[Senate Report 107-303]
[From the U.S. Government Publishing Office]
Calendar No. 691
107th Congress Report
SENATE
2d Session 107-303
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MARINE TURTLE CONSERVATION ACT OF 2002
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October 8, 2002.--Ordered to be printed
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Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 2897]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2897) to assist in the conservation of
marine turtles and the nesting habitats of marine turtles in
foreign countries, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
General Statement and Background
Marine turtles, once abundant throughout the world, are now
in very serious trouble. Some populations are expected to
become extinct within the next few years. Because marine
turtles are long-lived, late-maturing, and highly migratory,
they are particularly vulnerable to human exploitation and
habitat loss. Of the species found in U.S. waters the
Leatherback, Green, Hawksbill, Olive Ridley, Loggerhead, and
Kemp's Ridley turtles--all are listed as endangered or
threatened under the Endangered Species Act. All seven of the
world's species are included in Appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora.
The life-cycles of marine turtles are very complex. They
depend on a diversity of environments, including terrestrial
sites on sandy beaches where nests are made and eggs are
deposited and left to incubate for about 2 months. The newly
hatched turtles instinctively run to the sea . Some turtles may
spend decades on the high seas before returning to coastal
waters. Dispersing across ocean basins is routine for many
turtles as part of the normal maturation process. Most species
appear to pass through a series of developmental habitats
living in the territorial waters of several sovereign States.
On reaching maturity, which may take as much as half a century
in some populations, the adults make migrations between feeding
grounds and breeding grounds.
Because marine turtles migrate far beyond U.S. borders,
activities outside the United States compromise national
recovery efforts. While international projects, largely focused
on conservation of nesting beaches, have in some instances
helped foster population recovery, lack of adequate funding
remains a critical stumbling block.
Objectives of the Legislation
This legislation will assist in the recovery and protection
of marine turtles by supporting and providing financial
resources for projects to conserve nesting habitats of marine
turtles in foreign countries and marine turtles while they are
found in such habitats and to address other threats to the
survival of marine turtles.
S. 2897 directs the Secretary of Interior to establish a
program to review, approve, and fund qualified marine turtle
conservation projects. It authorizes $5 million in annual
appropriations through 2008 to be deposited in a Marine Turtle
Conservation Fund, established for this purpose.
Section-by-Section Analysis
Section 1. Short Title
This Section cites the Act as the ``Marine Turtle
Conservation Act of 2002''.
Sec. 2. Findings and Purposes
This Section elaborates on the congressional findings that:
marine turtle populations have declined to the point that the
long-term survival of the populations are in jeopardy; six of
the seven recognized species of marine turtles are listed as
threatened or endangered species under the Endangered Species
Act of 1973 and all seven species have been included in
Appendix I of CITES; marine turtles are particularly vulnerable
to the impacts of human exploitation and habitat loss; illegal
international trade seriously threatens some marine turtle
populations; resources available have not been sufficient to
cope with the continued loss of nesting habitats due to human
activities; marine turtles are flagship species for the
ecosystems in which they are found and are important components
of the ecosystems they inhabit, changes in marine turtle
populations are most reliably indicated by changes in the
numbers of nests and nesting females; and the reduction,
removal, or other effective addressing of the threats to the
long-term viability of populations of marine turtles will
require the joint commitment and effort of countries that have
within their boundaries marine turtle nesting habitats and
others with demonstrated expertise in the conservation of
marine turtles.
In addition, this Section states the purpose of this Act is
to assist in the recovery and protection of marine turtles by
supporting and providing financial resources for projects to
conserve nesting habitats of marine turtles in foreign
countries and marine turtles while they are found in such
habitats and to address other threats to the survival of marine
turtles.
Sec. 3. Definitions
This Section defines CITES, conservation, Fund, marine
turtle, Multinational Species Conservation Fund, and Secretary
for purposes of this Act.
Sec. 4. Marine Turtle Conservation Assistance
This Section directs the Secretary of the Interior to
provide financial assistance for projects for the conservation
of marine turtles. Projects may be submitted by wildlife
management authorities of foreign countries or other persons or
groups with expertise in the conservation of marine turtles.
The Secretary shall review each project proposal in a timely
manner to determine if the proposal meets the criteria
specified. The Secretary, after consulting with other
appropriate Federal officials, shall consult on the proposal
with the government of each country in which the project is to
be conducted and approve or disapprove the proposal.
The Secretary may approve a project proposal under this
section if the project will help recover and sustain viable
populations of marine turtles in the wild by assisting efforts
in foreign countries to implement marine turtle conservation
programs. The Secretary shall give preference to conservation
projects that are designed to ensure effective, long-term
conservation of marine turtles and their nesting habitats and
give preference to projects for which matching funds are
available.
Each person that receives assistance under this section for
a project shall submit to the Secretary periodic reports to
determine the progress and success of the project for the
purposes of ensuring positive results, assessing problems, and
fostering improvements. These reports shall be made available
to the public.
Sec. 5. Marine Turtle Conservation Fund
This Section establishes the Marine Turtle Conservation
Fund in the Multinational Species Conservation Fund. The
Secretary may expend not more than 3 percent or up to $80,000
for administrative expenses. The Secretary may accept and use
donations to provide assistance under the Act.
Sec. 6. Advisory Group
This Section authorizes the Secretary to convene an
advisory group of individuals representing public and private
organizations actively involved in the conservation of marine
turtles. The Secretary shall provide public notice of each
meeting of the advisory group. The meetings shall be open to
the public and the minutes of the meetings shall be made
available to the public. The Federal Advisory Committee Act
shall not apply to the advisory group authorized under this
section.
The creation of an advisory group will help increase public
involvement and Federal and private partnerships. Also, it will
provide consistency with the Great Ape Conservation Act and
Neotropical Migratory Bird Conservation Act, both of which were
enacted during the 106th Congress and are administered under
the Multi-national Species Conservation Fund, along with the
Rhinoceros and Tiger Conservation Act and the Asian Elephant
Conservation Act.
Sec. 7. Authorization of Appropriations
This Section authorizes $5,000,000 for each of fiscal years
2004 through 2008.
Legislative History
S. 2897, the ``Marine Turtle Conservation Act of 2002'' was
introduced on September 3, 2002, by Senator Jeffords.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2897 on September 26, 2002. The committee agreed to
an amendment by Senator Jeffords by voice vote. Later that day
the committee met again to complete action on the bill and
voted to report S. 2897, as amended, by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 2897
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 2897 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
Changes to Existing Law
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.