (72 FR 1064), including additional sea ice and climatological studies contained in the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report (AR4) and other published papers; and (4) scientific analyses conducted by the U.S. Geological Survey (USGS) and co-investigators at the request of the Secretary of the Department of the Interior specifically for this determination. For more detailed information on the biology of the polar bear, please consult the Status Review and additional references cited throughout this document. Species Biology Taxonomy and Evolution Throughout the Arctic, polar bears are known by a variety of common names, including nanook, nanuq, ice bear, sea bear, isbj[oslash]rn, white bears, and eisb[auml]r. Phipps (1774, p. 174) first proposed and described the polar bear as a species distinct from other bears and provided the scientific name Ursus maritimus. A number of alternative names followed, but Harington (1966, pp. 3-7), Manning (1971, p. 9), and Wilson (1976, p. 453) (all three references cited in Amstrup 2003, p. 587) subsequently promoted the name Ursus maritimus that has been used since. The polar bear is usually considered a marine mammal since its primary habitat is the sea ice (Amstrup 2003, p. 587), and it is evolutionarily adapted to life on sea ice (see further discussion under General Description section). The polar bear is included on the list of species covered under the U.S. Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) (MMPA). Polar bears diverged from grizzly bears (Ursus arctos) somewhere between 200,000 and 400,000 years ago (Talbot and Shields 1996a, p. 490; Talbot and Shields 1996b, p. 574). However, fossil evidence of polar bears does not appear until after the Last Interglacial Period (115,000 to 140,000 years ago) (Kurten 1964, p. 25; Ingolfsson and Wiig 2007). Only in portions of northern Canada, Chukotka, Russia, and northern Alaska do the ranges of polar bears and grizzly bears overlap. Cross-breeding of grizzly bears and polar bears in captivity has produced reproductively viable offspring (Gray 1972, p. 56; Stirling 1988, p. 23). The first documented case of cross-breeding in the wild was reported in the spring of 2006, and Wildlife Genetics International confirmed the cross-breeding of a female polar bear and male grizzly bear (Paetkau, pers. comm. May 2006). General Description Polar bears are the largest of the living bear species (DeMaster and Stirling 1981, p. 1; Stirling and Derocher 1990, p. 190). They are characterized by large body size, a stocky form, and fur color that varies from white to yellow. They are sexually dimorphic; females weigh 181 to 317 kilograms (kg) (400 to 700 pounds (lbs)), and males up to 654 kg (1,440 lbs). Polar bears have a longer neck and a proportionally smaller head than other members of the bear family (Ursidae) and are missing the distinct shoulder hump common to grizzly bears. The nose, lips, and skin of polar bears are black (Demaster and Stirling 1981, p. 1; Amstrup 2003, p. 588). Polar bears evolved in sea ice habitats and as a result are evolutionarily adapted to this habitat. Adaptations unique to polar bears in comparison to other Ursidae include: (1) White pelage with water-repellent guard hairs and dense underfur; (2) a short, furred snout; (3) small ears with reduced surface area; (4) teeth specialized for a carnivorous rather than an omnivorous diet; and (5) feet with tiny papillae on the underside, which increase traction on ice (Stirling 1988, p. 24). Additional adaptations include large, paddle- like feet (Stirling 1988, p. 24), and claws that are shorter and more strongly curved than those of grizzly bears, and larger and heavier than those of black bears (Ursus americanus) (Amstrup 2003, p. 589). Distribution and Movements Polar bears evolved to utilize the Arctic sea ice niche and are distributed throughout most ice-covered seas of the Northern Hemisphere. They occur throughout the East Siberian, Laptev, Kara, and Barents Seas of Russia; Fram Strait (the narrow strait between northern Greenland and Svalbard), [[Page 28213]] Greenland Sea and Barents Sea of northern Europe (Norway and Greenland (Denmark)); Baffin Bay, which separates Canada and Greenland, through most of the Canadian Arctic archipelago and the Canadian Beaufort Sea; and in the Chukchi and Beaufort Seas located west and north of Alaska. Over most of their range, polar bears remain on the sea ice year- round or spend only short periods on land. However, some polar bear populations occur in seasonally ice-free environs and use land habitats for varying portions of the year. In the Chukchi Sea and Beaufort Sea areas of Alaska and northwestern Canada, for example, less than 10 percent of the polar bear locations obtained via radio telemetry were on land (Amstrup 2000, p. 137; Amstrup, USGS, unpublished data); the majority of land locations were bears occupying maternal dens during the winter. A similar pattern was found in East Greenland (Wiig et al. 2003, p. 511). In the absence of ice during the summer season, some populations of polar bears in eastern Canada and Hudson Bay remain on land for extended periods of time until ice again forms and provides a platform for them to move to sea. Similarly, in the Barents Sea, a portion of the population is spending greater amounts of time on land. Although polar bears are generally limited to areas where the sea is ice-covered for much of the year, they are not evenly distributed throughout their range on sea ice. They show a preference for certain sea ice characteristics, concentrations, and specific sea ice features (Stirling et al. 1993, pp. 18-22; Arthur et al. 1996, p. 223; Ferguson et al. 2000a, p. 1,125; Ferguson et al. 2000b, pp. 770-771; Mauritzen et al. 2001, p. 1,711; Durner et al. 2004, pp. 18-19; Durner et al. 2006, p. pp. 34-35; Durner et al. 2007, pp. 17 and 19). Sea-ice habitat quality varies temporally as well as geographically (Ferguson et al. 1997, p. 1,592; Ferguson et al. 1998, pp. 1,088-1,089; Ferguson et al.2000a, p. 1,124; Ferguson et al.2000b, pp. 770-771; Amstrup et al. 2000b, p. 962). Polar bears show a preference for sea ice located over and near the continental shelf (Derocher et al. 2004, p. 164; Durner et al. 2004, p. 18-19; Durner et al. 2007, p. 19), likely due to higher biological productivity in these areas (Dunton et