U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 109TH CONGRESS

2nd Session 

REPORT

2006

109–217 

Calendar No. 365 

UNITED STATES-RUSSIA POLAR BEAR CONSERVATION AND MANAGEMENT ACT OF 

2005 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2013 

FEBRUARY 27, 2006.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

TED STEVENS, Alaska, Chairman 

DANIEL K. INOUYE, Hawaii, Co-Chairman 

JOHN MCCAIN, Arizona 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

E. BENJAMIN NELSON, Nebraska 

MARK PRYOR, Arkansas 

LISA SUTHERLAND, Staff Director 

CHRISTINE DRAGER KURTH, Deputy Staff Director 

KEN NAHIGIAN, Chief Counsel 

MARGARET CUMMISKY, Democratic Staff Director and Chief Counsel 

SAMUEL WHITEHORN, Democratic Deputy Staff Director and General Counsel 


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Calendar No. 365 

109TH CONGRESS REPORT " ! SENATE 2nd Session 109–217 

UNITED STATES-RUSSIA POLAR BEAR CONSERVATION 

AND MANAGEMENT ACT OF 2005 

FEBRUARY 27, 2006.—Ordered to be printed 

Mr. STEVENS, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2013] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2013) to amend the Marine Mammal 

Protection Act of 1972 to implement the Agreement on the Conservation and Management of the Alaska-Chukotka Polar Bear 

Population, having considered the same, reports favorably thereon 

without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2013 is to provide the necessary implementing 

legislation for the United States to enforce the Agreement on the 

Conservation and Management of the Alaska-Chukotka Polar Bear 

Population (Polar Bear Treaty), a bilateral agreement between the 

United States and Russia aimed at assuring the long-term, sciencebased conservation of the Alaska-Chukotka polar bear population, 

and the regulation of its use for subsistence purposes by native 

people. 

BACKGROUND AND NEEDS

On November 13, 1973, the Agreement on the Conservation of 

Polar Bears (1973 Agreement) was agreed to by countries with wild 

polar bear populations. This was the first step in the international 

conservation of polar bears. The 1973 Agreement is a multilateral 

treaty to which the United States and Russia are parties. The 

other parties are Norway, Canada, and Denmark. The 1973 AgreeVerDate Aug 31 2005 02:24 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR217.XXX SR217

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ment provides authority for a subsistence harvest of polar bears 

and provides for habitat conservation. 

The Polar Bear Treaty, signed by the United States and Russia 

in 2000, provides legal protections for the Alaska-Chukotka polar 

bear population beyond those found in the 1973 Agreement. Illegal 

harvest of polar bears in Russia is significant and at levels that in 

the past caused population depletion. The Polar Bear Treaty would 

prohibit any taking of polar bears from the population that is inconsistent with its terms or the terms of the 1973 Agreement, and 

includes binding harvest limits. The Polar Bear Treaty also establishes a U.S.-Russia Polar Bear Commission (Commission) to consider scientific information on polar bears and their habitat, set annual limits on harvests, and recommend related conservation measures to the parties. Annual harvest limits will be equally divided 

between the United States and Russia. In addition, the Polar Bear 

Treaty provides for greater data collection, analysis, and sharing of 

information on the status of this polar bear population. 

The Senate Foreign Relations Committee held a hearing on the 

Polar Bear Treaty on June 17, 2003, and favorably reported the 

Treaty at its Executive Session held on July 23, 2003. The full Senate agreed to the resolution of advice and consent on the treaty on 

July 31, 2003. On November 14, 2005 the Senate Commerce, 

Science, and Transportation Committee held a full Committee 

hearing to discuss implementing legislation for the Polar Bear 

Treaty, and the need for a regulatory framework in both Russia 

and Alaska to oversee the shared polar bear population. 

Implementing legislation is required for the United States to ratify and implement the Polar Bear Treaty. The bill, S. 2013, would 

provide the necessary authorities, including the authority to appoint representatives from the United States to the Commission, 

and the authority to enforce the agreement. 

