[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1305 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 198
116th CONGRESS
  1st Session
                                H. R. 1305

                      [Report No. 116-249, Part I]

   To implement the Agreement on the Conservation of Albatrosses and 
                    Petrels, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2019

     Mr. Lowenthal (for himself, Mr. Fitzpatrick, Mr. Ted Lieu of 
California, Mr. Blumenauer, Mr. Kilmer, Mr. Garamendi, Ms. Norton, Mr. 
   DeFazio, Mr. McNerney, Ms. Brownley of California, Mr. Pocan, Mr. 
Schiff, Mr. Cartwright, and Mr. Huffman) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
   addition to the Committee on Foreign Affairs, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                            October 22, 2019

Additional sponsors: Ms. Eshoo, Mr. DeSaulnier, Mr. Van Drew, Mr. Case, 
   Mr. Cohen, Ms. Lofgren, Mrs. Napolitano, Ms. Mucarsel-Powell, Mr. 
    Harder of California, Ms. Wild, Ms. Schakowsky, Mr. Suozzi, Ms. 
   DelBene, Ms. Adams, Mr. David Scott of Georgia, and Mr. Rooney of 
                                Florida

                            October 22, 2019

            Reported from the Committee on Natural Resources

                            October 22, 2019

Committee on Foreign Affairs discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
   To implement the Agreement on the Conservation of Albatrosses and 
                    Petrels, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Albatross and 
Petrel Conservation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--CONSERVATION MEASURES

Sec. 101. Reestablishment of species.
Sec. 102. Management of nonnative species.
Sec. 103. Habitat conservation and restoration.
Sec. 104. Management of human activities.
Sec. 105. Education and public awareness.
           TITLE II--PROHIBITED ACTS, PERMITS, AND EXEMPTIONS

Sec. 201. Prohibited acts.
Sec. 202. Authorization of take.
Sec. 203. Exemption.
                  TITLE III--PENALTIES AND ENFORCEMENT

Sec. 301. Enforcement.
                     TITLE IV--AGREEMENT AUTHORITY

Sec. 401. Agreement authority.
Sec. 402. Reporting.
Sec. 403. General coordination.
           TITLE V--INTERNATIONAL COOPERATION AND ASSISTANCE

Sec. 501. Cooperation among nations.
             TITLE VI--BYCATCH AND EQUIVALENT CONSERVATION

