[Congressional Record Volume 150, Number 81 (Monday, June 14, 2004)]
[House]
[Pages H3878-H3880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MARINE TURTLE CONSERVATION ACT OF 2004
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3378) to assist in the conservation of marine turtles and the
nesting habitats of marine turtles in foreign countries, as amended.
The Clerk read as follows:
H.R. 3378
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 Turtle Conservation
Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) marine turtle populations have declined to the point
that the long-term survival of the loggerhead, green,
hawksbill, Kemp's ridley, olive ridley, and leatherback
turtle in the wild is in serious jeopardy;
(2) 6 of the 7 recognized species of marine turtles are
listed as threatened or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
all 7 species have been included in Appendix I of CITES;
(3) because marine turtles are long-lived, late-maturing,
and highly migratory, marine turtles are particularly
vulnerable to the impacts of human exploitation and habitat
loss;
(4) illegal international trade seriously threatens wild
populations of some marine turtle species, particularly the
hawksbill turtle;
(5) the challenges facing marine turtles are immense, and
the resources available have not been sufficient to cope with
the continued loss of nesting habitats caused by human
activities and the consequent diminution of marine turtle
populations;
(6) because marine turtles are flagship species for the
ecosystems in which marine turtles are found, sustaining
healthy populations of marine turtles provides benefits to
many other species of wildlife, including many other
threatened or endangered species;
(7) marine turtles are important components of the
ecosystems that they inhabit, and studies of wild populations
of marine turtles have provided important biological
insights;
(8) changes in marine turtle populations are most reliably
indicated by changes in the numbers of nests and nesting
females; and
(9) the reduction, removal, or other effective addressing
of the threats to the long-term viability of populations of
marine turtles will require the joint commitment and effort
of--
(A) countries that have within their boundaries marine
turtle nesting habitats; and
(B) persons with expertise in the conservation of marine
turtles.
(b) Purpose.--The purpose of this Act is to assist in the
conservation of marine turtles and the nesting habitats of
marine turtles in foreign countries by supporting and
providing financial resources for projects to conserve the
nesting habitats, conserve marine turtles in those habitats,
and address other threats to the survival of marine turtles.
SEC. 3. DEFINITIONS.
In this Act:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (27 UST 1087; TIAS 8249).
(2) Conservation.--The term ``conservation'' means the use
of all methods and procedures necessary to protect nesting
habitats of marine turtles in foreign countries and of marine
turtles in those habitats, including--
(A) protection, restoration, and management of nesting
habitats;
(B) onsite research and monitoring of nesting populations,
nesting habitats, annual reproduction, and species population
trends;
(C) assistance in the development, implementation, and
improvement of national and regional management plans for
nesting habitat ranges;
(D) enforcement and implementation of CITES and laws of
foreign countries to--
(i) protect and manage nesting populations and nesting
habitats; and
(ii) prevent illegal trade of marine turtles;
(E) training of local law enforcement officials in the
interdiction and prevention of--
(i) the illegal killing of marine turtles on nesting
habitat; and
(ii) illegal trade in marine turtles;
(F) initiatives to resolve conflicts between humans and
marine turtles over habitat used by marine turtles for
nesting;
(G) community outreach and education; and
(H) strengthening of the ability of local communities to
implement nesting population and nesting habitat conservation
programs.
(3) Fund.--The term ``Fund'' means the Marine Turtle
Conservation Fund established by section 5.
(4) Marine turtle.--
(A) In general.--The term ``marine turtle'' means any
member of the family Cheloniidae or Dermochelyidae.
(B) Inclusions.--The term ``marine turtle'' includes--
(i) any part, product, egg, or offspring of a turtle
described in subparagraph (A); and
(ii) a carcass of such a turtle.
(5) Multinational species conservation fund.--The term
``Multinational Species Conservation Fund'' means the fund
established under the heading ``multinational species
conservation fund'' in title I of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 4246).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. MARINE TURTLE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds and
in consultation with other Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance
for projects for the conservation of marine turtles for which
project proposals are approved by the Secretary in accordance
with this section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of marine turtles may be submitted to the
Secretary by--
(A) any wildlife management authority of a foreign country
that has within its boundaries marine turtle nesting habitat
if the activities of the authority directly or indirectly
affect marine turtle conservation; or
(B) any other person or group with the demonstrated
expertise required for the conservation of marine turtles.
(2) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the individual with overall responsibility
for the project;
(C) a description of the qualifications of the individuals
that will conduct the project;
(D) a description of--
(i) methods for project implementation and outcome
assessment;
(ii) staff and community management for the project; and
(iii) the logistics of the project;
(E) an estimate of the funds and time required to complete
the project;
(F) evidence of support for the project by appropriate
governmental entities of the countries in which the project
will be conducted, if the Secretary determines that such
support is required for the success of the project;
(G) information regarding the source and amount of matching
funding available for the project; and
(H) any other information that the Secretary considers to
be necessary for evaluating the eligibility of the project
for funding under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a project
proposal, provide a copy of the proposal to other Federal
officials, as appropriate; and
[[Page H3879]]
(B) review each project proposal in a timely manner to
determine whether the proposal meets the criteria specified
in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to
the availability of funds, the Secretary, after consulting
with other Federal officials, as appropriate, shall--
(A) consult on the proposal with the government of each
country in which the project is to be conducted;
(B) after taking into consideration any comments resulting
from the consultation, approve or disapprove the project
proposal; and
(C) provide written notification of the approval or
disapproval to the person that submitted the project
proposal, other Federal officials, and each country described
in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a
project proposal under this section if the project will help
recover and sustain viable populations of marine turtles in
the wild by assisting efforts in foreign countries to
implement marine turtle conservation programs.
(e) Project Sustainability.--To the maximum extent
practicable, in determining whether to approve project
proposals under this section, the Secretary shall give
preference to conservation projects that are designed to
ensure effective, long-term conservation of marine turtles
and their nesting habitats.
(f) Matching Funds.--In determining whether to approve
project proposals under this section, the Secretary shall
give preference to projects for which matching funds are
available.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary may
require) that include all information that the Secretary,
after consultation with other government officials,
determines is necessary to evaluate the progress and success
of the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be
made available to the public.
SEC. 5. MARINE TURTLE CONSERVATION FUND.
(a) Establishment.--There is established in the
Multinational Species Conservation Fund a separate account to
be known as the ``Marine Turtle Conservation Fund'',
consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 6; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further
appropriation, such amounts as the Secretary determines are
necessary to carry out section 4.
(2) Administrative expenses.--Of the amounts in the account
available for each fiscal year, the Secretary may expend not
more than 3 percent, or up to $80,000, whichever is greater,
to pay the administrative expenses necessary to carry out
this Act.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(e) Acceptance and Use of Donations.--The Secretary may
accept and use donations to provide assistance under section
4. Amounts received by the Secretary in the form of donations
shall be transferred to the Secretary of the Treasury for
deposit in the Fund.
SEC. 6. ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of
individuals representing public and private organizations
actively involved in the conservation of marine turtles.
(b) Public Participation.--
(1) Meetings.--The Advisory Group shall--
(A) ensure that each meeting of the advisory group is open
to the public; and
(B) provide, at each meeting, an opportunity for interested
persons to present oral or written statements concerning
items on the agenda.
(2) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
(c) Exemption From Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory group.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund
$5,000,000 for each of fiscal years 2005 through 2009.
SEC. 8. REPORT TO CONGRESS.
Not later than October 1, 2005, the Secretary shall submit
to the Congress a report on the results and effectiveness of
the program carried out under this Act, including
recommendations concerning how this Act might be improved and
whether the Fund should be continued in the future.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Renzi).
General Leave
Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, marine sea turtles have been a vital component of our
ocean ecosystems for more than 100 million years. As recently as the
19th century, marine turtles were abundant.
Sea turtles live long lives, mature relatively late, and migrate
thousands of miles. They are also particularly vulnerable to
exploitation and habitat loss.
Sadly, populations of marine turtles have been devastated by foreign
fishing practices, the destruction of essential nesting habitat,
massive poaching of turtle eggs, meat and shells, and ocean pollution.
As a result, all seven remaining species of sea turtles are listed on
Appendix I of the Convention on International Trade in Endangered
Species of Wild Fauna. Six of the species that spend at least part of
their lives in U.S. waters are protected under the Endangered Species
Act.
In an effort to prevent these species from becoming extinct, I am
urging the adoption of the Marine Turtle Conservation Act. This
legislation is modeled after highly successful laws to conserve African
elephants and highly endangered populations of Asian elephants,
rhinoceros, tigers, great apes, and neotopical migratory birds. It is a
proven formula, and small investment of U.S. dollars will make a
difference in the conservation and recovery of marine turtles
throughout our oceans.
With this money, the Secretary of the Interior can approve
conservation grants for a variety of projects. These projects include
the monitoring of trade in turtle products, satellite telemetry to
track the movement of sea turtles, the protection of nesting beaches,
and efforts to stop poaching by assisting law enforcement officials and
educational outreach to communities that have turtle habitat.
