[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10473-H10475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WETLANDS AND WILDLIFE ENHANCEMENT ACT OF 1998
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the Senate bill (S. 1677) to reauthorize the North American
Wetlands Conservation Act and the Partnerships for Wildlife Act, as
amended.
The Clerk read as follows:
S. 1677
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 ``Wetlands and Wildlife
Enhancement Act of 1998''.
SEC. 2. REAUTHORIZATION OF NORTH AMERICAN WETLANDS
CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation
Act (16 U.S.C. 4406(c)) is amended by striking ``not to
exceed'' and all that follows and inserting ``not to exceed
$30,000,000 for each of fiscal years 1999 through 2003.''.
SEC. 3. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.
Section 7105(h) of the Partnerships for Wildlife Act (16
U.S.C. 3744(h)) is amended by striking ``for each of fiscal
years'' and all that follows and inserting ``not to exceed
$6,250,000 for each of fiscal years 1999 through 2003.''.
SEC. 4. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS
CONSERVATION COUNCIL.
(a) In General.--Notwithstanding section 4(a)(1)(D) of the
North American Wetlands Conservation Act (16 U.S.C.
4403(a)(1)(D)), during the period of 1999 through 2002, the
membership of the North American Wetlands Conservation
Council under section 4(a)(1)(D) of that Act shall consist
of--
(1) 1 individual who shall be the Group Manager for
Conservation Programs of Ducks Unlimited, Inc., and who shall
serve for 1 term of 3 years beginning in 1999; and
(2) 2 individuals who shall be appointed by the Secretary
of the Interior in accordance with section 4 of that Act and
who shall represent an organization described in section
4(a)(1)(D) of that Act.
(b) Publication of Policy.--Not later than June 30, 1999,
the Secretary of the Interior shall publish in the Federal
Register, after notice and opportunity for public comment, a
policy for making appointments under section 4(a)(1)(D) of
the North American Wetlands Conservation Act (16 U.S.C.
4403(a)(1)(D)).
SEC. 5. MIGRATORY BIRD TREATY ACT AMENDMENTS.
(a) Eliminating Strict Liability for Baiting.--Section 3 of
the Migratory Bird Treaty Act (16 U.S.C. 704) is amended--
(1) by inserting ``(a)'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b) It shall be unlawful for any person to--
``(1) take any migratory game bird by the aid of baiting,
or on or over any baited area, if the person knows or
reasonably should know that the area is a baited area; or
``(2) place or direct the placement of bait on or adjacent
to an area for the purpose of causing, inducing, or allowing
any person to take or attempt to take any migratory game bird
by the aid of baiting on or over the baited area.''.
(b) Criminal Penalties.--Section 6 of the Migratory Bird
Treaty Act (16 U.S.C. 707) is amended--
(1) in subsection (a), by striking ``$500'' and inserting
``$15,000''; and
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Whoever violates section 3(b)(2) shall be fined under
title 18, United States Code, imprisoned not more than 1
year, or both.''.
(c) Study on Effect on Migratory Bird Conservation and Law
Enforcement Efforts.--
(1) Study.--The Secretary of the Interior shall conduct a
study of the effect of the amendments made by this section on
migratory bird conservation and law enforcement efforts under
the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).
(2) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary of the Interior shall
submit to the Congress a report on the results of the study
under paragraph (1).
SEC. 6. REAUTHORIZATION AND AMENDMENT OF RHINOCEROS AND TIGER
CONSERVATION ACT OF 1994.
(a) Purposes of the Act.--Section 3 of the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5302) is amended by
adding at the end the following:
``(3) To prohibit the sale, importation, and exportation of
products intended for human consumption or application
containing, or labeled or advertised as containing, any
substance derived from any species of rhinoceros or tiger.''.
(b) Definition of Person.--Section 4 of the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5303) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) `person' means--
``(A) an individual, corporation, partnership, trust,
association, or other private entity;
``(B) an officer, employee, agent, department, or
instrumentality of--
``(i) the Federal Government;
``(ii) any State, municipality, or political subdivision of
a State; or
``(iii) any foreign government;
``(C) a State, municipality, or political subdivision of a
State; or
``(D) any other entity subject to the jurisdiction of the
United States.''.
(c) Prohibition on Sale, Importation, or Exportation of
Products Labeled as Rhinoceros or Tiger Products.--The
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) is amended--
(1) by redesignating section 7 as section 9; and
(2) by inserting after section 6 the following:
``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF
PRODUCTS LABELED AS RHINOCEROS OR TIGER
PRODUCTS.
