Albatross and Petrel Conservation Act
A BILL
To implement the Agreement on the Conservation of Albatrosses and Petrels, and for other purposes.
Sec. 2 Definitions
In this Act:
Advisory committee— The term “Advisory Committee” means the Advisory Committee established by Article IX of the Agreement.
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.
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.
Antarctica— The term “Antarctica” means the area south of 60 degrees south latitude.
Breeding site— The term “breeding site” means—
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
a location where reestablishment of breeding covered albatrosses and petrels is underway.
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.
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.
Favorable conservation status— The term “favorable conservation status” has the meaning given the term in Article I of the Agreement.
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.
Magnuson-Stevens Act— The term “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Party— The term “Party” means any country (including the United States) or regional economic integration organization that has ratified or acceded to the Agreement.
Person— The term “person” means—
any individual (whether or not a citizen or national of the United States);
any corporation, partnership, association, or other entity (whether or not existing under the laws of any State); and
any Federal, State, local, or foreign government or any entity of such a government.
Range— The term “range” means—
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
any other areas that the Secretary or the Secretary of Commerce determines have been used for any of those purposes.
Range state— The term “range state” means any country—
that exercises jurisdiction over any part of a range; or
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.
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)).
Secretariat— The term “Secretariat” means the Secretariat established by the Parties to the Agreement pursuant to paragraph 11 of Article VIII.
Secretary— The term “Secretary” means the Secretary of the Interior.
Take— The term “take” means to harmfully interfere with, harass, pursue, hunt, shoot, wound, kill, trap, capture, destroy, possess, or collect.
United States— The term “United States” means—
each of the several States;
the District of Columbia;
the Commonwealth of Puerto Rico;
the United States Virgin Islands;
American Samoa;
Guam;
the Commonwealth of the Northern Mariana Islands; and
any other commonwealth, territory, or possession of the United States.
Waters subject to the jurisdiction of the united states— The term “waters subject to the jurisdiction of the United States” means—
the waters of the United States territorial sea under Presidential Proclamation 5928, dated December 27, 1988 (43 U.S.C. 1331 note);
the exclusive economic zone (as defined in section 107 of title 46, United States Code); and
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.