[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2013 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 2013
_______________________________________________________________________
AN ACT
To amend the Marine Mammal Protection Act of 1972 to implement the
Agreement on the Conservation and Management of the Alaska-Chukotka
Polar Bear Population.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Russia Polar Bear
Conservation and Management Act of 2005''.
SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.
(a) In General.--The Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) is amended by adding at the end thereof the
following:
``TITLE V--ALASKA-CHUKOTKA POLAR BEARS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Agreement.--The term `Agreement' means the Agreement
Between the Government of the United States of America and the
Government of the Russian Federation on the Conservation and
Management of the Alaska-Chukotka Polar Bear Population, signed
at Washington, D.C., on October 16, 2000.
``(2) Alaska nanuuq commission.--The term `Alaska Nanuuq
Commission' means the Alaska Native entity, in existence on the
date of enactment of this Act, that represents all villages in
the State of Alaska that engage in the annual subsistence
taking of polar bears from the Alaska-Chukotka population and
any successor entity.
``(3) Import.--The term `import' means to land on, bring
into, or introduce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, without regard to whether the landing, bringing,
or introduction constitutes an importation within the meaning
of the customs laws of the United States.
``(4) Native people.--The term `Native people' has the
meaning given the term in the Agreement.
``(5) Polar bear part or product.--The term `part or
product of a polar bear' means any polar bear part or product,
including the gall bile and gall bladder.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(7) Taking.--The term `taking' means hunting, capturing,
or killing a polar bear.
``(8) United states-russia polar bear commission.--The term
`United States-Russia Polar Bear Commission' means the
binational commission established under article 8 of the
Agreement.
``(9) United states section.--The term `United States
Section' means the commissioners appointed by the President
under section 505 of this title.
``SEC. 502. PROHIBITIONS.
``(a) In General.--It is unlawful for any person--
``(1) to take any polar bear in violation of the Agreement;
``(2) to take any polar bear in violation of any annual
taking limit or other restriction on the taking of polar bears
that is adopted by the United States-Russia Polar Bear
Commission pursuant to the Agreement;
``(3) to import, export, possess, transport, sell, receive,
acquire, purchase, exchange, barter, or offer to sell,
exchange, or barter any polar bear, or any part or product of a
polar bear, that is taken in violation of the Agreement or any
limit or restriction on taking that is adopted by the United
States-Russia Polar Bear Commission;
``(4) to import, export, possess, transport, sell, receive,
acquire, purchase, exchange, or barter, offer to sell,
exchange, or barter, polar bear gall bile or a polar bear gall
bladder;
``(5) to attempt to commit, solicit another person to
commit, or cause to be committed, any offense under this
subsection; or
``(6) to violate any regulation promulgated by the
Secretary to implement any of the prohibitions established in
this subsection.
``(b) Exceptions.--For the purpose of forensic testing or any other
law enforcement purpose, a government official may import a polar bear
or any part or product of a polar bear.
``SEC. 503. ADMINISTRATION AND ENFORCEMENT.
``(a) In General.--The Secretary, acting through the United States
Fish and Wildlife Service, shall do all things necessary and
appropriate, including the promulgation of regulations, to implement,
enforce, and administer the provisions of the Agreement on behalf of
the United States. The Secretary shall consult with the Secretary of
State, the Marine Mammal Commission, and the Alaska Nanuuq Commission
on matters involving the implementation of the Agreement. The Secretary
may utilize by agreement, with or without reimbursement, the personnel,
services, and facilities of any other Federal agency, any State agency,
or the Alaska Nanuuq Commission for purposes of carrying out this title
or the Agreement. Any person authorized by the Secretary under this
subsection to enforce this title or the Agreement shall have the powers
and authorities that are enumerated in section 6(b) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(b)).
``(b) Forfeiture.--
``(1) Requirement.--
``(A) In general.--A polar bear, or any part or
product of a polar bear, that is (or attempted to be)
imported, exported, taken, possessed, transported,
sold, received, acquired, purchased, exchanged, or
bartered or offered for sale, exchange, or barter, or
purchase, in violation of this title, shall be subject
to seizure and forfeiture to the United States without
any showing that may be required for assessment of a
civil penalty or for criminal prosecution.
