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H.R. 4075 (109th): United States-Russia Polar Bear Conservation and Management Act of 2006

The text of the bill below is as of Jul 17, 2006 (Passed the House).


I

109th CONGRESS

2d Session

H. R. 4075

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To amend the Marine Mammal Protection Act of 1972 to provide for better understanding and protection of marine mammals, and for other purposes.

1.

Short title

This Act may be cited as the Marine Mammal Protection Act Amendments of 2006.

2.

Amendment references

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to such section or other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

3.

Technical corrections

(a)

Committee references

The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by striking Committee on Merchant Marine and Fisheries each place it appears and inserting Committee on Resources.

(b)

Obsolete reference to section

Section 118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended by striking , except that and all that follows through is valid.

4.

Limited authority to export marine mammal products

(a)

In general

Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following:

(B)

A marine mammal product may be exported from the United States if the product—

(i)

is legally possessed, and exported by, a citizen of the United States for noncommercial purposes in conjunction with travel outside the United States and the product is imported into the United States by the same person upon the termination of travel;

(ii)

is legally possessed, and exported by, a person that is not a citizen of the United States for noncommercial purposes;

(iii)

is legally possessed and exported as part of a cultural exchange, by an Indian, Aleut, or Eskimo residing in Alaska; or

(iv)

is owned by a Native inhabitant of Russia, Canada, or Greenland and is exported for noncommercial purposes—

(I)

in conjunction with, and upon the completion of, travel within the United States; or

(II)

as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alaska.

.

(b)

Conforming amendment

Section 101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is amended by inserting for noncommercial purposes after United States the first place it appears.

5.

Captive release prohibition

Section 102(a) (16 U.S.C. 1372(a)) is amended—

(1)

in paragraph (4) by striking subsection 104(c); and and inserting section 104(c);;

(2)

in paragraph (5) by striking the period and inserting ; and; and

(3)

by adding at the end the following:

(6)

for any person that is subject to the jurisdiction of the United States to release any captive marine mammal unless specifically authorized to do so under section 104(c)(3)(A), 104(c)(4)(A), or 109(h), except that this paragraph shall not apply to the temporary release of any marine mammal that is maintained in captivity under section 7524 of title 10, United States Code (including any progeny of a marine mammal maintained under that section).

.

6.

Annual report requirement

Section 103(f) (16 U.S.C. 1373(f)) is amended in the first sentence, by inserting and notwithstanding Public Law 104–66 after thereafter.

7.

Permit clarifications

(a)

Clarifications

Section 104 (16 U.S.C. 1374) is amended as follows:

(1)

Subsection (c)(7) is amended by inserting notwithstanding any other provision of law after requesting the permit.

(2)

Subsection (c)(9) is amended to read as follows:

(9)
(A)

No marine mammal may be exported—

(i)

for the purpose of public display, unless the Secretary of Agriculture evaluates and verifies, and thereafter notifies the Secretary, that the receiving facility meets standards that are comparable to the requirements that a person must meet to receive a permit under this subsection for that purpose; or

(ii)

for the purpose of scientific research or enhancing the survival or recovery of a species or stock, unless the receiving facility meets standards that are comparable to the requirements that a person must meet to receive a permit under this subsection for that purpose.

(B)

The Secretary may not require or request, through comity or any other means, that any marine mammal or its progeny remain subject to the jurisdiction of the United States when located in waters or on lands that are subject to the jurisdiction of another country.

.

(3)

Subsection (c)(10) is amended—

(A)

in the first sentence by inserting held within the lands and waters of the United States after marine mammals each place it appears;

(B)

by inserting after the first sentence the following: The Secretary shall update the inventory on an annual basis.; and

(C)

in subparagraph (D) by inserting ownership, or other after date of.

(b)

Review and report regarding inventory

(1)

Review

The Secretaries of Commerce and the Interior shall, by not later than 12 months after date of the enactment of this Act, jointly conduct a review of the inventory maintained under section 104(c)(10) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(10)), the use of the information in the inventory, and the costs, benefits, and issues associated with the development of an online inventory.

(2)

Consultation

In conducting the review, the Secretary shall consult and solicit input from persons who are required to provide information for the inventory.

(3)

Report

The Secretary shall submit a report to Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings of the review under this subsection. The report shall include the following:

(A)

Recommendations on whether the inventory should be maintained by the Secretary or by another person under contract.