Sec. 601. Protected living marine resources.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Regulatory authority.
Sec. 702. Administration.
Sec. 703. Effective date.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee established by Article IX of the 
        Agreement.
            (2) Agreement.--Each of the terms ``Agreement on the 
        Conservation of Albatrosses and Petrels'' and ``Agreement'' 
        means the Agreement on the Conservation of Albatrosses and 
        Petrels, done at Cape Town, South Africa, on February 2, 2001.
            (3) Covered albatrosses and petrels.--The terms ``covered 
        albatrosses and petrels'' and ``covered albatross or petrel'' 
        mean any species, subspecies, population, or individual within 
        the taxonomic order Procellariiformes that is listed under 
        Annex I of the Agreement, whether dead or alive, including any 
        part, egg, derivative nest, or product of such a species, 
        subspecies, population, or individual.
            (4) Antarctica.--The term ``Antarctica'' means the area 
        south of 60 degrees south latitude.
            (5) Breeding site.--The term ``breeding site'' means--
                    (A) a location in the wild at which any covered 
                albatross or petrel eggs, tended by the parent birds, 
                have successfully hatched at any time in the previous 5 
                years; or
                    (B) a location where reestablishment of breeding 
                covered albatrosses and petrels is underway.
            (6) Conservation measure.--The term ``conservation 
        measure'' means any action taken for the purpose of achieving 
        or maintaining the favorable conservation status of covered 
        albatrosses and petrels.
            (7) Disturb and disturbance.--Each of the terms ``disturb'' 
        and ``disturbance'' means any act that interferes with the 
        natural behavioral patterns of covered albatrosses and petrels, 
        including migration, brooding, nesting, breeding, feeding, or 
        sheltering, to a point at which such behavioral patterns are 
        abandoned or significantly altered.
            (8) Favorable conservation status.--The term ``favorable 
        conservation status'' has the meaning given the term in Article 
        I of the Agreement.
            (9) Habitat.--The term ``habitat'' means any area within 
        the range, that contains suitable living conditions for covered 
        albatrosses and petrels, including appropriate nesting and 
        foraging areas.
            (10) Magnuson-stevens act.--The term ``Magnuson-Stevens 
        Act'' means the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
            (11) Party.--The term ``Party'' means any country 
        (including the United States) or regional economic integration 
        organization that has ratified or acceded to the Agreement.
            (12) Person.--The term ``person'' means--
                    (A) any individual (whether or not a citizen or 
                national of the United States);
                    (B) any corporation, partnership, association, or 
                other entity (whether or not existing under the laws of 
                any State); and
                    (C) any Federal, State, local, or foreign 
                government or any entity of such a government.
            (13) Range.--The term ``range'' means--
                    (A) all land or water that any covered albatrosses 
                and petrels inhabit, stay in temporarily, cross, or 
                over-fly, at any time during migration, breeding, 
                feeding, or aggregating; and
                    (B) any other areas that the Secretary or the 
                Secretary of Commerce determines have been used for any 
                of those purposes.
            (14) Range state.--The term ``range state'' means any 
        country--
                    (A) that exercises jurisdiction over any part of a 
                range; or
                    (B) the flagged vessels of which are engaged 
                outside of the jurisdictional limits of the country in 
                take, or in an activity that has the potential to take.
            (15) Regional fishery management council.--The term 
        ``Regional Fishery Management Council'' means any Regional 
        Fishery Management Council established by section 302(a)(1) of 
        the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)).
            (16) Secretariat.--The term ``Secretariat'' means the 
        Secretariat established by the Parties to the Agreement 
        pursuant to paragraph 11 of Article VIII.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (18) Take.--The term ``take'' means to harmfully interfere 
        with, harass, pursue, hunt, shoot, wound, kill, trap, capture, 
        destroy, possess, or collect.
            (19) United states.--The term ``United States'' means--
                    (A) each of the several States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) the United States Virgin Islands;
                    (E) American Samoa;
                    (F) Guam;
                    (G) the Commonwealth of the Northern Mariana 
                Islands; and
                    (H) any other commonwealth, territory, or 
                possession of the United States.
            (20) Waters subject to the jurisdiction of the united 
        states.--The term ``waters subject to the jurisdiction of the 
        United States'' means--
                    (A) the waters of the United States territorial sea 
                under Presidential Proclamation 5928, dated December 
                27, 1988 (43 U.S.C. 1331 note);
                    (B) the exclusive economic zone (as defined in 
                section 107 of title 46, United States Code); and
                    (C) the areas referred to as ``eastern special 
                areas'' in Article 3(1) of the Agreement between the 
                United States of America and the Union of Soviet 
                Socialist Republics on the Maritime Boundary, signed at 
                Washington, June 1, 1990 (T. Doc. 101-22), including 
                those areas east of the maritime boundary, as defined 
                in that Agreement, that lie within 200 nautical miles 
                of the baselines from which the breadth of the 
                territorial sea of Russia is measured but beyond 200 
                nautical miles of the baselines from which the breadth 
                of the territorial sea of the United States is 
                measured.

                     TITLE I--CONSERVATION MEASURES

SEC. 101. REESTABLISHMENT OF SPECIES.

    The Secretary, in consultation with the Secretary of Commerce, as 
appropriate, may carry out activities, based on the best available 
scientific information, to reestablish covered albatrosses and petrels 
within the range.

