I 

110TH CONGRESS 

2D SESSION H. R. 5429 

To amend the Marine Mammal Protection Act of 1972 to authorize appropriations for marine mammal cooperative management agreements in Alaska, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2008 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Marine Mammal Protection Act of 1972 to 

authorize appropriations for marine mammal cooperative 

management agreements in Alaska, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marine Mammal Coop5 erative Agreements in Alaska Amendments Act of 2008’’. 

6 SEC. 2. COOPERATIVE AGREEMENTS IN ALASKA. 

7 (a) DEFINITION OF DEPLETION AND DEPLETED.— 

8 Section 3(1)(A) of the Marine Mammal Protection Act of 

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1 1972 (16 U.S.C. 1362(1)(A)) is amended by striking ‘‘of 

2 this Act,’’ and inserting ‘‘and, for any stock subject to a 

3 cooperative agreement with a harvest management plan 

4 entered into under section 119, those Alaska Native orga5 nizations that are signatories to such an agreement,’’. 

6 (b) EXEMPTION OF TAKINGS FOR SUBSISTENCE OR

7 AUTHENTIC NATIVE ARTICLES.—Section 101(b) (16 

8 U.S.C. 1371) is amended by striking ‘‘section 109’’ and 

9 inserting ‘‘sections 109 and 119(c)’’. 

10 (c) USE OF ALASKA NATIVE ORGANIZATIONS FOR

11 ENFORCEMENT.—Section 107(a) (16 U.S.C. 1377(a)) is 

12 amended by inserting ‘‘, or of an Alaska Native organiza13 tion for purposes of enforcing this title pursuant to a har14 vest management plan with the organization under section 

15 119’’ before the period at the end. 

16 (d) MARINE MAMMAL COOPERATIVE AGREEMENTS

17 IN ALASKA.—Section 119 (16 U.S.C. 1388) is amended 

18 to read as follows: 

19 ‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS 

20 IN ALASKA. 

21 ‘‘(a) MARINE MAMMAL COOPERATIVE AGREEMENTS

22 IN ALASKA.— 

23 ‘‘(1) IN GENERAL.—The Secretary may enter 

24 into cooperative agreements with Alaska Native or25 ganizations to conserve and manage any stock of 

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1 marine mammals and provide comanagement of sub2 sistence use by Alaska Natives. Such agreements 

3 may include, among other purposes— 

4 ‘‘(A) the collection and analysis of popu5 lation data; 

6 ‘‘(B) harvest monitoring; 

7 ‘‘(C) participation in marine mammal re8 search; 

9 ‘‘(D) development of marine mammal co10 management structures; 

11 ‘‘(E) collection of biological specimens; 

12 ‘‘(F) educational and scientific displays; 

13 ‘‘(G) a harvest management plan gov14 erning Alaska Native subsistence use for those 

15 stocks or species covered by the cooperative 

16 agreement; and 

17 ‘‘(H) reporting requirements. 

18 ‘‘(2) CONSULTATION.—The Secretaries shall 

19 consult with each other in the development of coop20 erative agreements to ensure consistency in the im21 plementation of this section. 

22 ‘‘(3) REPORTING REQUIREMENTS.— 

23 ‘‘(A) REPORTS BY PERMITTEES.—All 

24 transfers of marine mammal specimens col25 lected under subsection (a)(1)(E) shall be inmstockstill on PROD1PC66 with BILLS

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1 cluded in reports under section 104(c)(1) from 

2 scientific researchers who receive the specimens 

3 under authority granted under that section. 

