I 

108TH CONGRESS 

1ST SESSION H. R. 2693

To reauthorize the Marine Mammal Protection Act of 1972, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2003

Mr. GILCHREST (for himself and Mr. POMBO) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL

To reauthorize the Marine Mammal Protection Act of 1972, 

and for other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marine Mammal Pro5 tection Act Amendments of 2003’’.

6 SEC. 2. AMENDMENT REFERENCES. 

7 Except as otherwise expressly provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to such 
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1 section or other provision of the Marine Mammal Protec2 tion Act of 1972 (16 U.S.C. 1361 et seq.). 

3 SEC. 3. TECHNICAL CORRECTIONS. 

4 (a) COMMITTEE REFERENCES.—The Marine Mam5 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 

6 amended by striking ‘‘Committee on Merchant Marine and 

7 Fisheries’’ each place it appears and inserting ‘‘Committee 

8 on Resources’’. 

9 (b) OBSOLETE REFERENCE TO REPLACED SEC10 TION.—Section 118(c)(3)(A)(i) (16 U.S.C. 

11 1387(c)(3)(A)(i)) is amended by striking ‘‘, except that’’ 

12 and all that follows through ‘‘is valid’’. 

13 SEC. 4. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 

14 PRODUCTS. 

15 Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended 

16 by redesignating subparagraph (B) as subparagraph (C), 

17 and by inserting after subparagraph (A) the following: 

18 ‘‘(B) A marine mammal product may be exported 

19 from the United States if the product—

20 ‘‘(i) is legally possessed, and exported by, a cit21 izen of the United States in conjunction with travel 

22 outside the United States; 

23 ‘‘(ii) is legally possessed and exported as part of 

24 a cultural exchange, by an Indian, Aleut, or Eskimo 

25 residing in Alaska; or 
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1 ‘‘(iii) is owned by a Native inhabitant of Russia, 

2 Canada, or Greenland and is exported for non3 commercial purposes—

4 ‘‘(I) in conjunction with, and upon the 

5 completion of, travel within the United States; 

6 or 

7 ‘‘(II) as part of a cultural exchange with 

8 an Indian, Aleut, or Eskimo residing in Alas9 ka.’’. 

10 SEC. 5. MISCELLANEOUS AUTHORIZATIONS OF APPROPRIA11 TIONS. 

12 (a) DEPARTMENT OF COMMERCE.—Section 116(a) 

13 (16 U.S.C. 1384(a)) is amended to read as follows: 

14 ‘‘(a) DEPARTMENT OF COMMERCE.—(1) There are 

15 authorized to be appropriated to the Department of Com16 merce, for purposes of carrying out its functions and re17 sponsibilities under this title (other than sections 117 and 

18 118) and title IV—

19 ‘‘(A) $16,615,000 for 2004; 

20 ‘‘(B) $17,280,000 for 2005; 

21 ‘‘(C) $17,971,000 for 2006; 

22 ‘‘(D) $18,670,000 for 2007; and 

23 ‘‘(E) $19,418,000 for 2008.

24 ‘‘(2) There are authorized to be appropriated to the 

25 Department of Commerce, for purposes of carrying out 
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1 sections 117 and 118, $20,000,000 for each of the fiscal 

2 years 2004 through 2008.’’. 

3 (b) DEPARTMENT OF THE INTERIOR.—Section 

4 116(b) (16 U.S.C. 1384(b)) is amended to read as follows: 

5 ‘‘(b) DEPARTMENT OF THE INTERIOR.—There are 

6 authorized to be appropriated to the Department of the 

7 Interior, for purposes of carrying out its functions and re8 sponsibilities under this title—

9 ‘‘(1) $11,800,000 for 2004; 

10 ‘‘(2) $12,300,000 for 2005; 

11 ‘‘(3) $12,800,000 for 2006; 

12 ‘‘(4) $13,300,000 for 2007; and 

13 ‘‘(5) $13,800,000 for 2008.’’. 

