I 

115TH CONGRESS 

2D SESSION H. R. 5763 

To implement the Agreement on the Conservation of Albatrosses and Petrels, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2018 

Mr. LOWENTHAL (for himself, Mr. FITZPATRICK, Mr. CARTWRIGHT, Mr. 

DEFAZIO, Mr. GRIJALVA, Ms. LEE, Mr. TED LIEU of California, Mr. 

MCNERNEY, Mr. POCAN, Mr. POLIS, Mr. QUIGLEY, Mr. SCHIFF, and Ms. 

NORTON) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To implement the Agreement on the Conservation of 

Albatrosses and Petrels, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Albatross and Petrel Conservation Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—CONSERVATION MEASURES 

Sec. 101. Reestablishment of species. 

Sec. 102. Management of nonnative species. 

Sec. 103. Habitat conservation and restoration. 

Sec. 104. Management of human activities. 

Sec. 105. Education and public awareness. 

TITLE II—PROHIBITED ACTS, PERMITS, AND EXEMPTIONS 

Sec. 201. Prohibited acts. 

Sec. 202. Authorization of take. 

Sec. 203. Exemption. 

TITLE III—PENALTIES AND ENFORCEMENT 

Sec. 301. Enforcement. 

TITLE IV—AGREEMENT AUTHORITY 

Sec. 401. Agreement authority. 

Sec. 402. Reporting. 

Sec. 403. General coordination. 

TITLE V—INTERNATIONAL COOPERATION AND ASSISTANCE 

Sec. 501. Cooperation among nations. 

TITLE VI—BYCATCH AND EQUIVALENT CONSERVATION 

Sec. 601. Protected living marine resources. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Sec. 701. Regulatory authority. 

Sec. 702. Administration. 

Sec. 703. Effective date. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVISORY COMMITTEE.—The term ‘‘Advi4 sory Committee’’ means the Advisory Committee es5 tablished by Article IX of the Agreement. 

6 (2) AGREEMENT.—Each of the terms ‘‘Agree7 ment on the Conservation of Albatrosses and 

8 Petrels’’ and ‘‘Agreement’’ means the Agreement on 


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1 the Conservation of Albatrosses and Petrels, done at 

2 Cape Town, South Africa, on February 2, 2001. 

3 (3) COVERED ALBATROSSES AND PETRELS.— 

4 The terms ‘‘covered albatrosses and petrels’’ and 

5 ‘‘covered albatross or petrel’’ mean any species, sub6 species, population, or individual within the taxo7 nomic order Procellariiformes that is listed under 

8 Annex I of the Agreement, whether dead or alive, in9 cluding any part, egg, derivative nest, or product of 

10 such a species, subspecies, population, or individual. 

11 (4) ANTARCTICA.—The term ‘‘Antarctica’’ 

12 means the area south of 60 degrees south latitude. 

13 (5) BREEDING SITE.—The term ‘‘breeding site’’ 

14 means— 

15 (A) a location in the wild at which any cov16 ered albatross or petrel eggs, tended by the par17 ent birds, have successfully hatched at any time 

18 in the previous 5 years; or 

19 (B) a location where reestablishment of 

20 breeding covered albatrosses and petrels is un21 derway. 

22 (6) CONSERVATION MEASURE.—The term ‘‘con23 servation measure’’ means any action taken for the 

24 purpose of achieving or maintaining the favorable 


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1 conservation status of covered albatrosses and 

2 petrels. 

3 (7) DISTURB AND DISTURBANCE.—Each of the 

4 terms ‘‘disturb’’ and ‘‘disturbance’’ means any act 

5 that interferes with the natural behavioral patterns 

6 of covered albatrosses and petrels, including migra7 tion, brooding, nesting, breeding, feeding, or shel8 tering, to a point at which such behavioral patterns 

9 are abandoned or significantly altered. 

10 (8) FAVORABLE CONSERVATION STATUS.—The 

11 term ‘‘favorable conservation status’’ has the mean12 ing given the term in Article I of the Agreement. 

13 (9) HABITAT.—The term ‘‘habitat’’ means any 

14 area within the range, that contains suitable living 

15 conditions for covered albatrosses and petrels, in16 cluding appropriate nesting and foraging areas. 

