[Senate Report 109-217]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
2nd Session 109-217
_______________________________________________________________________
Calendar No. 365
UNITED STATES-RUSSIA POLAR BEAR CONSERVATION AND MANAGEMENT ACT OF 2005
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2013
DATE deg.February 27, 2006.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
second session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DEMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
Ken Nahigian, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Calendar No. 365
109th Congress Report
SENATE
2nd Session 109-217
======================================================================
UNITED STATES-RUSSIA POLAR BEAR CONSERVATION AND MANAGEMENT ACT OF 2005
_______
February 27, 2006.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2013]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2013) to amend the Marine
Mammal Protection Act of 1972 to implement the Agreement on the
Conservation and Management of the Alaska-Chukotka Polar Bear
Population, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 2013 is to provide the necessary
implementing legislation for the United States to enforce the
Agreement on the Conservation and Management of the Alaska-
Chukotka Polar Bear Population (Polar Bear Treaty), a bilateral
agreement between the United States and Russia aimed at
assuring the long-term, science-based conservation of the
Alaska-Chukotka polar bear population, and the regulation of
its use for subsistence purposes by native people.
Background and Needs
On November 13, 1973, the Agreement on the Conservation of
Polar Bears (1973 Agreement) was agreed to by countries with
wild polar bear populations. This was the first step in the
international conservation of polar bears. The 1973 Agreement
is a multilateral treaty to which the United States and Russia
are parties. The other parties are Norway, Canada, and Denmark.
The 1973 Agreement provides authority for a subsistence harvest
of polar bears and provides for habitat conservation.
The Polar Bear Treaty, signed by the United States and Russia
in 2000, provides legal protections for the Alaska-Chukotka
polar bear population beyond those found in the 1973 Agreement.
Illegal harvest of polar bears in Russia is significant and at
levels that in the past caused population depletion. The Polar
Bear Treaty would prohibit any taking of polar bears from the
population that is inconsistent with its terms or the terms of
the 1973 Agreement, and includes binding harvest limits. The
Polar Bear Treaty also establishes a U.S.-Russia Polar Bear
Commission (Commission) to consider scientific information on
polar bears and their habitat, set annual limits on harvests,
and recommend related conservation measures to the parties.
Annual harvest limits will be equally divided between the
United States and Russia. In addition, the Polar Bear Treaty
provides for greater data collection, analysis, and sharing of
information on the status of this polar bear population.
The Senate Foreign Relations Committee held a hearing on the
Polar Bear Treaty on June 17, 2003, and favorably reported the
Treaty at its Executive Session held on July 23, 2003. The full
Senate agreed to the resolution of advice and consent on the
treaty on July 31, 2003. On November 14, 2005 the Senate
Commerce, Science, and Transportation Committee held a full
Committee hearing to discuss implementing legislation for the
Polar Bear Treaty, and the need for a regulatory framework in
both Russia and Alaska to oversee the shared polar bear
population.
Implementing legislation is required for the United States to
ratify and implement the Polar Bear Treaty. The bill, S. 2013,
would provide the necessary authorities, including the
authority to appoint representatives from the United States to
the Commission, and the authority to enforce the agreement.
The Native people of Alaska and Russia play an essential role
in the conservation of polar bears and will continue to be at
the forefront of decision making with implementation of the
Polar Bear Treaty. The work of the Nanuuq Commission, which was
formed in 1994 to represent the Native hunters and villages in
North and Northwest Alaska in the negotiations on the Polar
Bear Treaty, provide for the collection of samples from polar
bears and research on the migration and denning patterns of the
shared population of polar bears. Reliable biological
information, including scientific data and traditional
knowledge of Native people, will assist in the development of
an effective strategy for the conservation and management of
the Alaska-Chukotka polar bear population as contemplated under
the Treaty.
Russia has already ratified the Polar Bear Treaty, and has
put in place the appropriate regulatory framework for its
implementation. Implementation will be through the Russian
Ministry of Natural Resources. Russia is prepared to appoint
Commissioners once the United States has ratified the
agreement.
