[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3189 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3189
To implement the Agreement on the Conservation of Albatrosses and
Petrels, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2025
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 of 2025''.
(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) Antarctica.--The term ``Antarctica'' means the area
south of 60 degrees south latitude.
(4) 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.
(5) 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.
(6) 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.
(7) Disturb; 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.--Except as provided in paragraph (2), the
prohibitions under this Act apply--
(A) on lands and in waters subject to the
jurisdiction of the United States; and
(B) to vessels and nationals of the United States
on lands or in waters beyond the jurisdiction of the
United States.
(2) Limitation.--This section shall not apply with respect
to any covered albatross or petrel lawfully taken before the
effective date of this Act.
(c) Other Prohibited Conduct.--It is unlawful--
(1) to violate this Act or any regulation or permit issued
under this Act;
(2) to refuse permission to board, search, or inspect any
vessel that is subject to the control of that person to an
officer authorized under section 301(b) to conduct any search,
investigation, or inspection to enforce this Act or any
regulation or permit issued under this Act;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any officer authorized under
section 301(b) in the conduct of any search, investigation, or
inspection under this Act;
(4) to resist a lawful arrest or detention for any act
prohibited by this Act or any regulation or permit issued under
this Act; or
(5) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detention of another person, knowing
that the other person has committed an act prohibited by this
Act or any regulation or permit issued under this Act.
SEC. 202. AUTHORIZATION OF TAKE.
(a) Permits and Regulatory Authorization.--
(1) In general.--The Secretary, in consultation with the
Secretary of Commerce, as appropriate, may, subject to the
limitations of the terms of the Agreement and other applicable
law, authorize by permit or regulation the deliberate taking of
any covered albatrosses and petrels--
(A) to enhance the propagation, reestablishment, or
survival of those covered albatrosses and petrels;
(B) on a selective basis and to a limited extent,
for scientific, educational, or similar purposes;
(C) to accommodate the traditional needs and
practices of indigenous people;
(D) for the purposes of assistance or salvage
pursuant to the Migratory Bird Treaty Act (16 U.S.C.
703 et seq.); or
(E) in other exceptional circumstances as
determined by the Secretary.
(2) Other take.--The Secretary may authorize by permit or
regulation the take of covered albatrosses or petrels not
otherwise provided for in this Act that is incidental to
otherwise lawful activities.
(3) Limitations.--A permit or regulatory authorization
under this subsection--
(A) shall be limited in area and duration of
application; and
(B) shall not--
(i) result in the elimination of the
favorable conservation status for any covered
albatrosses and petrels; or
(ii) authorize any activity otherwise
prohibited by any other statute or regulation.
(4) Access to breeding sites.--Any permit or other
regulatory authorization under this subsection that authorizes
access to breeding sites of covered albatrosses and petrels,
including for purposes of scientific research, shall contain
terms and conditions to minimize unnecessary disturbance to
covered albatrosses and petrels, and to minimize the impact on
their habitats.
(b) Exceptions.--The taking of covered albatrosses and petrels is
not prohibited by this Act if--
(1) the taking is necessary to avoid imminent suffering,
serious injury, additional injury, or death to any covered
albatrosses and petrels hooked or entangled in fishing gear or
debris;
(2) reasonable care is taken to ensure the safe and
expeditious release of the covered albatrosses and petrels; and
(3) the taking is reported to the Secretary of Commerce in
a timely manner.
SEC. 203. EXEMPTION.
(a) Military Activities.--
(1) In general.--It shall not be a violation of this Act
for personnel of the Department of Defense to take covered
albatrosses and petrels incidental to military activities.
(2) Vessels and aircraft.--This Act shall not apply to
vessels and aircraft entitled to sovereign immunity under
international law.
(3) Guidance to avoid or minimize take.--The Secretary, in
consultation with the Secretary of Commerce and the Secretary
of Defense, may issue guidance to minimize, to the extent
practicable, the take of covered albatrosses and petrels that
is incidental to military activities.
(b) Coast Guard Activities.--
(1) Law enforcement.--Nothing in this section shall be
considered to limit the authority of the Coast Guard to enforce
this or any other Federal law under section 89 of title 14,
United States Code.
(2) Emergency response.--It shall not be a violation of
this Act for the Coast Guard to take any covered albatrosses
and petrels incidental to any emergency response or search and
rescue activity.
(c) Other Activities.--Take of any covered albatrosses and petrels
is not unlawful if the take was caused by any officer who is authorized
by the Secretary, the Secretary of Commerce, or the head of any Federal
or State agency that has entered into an agreement with the Secretary
or the Secretary of Commerce under section 403, to enforce this Act
while performing official duties.
