IB 
Union Calendar No. 198 
116TH CONGRESS 
1ST SESSION H. R. 1305 
[Report No. 116–249, Part I] 
To implement the Agreement on the Conservation of Albatrosses and Petrels, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2019 
Mr. LOWENTHAL (for himself, Mr. FITZPATRICK, Mr. TED LIEU of California, 
Mr. BLUMENAUER, Mr. KILMER, Mr. GARAMENDI, Ms. NORTON, Mr. 
DEFAZIO, Mr. MCNERNEY, Ms. BROWNLEY of California, Mr. POCAN, 
Mr. SCHIFF, Mr. CARTWRIGHT, and Mr. HUFFMAN) introduced the fol-
lowing 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 con-
cerned 
OCTOBER 22, 2019 
Additional sponsors: Ms. ESHOO, Mr. DESAULNIER, Mr. VAN DREW, Mr. 
CASE, Mr. COHEN, Ms. LOFGREN, Mrs. NAPOLITANO, Ms. MUCARSEL- 
POWELL, Mr. HARDER of California, Ms. WILD, Ms. SCHAKOWSKY, Mr. 
SUOZZI, Ms. DELBENE, Ms. ADAMS, Mr. DAVID SCOTT of Georgia, and 
Mr. ROONEY of Florida 
OCTOBER 22, 2019 
Reported from the Committee on Natural Resources 
OCTOBER 22, 2019 
Committee on Foreign Affairs discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
A BILL 
To implement the Agreement on the Conservation of 
Albatrosses and Petrels, and for other purposes. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Albatross and Petrel Conservation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6211
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Advisory Committee es-
tablished by Article IX of the Agreement. 
(2) AGREEMENT.—Each of the terms ‘‘Agree-
ment on the Conservation of Albatrosses and 
Petrels’’ and ‘‘Agreement’’ means the Agreement on 
the Conservation of Albatrosses and Petrels, done at 
Cape Town, South Africa, on February 2, 2001. 
(3) COVERED ALBATROSSES AND PETRELS.— 
The terms ‘‘covered albatrosses and petrels’’ and 
‘‘covered albatross or petrel’’ mean any species, sub-
species, population, or individual within the taxo-
nomic order Procellariiformes that is listed under 
Annex I of the Agreement, whether dead or alive, in-
cluding any part, egg, derivative nest, or product of 
such a species, subspecies, population, or individual. 
(4) 
ANTARCTICA.—The 
term 
‘‘Antarctica’’ 
means the area south of 60 degrees south latitude. 
(5) BREEDING SITE.—The term ‘‘breeding site’’ 
means— 
(A) a location in the wild at which any cov-
ered albatross or petrel eggs, tended by the par-
ent birds, have successfully hatched at any time 
in the previous 5 years; or 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(B) a location where reestablishment of 
breeding covered albatrosses and petrels is un-
derway. 
(6) CONSERVATION MEASURE.—The term ‘‘con-
servation measure’’ means any action taken for the 
purpose of achieving or maintaining the favorable 
conservation status of covered albatrosses and 
petrels. 
(7) DISTURB AND DISTURBANCE.—Each of the 
terms ‘‘disturb’’ and ‘‘disturbance’’ means any act 
that interferes with the natural behavioral patterns 
of covered albatrosses and petrels, including migra-
tion, brooding, nesting, breeding, feeding, or shel-
tering, to a point at which such behavioral patterns 
are abandoned or significantly altered. 
(8) FAVORABLE CONSERVATION STATUS.—The 
term ‘‘favorable conservation status’’ has the mean-
ing given the term in Article I of the Agreement. 
(9) HABITAT.—The term ‘‘habitat’’ means any 
area within the range, that contains suitable living 
conditions for covered albatrosses and petrels, in-
cluding appropriate nesting and foraging areas. 
(10) MAGNUSON-STEVENS
ACT.—The term 
‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste-
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(11) PARTY.—The term ‘‘Party’’ means any 
country (including the United States) or regional 
economic integration organization that has ratified 
or acceded to the Agreement. 
