[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9972 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9972
To implement the Agreement on the Conservation of Albatrosses and
Petrels, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2024
Mr. Huffman (for himself and Mr. Fitzpatrick) introduced the following
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
concerned
_______________________________________________________________________
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 Representatives 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.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee established by Article IX of the
Agreement.
(2) Agreement.--Each of the terms ``Agreement 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, subspecies, population, or individual within
the taxonomic order Procellariiformes that is listed under
Annex I of the Agreement, whether dead or alive, including 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 covered
albatross or petrel eggs, tended by the parent 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 underway.
(6) Conservation measure.--The term ``conservation
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 migration, brooding, nesting, breeding, feeding, or
sheltering, to a point at which such behavioral patterns are
abandoned or significantly altered.
(8) Favorable conservation status.--The term ``favorable
conservation status'' has the meaning 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, including appropriate nesting and
foraging areas.
(10) Magnuson-stevens act.--The term ``Magnuson-Stevens
Act'' means the Magnuson-Stevens 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 citizen or
national of the United States);
(B) any corporation, partnership, association, 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 temporarily, cross, or
over-fly, at any time during migration, 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 engaged
outside of the jurisdictional limits of the country in
take, or in an activity that has the potential to take.
(15) Regional fishery management council.--The term
``Regional Fishery Management Council'' means any Regional
Fishery Management Council established by section 302(a)(1) of
the Magnuson-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 harmfully interfere
with, harass, pursue, hunt, shoot, wound, kill, trap, capture,
destroy, possess, or collect.
(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.
(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 territorial 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 special
areas'' in Article 3(1) of the Agreement between the
United States of America and the Union of Soviet
Socialist Republics on the Maritime 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 beyond 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, eradicate, 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;
(3) development of regional assessments on established 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 eradication or
control of those species would be most effective and
cost efficient;
(7) eradication or control of established populations or
individuals of invasive or nonnative species; 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.--
(1) Use of other authorities.--The Secretary may use
authority available under any other laws for the protection of
wildlife to conserve, protect, 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-acquisition
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 Secretary, 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 Secretary of Commerce
may undertake scientific research 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 implement 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 Secretary of Commerce--
(1) in consultation with each other and consistent 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 mitigate--
(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 jurisdiction 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 jurisdiction of the
United States; and
(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 mitigate 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 Fisheries.--
(1) In general.--The Secretary of Commerce, in consultation
with the Regional Fishery Management Council with jurisdiction
over the relevant fishery 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 Commerce, in consultation
with such Regional Fishery Management Council, may engage in--
(A) regional assessments of covered albatrosses and
petrels interactions with fishing gear to determine the
extent and nature of such interactions;
(B) collection of covered albatrosses and petrels
bycatch data, including through onboard-observer
programs--
(i) to determine the nature and extent of
covered albatrosses and petrels interactions
with United States fisheries; and
(ii) to evaluate the effectiveness of any
prescribed mitigation measures; and
(C) research on bycatch-mitigation measures 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 disclose, as necessary
and appropriate, information collected under this Act
to the Food and Agriculture Organization of the United
Nations, regional fishery-management organizations, or
arrangements made pursuant to an international fishery-
management agreement, if such organizations or
arrangements have policies and procedures to safeguard
such information from unintended or unauthorized
disclosure.
(B) International fishery agreement defined.--In
this paragraph the term ``international 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 status of covered
albatrosses and petrels, the threats facing covered albatrosses
and petrels, and any actions taken under the Agreement
available to--
(A) the scientific, fishing, and seabird
conservation communities;
(B) the public;
(C) relevant local authorities;
(D) other decisionmakers;
(E) other Parties; and
(F) other countries;
(2) cooperate with other Parties, the Secretariat, and
other persons to develop training programs and general
information products and exchange resource materials regarding
such conservation; and
(3) provide training programs to ensure that personnel
responsible for the implementation of this Act have adequate
knowledge to implement it effectively.
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 section; or
(3) to attempt to engage in any act described in paragraph
(1) or (2) of this subsection.
(b) Applicability.--
(1) In general.