Summary of Provisions
The bill, S. 2013, would amend the Marine Mammal Protection
Act of 1972 (MMPA) to implement the Agreement between the
Government of the United States of America and the Government
of the Russian Federation on the Conservation and Management of
the Alaska-Chukotka Polar Bear Population. The implementing
provisions of the bill would become title V of the MMPA.
The bill would prohibit the possession, import, export,
transport, sale, receipt, acquisition, or purchase of any polar
bear (or any part or product thereof) that is taken in
violation of the Polar Bear Treaty, and provide enforcement
authority for violations.
The bill also would establish a process by which one
representative of the United States government and one
representative of the Native people of Alaska would be
appointed to serve on the bi-national Commission established by
the Polar Bear Treaty. The Commission would determine annual
take limits and the adoption of other measures to restrict the
taking of polar bears for subsistence purposes. The Commission
would also provide a forum for considering scientific
information on polar bears and polar bear habitat, and would
provide recommendations for relevant conservation measures.
Legislative History
On November 14, 2005, the Committee held a hearing to examine
the status of the Polar Bear Treaty and on necessary
implementing legislation. S. 2013 was introduced on November
15, 2005, by Committee Chairman Ted Stevens (R-AK) (and
cosponsored by Committee Co-Chairman Senator Daniel Inouye (D-
HI) and Senator Lisa Murkowski (R-AK)), and referred to the
Senate Committee on Commerce, Science, and Transportation. On
November 17, 2005, the Committee considered the bill in open
Executive Session. Senator Stevens offered S. 2013 as
introduced, and, without objection, ordered S. 2013 reported
without amendment.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraphs (1) and (2) of that subsection
in order to expedite the business of the Senate. deg.
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 10, 2006.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2013, the United
States-Russia Polar Bear Conservation and Management Act of
2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Donald B. Marron,
Acting Director
Enclosure.
S. 2013--United States-Russia Polar Bear Conservation and Management
Act of 2005
Summary: S. 2013 would direct the U.S. Fish and Wildlife
Service (USFWS) to implement the Agreement Between the
Government of the United States of America and the Government
of the Russian Federation on the Conservation and Management of
the Alaska-Chukotka Polar Bear Population, signed on October
16, 2002. For this purpose, the bill would authorize the
appropriation of $4 million for each of fiscal years 2006
through 2010. S. 2013 also would establish criminal fines and
civil penalties to be imposed on anyone who violates
prohibitions under the bill against transactions involving
polar bears or their organs.
Assuming appropriation of the authorized amounts, CBO
estimates that carrying out S. 2013 would cost $1 million in
fiscal year 2006 and $16 million over the 2006-2010 period.
Enacting the bill would result in additional revenues (and
associated direct spending) from civil and criminal fines as
well as new direct spending, but we estimate that such amounts
would be minimal.
Section 4 of the Unfunded Mandates Reform Act (UMRA)
excludes from the application of that act any legislative
provisions that are necessary for the ratification or
implementation of international treaty obligations. CBO has
determined that, because S. 2013 would implement the U.S.-
Russia Polar Bear Treaty, it falls within that exclusion. CBO
has thus not reviewed the bill for the presence of mandates.
Estimated costs to the Federal Government: The estimated
budgetary impact of S. 2013 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2006 2007 2008 2009 2010
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level............. 4 4 4 4 4
Estimated Outlays............... 1 3 4 4 4
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2013 will be enacted during fiscal year 2006 and that the
amounts authorized will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
similar programs of the USFWS.
S. 2013 contains fines and product-forfeiture provisions
that are similar to those imposed under the Lacey Act, which
prohibits sales, imports, and other transactions involving
endangered species. Enacting the bill could thus affect
revenues from civil and criminal fines. CBO estimates, however,
that any increase in revenues would be less than $500,000
annually. Moreover, such changes would be offset by increases
in direct spending from the Crime Victims Fund (where criminal
fines are deposited) or the resource management account of the
USFWS (where civil fines are deposited and used for rewards to
informers and other program costs).