17 (10) MAGNUSON-STEVENS ACT.—The term 

18 ‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste19 vens Fishery Conservation and Management Act (16 

20 U.S.C. 1801 et seq.). 

21 (11) PARTY.—The term ‘‘Party’’ means any 

22 country (including the United States) or regional 

23 economic integration organization that has ratified 

24 or acceded to the Agreement. 

25 (12) PERSON.—The term ‘‘person’’ means— 


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1 (A) any individual (whether or not a cit2 izen or national of the United States); 

3 (B) any corporation, partnership, associa4 tion, or other entity (whether or not existing 

5 under the laws of any State); and 

6 (C) any Federal, State, local, or foreign 

7 government or any entity of such a government. 

8 (13) RANGE.—The term ‘‘range’’ means— 

9 (A) all land or water that any covered 

10 albatrosses and petrels inhabit, stay in tempo11 rarily, cross, or over-fly, at any time during mi12 gration, breeding, feeding, or aggregating; and 

13 (B) any other areas that the Secretary or 

14 the Secretary of Commerce determines have 

15 been used for any of those purposes. 

16 (14) RANGE STATE.—The term ‘‘range state’’ 

17 means any country— 

18 (A) that exercises jurisdiction over any 

19 part of a range; or 

20 (B) the flagged vessels of which are en21 gaged outside of the jurisdictional limits of the 

22 country in take, or in an activity that has the 

23 potential to take. 

24 (15) REGIONAL FISHERY MANAGEMENT COUN25 CIL.—The term ‘‘Regional Fishery Management 


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1 Council’’ means any Regional Fishery Management 

2 Council established by section 302(a)(1) of the Mag3 nuson-Stevens Act (16 U.S.C. 1852(a)(1)). 

4 (16) SECRETARIAT.—The term ‘‘Secretariat’’ 

5 means the Secretariat established by the Parties to 

6 the Agreement pursuant to paragraph 11 of Article 

7 VIII. 

8 (17) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of the Interior. 

10 (18) TAKE.—The term ‘‘take’’ means to harm11 fully interfere with, harass, pursue, hunt, shoot, 

12 wound, kill, trap, capture, destroy, possess, or col13 lect. 

14 (19) UNITED STATES.—The term ‘‘United 

15 States’’ means— 

16 (A) each of the several States; 

17 (B) the District of Columbia; 

18 (C) the Commonwealth of Puerto Rico; 

19 (D) the United States Virgin Islands; 

20 (E) American Samoa; 

21 (F) Guam; 

22 (G) the Commonwealth of the Northern 

23 Mariana Islands; and 

24 (H) any other commonwealth, territory, or 

25 possession of the United States. 


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1 (20) WATERS SUBJECT TO THE JURISDICTION

2 OF THE UNITED STATES.—The term ‘‘waters subject 

3 to the jurisdiction of the United States’’ means— 

4 (A) the waters of the United States terri5 torial sea under Presidential Proclamation 

6 5928, dated December 27, 1988 (43 U.S.C. 

7 1331 note); 

8 (B) the exclusive economic zone (as defined 

9 in section 107 of title 46, United States Code); 

10 and 

11 (C) the areas referred to as ‘‘eastern spe12 cial areas’’ in Article 3(1) of the Agreement be13 tween the United States of America and the 

14 Union of Soviet Socialist Republics on the Mar15 itime Boundary, signed at Washington, June 1, 

16 1990 (T. Doc. 101–22), including those areas 

17 east of the maritime boundary, as defined in 

18 that Agreement, that lie within 200 nautical 

19 miles of the baselines from which the breadth of 

20 the territorial sea of Russia is measured but be21 yond 200 nautical miles of the baselines from 

22 which the breadth of the territorial sea of the 

23 United States is measured. 


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1 TITLE I—CONSERVATION 

2 MEASURES 

3 SEC. 101. REESTABLISHMENT OF SPECIES. 

4 The Secretary, in consultation with the Secretary of 

5 Commerce, as appropriate, may carry out activities, based 

6 on the best available scientific information, to reestablish 

7 covered albatrosses and petrels within the range. 

8 SEC. 102. MANAGEMENT OF NONNATIVE SPECIES. 

9 (a) IN GENERAL.—The Secretary or the Secretary of 

10 Commerce, as appropriate, in consultation with each other 

11 and with the heads of other relevant Federal agencies, and 

12 consistent with this Act and any other applicable law, may 

13 carry out activities to prevent the introduction of, eradi14 cate, or control invasive and nonnative species that have 

15 or may have an adverse effect on covered albatrosses and 

16 petrels. 