al. 2005, pp. 3,467- 3,468) and greater accessibility to prey in near-shore shear zones and polynyas (areas of open sea surrounded by ice) compared to deep-water regions in the central polar basin (Stirling 1997, pp. 12-14). Bears are most abundant near the shore in shallow-water areas, and also in other areas where currents and ocean upwelling increase marine productivity and serve to keep the ice cover from becoming too consolidated in winter (Stirling and Smith 1975, p. 132; Stirling et al. 1981, p. 49; Amstrup and DeMaster 1988, p. 44; Stirling 1990, pp. 226-227; Stirling and [Oslash]ritsland 1995, p. 2,607; Amstrup et al. 2000b, p. 960). Polar bear distribution in most areas varies seasonally with the seasonal extent of sea ice cover and availability of prey. The seasonal movement patterns of polar bears emphasize the role of sea ice in their life cycle. In Alaska in the winter, sea ice may extend 400 kilometers (km) (248 miles (mi)) south of the Bering Strait, and polar bears will extend their range to the southernmost proximity of the ice (Ray 1971, p. 13). Sea ice disappears from the Bering Sea and is greatly reduced in the Chukchi Sea in the summer, and polar bears occupying these areas move as much as 1,000 km (621 mi) to stay with the pack ice (Garner et al. 1990, p. 222; Garner et al. 1994, pp. 407-408). Throughout the polar basin during the summer, polar bears generally concentrate along the edge of or into the adjacent persistent pack ice. Significant northerly and southerly movements of polar bears appear to depend on seasonal melting and refreezing of ice (Amstrup 2000, p. 142). In other areas, for example, when the sea ice melts in Hudson Bay, James Bay, Davis Strait, Baffin Bay, and some portions of the Barents Sea, polar bears remain on land for up to 4 or 5 months while they wait for winter and new ice to form (Jonkel et al. 1976, pp. 13-22; Schweinsburg 1979, pp. 165, 167; Prevett and Kolenosky 1982, pp. 934-935; Schweinsburg and Lee 1982, p. 510; Ferguson et al. 1997, p. 1,592; Lunn et al. 1997, p. 235; Mauritzen et al. 2001, p. 1,710). In areas where sea ice cover and character are seasonally dynamic, a large multi-year home range, of which only a portion may be used in any one season or year, is an important part of the polar bear life history strategy. In other regions, where ice is less dynamic, home ranges are smaller and less variable (Ferguson et al. 2001, pp.51-52). Data from telemetry studies of adult female polar bears show that they do not wander aimlessly on the ice, nor are they carried passively with the ocean currents as previously thought (Pedersen 1945 cited in Amstrup 2003, p. 587). Results show strong fidelity to activity areas that are used over multiple years (Ferguson et al. 1997, p. 1,589). All areas within an activity area are not used each year. The distribution patterns of some polar bear populations during the open water and early fall seasons have changed in recent years. In the Beaufort Sea, for example, greater numbers of polar bears are being found on shore than recorded at any previous time (Schliebe et al. 2006b, p. 559). In Baffin Bay, Davis Strait, western Hudson Bay and other areas of Canada, Inuit hunters are reporting an increase in the numbers of bears present on land during summer and fall (Dowsley and Taylor 2005, p. 2; Dowsley 2005, p. 2). The exact reasons for these changes may involve a number of factors, including changes in sea ice (Stirling and Parkinson 2006, p. 272). Food Habits Polar bears are carnivorous, and a top predator of the Arctic marine ecosystem. Polar bears prey heavily throughout their range on ice-dependent seals (frequently referred to as ``ice seals''), principally ringed seals (Phoca hispida), and, to a lesser extent, bearded seals (Erignathus barbatus). In some locales, other seal species are taken. On average, an adult polar bear needs approximately 2 kg (4.4 lbs) of seal fat per day to survive (Best 1985, p. 1035). Sufficient nutrition is critical and may be obtained and stored as fat when prey is abundant. Although seals are their primary prey, polar bears occasionally take much larger animals such as walruses (Odobenus rosmarus), narwhal (Monodon monoceros), and belugas (Delphinapterus leucas) (Kiliaan and Stirling 1978, p. 199; Smith 1980, p. 2,206; Smith 1985, pp. 72-73; Lowry et al. 1987, p. 141; Calvert and Stirling 1990, p. 352; Smith and Sjare 1990, p. 99). In some areas and under some conditions, prey other than seals or carrion may be quite important to polar bear sustenance as short-term supplemental forms of nutrition. Stirling and [Oslash]ritsland (1995, p. 2,609) suggested that in areas where ringed seal populations were reduced, other prey species were being substituted. Like other ursids, polar bears will eat human garbage (Lunn and Stirling 1985, p. 2,295), and when confined to land for long periods, they will consume coastal marine and terrestrial plants and other terrestrial foods (Russell 1975, p. 122; Derocher et al. 1993, p. 252); however the significance of such other terrestrial foods to the long-term welfare of polar bears may be limited (Lunn and Stirling 1985, p. 2,296; Ramsay and Hobson 1991, p. 600; Derocher et al. 2004, p. 169) as further expanded under the section entitled ``Adaptation'' below. [[Page 28214]] Reproduction Polar bears are characterized by late sexual maturity, small litter sizes, and extended parental investment in raising young, all factors that contribute to a low reproductive rate (Amstrup 2003, pp. 599-600). Reproduction in the female polar bear is similar to that in other ursids. Females generally mature and breed for the first time at 4 or 5 years and give birth at 5 or 6 years of age. Litters of two cubs are most common, but litters of three cubs are seen sporadically across the Arctic (Amstrup 2003, p. 599). When foraging conditions are difficult, polar bears may ``defer'' reproduction in favor of survival (Derocher et al. 1992, p. 564). Polar bears enter a prolonged estrus between March and June, when breeding occurs. Ovulation is induced by mating (Wimsatt 1963, p. 72), and implantation is delayed until autumn. The total gestation period is 195 to 265 days (Uspenski 1977, cited in Amstrup 2003, p. 599), although active development of the fetus is suspended during most of this period. The timing of implantation, and therefore the