(B)

How the Secretary would oversee maintenance of the inventory carried out under contract.

(C)

How public access and access by Federal agencies to the inventory can be maintained if the inventory is maintained under contract.

(D)

How the Secretary can minimize duplication on the information the Secretary receives from public display facilities and reduce the paper work burden on those facilities.

(E)

An estimate of the cost of maintaining the inventory.

(F)

A description of how the Secretary will ensure the secure maintenance of the data in the inventory.

(G)

An analysis of the potential that online availability of the information in the inventory could adversely affect the safety of the animals.

(c)

Limitation on notification requirements

Section 104(c) (16 U.S.C. 1374(c)) is amended in paragraph (2)(E) in the first sentence, and in paragraph (8)(B)(i)(II), by inserting before the period at the end the following: , except that if the transport is for purposes of public display and the transfer is between facilities where the ownership and care of the marine mammal will be under the same license or registration issued under the Animal Welfare Act (7 U.S.C. 2131 et seq.) then only a notice of transport is required.

8.

Fines and penalties

(a)

Fines and penalties, generally

Section 105 (16 U.S.C. 1375) is amended—

(1)

in subsection (a)(1) by striking $10,000 and inserting $20,000; and

(2)

in subsection (b) by striking $20,000 and inserting $30,000.

(b)

Vessel penalty

Section 106(b) (16 U.S.C. 1376(b)) is amended by striking $25,000 and inserting $35,000.

9.

Marine mammal grants

Section 110(a) (16 U.S.C. 1380(a)) is amended to read as follows:

(a)

Authorization of assistance; annual report

(1)

Authorization of assistance

The Secretary may make grants, or provide financial assistance in such other form as the Secretary considers appropriate, to any Federal or State agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects that are relevant to the protection and conservation of marine mammals.

(2)

Reports

(A)

Reports by Secretary

The Secretary shall include a description of the results of research carried out with assistance under this section in the annual report required under section 103(f).

(B)

Reports by Federal agencies

The head of each Federal agency that conducts and provides funds for research on marine mammals shall report annually to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on funding provided and research conducted regarding marine mammals during the preceding year.

(3)

Contributions

For purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.

.

10.

Fisheries gear development

Section 111 (16 U.S.C. 1381) is amended as follows:

(1)

Subsection (a) is amended to read as follows:

(a)

Fishing gear development program

(1)

In general

The Secretary of Commerce (in this section referred to as the Secretary) shall—

(A)

carry out a program for the purpose of devising improved fishing gear and methods so as to reduce to the maximum extent practicable the incidental taking of marine mammals in connection with fishing operations; and

(B)

make every practicable effort to develop, evaluate, and make available to owners and operators of fishing vessels such gear and fishing method improvements as quickly as possible.

(2)

Coordination with other countries

The Secretary may coordinate with other countries to foster gear technology transfer initiatives to reduce to the maximum extent practicable the incidental mortality and serious injury of marine mammals throughout the full extent of their range.

.

(2)

By adding at the end the following:

(e)

Gear improvement mini-grant program

(1)

In general

Subject to the availability of appropriations, the Secretary may establish a grant program to provide financial assistance for developing, manufacturing, testing, or designing new types of fishing gear designed to reduce to the maximum extent practicable the incidental taking (including incidental mortality and serious injury) of marine mammals.

(2)

Grant amount and purposes

The amount of a grant under this subsection may not exceed $20,000.

(3)

Grant applications

To receive a grant under this section, an applicant must submit an application in such form and manner as the Secretary may prescribe.

(4)

Consultation regarding criteria

The Secretary shall consult with the Secretary of the Interior and the Marine Mammal Commission regarding the development of criteria for the awarding of grants under this subsection.

(5)

Administrative costs

Of amounts available each fiscal year to carry out this subsection, the Secretary may expend not more than $40,000 to pay the administrative expenses necessary to carry out this subsection.

(6)

Contributions

For purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.

.

11.

Conforming amendment

Subsection (c) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is amended in paragraph (2) by striking 160 degrees west longitude and inserting 150 degrees west longitude.

12.

Take reduction plans

(a)

In general

Section 118 (16 U.S.C. 1387) is amended as follows:

(1)

In subsection (a) by striking commercial each place it appears in paragraphs (1) and (5).

