39–006 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–787 

PRESCOTT MARINE MAMMAL STRANDING PROGRAM 

AMENDMENTS OF 2004 

NOVEMBER 19, 2004.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5104] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 5104) to amend the Marine Mammal Protection Act of 1972 

to authorize appropriations for the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes, 

having considered the same, report favorably thereon without 

amendment and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 5104 is to amend the Marine Mammal Protection Act of 1972 to authorize appropriations for the John H. 

Prescott Marine Mammal Rescue Assistance Grant Program, and 

for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Marine Mammal Protection Act (MMPA) was enacted in 

1972 to protect and conserve marine mammal populations. The 

original Act established a moratorium on the taking or importing 

of marine mammals and marine mammal products except for certain activities which are regulated and permitted. The MMPA defines ‘‘take’’ as ‘‘to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill any marine mammal.’’ Under the Act, the 

Secretaries of Commerce and the Interior share jurisdiction of marine mammals in the wild. Interior has jurisdiction over sea otters, 

polar bears, manatees, dugongs, and walrus, while Commerce has 

jurisdiction over all other marine mammals. 

2 

In 1992, Congress enacted the Marine Mammal Health and 

Stranding Response Act (Title IV of the MMPA) which: (1) statutorily recognized the marine mammal stranding network; (2) established procedures for responding to unusual mortality events affecting marine mammals; and (3) established the National Marine 

Mammal Tissue Bank. 

However, most marine mammal strandings are not associated 

with unusual mortality events. They involve the recovery of a dead 

marine mammal or the rescue of an animal that can be rehabilitated and released back into the wild. In most cases, this assistance is provided by small, underfunded members of the Marine 

Mammal Stranding Network, who take on the financial burden to 

rescue and rehabilitate stranded mammals. 

In 2000, the John H. Prescott Marine Mammal Rescue Assistance Grant Program was enacted into law (Public Law 106–555). 

This federal grant program was established to help defray the high 

cost of recovery and rehabilitation of marine mammals that fall 

outside the existing MMPA Title IV program. The Prescott stranding assistance program allows eligible Stranding Network participants to use funds for: (1) recovery and treatment of marine mammals; (2) collection of scientific data from live and dead animals; 

and (3) improving the treatment and operation of rescue and rehabilitation centers. 

The overall MMPA was also amended in 1994. These amendments established a new incidental take regime for commercial 

fisheries and required the National Marine Fisheries Service 

(NMFS) to institute marine mammal stock assessments and abundance estimates to provide the necessary scientific basis for a new 

incidental take regime. A captive marine mammal inventory was 

also established and is maintained by NMFS. The permit process 

was eased for scientific research and for educational and commercial photography. The permit process was also modified for the public display community, allowing them to notify the relevant Secretary 15 days prior to a transfer, export, or sale of a marine mammal instead of applying for additional permits. Furthermore, no additional permits were to be required for the progeny of captive marine mammals. A process authorizing cooperative agreements between Alaska natives and the agency of jurisdiction for the management and conservation of marine mammals was also established. The Pinniped-Fishery Interaction Task Forces were authorized to review the interactions of marine mammals with fish populations on the west coast with regard to listed salmon stocks, and 

for the Gulf of Maine with respect to aquaculture facilities. 

H.R. 5104 authorizes $5 million in appropriations for each fiscal 

year 2005–2009 for the grant program. It also authorizes appropriations for the Unusual Mortality Event Fund ($125,000 for each 

fiscal year 2005–2009). The bill also prohibits the relevant Secretary from retaining funds beyond those for administrating the 

Prescott Grant Program, and requires that any unused administration funds shall be included in the grant funding. The bill also allows the relevant Secretary to accept gifts to administer the Prescott Grant Program. H.R. 5104 also contains provisions from H.R. 

2693, the Marine Mammal Protection Act Amendments of 2003, 

which the Committee passed in November 2003, addressing many 

of the 1994 MMPA amendments. 

3 

COMMITTEE ACTION

H.R. 5104 was introduced on September 17, 2004, by Congressman Wayne Gilchrest (R–MD). The bill was referred to the Committee on Resources. On September 22, 2004, the Full Resources 

Committee met to consider the bill. There were no amendments offered and the bill was ordered favorably reported to the House of 

Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section cites the bill as the ‘‘Prescott Marine Mammal 

Stranding Program Amendments of 2004.’’ 

Section 2. Amendment references 

This section states that any amendment or repeal of a section 

shall be made to such section of the Marine Mammal Protection 

Act of 1972. 

Section 3. Authorization of appropriations for John H. Prescott Marine Mammal Rescue Assistance Grant Program 

This section also authorizes appropriations for the Prescott Grant 

Program and the Unusual Mortality Event Fund authorized in section 409 of the MMPA. 

This section amends Title IV of the Marine Mammal Protection 

Act to authorize the relevant Secretary to enter into response 

agreements for marine mammal entanglements in addition to 

strandings. The term entanglement is also defined in this section. 

The Secretary is prohibited from retaining funds under MMPA 

section 408 (Prescott Grant Program), except for administrative 

costs. Any remaining funds are required to be issued in the form 

of grants to stranding facilities. 

Section 4. Technical corrections 

This section replaces ‘‘Committee on Merchant Marine and Fisheries’’ with ‘‘Committee on Resources’’ and deletes an obsolete reference in MMPA section 118. 

Section 5. Limited authority to export marine mammal products 

This section clarifies that any U.S. citizen who legally possesses 

a marine mammal product may export it in conjunction with travel 

outside the U.S. These exports shall be for non-commercial purposes and the product has to be imported back into the U.S. at the 

termination of travel. A foreign national is also allowed to export 

a marine mammal product for noncommercial purposes. This section also allows native handicrafts to be exported for noncommercial purposes if owned by a native of Canada, Greenland or Russia 

or if possessed by an Alaska Native and exported as a part of a cultural exchange. The import language in section 101(a)(6)(A)(i) of 

the MMPA is amended to state that imports are for non-commercial purposes. 

Section 6. Take reduction plans 

This section amends MMPA section 118 to include recreational 

fisheries in the list of fisheries that could have interactions with 

4 

marine mammals that are frequent or occasional and result in the 

incidental mortality and serious injury of marine mammals. NMFS 

would be required to include both commercial and recreational fishermen’s interactions with marine mammals in assessing whether a 

particular fishery should be placed in either category I (frequent incidental mortality or serious injury) or category II (occasional incidental mortality and serious injury). All recreational fishermen 

who participate in a category I or II fishery would be required to 

obtain the same annual authorizations and file the same reports 

regarding marine mammal interactions as are now required of commercial fishermen. In such cases, a recreational fishing representative will also be included in the take reduction plan process. 

This section does not alter existing law for category III fisheries 

where there is only a remote likelihood of or no known incidental 

mortality or serious injury of marine mammals. By not expanding 

category III to include the millions of recreational fishermen who 

only fish with rods and reels, the regulatory burden on both the 

relevant Secretary and the public is kept to a minimum. However, 

the Committee strongly supports the inclusion of those recreational 

fisheries using commercial-type fishing gear, if they are contributing to the mortality or serious injury to marine mammals in a 

category I or II fishery. These recreational fishermen should be 

subject to the same regulatory requirements as commercial fishermen when using the same gear and having the same affect on marine mammals. 

The timelines in this section are modified to allow the Secretary 

of Commerce additional time to meet the requirements of this section. The Secretary will be given six extra months to complete the 

take reduction plans. The Committee was concerned with groups 

using missed timelines as the basis for litigation against the Secretary. The Committee believes the extension to the timelines in 

this section will not reduce protections for marine mammals, but 

will provide litigation relief for the Secretary allowing staff and 

funding to be used for conservation and management activities 

rather than preparing documents for litigation. 

The Secretary of Commerce, where appropriate, should include at 

take reduction team meetings a representative from each of the following National Oceanic and Atmospheric Administration (NOAA) 

offices—the NOAA General Counsel office, the appropriate regional 

Administrator’s office, NMFS fisheries, and NMFS law enforcement. 

This section also requires the relevant Secretary to reconvene a 

take reduction team (TRT) and explain any differences the Secretary makes between the draft plan, which was drafted by the 

TRT, and the published plan. A TRT should not be reconvened for 

minor changes to a plan, which might include technical or unsubstantial changes like typographical errors. Instead, the Secretary 

should reconvene a TRT when changes are made to the reduction 

measures required in the plan which were recommended by the 

TRT. It is the understanding of the Committee that the involvement of additional agency personnel, as mentioned above, early in 

the process will help facilitate the process and ensure that appropriate measures are included in the TRT’s recommendations. 

This section clarifies that contributions from private sources can 

be used for observers, research, education and outreach programs. 

5 

This section gives the Secretary some flexibility on convening 

TRTs. After notice and pubic comment, the Secretary may decide 

not to convene TRTs for those fisheries that are having a negligible 

impact on the marine mammal stock. This flexibility will allow the 

Secretary to focus staff time and resources on those fisheries that 

have high interactions with marine mammals. 

This section amends MMPA 118(a)(1) and (b)(1) to delete the 

phrase ‘‘within 7 years after the date of enactment of this section.’’ 