17 (b) INCLUDED ACTIVITIES.—The activities under 

18 subsection (a) may include— 

19 (1) implementation of management plans for 

20 such invasive or nonnative species; 

21 (2) research on and development of practical 

22 and effective techniques to eradicate or control 

23 invasive or nonnative species; 


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1 (3) development of regional assessments on es2 tablished and newly discovered populations of 

3 invasive or nonnative species; 

4 (4) development of decision-support tools to 

5 prevent the introduction or establishment of invasive 

6 or nonnative species; 

7 (5) development of rapid response approaches 

8 and techniques; 

9 (6) documentation of— 

10 (A) any invasive or nonnative species that 

11 coexist with humans; and 

12 (B) delineation of areas in which eradi13 cation or control of those species would be most 

14 effective and cost efficient; 

15 (7) eradication or control of established popu16 lations or individuals of invasive or nonnative spe17 cies; and 

18 (8) outreach and education related to— 

19 (A) the impacts of invasive or nonnative 

20 species on covered albatrosses and petrels; and 

21 (B) the techniques to eradicate or control 

22 those species. 

23 SEC. 103. HABITAT CONSERVATION AND RESTORATION. 

24 (a) AUTHORITY OF SECRETARY.— 


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1 (1) USE OF OTHER AUTHORITIES.—The Sec2 retary may use authority available under any other 

3 laws for the protection of wildlife to conserve, pro4 tect, and restore breeding sites of covered 

5 albatrosses and petrels, including authority under— 

6 (A) the Migratory Bird Conservation Act 

7 (16 U.S.C. 715 et seq.); 

8 (B) the Fish and Wildlife Coordination Act 

9 (16 U.S.C. 661 et seq.); 

10 (C) the Fish and Wildlife Act of 1956 (16 

11 U.S.C. 742a, et seq.); and 

12 (D) any other cooperative or land-acquisi13 tion authority vested in the Secretary. 

14 (2) MANAGEMENT PLANS AND CONSERVATION

15 MEASURES.—The Secretary, in consultation with the 

16 Secretary of Commerce, may develop and implement 

17 management plans and undertake measures for the 

18 conservation and protection of covered albatross and 

19 petrel habitat. 

20 (b) AUTHORITY OF SECRETARY OF COMMERCE.— 

21 The Secretary of Commerce, in consultation with the Sec22 retary, may— 

23 (1) develop and implement management plans 

24 and undertake conservation measures in marine 

25 habitats to ensure the sustainability of living marine 


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1 resources that provide food for such covered 

2 albatrosses and petrels; and 

3 (2) use authority under law to conserve and 

4 protect marine habitat important to the conservation 

5 of covered albatrosses and petrels, including such 

6 authority under— 

7 (A) the National Marine Sanctuaries Act 

8 (16 U.S.C. 1431 et seq.); and 

9 (B) the Magnuson-Stevens Act. 

10 SEC. 104. MANAGEMENT OF HUMAN ACTIVITIES. 

11 (a) POLLUTANTS AND MARINE DEBRIS.— 

12 (1) RESEARCH.—The Secretary and the Sec13 retary of Commerce may undertake scientific re14 search to assess the effects of pollutants and marine 

15 debris on covered albatrosses and petrels. 

16 (2) MARINE DEBRIS.—The Secretary and the 

17 Secretary of Commerce may each develop and imple18 ment conservation measures to minimize the effects 

19 of, or threats posed by, marine debris on covered 

20 albatrosses and petrels. 

21 (b) PREVENTION, MINIMIZATION, OR MITIGATION OF

22 TAKE AND DISTURBANCE.—The Secretary and the Sec23 retary of Commerce— 

24 (1) in consultation with each other and con25 sistent with the Migratory Bird Treaty Act (16 


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1 U.S.C. 703 et seq.) and any other authority, may 

2 develop and implement measures, including by 

3 issuing regulations, to prevent, minimize, or miti4 gate— 

5 (A) the take of covered albatrosses and 

6 petrels— 

7 (i) on lands or in waters subject to 

8 the jurisdiction of the United States; and 

9 (ii) by vessels and nationals of the 

10 United States located outside the jurisdic11 tion of the United States; and 

12 (B) the disturbance of covered albatrosses 

13 and petrels— 

14 (i) on lands or in waters subject to 

15 the jurisdiction of the United States; and 

16 (ii) by vessels and nationals of the 

17 United States located outside the jurisdic18 tion of the United States; and 

19 (2) shall— 

20 (A) notify the Secretary of the department 

21 in which the Coast Guard is operating of any 

22 actions taken under this subsection, to ensure a 

23 coordinated effort to prevent, minimize, or miti24 gate the taking of covered albatrosses and 

25 petrels; and 


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1 (B) if determined necessary, request that 

2 the applicable Secretary take additional action 

3 to prevent or minimize take of covered 

4 albatrosses and petrels. 