(2)

In subsection (c)(1) by striking so much as precedes subparagraph (B) and inserting the following:

(c)

Registration and authorization

(1)

The Secretary shall, within 90 days after the date of enactment of the Marine Mammal Protection Act Amendments of 2006—

(A)

publish in the Federal Register for public comment, for a period of not less than 90 days, any necessary changes to the Secretary’s list of fisheries published under section 114(b)(1) in the Federal Register on August 24, 1994 (along with an explanation of such changes and a statement describing the marine mammal stocks interacting with, and the approximate number of vessels or persons actively involved in, each such fishery), with respect to—

(i)

commercial and recreational fisheries that have frequent incidental mortality and serious injury of marine mammals;

(ii)

commercial and recreational fisheries that have occasional incidental mortality and serious injury of marine mammals; or

(iii)

commercial fisheries that have a remote likelihood of or no known incidental mortality or serious injury of marine mammals;

.

(3)

In subsection (c)(1) in subparagraphs (B) and (C) by striking commercial.

(4)

In subsection (c)(2)(A) by striking commercial.

(5)

In subsection (c)(3)(A) in the matter preceding clause (i) by striking a commercial fishery and inserting that fishery.

(6)

In subsection (c)(3)(E) by inserting commercial after any.

(7)

In subsection (c)(5)(B) by striking commercial.

(8)

In subsection (d)(1) in the matter preceding subparagraph (A) by striking commercial fishing operations and inserting fishing operations in a fishery listed under subsection (c)(1)(A)(i) or (ii).

(9)

In subsection (d)(3) in the matter preceding subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii).

(10)

In subsection (d)(4) as follows:

(A)

In the matter preceding subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii).

(B)

In subparagraph (A) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii).

(C)

In subparagraph (B) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii).

(D)

In subparagraph (C) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii).

(11)

In subsection (d)(5) by striking commercial fishing operations and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii).

(12)

In subsection (e) in the matter preceding paragraph (1)—

(A)

by striking commercial each place it appears; and

(B)

by striking this Act and inserting this section.

(13)

In subsection (f) by striking so much as precedes paragraph (2) and inserting the following:

(f)

Take reduction plans

(1)

The Secretary shall develop and implement a take reduction plan designed to assist in the recovery or prevent the depletion of each strategic stock which interacts with a fishery listed under subsection (c)(1)(A)(i) or (ii), unless the Secretary determines, after notice and opportunity for public comment, that the level of fishery related mortality and serious injury is having a negligible impact on that stock. The Secretary may develop and implement a take reduction plan for any other marine mammal stocks which interact with a fishery listed under subsection (c)(1)(A)(i) which the Secretary determines, after notice and opportunity for public comment, has a high level of mortality and serious injury across a number of such marine mammal stocks.

.

(14)

In subsection (f)(2)—

(A)

by striking 6 months and inserting 9 months; and

(B)

by striking commercial fishing operations each place it appears and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii).

(15)

In subsection (f)(3) by striking commercial.

(16)

In subsection (f)(4)(B) by striking commercial fishing operations and inserting fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii).

(17)

In subsection (f)(5)—

(A)

in subparagraph (A) by striking 6 months and inserting 9 months; and

(B)

in subparagraphs (A) and (B) by striking commercial each place it appears.

(18)

In subsection (f)(6)(A)—

(A)

by striking (not later than 30 days); and

(B)

in clause (ii) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii).

(19)

In subsection (f)(6)(C) in the second sentence, by inserting before , and others the following: , where appropriate a representative of the office of General Counsel of the National Oceanic and Atmospheric Administration, a representative of the National Marine Fisheries Service having responsibilities related to fisheries science, a representative of the National Marine Fisheries Service having responsibilities related to law enforcement, and a representative of the appropriate National Marine Fisheries Service Regional Administrator.

(20)

In subsection (f)(7)—

(A)

in subparagraph (A)(i) by striking 6 months and inserting 9 months;

(B)

in subparagraph (B)(i)—

(i)

by striking not later than 60 days and inserting not later than 120 days; and

(ii)

by adding at the end the following: Before publishing any plan that is different than the draft plan proposed by a take reduction team, the Secretary shall reconvene the team and explain to the team the differences between the published plan and the draft plan proposed by the team.; and

(C)

in subparagraph (B)(ii)—

(i)

by striking 6 months and inserting 9 months; and

(ii)

by striking not later than 8 months and inserting not later than 11 months.

