I 
110TH CONGRESS 
2D SESSION 
H. R. 5429 
To amend the Marine Mammal Protection Act of 1972 to authorize appropria-
tions 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marine Mammal Coop-
erative Agreements in Alaska Amendments Act of 2008’’. 
SEC. 2. COOPERATIVE AGREEMENTS IN ALASKA. 
(a) DEFINITION OF DEPLETION AND DEPLETED.— 
Section 3(1)(A) of the Marine Mammal Protection Act of 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
1972 (16 U.S.C. 1362(1)(A)) is amended by striking ‘‘of 
this Act,’’ and inserting ‘‘and, for any stock subject to a 
cooperative agreement with a harvest management plan 
entered into under section 119, those Alaska Native orga-
nizations that are signatories to such an agreement,’’. 
(b) EXEMPTION OF TAKINGS FOR SUBSISTENCE OR 
AUTHENTIC
NATIVE
ARTICLES.—Section 101(b) (16 
U.S.C. 1371) is amended by striking ‘‘section 109’’ and 
inserting ‘‘sections 109 and 119(c)’’. 
(c) USE OF ALASKA NATIVE ORGANIZATIONS FOR 
ENFORCEMENT.—Section 107(a) (16 U.S.C. 1377(a)) is 
amended by inserting ‘‘, or of an Alaska Native organiza-
tion for purposes of enforcing this title pursuant to a har-
vest management plan with the organization under section 
119’’ before the period at the end. 
(d) MARINE MAMMAL COOPERATIVE AGREEMENTS 
IN ALASKA.—Section 119 (16 U.S.C. 1388) is amended 
to read as follows: 
‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS 
IN ALASKA. 
‘‘(a) MARINE MAMMAL COOPERATIVE AGREEMENTS 
IN ALASKA.— 
‘‘(1) IN GENERAL.—The Secretary may enter 
into cooperative agreements with Alaska Native or-
ganizations to conserve and manage any stock of 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
marine mammals and provide comanagement of sub-
sistence use by Alaska Natives. Such agreements 
may include, among other purposes— 
‘‘(A) the collection and analysis of popu-
lation data; 
‘‘(B) harvest monitoring; 
‘‘(C) participation in marine mammal re-
search; 
‘‘(D) development of marine mammal co-
management structures; 
‘‘(E) collection of biological specimens; 
‘‘(F) educational and scientific displays; 
‘‘(G) a harvest management plan gov-
erning Alaska Native subsistence use for those 
stocks or species covered by the cooperative 
agreement; and 
‘‘(H) reporting requirements. 
‘‘(2) CONSULTATION.—The Secretaries shall 
consult with each other in the development of coop-
erative agreements to ensure consistency in the im-
plementation of this section. 
‘‘(3) REPORTING REQUIREMENTS.— 
‘‘(A) 
REPORTS
BY
PERMITTEES.—All 
transfers of marine mammal specimens col-
lected under subsection (a)(1)(E) shall be in-
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
cluded in reports under section 104(c)(1) from 
scientific researchers who receive the specimens 
under authority granted under that section. 
‘‘(B) REPORTS BY ALASKA NATIVE ORGA-
NIZATIONS.—An Alaska Native organization 
shall— 
‘‘(i) maintain an inventory of all ma-
rine mammal parts used in a display under 
subsection (a)(1)(F); and 
‘‘(ii) provide periodic reports to the 
Secretary on such use. 
‘‘(b) MANAGEMENT PLAN REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—A harvest management 
plan established under a cooperative agreement 
under this section with an Alaska Native organiza-
tion shall— 
‘‘(A) apply only to Alaska Natives, in-
cluded in the exemption under section 101(b); 
‘‘(B) identify the signatories to the plan, 
and the stock or species and geographic area 
covered by the plan; 
‘‘(C) be based on biological information 
and traditional ecological knowledge; 
‘‘(D) provide for a sustainable harvest of 
each stock or species covered by the plan, and 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
be designed to prevent populations of such 
stocks and species from becoming depleted; 
‘‘(E) have a clearly defined process and 
authority for enforcement and implementation 
of any management prescriptions under the 
plan; and 
‘‘(F) specify the duration of the plan and 
set forth procedures for periodic review and ter-
mination of the plan. 
‘‘(2) RESPONSIBILITIES OF ALASKA NATIVE OR-
GANIZATION.—A harvest management plan estab-
lished under a cooperative agreement under this sec-
tion must require the Alaska Native organization 
to— 
‘‘(A) monitor compliance by Alaska Na-
tives with the terms of harvest management 
plan; 
‘‘(B) administer its management of marine 
mammals in accordance with the terms of the 
harvest management plan; and 
‘‘(C) report to the Secretary on actions 
taken to implement the agreement and the har-
vest management plan. 
‘‘(c) IMPLEMENTING
REGULATIONS
AND
ORDI-
NANCES.— 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
‘‘(1) REGULATIONS BY SECRETARY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary— 
‘‘(i) shall promulgate such regulations 
as are necessary to carry out this section; 
and 
‘‘(ii) may promulgate regulations that 
implement any ordinance, regulation, or 
other provision that— 
‘‘(I) is included in an Alaskan 
Native organization harvest manage-
ment plan established under a cooper-
ative agreement; and 
‘‘(II) restricts the taking or use 
of marine mammals for subsistence 
purposes consistent with such plan. 