Intergovernmental and private-sector impact: Section 4 of
UMRA excludes from the application of that act any legislative
provisions that are necessary for the ratification or
implementation of international treaty obligations. CBO has
determined that because S. 2013 would implement the U.S.-Russia
Polar Bear Treaty, it falls within that exclusion. CBO has thus
not reviewed the bill for the presence of mandates.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Marjorie Mille. Impact
on the Private Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 2013 as reported by the Committee would authorize
appropriations to implement title V, the United States-Russia
Polar Bear Conservation and Management Act of 2005, of the
Marine Mammal Protection Act. The bill would have no regulatory
impact on the Alaska Native subsistence harvest of polar bears.
ECONOMIC IMPACT
The bill, as reported, would provide authorization levels of
$3,000,000 for the Secretary of the Interior for each of fiscal
years 2006 through 2010, $500,000 is authorized for the
Commission for each of fiscal years 2006 through 2010, $500,000
is authorized for the Alaskan Cooperative Management Program
for each of fiscal years 2006 through 2010 to carry out this
title and the agreement in Alaska. These funding levels are not
expected to have an inflationary impact on the Nation's
economy.
PRIVACY
The reported bill would have little, if any, impact on the
personal privacy of U.S. citizens.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector.
Section-by-Section Analysis
Section 1. Short title
This section sets forth the short title of the bill, ``The
United States-Russia Polar Bear Conservation and Management Act
of 2005.''
Section 2. Amendment of Marine Mammal Protection Act of 1972
This section would amend the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.) by adding a title V at the end
containing the following sections:
Section 501. Definitions
This section defines the following terms used in the new
title:
Agreement.--The term ``agreement'' means the
agreement between the governments of the United States and
Russia on the shared population of polar bears.
Alaska Nanuuq Commission.--The term ``Alaska Nanuuq
Commission'' means an entity that represents the villages of
Alaska that take polar bears for subsistence purposes.
Import.--The term ``import'' means to land, bring
into, or introduce into the United States.
Native People.--The term ``Native People'' has the
meaning given the term in the Agreement.
Polar Bear Part or Product.--The term ``polar bear
part or product'' means any part of a polar bear, including the
gall bladder.
Secretary--The term ``Secretary'' means Secretary of
the Interior.
Taking.--The term ``taking'' means hunting,
capturing, or killing a polar bear.
United States/Russia Polar Bear Commission.--The
term ``United States/Russia Polar Bear Commission'' means the
bi-national commission established under article 8 of the
Agreement.
United States Section.--The term ``United States
Section'' means the commissioners appointed by the President
under section 505.
Section 502. Prohibitions
This section states that it is unlawful for any person to
take, possess, or trade any polar bear in violation of the
Agreement. This includes importing, exporting, possessing,
transporting, selling, receiving, acquiring, purchasing,
exchanging, bartering, or offering to sell, exchange, or barter
for any polar bear or any part or product of a polar bear.
Exceptions would be made for government officials
specifically, forensic testing, or any other law enforcement
purpose.
Section 503. Administration and enforcement
This section provides that the Secretary of the Interior,
acting through the United States Fish and Wildlife Service,
would implement, enforce, and administer the provisions of the
Agreement on behalf of the United States. The Secretary would
be required to consult with the Secretary of State, the Marine
Mammal Commission, and the Alaska Nanuuq Commission on matters
involving the implementation of the Agreement.
Forfeiture.--A person or entity in possession of a polar bear
or parts of a polar bear found to be in violation will be
subject to having the polar bear seized along with any
equipment involved in the violation. This includes traps, guns,
vehicles, vessels, aircraft or other means of transportation.