(21)

In subsection (f)(7)(C) by striking Not later than 60 days and inserting Not later than 90 days.

(22)

In subsection (f)(7)(D) by striking commercial.

(23)

In subsection (f)(8)—

(A)

in subparagraph (C) by striking Not later than 60 days and inserting Not later than 180 days; and

(B)

by striking commercial each place it appears.

(24)

In subsection (f)(9) as follows:

(A)

In subparagraph (A) by striking commercial fisheries or restrict commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii) or restrict such fisheries.

(B)

In subparagraphs (B) and (C) by striking commercial each place it appears.

(C)

In subparagraph (D) by striking commercial fishing operations and inserting participation in a fishery listed under subsection (c)(1)(A)(i) or (ii).

(25)

In subsection (g)(1) by striking commercial fisheries and inserting fisheries listed under subsection (c)(1)(A)(i) or (ii).

(26)

In subsection (g)(3)(B) by striking commercial.

(27)

In subsection (g)(4) by striking commercial fishery and inserting fishery listed under subsection (c)(1)(A)(i) or (ii).

(28)

In subsection (j) by inserting including observer, research, and education and outreach programs, after For purposes of carrying out this section,.

(29)

By amending subsection (d)(1)(C) to read as follows:

(C)

identify current fishery regulations and changes in fishing methods or technology that may increase or decrease incidental mortality and serious injury.

.

(30)

In subsection (f)(2) in the last sentence by inserting conservation benefits of before State or regional fishery management plans..

(31)

By amending subsection (f)(4)(A) to read as follows:

(A)

a review of the information in the final stock assessment published under section 117(b), any substantial new information, a review of the conservation benefits from current State and regional fishery management regulations;

.

(b)

Stock assessments

Section 117(a)(4) is amended—

(1)

by striking and at the end of subparagraph (C);

(2)

by inserting and at the end of subparagraph (D); and

(3)

by adding at the end the following:

(E)

potential conservation benefits provided by State and regional fishery management regulations;

.

(c)

Conforming amendment

Section 101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E)) is amended by inserting or recreational after commercial each place it appears.

13.

Pinniped control program

Section 120 (16 U.S.C. 1389) is amended by adding at the end the following:

(k)

Nonlethal removal and control

(1)

The Secretary shall conduct a program on the nonlethal removal and control of nuisance pinnipeds. The program shall include a review of measures that have been taken to effect such removal and control, the effectiveness of these measures, and the development of new technologies to deter nuisance pinnipeds.

(2)

The Secretary shall include, among the individuals that develop the program under this subsection, representatives of the commercial and recreational fishing industries and, as appropriate, individuals with scientific proficiency, technical credentials, and expertise.

(3)

The Secretary is encouraged, where appropriate, to use independent marine mammal research institutions in developing and in conducting the program.

(4)

The Secretary shall, by December 31 of each year, submit an annual report on the results of research under this subsection to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(l)

Qualified nonlethal control projects

(1)

In general

The Secretary may, to the extent amounts are available to carry out this subsection, provide a grant to any eligible applicant to carry out a qualified nonlethal control project in accordance with this subsection.

(2)

Applications

The Secretary shall—

(A)

publish guidelines for and solicit applications for grants under this subsection not later than 6 months after the date of enactment of this subsection; and

(B)

receive, review, evaluate, and approve applications for grants under this subsection.

(3)

Eligible applicant

To be an eligible applicant for purposes of paragraph (1), an applicant must—

(A)

be a State, local government, or interstate or regional agency; and

(B)

have adequate personnel, funding, and authority to carry out and monitor or maintain a nonlethal control of nuisance pinnipeds project.

(4)

Qualified control project

To be a qualified control project under this subsection, a project must—

(A)

by humane and nonlethal means, remove, deter, and control nuisance pinnipeds in areas where they are a recurrent and persistent threat to public health and safety; and

(B)

encourage public notice, education, and outreach on project activities in the affected community.

(5)

Grant duration

Each grant under this subsection shall be to provide funding for the Federal share of the cost of a project carried out with the grant for up to 2 fiscal years.

(6)

Reporting by grantee

(A)

In general

A grantee carrying out a control project with a grant under this subsection shall report to the Secretary at the expiration of the grant.