5 (c) MEASURES TO ADDRESS BYCATCH IN FISH6 ERIES.— 

7 (1) IN GENERAL.—The Secretary of Commerce, 

8 in consultation with the Regional Fishery Manage9 ment Council with jurisdiction over the relevant fish10 ery under the Magnuson-Stevens Act, may develop 

11 and undertake measures to minimize the bycatch of 

12 covered albatrosses and petrels in the fishery. 

13 (2) MONITORING.—The Secretary of Com14 merce, in consultation with such Regional Fishery 

15 Management Council, may engage in— 

16 (A) regional assessments of covered 

17 albatrosses and petrels interactions with fishing 

18 gear to determine the extent and nature of such 

19 interactions; 

20 (B) collection of covered albatrosses and 

21 petrels bycatch data, including through on22 board-observer programs— 

23 (i) to determine the nature and extent 

24 of covered albatrosses and petrels inter25 actions with United States fisheries; and 


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1 (ii) to evaluate the effectiveness of 

2 any prescribed mitigation measures; and 

3 (C) research on bycatch-mitigation meas4 ures to develop the most practical and effective 

5 deterrent measures that reduce such bycatch. 

6 (3) DISCLOSURE OF INFORMATION.— 

7 (A) IN GENERAL.—In carrying out this 

8 subsection, the Secretary of Commerce may dis9 close, as necessary and appropriate, information 

10 collected under this Act to the Food and Agri11 culture Organization of the United Nations, re12 gional fishery-management organizations, or ar13 rangements made pursuant to an international 

14 fishery-management agreement, if such organi15 zations or arrangements have policies and pro16 cedures to safeguard such information from un17 intended or unauthorized disclosure. 

18 (B) INTERNATIONAL FISHERY AGREEMENT

19 DEFINED.—In this paragraph the term ‘‘inter20 national fishery agreement’’ has the meaning 

21 given the term in section 3 of the Magnuson22 Stevens Act (16 U.S.C. 1802). 


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1 SEC. 105. EDUCATION AND PUBLIC AWARENESS. 

2 The Secretary, and the Secretary of Commerce, in 

3 consultation with relevant Regional Fishery Management 

4 Councils and others, may— 

5 (1) make information on the conservation sta6 tus of covered albatrosses and petrels, the threats 

7 facing covered albatrosses and petrels, and any ac8 tions taken under the Agreement available to— 

9 (A) the scientific, fishing, and seabird con10 servation communities; 

11 (B) the public; 

12 (C) relevant local authorities; 

13 (D) other decisionmakers; 

14 (E) other Parties; and 

15 (F) other countries; 

16 (2) cooperate with other Parties, the Secre17 tariat, and other persons to develop training pro18 grams and general information products and ex19 change resource materials regarding such conserva20 tion; and 

21 (3) provide training programs to ensure that 

22 personnel responsible for the implementation of this 

23 Act have adequate knowledge to implement it effec24 tively. 


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1 TITLE II—PROHIBITED ACTS, 

2 PERMITS, AND EXEMPTIONS 

3 SEC. 201. PROHIBITED ACTS. 

4 (a) IN GENERAL.—Except as authorized by a permit, 

5 authorization, or exemption under section 202 or 203, it 

6 is unlawful— 

7 (1) to take any covered albatross or petrel; 

8 (2) to commit any act with respect to covered 

9 albatrosses or petrels that would be prohibited by 

10 section 2 of the Migratory Bird Treaty Act (16 

11 U.S.C. 703(a)) if covered albatrosses or petrels were 

12 treated as migratory birds for purposes of that sec13 tion; or 

14 (3) to attempt to engage in any act described 

15 in paragraph (1) or (2) of this subsection. 

