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Title II — Wildlife Conservation

H.R. 864 · 116th Congress · Jan 30, 2019 · Lineage

II Wildlife Conservation

Sec. 201 International Wildlife Conservation Program

(a)
Definitions— In this section:
(1)
Program— The term “Program” means the International Wildlife Conservation Program established under subsection (b).
(2)
Range state— The term “range state” means a foreign country, a freely associated state (pursuant to the Compact of Free Association authorized by Public Law 99–239 (99 Stat. 1770)), or any territory or possession of the United States, any portion of which is within the natural range of distribution of a wildlife species.
(3)
Secretary— The term “Secretary” means the Secretary of the Interior.
(b)
Authorization of program— The Secretary shall carry out the International Wildlife Conservation Program in the United States Fish and Wildlife Service—
(1)
to implement global habitat and conservation initiatives under the jurisdiction of the Secretary;
(2)
to address global conservation threats;
(3)
to combat wildlife trafficking, poaching, and trade in illegal wildlife products;
(4)
to provide financial, scientific, and other technical assistance;
(5)
to facilitate implementation of treaties, conventions, accords, or similar international agreements entered into by the United States to promote fish, wildlife, plant, or habitat conservation; and
(6)
to carry out other international wildlife conservation and habitat activities authorized by Federal law, as the Secretary determines to be appropriate.
(c)
Program components— The Program shall include the following:
(1)
Regional component— A regional component that shall—
(A)
address grassroots conservation problems through capacity building within regions of range states to achieve comprehensive landscape or ecosystem-level fish or wildlife conservation; and
(B)
develop and implement a plan—
(i)
to expand existing regional wildlife conservation programs as the Secretary determines to be appropriate; and
(ii)
to establish new regional conservation programs in other critical landscapes and wildlife habitat globally.
(2)
Species component— A species component that shall consist of administration of the programs authorized under—
(A)
the African Elephant Conservation Act (16 U.S.C. 4201 et seq.);
(B)
the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.);
(C)
the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.);
(D)
the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.);
(E)
the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.);
(F)
the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.);
(G)
the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.);
(H)
the Critically Endangered Animals Conservation Fund established by the Secretary and administered by the United States Fish and Wildlife Service; and
(I)
any similar authority provided to the Secretary relating to international wildlife conservation.
(3)
Anti-trafficking component— An anti-trafficking component that shall consist of administration of the programs authorized under—
(A)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B)
subsections (a) and (d) of section 8 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978);
(C)
the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et seq.);
(D)
the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.);
(E)
other anti-wildlife-trafficking laws, as determined by the Secretary; and
(F)
activities authorized under section 301.
(4)
Convention component— A convention component that shall consist of the Division of Management Authority and the Division of Scientific Authority of the United States Fish and Wildlife Service to implement CITES and carry out other related duties, as the Secretary determines to be appropriate.
(5)
Additional components— The Secretary may include additional components in the Program as the Secretary determines to be appropriate.
(d)
Relationship to other law— Nothing in this section alters the responsibilities of the Secretary under section 8 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742g) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(e)
Acceptance and use of donations— In carrying out the Program, the Secretary may—
(1)
accept donations of funds, gifts, and in-kind contributions; and
(2)
use those donations, without further appropriation, for capacity building, grants, and other on-the-ground uses under the program components described in subsection (c).

Sec. 202 Amendments to Great Ape Conservation Act of 2000

(a)
Multiyear grants— Section 4 of the Great Ape Conservation Act of 2000 (16 U.S.C. 6303) is amended—
(1)
by adding at the end the following:

“(j) Multiyear grants

“(1) In general—The Secretary may award a multiyear grant under this section to a person who is otherwise eligible for a grant under this section to carry out a project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats.

“(2) Annual grants not affected—This subsection shall not be construed as precluding the Secretary from awarding grants on an annual basis.”

(b)
Great Ape Conservation Fund— Section 5 of the Great Ape Conservation Act of 2000 (16 U.S.C. 6304) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2), by striking “and” at the end;
(B)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(4) any amounts received by the United States for any violation of law pertaining to great apes under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or regulations implementing those Acts, including any of those amounts received as—

“(A) fines or penalties;

“(B) proceeds from sales of forfeited property, assets, or cargo; or

“(C) restitution to the Federal Government.”