Inspection.--Any person authorized by the Secretary of the
Interior, the Secretary of the Treasury, the Secretary of
Homeland Security, or the Secretary of Commerce to enforce this
title may detain, inspect, and seize any container, including
the contents of the container, and all accompanying documents,
upon importation or exportation of polar bears or polar bear
parts.
Applicable Law.--All provisions of law relating to the
seizure, forfeiture, and condemnation of property for violation
of the customs laws or the proceeds from the sale of that
property apply.
Civil Penalties.--A penalty of not more than $50,000 may be
imposed by the Secretary for each violation.
Criminal Penalties.--For a person who knowingly violates
section 502, a fine of not more than $100,000 for each such
violation, imprisonment not more than one year, or both may be
imposed by the Secretary.
District Court Jurisdiction.--The United States district
courts, including the courts specified in section 460 of title
28, United States Code, have jurisdiction over any action
arising under this title. The United States District Court for
the District of Alaska has exclusive original jurisdiction of
any action arising under this title for any violation
committed, or alleged to have been committed, in Alaska.
Section 504. Designation and appointment of members of the U.S. Section
of the Commission and compensation
This section describes the appointment process and
compensation for the members of the Commission. Two
commissioners would be appointed by the President in
consultation with the Secretary of Interior, Congressional
leaders, and the Alaska Nanuuq Commission. Of the two
appointees, one would be required to be an official of the
Federal Government and the other would be required to be a
representative of the Alaska Native people. Both must have
practical knowledge of polar bears. The Commissioners would
serve a four-year term at the pleasure of the President.
Vacancies would be filled by the same process as described for
original appointees. This section also provides for the
appointment of alternate commissioners by the Secretary of
Interior. The alternates would exercise all functions of an
absent Commissioner. The alternates are eligible for
reappointment by the President and may attend all meetings of
the United States Section. Members of the U.S. Section will
serve without compensation. Travel expenses and per diem is
permitted.
Section 505. Votes taken by the U.S. Section on matters before the
Commission
This section describes the voting process of the U.S.
Section. The U.S. Section would vote on any issue before the
Commission, but only if there is no disagreement between both
U.S. Commissioners regarding the vote.
Section 506. Implementation of actions taken by Commission
This section directs the Secretary of the Interior to take
all necessary actions to implement the decisions of the
Commission. Within 60 days after the Secretary receives a
notice of the Commission setting an annual taking limit, the
Secretary would be required to publish the taking limit of
Polar Bears in the Federal Register.
Section 507. Cooperative management agreement; Authority to delegate
enforcement authority
This section allows the Secretary of the Interior, through
the U.S. Fish and Wildlife Service, to share the management
authority for the taking of polar bears with the Alaska Nanuuq
Commission. For the Alaska Nanuuq Commission to be eligible for
cooperative management authority it would be required to meet
the following requirements:
Enter into a cooperative agreement with the
Secretary under section 119 of the title.
Monitor the compliance with the title.
Administer its co-management program in
accordance with the title, the agreement, and the
Agreement on the Conservation of Polar Bears, done at
Oslo, Norway, November 15, 1973 (27 UST 3918; TIAS
8409).
Section 508. Application with other titles of Act
This section provides that the Secretary of the Interior's
authority would be in addition to, and would not affect, the
Secretary's authority under other titles of this Act or the
Lacey Act.
Section 509. Authorization of appropriations
This section authorizes the appropriation, for each of fiscal
years 2006 through 2010, of $3 million to the Secretary of the
Interior, $500,000 to the Commission, and $500,000 to the
Alaskan Cooperative Management Program to carry out this title
and the Agreement in Alaska.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
Marine Mammal Protection Act of 1972
TITLE V--ALASKA-CHUKOTKA POLAR BEARS
SEC. 501. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means the
Agreement Between the Government of the United States
of America and the Government of the Russian Federation
on the Conservation and Management of the Alaska-
Chukotka Polar Bear Population, signed at Washington,
D.C., on October 16, 2000.