The Native people of Alaska and Russia play an essential role in 

the conservation of polar bears and will continue to be at the forefront of decision making with implementation of the Polar Bear 

Treaty. The work of the Nanuuq Commission, which was formed in 

1994 to represent the Native hunters and villages in North and 

Northwest Alaska in the negotiations on the Polar Bear Treaty, 

provide for the collection of samples from polar bears and research 

on the migration and denning patterns of the shared population of 

polar bears. Reliable biological information, including scientific 

data and traditional knowledge of Native people, will assist in the 

development of an effective strategy for the conservation and management of the Alaska-Chukotka polar bear population as contemplated under the Treaty. 

Russia has already ratified the Polar Bear Treaty, and has put 

in place the appropriate regulatory framework for its implementation. Implementation will be through the Russian Ministry of Natural Resources. Russia is prepared to appoint Commissioners once 

the United States has ratified the agreement. 

SUMMARY OF PROVISIONS

The bill, S. 2013, would amend the Marine Mammal Protection 

Act of 1972 (MMPA) to implement the Agreement between the Government of the United States of America and the Government of 

the Russian Federation on the Conservation and Management of 


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the Alaska-Chukotka Polar Bear Population. The implementing 

provisions of the bill would become title V of the MMPA. 

The bill would prohibit the possession, import, export, transport, 

sale, receipt, acquisition, or purchase of any polar bear (or any part 

or product thereof) that is taken in violation of the Polar Bear 

Treaty, and provide enforcement authority for violations. 

The bill also would establish a process by which one representative of the United States government and one representative of the 

Native people of Alaska would be appointed to serve on the bi-national Commission established by the Polar Bear Treaty. The Commission would determine annual take limits and the adoption of 

other measures to restrict the taking of polar bears for subsistence 

purposes. The Commission would also provide a forum for considering scientific information on polar bears and polar bear habitat, 

and would provide recommendations for relevant conservation 

measures. 

LEGISLATIVE HISTORY

On November 14, 2005, the Committee held a hearing to examine the status of the Polar Bear Treaty and on necessary implementing legislation. S. 2013 was introduced on November 15, 2005, 

by Committee Chairman Ted Stevens (R-AK) (and cosponsored by 

Committee Co-Chairman Senator Daniel Inouye (D-HI) and Senator Lisa Murkowski (R-AK)), and referred to the Senate Committee on Commerce, Science, and Transportation. On November 

17, 2005, the Committee considered the bill in open Executive Session. Senator Stevens offered S. 2013 as introduced, and, without 

objection, ordered S. 2013 reported without amendment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, January 10, 2006. 

Hon. TED STEVENS, Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2013, the United StatesRussia Polar Bear Conservation and Management Act of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DONALD B. MARRON, 

Acting Director 

Enclosure. 


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S. 2013—United States-Russia Polar Bear Conservation and Management Act of 2005 

Summary: S. 2013 would direct the U.S. Fish and Wildlife Service (USFWS) to implement the Agreement Between the Government of the United States of America and the Government of the 

Russian Federation on the Conservation and Management of the 

Alaska-Chukotka Polar Bear Population, signed on October 16, 

2002. For this purpose, the bill would authorize the appropriation 

of $4 million for each of fiscal years 2006 through 2010. S. 2013 

also would establish criminal fines and civil penalties to be imposed on anyone who violates prohibitions under the bill against 

transactions involving polar bears or their organs. 

Assuming appropriation of the authorized amounts, CBO esti- mates that carrying out S. 2013 would cost $1 million in fiscal year 

2006 and $16 million over the 2006–2010 period. Enacting the bill 

would result in additional revenues (and associated direct spending) from civil and criminal fines as well as new direct spending, 

but we estimate that such amounts would be minimal. 

Section 4 of the Unfunded Mandates Reform Act (UMRA) excludes from the application of that act any legislative provisions 

that are necessary for the ratification or implementation of international treaty obligations. CBO has determined that, because S. 

2013 would implement the U.S.-Russia Polar Bear Treaty, it falls 

within that exclusion. CBO has thus not reviewed the bill for the 

presence of mandates. 

Estimated costs to the Federal Government: The estimated budgetary impact of S. 2013 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level .................................................................................................. 4 4 4 4 4 

Estimated Outlays ................................................................................................... 1 3 4 4 4 

Basis of estimate: For this estimate, CBO assumes that S. 2013 

will be enacted during fiscal year 2006 and that the amounts authorized will be appropriated for each year. Estimated outlays are 

based on historical spending patterns for similar programs of the 

USFWS. 