SEC. 102. MANAGEMENT OF NONNATIVE SPECIES.

    (a) In General.--The Secretary or the Secretary of Commerce, as 
appropriate, in consultation with each other and with the heads of 
other relevant Federal agencies, and consistent with this Act and any 
other applicable law, may carry out activities to prevent the 
introduction of, eradicate, or control invasive and nonnative species 
that have or may have an adverse effect on covered albatrosses and 
petrels.
    (b) Included Activities.--The activities under subsection (a) may 
include--
            (1) implementation of management plans for such invasive or 
        nonnative species;
            (2) research on and development of practical and effective 
        techniques to eradicate or control invasive or nonnative 
        species;
            (3) development of regional assessments on established and 
        newly discovered populations of invasive or nonnative species;
            (4) development of decision-support tools to prevent the 
        introduction or establishment of invasive or nonnative species;
            (5) development of rapid response approaches and 
        techniques;
            (6) documentation of--
                    (A) any invasive or nonnative species that coexist 
                with humans; and
                    (B) delineation of areas in which eradication or 
                control of those species would be most effective and 
                cost efficient;
            (7) eradication or control of established populations or 
        individuals of invasive or nonnative species; and
            (8) outreach and education related to--
                    (A) the impacts of invasive or nonnative species on 
                covered albatrosses and petrels; and
                    (B) the techniques to eradicate or control those 
                species.

SEC. 103. HABITAT CONSERVATION AND RESTORATION.

    (a) Authority of Secretary.--
            (1) Use of other authorities.--The Secretary may use 
        authority available under any other laws for the protection of 
        wildlife to conserve, protect, and restore breeding sites of 
        covered albatrosses and petrels, including authority under--
                    (A) the Migratory Bird Conservation Act (16 U.S.C. 
                715 et seq.);
                    (B) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (C) the Fish and Wildlife Act of 1956 (16 U.S.C. 
                742a, et seq.); and
                    (D) any other cooperative or land-acquisition 
                authority vested in the Secretary.
            (2) Management plans and conservation measures.--The 
        Secretary, in consultation with the Secretary of Commerce, may 
        develop and implement management plans and undertake measures 
        for the conservation and protection of covered albatross and 
        petrel habitat.
    (b) Authority of Secretary of Commerce.--The Secretary of Commerce, 
in consultation with the Secretary, may--
            (1) develop and implement management plans and undertake 
        conservation measures in marine habitats to ensure the 
        sustainability of living marine resources that provide food for 
        such covered albatrosses and petrels; and
            (2) use authority under law to conserve and protect marine 
        habitat important to the conservation of covered albatrosses 
        and petrels, including such authority under--
                    (A) the National Marine Sanctuaries Act (16 U.S.C. 
                1431 et seq.); and
                    (B) the Magnuson-Stevens Act.

SEC. 104. MANAGEMENT OF HUMAN ACTIVITIES.