(B)

Report contents

Each report under this subsection shall include specific information on the methods and techniques used to control nuisance pinniped species in the project area, and on the ensuing results.

(7)

Cost sharing

(A)

Federal share

Except as provided in paragraphs (2) and (3), the Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 75 percent of such cost.

(B)

Application of in-kind contributions

The Secretary may apply to the non-Federal share of costs of a control project carried out with a grant under this subsection the fair market value of services or any other form of in-kind contribution to the project made by non-Federal interests that the Secretary determines to be an appropriate contribution equivalent to the monetary amount required for the non-Federal share of the activity.

(C)

Derivation of non-federal share

The non-Federal share of the cost of a control project carried out with a grant under this subsection may not be derived from a Federal grant program or other Federal funds.

(8)

Clarification

Nothing in this subsection shall be interpreted as suspending or waiving any requirement under any other provision of this Act.

.

14.

Marine Mammal Commission

(a)

Number of employees

Section 206(5) (16 U.S.C. 1406(5)) is amended by striking ; except that no fewer than 11 employees must be employed under paragraph (1) at any time.

(b)

Administration

Section 206 (16 U.S.C. 1406) is amended—

(1)

in paragraph (4) by striking (but at rates for individuals not to exceed $100 per diem); and

(2)

in paragraph (5) by striking Financial and all that follows through the end of that sentence.

15.

Stranding and entanglement response

(a)

Collection and updating of information

Section 402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) is amended by inserting or entangled after stranded.

(b)

Entanglement response agreements

(1)

In general

Section 403 (16 U.S.C. 1421b) is amended—

(A)

by amending the section heading to read as follows:

403.

Stranding or entanglement response agreements

; and

(B)

in subsection (a) by inserting or entanglement before the period.

(2)

Clerical amendment

The table of contents at the end of the first section is amended by striking the item relating to section 403 and inserting the following:

Sec. 403. Stranding or entanglement response agreements

.

(c)

Liability

Section 406(a) (16 U.S.C. 1421e(a)) is amended by inserting or entanglement after stranding.

(d)

Entanglement defined

(1)

In general

Section 410 (16 U.S.C. 1421h) is amended—

(A)

by redesignating paragraphs (1) through (6) in order as paragraphs (2) through (7); and

(B)

by inserting before paragraph (2) (as so redesignated) the following:

(1)

The term entanglement means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to it and is—

(A)

on a beach or shore of the United States; or

(B)

in waters under the jurisdiction of the United States.

.

(2)

Conforming amendment

Section 408(a)(2)(B)(i) (16 U.S.C. 1421f–1(a)(2)(B)(i)) is amended by striking section 410(6) and inserting section 410(7).

(e)

John H. Prescott Marine Mammal Rescue Assistance Grant Program

(1)

Authorization of appropriations for grant program

Section 408(h) (16 U.S.C. 1421f–1(h)) is amended by striking $5,000,000 for each of fiscal years 2001 through 2003 and inserting $5,000,000 for each of fiscal years 2007 through 2010.

(2)

Administrative costs and expenses

Section 408 (16 U.S.C. 1421f–1) is amended—

(A)

by adding at the end of subsection (a)(1) the following: All funds available to implement this section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph and paragraph (2), except as provided in subsection (f).; and

(B)

by amending subsection (f) to read as follows:

(f)

Administrative costs and expenses

Of the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 5 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement the grant program under subsection (a). Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided as grants under subsection (a).

.

(3)

Emergency assistance

Section 408 (16 U.S.C. 1421f–1) is amended—

(A)

in subsection (a) by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following:

(2)

Subject to the availability of appropriations, the Secretary may also enter into cooperative agreements, contracts, or such other agreements or arrangements as the Secretary considers appropriate to address stranding events requiring emergency assistance.

;

(B)

in subsection (d) by inserting (1) before the text, and by adding at the end the following:

(2)

Funding for emergency stranding projects shall not be subject to the funding limit established in paragraph (1).

;

(C)

in subsection (e)—

(i)

in paragraph (1) by striking The non-Federal and inserting Except as provided in paragraph (2), the non-Federal;

(ii)

by redesignating paragraph (2) as paragraph (3); and

(iii)

by inserting after paragraph (1) the following:

(2)

Emergency assistance

No non-Federal contribution shall be required for funding for a response to an emergency stranding event.