``(a) Prohibition.--A person shall not sell, import, or
export, or attempt to sell, import, or export, any product,
item, or substance intended for human consumption or
application containing, or labeled or advertised as
containing, any substance derived from any species of
rhinoceros or tiger.
``(b) Penalties.--
[[Page H10474]]
``(1) Criminal penalty.--A person engaged in business as an
importer, exporter, or distributor that knowingly violates
subsection (a) shall be fined under title 18, United States
Code, imprisoned not more than 6 months, or both.
``(2) Civil penalties.--
``(A) In general.--A person that knowingly violates
subsection (a), and a person engaged in business as an
importer, exporter, or distributor that violates subsection
(a), may be assessed a civil penalty by the Secretary of not
more than $12,000 for each violation.
``(B) Manner of assessment and collection.--A civil penalty
under this paragraph shall be assessed, and may be collected,
in the manner in which a civil penalty under the Endangered
Species Act of 1973 may be assessed and collected under
section 11(a) of that Act (16 U.S.C. 1540(a)).
``(c) Products, Items, and Substances.--Any product, item,
or substance sold, imported, or exported, or attempted to be
sold, imported, or exported, in violation of this section or
any regulation issued under this section shall be subject to
seizure and forfeiture to the United States.
``(d) Regulations.--After consultation with the Secretary
of the Treasury, the Secretary of Health and Human Services,
and the United States Trade Representative, the Secretary
shall issue such regulations as are appropriate to carry out
this section.
``(e) Enforcement.--The Secretary, the Secretary of the
Treasury, and the Secretary of the department in which the
Coast Guard is operating shall enforce this section in the
manner in which the Secretaries carry out enforcement
activities under section 11(e) of the Endangered Species Act
of 1973 (16 U.S.C. 1540(e)).
``(f) Use of Penalty Amounts.--Amounts received as
penalties, fines, or forfeiture of property under this
section shall be used in accordance with section 6(d) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).''.
(d) Educational Outreach Program.--The Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5301 et seq.), as amended
by subsection (c), is further amended by inserting after
section 7 the following:
``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.
``(a) In General.--Not later than 180 days after the date
of enactment of this section, the Secretary shall develop and
implement an educational outreach program in the United
States for the conservation of rhinoceros and tiger species.
``(b) Guidelines.--The Secretary shall publish in the
Federal Register guidelines for the program.
``(c) Contents.--Under the program, the Secretary shall
publish and disseminate information regarding--
``(1) laws protecting rhinoceros and tiger species, in
particular laws prohibiting trade in products containing, or
labeled as containing, their parts;
``(2) use of traditional medicines that contain parts or
products of rhinoceros and tiger species, health risks
associated with their use, and available alternatives to the
medicines; and
``(3) the status of rhinoceros and tiger species and the
reasons for protecting the species.''.
(e) Authorization of Appropriations.--Section 9 of the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5306), as redesignated by subsection (c) of this section, is
amended by striking ``1996, 1997, 1998, 1999, and 2000'' and
inserting ``1996 through 2002''.
SEC. 7. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH
REFUGE.
(a) In General.--In accordance with section 4(a)(5) of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(a)(5)), there are transferred to the Corps
of Engineers, without reimbursement, approximately 37.36
acres of land of the Upper Mississippi River Wildlife and
Fish Refuge in the State of Minnesota, as designated on the
map entitled ``Upper Mississippi National Wildlife and Fish
Refuge lands transferred to Corps of Engineers'', dated
January 1998, and available, with accompanying legal
descriptions of the land, for inspection in appropriate
offices of the United States Fish and Wildlife Service.
(b) Conforming Amendments.--The first section and section 2
of the Upper Mississippi River Wild Life and Fish Refuge Act
(16 U.S.C. 721, 722) are amended by striking ``Upper
Mississippi River Wild Life and Fish Refuge'' each place it
appears and inserting ``Upper Mississippi River National
Wildlife and Fish Refuge''.
SEC. 8. KILLCOHOOK COORDINATION AREA.
(a) In General.--In accordance with section 4(a)(5) of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(a)(5)), the jurisdiction of the United
States Fish and Wildlife Service over approximately 1,439.26
acres of land in the States of New Jersey and Delaware, known
as the ``Killcohook Coordination Area'', as established by
Executive Order No. 6582, issued February 3, 1934, and
Executive Order No. 8648, issued January 23, 1941, is
terminated.
