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:

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.