14 (c) COOPERATIVE AGREEMENTS IN ALASKA.—Sec15 tion 119(d) (16 U.S.C. 1388(d)) is amended by striking 

16 paragraphs (1) and (2) and inserting the following: 

17 ‘‘(1) $2,000,000 to the Secretary of Commerce 

18 for each of fiscal years 2004 through 2008; and 

19 ‘‘(2) $1,500,000 to the Secretary of the Interior 

20 for each of fiscal years 2004 through 2008.’’. 

21 SEC. 6. TAKE REDUCTION PLANS. 

22 Section 118 (16 U.S.C. 1387) is amended as follows: 

23 (1) In subsection (a) by striking ‘‘commercial’’ 

24 each place it appears in paragraphs (1) and (5). 
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1 (2) In subsection (c)(1) by striking so much as 

2 precedes subparagraph (B) and inserting the fol3 lowing: 

4 ‘‘(c) REGISTRATION AND AUTHORIZATION.—(1) The 

5 Secretary shall, within 90 days after the date of enactment 

6 of the Marine Mammal Protection Act Amendments of 

7 2003—

8 ‘‘(A) publish in the Federal Register for public 

9 comment, for a period of not less than 90 days, any 

10 necessary changes to the Secretary’s list of fisheries 

11 published under section 114(b)(1) in the Federal 

12 Register on August 24, 1994 (along with an expla13 nation of such changes and a statement describing 

14 the marine mammal stocks interacting with, and the 

15 approximate number of vessels or persons actively 

16 involved in, each such fishery), with respect to—

17 (i) fisheries that have frequent incidental 

18 mortality and serious injury of marine mam19 mals;

20 (ii) fisheries that have occasional incidental 

21 mortality and serious injury of marine mam22 mals; or 

23 (iii) commercial fisheries that have a re24 mote likelihood of or no known incidental mor25 tality or serious injury of marine mammals;’’. 
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1 (3) In subsection (c)(1) in subparagraphs (B) 

2 and (C) by striking ‘‘commercial’’. 

3 (4) In subsection (c)(2)(A) by striking ‘‘com4 mercial’’. 

5 (5) In subsection (c)(3)(A)—

6 (A) in the matter preceding clause (i) by 

7 striking ‘‘a commercial fishery’’ and inserting 

8 ‘‘that fishery’’; and 

9 (B) in clause (i) by striking ‘‘this section,’’ 

10 and all that follows through the semicolon and 

11 inserting ‘‘this section;’’.

12 (6) In subsection (c)(5)(B) by striking ‘‘com13 mercial’’. 

14 (7) In subsection (d)(1) in the matter preceding 

15 subparagraph (A) by striking ‘‘commercial fishing 

16 operations’’ and inserting ‘‘fishing operations in a 

17 fishery listed under subsection (c)(1)(A)(i) or (ii)’’. 

18 (8) In subsection (d)(3) in the matter preceding 

19 subparagraph (A) by striking ‘‘commercial fisheries’’ 

20 and inserting ‘‘fisheries listed under subsection 

21 (c)(1)(A)(i) or (ii)’’. 

22 (9) In subsection (d)(4) as follows: 

23 (A) In the matter preceding subparagraph 

24 (A) by striking ‘‘commercial fisheries’’ and in-
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1 serting ‘‘fisheries listed under subsection 

2 (c)(1)(A)(i) or (ii)’’. 

3 (B) In subparagraph (A) by striking ‘‘com4 mercial fisheries’’ and inserting ‘‘fisheries listed 

5 under subsection (c)(1)(A)(i) or (ii)’’. 

6 (C) In subparagraph (B) by striking ‘‘com7 mercial fisheries’’ and inserting ‘‘fisheries listed 

8 under subsection (c)(1)(A)(i) or (ii)’’. 

9 (10) In subsection (d)(5) by striking ‘‘commer10 cial fishing operations’’ and inserting ‘‘fishing oper11 ations in fisheries listed under subsection 

12 (c)(1)(A)(i) or (ii)’’. 