Discussions with the agency have clarified that the removal of the 

expired date should not adversely affect how NMFS must now implement the zero mortality rate goal under MMPA section 118, 16 

U.S.C. 1387. The removal of the expired date does not require immediate development of a take reduction plan. As stated in the Administration’s views letter, section 118 requires NMFS to develop 

and implement take reduction plans for commercial fisheries that 

have an incidental mortality inconsistent with the zero mortality 

rate goal. However, the take reduction process remains dependent 

on prioritization and availability of information and resources. Specifically, section 118(f)(3) of the MMPA provides priorities for development and implementation of take reduction plans if funds are insufficient for all necessary plans. The deletion of the expired date 

removes potential litigation and frees the agency to prioritize and 

implement the requirements of this section. 

This section also clarifies that MMPA 118(c)(3)(E), which applies 

to category III fisheries, is a requirement for commercial vessels 

only. Owners of a vessel are not subject to penalties of the Act if 

they report any incidental mortality or injury of marine mammals 

in the course of the fishery. 

A conforming amendment to MMPA section 101(a)(5)(E) has been 

included to clarify that both commercial and recreational fisheries 

can incidentally take endangered marine mammals, as long as the 

taking would have a negligible effect and is in accordance with a 

take reduction plan. 

MMPA section 117(a)(4) is amended to require that conservation 

benefits provided by State and regional fishery management regulations be included in the scientific review of marine mammal 

stocks. Similar changes are made in the take reduction plan process in section 118, to allow the take reduction teams to review the 

conservation benefits of state and regional fishery management 

regulations. 

The Committee is concerned that benefits of State and regional 

management actions may have been overlooked by TRTs in the 

past and the measures and the benefits these regulations may have 

had on marine mammal populations have been ignored. The Committee intends that State and regional management measures 

should be factored into the TRT process. The Committee does not 

want this process to become burdensome on the TRT; however, 

every effort should be made to understand what actions have been 

taken and how commercial fisheries may have changed due to 

State or regional management measures and if those changes have 

been beneficial to marine mammal populations. The TRT should 

work to ensure that measures are developed to protect marine 

mammals, but it should include an analysis of restrictions already 

in place from State and regional management actions. 

6 

Section 7. Pinniped research 

This section amends MMPA section 120 to require the relevant 

Secretary to conduct research on the nonlethal removal and control 

of nuisance pinnipeds. The Secretary shall include representatives 

from commercial and recreational fishing industries and where appropriate use independent marine mammal research institutions. 

The Secretary shall report annually to the House Committee on Resources and the Senate Committee on Commerce, Science and 

Transportation. 

This section authorizes ‘‘Qualified Nonlethal Control Projects.’’ 

The relevant Secretary is authorized to issue grants to a State, 

local government, or interstate or regional agency to carry out and 

monitor or maintain a nonlethal control of nuisance pinnipeds 

project. The grants are authorized for up to two years and the recipient is required to report to the Secretary when the grant expires. The report is required to contain information on the methods 

and techniques used and the ensuing results. The federal share of 

these projects shall not exceed 75% of the overall cost. In-kind contributions are authorized for the non-federal share of the activity. 

This section authorizes an appropriation of $1.5 million for these 

activities. 

Section 8. Marine Mammal Commission 

This section deletes the $100 per diem rate cap and clarifies the 

staffing authorization for the Commission. It also removes the requirement that the Commission use the General Services Administration for its financial and administrative services. 

Section 9. Scrimshaw exemption 

This section continues the permits for those individuals with preEndangered Species Act ivory to continue to possess, carve, and sell 

the ivory for the authorization period of this bill. 

Section 10. Captive release prohibition 

This section amends section 102 of the MMPA to make it illegal 

to release a captive marine mammal without prior approval from 

the relevant Secretary. Temporary releases by the Navy are not 

subject to this prohibition due to current authorizations for their 

activities. 

Section 11. Tropical treaty conforming amendments 

This section makes a technical and clarifying change to the Dolphin Protection Consumer Information Act. The reference to ‘‘160 

degrees west longitude’’ is changed to ‘‘150 degrees west longitude’’. 

Section 12. Permit clarifications 

This section amends MMPA section 104(c)(7) to make it clear 

that the relevant Secretary is required to issue a public display 

permit to a facility holding a stranded animal that has been determined under the guidelines developed under MMPA section 402(a) 

to not meet the standards for release. The Committee does not intend that permits be given to those marine mammals that can be 

legitimately rehabilitated for release in the wild; however, the 

Committee is very concerned that the Secretaries have not been 

issuing public display permits to facilities caring for stranded aniVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR787.XXX HR787
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mals that are not viable release candidates. The Committee’s intent is that facilities shall receive public display permits for animals that do not meet the release requirements. The Committee 

does not intend for the issuance of these permits to diminish research activities involving these animals and encourages the facilities to continue to work with the Secretaries to allow important research activities to continue on these animals. 

The Committee commends the public display community for its 

role in the conservation and management of marine mammals. Activities sponsored by public display facilities—research, educational 

programs and presentations, animal husbandry, breeding, and rescue and rehabilitation—are important aspects to the conservation 

of marine mammals. The rescue and rehabilitation programs run 

by these facilities are critical to the survival of stranded animals 

and for many years participating institutions ran these programs 

using their own funds. In addition, these facilities play an invaluable role for the general public. These public display facilities are 

the only place for many Americans to view marine mammals and 

learn about the conservation needs of these animals. These facilities help generate the general public’s good will toward marine 

mammals and develop their support for conservation and management measures for these and many other ocean creatures. 

This section amends the export provisions of MMPA section 104 

to clarify that the Secretary of Agriculture is the appropriate entity 

for determining the adequacy of facilities holding captive marine 

mammals. No marine mammal may be exported for the purpose of 

public display, scientific research, or enhancing the survival or recovery of a species or stock unless the Secretary of Agriculture determines and then notifies the relevant Secretary that the receiving 

facility meets standards of care and maintenance that are comparable to the standards of care and maintenance required for a 

person to receive a permit under this subsection for that purpose. 

The Secretary may not require or request, through comity or any 

other means, that any exported marine mammal or its progeny remain subject to the jurisdiction of the United States when located 

in waters or on lands that are subject to the jurisdiction of another 

country. 

The inventory provision subsection (c)(10) is amended to clarify 

that the inventory is for marine mammals in facilities under the 

jurisdiction of the United States. In addition, it clarifies that the 

inventory is to be updated annually. It is further amended to specify that facilities have ownership of the marine mammals in their 

care. 

This section also requires the Secretaries of Commerce and the 

Interior to jointly conduct a review of the marine mammal inventory regarding the use of the information in the inventory, and the 

costs, benefits, and issues associated with potentially providing the 

information through an online inventory. 

Section 13. Fisheries gear development 

This section amends section 111 to authorize the Secretary of 

Commerce to carry out a program of research and development for 

the purpose of devising improved fishing methods and gear to reduce, to the maximum extent practicable, the incidental taking of 

marine mammals in connection with fishing operations. It authorVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR787.XXX HR787
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izes a mini-grant program, subject to the availability of appropriations, and allows the Secretary to receive donations to carry out the 

grant program. An authorization of appropriation of $1.5 million 

for each of the fiscal years 2005–2009 is also included. 

Section 14. Marine mammal research grants 

This section amends MMPA section 110 to delete expired provisions and authorize the relevant Secretary to make grants or other 

financial assistance to Federal or State agencies, public or private 

institutions, or other persons to undertake research in subjects relevant to the protection and conservation of marine mammals, and 

the ecosystem upon which they depend. The relevant Secretary is 

authorized to receive gifts to carry out this section. An authorization of appropriation of $1.5 million for each of the fiscal years 

2005–2009 is also included. 

Section 15. Fines and penalties 

This section increases the fines in MMPA section 105 from 

$10,000 to $20,000 for civil penalties and from $20,000 to $30,000 

for criminal penalties. It also increases the penalty in MMPA section 106 from $25,000 to $35,000. 

Section 16. Cooperative agreements in Alaska 

This section amends MMPA section 119 to allow the Secretaries 

of Commerce and the Interior, in coordination with Alaska Native 

organizations, to develop harvest management plans within existing or newly developed cooperative management agreements. The 

Alaska Native organizations are authorized to adopt regulations 

and ordinances, that apply to Alaska Natives only, to implement 

the harvest management plan. The relevant Secretary is required 

to solicit recommendations from Alaska Native organizations when 

developing regulations and will publish each harvest management 

plan entered into under this section. Appropriations are authorized 

for the Secretaries of Commerce and the Interior to carry out the 

provisions of this section for fiscal years 2005–2009. 

Section 17. Annual report requirement 

This section reinstates the requirement that the Secretaries of 

Commerce and the Interior report annually to Congress on the current status of marine mammals. 

This section also requires federal agencies that conduct and provide funds for research on marine mammals to report annually to 

the Committee on Resources and the Senate Committee on Commerce, Science, and Transportation. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

9 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, credit authority, or a decrease 

in tax expenditures. The Congressional Budget Office estimates 

that implementing H.R. 5104 would cost $1 million in 2005 and 

$47 million over the 2005–2009 period. The bill could increase revenues and subsequent direct spending of those revenues but the 

Congressional Budget Office expects that any increase in direct 

spending and revenues would be negligible. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Marine Mammal Protection Act of 1972 

to authorize appropriations for the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 15, 2004. 

