[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5429 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5429

    To amend the Marine Mammal Protection Act of 1972 to authorize 
 appropriations for marine mammal cooperative management agreements in 
                    Alaska, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2008

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To amend the Marine Mammal Protection Act of 1972 to authorize 
 appropriations for marine mammal cooperative management agreements in 
                    Alaska, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Cooperative Agreements 
in Alaska Amendments Act of 2008''.

SEC. 2. COOPERATIVE AGREEMENTS IN ALASKA.

    (a) Definition of Depletion and Depleted.--Section 3(1)(A) of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(1)(A)) is amended 
by striking ``of this Act,'' and inserting ``and, for any stock subject 
to a cooperative agreement with a harvest management plan entered into 
under section 119, those Alaska Native organizations that are 
signatories to such an agreement,''.
    (b) Exemption of Takings for Subsistence or Authentic Native 
Articles.--Section 101(b) (16 U.S.C. 1371) is amended by striking 
``section 109'' and inserting ``sections 109 and 119(c)''.
    (c) Use of Alaska Native Organizations for Enforcement.--Section 
107(a) (16 U.S.C. 1377(a)) is amended by inserting ``, or of an Alaska 
Native organization for purposes of enforcing this title pursuant to a 
harvest management plan with the organization under section 119'' 
before the period at the end.
    (d) Marine Mammal Cooperative Agreements in Alaska.--Section 119 
(16 U.S.C. 1388) is amended to read as follows:

