To exempt exportation of certain echinoderms and mollusks from licensing requirements under the Endangered Species Act of 1973.

Bill: 114-hr-4245
Sponsor: full_name: Rep. Pingree, Chellie [D-ME-1]
Introduced: 2015-12-11
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Department of the Interior

Endangered and threatened species

Hunting and fishing

Licensing and registrations

Marine and coastal resources, fisheries

Seafood

Trade restrictions

User charges and fees

Wildlife conservation and habitat protection
Latest action: action_date: 2016-12-12
text: Message on Senate action sent to the House.

Summaries:
action_date: 2015-12-11
action_desc: Introduced in House
text: <p>This bill exempts importers and exporters of sea urchins and sea cucumbers that are designated as food for humans or animals or taken for recreational purposes from licensing requirements. Thus, those importers and exporters will be exempted from: (1) inspections to ensure shipments of those sea urchins and sea cucumbers do not contain endangered or threatened species, and (2) related inspection fees.</p>

action_date: 2016-09-06
action_desc: Passed House amended
text: <p>(Sec. 1) This bill: (1) exempts exporters of sea urchins, sea cucumbers, squid, octopus, and cuttlefish that are designated as food for humans or animals or taken for recreational purposes from licensing requirements; and (2) requires the U.S. Fish and Wildlife Service to amend regulations concerning transporting wildlife to clarify that those sea urchins, sea cucumbers, squid, octopus, and cuttlefish are fishery products exempt from the export permission requirements under the Endangered Species Act of 1973. Thus, those exporters will be exempted from: (1) inspections to ensure shipments of those fishery products do not contain endangered or threatened species, and (2) related inspection fees.</p>

action_date: 2016-12-10
action_desc: Passed Senate amended
text: <p>(Sec. 1) This bill requires the U.S. Fish and Wildlife Service (USFWS) to issue a proposed rule that establishes expedited procedures relating to the export permission requirements of the Endangered Species Act of 1973 for sea urchins and sea cucumbers that are designated as food for humans or animals. The USFWS may include in the rule an exemption from export permission requirements or export licensing requirements for those species.</p> <p>If an exemption will have a significant negative impact on the conservation of sea urchins or sea cucumbers, the USFWS may not provide the exemption to the requirements. In addition, the USFWS may not provide an exemption to an entity that has been convicted of a violation of a law relating to the importation, transportation, or exportation of wildlife in the five years preceding the date on which the entity applied for the exemption.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 4245 IN THE HOUSE OF REPRESENTATIVES December 11, 2015 Ms. Pingree (for herself and Mr. Poliquin ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Ways and Means and 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 exempt importation and exportation of sea urchins and sea cucumbers from licensing requirements under the Endangered Species Act of 1973.

1. Exemption of importation and exportation of sea urchins and sea cucumbers from licensing requirement (a) Exemption Notwithstanding section 9(d)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(d)(1) ) and section 14.91 of title 50, Code of Federal Regulations, any person may engage in business as an importer or exporter of fish or wildlife described in subsection (b) of this section without procuring an import/export license under such section of that Act or subpart I of part 14 of such title. (b) Covered fish or wildlife The fish or wildlife referred to in subsection (a) are members of the phylum Echinodermata that are commonly known as sea urchins and sea cucumbers, including products thereof, that— (1) do not require a permit under part 16, 17, or 23 of title 50, Code of Federal Regulations; and (2) are— (A) imported or exported for purposes of human or animal consumption; or (B) taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes.

tv_txt: I 114th CONGRESS 2d Session H. R. 4245 IN THE HOUSE OF REPRESENTATIVES AN ACT To exempt exportation of certain echinoderms and mollusks from licensing requirements under the Endangered Species Act of 1973.

1. Exemption of exportation of certain echinoderms and mollusks from permission and licensing requirements (a) Exemption Not later than 30 days after the date of the enactment of this Act, the Director of the United States Fish and Wildlife Service shall amend section 14.92 of title 50, Code of Federal Regulations, to clarify that— (1) fish or wildlife described in subsection (b) are fishery products exempt from the export permission requirements of section 9(d)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(d)(1) ); and (2) any person may engage in business as an exporter of such fish or wildlife without procuring permission under such section of that Act or an export license under subpart I of part 14 of such title. (b) Covered fish or wildlife The fish or wildlife referred to in subsection (a) are members of the phylum Echinodermata that are commonly known as sea urchins and sea cucumbers, and members of the phylum Mollusca that are commonly known as squid, octopus, and cuttlefish, including products thereof, that— (1) do not require a permit under part 16, 17, or 23 of title 50, Code of Federal Regulations; (2) are harvested in waters under the jurisdiction of the United States or are processed in the United States; and (3) are— (A) exported for purposes of human or animal consumption; or (B) taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes.