; and

(D)

in subsection (g) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following:

(2)

Emergency assistance

The term emergency assistance means assistance provided for a stranding event that—

(A)

is not an unusual mortality event as defined in section 409(6);

(B)

leads to an immediate increase in required costs for stranding response, recovery, or rehabilitation in excess of regularly scheduled costs;

(C)

may be cyclical or endemic; and

(D)

may involve out-of-habitat animals.

.

(4)

Contributions

Section 408 (16 U.S.C. 1421f–1) is amended by adding at the end the following:

(i)

Contributions

For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests.

.

(f)

Authorization of appropriations for Marine Mammal Unusual Mortality Event Fund

Section 409(3) (16 U.S.C. 1421g(3)) is amended by striking $500,000 for fiscal year 1993 and inserting $125,000 for each of fiscal years 2007 through 2010.

16.

Scrimshaw exemption

Any valid certificate of exemption referred to in section 18 of Public Law 103–238 (16 U.S.C. 1539 note) that was valid under that section on April 29, 1999, shall be valid during the 11-year period beginning October 31, 1999.

17.

Polar bears

(a)

In general

The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by adding at the end thereof the following:

V

Polar Bears

501.

Definitions

In this title:

(1)

Agreement

The term Agreement means the Agreement Between the Government of the United States of America and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear Population, signed at Washington, D.C., on October 16, 2000.

(2)

Alaska Nanuuq Commission

The term Alaska Nanuuq Commission means the Alaska Native entity, in existence on the date of enactment of this title, that represents all villages in the State of Alaska that engage in the annual subsistence taking of polar bears from the Alaska-Chukotka population and any successor entity.

(3)

Import

The term import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, without regard to whether the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.

(4)

Polar bear part or product

The term part or product of a polar bear means any polar bear part or product, including the gall bile and gall bladder.

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

Taking

The term taking has the meaning given the term in the Agreement.

(7)

Commission

The term Commission means the commission established under article 8 of the Agreement.

502.

Prohibitions

(a)

In general

It is unlawful for any person who is subject to the jurisdiction of the United States—

(1)

to take any polar bear in violation of the Agreement;

(2)

to take any polar bear in violation of the Agreement or any annual taking limit or other restriction on the taking of polar bears that is adopted by the Commission pursuant to the Agreement;

(3)

to import, export, possess, transport, sell, receive, acquire, or purchase, exchange, barter, or offer to sell, purchase, exchange, or barter any polar bear, or any part or product of a polar bear, that is taken in violation of paragraph (2);

(4)

to import, export, sell, purchase, exchange, barter, or offer to sell, purchase, exchange, or barter, any polar bear gall bile or polar bear gall bladder;

(5)

to commit, solicit another person to commit, or cause to be committed, any offense under this subsection; or

(6)

to violate any regulation promulgated by the Secretary to implement any of the prohibitions established in this subsection.

(b)

Exceptions

For the purpose of forensic testing or any other law enforcement purpose, the Secretary, and Federal law enforcement officials, and any State or local law enforcement official authorized by the Secretary, may import a polar bear or any part or product of a polar bear.

503.

Administration

(a)

In general

The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of the United States. The Secretary shall consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement.

(b)

Utilization of other government resources and authorities

(1)

Other government resources

The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this title or the Agreement.

(2)

Other powers and authorities

Any person authorized by the Secretary under this subsection to enforce this title or the Agreement shall have the authorities that are enumerated in section 6(b) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(b)).

(c)

Ensuring compliance

(1)

Title I authorities

The Secretary may use authorities granted under title I to enforce this title.

(2)

Additional authorities

Any gun, trap, net, or other equipment used, to aid in the violation or attempted violation of this title shall be subject to seizure and forfeiture under section 106.

(d)

Regulations

(1)

In general

The Secretary shall promulgate such regulations as are necessary to carry out this title and the Agreement.

(2)

Ordinances and regulations

If necessary to carry out this title and the Agreement, and to improve compliance with any annual taking limit or other restriction on taking adopted by the Commission and implemented by the Secretary in accordance with this title, the Secretary may promulgate regulations that adopt any ordinance or regulation that restricts the taking of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the Alaska Nanuuq Commission.

504.

Cooperative management agreement; authority to delegate enforcement authority

(a)

In general

The Secretary, acting through the Director of the United States Fish and Wildlife Service, may share authority under this title for the management of the taking of polar bears for subsistence purposes with the Alaska Nanuuq Commission if such commission is eligible under subsection (b).