(d) Bycatch of Covered Albatrosses and Petrels in Fisheries.--It
shall not be a violation of this Act for any person to take covered
albatrosses and petrels as bycatch incidental to otherwise lawful
fishing activities, if carried out in accordance with applicable
measures to minimize the bycatch of covered albatrosses and petrels
undertaken pursuant to section 104(c).
TITLE III--PENALTIES AND ENFORCEMENT
SEC. 301. ENFORCEMENT.
(a) Responsibility.--
(1) In general.--This Act, and any regulations or permits
issued under this Act, shall be enforced by the Secretary, the
Secretary of Commerce, and the Secretary of the department in
which the Coast Guard is operating.
(2) Administration.--Subject to the limitations of section
1385 of title 18, United States Code, the Secretary, the
Secretary of Commerce, and the Secretary of the department in
which the Coast Guard is operating may, by agreement, on a
reimbursable basis or otherwise, use the personnel, services,
equipment (including aircraft and vessels), and facilities of
the Coast Guard, and of any State agency in the performance of
duties under this Act.
(b) Powers of Authorized Officers.--
(1) Authorities under magnuson-stevens act.--The Secretary
of Commerce, the Secretary of the department in which the Coast
Guard is operating, and the head of any Federal or State agency
that has entered into an agreement with either such Secretary
under this section may, if the agreement so provides, authorize
officers who are under the administrative jurisdiction of such
Secretary or agency to enforce the provisions of this Act or
any regulation promulgated under this Act. Any officer so
authorized may enforce this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though section 311 of the Magnuson-Stevens Act (16 U.S.C. 1861)
were incorporated into and made a part of this Act.
(2) Authorities under migratory bird treaty act.--The
Secretary of the Interior and the head of any Federal or State
agency that has entered into an agreement with the Secretary
under this section may, if the agreement so provides, authorize
officers who are under the administrative jurisdiction of such
Secretary or agency to enforce the provisions of this Act or
any regulation promulgated under this Act. Any officer so
authorized may enforce this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though section 5 of the Migratory Bird Treaty Act (16 U.S.C.
706) were incorporated into and made a part of this Act.
(c) Penalties.--
(1) Persons and vessels subject to the jurisdiction of the
secretary of commerce.--Any person or vessel that is subject to
the jurisdiction of the Secretary of Commerce and that violates
this Act or any permit or regulation issued under this Act
shall be subject to the penalties, and entitled to the
privileges and immunities, provided in the Magnuson-Stevens Act
in the same manner and by the same means as though sections 308
through 311 of that Act (16 U.S.C. 1858 through 1861) were
incorporated into and made a part of this Act.
(2) Persons and vessels subject to the jurisdiction of the
secretary of the interior.--Any person or vessel that is
subject to the jurisdiction of the Secretary of the Interior
and that violates this Act or permit or regulation issued under
this Act shall be subject to the penalties, and entitled to the
privileges and immunities, provided in the Migratory Bird
Treaty Act (16 U.S.C. 703 et seq.) in the same manner and by
the same means as though section 6 of that Act (16 U.S.C. 707)
were incorporated into and made a part of this Act.
TITLE IV--AGREEMENT AUTHORITY
SEC. 401. AGREEMENT AUTHORITY.
(a) In General.--The Secretary and the Secretary of Commerce shall
each designate an office or program of the United States Fish and
Wildlife Service and of the National Marine Fisheries Service,
respectively, that shall jointly--
(1) function as the United States Authority in accordance
with Article VII of the Agreement, to undertake, monitor, and
control all activities carried out in the implementation and
enforcement of the Agreement within the respective
jurisdictions of the United States Fish and Wildlife Service
and the National Marine Fisheries Service; and
(2) designate a United States Representative in accordance
with Article IX of the Agreement and designate a contact point
for the United States in accordance with Article VII of the
Agreement.
(b) Role of United States Authority.--The Authority designated
under subsection (a) shall, for the purposes of the Agreement--
(1) monitor all activities that may have an impact on the
conservation status of those covered albatrosses and petrels
for which the United States is a range state; and
(2) designate a Contact Point as required by Article VII of
the Agreement for communication with the Secretariat.
SEC. 402. REPORTING.