13 (11) In subsection (e) in the matter preceding 

14 paragraph (1)—

15 (A) by striking ‘‘commercial’’ each place it 

16 appears; and 

17 (B) by striking ‘‘this Act’’ and inserting 

18 ‘‘this section’’. 

19 (12) In subsection (f)(1) by striking ‘‘commer20 cial’’ each place it appears. 

21 (13) In subsection (f)(2)—

22 (A) by striking ‘‘6 months’’ and inserting 

23 ‘‘9 months’’; and 

24 (B) by striking ‘‘commercial fishing oper25 ations’’ each place it appears and inserting 
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1 ‘‘fishing operations in fisheries listed under sub2 section (c)(1)(A)(i) or (ii)’’. 

3 (14) In subsection (f)(3) by striking ‘‘commer4 cial’’. 

5 (15) In subsection (f)(4)(B) by striking ‘‘com6 mercial fishing operations’’ and inserting ‘‘fishing 

7 operations in fisheries listed under subsection 

8 (c)(1)(A)(i) or (ii)’’. 

9 (16) In subsection (f)(5)—

10 (A) in subparagraph (A) by striking ‘‘6 

11 months’’ and inserting ‘‘9 months’’; and 

12 (B) in subparagraphs (A) and (B) by 

13 striking ‘‘commercial’’ each place it appears. 

14 (17) In subsection (f)(6)(A)—

15 (A) by striking ‘‘(not later than 30 days)’’; 

16 and 

17 (B) in clause (ii) by striking ‘‘commercial 

18 fisheries’’ and inserting ‘‘fisheries listed under 

19 subsection (c)(1)(A)(i) or (ii)’’. 

20 (18) In subsection (f)(6)(C) in the second sen21 tence, by inserting before the period the following: ‘‘, 

22 a representative of the office of General Counsel of 

23 the National Oceanic and Atmospheric Administra24 tion, a representative of the National Marine Fish25 eries Service having responsibilities related to fish-
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1 eries science, a representative of the National Ma2 rine Fisheries Service having responsibilities related 

3 to law enforcement, and a representative of the ap4 propriate National Marine Fisheries Service Re5 gional Administrator’’. 

6 (19) In subsection (f)(7)—

7 (A) in subparagraph (A)(i) by striking ‘‘6 

8 months’’ and inserting ‘‘9 months’’; 

9 (B) in subparagraph (B)(i)—

10 (i) by striking ‘‘not later than 60 

11 days’’ and inserting ‘‘not later than 180 

12 days’’; and 

13 (ii) by adding at the end the fol14 lowing: ‘‘Before publishing any plan that is 

15 different than the draft plan proposed by 

16 a take reduction team, the Secretary shall 

17 reconvene the team and explain to the 

18 team the differences between the published 

19 plan and the draft plan proposed by the 

20 team.’’; and 

21 (C) in subparagraph (B)(ii)—

22 (i) by striking ‘‘6 months’’ and insert23 ing ‘‘9 months’’; and 
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1 (ii) by striking ‘‘not later than 8 

2 months’’ and inserting ‘‘not later than 11 

3 months’’. 

4 (20) In subsection (f)(7)(C) by striking ‘‘Not 

5 later than 60 days’’ and inserting ‘‘Not later than 

6 180 days’’. 

7 (21) In subsection (f)(7)(D) by striking ‘‘com8 mercial’’. 

9 (22) In subsection (f)(8)—

10 (A) in subparagraph (C) by striking ‘‘Not 

11 later than 60 days’’ and inserting ‘‘Not later 

12 than 180 days’’; and 

13 (B) by striking ‘‘commercial’’ each place it 

14 appears. 

15 (23) In subsection (f)(9) as follows: 

16 (A) In subparagraph (A) by striking ‘‘com17 mercial fisheries or restrict commercial fish18 eries’’ and inserting ‘‘fisheries listed under sub19 section (c)(1)(A)(i) or (ii) or restrict such fish20 eries’’.

21 (B) In subparagraphs (B) and (C) by 

22 striking ‘‘commercial’’ each place it appears. 