S. 2013 contains fines and product-forfeiture provisions that are 

similar to those imposed under the Lacey Act, which prohibits 

sales, imports, and other transactions involving endangered species. Enacting the bill could thus affect revenues from civil and 

criminal fines. CBO estimates, however, that any increase in revenues would be less than $500,000 annually. Moreover, such 

changes would be offset by increases in direct spending from the 

Crime Victims Fund (where criminal fines are deposited) or the resource management account of the USFWS (where civil fines are 

deposited and used for rewards to informers and other program 

costs). 

Intergovernmental and private-sector impact: Section 4 of UMRA 

excludes from the application of that act any legislative provisions 

that are necessary for the ratification or implementation of interVerDate Aug 31 2005 02:24 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR217.XXX SR217

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national treaty obligations. CBO has determined that because S. 

2013 would implement the U.S.-Russia Polar Bear Treaty, it falls 

within that exclusion. CBO has thus not reviewed the bill for the 

presence of mandates. 

Estimate prepared by: Federal Costs: Deborah Reis. Impact on 

State, Local, and Tribal Governments: Marjorie Mille. Impact on 

the Private Sector: Craig Cammarata. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 2013 as reported by the Committee would authorize appropriations to implement title V, the United States-Russia Polar Bear 

Conservation and Management Act of 2005, of the Marine Mammal 

Protection Act. The bill would have no regulatory impact on the 

Alaska Native subsistence harvest of polar bears. 

ECONOMIC IMPACT

The bill, as reported, would provide authorization levels of 

$3,000,000 for the Secretary of the Interior for each of fiscal years 

2006 through 2010, $500,000 is authorized for the Commission for 

each of fiscal years 2006 through 2010, $500,000 is authorized for 

the Alaskan Cooperative Management Program for each of fiscal 

years 2006 through 2010 to carry out this title and the agreement 

in Alaska. These funding levels are not expected to have an inflationary impact on the Nation’s economy. 

PRIVACY

The reported bill would have little, if any, impact on the personal 

privacy of U.S. citizens. 

PAPERWORK

The reported bill would not increase paperwork requirements for 

the private sector. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section sets forth the short title of the bill, ‘‘The United 

States-Russia Polar Bear Conservation and Management Act of 

2005.’’

Section 2. Amendment of Marine Mammal Protection Act of 1972 

This section would amend the Marine Mammal Protection Act of 

1972 (16 U.S.C. 1361 et seq.) by adding a title V at the end containing the following sections: 

Section 501. Definitions 

This section defines the following terms used in the new title: 


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• AGREEMENT.—The term ‘‘agreement’’ means the agreement between the governments of the United States and Russia on the 

shared population of polar bears. 

• ALASKA NANUUQ COMMISSION.—The term ‘‘Alaska Nanuuq 

Commission’’ means an entity that represents the villages of Alaska that take polar bears for subsistence purposes. 

• IMPORT.—The term ‘‘import’’ means to land, bring into, or introduce into the United States. 

• NATIVE PEOPLE.—The term ‘‘Native People’’ has the meaning 

given the term in the Agreement. 

• POLAR BEAR PART OR PRODUCT.—The term ‘‘polar bear part or 

product’’ means any part of a polar bear, including the gall bladder. 

• SECRETARY—The term ‘‘Secretary’’ means Secretary of the Interior. 

• TAKING.—The term ‘‘taking’’ means hunting, capturing, or killing a polar bear. 

• UNITED STATES/RUSSIA POLAR BEAR COMMISSION.—The term 

‘‘United States/Russia Polar Bear Commission’’ means the bi-national commission established under article 8 of the Agreement. 

• UNITED STATES SECTION.—The term ‘‘United States Section’’

means the commissioners appointed by the President under section 

505. 

Section 502. Prohibitions 

This section states that it is unlawful for any person to take, possess, or trade any polar bear in violation of the Agreement. This 

includes importing, exporting, possessing, transporting, selling, receiving, acquiring, purchasing, exchanging, bartering, or offering to 

sell, exchange, or barter for any polar bear or any part or product 

of a polar bear. 

Exceptions would be made for government officials specifically, 

forensic testing, or any other law enforcement purpose. 

