I 

108TH CONGRESS 

1ST SESSION H. R. 2142

To amend the Marine Mammal Protection Act of 1972 to repeal the longterm goal for reducing to zero the incidental mortality and serious 

injury of marine mammals in commercial fishing operations, and to 

modify the goal of take reduction plans for reducing such takings. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2003

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To amend the Marine Mammal Protection Act of 1972 to 

repeal the long-term goal for reducing to zero the incidental mortality and serious injury of marine mammals 

in commercial fishing operations, and to modify the goal 

of take reduction plans for reducing such takings.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MODIFICATION OF GOALS FOR REDUCING INCI4 DENTAL TAKE OF MARINE MAMMALS IN COM5 MERCIAL FISHING. 

6 (a) REPEAL OF ZERO MORTALITY GOAL.—Section 

7 118 of the Marine Mammal Protection Act of 1972 (16 
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1 U.S.C. 1387) is amended by striking subsection (b), and 

2 by redesignating subsections (c) through (l) in order as 

3 subsections (b) through (k). 

4 (b) CONFORMING AMENDMENTS.—Such Act is fur5 ther amended as follows: 

6 (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) 

7 by striking the third sentence. 

8 (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 

9 1371(a)(5)(E)(i)(III) by striking ‘‘subsection (d)’’ 

10 and inserting ‘‘subsection (c)’’. 

11 (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) 

12 by striking ‘‘section 118(f)(1)’’ and inserting ‘‘sec13 tion 118(e)(1)’’. 

14 (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) 

15 in subparagraph (D) by striking ‘‘, and an analysis’’ 

16 and all that follows through the end of the subpara17 graph and inserting a semicolon. 

18 (5) In section 118 (16 U.S.C. 1387) by striking 

19 ‘‘subsection (c)(1)(A) (i)’’ each place it appears and 

20 inserting ‘‘subsection (b)(1)(A) (i)’’. 

21 (6) In section 118 (16 U.S.C. 1387) by striking 

22 ‘‘subsection (c)(1)(A)(i)’’ each place it appears and 

23 inserting ‘‘subsection (b)(1)(A)(i)’’. 

24 (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) 

25 by striking the last sentence. 
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1 (8) In section 118(b), as redesignated by this 

2 subsection (16 U.S.C. 1387(c)(1)(B)), by striking 

3 ‘‘subsection (e)’’ each place it appears and inserting 

4 ‘‘subsection (d)’’. 

5 (9) In section 118(c)(1)(B), as redesignated by 

6 this subsection (16 U.S.C. 1387(d)(1)(B)), by strik7 ing ‘‘subsection (e)’’ and inserting ‘‘subsection (d)’’. 

8 (10) In section 118(e)(9)(D), as redesignated 

9 by this subsection (16 U.S.C. 1387(f)(9)(D)), by 

10 striking ‘‘subsection (d)’’ and inserting ‘‘subsection 

11 (c)’’. 

12 (11) In section 118(f)(1), as redesignated by 

13 this subsection (16 U.S.C. 1387(g)(1)), by striking 

14 ‘‘subsection (c)(1)(A)(iii)’’ each place it appears and 

15 inserting ‘‘subsection (b)(1)(A)(iii)’’. 

16 (12) In section 118(g), as redesignated by this 

17 subsection (16 U.S.C. 1387(h)), by striking ‘‘sub18 section (c)’’ and inserting ‘‘subsection (b)’’. 

19 (13) In section 120(j)(2) (16 U.S.C. 

20 1389(j)(2)) by striking ‘‘118(f)(5)(A)’’ and inserting 

21 ‘‘118(e)(5)(A)’’. 

22 (c) MODIFICATION OF GOAL OF TAKE REDUCTION

23 PLANS.—Section 118(e)(2) of such Act, as redesignated 

24 by subsection (a) of this section (16 U.S.C. 1387(f)(2)), 

25 is amended by striking the last sentence and inserting the 
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1 following: ‘‘The long-term goal of the plan shall be to re2 duce, within 5 years of its implementation, the incidental 

3 mortality or serious injury of marine mammals inciden4 tally taken in the course of fishing operations taking into 

5 account the economics of the fishery, the availability of 

6 existing technology, and existing State and regional fish7 ery management plans.’’.

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