4 ‘‘(B) REPORTS BY ALASKA NATIVE ORGA5 NIZATIONS.—An Alaska Native organization 

6 shall— 

7 ‘‘(i) maintain an inventory of all ma8 rine mammal parts used in a display under 

9 subsection (a)(1)(F); and 

10 ‘‘(ii) provide periodic reports to the 

11 Secretary on such use. 

12 ‘‘(b) MANAGEMENT PLAN REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—A harvest management 

14 plan established under a cooperative agreement 

15 under this section with an Alaska Native organiza16 tion shall— 

17 ‘‘(A) apply only to Alaska Natives, in18 cluded in the exemption under section 101(b); 

19 ‘‘(B) identify the signatories to the plan, 

20 and the stock or species and geographic area 

21 covered by the plan; 

22 ‘‘(C) be based on biological information 

23 and traditional ecological knowledge; 

24 ‘‘(D) provide for a sustainable harvest of 

25 each stock or species covered by the plan, and 

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1 be designed to prevent populations of such 

2 stocks and species from becoming depleted; 

3 ‘‘(E) have a clearly defined process and 

4 authority for enforcement and implementation 

5 of any management prescriptions under the 

6 plan; and 

7 ‘‘(F) specify the duration of the plan and 

8 set forth procedures for periodic review and ter9 mination of the plan. 

10 ‘‘(2) RESPONSIBILITIES OF ALASKA NATIVE OR11 GANIZATION.—A harvest management plan estab12 lished under a cooperative agreement under this sec13 tion must require the Alaska Native organization 

14 to— 

15 ‘‘(A) monitor compliance by Alaska Na16 tives with the terms of harvest management 

17 plan; 

18 ‘‘(B) administer its management of marine 

19 mammals in accordance with the terms of the 

20 harvest management plan; and 

21 ‘‘(C) report to the Secretary on actions 

22 taken to implement the agreement and the har23 vest management plan. 

24 ‘‘(c) IMPLEMENTING REGULATIONS AND ORDI25 NANCES.— 

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1 ‘‘(1) REGULATIONS BY SECRETARY.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), the Secretary— 

4 ‘‘(i) shall promulgate such regulations 

5 as are necessary to carry out this section; 

6 and 

7 ‘‘(ii) may promulgate regulations that 

8 implement any ordinance, regulation, or 

9 other provision that— 

10 ‘‘(I) is included in an Alaskan 

11 Native organization harvest manage12 ment plan established under a cooper13 ative agreement; and 

14 ‘‘(II) restricts the taking or use 

15 of marine mammals for subsistence 

16 purposes consistent with such plan. 

17 ‘‘(B) LIMITATION.—The Secretary may 

18 not promulgate any regulation under subpara19 graph (A) unless the regulation— 

20 ‘‘(i) is necessary to carry out this sec21 tion; 

22 ‘‘(ii) is no more restrictive than any 

23 taking limit or other restriction contained 

24 in the harvest management plan adopted 

25 by the Alaska Native organization and immstockstill on PROD1PC66 with BILLS

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1 plemented by the Secretary in accordance 

2 with this section; and 

3 ‘‘(iii) is necessary to improve compli4 ance with any taking limit or other restric5 tion in a harvest management plan that is 

6 adopted by the Alaskan Native organiza7 tion and implemented by the Secretary in 

8 accordance with this section. 

9 ‘‘(2) DEPLETED STOCKS.—A regulation or ordi10 nance adopted by an Alaska Native organization in 

11 a harvest management plan for a depleted stock 

12 shall apply only to the extent the regulation or ordi13 nance is consistent with regulations issued by the 

14 Secretary under sections 101(b) and 103 that apply 

15 to such stock. 

16 ‘‘(d) PROHIBITION.—It is unlawful for any Alaska 

17 Native within the geographic area to which a harvest man18 agement plan under this section applies, to take, trans19 port, sell, or possess a marine mammal in violation of the 

20 provisions of a harvest management plan or regulations 

21 promulgated under this section. 

22 ‘‘(e) GRANTS.—An agreement entered into under this 

23 section may, subject to the availability of appropriations, 

24 include a grant by the Secretary to an Alaska Native orga25 nization for, among other purposes— 

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1 ‘‘(1) collecting and analyzing data on marine 

2 mammal populations; 

3 ‘‘(2) monitoring the harvest of marine mam4 mals for subsistence and handicraft uses; 

5 ‘‘(3) participating in marine mammal research 

6 conducted by the Federal Government, the State of 

7 Alaska, academic institutions, or private organiza8 tions; and 

9 ‘‘(4) developing marine mammal comanagement 

10 structures with Federal and State agencies, and im11 plementing and enforcing any harvest management 

12 plan included in the agreement. 