Section 503. Administration and enforcement 

This section provides that the Secretary of the Interior, acting 

through the United States Fish and Wildlife Service, would implement, enforce, and administer the provisions of the Agreement on 

behalf of the United States. The Secretary would be required to 

consult with the Secretary of State, the Marine Mammal Commission, and the Alaska Nanuuq Commission on matters involving the 

implementation of the Agreement. 

FORFEITURE.—A person or entity in possession of a polar bear or 

parts of a polar bear found to be in violation will be subject to having the polar bear seized along with any equipment involved in the 

violation. This includes traps, guns, vehicles, vessels, aircraft or 

other means of transportation. 

INSPECTION.—Any person authorized by the Secretary of the Interior, the Secretary of the Treasury, the Secretary of Homeland 

Security, or the Secretary of Commerce to enforce this title may detain, inspect, and seize any container, including the contents of the 

container, and all accompanying documents, upon importation or 

exportation of polar bears or polar bear parts. 

APPLICABLE LAW.—All provisions of law relating to the seizure, 

forfeiture, and condemnation of property for violation of the customs laws or the proceeds from the sale of that property apply. 


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CIVIL PENALTIES.—A penalty of not more than $50,000 may be 

imposed by the Secretary for each violation. 

CRIMINAL PENALTIES.—For a person who knowingly violates sec- tion 502, a fine of not more than $100,000 for each such violation, 

imprisonment not more than one year, or both may be imposed by 

the Secretary. 

DISTRICT COURT JURISDICTION.—The United States district 

courts, including the courts specified in section 460 of title 28, 

United States Code, have jurisdiction over any action arising under 

this title. The United States District Court for the District of Alaska has exclusive original jurisdiction of any action arising under 

this title for any violation committed, or alleged to have been committed, in Alaska. 

Section 504. Designation and appointment of members of the U.S. 

Section of the Commission and compensation 

This section describes the appointment process and compensation 

for the members of the Commission. Two commissioners would be 

appointed by the President in consultation with the Secretary of Interior, Congressional leaders, and the Alaska Nanuuq Commission. 

Of the two appointees, one would be required to be an official of 

the Federal Government and the other would be required to be a 

representative of the Alaska Native people. Both must have practical knowledge of polar bears. The Commissioners would serve a 

four-year term at the pleasure of the President. Vacancies would be 

filled by the same process as described for original appointees. This 

section also provides for the appointment of alternate commissioners by the Secretary of Interior. The alternates would exercise 

all functions of an absent Commissioner. The alternates are eligible 

for reappointment by the President and may attend all meetings of 

the United States Section. Members of the U.S. Section will serve 

without compensation. Travel expenses and per diem is permitted. 

Section 505. Votes taken by the U.S. Section on matters before the 

Commission 

This section describes the voting process of the U.S. Section. The 

U.S. Section would vote on any issue before the Commission, but 

only if there is no disagreement between both U.S. Commissioners 

regarding the vote. 

Section 506. Implementation of actions taken by Commission 

This section directs the Secretary of the Interior to take all necessary actions to implement the decisions of the Commission. Within 60 days after the Secretary receives a notice of the Commission 

setting an annual taking limit, the Secretary would be required to 

publish the taking limit of Polar Bears in the Federal Register. 

Section 507. Cooperative management agreement; Authority to delegate enforcement authority 

This section allows the Secretary of the Interior, through the 

U.S. Fish and Wildlife Service, to share the management authority 

for the taking of polar bears with the Alaska Nanuuq Commission. 

For the Alaska Nanuuq Commission to be eligible for cooperative 

management authority it would be required to meet the following 

requirements: 


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• Enter into a cooperative agreement with the Secretary 

under section 119 of the title. 

• Monitor the compliance with the title. 

• Administer its co-management program in accordance with 

the title, the agreement, and the Agreement on the Conservation of Polar Bears, done at Oslo, Norway, November 15, 1973 

(27 UST 3918; TIAS 8409). 

Section 508. Application with other titles of Act 

This section provides that the Secretary of the Interior’s authority would be in addition to, and would not affect, the Secretary’s 

authority under other titles of this Act or the Lacey Act. 

Section 509. Authorization of appropriations 

This section authorizes the appropriation, for each of fiscal years 2006 through 2010, of $3 million to the Secretary of the Interior, 

$500,000 to the Commission, and $500,000 to the Alaskan Cooperative Management Program to carry out this title and the Agreement in Alaska. 


