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; 
(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. 
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(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 
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. 
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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— 
(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; 
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(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 
(B) the techniques to eradicate or control 
those species. 
SEC. 103. HABITAT CONSERVATION AND RESTORATION. 
(a) AUTHORITY OF SECRETARY.— 
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(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. 
(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 
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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 
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 
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(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. 
(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). 
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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 
(3) provide training programs to ensure that 
personnel responsible for the implementation of this 
Act have adequate knowledge to implement it effec-
tively. 
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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 
(B) to vessels and nationals of the United 
States on lands or in waters beyond the juris-
diction of the United States. 
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(2) LIMITATION.—This section shall not apply 
with respect to any covered albatross or petrel law-
fully taken before the effective date of this Act. 
(c) OTHER PROHIBITED CONDUCT.—It is unlawful— 
(1) to violate this Act or any regulation or per-
mit issued under this Act; 
(2) to refuse permission to board, search, or in-
spect any vessel that is subject to the control of that 
person to an officer authorized under section 301(b) 
to conduct any search, investigation, or inspection to 
enforce this Act or any regulation or permit issued 
under this Act; 
(3) to forcibly assault, resist, oppose, impede, 
intimidate, or interfere with any officer authorized 
under section 301(b) in the conduct of any search, 
investigation, or inspection under this Act; 
(4) to resist a lawful arrest or detention for any 
act prohibited by this Act or any regulation or per-
mit issued under this Act; or 
(5) to interfere with, delay, or prevent, by any 
means, the apprehension, arrest, or detention of an-
other person, knowing that the other person has 
committed an act prohibited by this Act or any regu-
lation or permit issued under this Act. 
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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 
albatrosses or petrels not otherwise provided for in 
this Act that is incidental to otherwise lawful activi-
ties. 
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(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— 
(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; 
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(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.— 
(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. 
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(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). 
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, 
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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 
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 
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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.— 
(1) PERSONS AND VESSELS SUBJECT TO THE 
JURISDICTION OF THE SECRETARY OF COMMERCE.— 
Any person or vessel that is subject to the jurisdic-
tion of the Secretary of Commerce and that violates 
this Act or any permit or regulation issued under 
this Act shall be subject to the penalties, and enti-
tled to the privileges and immunities, provided in the 
Magnuson-Stevens Act in the same manner and by 
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the same means as though sections 308 through 311 
of that Act (16 U.S.C. 1858 through 1861) were in-
corporated into and made a part of this Act. 
(2) PERSONS AND VESSELS SUBJECT TO THE 
JURISDICTION OF THE SECRETARY OF THE INTE-
RIOR.—Any person or vessel that is subject to the 
jurisdiction of the Secretary of the Interior and that 
violates this Act or permit or regulation issued 
under this Act shall be subject to the penalties, and 
entitled to the privileges and immunities, provided in 
the Migratory Bird Treaty Act (16 U.S.C. 703 et 
seq.) in the same manner and by the same means 
as though section 6 of that Act (16 U.S.C. 707) 
were incorporated into and made a part of this Act. 
TITLE IV—AGREEMENT 
AUTHORITY 
SEC. 401. AGREEMENT AUTHORITY. 
(a) IN GENERAL.—The Secretary and the Secretary 
of Commerce shall each designate an office or program 
of the United States Fish and Wildlife Service and of the 
National Marine Fisheries Service, respectively, that shall 
jointly— 
(1) function as the United States Authority in 
accordance with Article VII of the Agreement, to un-
dertake, monitor, and control all activities carried 
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