(b) Executive Orders.--Executive Order No. 6582, issued
February 3, 1934, and Executive Order No. 8648, issued
January 23, 1941, are revoked.
SEC. 9. LAKE ELSIE NATIONAL WILDLIFE REFUGE.
(a) In General.--In accordance with section 4(a)(5) of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(a)(5)), the jurisdiction of the United
States Fish and Wildlife Service over approximately 634.7
acres of land and water in Richland County, North Dakota,
known as the ``Lake Elsie National Wildlife Refuge'', as
established by Executive Order No. 8152, issued June 12,
1939, is terminated.
(b) Executive Order.--Executive Order No. 8152, issued June
12, 1939, is revoked.
SEC. 10. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.
Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-
1), is amended in subsections (f) and (g) by striking
``Klamath Forest National Wildlife Refuge'' each place it
appears and inserting ``Klamath Marsh National Wildlife
Refuge''.
SEC. 11. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM
ADMINISTRATION ACT.
Section 4 of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd) is amended--
(1) in the first sentence of subsection (c), by striking
``knowingly''; and
(2) in subsection (f)--
(A) by striking ``(f) Any'' and inserting the following:
``(f) Penalties.--
``(1) Knowing violations.--Any'';
(B) by inserting ``knowingly'' after ``who''; and
(C) by adding at the end the following:
``(2) Other violations.--Any person who otherwise violates
or fails to comply with any of the provisions of this Act
(including a regulation issued under this Act) shall be fined
under title 18, United States Code, or imprisoned not more
than 180 days, or both.''.
SEC. 12. USE OF PROCEEDS OF CERTAIN SALES.
(a) Purposes.--The purposes of this section are to make
proceeds from sales of abandoned items derived from fish,
wildlife, and plants available to the Service and to
authorize the use of those proceeds to cover costs incurred
in shipping, storing, and disposing of those items.
(b) Use of Proceeds.--Section 3(c) of the Fish and Wildlife
Improvement Act of 1978 (16 U.S.C. 742l(c)) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Subject to paragraph (2),
notwithstanding''; and
(2) by adding at the end the following:
``(2) Prohibition on sale of certain items.--In carrying
out paragraph (1), the Secretary of the Interior and the
Secretary of Commerce may not sell any species of fish,
wildlife, or plants, or derivative thereof, for which the
sale is prohibited by another Federal law.
``(3) Use of revenues.--The Secretary of the Interior and
the Secretary of Commerce may each expend any revenues
received from the disposal of items under paragraph (1), and
all sums referred to in the first sentence of section 11(d)
of the Endangered Species Act of 1973 (16 U.S.C. 1540(d)) and
the first sentence of section 6(d) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(d))--
``(A) to make payments in accordance with those sections;
and
``(B) to pay costs associated with--
``(i) shipping items referred to in paragraph (1) to and
from the place of storage, sale, or temporary or final
disposal, including temporary or permanent loan;
``(ii) storage of the items, including inventory of, and
security for, the items;
``(iii) appraisal of the items;
``(iv) sale or other disposal of the items in accordance
with applicable law, including auctioneer commissions and
related expenses;
``(v) payment of any valid liens or other encumbrances on
the items and payment for other measures required to clear
title to the items; and
``(vi) in the case of the Secretary of the Interior only,
processing and shipping of eagles and other migratory birds,
and parts of migratory birds, for Native American religious
purposes.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from California (Mr. Miller) each
will control 20 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I am presenting to the House a
modified version of S. 1677, the Wetlands and Wildlife Enhancement Act.
This measure was approved by the other body on September 30th.
The first two sections of the bill extend the North America Wetlands
Conservation Act and the Partnerships for Wildlife Act for an
additional 5 years. These two important conservation programs are
dedicated to improving and acquiring wetlands for both migratory birds
and nongame species. In fact, as a result of the North American
Wetlands Conservation Act, more than 3 million acres of wetlands have
been purchased in the United States and Canada over the past 7 years.
Section 3 of this bill is designed to clarify the membership of the
North American Wetlands Conservation Council. I am pleased that Ducks
Unlimited, which has contributed some
[[Page H10475]]
$80 million for essential migratory bird wetland projects will continue
to serve on the Council in the future.
Mr. Speaker, the House version of this legislation was overwhelmingly
adopted on May 19th of this year.
Section 5 of this proposal is the text of my bill, H.R. 2863, the
Migratory Bird Treaty Reform Act. This measure was extensively debated
on the House on September 10 and adopted by a vote of 322 to 90. Since
that time, the Senate Environment and Public Works Committee has
conducted a hearing on this bill and reported it favorably.