16 (b) APPLICABILITY.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the prohibitions under this Act apply— 

19 (A) on lands and in waters subject to the 

20 jurisdiction of the United States; and 

21 (B) to vessels and nationals of the United 

22 States on lands or in waters beyond the juris23 diction of the United States. 


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1 (2) LIMITATION.—This section shall not apply 

2 with respect to any covered albatross or petrel law3 fully taken before the effective date of this Act. 

4 (c) OTHER PROHIBITED CONDUCT.—It is unlawful— 

5 (1) to violate this Act or any regulation or per6 mit issued under this Act; 

7 (2) to refuse permission to board, search, or in8 spect any vessel that is subject to the control of that 

9 person to an officer authorized under section 301(b) 

10 to conduct any search, investigation, or inspection to 

11 enforce this Act or any regulation or permit issued 

12 under this Act; 

13 (3) to forcibly assault, resist, oppose, impede, 

14 intimidate, or interfere with any officer authorized 

15 under section 301(b) in the conduct of any search, 

16 investigation, or inspection under this Act; 

17 (4) to resist a lawful arrest or detention for any 

18 act prohibited by this Act or any regulation or per19 mit issued under this Act; or 

20 (5) to interfere with, delay, or prevent, by any 

21 means, the apprehension, arrest, or detention of an22 other person, knowing that the other person has 

23 committed an act prohibited by this Act or any regu24 lation or permit issued under this Act. 


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1 SEC. 202. AUTHORIZATION OF TAKE. 

2 (a) PERMITS AND REGULATORY AUTHORIZATION.— 

3 (1) IN GENERAL.—The Secretary, in consulta4 tion with the Secretary of Commerce, as appro5 priate, may, subject to the limitations of the terms 

6 of the Agreement and other applicable law, authorize 

7 by permit or regulation the deliberate taking of any 

8 covered albatrosses and petrels— 

9 (A) to enhance the propagation, reestab10 lishment, or survival of those covered 

11 albatrosses and petrels; 

12 (B) on a selective basis and to a limited 

13 extent, for scientific, educational, or similar 

14 purposes; 

15 (C) to accommodate the traditional needs 

16 and practices of indigenous people; 

17 (D) for the purposes of assistance or sal18 vage pursuant to the Migratory Bird Treaty 

19 Act (16 U.S.C. 703 et seq.); or 

20 (E) in other exceptional circumstances as 

21 determined by the Secretary. 

22 (2) OTHER TAKE.—The Secretary may author23 ize by permit or regulation the take of covered 

24 albatrosses or petrels not otherwise provided for in 

25 this Act that is incidental to otherwise lawful activi26 ties. 


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1 (3) LIMITATIONS.—A permit or regulatory au2 thorization under this subsection— 

3 (A) shall be limited in area and duration 

4 of application; and 

5 (B) shall not— 

6 (i) result in the elimination of the fa7 vorable conservation status for any covered 

8 albatrosses and petrels; or 

9 (ii) authorize any activity otherwise 

10 prohibited by any other statute or regula11 tion. 

12 (4) ACCESS TO BREEDING SITES.—Any permit 

13 or other regulatory authorization under this sub14 section that authorizes access to breeding sites of 

15 covered albatrosses and petrels, including for pur16 poses of scientific research, shall contain terms and 

17 conditions to minimize unnecessary disturbance to 

18 covered albatrosses and petrels, and to minimize the 

19 impact on their habitats. 

20 (b) EXCEPTIONS.—The taking of covered albatrosses 

21 and petrels is not prohibited by this Act if— 

22 (1) the taking is necessary to avoid imminent 

23 suffering, serious injury, additional injury, or death 

24 to any covered albatrosses and petrels hooked or en25 tangled in fishing gear or debris; 


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1 (2) reasonable care is taken to ensure the safe 

2 and expeditious release of the covered albatrosses 

3 and petrels; and 

4 (3) the taking is reported to the Secretary of 

5 Commerce in a timely manner. 

6 SEC. 203. EXEMPTION. 

7 (a) MILITARY ACTIVITIES.— 

8 (1) IN GENERAL.—It shall not be a violation of 

9 this Act for personnel of the Department of Defense 

10 to take covered albatrosses and petrels incidental to 

11 military activities. 

12 (2) VESSELS AND AIRCRAFT.—This Act shall 

13 not apply to vessels and aircraft entitled to sovereign 

14 immunity under international law. 