(12) PERSON.—The term ‘‘person’’ means— 
(A) any individual (whether or not a cit-
izen or national of the United States); 
(B) any corporation, partnership, associa-
tion, or other entity (whether or not existing 
under the laws of any State); and 
(C) any Federal, State, local, or foreign 
government or any entity of such a government. 
(13) RANGE.—The term ‘‘range’’ means— 
(A) all land or water that any covered 
albatrosses and petrels inhabit, stay in tempo-
rarily, cross, or over-fly, at any time during mi-
gration, breeding, feeding, or aggregating; and 
(B) any other areas that the Secretary or 
the Secretary of Commerce determines have 
been used for any of those purposes. 
(14) RANGE STATE.—The term ‘‘range state’’ 
means any country— 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(A) that exercises jurisdiction over any 
part of a range; or 
(B) the flagged vessels of which are en-
gaged outside of the jurisdictional limits of the 
country in take, or in an activity that has the 
potential to take. 
(15) REGIONAL FISHERY MANAGEMENT COUN-
CIL.—The term ‘‘Regional Fishery Management 
Council’’ means any Regional Fishery Management 
Council established by section 302(a)(1) of the Mag-
nuson-Stevens Act (16 U.S.C. 1852(a)(1)). 
(16) SECRETARIAT.—The term ‘‘Secretariat’’ 
means the Secretariat established by the Parties to 
the Agreement pursuant to paragraph 11 of Article 
VIII. 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(18) TAKE.—The term ‘‘take’’ means to harm-
fully interfere with, harass, pursue, hunt, shoot, 
wound, kill, trap, capture, destroy, possess, or col-
lect. 
(19) UNITED
STATES.—The term ‘‘United 
States’’ means— 
(A) each of the several States; 
(B) the District of Columbia; 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(C) the Commonwealth of Puerto Rico; 
(D) the United States Virgin Islands; 
(E) American Samoa; 
(F) Guam; 
(G) the Commonwealth of the Northern 
Mariana Islands; and 
(H) any other commonwealth, territory, or 
possession of the United States. 
(20) WATERS SUBJECT TO THE JURISDICTION 
OF THE UNITED STATES.—The term ‘‘waters subject 
to the jurisdiction of the United States’’ means— 
(A) the waters of the United States terri-
torial sea under Presidential Proclamation 
5928, dated December 27, 1988 (43 U.S.C. 
1331 note); 
(B) the exclusive economic zone (as defined 
in section 107 of title 46, United States Code); 
and 
(C) the areas referred to as ‘‘eastern spe-
cial areas’’ in Article 3(1) of the Agreement be-
tween the United States of America and the 
Union of Soviet Socialist Republics on the Mar-
itime Boundary, signed at Washington, June 1, 
1990 (T. Doc. 101–22), including those areas 
east of the maritime boundary, as defined in 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
that Agreement, that lie within 200 nautical 
miles of the baselines from which the breadth of 
the territorial sea of Russia is measured but be-
yond 200 nautical miles of the baselines from 
which the breadth of the territorial sea of the 
United States is measured. 
TITLE I—CONSERVATION 
MEASURES 
SEC. 101. REESTABLISHMENT OF SPECIES. 
The Secretary, in consultation with the Secretary of 
Commerce, as appropriate, may carry out activities, based 
on the best available scientific information, to reestablish 
covered albatrosses and petrels within the range. 
SEC. 102. MANAGEMENT OF NONNATIVE SPECIES. 
(a) IN GENERAL.—The Secretary or the Secretary of 
Commerce, as appropriate, in consultation with each other 
and with the heads of other relevant Federal agencies, and 
consistent with this Act and any other applicable law, may 
carry out activities to prevent the introduction of, eradi-
cate, or control invasive and nonnative species that have 
or may have an adverse effect on covered albatrosses and 
petrels. 