timing of birth, is likely dependent on body condition of the female, which depends on a variety of environmental factors. Pregnant females that spend the late summer on land prior to denning may not feed for 8 months (Watts and Hansen 1987, p. 627). This may be the longest period of food deprivation of any mammal, and it occurs at a time when the female gives birth to and then nourishes new cubs. Newborn polar bears are helpless and have hair, but are blind and weigh only 0.6 kg (1.3 lb) (Blix and Lentfer 1979, p. 68). Cubs grow rapidly, and may weigh 10 to 12 kg (22 to 26 lbs) by the time they emerge from the den in the spring. Young bears will stay with their mothers until weaning, which occurs most commonly in early spring when the cubs are 2.3 years of age. Female polar bears are available to breed again after their cubs are weaned; thus the reproductive interval for polar bears is 3 years. Polar bears are long-lived mammals not generally susceptible to disease, parasites, or injury. The oldest known female in the wild was 32 years of age and the oldest known male was 28, though few polar bears in the wild live to be older than 20 years (Stirling 1988, p. 139; Stirling 1990, p. 225). Due to extremely low reproductive rates, polar bears require a high survival rate to maintain population levels (Eberhardt 1985, p. 1,010; Amstrup and Durner 1995, pp. 1,313, 1,319). Survival rates increase up to a certain age, with cubs-of-the-year having the lowest rates and prime age adults (between 5 and 20 years of age) having survival rates that can exceed 90 percent. Amstrup and Durner (1995, p. 1,319) report that high survival rates (exceeding 90 percent for adult females) are essential to sustain populations. Polar Bear--Sea Ice Habitat Relationships Polar bears are distributed throughout the ice-covered waters of the circumpolar Arctic (Stirling 1988, p. 61), and rely on sea ice as their primary habitat (Amstrup 2003, p. 587). Polar bears depend on sea ice for a number of purposes, including as a platform from which to hunt and feed upon seals; as habitat on which to seek mates and breed; as a platform to move to terrestrial maternity denning areas, and sometimes for maternity denning; and as a substrate on which to make long-distance movements (Stirling and Derocher 1993, p. 241). Mauritzen et al. (2003b, p. 123) indicated that habitat use by polar bears during certain seasons may involve a trade-off between selecting habitats with abundant prey availability versus the use of safer retreat habitats (i.e., habitats where polar bears have lower probability of becoming separated from the main body of the pack ice) of higher ice concentrations with less prey. Their findings indicate that polar bear distribution may not be solely a reflection of prey availability, but other factors such as energetic costs or risk may be involved. Stirling et al. (1993, p. 15) defined seven types of sea ice habitat and classified polar bear use of these ice types based on the presence of bears or bear tracks in order to determine habitat preferences. The seven types of sea ice are: (1) stable fast ice with drifts; (2) stable fast ice without drifts; (3) floe edge ice; (4) moving ice; (5) continuous stable pressure ridges; (6) coastal low level pressure ridges; and (7) fiords and bays. Polar bears were not evenly distributed over these sea ice habitats, but concentrated on the floe ice edge, on stable fast ice with drifts, and on areas of moving ice (Stirling 1990 p. 226; Stirling et al. 1993, p. 18). In another assessment, categories of ice types included pack ice, shore-fast ice, transition zone ice, polynyas, and leads (linear openings or cracks in the ice) (USFWS 1995, p. 9). Pack ice, which consists of annual and multi-year older ice in constant motion due to winds and currents, is the primary summer habitat for polar bears in Alaska. Shore-fast ice (also known as ``fast ice'', it is defined by the Arctic Climate Impact Assessment (2005, p. 190) as ice that grows seaward from a coast and remains in place throughout the winter; typically it is stabilized by grounded pressure ridges at its outer edge) is used for feeding on seal pups, for movement, and occasionally for maternity denning. Open water at leads and polynyas attracts seals and other marine mammals and provides preferred hunting habitats during winter and spring. Durner et al. (2004, pp. 18-19; Durner et al. 2007, pp. 17-18) found that polar bears in the Arctic basin prefer sea ice concentrations greater than 50 percent located over the continental shelf with water depths less than 300 m (984 feet (ft)). Polar bears must move throughout the year to adjust to the changing distribution of sea ice and seals (Stirling 1988, p. 63; USFWS 1995, p. 4). In some areas, such as Hudson Bay and James Bay, polar bears remain on land when the sea ice retreats in the spring and they fast for several months (up to 8 months for pregnant females) before fall freeze-up (Stirling 1988, p. 63; Derocher et al. 2004, p. 163; Amstrup et al. 2007, p. 4). Some populations unconstrained by land masses, such as those in the Barents, Chukchi, and Beaufort Seas, spend each summer on the multi-year ice of the polar basin (Derocher et al. 2004, p. 163; Amstrup et al. 2007, p. 4). In intermediate areas such as the Canadian Arctic, Svalbard, and Franz Josef Land archipelagos, bears stay on the sea ice most of the time, but in some years they may spend up to a few months on land (Mauritizen et al. 2001, p. 1,710). Most populations use terrestrial habitat partially or exclusively for maternity denning; therefore, females must adjust their movements in order to access land at the appropriate time (Stirling 1988, p. 64; Derocher et al. 2004, p. 166). Sea ice changes between years in response to environmental factors may have consequences for the distribution and productivity of polar bears as well as their prey. In the southern Beaufort Sea, anomalous heavy sea ice conditions in the mid-1970s and mid-1980s (thought to be roughly in phase with a similar variation in runoff from the Mackenzie River) caused significant declines in productivity of ringed seals (Stirling 2002, p. 68). Each event lasted approximately 3 years and caused similar declines in the birth rate of polar bears and survival of subadults, after which reproductive success and survival of both species increased