``(B) Equipment.--Each gun, trap, net, or other
equipment used, and any vessel, vehicle, aircraft, or
other means of transportation used, to aid in the
violation or attempted violation of this title shall be
subject to forfeiture to the United States upon
conviction of a criminal violation in accordance with
subsection (e).
``(2) Inspection.--
``(A) In general.--Any person authorized by the
Secretary, the Secretary of the Treasury, the Secretary
of Homeland Security, or the Secretary of Commerce to
enforce this title may--
``(i) detain and inspect any container,
including the contents of the container, and
all accompanying documents, upon importation or
exportation of the container;
``(ii) search and, if the container is
found to contain a polar bear or part or
product of a polar bear, seize the package,
crate, or container, and any documentation
associated with it, with or without a warrant.
``(B) Treatment of seized materials.--
``(i) In general.--Except as provided in
clause (ii), any polar bear, or any part or
product of a polar bear, seized under this
section shall be held by any person authorized
by the Secretary, the Secretary of the
Treasury, the Secretary of Homeland Security,
or the Secretary of Commerce pending
disposition of civil or criminal proceedings,
or the institution of an action in rem for
forfeiture of the polar bear, part, or product,
in accordance with this subsection.
``(ii) Bond.--Subject to clause (iii), in
lieu of holding a polar bear or any part or
product of a polar bear described in clause
(i), the Secretary may permit the owner to post
a bond or other surety satisfactory to the
Secretary.
``(iii) Disposal.--Upon forfeiture of any
property to the United States under this
subsection, or the abandonment or waiver of any
claim to any such property, the property shall
be disposed of by the Secretary in such a
manner, consistent with the purposes of this
title, as the Secretary shall by regulation
prescribe.
``(3) Applicable law.--
``(A) In general.--Subject to subparagraph (B), the
following provisions of law described in subparagraph
(B) shall apply to all seizures and forfeitures carried
out under this title:
``(i) All provisions of law relating to the
seizure, forfeiture, and condemnation of
property for violation of the customs laws.
``(ii) All provisions of law relating to
the disposition of seized or forfeited property
or the proceeds from the sale of that property.
``(iii) All provisions of law relating to
the remission or mitigation of that forfeiture.
``(iv) Section 981 of title 18, United
States Code.
``(B) Exception.--All powers, rights, and duties
conferred or imposed by the customs laws upon any
officer or employee of the Department of Treasury
shall, for the purpose of this title, be exercised or
performed by--
``(i) the Secretary or the Secretary's
designee; or
``(ii) such persons as the Secretary may
designate.
``(c) Civil Penalties.--
``(1) Penalties.--
``(A) In general.--Any person who knowingly engages
in conduct prohibited by section 502, or who in the
exercise of due care should know that the person is
engaging in conduct prohibited by section 502, may be
assessed a civil penalty by the Secretary of not more
than $50,000 for each violation.
``(B) Notice and opportunity for hearing.--No
penalty may be assessed against a person under this
paragraph unless the person is given notice and
opportunity for a hearing with respect to the violation
for which the penalty is assessed.
``(C) Separate offenses.--Each violation shall be a
separate offense.
``(D) Remission and mitigation.--A civil penalty
assessed under this paragraph may be remitted or
mitigated by the Secretary.
``(E) Civil action.--Upon any failure by a person
to pay a civil penalty assessed under this paragraph--
``(i) the Secretary may request the
Attorney General to bring a civil action in the
United States district court for any district
in which the person is found, resides, or
transacts business to collect the penalty; and
``(ii) the court shall have jurisdiction to
hear and decide any such action.
``(F) Standard.--A court shall hear and sustain a
civil action by the Secretary under subparagraph (E) if
the civil action is supported by substantial evidence
on the record considered as a whole.
``(2) Procedure.--
``(A) In general.--A hearing held during
proceedings for the assessment of a civil penalty under
paragraph (1) shall be conducted in accordance with
section 554 of title 5, United States Code.
``(B) Subpoenas.--The Secretary may issue subpoenas
for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents,
and administer oaths.
``(C) Reimbursement of witnesses.--A witness
summoned to appear in a proceeding under this paragraph
shall be paid the same fees and mileage that are paid
to witnesses in the courts of the United States.