23 (C) In subparagraph (D) by striking ‘‘com24 mercial fishing operations’’ and inserting ‘‘par-
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1 ticipation in a fishery listed under subsection 

2 (c)(1)(A)(i) or (ii)’’. 

3 (24) In subsection (g)(1) by striking ‘‘commer4 cial fisheries’’ and inserting ‘‘fisheries listed under 

5 subsection (c)(1)(A)(i) or (ii)’’. 

6 (25) In subsection (g)(3)(B) by striking ‘‘com7 mercial’’. 

8 (26) In subsection (g)(4) by striking ‘‘commer9 cial fishery’’ and inserting ‘‘fishery listed under sub10 section (c)(1)(A)(i) or (ii)’’. 

11 (27) In subsection (j) by inserting ‘‘including 

12 observer, research, and education and outreach pro13 grams,’’ after ‘‘For purposes of carrying out this 

14 section,’’. 

15 SEC. 7. PINNIPED RESEARCH. 

16 Section 120 (16 U.S.C. 1389) is amended by adding 

17 at the end the following: 

18 ‘‘(k) RESEARCH ON NONLETHAL REMOVAL AND

19 CONTROL.—(1) The Secretary shall conduct research on 

20 the nonlethal removal and control of nuisance pinnipeds. 

21 The research shall include a review of measures that have 

22 been taken to effect such removal and control, the effec23 tiveness of these measures, and the development of new 

24 technologies to deter nuisance pinnipeds. 
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1 ‘‘(2) The Secretary shall include, among the individ2 uals that develop the research program under this sub3 section, representatives of the commercial and recreational 

4 fishing industries. 

5 ‘‘(3) The Secretary is encouraged, where appropriate, 

6 to use independent marine mammal research institutions 

7 in developing and in conducting the research program. 

8 ‘‘(4) The Secretary shall, by December 31 of each 

9 year, submit an annual report on the results of research 

10 under this subsection to the Committee on Resources of 

11 the House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate.’’. 

13 SEC. 8. MARINE MAMMAL COMMISSION. 

14 (a) NUMBER OF EMPLOYEES.—Section 206(5) (16 

15 U.S.C. 1406(5)) is amended by striking ‘‘; except that no 

16 fewer than 11 employees must be employed under para17 graph (1) at any time’’. 

18 (b) ADMINISTRATION.—Section 206(4) (16 U.S.C. 

19 1406(4)) is amended by striking ‘‘(but at rates for individ20 uals not to exceed $100 per diem)’’. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 207 (16 U.S.C. 1407) is amended to read as follows: 
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1 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to the Ma3 rine Mammal Commission for purposes of carrying out 

4 this title—

5 ‘‘(1) $2,000,000 for fiscal year 2004; 

6 ‘‘(2) $2,050,000 for fiscal year 2005; 

7 ‘‘(3) $2,100,000 for fiscal year 2006; 

8 ‘‘(4) $2,150,000 for fiscal year 2007; and 

9 ‘‘(5) $2,200,000 for fiscal year 2008.’’.

10 SEC. 9. SCRIMSHAW EXEMPTION. 

11 Any valid certificate of exemption referred to in sec12 tion 18 of Public Law 103–238 (16 U.S.C. 1539 note) 

13 that was valid under that section on April 29, 1999, shall 

14 be valid during the 8-year period beginning October 31, 

15 1999. 

16 SEC. 10. POLAR BEAR PERMITS. 

17 Section 104 (16 U.S.C. 1374) is amended—

18 (1) in subsection (c)(5)(D) by striking ‘‘the 

19 date of the enactment of the Marine Mammal Pro20 tection Act Amendments of 1994’’ and inserting 

21 ‘‘February 18, 1997’’; 

22 (2) in subsection (d)(2) by inserting before the 

23 period at the end of the first sentence the following: 

24 ‘‘, except for an application for a permit to import 

25 polar bear parts under subsection (c)(5)’’; 
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1 (3) in subsection (d)(5) by inserting before the 

2 period at the end of the last sentence the following: 

3 ‘‘if a notice of application was published pursuant to 

4 paragraph (2) with respect to the permit’’; and 

5 (4) in subsection (c)(5) by adding at the end 

6 the following: 

7 ‘‘(E) The Secretary shall make available to the public 

8 on a semiannual basis information concerning the permits 

9 issued or denied under this paragraph.’’. 