again. Maternal Denning Habitat Throughout the species' range, most pregnant female polar bears excavate [[Page 28215]] dens in snow located on land in the fall-early winter period (Harington 1968, p. 6; Lentfer and Hensel 1980, p. 102; Ramsay and Stirling 1990, p. 233; Amstrup and Gardner 1994, p. 5). The only known exceptions are in western and southern Hudson Bay, where polar bears first excavate earthen dens and later reposition into adjacent snow drifts (Jonkel et al. 1972, p. 146; Ramsay and Stirling 1990, p. 233), and in the southern Beaufort Sea, where a portion of the population dens in snow caves located on pack and shore-fast ice. Successful denning by polar bears requires accumulation of sufficient snow for den construction and maintenance. Adequate and timely snowfall combined with winds that cause snow accumulation leeward of topographic features create denning habitat (Harington 1968, p. 12). A great amount of polar bear denning occurs in core areas (Harington 1968, pp. 7-8), which show high use over time (see Figure 8). In some portions of the species' range, polar bears den in a more diffuse pattern, with dens scattered over larger areas at lower density (Lentfer and Hensel 1980, p. 102; Stirling and Andriashek 1992, p. 363; Amstrup 1993, p. 247; Amstrup and Gardner 1994, p. 5; Messier et al. 1994, p. 425; Born 1995, p. 81; Ferguson et al. 2000a, p. 1125; Durner et al. 2001, p. 117; Durner et al. 2003, p. 57). Habitat characteristics of denning areas vary substantially from the rugged mountains and fjordlands of the Svalbard archipelago and the large islands north of the Russian coast (L[oslash]n[oslash] 1970, p. 77; Uspenski and Kistchinski 1972, p. 182; Larsen 1985, pp. 321-322), to the relatively flat topography of areas such as the west coast of Hudson Bay (Ramsay and Andriashek 1986, p. 9; Ramsay and Stirling 1990, p. 233) and north slope of Alaska (Amstrup 1993, p. 247; Amstrup and Gardner 1994, p. 7; Durner et al. 2001, p. 119; Durner et al. 2003, p. 61), to offshore pack ice-pressure ridge habitat (Amstrup and Gardner 1994, p. 4; Fischbach et al. 2007, p. 1,400). The key characteristic of all denning habitat is topographic features that catch snow in the autumn and early winter (Durner et al. 2003, p. 61). Across the range, most polar bear dens occur relatively near the coast. The main exception to coastal denning occurs in the western Hudson Bay area, where bears den farther inland in traditional denning areas (Kolenosky and Prevett 1983, pp. 243-244; Stirling and Ramsay 1986, p. 349). Current Population Status and Trend The total number of polar bears worldwide is estimated to be 20,000-25,000 (Aars et al. 2006, p. 33). Polar bears are not evenly distributed throughout the Arctic, nor do they comprise a single nomadic cosmopolitan population, but rather occur in 19 relatively discrete populations (Aars et al. 2006, p. 33). The use of the term ``relatively discrete population'' in this context is not intended to equate to the Act's term ``distinct population segments'' (Figure 1). Boundaries of the 19 polar bear populations have evolved over time and are based on intensive study of movement patterns, tag returns from harvested animals, and, to a lesser degree, genetic analysis (Aars et al. 2006, pp. 33-47). The scientific studies regarding population bounds began in the early 1970s and continue today. Within this final rule we have adopted the use of the term ``population'' to describe polar bear management units consistent with their designation by the World Conservation Union-International Union for Conservation of Nature and Natural Resources (IUCN), Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG) with information available as of October 2006 (Aars et al. 2006, p. 33), and to describe a combination of two or more of these populations into ``ecoregions,'' as discussed in following sections. Although movements of individual polar bears overlap extensively, telemetry studies demonstrate spatial segregation among groups or stocks of polar bears in different regions of their circumpolar range (Schweinsburg and Lee 1982, p. 509; Amstrup et al. 1986, p. 252; Amstrup et al., 2000b, pp. 957-958.; Garner et al. 1990, p. 224; Garner et al. 1994, pp.112-115; Amstrup and Gardner 1994, p. 7; Ferguson et al. 1999, pp. 313-314; Lunn et al. 2002, p. 41). These patterns, along with information obtained from survey and reconnaissance, marking and tagging studies, and traditional knowledge, have resulted in recognition of 19 relatively discrete polar bear populations (Aars et al. 2006, p. 33). Genetic analysis reinforces the boundaries between some designated populations (Paetkau et al. 1999, p. 1,571; Amstrup 2003, p. 590) while confirming the existence of overlap and mixing among others (Paetkau et al. 1999, p. 1,571; Cronin et al. 2006, p. 655). There is considerable overlap in areas occupied by members of these groups (Amstrup et al. 2004, p. 676; Amstrup et al. 2005, p. 252), and boundaries separating the groups are adjusted as new data are collected. These boundaries, however, are thought to be ecologically meaningful, and the 19 units they describe are managed as populations, with the exception of the Arctic Basin population where few bears are believed to be year-round residents. [[Page 28216]] [GRAPHIC] [TIFF OMITTED] TR15MY08.002 Population size estimates and qualitative categories of current trend and status for each of the 19 polar bear populations are discussed below. This discussion was derived from information presented at the IUCN/SSC PBSG meeting held in Seattle, Washington, in June 2005, and updated with results that became available in October 2006 (Aars et al. 2006, p. 33). The following narrative incorporates results from two recent publications (Stirling et al. 2007; Obbard et al. 2007). The remainder of the information on each population is based on the available status reports and revisions given by each nation, as reported in Aars et al. (2006). Status categories include an assessment of whether a population is believed to be not reduced, reduced, or severely reduced from historic levels of abundance, or if insufficient data are available to estimate status. Trend categories include an assessment of whether the population is currently increasing, stable, or declining, or if insufficient data are available to estimate trend. In general, an