Back in December of 2006 the Department of the Interior announced the U.S. Fish and Wildlife Service (USFWS) was proposing to list the polar bear as a threatened species under the Endangered Species Act. On Wednesday the Secretary of the Interior, Dirk Kempthorne announced that the polar bear will be listed as threatened under the Endangered Species Act (ESA).

Following the 2006 announcement The USFWS spent the next 12 months gathering information. At the time of the announcement concerns were based on the effects of receding ice on polar bear populations.

At 2:30 p.m. EDT on Wednesday Kempthorne held a press conference to declare that he would be accepting the recommendations of the USFWS to change the status of the polar bear.

Shortly after the announcement the Governor's office issued a statement (audio) which shows disappointment with the decision. Governor Palin's concerns pertain to the federal actions that she believes may "threaten the viable, productive and environmentally responsible oil and gas industry along Alaska's North Slope." However the release states that the state of Alaska will work with the USFWS "to ensure that polar bear populations remain viable for decades to come."

A press release was issued in conjunction with the conference which stated, "The listing is based on the best available science, which shows that loss of sea ice threatens and will likely continue to threaten polar bear habitat.  This loss of habitat puts polar bears at risk of becoming endangered in the foreseeable future, the standard established by the ESA for designating a threatened species."

Kempthorne went on to say, "While the legal standards under the ESA compel me to list the polar bear as threatened, I want to make clear that this listing will not stop global climate change or prevent any sea ice from melting.  Any real solution requires action by all major economies for it to be effective.  That is why I am taking administrative and regulatory action to make certain the ESA isn't abused to make global warming policies."

The listing was illustrated by charts and models which can be seen here. 

The USFWS used nine studies delivered by the US Geological Survey (USGS), which relied upon 10 peer-reviewed climate models, all of which project declining sea levels. However the release specifically indicates that, "Based on actual observations of trends in sea ice over the past three decades, these models may actually understate the extent and change rate of projected sea ice loss."

Prior to Wednesday's announcement the polar bear was already the focus of multiple major protection acts. According to the 2006 press release, "Polar bears are already protected under the Marine Mammal Protection Act of 1972. Under that law, it is generally prohibited to (1) take or (2) import marine mammals and their parts or products."

In early December of 2006 congress also passed the United States-Russia Polar Bear Conservation and Management Act of 2006, an act designed to conserve polar bears between the two countries.

However none of these listings go so far as to protect the polar bear habitat.

One of the five factors that assisted the decision was based on an ESA standard that states that species qualify for a listing if there is "present or threatened destruction, modification, or curtailment of habitat."

Kempthorne also stated that action would be taken in order to avoid misusing the ESA to regulate global climate change. Specifically, Kempthorne stated that any protections under the "stricter standards" of the Marine Mammal Protection Act will in addition be upheld by the ESA, with respect to the polar bear. Also USFWS Director Dale Hall will issue guidance to staff that states that, "the best scientific data available today cannot make a causal connection between harm to listed species or their habitats and greenhouse gas emissions from a specific facility, or resource development project or government action."

Kempthorne also announced "common sense modifications" will be proposed to the existing ESA regulatory language. The goal of such language is to prevent abuse of the polar bear listing as a "back-door" to climate policy.

The Department will continue to monitor polar bear population trends, study their feeding ecology and provide technical assistance to the participants of the 1988 North Slope Borough Inuvialuit Game Council Agreement. The council works for conservation of polar bears in the Southern Beaufort Sea region, which monitors the effects of oil and gas operations in the Beaufort region. Additionally the Department will continue cooperation with the Nanuuq Commission and the North Slope Borough, in order to co-manage polar bears in Alaska.

For more information view the press release or the ESA special 4(d) rule, which is open to public comment for the next 60 days.