(2)
in subsection (b)(2)—
(A)
by striking “3 percent” and inserting “5 percent”; and
(B)
by striking “$100,000” and inserting “$150,000”.

Sec. 203 Amendments to Marine Turtle Conservation Act of 2004

(a)
Purposes— Section 2(b) of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601(b)) is amended to read as follows:

“(b) Purposes—The purposes of this Act are to assist in the conservation of marine turtles, freshwater turtles, and tortoises in foreign countries and territories of the United States, the conservation of the nesting habitats of marine turtles, and the conservation of the habitats of freshwater turtles and tortoises, by supporting and providing financial resources for projects—

“(1) to conserve those nesting habitats and habitats in foreign countries and territories of the United States;

“(2) to conserve marine turtles, freshwater turtles, and tortoises in those habitats; and

“(3) to address other threats to the survival of marine turtles, freshwater turtles, and tortoises in foreign countries and territories of the United States.”

(b)
Definitions— Section 3 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6602) is amended—
(1)
by amending paragraph (2) to read as follows:

“(2) Conservation—The term “conservation” means the use of all methods and procedures necessary to protect marine turtles, freshwater turtles, or tortoises in foreign countries and territories of the United States, including—

“(A) protection, restoration, and management of nesting habitats and other habitats;

“(B) onsite research and monitoring of populations, habitats, annual reproduction, and species population trends;

“(C) assistance in the development, implementation, and improvement of national, regional, and territorial management plans for habitat ranges;

“(D) enforcement and implementation of CITES and laws of foreign countries and territories of the United States to—

“(i) protect and manage populations and habitats; and

“(ii) prevent illegal trade of marine turtles, freshwater turtles, or tortoises;

“(E) training of local law enforcement officials in the interdiction and prevention of—

“(i) the illegal killing of marine turtles, freshwater turtles, or tortoises; and

“(ii) illegal trade in marine turtles, freshwater turtles, or tortoises;

“(F) initiatives to resolve conflicts between humans and marine turtles, freshwater turtles, or tortoises over habitat;

“(G) community outreach and education; and

“(H) strengthening of the ability of local communities to implement population and habitat conservation programs.”

(2)
in paragraph (3), by striking “Marine Turtle Conservation Fund” and inserting “Turtle and Tortoise Conservation Fund”;
(3)
by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;
(4)
by inserting after paragraph (2) the following:

“(3) Freshwater turtle

“(A) In general—The term “freshwater turtle” means any member of the family Ca­ret­to­chel­yi­dae, Chelidae, Chelydridae, Der­ma­te­my­di­dae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Po­doc­ne­mi­di­dae, or Trionychidae.

“(B) Inclusions—The term “freshwater turtle” includes—

“(i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and

“(ii) a carcass of such a turtle.”

(5)
by adding at the end the following:

“(8) Territory of the United States—The term “territory of the United States” means each of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other territory or possession of the United States.

“(9) Tortoise

“(A) In general—The term “tortoise” means any member of the family Testudinidae.

“(B) Inclusions—The term “tortoise” includes—

“(i) any part, product, egg, or offspring of a tortoise described in subparagraph (A); and

“(ii) a carcass of such a tortoise.”

(c)
Marine turtle conservation assistance— Section 4 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6603) is amended—
(1)
in the section heading, by striking “marine turtle” and inserting “turtle and tortoise”;
(2)
in subsection (a), by striking “marine turtles” and inserting “marine turtles, freshwater turtles, and tortoises”;
(3)
by amending subsection (b)(1) to read as follows:

“(1) Eligible applicants—A proposal for a project for the conservation of marine turtles, freshwater turtles, or tortoises may be submitted to the Secretary by—

“(A) any wildlife management authority of a foreign country or territory of the United States that has within its boundaries marine turtle nesting habitat, freshwater turtle habitat, or tortoise habitat, if the activities of the authority directly or indirectly affect marine turtle, freshwater turtle, or tortoise conservation; or

“(B) any other person with the demonstrated expertise required for the conservation of marine turtles, freshwater turtles, or tortoises.”