(b)

Delegation

To be eligible for the management authority described in subsection (a), the Alaska Nanuuq Commission shall—

(1)

enter into a cooperative agreement with the Secretary under section 119 for the conservation of polar bears;

(2)

meaningfully monitor compliance with this title and the Agreement by Alaska Natives; and

(3)

administer its co-management program for polar bears in accordance with—

(A)

this title; and

(B)

the Agreement.

505.

Commission appointments; compensation, travel expenses, and claims

(a)

Appointment of U.S. Commissioners

(1)

Appointment

The United States commissioners on the Commission shall be appointed by the President, in accordance with paragraph 2 of article 8 of the Agreement, after taking into consideration the recommendations of—

(A)

the Secretary;

(B)

the Secretary of State; and

(C)

the Alaska Nanuuq Commission.

(2)

Qualifications

Both of the United States commissioners shall have knowledge or expertise in polar bears.

(3)

Service and term

Each United States commissioner shall serve—

(A)

at the pleasure of the President; and

(B)

for an initial 4-year term and such additional terms as the President shall determine.

(4)

Vacancies

(A)

In general

Any individual appointed to fill a vacancy occurring before the expiration of any term of office of a United States commissioner shall be appointed for the remainder of that term.

(B)

Manner

Any vacancy on the Commission shall be filled in the same manner as the original appointment.

(b)

Alternate commissioners

(1)

In general

The Secretary, in consultation with the Secretary of State and the Alaska Nanuuq Commission, shall designate an alternate commissioner for each member of the United States section.

(2)

Duties

In the absence of a United States commissioner, an alternate commissioner may exercise all functions of the United States commissioner at any meetings of the Commission or of the United States section.

(3)

Reappointment

An alternate commissioner—

(A)

shall be eligible for reappointment by the President; and

(B)

may attend all meetings of the United States section.

(c)

Duties

The members of the United States section may carry out the functions and responsibilities described in article 8 of the Agreement in accordance with this title and the Agreement.

(d)

Compensation and expenses

(1)

Compensation

A member of the United States section shall serve without compensation.

(2)

Travel expenses

A member of the United States section shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the United States-Russia Polar Bear Commission.

(e)

Agency designation

The United States section shall, for the purpose of title 28, United States Code, relating to claims against the United States and tort claims procedure, be considered to be a Federal agency.

506.

Votes taken by the United States Section on matters before the Commission

In accordance with paragraph 3 of article 8 of the Agreement, the United States section , made up of commissioners appointed by the President, shall vote on any issue before the United States-Russia Polar Bear Commission only if there is no disagreement between the United States commissioners regarding the vote.

507.

Implementation of actions taken by the Commission

(a)

In general

The Secretary shall take all necessary actions to implement the decisions and determinations of the Commission under paragraph 7 of article 8 of the Agreement.

(b)

Taking limitation

Not later than 60 days after the date on which the Secretary receives notice of the determination of the Commission of an annual taking limit, or of the adoption by the Commission of other restriction on the taking of polar bears for subsistence purposes, the Secretary shall publish a notice in the Federal Register announcing the determination or restriction.

508.

Application with other titles of Act

The authority of the Secretary under this title is in addition to, and shall not affect the authority of the Secretary under, the other titles of this Act or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives under section 101(b) of this Act.

509.

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this title and the Agreement $2,000,000 for each of fiscal years 2007 through 2010.

.

(b)

Clerical amendment

The table of contents in the first section of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by adding at the end the following:

Title V—Polar Bears

Sec. 501. Definitions.

Sec. 502. Prohibitions.

Sec. 503. Administration.

Sec. 504. Cooperative management agreement; authority to delegate enforcement authority.

Sec. 505. Commission appointments; compensation, travel expenses, and claims.

Sec. 506. Votes taken by the United States Section on matters before the Commission.

Sec. 507. Implementation of actions taken by the Commission.

Sec. 508. Application with other titles of Act.

Sec. 509. Authorization of appropriations.

.

(c)

Treatment of containers

Section 107(d)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2)) is amended—

(1)

by striking or other conveyance and inserting , other conveyance, or container; and

(2)

by striking or conveyance and inserting conveyance, or container.

Passed the House of Representatives July 17, 2006.

Karen L. Haas

Clerk.