Hon. RICHARD W. POMBO, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5104, the Prescott Marine 

Mammal Stranding Program Amendments of 2004. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 5104—Prescott Marine Mammal Stranding Program Amendments of 2004 

Summary: H.R. 5104 would authorize appropriations for programs to protect and conserve marine mammals. CBO estimates 

that implementing the bill would cost $1 million in 2005 and $47 

million over the 2005–2009 period, assuming appropriation of the 

authorized amounts. We also estimate that H.R. 5104 would inVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR787.XXX HR787
10 

crease both direct spending and revenues by less than $500,000 a 

year. 

H.R. 5104 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Alaska Native organizations, universities, and other public entities 

that participate in grant programs or cooperative agreements 

would incur costs voluntarily. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5104 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— 

2005 2006 2007 2008 2009 

CHANGES IN SPENDING SUBJECT TO APPROPRIATIONS 

Authorization Level ........................................................................................ 16 16 16 16 16 

Estimated Outlays ......................................................................................... 1 5 11 14 16 

Basis of estimate: H.R. 5104 would authorize the appropriation of $16 million a year over the 2005–2009 period for programs to 

protect and conserve marine mammals. The amount authorized for 

each year includes $6 million to support efforts by Alaska Native 

organizations to manage marine mammals for subsistence, $5 million for grants to organizations that rescue marine mammals, $3 

million for research on pinnipeds and marine mammals, $1.5 million for efforts to design fishing equipment that minimizes adverse 

impacts on marine mammals, and $125,000 for grants to respond 

to stranded animals. Based on historical spending patterns for 

similar programs, CBO estimates that fully funding those activities 

would cost $1 million in 2005 and $47 million over the 2005–2009 

period. 

In addition, H.R. 5104 could increase revenues and subsequent 

direct spending of those revenues. The bill would increase fines for 

certain violations of federal law related to the protection of marine 

mammals. Under current law, the Secretary of the Interior can 

spend such fines, without further appropriation, for programs to 

protect and conserve those mammals. Based on information from 

the Department of the Interior, CBO expects that a relatively small 

number of cases would be affected and that any increases in revenues and direct spending from this provision would be negligible. 

Intergovernmental and private-sector impact: H.R. 5104 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local or tribal governments. Alaska Native organizations, universities, and other public 

entities that participate in grant programs or cooperative agreements would incur costs voluntarily. 

Estimate prepared by: Federal Costs: Megan Carroll (226–2860); 

Impact on State, Local, and Tribal Governments: (225–3220); and 

Impact on the Private Sector: Amina Masood (226–2949). 

Estimate approved by: Robert A. Sunshine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

11 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

MARINE MAMMAL PROTECTION ACT OF 1972 

* * * * * * * 

DEFINITIONS

SEC. 3. For the purposes of this Act— 

(1) The term ‘‘depletion’’ or ‘‘depleted’’ means any case in 

which— 

(A) the Secretary, after consultation with the Marine 

Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under title II øof 

this Act,¿ and, for any stock subject to a cooperative management agreement with a harvest management plan entered into under section 119, those Alaska Native organizations that are signatories to such an agreement, determines 

that a species or population stock is below its optimum 

sustainable population; 

* * * * * * * 

TITLE I—CONSERVATION AND PROTECTION OF MARINE 

MAMMALS 

MORATORIUM AND EXCEPTIONS

SEC. 101. (a) There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this Act, during which time no permit may be issued for the taking of any marine mammal and no 

marine mammal or marine mammal product may be imported into 

the United States except in the following cases: 

(1) * * * 

* * * * * * * 

(5)(A) * * * 

* * * * * * * 

(E)(i) During any period of up to 3 consecutive years, the 

Secretary shall allow the incidental, but not the intentional, 

taking by persons using vessels of the United States or vessels 

which have valid fishing permits issued by the Secretary in accordance with section 204(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)), while engaging in commercial or recreational fishing operations, of marine mammals from a species or stock designated as depleted 

because of its listing as an endangered species or threatened 

12 

species under the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.) if the Secretary, after notice and opportunity for 

public comment, determines that— 

(I) the incidental mortality and serious injury from commercial or recreational fisheries will have a negligible impact on such species or stock; 

(II) a recovery plan has been developed or is being developed for such species or stock pursuant to the Endangered 

Species Act of 1973; and 

(III) where required under section 118, a monitoring program is established under subsection (d) of such section, 

vessels engaged in such fisheries are registered in accordance with such section, and a take reduction plan has been 

developed or is being developed for such species or stock. 

* * * * * * * 

(iii) If, during the course of the commercial or recreational 

fishing season, the Secretary determines that the level of incidental mortality or serious injury from commercial or recreational fisheries for which a determination was made under 

clause (i) has resulted or is likely to result in an impact that 

is more than negligible on the endangered or threatened species or stock, the Secretary shall use the emergency authority 

granted under section 118 to protect such species or stock, and 

may modify any permit granted under this paragraph as necessary. 

* * * * * * * 

(6)(A) A marine mammal product may be imported into the 

United States if the product— 

(i) was legally possessed and exported by any citizen of 

the United States for noncommercial purposes in conjunction with travel outside the United States, provided that 

the product is imported into the United States by the same 

person upon the termination of travel; 

* * * * * * * 

(B) A marine mammal product may be exported from the 

United States if the product— 

(i) is legally possessed, and exported by, a citizen of the 

United States for noncommercial purposes in conjunction 

with travel outside the United States and the product is 

imported into the United States by the same person upon 

the termination of travel; 

(ii) is legally possessed, and exported by, a person that is 

not a citizen of the United States for noncommercial purposes; 

(iii) is legally possessed and exported as part of a cultural exchange, by an Indian, Aleut, or Eskimo residing in 

Alaska; or 

(iv) is owned by a Native inhabitant of Russia, Canada, 

or Greenland and is exported for noncommercial purposes— 

(I) in conjunction with, and upon the completion of, 

travel within the United States; or 

13 

(II) as part of a cultural exchange with an Indian, 

Aleut, or Eskimo residing in Alaska. 

ø(B)¿ (C) For the purposes of this paragraph, the term— 

(i) * * * 

* * * * * * * 

(b) Except as provided in øsection 109¿ sections 109 and 119(c) 

and (d), the provisions of this Act shall not apply with respect to 

the taking of any marine mammal by any Indian, Aleut, or Eskimo 

who resides in Alaska and who dwells on the coast of the North 

Pacific Ocean or the Arctic Ocean if such taking— 

(1) * * * 

* * * * * * * 

PROHIBITIONS

SEC. 102. (a) Except as provided in sections 101, 103, 104, 109, 

111, 113, 114, and 118 of this title and title IV, it is unlawful— 

(1) * * * 

* * * * * * * 

(4) for any person to transport, purchase, sell, export, or offer 

to purchase, sell, or export any marine mammal or marine 

mammal product— 

(A) that is taken in violation of this Act; or 

(B) for any purpose other than public display, scientific 

research, or enhancing the survival of a species or stock as 

provided for under øsubsection 104(c); and¿ section 104(c); 

(5) for any person to use, in a commercial fishery, any means 

or methods of fishing in contravention of any regulations or 

limitations, issued by the Secretary for that fishery to achieve 

the purposes of this Actø.¿; and 

(6) for any person that is subject to the jurisdiction of the 

United States to release any captive marine mammal unless 

specifically authorized to do so under section 104(c)(3)(A), 

104(c)(4)(A), or 109(h), except that this paragraph shall not 

apply to the temporary release of any marine mammal that is— 

(A) maintained in captivity under section 7524 of title 10, 

United States Code (including any progeny of a marine 

mammal maintained under that section); or 

(B) the progeny of a marine mammal excluded from coverage under this Act by section 102(e). 

* * * * * * * 

REGULATIONS ON TAKING OF MARINE MAMMALS

SEC. 103. (a) * * * 

* * * * * * * 

(f) Within six months after the effective date of this Act and 

every twelve months thereafter and notwithstanding Public Law 

104–66,, the Secretary shall report to the public through publication in the Federal Register and to the Congress on the current status of all marine mammal species and population stocks subject to 

the provisions of this Act. His report shall describe those actions 

taken and those measures believed necessary, including where apVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR787.XXX HR787
14 

propriate, the issuance of permits pursuant to this title to assure 

the well-being of such marine mammals. 

(g) The head of each Federal agency that conducts and provides 

funds for research on marine mammals shall report annually to the 

Committee on Resources of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate 

on funding provided and research conducted regarding marine 

mammals during the preceding year. 