``(D) Contumacy.--In case of contumacy or refusal
to obey a subpoena served upon any person under this
paragraph--
``(i) the United States district court for
any district in which the person is found,
resides, or transacts business, upon
application by the United States and after
notice to the person, shall have jurisdiction
to issue an order requiring the person to
appear and give testimony before the Secretary,
to appear and produce documents before the
Secretary, or both; and
``(ii) any failure to obey such an order of
the court may be punished by the court as a
contempt of the court.
``(d) Criminal Penalties.--A person who knowingly violates section
502 shall be fined not more than $100,000 for each such violation,
imprisoned not more than 1 year, or both.
``(e) District Court Jurisdiction.--
``(1) In general.--The United States district courts,
including the courts specified in section 460 of title 28,
United States Code, shall have jurisdiction over any action
arising under this title.
``(2) Alaskan cases.--Notwithstanding paragraph (1), the
United States District Court for the district of Alaska shall
have exclusive original jurisdiction of any action arising
under this title for any violation committed, or alleged to
have been committed, in Alaska.
``(f) Other Enforcement.--The importation or exportation of a polar
bear, or any part or product of a polar bear, that is taken, possessed,
transported, sold, received, acquired, purchased, exchanged, or
bartered or offered for sale, exchange, or barter, or purchase, in
violation of the Agreement or any limitation or restriction of the
United States-Russia Polar Bear Commission shall be considered to be
transportation of wildlife for the purpose of section 3(a) of the Lacey
Act Amendments of 1981 (16 U.S.C. 3372(a)).
``(g) Regulations.--
``(1) In general.--The Secretary shall promulgate such
regulations as are necessary to carry out this title and the
Agreement.
``(2) Ordinances and regulations.--If necessary to carry
out this title and the Agreement, and to improve compliance
with the annual taking limit or other restriction on taking
adopted by the United States-Russia Polar Bear Commission and
implemented by the Secretary in accordance with this title, the
Secretary may promulgate regulations that adopt any ordinance
or regulation that restricts the taking of polar bears for
subsistence purposes if the ordinance or regulation has been
promulgated by the Alaska Nanuuq Commission.
``(h) Use of Penalty Amounts.--Amounts received as penalties,
fines, or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
``(i) Severability.--If any provision of this title is, for any
reason, found to be invalid by a court of competent jurisdiction, the
judgment of the court--
``(1) shall not affect, impair, or invalidate the remaining
provisions of this title; and
``(2) shall instead be confined in its operation to
provision of the Act directly involved in the controversy in
which the judgment is rendered.
``SEC. 504. DESIGNATION AND APPOINTMENT OF MEMBERS OF THE UNITED STATES
SECTION OF THE COMMISSION; COMPENSATION, TRAVEL EXPENSES,
AND CLAIMS.
``(a) Designation and Appointment.--
``(1) In general.--The United States shall be represented
on the United States-Russia Polar Bear Commission by 2 United
States commissioners.
``(2) Appointment.--The United States commissioners shall
be appointed by the President, after taking into consideration
the recommendations of--
``(A) the Secretary;
``(B) the Secretary of State;
``(C) the Speaker of the House of Representatives
and the President pro tempore of the Senate; and
``(D) the Alaska Nanuuq Commission.
``(3) Qualifications.--With respect to the United States
commissioners appointed under this subsection, in accordance
with paragraph 2 of article 8 of the Agreement--
``(A) 1 United States commissioner shall be an
official of the Federal Government;
``(B) 1 United States commissioner shall be a
representative of the Native people of Alaska, and, in
particular, the Native people for whom polar bears are
an integral part of their culture; and
``(C) both commissioners shall be knowledgeable of,
or have expertise in, polar bears.
``(4) Service and term.--Each United States commissioner
shall serve--
``(A) at the pleasure of the President; and
``(B) for an initial 4-year term and such
additional terms as the President shall determine.
``(5) Vacancies.--
``(A) In general.--Any individual appointed to fill
a vacancy occurring before the expiration of any term
of office of a United States commissioner shall be
appointed for the remainder of that term.
``(B) Manner.--Any vacancy on the United States-
Russia Polar Bear Commission shall be filled in the
same manner as the original appointment.
``(b) Alternate Commissioners.--
``(1) In general.--The Secretary, in consultation with the
Secretary of State, the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the Alaska Nanuuq Commission, shall designate an alternate
commissioner for each member of the United States Section.