15 (3) GUIDANCE TO AVOID OR MINIMIZE TAKE.— 

16 The Secretary, in consultation with the Secretary of 

17 Commerce and the Secretary of Defense, may issue 

18 guidance to minimize, to the extent practicable, the 

19 take of covered albatrosses and petrels that is inci20 dental to military activities. 

21 (b) COAST GUARD ACTIVITIES.— 

22 (1) LAW ENFORCEMENT.—Nothing in this sec23 tion shall be considered to limit the authority of the 

24 Coast Guard to enforce this or any other Federal 

25 law under section 89 of title 14, United States Code. 


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1 (2) EMERGENCY RESPONSE.—It shall not be a 

2 violation of this Act for the Coast Guard to take any 

3 covered albatrosses and petrels incidental to any 

4 emergency response or search and rescue activity. 

5 (c) OTHER ACTIVITIES.—Take of any covered 

6 albatrosses and petrels is not unlawful if the take was 

7 caused by any officer who is authorized by the Secretary, 

8 the Secretary of Commerce, or the head of any Federal 

9 or State agency that has entered into an agreement with 

10 the Secretary or the Secretary of Commerce under section 

11 403, to enforce this Act while performing official duties. 

12 (d) BYCATCH OF COVERED ALBATROSSES AND

13 PETRELS IN FISHERIES.—It shall not be a violation of 

14 this Act for any person to take covered albatrosses and 

15 petrels as bycatch incidental to otherwise lawful fishing 

16 activities, if carried out in accordance with applicable 

17 measures to minimize the bycatch of covered albatrosses 

18 and petrels undertaken pursuant to section 104(c). 

19 TITLE III—PENALTIES AND 

20 ENFORCEMENT 

21 SEC. 301. ENFORCEMENT. 

22 (a) RESPONSIBILITY.— 

23 (1) IN GENERAL.—This Act, and any regula24 tions or permits issued under this Act, shall be en25 forced by the Secretary, the Secretary of Commerce, 


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1 and the Secretary of the department in which the 

2 Coast Guard is operating. 

3 (2) ADMINISTRATION.—Subject to the limita4 tions of section 1385 of title 18, United States Code, 

5 the Secretary, the Secretary of Commerce, and the 

6 Secretary of the department in which the Coast 

7 Guard is operating may, by agreement, on a reim8 bursable basis or otherwise, use the personnel, serv9 ices, equipment (including aircraft and vessels), and 

10 facilities of the Coast Guard, and of any State agen11 cy in the performance of duties under this Act. 

12 (b) POWERS OF AUTHORIZED OFFICERS.— 

13 (1) AUTHORITIES UNDER MAGNUSON-STEVENS

14 ACT.—The Secretary of Commerce, the Secretary of 

15 the department in which the Coast Guard is oper16 ating, and the head of any Federal or State agency 

17 that has entered into an agreement with either such 

18 Secretary under this section may, if the agreement 

19 so provides, authorize officers who are under the ad20 ministrative jurisdiction of such Secretary or agency 

21 to enforce the provisions of this Act or any regula22 tion promulgated under this Act. Any officer so au23 thorized may enforce this Act in the same manner, 

24 by the same means, and with the same jurisdiction, 

25 powers, and duties as though section 311 of the 


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1 Magnuson-Stevens Act were incorporated into and 

2 made a part of this Act. 

3 (2) AUTHORITIES UNDER MIGRATORY BIRD

4 TREATY ACT.—The Secretary of the Interior and the 

5 head of any Federal or State agency that has en6 tered into an agreement with the Secretary under 

7 this section may, if the agreement so provides, au8 thorize officers who are under the administrative ju9 risdiction of such Secretary or agency to enforce the 

10 provisions of this Act or any regulation promulgated 

11 under this Act. Any officer so authorized may en12 force this Act in the same manner, by the same 

13 means, and with the same jurisdiction, powers, and 

14 duties as though section 5 of the Migratory Bird 

15 Treaty Act (16 U.S.C. 706) were incorporated into 

16 and made a part of this Act. 

17 (c) PENALTIES.— 

18 (1) PERSONS AND VESSELS SUBJECT TO THE

19 JURISDICTION OF THE SECRETARY OF COMMERCE.— 

20 Any person or vessel that is subject to the jurisdic21 tion of the Secretary of Commerce and that violates 

22 this Act or any permit or regulation issued under 

23 this Act shall be subject to the penalties, and enti24 tled to the privileges and immunities, provided in the 

25 Magnuson-Stevens Act in the same manner and by 


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1 the same means as though sections 308 through 311 

2 of that Act (16 U.S.C. 1858 through 1861) were in3 corporated into and made a part of this Act. 