PERMITS

SEC. 104. (a) * * * 

* * * * * * * 

(c)(1) * * * 

* * * * * * * 

(7) Upon request by a person for a permit under paragraph 

(2), (3), or (4) for a marine mammal which is in the possession 

of any person authorized to possess it under this Act and 

which is determined under guidance under section 402(a) not 

to be releasable to the wild, the Secretary shall issue the permit to the person requesting the permit notwithstanding any 

other provision of law if that person— 

(A) * * * 

* * * * * * * 

ø(9) No marine mammal may be exported for the purpose of 

public display, scientific research, or enhancing the survival or 

recovery of a species or stock unless the receiving facility meets 

standards that are comparable to the requirements that a person must meet to receive a permit under this subsection for 

that purpose.¿ 

(9)(A) No marine mammal may be exported— 

(i) for the purpose of public display, unless the Secretary 

of Agriculture evaluates and verifies, and thereafter notifies 

the Secretary, that the receiving facility meets standards 

that are comparable to the requirements that a person must 

meet to receive a permit under this subsection for that purpose; or 

(ii) for the purpose of scientific research or enhancing the 

survival or recovery of a species or stock, unless the receiving facility meets standards that are comparable to the requirements that a person must meet to receive a permit 

under this subsection for that purpose. 

(B) The Secretary may not require or request, through comity 

or any other means, that any marine mammal or its progeny 

remain subject to the jurisdiction of the United States when located in waters or on lands that are subject to the jurisdiction 

of another country. 

(10) The Secretary shall establish and maintain an inventory 

of all marine mammals held within the lands and waters of the 

United States possessed pursuant to permits issued under 

paragraph (2)(A), by persons exercising rights under paragraph 

(2)(C), and all progeny of such marine mammals held within 

the lands and waters of the United States. The Secretary shall 

update the inventory on an annual basis. The inventory shall 

15 

contain, for each marine mammal, only the following information which shall be provided by a person holding a marine 

mammal under this Act: 

(A) * * * 

* * * * * * * 

(D) The date of ownership, or other acquisition or disposition of the marine mammal by the permit holder. 

* * * * * * * 

PENALTIES

SEC. 105. (a)(1) Any person who violates any provision of this 

title or of any permit or regulation issued thereunder, except as 

provided in section 118, may be assessed a civil penalty by the 

Secretary of not more than ø$10,000¿ $20,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. 

Each unlawful taking or importation shall be a separate offense. 

Any such civil penalty may be remitted or mitigated by the 

Secretary for good cause shown. Upon any failure to pay a penalty 

assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the 

United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court 

shall have jurisdiction to hear and decide any such action. 

* * * * * * * 

(b) Any person who knowingly violates any provision of this title 

or of any permit or regulation issued thereunder (except as provided in section 118) shall, upon conviction, be fined not more than 

ø$20,000¿ $30,000 for each such violation, or imprisoned for not 

more than one year, or both. 

VESSEL FINE, CARGO FORFEITURE, AND REWARDS

SEC. 106. (a) * * * 

(b) Any vessel subject to the jurisdiction of the United States 

that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than 

ø$25,000¿ $35,000. Such penalty shall be assessed by the district 

court of the United States having jurisdiction over the vessel. 

Clearance of a vessel against which a penalty has been assessed, 

from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel 

which may be recovered by action in rem in the district court of 

the United States having jurisdiction over the vessel. 

* * * * * * * 

ENFORCEMENT

SEC. 107. (a) Except as otherwise provided in this title, the Secretary shall enforce the provisions of this title. The Secretary may 

utilize, by agreement, the personnel, services, and facilities of any 

other Federal agency, or of an Alaska Native organization for purposes of enforcing this title pursuant to a harvest management plan 

16 

with the organization under section 119 for purposes of enforcing 

this title. 

* * * * * * * 

MARINE MAMMAL RESEARCH GRANTS

SEC. 110. ø(a) The Secretary is authorized to make grants, or to 

provide financial assistance in such other form as he deems appropriate, to any Federal or State agency, public or private institution, 

or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects which are relevant to the protection and conservation of marine mammals. In 

carrying out this subsection, the Secretary shall undertake a program of, and shall provide financial assistance for, research into 

new methods of locating and catching yellowfin tuna without the 

incidental taking of marine mammals. The Secretary shall include 

a description of the annual results of research carried out under 

this section in the report required under section 103(f).¿ 

(a) AUTHORIZATION OF ASSISTANCE; ANNUAL REPORT.— (1) AUTHORIZATION OF ASSISTANCE.—The Secretary may 

make grants, or provide financial assistance in such other form 

as the Secretary considers appropriate, to any Federal or State 

agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects that are relevant to the protection and 

conservation of marine mammals, and the ecosystems upon 

which they depend, including, but not limited to, the Bering/ 

Chukchi Sea ecosystem and the California coastal marine ecosystem. 

(2) INCLUSION OF INFORMATION IN REPORTS.—The Secretary 

shall include a description of the annual results of research carried out with assistance under this section in the report required under section 103(f). 

(3) CONTRIBUTIONS.—For purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, 

and use gifts, devises, and bequests. 

* * * * * * * 

ø(c)(1) No later than 1 year after the date of enactment of the 

Marine Mammal Protection Act Amendments of 1994, the Secretary of Commerce shall convene a regional workshop for the Gulf 

of Maine to assess human-caused factors affecting the health and 

stability of that marine ecosystem, of which marine mammals are 

a part. The workshop shall be conducted in consultation with the 

Marine Mammal Commission, the adjacent coastal States, individuals with expertise in marine mammal biology and ecology, representatives from environmental organizations, the fishing industry, and other appropriate persons. The goal of the workshop shall 

be to identify such factors, and to recommend a program of research and management to restore or maintain that marine ecosystem and its key components that— 

ø(A) protects and encourages marine mammals to develop to 

the greatest extent feasible commensurate with sound policies 

of resource management; 

ø(B) has as the primary management objective the maintenance of the health and stability of the marine ecosystems; 

17 

ø(C) ensures the fullest possible range of management options for future generations; and 

ø(D) permits nonwasteful, environmentally sound development of renewable and nonrenewable resources. 

ø(2) On or before December 31, 1995, the Secretary of Commerce 

shall submit to the Committee on Merchant Marine and Fisheries 

of the House of Representatives and the Committee on Commerce, 

Science and Transportation of the Senate a report containing the 

results of the workshop under this subsection, proposed regulatory 

or research actions, and recommended legislative action. 

ø(d)(1) The Secretary of Commerce, in consultation with the Secretary of the Interior, the Marine Mammal Commission, the State 

of Alaska, and Alaska Native organizations, shall, not later than 

180 days after the date of enactment of the Marine Mammal Protection Act Amendments of 1994, undertake a scientific research 

program to monitor the health and stability of the Bering Sea marine ecosystem and to resolve uncertainties concerning the causes 

of population declines of marine mammals, sea birds, and other living resources of that marine ecosystem. The program shall address 

the research recommendations developed by previous workshops on 

Bering Sea living marine resources, and shall include research on 

subsistence uses of such resources and ways to provide for the continued opportunity for such uses. 

ø(2) To the maximum extent practicable, the research program 

undertaken pursuant to paragraph (1) shall be conducted in Alaska. The Secretary of Commerce shall utilize, where appropriate, 

traditional local knowledge and may contract with a qualified Alaska Native organization to conduct such research. 

ø(3) The Secretary of Commerce, the Secretary of the Interior, 

and the Commission shall address the status and findings of the 

research program in their annual reports to Congress required by 

sections 103(f) and 204 of this Act.¿ 

(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section there is authorized to be appropriated to the Secretary 

$1,500,000 for each of fiscal years 2005 through 2009. 

COMMERCIAL FISHERIES GEAR DEVELOPMENT

SEC. 111. ø(a) The Secretary of the department in which the National Oceanic and Atmospheric Administration is operating (hereafter referred to in this section as the ‘‘Secretary’’) is hereby authorized and directed to immediately undertake a program of research and development for the purpose of devising improved fishing methods and gear so as to reduce to the maximum extent practicable the incidental taking of marine mammals in connection 

with commercial fishing. At the end of the full twenty-four calendar 

month period following the date of the enactment of this Act, the 

Secretary shall deliver his report in writing to the Congress with 

respect to the results of such research and development. For the 

purposes of this section, there is hereby authorized to be appropriated the sum of $1,000,000 for the fiscal year ending June 30, 

1973, and the same amount for the next fiscal year. Funds appropriated for this section shall remain available until expended.¿ 

(a) RESEARCH AND DEVELOPMENT PROGRAM.— 

(1) IN GENERAL.—The Secretary of Commerce (in this section 

referred to as the ‘‘Secretary’’) shall— 

18 

(A) carry out a program of research and development for 

the purpose of devising improved fishing methods and gear 

so as to reduce to the maximum extent practicable the incidental taking of marine mammals in connection with fishing operations; and 

(B) make every practicable effort to develop, evaluate, and 

make available to owners and operators of fishing vessels 

such gear and fishing method improvements as quickly as 

possible. 

(2) COORDINATION WITH OTHER COUNTRIES.—The Secretary 

may coordinate with other countries to foster gear technology 

transfer initiatives to reduce to the maximum extent practicable 

the incidental mortality and serious injury of marine mammals 

throughout the full extent of their range. 

* * * * * * * 

(e) GEAR RESEARCH MINI-GRANT PROGRAM.— 

(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary may establish a grant program to provide 

financial assistance for developing, manufacturing, testing, or 

designing new types of fishing gear designed to reduce to the 

maximum extent practicable the incidental taking (including 

incidental mortality and serious injury) of marine mammals. 