(b) INCLUDED ACTIVITIES.—The activities under 
subsection (a) may include— 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(1) implementation of management plans for 
such invasive or nonnative species; 
(2) research on and development of practical 
and effective techniques to eradicate or control 
invasive or nonnative species; 
(3) development of regional assessments on es-
tablished and newly discovered populations of 
invasive or nonnative species; 
(4) development of decision-support tools to 
prevent the introduction or establishment of invasive 
or nonnative species; 
(5) development of rapid response approaches 
and techniques; 
(6) documentation of— 
(A) any invasive or nonnative species that 
coexist with humans; and 
(B) delineation of areas in which eradi-
cation or control of those species would be most 
effective and cost efficient; 
(7) eradication or control of established popu-
lations or individuals of invasive or nonnative spe-
cies; and 
(8) outreach and education related to— 
(A) the impacts of invasive or nonnative 
species on covered albatrosses and petrels; and 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(B) the techniques to eradicate or control 
those species. 
SEC. 103. HABITAT CONSERVATION AND RESTORATION. 
(a) AUTHORITY OF SECRETARY.— 
(1) USE OF OTHER AUTHORITIES.—The Sec-
retary may use authority available under any other 
laws for the protection of wildlife to conserve, pro-
tect, 
and 
restore 
breeding 
sites 
of 
covered 
albatrosses and petrels, including authority under— 
(A) the Migratory Bird Conservation Act 
(16 U.S.C. 715 et seq.); 
(B) the Fish and Wildlife Coordination Act 
(16 U.S.C. 661 et seq.); 
(C) the Fish and Wildlife Act of 1956 (16 
U.S.C. 742a, et seq.); and 
(D) any other cooperative or land-acquisi-
tion authority vested in the Secretary. 
(2) MANAGEMENT PLANS AND CONSERVATION 
MEASURES.—The Secretary, in consultation with the 
Secretary of Commerce, may develop and implement 
management plans and undertake measures for the 
conservation and protection of covered albatross and 
petrel habitat. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(b) AUTHORITY OF SECRETARY OF COMMERCE.— 
The Secretary of Commerce, in consultation with the Sec-
retary, may— 
(1) develop and implement management plans 
and undertake conservation measures in marine 
habitats to ensure the sustainability of living marine 
resources that provide food for such covered 
albatrosses and petrels; and 
(2) use authority under law to conserve and 
protect marine habitat important to the conservation 
of covered albatrosses and petrels, including such 
authority under— 
(A) the National Marine Sanctuaries Act 
(16 U.S.C. 1431 et seq.); and 
(B) the Magnuson-Stevens Act. 
SEC. 104. MANAGEMENT OF HUMAN ACTIVITIES. 
(a) POLLUTANTS AND MARINE DEBRIS.— 
(1) RESEARCH.—The Secretary and the Sec-
retary of Commerce may undertake scientific re-
search to assess the effects of pollutants and marine 
debris on covered albatrosses and petrels. 
(2) MARINE DEBRIS.—The Secretary and the 
Secretary of Commerce may each develop and imple-
ment conservation measures to minimize the effects 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
of, or threats posed by, marine debris on covered 
albatrosses and petrels. 
(b) PREVENTION, MINIMIZATION, OR MITIGATION OF 
TAKE AND DISTURBANCE.—The Secretary and the Sec-
retary of Commerce— 
(1) in consultation with each other and con-
sistent with the Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.) and any other authority, may 
develop and implement measures, including by 
issuing regulations, to prevent, minimize, or miti-
gate— 
(A) the take of covered albatrosses and 
petrels— 
(i) on lands or in waters subject to 
the jurisdiction of the United States; and 
(ii) by vessels and nationals of the 
United States located outside the jurisdic-
tion of the United States; and 
(B) the disturbance of covered albatrosses 
and petrels— 
(i) on lands or in waters subject to 
the jurisdiction of the United States; and 
(ii) by vessels and nationals of the 
United States located outside the jurisdic-
tion of the United States; and 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(2) shall— 
(A) notify the Secretary of the department 
in which the Coast Guard is operating of any 
actions taken under this subsection, to ensure a 
coordinated effort to prevent, minimize, or miti-
gate the taking of covered albatrosses and 
petrels; and 
(B) if determined necessary, request that 
the applicable Secretary take additional action 
to prevent or minimize take of covered 
albatrosses and petrels. 