    (a) Pollutants and Marine Debris.--
            (1) Research.--The Secretary and the Secretary of Commerce 
        may undertake scientific research to assess the effects of 
        pollutants and marine debris on covered albatrosses and 
        petrels.
            (2) Marine debris.--The Secretary and the Secretary of 
        Commerce may each develop and implement conservation measures 
        to minimize the effects of, or threats posed by, marine debris 
        on covered albatrosses and petrels.
    (b) Prevention, Minimization, or Mitigation of Take and 
Disturbance.--The Secretary and the Secretary of Commerce--
            (1) in consultation with each other and consistent with the 
        Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) and any other 
        authority, may develop and implement measures, including by 
        issuing regulations, to prevent, minimize, or mitigate--
                    (A) the take of covered albatrosses and petrels--
                            (i) on lands or in waters subject to the 
                        jurisdiction of the United States; and
                            (ii) by vessels and nationals of the United 
                        States located outside the jurisdiction of the 
                        United States; and
                    (B) the disturbance of covered albatrosses and 
                petrels--
                            (i) on lands or in waters subject to the 
                        jurisdiction of the United States; and
                            (ii) by vessels and nationals of the United 
                        States located outside the jurisdiction of the 
                        United States; and
            (2) shall--
                    (A) notify the Secretary of the department in which 
                the Coast Guard is operating of any actions taken under 
                this subsection, to ensure a coordinated effort to 
                prevent, minimize, or mitigate the taking of covered 
                albatrosses and petrels; and
                    (B) if determined necessary, request that the 
                applicable Secretary take additional action to prevent 
                or minimize take of covered albatrosses and petrels.
    (c) Measures To Address Bycatch in Fisheries.--
            (1) In general.--The Secretary of Commerce, in consultation 
        with the Regional Fishery Management Council with jurisdiction 
        over the relevant fishery under the Magnuson-Stevens Act, may 
        develop and undertake measures to minimize the bycatch of 
        covered albatrosses and petrels in the fishery.
            (2) Monitoring.--The Secretary of Commerce, in consultation 
        with such Regional Fishery Management Council, may engage in--
                    (A) regional assessments of covered albatrosses and 
                petrels interactions with fishing gear to determine the 
                extent and nature of such interactions;
                    (B) collection of covered albatrosses and petrels 
                bycatch data, including through onboard-observer 
                programs--
                            (i) to determine the nature and extent of 
                        covered albatrosses and petrels interactions 
                        with United States fisheries; and
                            (ii) to evaluate the effectiveness of any 
                        prescribed mitigation measures; and
                    (C) research on bycatch-mitigation measures to 
                develop the most practical and effective deterrent 
                measures that reduce such bycatch.
            (3) Disclosure of information.--
                    (A) In general.--In carrying out this subsection, 
                the Secretary of Commerce may disclose, as necessary 
                and appropriate, information collected under this Act 
                to the Food and Agriculture Organization of the United 
                Nations, regional fishery-management organizations, or 
                arrangements made pursuant to an international fishery-
                management agreement, if such organizations or 
                arrangements have policies and procedures to safeguard 
                such information from unintended or unauthorized 
                disclosure.
                    (B) International fishery agreement defined.--In 
                this paragraph the term ``international fishery 
                agreement'' has the meaning given the term in section 3 
                of the Magnuson-Stevens Act (16 U.S.C. 1802).

SEC. 105. EDUCATION AND PUBLIC AWARENESS.

    The Secretary, and the Secretary of Commerce, in consultation with 
relevant Regional Fishery Management Councils and others, may--
            (1) make information on the conservation status of covered 
        albatrosses and petrels, the threats facing covered albatrosses 
        and petrels, and any actions taken under the Agreement 
        available to--
                    (A) the scientific, fishing, and seabird 
                conservation communities;
                    (B) the public;
                    (C) relevant local authorities;
                    (D) other decisionmakers;
                    (E) other Parties; and
                    (F) other countries;
            (2) cooperate with other Parties, the Secretariat, and 
        other persons to develop training programs and general 
        information products and exchange resource materials regarding 
        such conservation; and
            (3) provide training programs to ensure that personnel 
        responsible for the implementation of this Act have adequate 
        knowledge to implement it effectively.

           TITLE II--PROHIBITED ACTS, PERMITS, AND EXEMPTIONS

SEC. 201. PROHIBITED ACTS.