``(2) Duties.--In the absence of a commissioner, an
alternate commissioner may exercise all functions of the
commissioner at any meetings of the United States-Russia Polar
Bear Commission or of the United States Section.
``(3) Reappointment.--An alternate commissioner--
``(A) shall be eligible for reappointment by the
President; and
``(B) may attend all meetings of the United States
Section.
``(c) Duties.--The members of the United States Section may carry
out the functions and responsibilities described in article 8 of the
Agreement in accordance with this title and the Agreement.
``(d) Compensation and Expenses.--
``(1) Compensation.--A member of the United States Section
shall serve without compensation.
``(2) Travel expenses.--A member of the United States
Section shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of the duties of the
United States-Russia Polar Bear Commission.
``(e) Agency Designation.--The United States Section shall, for the
purpose of title 28, United States Code, relating to claims against the
United States and tort claims procedure, be considered to be a Federal
agency.
``SEC. 505. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE
THE COMMISSION.
In accordance with paragraph 3 of article 8 of the Agreement, the
United States Section shall vote on any issue before the United States-
Russia Polar Bear Commission only if there is no disagreement between
the 2 United States commissioners regarding the vote.
``SEC. 506. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION.
``(a) In General.--The Secretary shall take all necessary and
appropriate actions to implement the decisions and determinations of
the United States-Russia Polar Bear Commission under paragraph 7 of
article 8 of the Agreement.
``(b) Taking Limitation.--Not later than 60 days after the date on
which the Secretary receives notice of the determination of the United
States-Russia Polar Bear Commission of an annual taking limit, or of
the adoption by the United States-Russia Polar Bear Commission of other
restriction on the taking of polar bears for subsistence purposes, the
Secretary shall publish a notice in the Federal Register announcing the
determination or restriction.
``SEC. 507. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO DELEGATE
ENFORCEMENT AUTHORITY.
``(a) In General.--The Secretary, acting through the United States
Fish and Wildlife Service, may share authority under this title for the
management of the taking of polar bears for subsistence purposes with
the Alaska Nanuuq Commission.
``(b) Delegation.--To be eligible for the cooperative management
authority described in subsection (a), the Alaska Nanuuq Commission--
``(1) shall have an active cooperative agreement with the
Secretary under section 119 of this title for the conservation
of polar bears;
``(2) shall meaningfully monitor compliance with this title
and the Agreement by Alaska Natives; and
``(3) shall administer its co-management program for polar
bears in accordance with--
``(A) this title;
``(B) the Agreement; and
``(C) the Agreement on the Conservation of Polar
Bears, done at Oslo, November 15, 1973 (27 UST 3918;
TIAS 8409).
``SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.
``(a) In General.--The authority of the Secretary under this title
is in addition to, and shall not affect the authority of the Secretary
under, the other titles of this Act or the Lacey Act Amendments of 1981
(16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives under
section 101(b) of this Act.
``(b) Certain Provisions Inapplicable.--The provisions of titles I
through IV of this Act do not apply with respect to the implementation,
enforcement, or administration of this title.''.
``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out the functions and responsibilities of the
Secretary under this title and the Agreement $1,000,000 for each of
fiscal years 2006 through 2010.
``(b) Commission.--There are authorized to be appropriated to the
Secretary to carry out functions and responsibilities of the United
States Section $150,000 for each of fiscal years 2006 through 2010.
``(c) Alaskan Cooperative Management Program.--There are authorized
to be appropriated to the Secretary to carry out this title and the
Agreement in Alaska $150,000 for each of fiscal years 2006 through
2010.''.
(b) Clerical Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is
amended by adding at the end the following:
Title V--Alaska-Chukotka Polar Bears
``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration and enforcement.
``Sec. 504. Designation and appointment of members of the United States
Section of the Commission; compensation,
travel expenses, and claims.
``Sec. 505. Votes taken by the United States Section on matters before
the Commission.
``Sec. 506. Implementation of actions taken by the Commission.
``Sec. 507. Cooperative management agreement; authority to delegate
enforcement authority.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.
Passed the Senate June 6, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 2013
_______________________________________________________________________
AN ACT
To amend the Marine Mammal Protection Act of 1972 to implement the
Agreement on the Conservation and Management of the Alaska-Chukotka
Polar Bear Population.