[Senate Report 107-303]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 691
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-303

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                 MARINE TURTLE CONSERVATION ACT OF 2002

                                _______
                                

                October 8, 2002.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 2897]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2897) to assist in the conservation of 
marine turtles and the nesting habitats of marine turtles in 
foreign countries, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                    General Statement and Background

    Marine turtles, once abundant throughout the world, are now 
in very serious trouble. Some populations are expected to 
become extinct within the next few years. Because marine 
turtles are long-lived, late-maturing, and highly migratory, 
they are particularly vulnerable to human exploitation and 
habitat loss. Of the species found in U.S. waters the 
Leatherback, Green, Hawksbill, Olive Ridley, Loggerhead, and 
Kemp's Ridley turtles--all are listed as endangered or 
threatened under the Endangered Species Act. All seven of the 
world's species are included in Appendix I of the Convention on 
International Trade in Endangered Species of Wild Fauna and 
Flora.
    The life-cycles of marine turtles are very complex. They 
depend on a diversity of environments, including terrestrial 
sites on sandy beaches where nests are made and eggs are 
deposited and left to incubate for about 2 months. The newly 
hatched turtles instinctively run to the sea . Some turtles may 
spend decades on the high seas before returning to coastal 
waters. Dispersing across ocean basins is routine for many 
turtles as part of the normal maturation process. Most species 
appear to pass through a series of developmental habitats 
living in the territorial waters of several sovereign States. 
On reaching maturity, which may take as much as half a century 
in some populations, the adults make migrations between feeding 
grounds and breeding grounds.
    Because marine turtles migrate far beyond U.S. borders, 
activities outside the United States compromise national 
recovery efforts. While international projects, largely focused 
on conservation of nesting beaches, have in some instances 
helped foster population recovery, lack of adequate funding 
remains a critical stumbling block.

                     Objectives of the Legislation

    This legislation will assist in the recovery and protection 
of marine turtles by supporting and providing financial 
resources for projects to conserve nesting habitats of marine 
turtles in foreign countries and marine turtles while they are 
found in such habitats and to address other threats to the 
survival of marine turtles.
    S. 2897 directs the Secretary of Interior to establish a 
program to review, approve, and fund qualified marine turtle 
conservation projects. It authorizes $5 million in annual 
appropriations through 2008 to be deposited in a Marine Turtle 
Conservation Fund, established for this purpose.

                      Section-by-Section Analysis

Section 1. Short Title
    This Section cites the Act as the ``Marine Turtle 
Conservation Act of 2002''.
Sec. 2. Findings and Purposes
    This Section elaborates on the congressional findings that: 
marine turtle populations have declined to the point that the 
long-term survival of the populations are in jeopardy; six of 
the seven recognized species of marine turtles are listed as 
threatened or endangered species under the Endangered Species 
Act of 1973 and all seven species have been included in 
Appendix I of CITES; marine turtles are particularly vulnerable 
to the impacts of human exploitation and habitat loss; illegal 
international trade seriously threatens some marine turtle 
populations; resources available have not been sufficient to 
cope with the continued loss of nesting habitats due to human 
activities; marine turtles are flagship species for the 
ecosystems in which they are found and are important components 
of the ecosystems they inhabit, changes in marine turtle 
populations are most reliably indicated by changes in the 
numbers of nests and nesting females; and 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 countries that have 
within their boundaries marine turtle nesting habitats and 
others with demonstrated expertise in the conservation of 
marine turtles.
    In addition, this Section states the purpose of this Act is 
to assist in the recovery and protection of marine turtles by 
supporting and providing financial resources for projects to 
conserve nesting habitats of marine turtles in foreign 
countries and marine turtles while they are found in such 
habitats and to address other threats to the survival of marine 
turtles.
Sec. 3. Definitions
    This Section defines CITES, conservation, Fund, marine 
turtle, Multinational Species Conservation Fund, and Secretary 
for purposes of this Act.
Sec. 4. Marine Turtle Conservation Assistance
    This Section directs the Secretary of the Interior to 
provide financial assistance for projects for the conservation 
of marine turtles. Projects may be submitted by wildlife 
management authorities of foreign countries or other persons or 
groups with expertise in the conservation of marine turtles. 
The Secretary shall review each project proposal in a timely 
manner to determine if the proposal meets the criteria 
specified. The Secretary, after consulting with other 
appropriate Federal officials, shall consult on the proposal 
with the government of each country in which the project is to 
be conducted and approve or disapprove the proposal.
    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. The Secretary shall give preference to conservation 
projects that are designed to ensure effective, long-term 
conservation of marine turtles and their nesting habitats and 
give preference to projects for which matching funds are 
available.
    Each person that receives assistance under this section for 
a project shall submit to the Secretary periodic reports to 
determine the progress and success of the project for the 
purposes of ensuring positive results, assessing problems, and 
fostering improvements. These reports shall be made available 
to the public.
Sec. 5. Marine Turtle Conservation Fund
    This Section establishes the Marine Turtle Conservation 
Fund in the Multinational Species Conservation Fund. The 
Secretary may expend not more than 3 percent or up to $80,000 
for administrative expenses. The Secretary may accept and use 
donations to provide assistance under the Act.
Sec. 6. Advisory Group
    This Section authorizes the Secretary to convene an 
advisory group of individuals representing public and private 
organizations actively involved in the conservation of marine 
turtles. The Secretary shall provide public notice of each 
meeting of the advisory group. The meetings shall be open to 
the public and the minutes of the meetings shall be made 
available to the public. The Federal Advisory Committee Act 
shall not apply to the advisory group authorized under this 
section.
    The creation of an advisory group will help increase public 
involvement and Federal and private partnerships. Also, it will 
provide consistency with the Great Ape Conservation Act and 
Neotropical Migratory Bird Conservation Act, both of which were 
enacted during the 106th Congress and are administered under 
the Multi-national Species Conservation Fund, along with the 
Rhinoceros and Tiger Conservation Act and the Asian Elephant 
Conservation Act.
Sec. 7. Authorization of Appropriations
    This Section authorizes $5,000,000 for each of fiscal years 
2004 through 2008.

                          Legislative History

    S. 2897, the ``Marine Turtle Conservation Act of 2002'' was 
introduced on September 3, 2002, by Senator Jeffords.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2897 on September 26, 2002. The committee agreed to 
an amendment by Senator Jeffords by voice vote. Later that day 
the committee met again to complete action on the bill and 
voted to report S. 2897, as amended, by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2897 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2897 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                        Changes to Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.
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