13 ‘‘(f) ADVANCE NOTICE AND OPPORTUNITY FOR COM14 MENT REGARDING PROPOSED REGULATIONS.—Before 

15 proposing any regulation under section 101(b) relating to 

16 the taking of a stock of marine mammals that is the sub17 ject of a harvest management plan under this section, the 

18 Secretary shall— 

19 ‘‘(1) solicit recommendations for such proposed 

20 regulation from each Alaska Native organization en21 gaged in harvest management of the species or stock 

22 pursuant to this section; and 

23 ‘‘(2) provide to each such organization with a 

24 cooperative agreement— 

25 ‘‘(A) a copy of the proposed regulation; 

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1 ‘‘(B) an analysis of how the proposed regu2 lation would achieve the goal of being the least 

3 restrictive measure upon subsistence use of the 

4 stock and the conservation of marine mammals; 

5 and 

6 ‘‘(C) an opportunity to comment on the 

7 proposed regulation prior to publication of any 

8 proposed regulations in the Federal Register. 

9 ‘‘(g) PUBLIC NOTICE.—The Secretary shall publish 

10 each harvest management plan entered into under this 

11 section. 

12 ‘‘(h) FACA EXEMPTION.—The Federal Advisory 

13 Committee Act (5 App. U.S.C.) shall not apply with re14 spect to the provision of any advice or recommendations 

15 to the Secretary by any Alaska Native organization (in16 cluding any scientific review group associated with such 

17 an organization), or the obtaining of any advice or rec18 ommendations by the Secretary from such an organiza19 tion, for the purpose of formulation or implementation of 

20 a cooperative agreement under this section. 

21 ‘‘(i) RELATIONSHIP TO TITLE V.—Nothing in this 

22 section affects title V or any authority under title V of 

23 this Act. 

24 ‘‘(j) EFFECT OF JURISDICTION.—Nothing in this sec25 tion is intended or shall be construed— 

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1 ‘‘(1) as authorizing any expansion or change in 

2 the respective jurisdiction of Federal, State, or Trib3 al governments over fish and wildlife resources; or 

4 ‘‘(2) as altering in any respect the existing po5 litical or legal status of Alaska Natives, or the gov6 ernmental or jurisdictional status of Alaska Native 

7 communities or Alaska Native entities. 

8 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There are authorized to be 

10 appropriated for the purposes of carrying out this 

11 section— 

12 ‘‘(A) to the Secretary of the Interior, 

13 $3,000,000 for each of fiscal years 2007 

14 through 2010; and 

15 ‘‘(B) to the Secretary of Commerce 

16 $3,700,000, for each of fiscal years 2007 

17 through 2010 of which not less than $300,000 

18 shall be for payment to the Indigenous People’s 

19 Council for Marine Mammals, or its successor 

20 organization, for administrative expenses and 

21 statewide coordination between its member 

22 Alaska Native Organizations. 

23 ‘‘(2) ADMINISTRATIVE COSTS.—Of the amounts 

24 authorized under this section for each of the Sec25 retary of Commerce and the Secretary of the Intemstockstill on PROD1PC66 with BILLS

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1 rior, not more than 5 percent may be used for agen2 cy administrative costs. 

3 ‘‘(l) REPORT TO CONGRESS.—The Secretaries shall 

4 each issue a report to Congress on— 

5 ‘‘(1) actions taken to implement this section; 

6 and 

7 ‘‘(2) the use of funds authorized by this section 

8 by the Secretaries and Alaska Native organizations, 

9 including the Indigenous People’s Council for Ma10 rine Mammals. 

11 ‘‘(m) INDIGENOUS PEOPLE’S COUNCIL FOR MARINE

12 MAMMALS DEFINED.—For the purpose of this section the 

13 term ‘Indigenous People’s Council for Marine Mammals’ 

14 means a consortium of Alaska Native organizations that 

15 are engaged in the conservation and comanagement of 

16 subsistence use of marine mammals by Alaska Natives.’’. 

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