(2) GRANT AMOUNT AND PURPOSES.—The amount of a grant 

under this subsection may not exceed $20,000. 

(3) GRANT APPLICATIONS.—To receive a grant under this section, an applicant must submit an application in such form 

and manner as the Secretary may prescribe. 

(4) CONSULTATION REGARDING CRITERIA.—The Secretary shall 

consult with the Secretary of the Interior and the Marine Mammal Commission regarding the development of criteria for the 

awarding of grants under this subsection. 

(5) ADMINISTRATIVE COSTS.—Of amounts available each fiscal 

year to carry out this subsection, the Secretary may expend not 

more than $40,000 to pay the administrative expenses necessary 

to carry out this subsection. 

(6) CONTRIBUTIONS.—For purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, 

and use gifts, devises, and bequests. 

(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section 

there is authorized to be appropriated to the Secretary $1,500,000 

for each of fiscal years 2005 through 2009. 

* * * * * * * 

APPLICATION TO OTHER TREATIES AND CONVENTIONS

SEC. 113. (a) * * * 

* * * * * * * 

(c) The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall review 

the effectiveness of United States implementation of the Agreement 

on the Conservation of Polar Bears, particularly with respect to the 

habitat protection mandates contained in Article II. The Secretary 

shall report the results of this review to the Committee on øMerchant Marine and Fisheries¿ Resources of the House of RepresentaVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6601 E:\HR\OC\HR787.XXX HR787
19 

tives and the Committee on Commerce, Science, and Transportation of the Senate not later than April 1, 1995. 

(d) Not later than 6 months after the date of enactment of the 

Marine Mammal Protection Act Amendments of 1994, the Secretary of the Interior, acting through the Secretary of State and in 

consultation with the Marine Mammal Commission and the State 

of Alaska, shall consult with the appropriate officials of the Russian Federation on the development and implementation of enhanced cooperative research and management programs for the 

conservation of polar bears in Alaska and Russia. The Secretary 

shall report the results of this consultation and provide periodic 

progress reports on the research and management programs to the 

Committee on øMerchant Marine and Fisheries¿ Resources of the 

House of Representatives and the Committee on Commerce, 

Science and Transportation of the Senate. 

INTERIM EXEMPTION FOR COMMERCIAL FISHERIES

SEC. 114. (a) * * * 

* * * * * * * 

(l)(1) * * * 

* * * * * * * 

(4) On or before January 1, 1992, the Secretary, after consultation with the Marine Mammal Commission, and consideration of 

public comment, shall transmit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

øMerchant Marine and Fisheries¿ Resources of the House of Representatives recommendations pertaining to the incidental taking 

of marine mammals, other than those subject to section 104(h)(2), 

after October 1, 1993. The recommendations shall include— 

(A) * * * 

* * * * * * * 

SEC. 117. STOCK ASSESSMENTS. 

(a) IN GENERAL.—Not later than August 1, 1994, the Secretary 

shall, in consultation with the appropriate regional scientific review group established under subsection (d), prepare a draft stock 

assessment for each marine mammal stock which occurs in waters 

under the jurisdiction of the United States. Each draft stock assessment, based on the best scientific information available, shall— 

(1) * * * 

* * * * * * * 

(4) describe commercial fisheries that interact with the stock, 

including— 

(A) * * * 

* * * * * * * 

(C) seasonal or area differences in such incidental mortality or serious injury; øand¿ 

(D) the rate, based on the appropriate standard unit of 

fishing effort, of such incidental mortality and serious injury, and an analysis stating whether such level is insignificant and is approaching a zero mortality and serious 

injury rate; and 

20 

(E) potential conservation benefits provided by State and 

regional fishery management regulations; 

* * * * * * * 

SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING OPERATIONS. 

(a) IN GENERAL.—(1) Effective on the date of enactment of this 

section, and except as provided in section 114 and in paragraphs 

(2), (3), and (4) of this subsection, the provisions of this section 

shall govern the incidental taking of marine mammals in the 

course of øcommercial¿ fishing operations by persons using vessels 

of the United States or vessels which have valid fishing permits 

issued by the Secretary in accordance with section 204(b) of the 

Magnuson Fishery Conservation and Management Act (16 U.S.C. 

1824(b)). In any event it shall be the immediate goal that the incidental mortality or serious injury of marine mammals occurring in 

the course of øcommercial¿ fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate 

øwithin 7 years after the date of enactment of this section¿. 

* * * * * * * 

(5) Except as provided in section 101(c), the intentional lethal 

take of any marine mammal in the course of øcommercial¿ fishing 

operations is prohibited. 

* * * * * * * 

(b) ZERO MORTALITY RATE GOAL.—(1) Commercial fisheries shall 

reduce incidental mortality and serious injury of marine mammals 

to insignificant levels approaching a zero mortality and serious injury rate øwithin 7 years after the date of enactment of this section¿. 

* * * * * * * 

(3) Three years after such date of enactment, the Secretary shall 

review the progress of all commercial fisheries, by fishery, toward 

reducing incidental mortality and serious injury to insignificant 

levels approaching a zero rate. The Secretary shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate and the Committee on øMerchant Marine and Fisheries¿ Resources of the House of Representatives a report setting forth the 

results of such review within 1 year after commencement of the review. The Secretary shall note any commercial fishery for which 

additional information is required to accurately assess the level of 

incidental mortality and serious injury of marine mammals in the 

fishery. 

* * * * * * * 

ø(c) REGISTRATION AND AUTHORIZATION.—(1) The Secretary shall, 

within 90 days after the date of enactment of this section— 

ø(A) publish in the Federal Register for public comment, for 

a period of not less than 90 days, any necessary changes to the 

Secretary’s list of commercial fisheries published under section 

114(b)(1) and which is in existence on March 31, 1994 (along 

with an explanation of such changes and a statement describing the marine mammal stocks interacting with, and the approximate number of vessels or persons actively involved in, 

21 

each such fishery), with respect to commercial fisheries that 

have— 

ø(i) frequent incidental mortality and serious injury of 

marine mammals; 

ø(ii) occasional incidental mortality and serious injury of 

marine mammals; or 

ø(iii) a remote likelihood of or no known incidental mortality or serious injury of marine mammals;¿ 

(c) REGISTRATION AND AUTHORIZATION.—(1) The Secretary shall, 

within 90 days after the date of enactment of the Marine Mammal 

Protection Act Amendments of 2004— 

(A) publish in the Federal Register for public comment, for a 

period of not less than 90 days, any necessary changes to the 

Secretary’s list of fisheries published under section 114(b)(1) in 

the Federal Register on August 24, 1994 (along with an explanation of such changes and a statement describing the marine 

mammal stocks interacting with, and the approximate number 

of vessels or persons actively involved in, each such fishery), 

with respect to— 

(i) commercial and recreational fisheries that have frequent incidental mortality and serious injury of marine 

mammals; 

(ii) commercial and recreational fisheries that have occasional incidental mortality and serious injury of marine 

mammals; or 

(iii) commercial fisheries that have a remote likelihood of 

or no known incidental mortality or serious injury of marine mammals; 

(B) after the close of the period for such public comment, 

publish in the Federal Register a revised list of øcommercial¿ 

fisheries and an update of information required by subparagraph (A), together with a summary of the provisions of this 

section and information sufficient to advise vessel owners on 

how to obtain an authorization and otherwise comply with the 

requirements of this section; and 

(C) at least once each year thereafter, and at such other 

times as the Secretary considers appropriate, reexamine, based 

on information gathered under this Act and other relevant 

sources and after notice and opportunity for public comment, 

the classification of øcommercial¿ fisheries and other determinations required under subparagraph (A) and publish in the 

Federal Register any necessary changes. 

(2)(A) An authorization shall be granted by the Secretary in accordance with this section for a vessel engaged in a øcommercial¿ 

fishery listed under paragraph (1)(A) (i) or (ii), upon receipt by the 

Secretary of a completed registration form providing the name of 

the vessel owner and operator, the name and description of the vessel, the fisheries in which it will be engaged, the approximate time, 

duration, and location of such fishery operations, and the general 

type and nature of use of the fishing gear and techniques used. 

Such information shall be in a readily usable format that can be 

efficiently entered into and utilized by an automated or computerized data processing system. A decal or other physical evidence 

that the authorization is current and valid shall be issued by the 

Secretary at the time an authorization is granted, and so long as 

22 

the authorization remains current and valid, shall be reissued annually thereafter. 

* * * * * * * 

(3)(A) An owner of a vessel engaged in any fishery listed under 

paragraph (1)(A) (i) or (ii) shall, in order to engage in the lawful 

incidental taking of marine mammals in øa commercial fishery¿ 

that fishery— 

(i) have registered as required under paragraph (2) with the 

Secretary in order to obtain for each such vessel owned and 

used in the fishery an authorization for the purpose of incidentally taking marine mammals in accordance with this sectionø, 

except that owners of vessels holding valid certificates of exemption under section 114 are deemed to have registered for 

purposes of this subsection for the period during which such 

exemption is valid¿; 

* * * * * * * 

(E) Each owner of a vessel engaged in any commercial fishery not 

listed under paragraph (1)(A) (i) or (ii), and the master and crew 

members of such a vessel, shall not be subject to the penalties set 

forth in this title for the incidental taking of marine mammals if 

such owner reports to the Secretary, in the form and manner required under subsection (e), instances of incidental mortality or injury of marine mammals in the course of that fishery. 