(a) Report to Congress.--The Secretary, in consultation with the
Secretary of Commerce, the Secretary of State, and any other Federal
agency, as appropriate, shall not later than 1 year after the effective
date of this Act, and every 4 years thereafter, submit a report to the
Congress that includes--
(1) the list of all covered albatrosses and petrels that
are subject to this Act;
(2) the status of all covered albatrosses and petrels that
occur in the United States and within the waters subject to the
jurisdiction of the United States; and
(3) actions taken and those conservation measures believed
necessary to achieve and maintain a favorable conservation
status for covered albatrosses and petrels.
(b) Report to the Advisory Committee.--The Secretary and the
Secretary of Commerce may jointly provide to the Advisory Committee,
through the Secretariat, a report on the implementation of the
Agreement by the United States.
SEC. 403. GENERAL COORDINATION.
In carrying out this Act, the Secretary and the Secretary of
Commerce--
(1) shall work together and may request that other Federal
agencies take actions, to achieve or maintain a favorable
conservation status for covered albatrosses and petrels; and
(2) shall consult with the heads of other Federal agencies
when taking actions on lands or waters owned by the United
States and under the jurisdiction of those Federal agencies.
TITLE V--INTERNATIONAL COOPERATION AND ASSISTANCE
SEC. 501. COOPERATION AMONG NATIONS.
(a) In General.--The Secretary, the Secretary of Commerce, and the
Secretary of State may cooperate with other countries to achieve and
maintain a favorable conservation status of covered albatrosses and
petrels, including by--
(1) the development of systems for collecting and analyzing
data and exchanging information;
(2) the exchange of information regarding adoption and
enforcement of legislative and other management approaches to
conservation of covered albatrosses and petrels;
(3) the implementation of education and awareness programs
for users of areas in which covered albatrosses and petrels may
be encountered;
(4) the design and implementation of comprehensive programs
for public information in relation to the conservation of
covered albatrosses and petrels;
(5) the development and implementation of training programs
on conservation techniques and measures to mitigate threats
affecting covered albatrosses and petrels;
(6) the exchange of expertise, techniques, and knowledge;
and
(7) entering into cooperative arrangements, including, as
appropriate, international agreements.
(b) Assistance.--The Secretary and the Secretary of Commerce, in
cooperation with the Secretary of State, may provide training,
technical, and financial support to the Secretariat, other
international and intergovernmental organizations, and other countries,
to assist in implementing the objectives of the Agreement.
TITLE VI--BYCATCH AND EQUIVALENT CONSERVATION
SEC. 601. PROTECTED LIVING MARINE RESOURCES.
Section 610(e) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826k(e)) is amended by striking paragraph
(1) and inserting the following:
``(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, seabirds, or marine mammals that are
protected under United States law or international agreement,
including--
``(A) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C.
1822 note; Public Law 106-557), including amendments
made by that Act;
``(D) the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, done at
Washington March 3, 1973 (27 UST 1087, TIAS 8249); and
``(E) the Albatross and Petrel Conservation Act of
2025; but''.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. REGULATORY AUTHORITY.
(a) Regulations.--
(1) In general.--Except as otherwise provided in this
section--
(A) the Secretary of Commerce may develop and issue
regulations as necessary to implement the Agreement and
this Act with respect to sections 103(b), 104(c),
203(d), and 601 of this Act;
(B) the Secretary and the Secretary of Commerce may
jointly develop and issue regulations as necessary to
implement the Agreement and this Act with respect to
sections 102, 105, 401, and 403; and
(C) the Secretary and the Secretary of Commerce may
each issue regulations as necessary to implement the
Agreement and this Act with respect to sections
104(a)(2), 104(b), and 201.
(b) Consultation.--In issuing regulations under this Act, the
Secretary and the Secretary of Commerce shall consult each other.
(c) Antarctica.--In issuing regulations under this Act, the
Secretary and the Secretary of Commerce shall consult with the Director
of the National Science Foundation (or the designee of such Director)
on implementation related to Antarctica.
SEC. 702. ADMINISTRATION.
(a) In General.--Except as specified in section 601, nothing in
this Act repeals, supersedes, overrides, or modifies any provision of
Federal law.
(b) Effect on Lands and Waters.--
(1) Concurrence required.--Nothing in this Act authorizes
the Secretary or the Secretary of Commerce to carry out any
activities under this Act on land or in waters under the area-
based management jurisdiction of the other, unless the
Secretary and the Secretary of Commerce agree.
(2) Consultation.--In those areas in which neither the
Secretary nor the Secretary of Commerce has explicit area-based
management jurisdiction, the Secretary and the Secretary of
Commerce shall carry out this Act in consultation with each
other.
SEC. 703. EFFECTIVE DATE.
This Act takes effect on the date that is 180 days after the date
of the enactment of this Act.
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