(2) Alaska nanuuq commission.--The term ``Alaska
Nanuuq Commission'' means the Alaska Native entity, in
existence on the date of enactment of this Act, that
represents all villages in the State of Alaska that
engage in the annual subsistence taking of polar bears
from the Alaska-Chukotka population and any successor
entity.
(3) Import.--The term ``import'' means to land on,
bring into, or introduce into, or attempt to land on,
bring into, or introduce into, any place subject to the
jurisdiction of the United States, without regard to
whether the landing, bringing, or introduction
constitutes an importation within the meaning of the
customs laws of the United States.
(4) Native people.--The term ``Native people'' has
the meaning given the term in the Agreement.
(5) Polar bear part or product.--The term ``part or
product of a polar bear'' means any polar bear part or
product, including the gall bile and gall bladder.
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(7) Taking.--The term ``taking'' means hunting,
capturing, or killing a polar bear.
(8) United states-russia polar bear commission.--The
term ``United States-Russia Polar Bear Commission''
means the binational commission established under
article 8 of the Agreement.
(9) United states section.--The term ``United States
Section'' means the commissioners appointed by the
President under section 505 of this title.
SEC. 502. PROHIBITIONS.
(a) In General.--It is unlawful for any person--
(1) to take any polar bear in violation of the
Agreement;
(2) to take any polar bear in violation of any annual
taking limit or other restriction on the taking of
polar bears that is adopted by the United States-Russia
Polar Bear Commission pursuant to the Agreement;
(3) to import, export, possess, transport, sell,
receive, acquire, purchase, exchange, barter, or offer
to sell, exchange, or barter any polar bear, or any
part or product of a polar bear, that is taken in
violation of the Agreement or any limit or restriction
on taking that is adopted by the United States-Russia
Polar Bear Commission;
(4) to import, export, possess, transport, sell,
receive, acquire, purchase, exchange, or barter, offer
to sell, exchange, or barter, polar bear gall bile or a
polar bear gall bladder;
(5) to attempt to commit, solicit another person to
commit, or cause to be committed, any offense under
this subsection; or
(6) to violate any regulation promulgated by the
Secretary to implement any of the prohibitions
established in this subsection.
(b) Exceptions.--For the purpose of forensic testing or any
other law enforcement purpose, a government official may import
a polar bear or any part or product of a polar bear.
SEC. 503. ADMINISTRATION AND ENFORCEMENT.
(a) In General.--The Secretary, acting through the United
States Fish and Wildlife Service, shall do all things necessary
and appropriate, including the promulgation of regulations, to
implement, enforce, and administer the provisions of the
Agreement on behalf of the United States. The Secretary shall
consult with the Secretary of State, the Marine Mammal
Commission, and the Alaska Nanuuq Commission on matters
involving the implementation of the Agreement. The Secretary
may utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal
agency, any State agency, or the Alaska Nanuuq Commission for
purposes of carrying out this title or the Agreement. Any
person authorized by the Secretary under this subsection to
enforce this title or the Agreement shall have the powers and
authorities that are enumerated in section 6(b) of the Lacey
Act Amendments of 1981 (16 U.S.C. 3375(b)).
(b) Forfeiture.--
(1) Requirement.--
(A) In general.--A polar bear, or any part or
product of a polar bear, that is (or attempted
to be) imported, exported, taken, possessed,
transported, sold, received, acquired,
purchased, exchanged, or bartered or offered
for sale, exchange, or barter, or purchase, in
violation of this title, shall be subject to
seizure and forfeiture to the United States
without any showing that may be required for
assessment of a civil penalty or for criminal
prosecution.
(B) Equipment.--Each gun, trap, net, or other
equipment used, and any vessel, vehicle,
aircraft, or other means of transportation
used, to aid in the violation or attempted
violation of this title shall be subject to
forfeiture to the United States upon conviction
of a criminal violation in accordance with
subsection (e).
