I 
116TH CONGRESS 
1ST SESSION H. R. 1305 
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 
A BILL 
To implement the Agreement on the Conservation of 
Albatrosses and Petrels, and for other purposes. 
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: 
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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. 
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 
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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 
(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 
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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-
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— 
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(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— 
(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 
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