* * * * * * * 

(5)(A) * * * 

(B) The Secretary shall utilize newspapers of general circulation, 

fishery trade associations, electronic media, and other means of advising øcommercial¿ fishermen of the provisions of this section and 

the means by which they can comply with its requirements. 

* * * * * * * 

(d) MONITORING OF INCIDENTAL TAKES.—(1) The Secretary shall 

establish a program to monitor incidental mortality and serious injury of marine mammals during the course of øcommercial fishing 

operations¿ fishing operations in a fishery listed under subsection 

(c)(1)(A)(i) or (ii). The purposes of the monitoring program shall be 

to— 

(A) * * * 

* * * * * * * 

ø(C) identify changes in fishing methods or technology that 

may increase or decrease incidental mortality and serious injury.¿ 

(C) identify current fishery regulations and changes in fishing 

methods or technology that may increase or decrease incidental 

mortality and serious injury. 

* * * * * * * 

(3) In determining the distribution of observers among øcommercial fisheries¿ fisheries listed under subsection (c)(1)(A)(i) or (ii) and 

vessels within a fishery, the Secretary shall be guided by the following standards: 

(A) * * * 

* * * * * * * 

23 

(4) To the extent practicable, the Secretary shall allocate observers among øcommercial fisheries¿ fisheries listed under subsection 

(c)(1)(A)(i) or (ii) in accordance with the following priority: 

(A) The highest priority for allocation shall be for øcommercial fisheries¿ fisheries listed under subsection (c)(1)(A)(i) or (ii) 

that have incidental mortality or serious injury of marine 

mammals from stocks listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

(B) The second highest priority for allocation shall be for 

øcommercial fisheries¿ fisheries listed under subsection 

(c)(1)(A)(i) or (ii) that have incidental mortality and serious injury of marine mammals from strategic stocks. 

(C) The third highest priority for allocation shall be for 

øcommercial fisheries¿ fisheries listed under subsection 

(c)(1)(A)(i) or (ii) that have incidental mortality or serious injury of marine mammals from stocks for which the level of incidental mortality and serious injury is uncertain. 

(5) The Secretary may establish an alternative observer program 

to provide statistically reliable information on the species and number of marine mammals incidentally taken in the course of øcommercial fishing operations¿ fishing operations in fisheries listed 

under subsection (c)(1)(A)(i) or (ii). The alternative observer program may include direct observation of fishing activities from vessels, airplanes, or points on shore. 

* * * * * * * 

(e) REPORTING REQUIREMENT.—The owner or operator of a øcommercial¿ fishing vessel subject to this øAct¿ section shall report all 

incidental mortality and injury of marine mammals in the course 

of øcommercial¿ fishing operations to the Secretary by mail or 

other means acceptable to the Secretary within 48 hours after the 

end of each fishing trip on a standard postage-paid form to be developed by the Secretary under this section. Such form shall be capable of being readily entered into and usable by an automated or 

computerized data processing system and shall require the vessel 

owner or operator to provide the following: 

(1) * * * 

* * * * * * * 

ø(f) TAKE REDUCTION PLANS.—(1) The Secretary shall develop 

and implement a take reduction plan designed to assist in the recovery or prevent the depletion of each strategic stock which interacts with a commercial fishery listed under subsection (c)(1)(A) (i) 

or (ii), and may develop and implement such a plan for any other 

marine mammal stocks which interact with a commercial fishery 

listed under subsection (c)(1)(A)(i) which the Secretary determines, 

after notice and opportunity for public comment, has a high level 

of mortality and serious injury across a number of such marine 

mammal stocks.¿ 

(f) TAKE REDUCTION PLANS.—(1) The Secretary shall develop and 

implement a take reduction plan designed to assist in the recovery 

or prevent the depletion of each strategic stock which interacts with 

a fishery listed under subsection (c)(1)(A)(i) or (ii), unless the Secretary determines, after notice and opportunity for public comment, 

that the level of fishery related mortality and serious injury is havVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6603 E:\HR\OC\HR787.XXX HR787
24 

ing a negligible impact on that stock. The Secretary may develop 

and implement a take reduction plan for any other marine mammal 

stocks which interact with a fishery listed under subsection 

(c)(1)(A)(i) which the Secretary determines, after notice and opportunity for public comment, has a high level of mortality and serious 

injury across a number of such marine mammal stocks. 

(2) The immediate goal of a take reduction plan for a strategic 

stock shall be to reduce, within ø6¿ 9 months of its implementation, the incidental mortality or serious injury of marine mammals 

incidentally taken in the course of øcommercial fishing operations¿ 

fishing operations in fisheries listed under subsection (c)(1)(A)(i) or 

(ii) to levels less than the potential biological removal level established for that stock under section 117. The long-term goal of the 

plan shall be to reduce, within 5 years of its implementation, the 

incidental mortality or serious injury of marine mammals incidentally taken in the course of øcommercial fishing operations¿ fishing 

operations in fisheries listed under subsection (c)(1)(A)(i) or (ii) to 

insignificant levels approaching a zero mortality and serious injury 

rate, taking into account the economics of the fishery, the availability of existing technology, and existing conservation benefits of 

State or regional fishery management plans. 

(3) If there is insufficient funding available to develop and implement a take reduction plan for all such stocks that interact with 

øcommercial¿ fisheries listed under subsection (c)(1)(A) (i) or (ii), 

the Secretary shall give highest priority to the development and 

implementation of take reduction plans for species or stocks whose 

level of incidental mortality and serious injury exceeds the potential biological removal level, those that have a small population 

size, and those which are declining most rapidly. 

(4) Each take reduction plan shall include— 

ø(A) a review of the information in the final stock assessment published under section 117(b) and any substantial new 

information;¿ 

(A) a review of the information in the final stock assessment 

published under section 117(b), any substantial new information, a review of the conservation benefits from current State 

and regional fishery management regulations; 

(B) an estimate of the total number and, if possible, age and 

gender, of animals from the stock that are being incidentally 

lethally taken or seriously injured each year during the course 

of øcommercial fishing operations¿ fishing operations in fisheries listed under subsection (c)(1)(A)(i) or (ii), by fishery; 

* * * * * * * 

(5)(A) For any stock in which incidental mortality and serious injury from øcommercial¿ fisheries exceeds the potential biological 

removal level established under section 117, the plan shall include 

measures the Secretary expects will reduce, within ø6¿ 9 months 

of the plan’s implementation, such mortality and serious injury to 

a level below the potential biological removal level. 

(B) For any stock in which human-caused mortality and serious 

injury exceeds the potential biological removal level, other than a 

stock to which subparagraph (A) applies, the plan shall include 

measures the Secretary expects will reduce, to the maximum extent practicable within 6 months of the plan’s implementation, the 

incidental mortality and serious injury by such øcommercial¿ fishVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6601 E:\HR\OC\HR787.XXX HR787
25 

eries from that stock. For purposes of this subparagraph, the term 

‘‘maximum extent practicable’’ means to the lowest level that is feasible for such fisheries within the 6-month period. 

(6)(A) At the earliest possible time ø(not later than 30 days)¿ 

after the Secretary issues a final stock assessment under section 

117(b) for a strategic stock, the Secretary shall, and for stocks that 

interact with a fishery listed under subsection (c)(1)(A)(i) for which 

the Secretary has made a determination under paragraph (1), the 

Secretary may— 

(i) establish a take reduction team for such stock and appoint the members of such team in accordance with subparagraph (C); and 

(ii) publish in the Federal Register a notice of the team’s establishment, the names of the team’s appointed members, the 

full geographic range of such stock, and a list of all øcommercial fisheries¿ fisheries listed under subsection (c)(1)(A)(i) or (ii) 

that cause incidental mortality and serious injury of marine 

mammals from such stock. 

* * * * * * * 

(C) Members of take reduction teams shall have expertise regarding the conservation or biology of the marine mammal species 

which the take reduction plan will address, or the fishing practices 

which result in the incidental mortality and serious injury of such 

species. Members shall include representatives of Federal agencies, 

each coastal State which has fisheries which interact with the species or stock, appropriate Regional Fishery Management Councils, 

interstate fisheries commissions, academic and scientific organizations, environmental groups, all commercial and recreational fisheries groups and gear types which incidentally take the species or 

stock, Alaska Native organizations or Indian tribal organizations, where appropriate a representative of the office of General Counsel 

of the National Oceanic and Atmospheric Administration, a representative of the National Marine Fisheries Service having responsibilities related to fisheries science, a representative of the National 

Marine Fisheries Service having responsibilities related to law enforcement, and a representative of the appropriate National Marine 

Fisheries Service Regional Administrator, and others as the Secretary deems appropriate. Take reduction teams shall, to the maximum extent practicable, consist of an equitable balance among 

representatives of resource user interests and nonuser interests. 