``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

    ``(a) Marine Mammal Cooperative Agreements in Alaska.--
            ``(1) In general.--The Secretary may enter into cooperative 
        agreements with Alaska Native organizations to conserve and 
        manage any stock of marine mammals and provide comanagement of 
        subsistence use by Alaska Natives. Such agreements may include, 
        among other purposes--
                    ``(A) the collection and analysis of population 
                data;
                    ``(B) harvest monitoring;
                    ``(C) participation in marine mammal research;
                    ``(D) development of marine mammal comanagement 
                structures;
                    ``(E) collection of biological specimens;
                    ``(F) educational and scientific displays;
                    ``(G) a harvest management plan governing Alaska 
                Native subsistence use for those stocks or species 
                covered by the cooperative agreement; and
                    ``(H) reporting requirements.
            ``(2) Consultation.--The Secretaries shall consult with 
        each other in the development of cooperative agreements to 
        ensure consistency in the implementation of this section.
            ``(3) Reporting requirements.--
                    ``(A) Reports by permittees.--All transfers of 
                marine mammal specimens collected under subsection 
                (a)(1)(E) shall be included in reports under section 
                104(c)(1) from scientific researchers who receive the 
                specimens under authority granted under that section.
                    ``(B) Reports by alaska native organizations.--An 
                Alaska Native organization shall--
                            ``(i) maintain an inventory of all marine 
                        mammal parts used in a display under subsection 
                        (a)(1)(F); and
                            ``(ii) provide periodic reports to the 
                        Secretary on such use.
    ``(b) Management Plan Requirements.--
            ``(1) In general.--A harvest management plan established 
        under a cooperative agreement under this section with an Alaska 
        Native organization shall--
                    ``(A) apply only to Alaska Natives, included in the 
                exemption under section 101(b);
                    ``(B) identify the signatories to the plan, and the 
                stock or species and geographic area covered by the 
                plan;
                    ``(C) be based on biological information and 
                traditional ecological knowledge;
                    ``(D) provide for a sustainable harvest of each 
                stock or species covered by the plan, and be designed 
                to prevent populations of such stocks and species from 
                becoming depleted;
                    ``(E) have a clearly defined process and authority 
                for enforcement and implementation of any management 
                prescriptions under the plan; and
                    ``(F) specify the duration of the plan and set 
                forth procedures for periodic review and termination of 
                the plan.
            ``(2) Responsibilities of alaska native organization.--A 
        harvest management plan established under a cooperative 
        agreement under this section must require the Alaska Native 
        organization to--
                    ``(A) monitor compliance by Alaska Natives with the 
                terms of harvest management plan;
                    ``(B) administer its management of marine mammals 
                in accordance with the terms of the harvest management 
                plan; and
                    ``(C) report to the Secretary on actions taken to 
                implement the agreement and the harvest management 
                plan.
    ``(c) Implementing Regulations and Ordinances.--
            ``(1) Regulations by secretary.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary--
                            ``(i) shall promulgate such regulations as 
                        are necessary to carry out this section; and
                            ``(ii) may promulgate regulations that 
                        implement any ordinance, regulation, or other 
                        provision that--
                                    ``(I) is included in an Alaskan 
                                Native organization harvest management 
                                plan established under a cooperative 
                                agreement; and
                                    ``(II) restricts the taking or use 
                                of marine mammals for subsistence 
                                purposes consistent with such plan.
                    ``(B) Limitation.--The Secretary may not promulgate 
                any regulation under subparagraph (A) unless the 
                regulation--
                            ``(i) is necessary to carry out this 
                        section;
                            ``(ii) is no more restrictive than any 
                        taking limit or other restriction contained in 
                        the harvest management plan adopted by the 
                        Alaska Native organization and implemented by 
                        the Secretary in accordance with this section; 
                        and
                            ``(iii) is necessary to improve compliance 
                        with any taking limit or other restriction in a 
                        harvest management plan that is adopted by the 
                        Alaskan Native organization and implemented by 
                        the Secretary in accordance with this section.
            ``(2) Depleted stocks.--A regulation or ordinance adopted 
        by an Alaska Native organization in a harvest management plan 
        for a depleted stock shall apply only to the extent the 
        regulation or ordinance is consistent with regulations issued 
        by the Secretary under sections 101(b) and 103 that apply to 
        such stock.
    ``(d) Prohibition.--It is unlawful for any Alaska Native within the 
geographic area to which a harvest management plan under this section 
applies, to take, transport, sell, or possess a marine mammal in 
violation of the provisions of a harvest management plan or regulations 
promulgated under this section.
    ``(e) Grants.--An agreement entered into under this section may, 
subject to the availability of appropriations, include a grant by the 
Secretary to an Alaska Native organization for, among other purposes--
            ``(1) collecting and analyzing data on marine mammal 
        populations;
            ``(2) monitoring the harvest of marine mammals for 
        subsistence and handicraft uses;
            ``(3) participating in marine mammal research conducted by 
        the Federal Government, the State of Alaska, academic 
        institutions, or private organizations; and
            ``(4) developing marine mammal comanagement structures with 
        Federal and State agencies, and implementing and enforcing any 
        harvest management plan included in the agreement.
    ``(f)  Advance Notice and Opportunity for Comment Regarding 
Proposed Regulations.--Before proposing any regulation under section 
101(b) relating to the taking of a stock of marine mammals that is the 
subject of a harvest management plan under this section, the Secretary 
shall--
            ``(1) solicit recommendations for such proposed regulation 
        from each Alaska Native organization engaged in harvest 
        management of the species or stock pursuant to this section; 
        and
            ``(2) provide to each such organization with a cooperative 
        agreement--
                    ``(A) a copy of the proposed regulation;
                    ``(B) an analysis of how the proposed regulation 
                would achieve the goal of being the least restrictive 
                measure upon subsistence use of the stock and the 
                conservation of marine mammals; and
                    ``(C) an opportunity to comment on the proposed 
                regulation prior to publication of any proposed 
                regulations in the Federal Register.
    ``(g) Public Notice.--The Secretary shall publish each harvest 
management plan entered into under this section.
    ``(h) FACA Exemption.--The Federal Advisory Committee Act (5 App. 
U.S.C.) shall not apply with respect to the provision of any advice or 
recommendations to the Secretary by any Alaska Native organization 
(including any scientific review group associated with such an 
organization), or the obtaining of any advice or recommendations by the 
Secretary from such an organization, for the purpose of formulation or 
implementation of a cooperative agreement under this section.
    ``(i) Relationship to Title V.--Nothing in this section affects 
title V or any authority under title V of this Act.
    ``(j) Effect of Jurisdiction.--Nothing in this section is intended 
or shall be construed--
            ``(1) as authorizing any expansion or change in the 
        respective jurisdiction of Federal, State, or Tribal 
        governments over fish and wildlife resources; or
            ``(2) as altering in any respect the existing political or 
        legal status of Alaska Natives, or the governmental or 
        jurisdictional status of Alaska Native communities or Alaska 
        Native entities.
    ``(k) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for the purposes of carrying out this section--
                    ``(A) to the Secretary of the Interior, $3,000,000 
                for each of fiscal years 2007 through 2010; and
                    ``(B) to the Secretary of Commerce $3,700,000, for 
                each of fiscal years 2007 through 2010 of which not 
                less than $300,000 shall be for payment to the 
                Indigenous People's Council for Marine Mammals, or its 
                successor organization, for administrative expenses and 
                statewide coordination between its member Alaska Native 
                Organizations.
            ``(2) Administrative costs.--Of the amounts authorized 
        under this section for each of the Secretary of Commerce and 
        the Secretary of the Interior, not more than 5 percent may be 
        used for agency administrative costs.
    ``(l) Report to Congress.--The Secretaries shall each issue a 
report to Congress on--
            ``(1) actions taken to implement this section; and
            ``(2) the use of funds authorized by this section by the 
        Secretaries and Alaska Native organizations, including the 
        Indigenous People's Council for Marine Mammals.
    ``(m) Indigenous People's Council for Marine Mammals Defined.--For 
the purpose of this section the term `Indigenous People's Council for 
Marine Mammals' means a consortium of Alaska Native organizations that 
are engaged in the conservation and comanagement of subsistence use of 
marine mammals by Alaska Natives.''.
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