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(9) 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

MARINE MAMMAL PROTECTION ACT OF 1972 

TITLE V—ALASKA-CHUKOTKA POLAR 

BEARS 

SEC. 501. DEFINITIONS. 

In this title: 

(1) AGREEMENT.—The term ‘‘Agreement’’ means the Agreement Between the Government of the United States of America 

and the Government of the Russian Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear 

Population, signed at Washington, D.C., on October 16, 2000. 

(2) ALASKA NANUUQ COMMISSION.—The term ‘‘Alaska Nanuuq 

Commission’’ means the Alaska Native entity, in existence on 

the date of enactment of this Act, that represents all villages in 

the State of Alaska that engage in the annual subsistence taking of polar bears from the Alaska-Chukotka population and 

any successor entity. 

(3) IMPORT.—The term ‘‘import’’ means to land on, bring into, 

or introduce into, or attempt to land on, bring into, or introduce 

into, any place subject to the jurisdiction of the United States, 

without regard to whether the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. 

(4) NATIVE PEOPLE.—The term ‘‘Native people’’ has the meaning given the term in the Agreement. 

(5) POLAR BEAR PART OR PRODUCT.—The term ‘‘part or product of a polar bear’’ means any polar bear part or product, including the gall bile and gall bladder. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

the Interior. 

(7) TAKING.—The term ‘‘taking’’ means hunting, capturing, or 

killing a polar bear. 

(8) UNITED STATES-RUSSIA POLAR BEAR COMMISSION.—The 

term ‘‘United States-Russia Polar Bear Commission’’ means the 

binational commission established under article 8 of the Agreement. 


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(9) UNITED STATES SECTION.—The term ‘‘United States Section’’ means the commissioners appointed by the President 

under section 505 of this title. 

SEC. 502. PROHIBITIONS. 

(a) IN GENERAL.—It is unlawful for any person—

(1) to take any polar bear in violation of the Agreement; 

(2) to take any polar bear in violation of any annual taking 

limit or other restriction on the taking of polar bears that is 

adopted by the United States-Russia Polar Bear Commission 

pursuant to the Agreement; 

(3) to import, export, possess, transport, sell, receive, acquire, 

purchase, exchange, barter, or offer to sell, exchange, or barter 

any polar bear, or any part or product of a polar bear, that is 

taken in violation of the Agreement or any limit or restriction 

on taking that is adopted by the United States-Russia Polar 

Bear Commission; 

(4) to import, export, possess, transport, sell, receive, acquire, 

purchase, exchange, or barter, offer to sell, exchange, or barter, 

polar bear gall bile or a polar bear gall bladder; 

(5) to attempt to commit, solicit another person to commit, or 

cause to be committed, any offense under this subsection; or 

(6) to violate any regulation promulgated by the Secretary to 

implement any of the prohibitions established in this subsection. 

(b) EXCEPTIONS.—For the purpose of forensic testing or any other 

law enforcement purpose, a government official may import a polar 

bear or any part or product of a polar bear. 

SEC. 503. ADMINISTRATION AND ENFORCEMENT. 

(a) IN GENERAL.—The Secretary, acting through the United States 

Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of 

the United States. The Secretary shall consult with the Secretary of 

State, the Marine Mammal Commission, and the Alaska Nanuuq 

Commission on matters involving the implementation of the Agreement. The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission 

for purposes of carrying out this title or the Agreement. Any person 

authorized by the Secretary under this subsection to enforce this 

title or the Agreement shall have the powers and authorities that 

are enumerated in section 6(b) of the Lacey Act Amendments of 1981 

(16 U.S.C. 3375(b)). 

(b) FORFEITURE.—

(1) REQUIREMENT.—

(A) IN GENERAL.—A polar bear, or any part or product of 

a polar bear, that is (or attempted to be) imported, exported, taken, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered or offered for 

sale, exchange, or barter, or purchase, in violation of this 

title, shall be subject to seizure and forfeiture to the United 

States without any showing that may be required for assessment of a civil penalty or for criminal prosecution. 


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(B) EQUIPMENT.—Each gun, trap, net, or other equipment 

used, and any vessel, vehicle, aircraft, or other means of 

transportation used, to aid in the violation or attempted 

violation of this title shall be subject to forfeiture to the 

United States upon conviction of a criminal violation in accordance with subsection (e). 