4 (2) PERSONS AND VESSELS SUBJECT TO THE

5 JURISDICTION OF THE SECRETARY OF THE INTE6 RIOR.—Any person or vessel that is subject to the 

7 jurisdiction of the Secretary of the Interior and that 

8 violates this Act or permit or regulation issued 

9 under this Act shall be subject to the penalties, and 

10 entitled to the privileges and immunities, provided in 

11 the Migratory Bird Treaty Act (16 U.S.C. 703 et 

12 seq.) in the same manner and by the same means 

13 as though section 6 of that Act (16 U.S.C. 707) 

14 were incorporated into and made a part of this Act. 

15 TITLE IV—AGREEMENT 

16 AUTHORITY 

17 SEC. 401. AGREEMENT AUTHORITY. 

18 (a) IN GENERAL.—The Secretary and the Secretary 

19 of Commerce shall each designate an office or program 

20 of the United States Fish and Wildlife Service and of the 

21 National Marine Fisheries Service, respectively, that shall 

22 jointly— 

23 (1) function as the United States Authority in 

24 accordance with Article VII of the Agreement, to un25 dertake, monitor, and control all activities carried 


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1 out in the implementation and enforcement of the 

2 Agreement within the respective jurisdictions of the 

3 United States Fish and Wildlife Service and the Na4 tional Marine Fisheries Service; and 

5 (2) designate a United States Representative in 

6 accordance with Article IX of the Agreement and 

7 designate a contact point for the United States in 

8 accordance with Article VII of the Agreement. 

9 (b) ROLE OF UNITED STATES AUTHORITY.—The 

10 Authority designated under subsection (a) shall, for the 

11 purposes of the Agreement— 

12 (1) monitor all activities that may have an im13 pact on the conservation status of those covered 

14 albatrosses and petrels for which the United States 

15 is a range state; and 

16 (2) designate a Contact Point as required by 

17 Article VII of the Agreement for communication 

18 with the Secretariat. 

19 SEC. 402. REPORTING. 

20 (a) REPORT TO CONGRESS.—The Secretary, in con21 sultation with the Secretary of Commerce, the Secretary 

22 of State, and any other Federal agency, as appropriate, 

23 shall not later than 1 year after the effective date of this 

24 Act, and every 4 years thereafter, submit a report to the 

25 Congress that includes— 


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1 (1) the list of all covered albatrosses and petrels 

2 that are subject to this Act; 

3 (2) the status of all covered albatrosses and 

4 petrels that occur in the United States and within 

5 the waters subject to the jurisdiction of the United 

6 States; and 

7 (3) actions taken and those conservation meas8 ures believed necessary to achieve and maintain a fa9 vorable conservation status for covered albatrosses 

10 and petrels. 

11 (b) REPORT TO THE ADVISORY COMMITTEE.—The 

12 Secretary and the Secretary of Commerce may jointly pro13 vide to the Advisory Committee, through the Secretariat, 

14 a report on the implementation of the Agreement by the 

15 United States. 

16 SEC. 403. GENERAL COORDINATION. 

17 In carrying out this Act, the Secretary and the Sec18 retary of Commerce— 

19 (1) shall work together and may request that 

20 other Federal agencies take actions, to achieve or 

21 maintain a favorable conservation status for covered 

22 albatrosses and petrels; and 

23 (2) shall consult with the heads of other Fed24 eral agencies when taking actions on lands or waters 


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1 owned by the United States and under the jurisdic2 tion of those Federal agencies. 

3 TITLE V—INTERNATIONAL 

4 COOPERATION AND ASSISTANCE 

5 SEC. 501. COOPERATION AMONG NATIONS. 

6 (a) IN GENERAL.—The Secretary, the Secretary of 

7 Commerce, and the Secretary of State may cooperate with 

8 other countries to achieve and maintain a favorable con9 servation status of covered albatrosses and petrels, includ10 ing by— 

11 (1) the development of systems for collecting 

12 and analyzing data and exchanging information; 

13 (2) the exchange of information regarding adop14 tion and enforcement of legislative and other man15 agement approaches to conservation of covered 

16 albatrosses and petrels; 

17 (3) the implementation of education and aware18 ness programs for users of areas in which covered 

19 albatrosses and petrels may be encountered; 

20 (4) the design and implementation of com21 prehensive programs for public information in rela22 tion to the conservation of covered albatrosses and 

23 petrels; 

24 (5) the development and implementation of 

25 training programs on conservation techniques and 


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1 measures to mitigate threats affecting covered 

2 albatrosses and petrels; 

3 (6) the exchange of expertise, techniques, and 

4 knowledge; and 

5 (7) entering into cooperative arrangements, in6 cluding, as appropriate, international agreements. 