    (a) In General.--Except as authorized by a permit, authorization, 
or exemption under section 202 or 203, it is unlawful--
            (1) to take any covered albatross or petrel;
            (2) to commit any act with respect to covered albatrosses 
        or petrels that would be prohibited by section 2 of the 
        Migratory Bird Treaty Act (16 U.S.C. 703(a)) if covered 
        albatrosses or petrels were treated as migratory birds for 
        purposes of that section; or
            (3) to attempt to engage in any act described in paragraph 
        (1) or (2) of this subsection.
    (b) Applicability.--
            (1) In general.--Except as provided in paragraph (2), the 
        prohibitions under this Act apply--
                    (A) on lands and in waters subject to the 
                jurisdiction of the United States; and
                    (B) to vessels and nationals of the United States 
                on lands or in waters beyond the jurisdiction of the 
                United States.
            (2) Limitation.--This section shall not apply with respect 
        to any covered albatross or petrel lawfully taken before the 
        effective date of this Act.
    (c) Other Prohibited Conduct.--It is unlawful--
            (1) to violate this Act or any regulation or permit issued 
        under this Act;
            (2) to refuse permission to board, search, or inspect any 
        vessel that is subject to the control of that person to an 
        officer authorized under section 301(b) to conduct any search, 
        investigation, or inspection to enforce this Act or any 
        regulation or permit issued under this Act;
            (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any officer authorized under 
        section 301(b) in the conduct of any search, investigation, or 
        inspection under this Act;
            (4) to resist a lawful arrest or detention for any act 
        prohibited by this Act or any regulation or permit issued under 
        this Act; or
            (5) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detention of another person, knowing 
        that the other person has committed an act prohibited by this 
        Act or any regulation or permit issued under this Act.

SEC. 202. AUTHORIZATION OF TAKE.

    (a) Permits and Regulatory Authorization.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Commerce, as appropriate, may, subject to the 
        limitations of the terms of the Agreement and other applicable 
        law, authorize by permit or regulation the deliberate taking of 
        any covered albatrosses and petrels--
                    (A) to enhance the propagation, reestablishment, or 
                survival of those covered albatrosses and petrels;
                    (B) on a selective basis and to a limited extent, 
                for scientific, educational, or similar purposes;
                    (C) to accommodate the traditional needs and 
                practices of indigenous people;
                    (D) for the purposes of assistance or salvage 
                pursuant to the Migratory Bird Treaty Act (16 U.S.C. 
                703 et seq.); or
                    (E) in other exceptional circumstances as 
                determined by the Secretary.
            (2) Other take.--The Secretary may authorize by permit or 
        regulation the take of covered albatrosses or petrels not 
        otherwise provided for in this Act that is incidental to 
        otherwise lawful activities.
            (3) Limitations.--A permit or regulatory authorization 
        under this subsection--
                    (A) shall be limited in area and duration of 
                application; and
                    (B) shall not--
                            (i) result in the elimination of the 
                        favorable conservation status for any covered 
                        albatrosses and petrels; or
                            (ii) authorize any activity otherwise 
                        prohibited by any other statute or regulation.
            (4) Access to breeding sites.--Any permit or other 
        regulatory authorization under this subsection that authorizes 
        access to breeding sites of covered albatrosses and petrels, 
        including for purposes of scientific research, shall contain 
        terms and conditions to minimize unnecessary disturbance to 
        covered albatrosses and petrels, and to minimize the impact on 
        their habitats.
    (b) Exceptions.--The taking of covered albatrosses and petrels is 
not prohibited by this Act if--
            (1) the taking is necessary to avoid imminent suffering, 
        serious injury, additional injury, or death to any covered 
        albatrosses and petrels hooked or entangled in fishing gear or 
        debris;
            (2) reasonable care is taken to ensure the safe and 
        expeditious release of the covered albatrosses and petrels; and
            (3) the taking is reported to the Secretary of Commerce in 
        a timely manner.

SEC. 203. EXEMPTION.

