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Title II — Prohibited Acts, Permits, and Exemptions

H.R. 1305 · 116th Congress · Feb 15, 2019 · Lineage

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).