(2) Inspection.--
(A) In general.--Any person authorized by the
Secretary, the Secretary of the Treasury, the
Secretary of Homeland Security, or the
Secretary of Commerce to enforce this title
may--
(i) detain and inspect any container,
including the contents of the
container, and all accompanying
documents, upon importation or
exportation of the container;
(ii) search and, if the container is
found to contain a polar bear or part
or product of a polar bear, seize the
package, crate, or container, and any
documentation associated with it, with
or without a warrant.
(B) Treatment of seized materials.--
(i) In general.--Except as provided
in clause (ii), any polar bear, or any
part or product of a polar bear, seized
under this section shall be held by any
person authorized by the Secretary, the
Secretary of the Treasury, the
Secretary of Homeland Security, or the
Secretary of Commerce pending
disposition of civil or criminal
proceedings, or the institution of an
action in rem for forfeiture of the
polar bear, part, or product, in
accordance with this subsection.
(ii) Bond.--Subject to clause (iii),
in lieu of holding a polar bear or any
part or product of a polar bear
described in clause (i), the Secretary
may permit the owner to post a bond or
other surety satisfactory to the
Secretary.
(iii) Disposal.--Upon forfeiture of
any property to the United States under
this subsection, or the abandonment or
waiver of any claim to any such
property, the property shall be
disposed of by the Secretary in such a
manner, consistent with the purposes of
this title, as the Secretary shall by
regulation prescribe.
(3) Applicable law.--
(A) In general.--Subject to subparagraph (B),
the following provisions of law described in
subparagraph (B) shall apply to all seizures
and forfeitures carried out under this title:
(i) All provisions of law relating to
the seizure, forfeiture, and
condemnation of property for violation
of the customs laws.
(ii) All provisions of law relating
to the disposition of seized or
forfeited property or the proceeds from
the sale of that property.
(iii) All provisions of law relating
to the remission or mitigation of that
forfeiture.
(iv) Section 981 of title 18, United
States Code.
(B) Exception.--All powers, rights, and
duties conferred or imposed by the customs laws
upon any officer or employee of the Department
of Treasury shall, for the purpose of this
title, be exercised or performed by--
(i) the Secretary or the Secretary's
designee; or
(ii) such persons as the Secretary
may designate.
(c) Civil Penalties.--
(1) Penalties.--
(A) In general.--Any person who knowingly
engages in conduct prohibited by section 502,
or who in the exercise of due care should know
that the person is engaging in conduct
prohibited by section 502, may be assessed a
civil penalty by the Secretary of not more than
$50,000 for each violation.
(B) Notice and opportunity for hearing.--No
penalty may be assessed against a person under
this paragraph unless the person is given
notice and opportunity for a hearing with
respect to the violation for which the penalty
is assessed.
(C) Separate offenses.--Each violation shall
be a separate offense.
(D) Remission and mitigation.--A civil
penalty assessed under this paragraph may be
remitted or mitigated by the Secretary.
(E) Civil action.--Upon any failure by a
person to pay a civil penalty assessed under
this paragraph--
(i) the Secretary may request the
Attorney General to bring a civil
action in the United States district
court for any district in which the
person is found, resides, or transacts
business to collect the penalty; and
(ii) the court shall have
jurisdiction to hear and decide any
such action.
(F) Standard.--A court shall hear and sustain
a civil action by the Secretary under
subparagraph (E) if the civil action is
supported by substantial evidence on the record
considered as a whole.
(2) Procedure.--
(A) In general.--A hearing held during
proceedings for the assessment of a civil
penalty under paragraph (1) shall be conducted
in accordance with section 554 of title 5,
United States Code.
(B) Subpoenas.--The Secretary may issue
subpoenas for the attendance and testimony of
witnesses and the production of relevant
papers, books, and documents, and administer
oaths.
(C) Reimbursement of witnesses.--A witness
summoned to appear in a proceeding under this
paragraph shall be paid the same fees and
mileage that are paid to witnesses in the
courts of the United States.