(c) MEASURES TO ADDRESS BYCATCH
IN FISH-
ERIES.— 
(1) IN GENERAL.—The Secretary of Commerce, 
in consultation with the Regional Fishery Manage-
ment Council with jurisdiction over the relevant fish-
ery under the Magnuson-Stevens Act, may develop 
and undertake measures to minimize the bycatch of 
covered albatrosses and petrels in the fishery. 
(2) MONITORING.—The Secretary of Com-
merce, in consultation with such Regional Fishery 
Management Council, may engage in— 
(A) 
regional 
assessments 
of 
covered 
albatrosses and petrels interactions with fishing 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
gear to determine the extent and nature of such 
interactions; 
(B) collection of covered albatrosses and 
petrels bycatch data, including through on-
board-observer programs— 
(i) to determine the nature and extent 
of covered albatrosses and petrels inter-
actions with United States fisheries; and 
(ii) to evaluate the effectiveness of 
any prescribed mitigation measures; and 
(C) research on bycatch-mitigation meas-
ures to develop the most practical and effective 
deterrent measures that reduce such bycatch. 
(3) DISCLOSURE OF INFORMATION.— 
(A) IN
GENERAL.—In carrying out this 
subsection, the Secretary of Commerce may dis-
close, as necessary and appropriate, information 
collected under this Act to the Food and Agri-
culture Organization of the United Nations, re-
gional fishery-management organizations, or ar-
rangements made pursuant to an international 
fishery-management agreement, if such organi-
zations or arrangements have policies and pro-
cedures to safeguard such information from un-
intended or unauthorized disclosure. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(B) INTERNATIONAL FISHERY AGREEMENT 
DEFINED.—In this paragraph the term ‘‘inter-
national fishery agreement’’ has the meaning 
given the term in section 3 of the Magnuson- 
Stevens Act (16 U.S.C. 1802). 
SEC. 105. EDUCATION AND PUBLIC AWARENESS. 
The Secretary, and the Secretary of Commerce, in 
consultation with relevant Regional Fishery Management 
Councils and others, may— 
(1) make information on the conservation sta-
tus of covered albatrosses and petrels, the threats 
facing covered albatrosses and petrels, and any ac-
tions taken under the Agreement available to— 
(A) the scientific, fishing, and seabird con-
servation communities; 
(B) the public; 
(C) relevant local authorities; 
(D) other decisionmakers; 
(E) other Parties; and 
(F) other countries; 
(2) cooperate with other Parties, the Secre-
tariat, and other persons to develop training pro-
grams and general information products and ex-
change resource materials regarding such conserva-
tion; and 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(3) provide training programs to ensure that 
personnel responsible for the implementation of this 
Act have adequate knowledge to implement it effec-
tively. 
TITLE II—PROHIBITED ACTS, 
PERMITS, AND EXEMPTIONS 
SEC. 201. PROHIBITED ACTS. 
(a) IN GENERAL.—Except as authorized by a permit, 
authorization, or exemption under section 202 or 203, it 
is unlawful— 
(1) to take any covered albatross or petrel; 
(2) to commit any act with respect to covered 
albatrosses or petrels that would be prohibited by 
section 2 of the Migratory Bird Treaty Act (16 
U.S.C. 703(a)) if covered albatrosses or petrels were 
treated as migratory birds for purposes of that sec-
tion; or 
(3) to attempt to engage in any act described 
in paragraph (1) or (2) of this subsection. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the prohibitions under this Act apply— 
(A) on lands and in waters subject to the 
jurisdiction of the United States; and 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
committed an act prohibited by this Act or any regu-
lation or permit issued under this Act. 
SEC. 202. AUTHORIZATION OF TAKE. 
(a) PERMITS AND REGULATORY AUTHORIZATION.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Commerce, as appro-
priate, may, subject to the limitations of the terms 
of the Agreement and other applicable law, authorize 
by permit or regulation the deliberate taking of any 
covered albatrosses and petrels— 
(A) to enhance the propagation, reestab-
lishment, 
or 
survival 
of 
those 
covered 
albatrosses and petrels; 
(B) on a selective basis and to a limited 
extent, for scientific, educational, or similar 
purposes; 
(C) to accommodate the traditional needs 
and practices of indigenous people; 
(D) for the purposes of assistance or sal-
vage pursuant to the Migratory Bird Treaty 
Act (16 U.S.C. 703 et seq.); or 
(E) in other exceptional circumstances as 
determined by the Secretary. 