(2) INSPECTION.— (A) IN GENERAL.—Any person authorized by the Secretary, the Secretary of the Treasury, the Secretary of 

Homeland Security, or the Secretary of Commerce to enforce this title may— (i) detain and inspect any container, including the 

contents of the container, and all accompanying documents, upon importation or exportation of the container; 

(ii) search and, if the container is found to contain 

a polar bear or part or product of a polar bear, seize 

the package, crate, or container, and any documentation associated with it, with or without a warrant. 

(B) TREATMENT OF SEIZED MATERIALS.—

(i) IN GENERAL.—Except as provided in clause (ii), 

any polar bear, or any part or product of a polar bear, 

seized under this section shall be held by any person 

authorized by the Secretary, the Secretary of the Treasury, the Secretary of Homeland Security, or the Secretary of Commerce pending disposition of civil or 

criminal proceedings, or the institution of an action in 

rem for forfeiture of the polar bear, part, or product, in 

accordance with this subsection. 

(ii) BOND.—Subject to clause (iii), in lieu of holding 

a polar bear or any part or product of a polar bear described in clause (i), the Secretary may permit the 

owner to post a bond or other surety satisfactory to the 

Secretary. 

(iii) DISPOSAL.—Upon forfeiture of any property to 

the United States under this subsection, or the abandonment or waiver of any claim to any such property, 

the property shall be disposed of by the Secretary in 

such a manner, consistent with the purposes of this 

title, as the Secretary shall by regulation prescribe. 

(3) APPLICABLE LAW.—

(A) IN GENERAL.—Subject to subparagraph (B), the following provisions of law described in subparagraph (B) 

shall apply to all seizures and forfeitures carried out under 

this title: 

(i) All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of 

the customs laws. 

(ii) All provisions of law relating to the disposition of 

seized or forfeited property or the proceeds from the 

sale of that property. 

(iii) All provisions of law relating to the remission or 

mitigation of that forfeiture. 

(iv) Section 981 of title 18, United States Code. 


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(B) EXCEPTION.—All powers, rights, and duties conferred 

or imposed by the customs laws upon any officer or employee of the Department of Treasury shall, for the purpose 

of this title, be exercised or performed by— (i) the Secretary or the Secretary’s designee; or 

(ii) such persons as the Secretary may designate. 

(c) CIVIL PENALTIES.— (1) PENALTIES.— (A) IN GENERAL.—Any person who knowingly engages in 

conduct prohibited by section 502, or who in the exercise of 

due care should know that the person is engaging in conduct prohibited by section 502, may be assessed a civil penalty by the Secretary of not more than $50,000 for each violation. 

(B) NOTICE AND OPPORTUNITY FOR HEARING.—No penalty 

may be assessed against a person under this paragraph unless the person is given notice and opportunity for a hearing with respect to the violation for which the penalty is assessed. 

(C) SEPARATE OFFENSES.—Each violation shall be a separate offense. 

(D) REMISSION AND MITIGATION.—A civil penalty assessed 

under this paragraph may be remitted or mitigated by the 

Secretary. 

(E) CIVIL ACTION.—Upon any failure by a person to pay 

a civil penalty assessed under this paragraph— (i) the Secretary may request the Attorney General to 

bring a civil action in the United States district court 

for any district in which the person is found, resides, 

or transacts business to collect the penalty; and 

(ii) the court shall have jurisdiction to hear and decide any such action. 

(F) STANDARD.—A court shall hear and sustain a civil 

action by the Secretary under subparagraph (E) if the civil 

action is supported by substantial evidence on the record 

considered as a whole. 

(2) PROCEDURE.— (A) IN GENERAL.—A hearing held during proceedings for 

the assessment of a civil penalty under paragraph (1) shall 

be conducted in accordance with section 554 of title 5, 

United States Code. 

(B) SUBPOENAS.—The Secretary may issue subpoenas for 

the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. 

(C) REIMBURSEMENT OF WITNESSES.—A witness summoned to appear in a proceeding under this paragraph 

shall be paid the same fees and mileage that are paid to 

witnesses in the courts of the United States. 

