[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5155 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5155

To direct the Secretary of Commerce to conduct an aerial assessment of 
sea turtle populations in United States waters, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2010

 Mr. Jones (for himself and Mr. Ortiz) introduced the following bill; 
        which was referred to the Committee on Natural Resources

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                                 A BILL


 
To direct the Secretary of Commerce to conduct an aerial assessment of 
sea turtle populations in United States waters, 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. AERIAL ASSESSMENT OF SEA TURTLE POPULATIONS IN UNITED STATES 
              WATERS.

    (a) Study.--The Secretary of Commerce shall conduct an aerial 
assessment of and report to Congress on the population abundance and 
spatial and temporal distribution of Green, Loggerhead, Leatherback, 
Kemp's Ridley, and Hawksbill sea turtles in State and Federal waters of 
the United States.
    (b) Limitation on Rulemaking Authority.--
            (1) In general.--The Secretary may not issue any rule 
        regarding incidental fisheries bycatch of any of the species 
        referred to in subsection (a) under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.) or the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) before the date the Secretary submits a report to 
        Congress on the findings of the study required under subsection 
        (a).
            (2) Exception.--Paragraph (1) shall not apply to any rule 
        to alter or restrict use of a specific gear type in a specific 
        fishery, if the Secretary certifies to Congress in writing that 
        the rule is an emergency rule determined by the Secretary, 
        based on independently peer-reviewed science, to be necessary--
                    (A) to protect a species referred to in subsection 
                (a) from being imminently determined by the Secretary 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.) to be an endangered species primarily as 
                a result of incidental take of such species by that 
                gear type in that fishery; or
                    (B) to protect a species referred to in subsection 
                (a) that is listed under that Act as an endangered 
                species from imminent extinction primarily as a result 
                of incidental take of such species by that gear type in 
                that fishery.
                                 <all>