* * * * * * * 

(7) Where the human-caused mortality and serious injury from 

a strategic stock is estimated to be equal to or greater than the potential biological removal level established under section 117 for 

such stock and such stock interacts with a fishery listed under subsection (c)(1)(A) (i) or (ii), the following procedures shall apply in 

the development of the take reduction plan for the stock: 

(A)(i) Not later than ø6¿ 9 months after the date of establishment of a take reduction team for the stock, the team shall 

submit a draft take reduction plan for such stock to the Secretary, consistent with the other provisions of this section. 

* * * * * * * 

26 

(B)(i) The Secretary shall take the draft take reduction plan 

into consideration and, not later than ø60¿ 120 days after the 

submission of the draft plan by the team, the Secretary shall 

publish in the Federal Register the plan proposed by the team, 

any changes proposed by the Secretary with an explanation of 

the reasons therefor, and proposed regulations to implement 

such plan, for public review and comment during a period of 

not to exceed 90 days. Before publishing any plan that is different than the draft plan proposed by a take reduction team, 

the Secretary shall reconvene the team and explain to the team 

the differences between the published plan and the draft plan 

proposed by the team. 

(ii) In the event that the take reduction team does not submit a draft plan to the Secretary within ø6¿ 9 months, the Secretary shall, not later than ø8¿ 11 months after the establishment of the team, publish in the Federal Register a proposed 

take reduction plan and implementing regulations, for public 

review and comment during a period of not to exceed 90 days. 

(C) Not later than ø60¿ 90 days after the close of the comment period required under subparagraph (B), the Secretary 

shall issue a final take reduction plan and implementing regulations, consistent with the other provisions of this section. 

(D) The Secretary shall, during a period of 30 days after publication of a final take reduction plan, utilize newspapers of 

general circulation, fishery trade associations, electronic media, 

and other means of advising øcommercial¿ fishermen of the requirements of the plan and how to comply with them. 

* * * * * * * 

(8) Where the human-caused mortality and serious injury from 

a strategic stock is estimated to be less than the potential biological removal level established under section 117 for such stock and 

such stock interacts with a fishery listed under subsection (c)(1)(A) 

(i) or (ii), or for any marine mammal stocks which interact with a 

øcommercial¿ fishery listed under subsection (c)(1)(A)(i) for which 

the Secretary has made a determination under paragraph (1), the 

following procedures shall apply in the development of the take reduction plan for such stock: 

(A) * * * 

* * * * * * * 

(C) Not later than ø60¿ 180 days after the close of the comment period required under subparagraph (B), the Secretary 

shall issue a final take reduction plan and implementing regulations, consistent with the other provisions of this section. 

(D) The Secretary shall, during a period of 30 days after publication of a final take reduction plan, utilize newspapers of 

general circulation, fishery trade associations, electronic media, 

and other means of advising øcommercial¿ fishermen of the requirements of the plan and how to comply with them. 

* * * * * * * 

(9) In implementing a take reduction plan developed pursuant to 

this subsection, the Secretary may, where necessary to implement 

a take reduction plan to protect or restore a marine mammal stock 

27 

or species covered by such plan, promulgate regulations which include, but are not limited to, measures to— 

(A) establish fishery-specific limits on incidental mortality 

and serious injury of marine mammals in øcommercial fisheries or restrict commercial fisheries¿ fisheries listed under 

subsection (c)(1)(A)(i) or (ii) or restrict such fisheries by time or 

area; 

(B) require the use of alternative øcommercial¿ fishing gear 

or techniques and new technologies, encourage the development of such gear or technology, or convene expert skippers’ 

panels; 

(C) educate øcommercial¿ fishermen, through workshops and 

other means, on the importance of reducing the incidental mortality and serious injury of marine mammals in affected øcommercial¿ fisheries; and 

(D) monitor, in accordance with subsection (d), the effectiveness of measures taken to reduce the level of incidental mortality and serious injury of marine mammals in the course of 

øcommercial fishing operations¿ participation in a fishery listed under subsection (c)(1)(A)(i) or (ii). 

* * * * * * * 

(g) EMERGENCY REGULATIONS.—(1) If the Secretary finds that the 

incidental mortality and serious injury of marine mammals from 

øcommercial fisheries¿ fisheries listed under subsection (c)(1)(A)(i) 

or (ii) is having, or is likely to have, an immediate and significant 

adverse impact on a stock or species, the Secretary shall take actions as follows: 

(A) * * * 

* * * * * * * 

(3) Emergency regulations prescribed under this subsection— 

(A) shall be published in the Federal Register, together with 

an explanation thereof; 

(B) shall remain in effect for not more than 180 days or until 

the end of the applicable øcommercial¿ fishing season, whichever is earlier; and 

* * * * * * * 

(4) If the Secretary finds that incidental mortality and serious injury of marine mammals in a øcommercial fishery¿ fishery listed 

under subsection (c)(1)(A)(i) or (ii) is continuing to have an immediate and significant adverse impact on a stock or species, the Secretary may extend the emergency regulations for an additional period of not more than 90 days or until reasons for the emergency 

no longer exist, whichever is earlier. 

* * * * * * * 

(j) CONTRIBUTIONS.—For purposes of carrying out this section, including observer, research, and education and outreach programs, 

the Secretary may accept, solicit, receive, hold, administer, and use 

gifts, devises, and bequests. 

* * * * * * * 

SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA. 

ø(a) IN GENERAL.—The Secretary may enter into cooperative 

agreements with Alaska Native organizations to conserve marine 

28 

mammals and provide co-management of subsistence use by Alaska 

Natives. 

ø(b) GRANTS.—Agreements entered into under this section may 

include grants to Alaska Native organizations for, among other 

purposes— 

ø(1) collecting and analyzing data on marine mammal populations; 

ø(2) monitoring the harvest of marine mammals for subsistence use; 

ø(3) participating in marine mammal research conducted by 

the Federal Government, States, academic institutions, and 

private organizations; and 

ø(4) developing marine mammal co-management structures 

with Federal and State agencies.¿ 

(a) IN GENERAL.—The Secretary may enter into cooperative management agreements with Alaska Native organizations to conserve 

and manage any stock of marine mammals and provide comanagement of subsistence use by Alaska Natives. Such agreements may 

include a harvest management plan governing Alaska Native subsistence use for those stocks or species covered by the cooperative 

management agreement. 

(b) MANAGEMENT PLAN REQUIREMENTS.—A harvest management 

plan under this section with an Alaska Native organization shall— 

(1) apply only to Alaska Natives, as defined in section 101(b); 

(2) identify the signatories to the plan, and the stock or species and geographic area covered by the plan; 

(3) be based on biological information and traditional ecological knowledge; 

(4) provide for a sustainable harvest of each stock or species 

covered by the plan, and is designed to prevent populations of 

such stocks and species from becoming depleted; 

(5) have a clearly defined process and authority for enforcement and implementation of any management prescriptions 

under the plan; and 

(6) specify the duration of the plan and set forth procedures 

for periodic review and termination of the plan. 

(c) IMPLEMENTING REGULATIONS AND ORDINANCES.— 

(1) IN GENERAL.—An Alaska Native organization may adopt 

regulations and ordinances that apply to Alaska Natives exclusively and that are consistent with, and necessary to implement 

and enforce, a harvest management plan entered into by the organization under this section. 

(2) DEPLETED STOCKS.—A regulation or ordinance adopted 

pursuant to this subsection for a depleted stock shall apply only 

to the extent the regulation or ordinance is consistent with regulations issued by the Secretary under sections 101(b) and 103 

that apply to such stock. 

(d) PROHIBITION.—It is unlawful for any Alaska Native within the 

geographic area to which a harvest management plan under this 

section applies, to take, transport, sell, or possess a marine mammal 

in violation of any regulation or ordinance adopted by an Alaska 

Native organization to implement and enforce a harvest management plan. 

29 

(e) GRANTS.—Agreements entered into under this section may include a grant to Alaska Native organizations for, among other purposes— 

(1) collecting and analyzing data on marine mammal populations; 

(2) monitoring the harvest of marine mammals for subsistence and handicraft uses; 

(3) participating in marine mammal research conducted by 

the Federal Government, the State of Alaska, academic institutions, and private organizations; and 

(4) developing marine mammal comanagement structures 

with Federal and State agencies, and implementing, and enforcing any harvest management plan included in the agreement. 

(f) OPPORTUNITY FOR ADVANCE NOTICE AND COMMENT REGARD- ING PROPOSED REGULATIONS.—Before proposing any regulation 

under section 101(b) relating to the taking of a stock of marine 

mammals that is the subject of a harvest management plan under 

this section, the Secretary shall— 

(1) solicit recommendations for such proposed regulation from 

each Alaska Native organization engaged in harvest management of the species or stock pursuant to this section; and 

(2) provide to each such organization— 

(A) each draft of the proposed regulation; 

(B) an analysis of how the proposed regulation would 

achieve the goal of being the least restrictive measures upon 

subsistence use of the stock and the conservation goals of 

the Act; and 

(C) an opportunity to comment on the proposed regulation prior to publication of any proposed regulations in the 

Federal Register. 

(g) PUBLIC NOTICE.—The Secretary shall publish each harvest 

management plan entered into under this section. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated for the purposes of carrying out this section— (1) to the Secretary of the Interior, $3,000,000 for each of fiscal years 2005 through 2009; and (2) to the Secretary of Commerce, $3,000,000 for each of fiscal 

years 2005 through 2009. 