assessment of trend requires a monitoring program or data to allow population size to be estimated at more than one point in time. Information on the date of the current population estimate and information on previous population estimates and the basis for [[Page 28217]] those estimates is detailed in Aars et al. (2006, pp. 34-35). In some instances a subjective assessment of trend has been provided in the absence of either a monitoring program or estimates of population size developed for more than one point in time. This status and trend analysis only reflects information about the past and present polar bear populations. Later in this final rule a discussion will be presented about the scientific information on threats that will affect the species within the foreseeable future. The Act establishes a five- factor analysis for using this information in making listing decisions. Populations are discussed in a counterclockwise order from Figure 1, beginning with East Greenland. There is no population size estimate for the East Greenland polar bear population because no population surveys have been conducted there. Thus, the status and trend of this population have not been determined. The Barents Sea population was estimated to comprise 3,000 animals based on the only population survey conducted in 2004. Because only one abundance estimate is available, the status and trend of this population cannot yet be determined. There is no population size estimate for the Kara Sea population because population surveys have not been conducted; thus status and trend of this population cannot yet be determined. The Laptev Sea population was estimated to comprise 800 to 1,200 animals, on the basis of an extrapolation of historical aerial den survey data (1993). Status and trend cannot yet be determined for this population. The Chukchi Sea population is estimated to comprise 2,000 animals, based on extrapolation of aerial den surveys (2002). Status and trend cannot yet be determined for this population. The Southern Beaufort Sea population is comprised of 1,500 animals, based on a recent population inventory (2006). The predicted trend is declining (Aars et al. 2006, p.33), and the status is designated as reduced. The Northern Beaufort Sea population was estimated to number 1,200 animals (1986). The trend is designated as stable, and status is believed to be not reduced. Stirling et al. (2007, pp. 12-14) estimated long-term trends in population size for the Northern Beaufort Sea population. The model- averaged estimate of population size from 2004 to 2006 was 980 bears, and did not differ in a statistically significantly way from estimates for the periods of 1972 to 1975 (745 bears) and 1985 to 1987 (867 bears), and thus the trend is stable. Stirling et al. (2007, p. 13) indicated that, based on a number of indications and separate annual abundance estimates for the study period, the population estimate may be slightly biased low (i.e., might be an underestimate) due to sampling issues. The Viscount Melville Sound population was estimated to number 215 animals (1992). The observed or predicted trend based on management action is listed as increasing (Aars et al. 2006, p. 33), although the status is designated as severely reduced from prior excessive harvest. The Norwegian Bay population estimate was 190 animals (1998); the trend, based on computer simulations, is noted as declining, while the status is listed as not reduced. The Lancaster Sound population estimate was 2,541 animals (1998); the trend is thought to be stable, and status is not reduced. The M'Clintock Channel population is estimated at 284 animals (2000); the observed or predicted trend based on management actions is listed as increasing although the status is severely reduced from excessive harvest. The Gulf of Boothia population estimate is 1,523 animals (2000); the trend is thought to be stable, and status is designated as not reduced. The Foxe Basin population was estimated to number 2,197 animals in 1994; the population trend is thought to be stable, and the status is not reduced. The Western Hudson Bay population estimate is 935 animals (2004); the trend is declining, and the status is reduced. The Southern Hudson Bay population was estimated to be 1,000 animals in 1988 (Aars et al. 2006, p. 35); the trend is thought to be stable, and status is not reduced. In a more recent analysis, Obbard et al. (2007) applied open population capture- recapture models to data collected from 1984-86 and 1999-2005 to estimate population size, trend, and survival for the Southern Hudson Bay population. Their results indicate that the size of the Southern Hudson Bay population appears to be unchanged from the mid-1980s. From 1984-1986, the population was estimated at 641 bears; from 2003-2005, the population was estimated at 681 bears. Thus, the trend for this population is stable. The Kane Basin population was estimated to be comprised of 164 animals (1998); its trend is declining, and status is reduced. The Baffin Bay population was estimated to be 2,074 animals (1998); the trend is declining, and status is reduced. The Davis Strait population was estimated to number 1,650 animals based on traditional ecological knowledge (TEK) (2004); data were unavailable to assess trends or status. Preliminary information from the second of a 3-year population assessment estimates the population number to be 2,375 bears (Peacock et al. 2007, p. 7). The Arctic Basin population estimate, trend, and status are unknown (Aars et al. 2006, p. 35). On the basis of information presented above, two polar bear populations are designated as increasing (Viscount Melville Sound and M'Clintock Channel-both were severely reduced in the past and are recovering under conservative harvest limits); six populations are stable (Northern Beaufort Sea, Southern Hudson Bay, Davis Strait, Lancaster Sound, Gulf of Bothia, Foxe Basin); five populations are declining (Southern Beaufort Sea, Norwegian Bay, Western Hudson Bay, Kane Basin, Baffin Bay); and six populations are designated as data deficient (Barents Sea, Kara Sea, Laptev Sea, Chukchi Sea, Arctic Basin, East Greenland) with no estimate of trend. The two populations with the most extensive time series of data, Western Hudson Bay and Southern Beaufort Sea, are both considered to be declining. As previously noted, scientific