```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2013 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 2013

_______________________________________________________________________

                                 AN ACT

 
  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.

    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 ``United States-Russia Polar Bear 
Conservation and Management Act of 2005''.

SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

    (a) In General.--The Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) is amended by adding at the end thereof the 
following:

                 ``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.
            ``(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.
                    ``(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.
                    ``(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 
                        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.

``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.
    ``(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 States-Russia 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
                    ``(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 $1,000,000 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 $150,000 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 $150,000 for each of fiscal years 2006 through 
2010.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 
amended by adding at the end the following:

                  Title V--Alaska-Chukotka Polar Bears

``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration and enforcement.
``Sec. 504. Designation and appointment of members of the United States 
                            Section of the Commission; compensation, 
                            travel expenses, and claims.
``Sec. 505. Votes taken by the United States Section on matters before 
                            the Commission.
``Sec. 506. Implementation of actions taken by the Commission.
``Sec. 507. Cooperative management agreement; authority to delegate 
                            enforcement authority.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.

            Passed the Senate June 6, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 2013

_______________________________________________________________________

                                 AN ACT

  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.
```