(D) CONTUMACY.—In case of contumacy or refusal to obey 

a subpoena served upon any person under this paragraph— (i) the United States district court for any district in 

which the person is found, resides, or transacts business, upon application by the United States and after 


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notice to the person, shall have jurisdiction to issue an 

order requiring the person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both; and 

(ii) any failure to obey such an order of the court 

may be punished by the court as a contempt of the 

court. 

(d) CRIMINAL PENALTIES.—A person who knowingly violates section 502 shall be fined not more than $100,000 for each such violation, imprisoned not more than 1 year, or both. 

(e) DISTRICT COURT JURISDICTION.—

(1) IN GENERAL.—The United States district courts, including 

the courts specified in section 460 of title 28, United States 

Code, shall have jurisdiction over any action arising under this 

title. 

(2) ALASKAN CASES.—Notwithstanding paragraph (1), the 

United States District Court for the district of Alaska shall 

have exclusive original jurisdiction of any action arising under 

this title for any violation committed, or alleged to have been 

committed, in Alaska. 

(f) OTHER ENFORCEMENT.—The importation or exportation of a 

polar bear, or any part or product of a polar bear, that is taken, 

possessed, transported, sold, received, acquired, purchased, exchanged, or bartered or offered for sale, exchange, or barter, or purchase, in violation of the Agreement or any limitation or restriction 

of the United States-Russia Polar Bear Commission shall be considered to be transportation of wildlife for the purpose of section 3(a) 

of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)). 

(g) REGULATIONS.—

(1) IN GENERAL.—The Secretary shall promulgate such regulations as are necessary to carry out this title and the Agreement. 

(2) ORDINANCES AND REGULATIONS.—If necessary to carry out 

this title and the Agreement, and to improve compliance with 

the annual taking limit or other restriction on taking adopted 

by the United States-Russia Polar Bear Commission and implemented by the Secretary in accordance with this title, the Secretary may promulgate regulations that adopt any ordinance or 

regulation that restricts the taking of polar bears for subsistence 

purposes if the ordinance or regulation has been promulgated 

by the Alaska Nanuuq Commission. 

(h) 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)). 

(i) SEVERABILITY.—If any provision of this title is, for any reason, 

found to be invalid by a court of competent jurisdiction, the judgment of the court—

(1) shall not affect, impair, or invalidate the remaining provisions of this title; and 

(2) shall instead be confined in its operation to provision of 

the Act directly involved in the controversy in which the judgment is rendered. 


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14 

SEC. 504. DESIGNATION AND APPOINTMENT OF MEMBERS OF THE 

UNITED STATES SECTION OF THE COMMISSION; COMPENSATION, TRAVEL EXPENSES, AND CLAIMS. 

(a) DESIGNATION AND APPOINTMENT.—

(1) IN GENERAL.—The United States shall be represented on 

the United States-Russia Polar Bear Commission by 2 United 

States commissioners. 

(2) APPOINTMENT.—The United States commissioners shall be 

appointed by the President, after taking into consideration the 

recommendations of—

(A) the Secretary; 

(B) the Secretary of State; 

(C) the Speaker of the House of Representatives and the 

President pro tempore of the Senate; and 

(D) the Alaska Nanuuq Commission. 

(3) QUALIFICATIONS.—With respect to the United States commissioners appointed under this subsection, in accordance with 

paragraph 2 of article 8 of the Agreement—

(A) 1 United States commissioner shall be an official of 

the Federal Government; 

(B) 1 United States commissioner shall be a representative of the Native people of Alaska, and, in particular, the 

Native people for whom polar bears are an integral part of 

their culture; and 

(C) both commissioners shall be knowledgeable of, or 

have expertise in, polar bears. 

(4) SERVICE AND TERM.—Each United States commissioner 

shall serve—

(A) at the pleasure of the President; and 

(B) for an initial 4-year term and such additional terms 

as the President shall determine. 

(5) VACANCIES.—

(A) IN GENERAL.—Any individual appointed to fill a vacancy occurring before the expiration of any term of office 

of a United States commissioner shall be appointed for the 

remainder of that term. 

(B) MANNER.—Any vacancy on the United States-Russia 

Polar Bear Commission shall be filled in the same manner 

as the original appointment. 

(b) ALTERNATE COMMISSIONERS.—

(1) IN GENERAL.—The Secretary, in consultation with the Secretary of State, the Speaker of the House of Representatives, the 

President pro tempore of the Senate, and the Alaska Nanuuq 

Commission, shall designate an alternate commissioner for 

each member of the United States Section. 