Passed the House of Representatives September 6, 2016. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 551 114th CONGRESS 2d Session H. R. 4245 [Report No. 114–712, Part I] IN THE HOUSE OF REPRESENTATIVES December 11, 2015 Ms. Pingree (for herself and Mr. Poliquin ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Ways and Means and 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 September 6, 2016 Reported from the Committee on Natural Resources with amendments Strike out all after the enacting clause and insert the part printed in italic September 6, 2016 The Committees on Ways and Means and Foreign Affairs discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on December 11, 2015 A BILL To exempt importation and exportation of sea urchins and sea cucumbers from licensing requirements under the Endangered Species Act of 1973.

1. Exemption of exportation of certain echinoderms and mollusks from permission and licensing requirements (a) Exemption Not later than 30 days after the date of the enactment of this Act, the Director of the United States Fish and Wildlife Service shall amend section 14.92 of title 50, Code of Federal Regulations, to clarify that— (1) fish or wildlife described in subsection (b) are fishery products exempt from the export permission requirements of section 9(d)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(d)(1) ); and (2) any person may engage in business as an exporter of such fish or wildlife without procuring permission under such section of that Act or an export license under subpart I of part 14 of such title. (b) Covered fish or wildlife The fish or wildlife referred to in subsection (a) are members of the phylum Echinodermata that are commonly known as sea urchins and sea cucumbers, and members of the phylum Mollusca that are commonly known as squid, octopus, and cuttlefish, including products thereof, that— (1) do not require a permit under part 16, 17, or 23 of title 50, Code of Federal Regulations; (2) are harvested in waters under the jurisdiction of the United States or are processed in the United States; and (3) are— (A) exported for purposes of human or animal consumption; or (B) taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes.

Amend the title so as to read: A bill to exempt exportation of certain echinoderms and mollusks from licensing requirements under the Endangered Species Act of 1973. .

September 6, 2016 Reported from the Committee on Natural Resources with amendments September 6, 2016 The Committees on Ways and Means and Foreign Affairs discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: II 114th CONGRESS 2d Session H. R. 4245 IN THE SENATE OF THE UNITED STATES September 7, 2016 Received AN ACT To exempt exportation of certain echinoderms and mollusks from licensing requirements under the Endangered Species Act of 1973.

1. Exemption of exportation of certain echinoderms and mollusks from permission and licensing requirements (a) Exemption Not later than 30 days after the date of the enactment of this Act, the Director of the United States Fish and Wildlife Service shall amend section 14.92 of title 50, Code of Federal Regulations, to clarify that— (1) fish or wildlife described in subsection (b) are fishery products exempt from the export permission requirements of section 9(d)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(d)(1) ); and (2) any person may engage in business as an exporter of such fish or wildlife without procuring permission under such section of that Act or an export license under subpart I of part 14 of such title. (b) Covered fish or wildlife The fish or wildlife referred to in subsection (a) are members of the phylum Echinodermata that are commonly known as sea urchins and sea cucumbers, and members of the phylum Mollusca that are commonly known as squid, octopus, and cuttlefish, including products thereof, that— (1) do not require a permit under part 16, 17, or 23 of title 50, Code of Federal Regulations; (2) are harvested in waters under the jurisdiction of the United States or are processed in the United States; and (3) are— (A) exported for purposes of human or animal consumption; or (B) taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes.

Passed the House of Representatives September 6, 2016. Karen L. Haas, Clerk

tv_txt: 114th CONGRESS 2d Session H.R. 4245 In the Senate of the United States, December 10 (legislative day, December 9), 2016. Amendment:

That the bill from the House of Representatives (H.R. 4245) entitled An Act to exempt exportation of certain echinoderms and mollusks from licensing requirements under the Endangered Species Act of 1973. , do pass with the following Strike all after the enacting clause and insert the following: 1. Expedited exportation of certain species (a) In general Not later than 180 days after the date of enactment of this Act, the Director of the United States Fish and Wildlife Service (referred to in this section as the Director ) shall issue a proposed rule to amend section 14.92 of title 50, Code of Federal Regulations, to establish expedited procedures relating to the export permission requirements of section 9(d)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(d)(1) ) for fish or wildlife described in subsection (c). (b) Exemptions (1) In general As part of the rulemaking under subsection (a), subject to paragraph (2), the Director may provide an exemption from the requirement to procure— (A) permission under section 9(d)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(d)(1) ); or (B) an export license under subpart I of part 14 of title 50, Code of Federal Regulations. (2) Limitations The Director shall not provide an exemption under paragraph (1)— (A) unless the Director determines that the exemption will not have a significant negative impact on the conservation of the species that is the subject of the exemption; or (B) to an entity that has been convicted of a violation of a Federal law relating to the importation, transportation, or exportation of wildlife during a period of not less than 5 years ending on the date on which the entity applies for exemption under paragraph (1). (c) Covered fish or wildlife The fish or wildlife described in this subsection are the species commonly known as sea urchins and sea cucumbers (including any product of a sea urchin or sea cucumber) that— (1) do not require a permit under part 16, 17, or 23 of title 50, Code of Federal Regulations; and (2) are exported for purposes of human or animal consumption.

Secretary