(4)
in subsection (d)—
(A)
by inserting “or territories of the United States” after “foreign countries”;
(B)
by striking “marine turtles”’ and inserting “marine turtles, freshwater turtles, or tortoises”; and
(C)
by striking “marine turtle” and inserting “marine turtle, freshwater turtle, or tortoise”; and
(5)
in subsection (e)—
(A)
by striking “marine turtles” and inserting “marine turtles, freshwater turtles, or tortoises”; and
(B)
by striking “and their nesting habitats” and inserting “and marine turtle nesting habitats, freshwater turtle habitats, or tortoise habitats”.
(d)
Marine Turtle Conservation Fund— Section 5 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6604) is amended—
(1)
in the section heading, by striking “marine turtle” and inserting “turtle and tortoise”;
(2)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “Marine Turtle” and inserting “Turtle and Tortoise”;
(B)
in paragraph (2), by striking “and” at the end;
(C)
in paragraph (3), by striking the period at the end and inserting “; and”; and
(D)
by adding at the end the following:

“(4) any amounts received by the United States for any violation of law pertaining to marine turtles, freshwater turtles, or tortoises under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or regulations implementing those Acts, including any of those amounts received as—

“(A) fines or penalties;

“(B) proceeds from sales of forfeited property, assets, or cargo; or

“(C) restitution to the Federal Government.”

(3)
in subsection (b)(2)—
(A)
by striking “3 percent” and inserting “5 percent”; and
(B)
by striking “$80,000” and inserting “$150,000”.
(e)
Advisory group— Section 6(a) of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6605(a)) is amended by striking “marine turtles” and inserting “marine turtles, freshwater turtles, or tortoises”.
(f)
Authorization of appropriations— Section 7 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6606) is amended—
(1)
by striking “There is” and inserting the following:

“(a) In general—There is”

(2)
by adding at the end following:

“(b) Allocation—Of the amount authorized by subsection (a) for each fiscal year—

“(1) not more than $1,510,000 is authorized only for use by the Secretary for marine turtle conservation purposes under this Act; and

“(2) of the amount appropriated in excess of $1,510,000, not less than 40 percent is authorized only for use by the Secretary for freshwater turtle and tortoise conservation purposes under this Act.”

Sec. 204 Funding for marine mammal conservation

All amounts collected by the Secretary of Commerce, including fines, penalties, and proceeds from sales of forfeited assets or cargo, for violations of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) or regulations implementing that Act shall be used by the Secretary of Commerce for—
(1)
the benefit of the marine mammal species impacted by the applicable violation, to the extent practicable;
(2)
marine mammal conservation purposes, as determined by the Secretary of Commerce;
(3)
responding to marine mammal strandings, entanglements, or unusual mortality events, including activities under the John H. Prescott Marine Mammal Rescue Assistance Grant Program under section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f–1);
(4)
payment of awards to whistleblowers on an applicable violation under section 103; or
(5)
enforcement of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and regulations implementing that Act.

Sec. 205 Funding for shark conservation

All amounts available to the Secretary of Commerce that are attributable to fines, penalties, and forfeitures of property (or proceeds from the sale of that forfeited property) imposed for violations under section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)) or violations of any fishery management plan for sharks prepared under title III of that Act (16 U.S.C. 1851 et seq.) shall be used by the Secretary of Commerce for—
(1)
the benefit of the shark species impacted by the applicable violation, to the extent practicable;
(2)
shark conservation purposes, including to carry out amendments made by the Shark Conservation Act of 2010 (Public Law 111–348; 124 Stat. 3668);
(3)
payment of awards to whistleblowers on an applicable violation under section 103; or
(4)
enforcement of section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)) or any fishery management plan for sharks under that Act.

Sec. 206 Uses of transferred funds for wildlife conservation

All amounts made available to the Secretary of the Interior under the amendments made by sections 302 and 303 shall be used—
(1)
for the benefit of the species impacted by the applicable violation, to the extent practicable;
(2)
for payment of rewards under section 103 on the applicable violation; or
(3)
to carry out—
(A)
the African Elephant Conservation Act (16 U.S.C. 4201 et seq.);
(B)
the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.);
(C)
the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.);
(D)
the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.);
(E)
the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.);
(F)
the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.);
(G)
the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.);
(H)
the Critically Endangered Animals Conservation Fund established by the Secretary and administered by the United States Fish and Wildlife Service; or
(I)
any other wildlife conservation programs or activities authorized by Federal law, as considered appropriate by the Secretary, including activities pursuant to sections 201 and 301 of this Act.