During these deliberations, the Senate suggested that this bill be
changed in several ways. I have incorporated those modifications, which
increase the maximum criminal penalties for baiting and direct the
Secretary of the Interior to study the effects of changing strict
liability to the ``knows or reasonably should have known'' legal
standard. In terms of penalties, these are maximum levels and will only
be imposed in the most severe and egregious cases.
H.R. 2863 will not allow baiting and will not imperil any migratory
bird population. What it will do is allow hunters to simply present
evidence in their own defense.
The current strict liability interpretation, if you were there and
even a small part or amount of bait is present, you are guilty, it is
fundamentally wrong. This violates one of our most basic constitutional
protections, that a person is innocent until proven guilty.
Furthermore, the ``knows or reasonably should know'' standard has
been effectively used in the States of Louisiana, Mississippi, and
Texas for over 20 years. During that time, no migratory bird
populations have been put at risk, there has been an 88 percent
conviction rate in baiting cases and, not surprisingly, the U.S. Fish
and Wildlife Service has never attempted to overturn or challenge this
legal standard. It is time we provide fairness and equity to migratory
bird hunters throughout this country.
Section 6 of the bill incorporates the text of H.R. 2807 and H.R.
3113. These measures were overwhelmingly adopted by the House of
Representatives. The fundamental goal is to eliminate the U.S. market
for illegally obtained rhino and tiger products and to extend the
Rhinoceros and Tiger Conservation Fund. This Fund has supported some 40
conservation projects in 10 range states in Africa and Asia. Without
this legislation, these two magnificent species will continue to slide
towards extinction.
Finally, the last sections of the bill implement the text of S. 2317.
This measure was approved by the other body on September 21. This
legislation is designed to make several minor changes in four units of
our National Wildlife Refuge System and to reduce the penalties for
those individuals who unintentionally violate certain provisions of the
National Wildlife Refuge System Administration Act.
Briefly, this section would remove 37 acres from the Upper
Mississippi National Wildlife and Fish Refuge, 1,430 acres from the
Kilcohook Coordination Area, and a 634-acre easement from the Lake
Elsie National Wildlife Refuge. These lands have lost the wildlife
values that led to their inclusion in the system and, therefore, they
should be removed.
Finally, this section renames a refuge in the State of Oregon to
better reflect the true nature of the unit. In the future it will be
called the Klamath Marsh Wildlife Refuge.
This is a good bill, Mr. Speaker. These changes are minor
housekeeping matters that are noncontroversial. They have been
suggested by the U.S. Fish and Wildlife Service, and I find no
objection to their enactment.
Mr. Speaker, this is a comprehensive conservation measure that is
good for migratory bird hunters, our Refuge System, essential wetland
habitat acquisition, and for two of the most endangered species, rhinos
and tigers, on earth. Each of these provisions, except for the minor
refuge changes, has been fully debated and resoundingly approved by
this body, and I urge an ``aye'' on S. 1677.
Mr. Speaker, I reserve the balance of my time.
Mr. MILLER of California. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. Speaker, I rise in support of S. 1677, a package of bills which
have already passed the House with broad bipartisan support. In
particular, it reauthorizes the highly successful North American
Wetlands Conservation Act. This program has protected more than 10
million acres of wetlands in the United States, Canada and Mexico.
The bill before the House also reauthorizes the program of grants for
the conservation of rhinoceros and tigers, and prohibits trade in
products labeled as containing rhino or tiger products.
Although trade in rhino and tiger products is banned under United
States and international law, many products claiming to contain rhino
and tiger continue to be available in the United States. Because of the
increasing rarity of these magnificent animals, many products labeled
as containing rhino and tiger do not actually contain them, but
nevertheless they help perpetuate the illegal market in rhino and tiger
parts.
I do not support the provisions of this bill that relax the standard
under which hunters may be cited for shooting birds over bait. However,
this bill contains changes to the House-passed bill which substantially
increase the penalty for baiting violations and require a study of the
impacts of this policy change on game bird populations and law
enforcement. These changes substantially mitigate any harm done by the
underlying policy change.
Overall, Mr. Speaker, this is a good package and I urge my colleagues
to support it.
Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the Senate bill, S. 1677, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
The title of the Senate bill was amended so as to read: ``A bill to
reauthorize the North American Wetlands Conservation Act and the
Partnerships for Wildlife Act, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________