(D) Contumacy.--In case of contumacy or
refusal to obey a subpoena served upon any
person under this paragraph--
(i) the United States district court
for any district in which the person is
found, resides, or transacts business,
upon application by the United States
and after notice to the person, shall
have jurisdiction to issue an order
requiring the person to appear and give
testimony before the Secretary, to
appear and produce documents before the
Secretary, or both; and
(ii) any failure to obey such an
order of the court may be punished by
the court as a contempt of the court.
(d) Criminal Penalties.--A person who knowingly violates
section 502 shall be fined not more than $100,000 for each such
violation, imprisoned not more than 1 year, or both.
(e) District Court Jurisdiction.--
(1) In general.--The United States district courts,
including the courts specified in section 460 of title
28, United States Code, shall have jurisdiction over
any action arising under this title.
(2) Alaskan cases.--Notwithstanding paragraph (1),
the United States District Court for the district of
Alaska shall have exclusive original jurisdiction of
any action arising under this title for any violation
committed, or alleged to have been committed, in
Alaska.
(f) Other Enforcement.--The importation or exportation of a
polar bear, or any part or product of a polar bear, that is
taken, possessed, transported, sold, received, acquired,
purchased, exchanged, or bartered or offered for sale,
exchange, or barter, or purchase, in violation of the Agreement
or any limitation or restriction of the United States-Russia
Polar Bear Commission shall be considered to be transportation
of wildlife for the purpose of section 3(a) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3372(a)).
(g) Regulations.--
(1) In general.--The Secretary shall promulgate such
regulations as are necessary to carry out this title
and the Agreement.
(2) Ordinances and regulations.--If necessary to
carry out this title and the Agreement, and to improve
compliance with the annual taking limit or other
restriction on taking adopted by the United States-
Russia Polar Bear Commission and implemented by the
Secretary in accordance with this title, the Secretary
may promulgate regulations that adopt any ordinance or
regulation that restricts the taking of polar bears for
subsistence purposes if the ordinance or regulation has
been promulgated by the Alaska Nanuuq Commission.
(h) Use of Penalty Amounts.--Amounts received as penalties,
fines, or forfeiture of property under this section shall be
used in accordance with section 6(d) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375(d)).
(i) Severability.--If any provision of this title is, for any
reason, found to be invalid by a court of competent
jurisdiction, the judgment of the court--
(1) shall not affect, impair, or invalidate the
remaining provisions of this title; and
(2) shall instead be confined in its operation to
provision of the Act directly involved in the
controversy in which the judgment is rendered.
SEC. 504. DESIGNATION AND APPOINTMENT OF MEMBERS OF THE UNITED STATES
SECTION OF THE COMMISSION; COMPENSATION, TRAVEL
EXPENSES, AND CLAIMS.
(a) Designation and Appointment.--
(1) In general.--The United States shall be
represented on the United States-Russia Polar Bear
Commission by 2 United States commissioners.
(2) Appointment.--The United States commissioners
shall be appointed by the President, after taking into
consideration the recommendations of--
(A) the Secretary;
(B) the Secretary of State;
(C) the Speaker of the House of
Representatives and the President pro tempore
of the Senate; and
(D) the Alaska Nanuuq Commission.
(3) Qualifications.--With respect to the United
States commissioners appointed under this subsection,
in accordance with paragraph 2 of article 8 of the
Agreement--
(A) 1 United States commissioner shall be an
official of the Federal Government;
(B) 1 United States commissioner shall be a
representative of the Native people of Alaska,
and, in particular, the Native people for whom
polar bears are an integral part of their
culture; and
(C) both commissioners shall be knowledgeable
of, or have expertise in, polar bears.
(4) Service and term.--Each United States
commissioner shall serve--
(A) at the pleasure of the President; and
(B) for an initial 4-year term and such
additional terms as the President shall
determine.
(5) Vacancies.--
(A) In general.--Any individual appointed to
fill a vacancy occurring before the expiration
of any term of office of a United States
commissioner shall be appointed for the
remainder of that term.