information assessing this species in the foreseeable future is provided later in this final rule. Polar Bear Ecoregions Amstrup et al. (2007, pp. 6-8) grouped the 19 IUCN-recognized polar bear populations (Aars et al. 2006, p. 33) into four physiographically different functional groups or ``ecoregions'' (Figure 2) in order to forecast future polar bear population status on the basis of current knowledge of polar bear populations, their relationships to sea ice habitat, and predicted changes in sea ice and other environmental variables. Amstrup et al. (2007, p. 7) defined the ecoregions ``on the basis of observed temporal and spatial patterns of ice formation and ablation (melting or evaporation), observations of how polar bears respond to those patterns, and how general circulation models (GCMs) forecast future ice patterns.'' The Seasonal Ice Ecoregion includes the Western and Southern Hudson Bay populations, as well as the Foxe Basin, Baffin Bay, and Davis Strait populations. These 5 IUCN-recognized populations are thought to include a total of about 7,200 polar bears (Aars et al. 2006, p. 34- 35). The 5 populations experience sea ice that melts entirely in summer, and bears spend extended periods of time on shore. [[Page 28218]] [GRAPHIC] [TIFF OMITTED] TR15MY08.003 The Archipelago Ecoregion, islands and channels of the Canadian Arctic, has approximately 5,000 polar bears representing 6 populations recognized by the IUCN (Aars et al. 2006, p. 34-35). These populations are Kane Basin, Norwegian Bay, Viscount Melville Sound, Lancaster Sound, M'Clintock Channel, and the Gulf of Boothia. Much of this region is characterized by heavy annual and multi-year ice that fills the inter-island channels year round and polar bears remain on the sea ice throughout the year. The polar basin was split into a Convergent Ecoregion and a Divergent Ecoregion, based upon the different patterns of sea ice formation, loss (via melt and transport) (Rigor et al. 2002, p. 2,658; Rigor and Wallace 2004, p. 4; Maslanik et al. 2007, pp. 1-3; Meier et al. 2007, pp. 428-434; Ogi and Wallace 2007, pp. 2-3). The Divergent Ecoregion is characterized by extensive formation of annual sea ice that is transported toward the Canadian Arctic islands and Greenland, or out of the polar basin through Fram Strait. The Divergent ecoregion includes the Southern Beaufort, Chukchi, Laptev, Kara, and Barents Seas populations, and is thought to contain up to 9,500 polar bears. In the Divergent Ecoregion, as in the Archipelago Ecoregion, polar bears mainly stay on the sea ice year-round. The Convergent Ecoregion, composed of the Northern Beaufort Sea, Queen Elizabeth Islands (see below), and East Greenland populations, is thought to contain approximately 2,200 polar bears. Amstrup et al. (2007, p. 7) modified the IUCN-recognized population boundaries (Aars et al. 2006, pp. 33,36) of this ecoregion by redefining a Queen Elizabeth Islands population and extending the original boundary of that population to include northwestern Greenland (see Figure 2). The area contained within this boundary is characterized by heavy multi- year ice, except for a recurring lead system that runs along the Queen Elizabeth Islands from the northeastern Beaufort Sea to northern Greenland (Stirling 1980, pp. 307-308). The area may contain over 200 polar bears and some bears from other regions have been recorded moving through the area (Durner and Amstrup 1995, p. 339; Lunn et al. 1995, pp. 12-13). The Northern Beaufort Sea and Queen Elizabeth Islands populations occur in a region of the polar basin that accumulates ice (hence, the Convergent Ecoregion) as it is moved from the polar basin Divergent Ecoregion, while the East Greenland population occurs in area where ice is transported out of the polar basin through the Fram Strait (Comiso 2002, pp. 17-18; Rigor and Wallace 2004, p. 3; Belchansky et al. 2005, pp. 1-2; Holland et al. 2006, pp. 1-5; Durner et al. 2007, p. 3; Ogi and Wallace 2007, p. 2; Serreze et al. 2007, pp. 1,533-1536). Amstrup et al. (2007) do not incorporate the central Arctic Basin population into an ecoregion. This population was defined by the IUCN in 2001 (Lunn et al. 2002, p.29) to recognize polar bears that may reside outside the territorial jurisdictions of the polar nations. The Arctic Basin region is characterized by very deep water, which is known to be unproductive (Pomeroy 1997, pp. 6-7). Available data indicate that polar bears prefer sea ice over shallow water (less then 300 m (984 ft) deep) (Amstrup et [[Page 28219]] al. 2000b, p. 962; Amstrup et al. 2004, p. 675; Durner et al. 2007, pp. 18-19), and it is thought that this preference reflects increased hunting opportunities over more productive waters. Also, tracking studies indicate that few if any bears are year-round residents of the central Arctic Basin, and therefore this relatively unpopulated portion of the Arctic was not designated as an ecoregion. Sea Ice Environment As described in detail in the ``Species Biology'' section of this rule, above, polar bears are evolutionarily adapted to life on sea ice (Stirling 1988, p. 24; Amstrup 2003, p. 587). They need sea ice as a platform for hunting, for seasonal movements, for travel to terrestrial denning areas, for resting, and for mating (Stirling and Derocher 1993, p. 241). Moore and Huntington (in press) classify the polar bear as an ``ice-obligate'' species because of its reliance on sea ice as a platform for resting, breeding, and hunting, while Laidre et al. (in press) similarly describe the polar bear as a species that principally relies on annual sea ice over the continental shelf and areas toward the southern edge of sea ice for foraging. Some polar bears use terrestrial habitats seasonally (e.g., for denning or for resting during open water periods). Open water is not considered to be an essential habitat type for polar bears, because life functions such as feeding, reproduction, or resting do not occur in open water. However, open water is a fundamental part of the marine system that supports seal species, the principal prey of polar bears, and seasonally refreezes to form the ice needed by the bears (see ``Open Water Habitat'' section for more information). Further, the open water interface with sea ice is an important habitat used to a great extent by polar bears. In addition, the extent of open