    (a) Military Activities.--
            (1) In general.--It shall not be a violation of this Act 
        for personnel of the Department of Defense to take covered 
        albatrosses and petrels incidental to military activities.
            (2) Vessels and aircraft.--This Act shall not apply to 
        vessels and aircraft entitled to sovereign immunity under 
        international law.
            (3) Guidance to avoid or minimize take.--The Secretary, in 
        consultation with the Secretary of Commerce and the Secretary 
        of Defense, may issue guidance to minimize, to the extent 
        practicable, the take of covered albatrosses and petrels that 
        is incidental to military activities.
    (b) Coast Guard Activities.--
            (1) Law enforcement.--Nothing in this section shall be 
        considered to limit the authority of the Coast Guard to enforce 
        this or any other Federal law under section 89 of title 14, 
        United States Code.
            (2) Emergency response.--It shall not be a violation of 
        this Act for the Coast Guard to take any covered albatrosses 
        and petrels incidental to any emergency response or search and 
        rescue activity.
    (c) Other Activities.--Take of any covered albatrosses and petrels 
is not unlawful if the take was caused by any officer who is authorized 
by the Secretary, the Secretary of Commerce, or the head of any Federal 
or State agency that has entered into an agreement with the Secretary 
or the Secretary of Commerce under section 403, to enforce this Act 
while performing official duties.
    (d) Bycatch of Covered Albatrosses and Petrels in Fisheries.--It 
shall not be a violation of this Act for any person to take covered 
albatrosses and petrels as bycatch incidental to otherwise lawful 
fishing activities, if carried out in accordance with applicable 
measures to minimize the bycatch of covered albatrosses and petrels 
undertaken pursuant to section 104(c).

                  TITLE III--PENALTIES AND ENFORCEMENT

SEC. 301. ENFORCEMENT.

    (a) Responsibility.--
            (1) In general.--This Act, and any regulations or permits 
        issued under this Act, shall be enforced by the Secretary, the 
        Secretary of Commerce, and the Secretary of the department in 
        which the Coast Guard is operating.
            (2) Administration.--Subject to the limitations of section 
        1385 of title 18, United States Code, the Secretary, the 
        Secretary of Commerce, and the Secretary of the department in 
        which the Coast Guard is operating may, by agreement, on a 
        reimbursable basis or otherwise, use the personnel, services, 
        equipment (including aircraft and vessels), and facilities of 
        the Coast Guard, and of any State agency in the performance of 
        duties under this Act.
    (b) Powers of Authorized Officers.--
            (1) Authorities under magnuson-stevens act.--The Secretary 
        of Commerce, the Secretary of the department in which the Coast 
        Guard is operating, and the head of any Federal or State agency 
        that has entered into an agreement with either such Secretary 
        under this section may, if the agreement so provides, authorize 
        officers who are under the administrative jurisdiction of such 
        Secretary or agency to enforce the provisions of this Act or 
        any regulation promulgated under this Act. Any officer so 
        authorized may enforce this Act in the same manner, by the same 
        means, and with the same jurisdiction, powers, and duties as 
        though section 311 of the Magnuson-Stevens Act (16 U.S.C. 1861) 
        were incorporated into and made a part of this Act.
            (2) Authorities under migratory bird treaty act.--The 
        Secretary of the Interior and the head of any Federal or State 
        agency that has entered into an agreement with the Secretary 
        under this section may, if the agreement so provides, authorize 
        officers who are under the administrative jurisdiction of such 
        Secretary or agency to enforce the provisions of this Act or 
        any regulation promulgated under this Act. Any officer so 
        authorized may enforce this Act in the same manner, by the same 
        means, and with the same jurisdiction, powers, and duties as 
        though section 5 of the Migratory Bird Treaty Act (16 U.S.C. 
        706) were incorporated into and made a part of this Act.
    (c) Penalties.--
            (1) Persons and vessels subject to the jurisdiction of the 
        secretary of commerce.--Any person or vessel that is subject to 
        the jurisdiction of the Secretary of Commerce and that violates 
        this Act or any permit or regulation issued under this Act 
        shall be subject to the penalties, and entitled to the 
        privileges and immunities, provided in the Magnuson-Stevens Act 
        in the same manner and by the same means as though sections 308 
        through 311 of that Act (16 U.S.C. 1858 through 1861) were 
        incorporated into and made a part of this Act.
            (2) Persons and vessels subject to the jurisdiction of the 
        secretary of the interior.--Any person or vessel that is 
        subject to the jurisdiction of the Secretary of the Interior 
        and that violates this Act or permit or regulation issued under 
        this Act shall be subject to the penalties, and entitled to the 
        privileges and immunities, provided in the Migratory Bird 
        Treaty Act (16 U.S.C. 703 et seq.) in the same manner and by 
        the same means as though section 6 of that Act (16 U.S.C. 707) 
        were incorporated into and made a part of this Act.