(2) OTHER TAKE.—The Secretary may author-
ize by permit or regulation the take of covered 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
albatrosses or petrels not otherwise provided for in 
this Act that is incidental to otherwise lawful activi-
ties. 
(3) LIMITATIONS.—A permit or regulatory au-
thorization under this subsection— 
(A) shall be limited in area and duration 
of application; and 
(B) shall not— 
(i) result in the elimination of the fa-
vorable conservation status for any covered 
albatrosses and petrels; or 
(ii) authorize any activity otherwise 
prohibited by any other statute or regula-
tion. 
(4) ACCESS TO BREEDING SITES.—Any permit 
or other regulatory authorization under this sub-
section that authorizes access to breeding sites of 
covered albatrosses and petrels, including for pur-
poses of scientific research, shall contain terms and 
conditions to minimize unnecessary disturbance to 
covered albatrosses and petrels, and to minimize the 
impact on their habitats. 
(b) EXCEPTIONS.—The taking of covered albatrosses 
and petrels is not prohibited by this Act if— 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(1) the taking is necessary to avoid imminent 
suffering, serious injury, additional injury, or death 
to any covered albatrosses and petrels hooked or en-
tangled in fishing gear or debris; 
(2) reasonable care is taken to ensure the safe 
and expeditious release of the covered albatrosses 
and petrels; and 
(3) the taking is reported to the Secretary of 
Commerce in a timely manner. 
SEC. 203. EXEMPTION. 
(a) MILITARY ACTIVITIES.— 
(1) IN GENERAL.—It shall not be a violation of 
this Act for personnel of the Department of Defense 
to take covered albatrosses and petrels incidental to 
military activities. 
(2) VESSELS AND AIRCRAFT.—This Act shall 
not apply to vessels and aircraft entitled to sovereign 
immunity under international law. 
(3) GUIDANCE TO AVOID OR MINIMIZE TAKE.— 
The Secretary, in consultation with the Secretary of 
Commerce and the Secretary of Defense, may issue 
guidance to minimize, to the extent practicable, the 
take of covered albatrosses and petrels that is inci-
dental to military activities. 
(b) COAST GUARD ACTIVITIES.— 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(1) LAW ENFORCEMENT.—Nothing in this sec-
tion shall be considered to limit the authority of the 
Coast Guard to enforce this or any other Federal 
law under section 89 of title 14, United States Code. 
(2) EMERGENCY RESPONSE.—It shall not be a 
violation of this Act for the Coast Guard to take any 
covered albatrosses and petrels incidental to any 
emergency response or search and rescue activity. 
(c) OTHER
ACTIVITIES.—Take of any covered 
albatrosses and petrels is not unlawful if the take was 
caused by any officer who is authorized by the Secretary, 
the Secretary of Commerce, or the head of any Federal 
or State agency that has entered into an agreement with 
the Secretary or the Secretary of Commerce under section 
403, to enforce this Act while performing official duties. 
(d) BYCATCH
OF
COVERED
ALBATROSSES
AND 
PETRELS IN FISHERIES.—It shall not be a violation of 
this Act for any person to take covered albatrosses and 
petrels as bycatch incidental to otherwise lawful fishing 
activities, if carried out in accordance with applicable 
measures to minimize the bycatch of covered albatrosses 
and petrels undertaken pursuant to section 104(c). 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
TITLE III—PENALTIES AND 
ENFORCEMENT 
SEC. 301. ENFORCEMENT. 
(a) RESPONSIBILITY.— 
(1) IN GENERAL.—This Act, and any regula-
tions or permits issued under this Act, shall be en-
forced by the Secretary, the Secretary of Commerce, 
and the Secretary of the department in which the 
Coast Guard is operating. 