(2) DUTIES.—In the absence of a commissioner, an alternate 

commissioner may exercise all functions of the commissioner at 

any meetings of the United States-Russia Polar Bear Commission or of the United States Section. 

(3) REAPPOINTMENT.—An alternate commissioner—

(A) shall be eligible for reappointment by the President; 

and 

(B) may attend all meetings of the United States Section. 


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15 

(c) DUTIES.—The members of the United States Section may carry 

out the functions and responsibilities described in article 8 of the 

Agreement in accordance with this title and the Agreement. 

(d) COMPENSATION AND EXPENSES.—

(1) COMPENSATION.—A member of the United States Section 

shall serve without compensation. 

(2) TRAVEL EXPENSES.—A member of the United States Section shall be allowed travel expenses, including per diem in lieu 

of subsistence, at rates authorized for an employee of an agency 

under subchapter I of chapter 57 of title 5, United States Code, 

while away from the home or regular place of business of the 

member in the performance of the duties of the United StatesRussia Polar Bear Commission. 

(e) AGENCY DESIGNATION.—The United States Section shall, for 

the purpose of title 28, United States Code, relating to claims 

against the United States and tort claims procedure, be considered 

to be a Federal agency. 

SEC. 505. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE THE COMMISSION. 

In accordance with paragraph 3 of article 8 of the Agreement, the 

United States Section shall vote on any issue before the United 

States-Russia Polar Bear Commission only if there is no disagreement between the 2 United States commissioners regarding the vote. 

SEC. 506. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION. 

(a) IN GENERAL.—The Secretary shall take all necessary and appropriate actions to implement the decisions and determinations of 

the United States-Russia Polar Bear Commission under paragraph 

7 of article 8 of the Agreement. 

(b) TAKING LIMITATION.—Not later than 60 days after the date on 

which the Secretary receives notice of the determination of the 

United States-Russia Polar Bear Commission of an annual taking 

limit, or of the adoption by the United States-Russia Polar Bear 

Commission of other restriction on the taking of polar bears for subsistence purposes, the Secretary shall publish a notice in the Federal 

Register announcing the determination or restriction. 

SEC. 507. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO 

DELEGATE ENFORCEMENT AUTHORITY. 

(a) IN GENERAL.—The Secretary, acting through the United States 

Fish and Wildlife Service, may share authority under this title for 

the management of the taking of polar bears for subsistence purposes with the Alaska Nanuuq Commission. 

(b) DELEGATION.—To be eligible for the cooperative management 

authority described in subsection (a), the Alaska Nanuuq Commission—

(1) shall have an active cooperative agreement with the Secretary under section 119 of this title for the conservation of 

polar bears; 

(2) shall meaningfully monitor compliance with this title and 

the Agreement by Alaska Natives; and 

(3) shall administer its co-management program for polar 

bears in accordance with— (A) this title; 

(B) the Agreement; and 


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16 

(C) the Agreement on the Conservation of Polar Bears, 

done at Oslo, November 15, 1973 (27 UST 3918; TIAS 

8409). 

SEC. 508. APPLICATION WITH OTHER TITLES OF ACT. 

(a) IN GENERAL.—The authority of the Secretary under this title 

is in addition to, and shall not affect the authority of the Secretary 

under, the other titles of this Act or the Lacey Act Amendments of 

1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives 

under section 101(b) of this Act. 

(b) CERTAIN PROVISIONS INAPPLICABLE.—The provisions of titles I 

through IV of this Act do not apply with respect to the implementation, enforcement, or administration of this title.’’. 

SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to the 

Secretary to carry out the functions and responsibilities of the Secretary under this title and the Agreement $3,000,000 for each of fiscal years 2006 through 2010. 

(b) COMMISSION.—There are authorized to be appropriated to the 

Secretary to carry out functions and responsibilities of the United 

States Section $500,000 for each of fiscal years 2006 through 2010. 

(c) ALASKAN COOPERATIVE MANAGEMENT PROGRAM.—There are 

authorized to be appropriated to the Secretary to carry out this title 

and the Agreement in Alaska $500,000 for each of fiscal years 2006 

through 2010. 

Æ 


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