water is important because vast areas of open water may limit a bear's ability to access sea ice or land (see ``Open Water Swimming'' section for more detail). Snow cover, both on land and on sea ice, is an important component of polar bear habitat in that it provides insulation and cover for young polar bears and ringed seals in snow dens or lairs (see ``Maternal Denning Habitat'' section for more detail). Sea Ice Habitat Overview of Arctic Sea Ice According to the Arctic Climate Impact Assessment (ACIA 2005), approximately two-thirds of the Arctic is ocean, including the Arctic Ocean and its shelf seas plus the Nordic, Labrador, and Bering Seas (ACIA 2005, p. 454). Sea ice is the defining characteristic of the marine Arctic (ACIA 2005, p. 30). The Arctic sea ice environment is highly dynamic and follows annual patterns of expansion and contraction. Sea ice is typically at its maximum extent (the term ``extent'' is formally defined in the ``Observed Changes in Arctic Sea Ice'' section) in March and at its minimum extent in September (Parkinson et al. 1999, p. 20,840). The two primary forms of sea ice are seasonal (or first year) ice and perennial (or multi-year) ice (ACIA 2005, p. 30). Seasonal ice is in its first autumn/winter of growth or first spring/summer of melt (ACIA 2005, p. 30). It has been documented to vary in thickness from a few tenths of a meter near the southern margin of the sea ice to 2.5 m (8.2 ft) in the high Arctic at the end of winter (ACIA 2005, p. 30), with some ice also that is thinner and some limited amount of ice that can be much thicker, especially in areas with ridging (C. Parkinson, NASA, in litt. to the Service, November 2007). If first-year ice survives the summer melt, it becomes multi-year ice. This ice tends to develop a distinctive hummocky appearance through thermal weathering, becoming harder and almost salt-free over several years (ACIA 2005, p. 30). Sea ice near the shore thickens in shallow waters during the winter, and portions become grounded. Such ice is known as shore-fast ice, land-fast ice, or simply fast ice (ACIA 2005, p. 30). Fast ice is found along much of the Siberian coast, the White Sea (an inlet of the Barents Sea), north of Greenland, the Canadian Archipelago, Hudson Bay, and north of Alaska (ACIA 2005, p. 457). Pack ice consists of seasonal (or first-year) and multi-year ice that is in constant motion caused by winds and currents (USFWS 1995, pp. 7-9). Pack ice is used by polar bears for traveling, feeding, and denning, and it is the primary summer habitat for polar bears, including the Southern Beaufort Sea and Chukchi Sea populations, as first year ice retreats and melts with the onset of spring (see ``Polar Bear-Sea Ice Habitat Relationships'' section for more detail on ice types used by polar bears). Movements of sea ice are related to winds, currents, and seasonal temperature fluctuations that in turn promote its formation and degradation. Ice flow in the Arctic often includes a clockwise circulation of sea ice within the Canada Basin and a transpolar drift stream that carries sea ice from the Siberian shelves to the Barents Sea and Fram Strait. Sea ice is an important component of the Arctic climate system (ACIA 2005, p. 456). It is an effective insulator between the oceans and the atmosphere. It also strongly reduces the ocean-atmosphere heat exchange and reduces wind stirring of the ocean. In contrast to the dark ocean, pond-free sea ice (i.e., sea ice that has no meltwater ponds on the surface) reflects most of the solar radiation back into space. Together with snow cover, sea ice greatly restricts the penetration of light into the sea, and it also provides a surface for particle and snow deposition (ACIA 2005, p. 456). Its effects can extend far south of the Arctic, perhaps globally, e.g., through impacting deepwater formation that influences global ocean circulation (ACIA 2005, p. 32). Sea ice is also an important environmental factor in Arctic marine ecosystems. ``Several physical factors combine to make arctic marine systems unique including: a very high proportion of continental shelves and shallow water; a dramatic seasonality and overall low level of sunlight; extremely low water temperatures; presence of extensive areas of multi-year and seasonal sea-ice cover; and a strong influence from freshwater, coming from rivers and ice melt'' (ACIA 2005, p. 454). Ice cover is an important physical characteristic, affecting heat exchange between water and atmosphere, and light penetration to organisms in the water below. It also helps determine the depth of the mixed layer, and provides a biological habitat above, within, and beneath the ice. The marginal ice zone, at the edge of the pack ice, is important for plankton production and plankton-feeding fish (ACIA 2005, p. 456) Observed Changes in Arctic Sea Ice Sea ice is the defining physical characteristic of the marine Arctic environment and has a strong seasonal cycle (ACIA 2005, p. 30). There is considerable inter-annual variability both in the maximum and minimum extent of sea ice, but it is typically at its maximum extent in March and minimum extent in September (Parkinson et al. 1999, p. 20, 840). In addition, there are decadal and inter-decadal fluctuations to sea ice extent due to changes in atmospheric pressure patterns and their associated winds, river runoff, and influx of Atlantic and Pacific waters (Gloersen 1995, p. 505; Mysak and Manak 1989, p. 402; Kwok 2000, p. 776; Parkinson 2000b, p. 10; Polyakov et al. 2003, p. 2,080; Rigor et al. 2002, p. 2,660; Zakharov 1994, p. 42). Sea ice ``extent'' is normally defined as the area of the ocean with at least 15 percent ice coverage, and sea ice ``area'' is normally defined as the integral sum of areas actually covered by sea ice [[Page 28220]] (Parkinson et al. 1999). ``Area'' is a more precise measure of the areal extent of the ice itself, since it takes into account the fraction of leads (linear openings or cracks in the ice) within the ice, but ``extent'' is more reliably observed (Zhang and Walsh 2006). The following sections discuss specific aspects of observed sea ice changes of relevance to polar bears. Summer Sea Ice Summer sea ice area and sea ice extent are important factors for polar bear survival (see ``Polar Bear-Sea Ice Habitat Relationships'' section). Seasonal or first-year ice that remains