(2) ADMINISTRATION.—Subject to the limita-
tions of section 1385 of title 18, United States Code, 
the Secretary, the Secretary of Commerce, and the 
Secretary of the department in which the Coast 
Guard is operating may, by agreement, on a reim-
bursable basis or otherwise, use the personnel, serv-
ices, equipment (including aircraft and vessels), and 
facilities of the Coast Guard, and of any State agen-
cy in the performance of duties under this Act. 
(b) POWERS OF AUTHORIZED OFFICERS.— 
(1) AUTHORITIES UNDER MAGNUSON-STEVENS 
ACT.—The Secretary of Commerce, the Secretary of 
the department in which the Coast Guard is oper-
ating, and the head of any Federal or State agency 
that has entered into an agreement with either such 
Secretary under this section may, if the agreement 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
so provides, authorize officers who are under the ad-
ministrative jurisdiction of such Secretary or agency 
to enforce the provisions of this Act or any regula-
tion promulgated under this Act. Any officer so au-
thorized may enforce this Act in the same manner, 
by the same means, and with the same jurisdiction, 
powers, and duties as though section 311 of the 
Magnuson-Stevens Act (16 U.S.C. 1861) were incor-
porated into and made a part of this Act. 
(2) AUTHORITIES
UNDER
MIGRATORY
BIRD 
TREATY ACT.—The Secretary of the Interior and the 
head of any Federal or State agency that has en-
tered into an agreement with the Secretary under 
this section may, if the agreement so provides, au-
thorize officers who are under the administrative ju-
risdiction of such Secretary or agency to enforce the 
provisions of this Act or any regulation promulgated 
under this Act. Any officer so authorized may en-
force this Act in the same manner, by the same 
means, and with the same jurisdiction, powers, and 
duties as though section 5 of the Migratory Bird 
Treaty Act (16 U.S.C. 706) were incorporated into 
and made a part of this Act. 
(c) PENALTIES.— 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
albatrosses and petrels for which the United States 
is a range state; and 
(2) designate a Contact Point as required by 
Article VII of the Agreement for communication 
with the Secretariat. 
SEC. 402. REPORTING. 
(a) REPORT TO CONGRESS.—The Secretary, in con-
sultation with the Secretary of Commerce, the Secretary 
of State, and any other Federal agency, as appropriate, 
shall not later than 1 year after the effective date of this 
Act, and every 4 years thereafter, submit a report to the 
Congress that includes— 
(1) the list of all covered albatrosses and petrels 
that are subject to this Act; 
(2) the status of all covered albatrosses and 
petrels that occur in the United States and within 
the waters subject to the jurisdiction of the United 
States; and 
(3) actions taken and those conservation meas-
ures believed necessary to achieve and maintain a fa-
vorable conservation status for covered albatrosses 
and petrels. 
(b) REPORT TO THE ADVISORY COMMITTEE.—The 
Secretary and the Secretary of Commerce may jointly pro-
vide to the Advisory Committee, through the Secretariat, 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
a report on the implementation of the Agreement by the 
United States. 
SEC. 403. GENERAL COORDINATION. 
In carrying out this Act, the Secretary and the Sec-
retary of Commerce— 
(1) shall work together and may request that 
other Federal agencies take actions, to achieve or 
maintain a favorable conservation status for covered 
albatrosses and petrels; and 
(2) shall consult with the heads of other Fed-
eral agencies when taking actions on lands or waters 
owned by the United States and under the jurisdic-
tion of those Federal agencies. 
TITLE V—INTERNATIONAL 
COOPERATION AND ASSISTANCE 
SEC. 501. COOPERATION AMONG NATIONS. 
(a) IN GENERAL.—The Secretary, the Secretary of 
Commerce, and the Secretary of State may cooperate with 
other countries to achieve and maintain a favorable con-
servation status of covered albatrosses and petrels, includ-
ing by— 
(1) the development of systems for collecting 
and analyzing data and exchanging information; 
(2) the exchange of information regarding adop-
tion and enforcement of legislative and other man-
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
agement approaches to conservation of covered 
albatrosses and petrels; 
(3) the implementation of education and aware-
ness programs for users of areas in which covered 
albatrosses and petrels may be encountered; 
(4) the design and implementation of com-
prehensive programs for public information in rela-
tion to the conservation of covered albatrosses and 
petrels; 
(5) the development and implementation of 
training programs on conservation techniques and 
measures to mitigate threats affecting covered 
albatrosses and petrels; 
(6) the exchange of expertise, techniques, and 
knowledge; and 
(7) entering into cooperative arrangements, in-
cluding, as appropriate, international agreements. 