                     TITLE IV--AGREEMENT AUTHORITY

SEC. 401. AGREEMENT AUTHORITY.

    (a) In General.--The Secretary and the Secretary of Commerce shall 
each designate an office or program of the United States Fish and 
Wildlife Service and of the National Marine Fisheries Service, 
respectively, that shall jointly--
            (1) function as the United States Authority in accordance 
        with Article VII of the Agreement, to undertake, monitor, and 
        control all activities carried out in the implementation and 
        enforcement of the Agreement within the respective 
        jurisdictions of the United States Fish and Wildlife Service 
        and the National Marine Fisheries Service; and
            (2) designate a United States Representative in accordance 
        with Article IX of the Agreement and designate a contact point 
        for the United States in accordance with Article VII of the 
        Agreement.
    (b) Role of United States Authority.--The Authority designated 
under subsection (a) shall, for the purposes of the Agreement--
            (1) monitor all activities that may have an impact on the 
        conservation status of those covered albatrosses and petrels 
        for which the United States is a range state; and
            (2) designate a Contact Point as required by Article VII of 
        the Agreement for communication with the Secretariat.

SEC. 402. REPORTING.

    (a) Report to Congress.--The Secretary, in consultation with the 
Secretary of Commerce, the Secretary of State, and any other Federal 
agency, as appropriate, shall not later than 1 year after the effective 
date of this Act, and every 4 years thereafter, submit a report to the 
Congress that includes--
            (1) the list of all covered albatrosses and petrels that 
        are subject to this Act;
            (2) the status of all covered albatrosses and petrels that 
        occur in the United States and within the waters subject to the 
        jurisdiction of the United States; and
            (3) actions taken and those conservation measures believed 
        necessary to achieve and maintain a favorable conservation 
        status for covered albatrosses and petrels.
    (b) Report to the Advisory Committee.--The Secretary and the 
Secretary of Commerce may jointly provide to the Advisory Committee, 
through the Secretariat, a report on the implementation of the 
Agreement by the United States.

SEC. 403. GENERAL COORDINATION.

    In carrying out this Act, the Secretary and the Secretary of 
Commerce--
            (1) shall work together and may request that other Federal 
        agencies take actions, to achieve or maintain a favorable 
        conservation status for covered albatrosses and petrels; and
            (2) shall consult with the heads of other Federal agencies 
        when taking actions on lands or waters owned by the United 
        States and under the jurisdiction of those Federal agencies.

           TITLE V--INTERNATIONAL COOPERATION AND ASSISTANCE

SEC. 501. COOPERATION AMONG NATIONS.

    (a) In General.--The Secretary, the Secretary of Commerce, and the 
Secretary of State may cooperate with other countries to achieve and 
maintain a favorable conservation status of covered albatrosses and 
petrels, including by--
            (1) the development of systems for collecting and analyzing 
        data and exchanging information;
            (2) the exchange of information regarding adoption and 
        enforcement of legislative and other management approaches to 
        conservation of covered albatrosses and petrels;
            (3) the implementation of education and awareness programs 
        for users of areas in which covered albatrosses and petrels may 
        be encountered;
            (4) the design and implementation of comprehensive programs 
        for public information in relation to the conservation of 
        covered albatrosses and petrels;
            (5) the development and implementation of training programs 
        on conservation techniques and measures to mitigate threats 
        affecting covered albatrosses and petrels;
            (6) the exchange of expertise, techniques, and knowledge; 
        and
            (7) entering into cooperative arrangements, including, as 
        appropriate, international agreements.
    (b) Assistance.--The Secretary and the Secretary of Commerce, in 
cooperation with the Secretary of State, may provide training, 
technical, and financial support to the Secretariat, other 
international and intergovernmental organizations, and other countries, 
to assist in implementing the objectives of the Agreement.