7 (b) ASSISTANCE.—The Secretary and the Secretary 

8 of Commerce, in cooperation with the Secretary of State, 

9 may provide training, technical, and financial support to 

10 the Secretariat, other international and intergovernmental 

11 organizations, and other countries, to assist in imple12 menting the objectives of the Agreement. 

13 TITLE VI—BYCATCH AND 

14 EQUIVALENT CONSERVATION 

15 SEC. 601. PROTECTED LIVING MARINE RESOURCES. 

16 Section 610(e) of the High Seas Driftnet Fishing 

17 Moratorium Protection Act (16 U.S.C. 1826k(e)) is 

18 amended by striking paragraph (1) and inserting the fol19 lowing: 

20 ‘‘(1) except as provided in paragraph (2), 

21 means nontarget fish, sea turtles, seabirds, or ma22 rine mammals that are protected under United 

23 States law or international agreement, including— 

24 ‘‘(A) the Marine Mammal Protection Act 

25 of 1972 (16 U.S.C. 1361 et seq.); 


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1 ‘‘(B) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); 

3 ‘‘(C) the Shark Finning Prohibition Act 

4 (16 U.S.C. 1822 note; Public Law 106–557), 

5 including amendments made by that Act; 

6 ‘‘(D) the Convention on International 

7 Trade in Endangered Species of Wild Fauna 

8 and Flora and Fauna, done at Washington 

9 March 3, 1973 (27 UST 1087, TIAS 8249); 

10 and 

11 ‘‘(E) the Albatross and Petrel Conserva12 tion Act; but’’. 

13 TITLE VII—MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 701. REGULATORY AUTHORITY. 

16 (a) REGULATIONS.— 

17 (1) IN GENERAL.—Except as otherwise pro18 vided in this section— 

19 (A) the Secretary of Commerce may de20 velop and issue regulations as necessary to im21 plement the Agreement and this Act with re22 spect to sections 103(b), 104(c), 203(d), and 

23 601 of this Act; 

24 (B) the Secretary and the Secretary of 

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1 tions as necessary to implement the Agreement 

2 and this Act with respect to sections 102, 105, 

3 401, and 403; and 

4 (C) the Secretary and the Secretary of 

5 Commerce may each issue regulations as nec6 essary to implement the Agreement and this 

7 Act with respect to sections 104(a)(2), 104(b), 

8 and 201. 

9 (b) CONSULTATION.—In issuing regulations under 

10 this Act, the Secretary and the Secretary of Commerce 

11 shall consult each other. 

12 (c) ANTARCTICA.—In issuing regulations under this 

13 Act, the Secretary and the Secretary of Commerce shall 

14 consult with the Director of the National Science Founda15 tion (or the designee of such Director) on implementation 

16 related to Antarctica. 

17 SEC. 702. ADMINISTRATION. 

18 (a) IN GENERAL.—Except as specified in section 

19 601, nothing in this Act repeals, supersedes, overrides, or 

20 modifies any provision of Federal law. 

21 (b) EFFECT ON LANDS AND WATERS.— 

22 (1) CONCURRENCE REQUIRED.—Nothing in this 

23 Act authorizes the Secretary or the Secretary of 

24 Commerce to carry out any activities under this Act 

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1 ment jurisdiction of the other, unless the Secretary 

2 and the Secretary of Commerce agree. 

3 (2) CONSULTATION.—In those areas in which 

4 neither the Secretary nor the Secretary of Commerce 

5 has explicit area-based management jurisdiction, the 

6 Secretary and the Secretary of Commerce shall carry 

7 out this Act in consultation with each other. 

8 SEC. 703. EFFECTIVE DATE. 

9 This Act takes effect on the date that is 180 days 

10 after the date of enactment of this Act. 

Æ 


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