(i) FACA EXEMPTION.—The Federal Advisory Committee Act (5 

App. U.S.C.) shall not apply with respect to the provision of any advice or recommendations to the Secretary by any Alaska Native organization (including any scientific review group associated with 

such an organization), or the obtaining of any advice or recommendations by the Secretary from such an organization, for the 

purpose of formulation or implementation of a cooperative management agreement under this section. 

ø(c)¿ (j) EFFECT OF JURISDICTION.—Nothing in this section is intended or shall be construed— 

(1) * * * 

* * * * * * * 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for the purposes of carrying out this section— 

ø(1) $1,500,000 to the Secretary of Commerce for each of the 

fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and 

30 

ø(2) $1,000,000 to the Secretary of the Interior for each of 

the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999. 

The amounts authorized to be appropriated under this subsection 

are in addition to the amounts authorized to be appropriated under 

section 116.¿ 

SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE. 

(a) * * * 

* * * * * * * 

(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR SEALS; INVESTIGATION AND REPORT.— 

(1) * * * 

(2) Upon completion of the scientific investigation required 

under paragraph (1), the Secretary shall enter into discussions 

with the Pacific States Marine Fisheries Commission, on behalf of the States of Washington, Oregon, and California, for 

the purpose of addressing any issues or problems identified as 

a result of the scientific investigation, and to develop recommendations to address such issues or problems. Any recommendations resulting from such discussions shall be submitted, along with the report, to the Committee on øMerchant 

Marine and Fisheries¿ Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

* * * * * * * 

(g) REGIONWIDE PINNIPED-FISHERY INTERACTION STUDY.— 

(1) * * * 

(2) Subject to the availability of appropriations, the Secretary may, not later than 18 months after the commencement 

of the study under this subsection, transmit a report on the results of the study to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on øMerchant 

Marine and Fisheries¿ Resources of the House of Representatives. 

* * * * * * * 

(h) GULF OF MAINE TASK FORCE.—The Secretary shall establish 

a Pinniped-Fishery Interaction Task Force to advise the Secretary 

on issues or problems regarding pinnipeds interacting in a dangerous or damaging manner with aquaculture resources in the Gulf 

of Maine. No later than 2 years from the date of enactment of this 

section, the Secretary shall after notice and opportunity for public 

comment submit to the Committee on øMerchant Marine and Fisheries¿ Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 

report containing recommended available alternatives to mitigate 

such interactions. 

* * * * * * * 

(k) RESEARCH ON NONLETHAL REMOVAL AND CONTROL.—(1) The 

Secretary shall conduct research on the nonlethal removal and control of nuisance pinnipeds. The research shall include a review of 

measures that have been taken to effect such removal and control, 

the effectiveness of these measures, and the development of new technologies to deter nuisance pinnipeds. 

31 

(2) The Secretary shall include, among the individuals that develop the research program under this subsection, representatives of 

the commercial and recreational fishing industries. 

(3) The Secretary is encouraged, where appropriate, to use independent marine mammal research institutions in developing and in 

conducting the research program. 

(4) The Secretary shall, by December 31 of each year, submit an 

annual report on the results of research under this subsection to the 

Committee on Resources of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate. 

(l) QUALIFIED NONLETHAL CONTROL PROJECTS.— (1) IN GENERAL.—The Secretary may, to the extent amounts 

are available to carry out this subsection, provide a grant to 

any eligible applicant to carry out a qualified nonlethal control 

project in accordance with this subsection. 

(2) APPLICATIONS.—The Secretary shall— 

(A) publish guidelines for and solicit applications for 

grants under this subsection not later than 6 months after 

the date of enactment of this subsection; and 

(B) receive, review, evaluate, and approve applications for 

grants under this subsection. 

(3) ELIGIBLE APPLICANT.—To be an eligible applicant for purposes of paragraph (1), an applicant must— 

(A) be a State, local government, or interstate or regional 

agency; and 

(B) have adequate personnel, funding, and authority to 

carry out and monitor or maintain a nonlethal control of 

nuisance pinnipeds project. 

(4) QUALIFIED CONTROL PROJECT.—To be a qualified control 

project under this subsection, a project must— 

(A) by humane and nonlethal means, remove, deter, and 

control nuisance pinnipeds in areas where they are a recurrent and persistent threat to public health and safety; and 

(B) encourage public notice, education, and outreach on 

project activities in the affected community. 

(5) GRANT DURATION.—Each grant under this subsection 

shall be to provide funding for the Federal share of the cost of 

a project carried out with the grant for up to 2 fiscal years. 

(6) REPORTING BY GRANTEE.— (A) IN GENERAL.—A grantee carrying out a control project 

with a grant under this subsection shall report to the Secretary at the expiration of the grant. 

(B) REPORT CONTENTS.—Each report under this subsection shall include specific information on the methods 

and techniques used to control nuisance pinniped species in 

the project area, and on the ensuing results. 

(7) COST SHARING.— 

(A) FEDERAL SHARE.—Except as provided in paragraphs 

(2) and (3), the Federal share of the cost of a project carried 

out with a grant under this subsection shall not exceed 75 

percent of such cost. 

(B) APPLICATION OF IN-KIND CONTRIBUTIONS.—The Secretary may apply to the non-Federal share of costs of a control project carried out with a grant under this subsection 

the fair market value of services or any other form of inVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR787.XXX HR787
32 

kind contribution to the project made by non-Federal interests that the Secretary determines to be an appropriate contribution equivalent to the monetary amount required for 

the non-Federal share of the activity. 

(C) DERIVATION OF NON-FEDERAL SHARE.—The non-Federal share of the cost of a control project carried out with 

a grant under this subsection may not be derived from a 

Federal grant program or other Federal funds. 

(8) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary $1,500,000 for each of 

fiscal years 2005 through 2009. 

(9) CLARIFICATION.—Nothing in this subsection shall be interpreted as suspending or waiving any requirement under any 

other provision of this Act. 

TITLE II—MARINE MAMMAL COMMISSION 

* * * * * * * 

ADMINISTRATION OF COMMISSION

SEC. 206. The Commission, in carrying out its responsibilities 

under this title, may— 

(1) * * * 

* * * * * * * 

(4) procure the services of such experts or consultants or an 

organization thereof as is authorized under section 3109 of 

Title 5, United States Code ø(but at rates for individuals not 

to exceed $100 per diem)¿; and 

(5) incur such necessary expenses and exercise such other 

powers, as are consistent with and reasonably required to perform its functions under this titleø; except that no fewer than 

11 employees must be employed under paragraph (1) at any 

time. Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, 

and procurement) shall be provided the Commission by the 

General Services Administration, for which payment shall be 

made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of General Services.¿. 

* * * * * * * 

TITLE IV—MARINE MAMMAL HEALTH AND STRANDING 

RESPONSE 

* * * * * * * 

SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE 

GRANT PROGRAM. 

(a) IN GENERAL.—(1) Subject to the availability of appropriations, 

the Secretary shall conduct a grant program to be known as the 

John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants 

for the recovery or treatment of marine mammals, the collection of 

data from living or dead stranded marine mammals for scientific 

research regarding marine mammal health, and facility operation 

costs that are directly related to those purposes. All funds available 

33 

to implement this section shall be distributed to eligible stranding 

network participants for the purposes set forth in this paragraph, 

except as provided in subsection (f). 

* * * * * * * 

ø(f ) ADMINISTRATIVE EXPENSES.—Of amounts available each fiscal year to carry out this section, the Secretary may expend not 

more than 6 percent or $80,000, whichever is greater, to pay the 

administrative expenses necessary to carry out this section.¿ 

(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of the amounts 

available each fiscal year to carry out this section, the Secretary 

may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to 

implement the grant program under subsection (a). Any such funds 

retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end 

of the fiscal year shall be provided as grants under subsection (a). 

* * * * * * * 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section $5,000,000 for each of fiscal years ø2001 through 2003¿ 2005 through 2009, to remain available until expended, of which— 

(1) * * * 

* * * * * * * 

(i) CONTRIBUTIONS.—For purposes of carrying out this section, the 

Secretary may solicit, accept, receive, hold, administer, and use 

gifts, devises, and bequests. 

SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated— 

(1) * * * 

* * * * * * * 

(3) to the Fund, ø$500,000 for fiscal year 1993¿ $125,000 for 

each of fiscal years 2005 through 2009. 

* * * * * * * 

DOLPHIN PROTECTION CONSUMER INFORMATION ACT 

DOLPHIN PROTECTION

SEC. 901. (a) SHORT TITLE.—This section may be cited as the 

‘‘Dolphin Protection Consumer Information Act’’. 

* * * * * * * 

(c) DEFINITIONS.—For purposes of this section— 

(1) * * * 

(2) the term ‘‘eastern tropical Pacific Ocean’’ means the area 

of the Pacific Ocean bounded by 40 degrees north latitude, 40 

degrees south latitude, ø160 degrees west longitude¿ 150 deVerDate Aug 04 2004 23:52 Nov 30, 2004 Jkt 039006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6601 E:\HR\OC\HR787.XXX HR787
34 

grees west longitude, and the western coastlines of North, Central, and South America; 

* * * * * * * 

Æ