             TITLE VI--BYCATCH AND EQUIVALENT CONSERVATION

SEC. 601. PROTECTED LIVING MARINE RESOURCES.

    Section 610(e) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826k(e)) is amended by striking paragraph 
(1) and inserting the following:
            ``(1) except as provided in paragraph (2), means nontarget 
        fish, sea turtles, seabirds, or marine mammals that are 
        protected under United States law or international agreement, 
        including--
                    ``(A) the Marine Mammal Protection Act of 1972 (16 
                U.S.C. 1361 et seq.);
                    ``(B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    ``(C) the Shark Finning Prohibition Act (16 U.S.C. 
                1822 note; Public Law 106-557), including amendments 
                made by that Act;
                    ``(D) the Convention on International Trade in 
                Endangered Species of Wild Fauna and Flora, done at 
                Washington March 3, 1973 (27 UST 1087, TIAS 8249); and
                    ``(E) the Albatross and Petrel Conservation Act; 
                but''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. REGULATORY AUTHORITY.

    (a) Regulations.--
            (1) In general.--Except as otherwise provided in this 
        section--
                    (A) the Secretary of Commerce may develop and issue 
                regulations as necessary to implement the Agreement and 
                this Act with respect to sections 103(b), 104(c), 
                203(d), and 601 of this Act;
                    (B) the Secretary and the Secretary of Commerce may 
                jointly develop and issue regulations as necessary to 
                implement the Agreement and this Act with respect to 
                sections 102, 105, 401, and 403; and
                    (C) the Secretary and the Secretary of Commerce may 
                each issue regulations as necessary to implement the 
                Agreement and this Act with respect to sections 
                104(a)(2), 104(b), and 201.
    (b) Consultation.--In issuing regulations under this Act, the 
Secretary and the Secretary of Commerce shall consult each other.
    (c) Antarctica.--In issuing regulations under this Act, the 
Secretary and the Secretary of Commerce shall consult with the Director 
of the National Science Foundation (or the designee of such Director) 
on implementation related to Antarctica.

SEC. 702. ADMINISTRATION.

    (a) In General.--Except as specified in section 601, nothing in 
this Act repeals, supersedes, overrides, or modifies any provision of 
Federal law.
    (b) Effect on Lands and Waters.--
            (1) Concurrence required.--Nothing in this Act authorizes 
        the Secretary or the Secretary of Commerce to carry out any 
        activities under this Act on land or in waters under the area-
        based management jurisdiction of the other, unless the 
        Secretary and the Secretary of Commerce agree.
            (2) Consultation.--In those areas in which neither the 
        Secretary nor the Secretary of Commerce has explicit area-based 
        management jurisdiction, the Secretary and the Secretary of 
        Commerce shall carry out this Act in consultation with each 
        other.

SEC. 703. EFFECTIVE DATE.

    This Act takes effect on the date that is 180 days after the date 
of the enactment of this Act.
                                                 Union Calendar No. 198

116th CONGRESS

  1st Session

                               H. R. 1305

                      [Report No. 116-249, Part I]

_______________________________________________________________________

                                 A BILL

   To implement the Agreement on the Conservation of Albatrosses and 
                    Petrels, and for other purposes.

_______________________________________________________________________

                            October 22, 2019

            Reported from the Committee on Natural Resources

                            October 22, 2019

Committee on Foreign Affairs discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed