[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Page S7149]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    EXEMPTING EXPORTATION OF CERTAIN ECHINODERMS AND MOLLUSKS FROM 
    LICENSING REQUIREMENTS UNDER THE ENDANGERED SPECIES ACT OF 1973

  Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 4245, which was received 
from the House.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 4245) to exempt exportation of certain 
     echinoderms and mollusks from licensing requirements under 
     the Endangered Species Act of 1973.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. PORTMAN. Mr. President, I further ask that the King amendment, 
which is at the desk, be agreed to; that the bill, as amended, be read 
a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5185) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. EXPEDITED EXPORTATION OF CERTAIN SPECIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the United States Fish 
     and Wildlife Service (referred to in this section as the 
     ``Director'') shall issue a proposed rule to amend section 
     14.92 of title 50, Code of Federal Regulations, to establish 
     expedited procedures relating to the export permission 
     requirements of section 9(d)(1) of the Endangered Species Act 
     of 1973 (16 U.S.C. 1538(d)(1)) for fish or wildlife described 
     in subsection (c).
       (b) Exemptions.--
       (1) In general.--As part of the rulemaking under subsection 
     (a), subject to paragraph (2), the Director may provide an 
     exemption from the requirement to procure--
       (A) permission under section 9(d)(1) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
       (B) an export license under subpart I of part 14 of title 
     50, Code of Federal Regulations.
       (2) Limitations.--The Director shall not provide an 
     exemption under paragraph (1)--
       (A) unless the Director determines that the exemption will 
     not have a significant negative impact on the conservation of 
     the species that is the subject of the exemption; or
       (B) to an entity that has been convicted of a violation of 
     a Federal law relating to the importation, transportation, or 
     exportation of wildlife during a period of not less than 5 
     years ending on the date on which the entity applies for 
     exemption under paragraph (1).
       (c) Covered Fish or Wildlife.--The fish or wildlife 
     described in this subsection are the species commonly known 
     as sea urchins and sea cucumbers (including any product of a 
     sea urchin or sea cucumber) that--
       (1) do not require a permit under part 16, 17, or 23 of 
     title 50, Code of Federal Regulations; and
       (2) are exported for purposes of human or animal 
     consumption.

  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 4245), as amended, was passed.

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