(B) Manner.--Any vacancy on the United
States-Russia Polar Bear Commission shall be
filled in the same manner as the original
appointment.
(b) Alternate Commissioners.--
(1) In general.--The Secretary, in consultation with
the Secretary of State, the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Alaska Nanuuq Commission, shall
designate an alternate commissioner for each member of
the United States Section.
(2) Duties.--In the absence of a commissioner, an
alternate commissioner may exercise all functions of
the commissioner at any meetings of the United States-
Russia Polar Bear Commission or of the United States
Section.
(3) Reappointment.--An alternate commissioner--
(A) shall be eligible for reappointment by
the President; and
(B) may attend all meetings of the United
States Section.
(c) Duties.--The members of the United States Section may
carry out the functions and responsibilities described in
article 8 of the Agreement in accordance with this title and
the Agreement.
(d) Compensation and Expenses.--
(1) Compensation.--A member of the United States
Section shall serve without compensation.
(2) Travel expenses.--A member of the United States
Section shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the United States-Russia
Polar Bear Commission.
(e) Agency Designation.--The United States Section shall, for
the purpose of title 28, United States Code, relating to claims
against the United States and tort claims procedure, be
considered to be a Federal agency.
SEC. 505. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE
THE COMMISSION.
In accordance with paragraph 3 of article 8 of the
Agreement, the United States Section shall vote on any issue
before the United States-Russia Polar Bear Commission only if
there is no disagreement between the 2 United States
commissioners regarding the vote.
SEC. 506. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION.
(a) In General.--The Secretary shall take all necessary and
appropriate actions to implement the decisions and
determinations of the United States-Russia Polar Bear
Commission under paragraph 7 of article 8 of the Agreement.
(b) Taking Limitation.--Not later than 60 days after the date
on which the Secretary receives notice of the determination of
the United States-Russia Polar Bear Commission of an annual
taking limit, or of the adoption by the United States-Russia
Polar Bear Commission of other restriction on the taking of
polar bears for subsistence purposes, the Secretary shall
publish a notice in the Federal Register announcing the
determination or restriction.
SEC. 507. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO DELEGATE
ENFORCEMENT AUTHORITY.
(a) In General.--The Secretary, acting through the United
States Fish and Wildlife Service, may share authority under
this title for the management of the taking of polar bears for
subsistence purposes with the Alaska Nanuuq Commission.
(b) Delegation.--To be eligible for the cooperative
management authority described in subsection (a), the Alaska
Nanuuq Commission--
(1) shall have an active cooperative agreement with
the Secretary under section 119 of this title for the
conservation of polar bears;
(2) shall meaningfully monitor compliance with this
title and the Agreement by Alaska Natives; and
(3) shall administer its co-management program for
polar bears in accordance with--
(A) this title;
(B) the Agreement; and
(C) the Agreement on the Conservation of
Polar Bears, done at Oslo, November 15, 1973
(27 UST 3918; TIAS 8409).
SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.
(a) In General.--The authority of the Secretary under this
title is in addition to, and shall not affect the authority of
the Secretary under, the other titles of this Act or the Lacey
Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the
exemption for Alaskan natives under section 101(b) of this Act.
(b) Certain Provisions Inapplicable.--The provisions of
titles I through IV of this Act do not apply with respect to
the implementation, enforcement, or administration of this
title.''.
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary to carry out the functions and responsibilities
of the Secretary under this title and the Agreement $3,000,000
for each of fiscal years 2006 through 2010.
(b) Commission.--There are authorized to be appropriated to
the Secretary to carry out functions and responsibilities of
the United States Section $500,000 for each of fiscal years
2006 through 2010.
(c) Alaskan Cooperative Management Program.--There are
authorized to be appropriated to the Secretary to carry out
this title and the Agreement in Alaska $500,000 for each of
fiscal years 2006 through 2010.