‘‘(B) LIMITATION.—The Secretary may 
not promulgate any regulation under subpara-
graph (A) unless the regulation— 
‘‘(i) is necessary to carry out this sec-
tion; 
‘‘(ii) is no more restrictive than any 
taking limit or other restriction contained 
in the harvest management plan adopted 
by the Alaska Native organization and im-
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
plemented by the Secretary in accordance 
with this section; and 
‘‘(iii) is necessary to improve compli-
ance with any taking limit or other restric-
tion in a harvest management plan that is 
adopted by the Alaskan Native organiza-
tion and implemented by the Secretary in 
accordance with this section. 
‘‘(2) DEPLETED STOCKS.—A regulation or ordi-
nance adopted by an Alaska Native organization in 
a harvest management plan for a depleted stock 
shall apply only to the extent the regulation or ordi-
nance is consistent with regulations issued by the 
Secretary under sections 101(b) and 103 that apply 
to such stock. 
‘‘(d) PROHIBITION.—It is unlawful for any Alaska 
Native within the geographic area to which a harvest man-
agement plan under this section applies, to take, trans-
port, sell, or possess a marine mammal in violation of the 
provisions of a harvest management plan or regulations 
promulgated under this section. 
‘‘(e) GRANTS.—An agreement entered into under this 
section may, subject to the availability of appropriations, 
include a grant by the Secretary to an Alaska Native orga-
nization for, among other purposes— 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
‘‘(1) collecting and analyzing data on marine 
mammal populations; 
‘‘(2) monitoring the harvest of marine mam-
mals for subsistence and handicraft uses; 
‘‘(3) participating in marine mammal research 
conducted by the Federal Government, the State of 
Alaska, academic institutions, or private organiza-
tions; and 
‘‘(4) developing marine mammal comanagement 
structures with Federal and State agencies, and im-
plementing and enforcing any harvest management 
plan included in the agreement. 
‘‘(f) ADVANCE NOTICE AND OPPORTUNITY FOR COM-
MENT REGARDING PROPOSED REGULATIONS.—Before 
proposing any regulation under section 101(b) relating to 
the taking of a stock of marine mammals that is the sub-
ject of a harvest management plan under this section, the 
Secretary shall— 
‘‘(1) solicit recommendations for such proposed 
regulation from each Alaska Native organization en-
gaged in harvest management of the species or stock 
pursuant to this section; and 
‘‘(2) provide to each such organization with a 
cooperative agreement— 
‘‘(A) a copy of the proposed regulation; 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
‘‘(B) an analysis of how the proposed regu-
lation would achieve the goal of being the least 
restrictive measure upon subsistence use of the 
stock and the conservation of marine mammals; 
and 
‘‘(C) an opportunity to comment on the 
proposed regulation prior to publication of any 
proposed regulations in the Federal Register. 
‘‘(g) PUBLIC NOTICE.—The Secretary shall publish 
each harvest management plan entered into under this 
section. 
‘‘(h) FACA EXEMPTION.—The Federal Advisory 
Committee Act (5 App. U.S.C.) shall not apply with re-
spect to the provision of any advice or recommendations 
to the Secretary by any Alaska Native organization (in-
cluding any scientific review group associated with such 
an organization), or the obtaining of any advice or rec-
ommendations by the Secretary from such an organiza-
tion, for the purpose of formulation or implementation of 
a cooperative agreement under this section. 
‘‘(i) RELATIONSHIP TO TITLE V.—Nothing in this 
section affects title V or any authority under title V of 
this Act. 
‘‘(j) EFFECT OF JURISDICTION.—Nothing in this sec-
tion is intended or shall be construed— 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
‘‘(1) as authorizing any expansion or change in 
the respective jurisdiction of Federal, State, or Trib-
al governments over fish and wildlife resources; or 
‘‘(2) as altering in any respect the existing po-
litical or legal status of Alaska Natives, or the gov-
ernmental or jurisdictional status of Alaska Native 
communities or Alaska Native entities. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated for the purposes of carrying out this 
section— 
‘‘(A) to the Secretary of the Interior, 
$3,000,000 for each of fiscal years 2007 
through 2010; and 
‘‘(B) to the Secretary of Commerce 
$3,700,000, for each of fiscal years 2007 
through 2010 of which not less than $300,000 
shall be for payment to the Indigenous People’s 
Council for Marine Mammals, or its successor 
organization, for administrative expenses and 
statewide coordination between its member 
Alaska Native Organizations. 
‘‘(2) ADMINISTRATIVE COSTS.—Of the amounts 
authorized under this section for each of the Sec-
retary of Commerce and the Secretary of the Inte-
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS
rior, not more than 5 percent may be used for agen-
cy administrative costs. 
‘‘(l) REPORT TO CONGRESS.—The Secretaries shall 
each issue a report to Congress on— 
‘‘(1) actions taken to implement this section; 
and 
‘‘(2) the use of funds authorized by this section 
by the Secretaries and Alaska Native organizations, 
including the Indigenous People’s Council for Ma-
rine Mammals. 
‘‘(m) INDIGENOUS PEOPLE’S COUNCIL FOR MARINE 
MAMMALS DEFINED.—For the purpose of this section the 
term ‘Indigenous People’s Council for Marine Mammals’ 
means a consortium of Alaska Native organizations that 
are engaged in the conservation and comanagement of 
subsistence use of marine mammals by Alaska Natives.’’. 
Æ 
VerDate Aug 31 2005 
22:23 Feb 14, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H5429.IH
H5429
mstockstill on PROD1PC66 with BILLS