(b) ASSISTANCE.—The Secretary and the Secretary 
of Commerce, in cooperation with the Secretary of State, 
may provide training, technical, and financial support to 
the Secretariat, other international and intergovernmental 
organizations, and other countries, to assist in imple-
menting the objectives of the Agreement. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
TITLE VI—BYCATCH AND 
EQUIVALENT CONSERVATION 
SEC. 601. PROTECTED LIVING MARINE RESOURCES. 
Section 610(e) of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826k(e)) is 
amended by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) except as provided in paragraph (2), 
means nontarget fish, sea turtles, seabirds, or ma-
rine mammals that are protected under United 
States law or international agreement, including— 
‘‘(A) the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1361 et seq.); 
‘‘(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
‘‘(C) the Shark Finning Prohibition Act 
(16 U.S.C. 1822 note; Public Law 106–557), 
including amendments made by that Act; 
‘‘(D) the Convention on International 
Trade in Endangered Species of Wild Fauna 
and Flora, done at Washington March 3, 1973 
(27 UST 1087, TIAS 8249); and 
‘‘(E) the Albatross and Petrel Conserva-
tion Act; but’’. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 701. REGULATORY AUTHORITY. 
(a) REGULATIONS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section— 
(A) the Secretary of Commerce may de-
velop and issue regulations as necessary to im-
plement the Agreement and this Act with re-
spect to sections 103(b), 104(c), 203(d), and 
601 of this Act; 
(B) the Secretary and the Secretary of 
Commerce may jointly develop and issue regula-
tions as necessary to implement the Agreement 
and this Act with respect to sections 102, 105, 
401, and 403; and 
(C) the Secretary and the Secretary of 
Commerce may each issue regulations as nec-
essary to implement the Agreement and this 
Act with respect to sections 104(a)(2), 104(b), 
and 201. 
(b) CONSULTATION.—In issuing regulations under 
this Act, the Secretary and the Secretary of Commerce 
shall consult each other. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
(c) ANTARCTICA.—In issuing regulations under this 
Act, the Secretary and the Secretary of Commerce shall 
consult with the Director of the National Science Founda-
tion (or the designee of such Director) on implementation 
related to Antarctica. 
SEC. 702. ADMINISTRATION. 
(a) IN GENERAL.—Except as specified in section 
601, nothing in this Act repeals, supersedes, overrides, or 
modifies any provision of Federal law. 
(b) EFFECT ON LANDS AND WATERS.— 
(1) CONCURRENCE REQUIRED.—Nothing in this 
Act authorizes the Secretary or the Secretary of 
Commerce to carry out any activities under this Act 
on land or in waters under the area-based manage-
ment jurisdiction of the other, unless the Secretary 
and the Secretary of Commerce agree. 
(2) CONSULTATION.—In those areas in which 
neither the Secretary nor the Secretary of Commerce 
has explicit area-based management jurisdiction, the 
Secretary and the Secretary of Commerce shall carry 
out this Act in consultation with each other. 
SEC. 703. EFFECTIVE DATE. 
This Act takes effect on the date that is 180 days 
after the date of the enactment of this Act. 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS
Union Calendar No. 198 
116TH CONGRESS 
1ST SESSION 
H. R. 1305 
[Report No. 116–249, Part I] 
A BILL 
To implement the Agreement on the Conservation 
of Albatrosses and Petrels, and for other purposes. 
OCTOBER 22, 2019 
Reported from the Committee on Natural Resources 
OCTOBER 22, 2019 
Committee on Foreign Affairs discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Sep 11 2014 
23:56 Oct 22, 2019
Jkt 099200
PO 00000
Frm 00034
Fmt 6651
Sfmt 6651
E:\BILLS\H1305.RH
H1305
kjohnson on DSK79L0C42 with BILLS