There is broad support for this legislation. Such diverse
organizations as the U.S. Fish and Wildlife Service, the National
Marine Fisheries Service, the National Fisheries Institute, the Shrimp
Council, the American Zoo and Aquarium Association, the Wildlife
Conservation Society, and the Ocean Conservancy all testified in
support of the legislation.
I ask my colleagues to support and urge passage of H.R. 3378.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I thank the gentleman from Arizona
[[Page H3880]]
(Mr. Renzi) for management of this proposed legislation. I commend the
gentleman for his tremendous knowledge of sea turtles. I know there are
a lot of turtles in Arizona, and I commend him for his assistance in
passage of this legislation.
Mr. Speaker, this bill has the bipartisan support not only of the
chairman of our Subcommittee on Fisheries Conservation, Wildlife and
Oceans, the gentleman from Maryland (Mr. Gilchrest), but also the
ranking member, the gentleman from New Jersey (Mr. Pallone), the
gentlewoman from Guam (Ms. Bordallo), and others who are cosponsors of
this legislation.
Marine turtles have been swimming in the world's oceans for an
estimated 100 million years. Unfortunately, marine scientists speculate
that certain species, such as the Pacific leatherback, may become
extinct in the next 5 to 30 years unless the world takes notice of many
threats confronting sea turtles.
I am proud to be a cosponsor of H.R. 3378, which would establish a
new international conservation matching grant program to protect marine
turtles, especially their nesting habitats, around the globe.
I applaud, again, the chairman of our fisheries subcommittee for his
leadership, and also the Committee on Resources chairman, the gentleman
from California (Mr. Pombo), and the ranking member, the gentleman from
West Virginia (Mr. Rahall), for their leadership and support of this
legislation.
{time} 1415
Again I urge my colleagues to support this bill.
Mr. FARR. Mr. Speaker, today I rise in full support of my friend and
colleague, Mr. Gilchrest, in his efforts to protect sea turtles. Mr.
Gilchrest has a long history of working diligently to protect marine
wildlife and this bill, H.R. 3378, the Marine Turtle Conservation Act,
demonstrates his ongoing interest in this area.
Mr. Speaker, both the Pew and U.S. Ocean Commission Reports have
documented the many crises facing our oceans. These are crises that
require real leadership by this body. Today, we have the opportunity to
demonstrate our leadership by passing Mr. Gilchrest's bill.
With 6 of 7 marine turtles listed as threatened or endangered under
the Endangered Species Act, H.R. 3378 is a wake-up call. Like the sea
otter--an animal especially important to my district--sea turtles play
vital roles in the ecosystems in which they occur. This means that our
efforts to restore sea turtle populations will likely have the indirect
effect of benefiting many other marine species. More bang for the buck.
I think we all like it when that happens.
Sea turtles straddle numerous political borders--they are highly
migratory species whose conservation depends on cooperative efforts by
humans across the globe. These cooperative efforts require political
and financial commitments by many groups, from individual countries to
non-governmental organizations to local communities. When all of these
levels of leadership come together in a cohesive manner, our protection
of sea turtles is dramatically increased. H.R. 3378 coordinates all of
these levels by authorizing funds for on-the-ground efforts to protect
sea turtles in countries where a lack of funds, not a lack of will, is
the problem.
Mr. Speaker, it is only through international efforts that sea turtle
populations will begin to rebound. I know that the National Oceanic and
Atmospheric Administration and the Fish and Wildlife Service work hard
to oversee our country's efforts to protect sea turtles and to
collaborate with other countries at every opportunity. With passage of
H.R. 3378, we can take our leadership to the next level by providing
grants to international groups with demonstrated experience in
conserving sea turtles. By doing this, the United States can
demonstrate its leadership in coastal and ocean conservation--something
near and dear to my heart.
Mr. Gilchrest has addressed one piece of the puzzle and I commend him
for his efforts. The next step--and I think that Mr. Gilchrest would
agree--is to provide a long-term vision about our relationship with the
sea by passing a national ocean policy act. I am working on BOB, the
Big Ocean Bill, with the cochairs of the bipartisan House Oceans
Caucus. I know we would all welcome Mr. Gilchrest's leadership and
expertise on marine wildlife and fisheries conservation as we move
forward with BOB.
In closing, Mr. Speaker, I strongly support H.R. 3378 and hope that
it represents the beginning of a new era in U.S. ocean policy.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
Mr. RENZI. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Petri). The question is on the motion
offered by the gentleman from Arizona (Mr. Renzi) that the House
suspend the rules and pass the bill, H.R. 3378, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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