at the end of the summer melt becomes multi-year (or perennial) ice. The amount and thickness of perennial ice is an important determinant of future sea ice conditions (i.e., gain or loss of ice) (Holland and Bitz 2003; Bitz and Roe 2004). Much of the following discussion focuses on summer sea ice extent (rather than area). Prior to the early 1970s, ice extent was measured with visible-band satellite imagery and aircraft and ship reports. With the advent of passive microwave (PM) satellite observations, beginning in December 1972 with a single channel instrument and then more reliably in October 1978 with a multi-channel instrument, we have a more accurate, 3-decade record of changes in summer sea ice extent and area. Over the period since October 1978, successive papers have documented an overall downward trend in Arctic sea ice extent and area. For example, Parkinson et al. (1999) calculated Arctic sea ice extents, areas, and trends for late 1978 through the end of 1996, and documented a decrease in summer sea ice extent of 4.5 percent per decade. Comiso (2002) documented a decline of September minimum sea ice extent of 6.7 percent plus or minus 2.4 percent per decade from 1981 through 2000. Stroeve et al. (2005) analyzed data from 1978 through 2004, and calculated a decline in minimum sea ice extent of 7.7 percent plus or minus 3 percent per decade. Comiso (2006, p. 72) included observations for 2005, and calculated a per-decade decline in minimum sea ice extent of up to 9.8 percent plus or minus 1.5 percent. Most recently, Stroeve et al. (2007, pp. 1-5) estimated a 9.1 percent per-decade decline in September sea ice extent for 1979-2006, while Serreze et al. (2007, pp. 1,533-1,536) calculated a per-decade decline of 8.6 percent plus or minus 2.9 percent for the same parameter over the same time period. These estimates differ only because Serreze et al. (2007, pp. 1,533- 1,536) normalized the trend by the 1979-2000 mean, in order to be consistent with how the National Snow and Ice Data Center \1\ calculates its estimates (J. Stroeve, in litt. to the Service, November 2007). This decline translates to a decrease of 60,421 sq km (23,328 sq mi) per year (NSIDC Press Release, October 3, 2006). --------------------------------------------------------------------------- \1\ The NSIDC is part of the University of Colorado Cooperative Institute for Research in Environmental Sciences (CIRES), is funded largely by the National Aeronautics and Space Administration (NASA), and is affiliated with the National Oceanic and Atmospheric Administration (NOAA) National Geophysical Data Center through a cooperative agreement. A large part of NSIDC is the Polar Distributed Active Archive Center, which is funded by NASA. --------------------------------------------------------------------------- The rate of decrease in September sea ice extent appears to have accelerated in recent years, although the acceleration to date has not been shown to be statistically significant (C. Bitz, in litt. to the Service, November 2007). The years 2002 through 2007 all exceeded previous record lows (Stroeve et al. 2005; Comiso 2006; Stroeve et al. 2007, pp. 1-5; Serreze et al. 2007, pp. 1,533-1,536; NSIDC Press Release, October 1, 2007), and 2002, 2005, and 2007 had successively lower record-breaking minimum extent values (http://www.nsidc.org). The 2005 absolute minimum sea ice extent of 5.32 million sq km (2.05 million sq mi) for the entire Arctic Ocean was a 21 percent reduction compared to the mean for 1979 to 2000 (Serreze et al. 2007, pp. 1,533- 1,536). Nghiem et al. (2006) documented an almost 50 percent reduction in perennial (multi-year) sea ice extent in the East Arctic Ocean (0 to 180 degrees east longitude) between 2004 and 2005, while the West Arctic Ocean (0 and 180 degrees west longitude) had a slight gain during the same period, followed by an almost 70 percent decline from October 2005 to April 2006. Nghiem et al. (2007) found that the extent of perennial sea ice was significantly reduced by 23 percent between March 2005 and March 2007 as observed by the QuikSCAT/SeaWinds satellite scatterometer. Nghiem et al. (2006) presaged the extensive decline in September sea ice extent in 2007 when they stated: ``With the East Arctic Ocean dominated by seasonal ice, a strong summer melt may open a vast ice-free region with a possible record minimum ice extent largely confined to the West Arctic Ocean.'' Arctic sea ice declined rapidly to unprecedented low extents in summer 2007 (Stroeve et al. 2008). On August 16-17, 2007, Arctic sea ice surpassed the previous single-day (absolute minimum) record for the lowest extent ever measured by satellite (set in 2005), and the sea ice was still melting (NSIDC Arctic Sea Ice News, August 17, 2007). On September 16, 2007 (the end of the melt season), the 5-day running mean sea ice extent reported by NSIDC was 4.13 million sq km (1.59 million sq mi), an all-time record low. This was 23 percent lower than the previous record minimum reported in 2005 (see Figure 3) (Stroeve et al. 2008) and 39 percent below the long-term average from 1979 to 2000 (see Figure 4) (NSIDC Press Release, October 1, 2007). Arctic sea ice receded so much in 2007 that the so-called ``Northwest Passage'' through the straits of the Canadian Arctic Archipelago completely opened for the first time in recorded history (NSIDC Press Release, October 1, 2007). Based on a time-series of data from the Hadley Centre, extending back before the advent of the PM satellite era, sea ice extent in mid-September 2007 may have fallen by as much as 50 percent from the 1950s to 1970s (Stroeve et al. 2008). The minimum September Arctic sea ice extent since 1979 is now declining at a rate of approximately 10.7 percent per decade (Stroeve et al. 2008), or approximately 72,000 sq km (28,000 sq mi) per year (see Figure 3 below) (NSIDC Press Release, October 1, 2007). [[Page 28221]] [GRAPHIC] [TIFF OMITTED] TR15MY08.004 [GRAPHIC] [TIFF OMITTED] TR15MY08.005 [[Page 28222]] In August 2007, Arctic sea ice area (recall that ``area'' is a different metric than ``extent'' used in the preceding paragraphs) also broke the record for the minimum Arctic sea ice area in the period since the satellite PM record began in the 1970s (University of Illinois Polar Research Group 2007 web site; http:// arctic.atmos.uiuc.edu/cryosphere/).