10 SEC. 11. CAPTIVE RELEASE PROHIBITION. 

11 Section 102(a) (16 U.S.C. 1372(a)) is amended—

12 (1) in paragraph (4) by striking ‘‘subsection 

13 104(c); and’’ and inserting ‘‘section 104(c);’’; 

14 (2) in paragraph (5) by striking the period and 

15 inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(6) for any person that is subject to the juris18 diction of the United States to release any captive 

19 marine mammal unless specifically authorized to do 

20 so under section 104(c)(3)(A), 104(c)(4)(A), or 

21 109(h).’’.

22 SEC. 12. STRANDING AND ENTANGLEMENT RESPONSE. 

23 (a) COLLECTION AND UPDATING OF INFORMA24 TION.—Section 402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) 

25 is amended by inserting ‘‘or entangled’’ after ‘‘stranding’’. 
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1 (b) ENTANGLEMENT RESPONSE AGREEMENTS.—

2 (1) IN GENERAL.—Section 403 (16 U.S.C. 

3 1421b) is amended—

4 (A) by amending the section heading to 

5 read as follows: 

6 ‘‘SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 

7 AGREEMENTS.’’; and 

8 (B) in subsection (a) by inserting ‘‘or en9 tanglement’’ before the period. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents at the end of the first section is amended by 

12 striking the item relating to section 403 and insert13 ing the following:

‘‘Sec. 403. Stranding or entanglement response agreements.’’.

14 (c) LIABILITY.—Section 406(a) (16 U.S.C. 1421e(a)) 

15 is amended by inserting ‘‘or entanglement’’ after ‘‘strand16 ing’’. 

17 (d) ENTANGLEMENT DEFINED.—

18 (1) IN GENERAL.—Section 410 (16 U.S.C. 

19 1421h) is amended—

20 (A) by redesignating paragraphs (1) 

21 through (6) in order as paragraphs (2) through 

22 (7); and 

23 (B) by inserting before paragraph (2) (as 

24 so redesignated) the following:
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1 ‘‘(1) The term ‘entanglement’ means an event 

2 in the wild in which a living or dead marine mammal 

3 has gear, rope, line, net, or other material wrapped 

4 around or attached to it and is—

5 ‘‘(A) on a beach or shore of the United 

6 States; or 

7 ‘‘(B) in waters under the jurisdiction of 

8 the United States.’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 408(a)(2)(B)(i) (16 U.S.C. 1421f–1)(a)(2)(B)(i)) is 

11 amended by striking ‘‘section 410(6)’’ and inserting 

12 ‘‘section 410(7)’’. 

13 (e) AUTHORIZATIONS OF APPROPRIATIONS.—

14 (1) GRANT PROGRAM.—Section 408(h) (16 

15 U.S.C. 1421f–1(h)) is amended by striking ‘‘fiscal 

16 years 2001 through 2003’’ and inserting ‘‘fiscal 

17 years 2004 through 2008’’. 

18 (2) FUND.—Section 409(3) (16 U.S.C. 

19 1421g(3)) is amended by striking ‘‘$500,000 for fis20 cal year 1993’’ and inserting ‘‘$125,000 for each of 

21 fiscal years 2004 through 2008’’. 

22 SEC. 13. DEFINITION OF HARASSMENT. 

23 Section 3(18) is amended to read as follows: 

24 ‘‘(18)(A) The term ‘‘harassment’’ means any 

25 act that— 
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1 ‘‘(i) has the probability to injure a marine 

2 mammal or marine mammal stock in the wild; 

3 ‘‘(ii) has the potential to disturb a marine 

4 mammal or marine mammal stock in the wild 

5 by causing biologically significant disruption of 

6 activities, including, but not limited to, migra7 tion, breeding, care of young, predator avoid8 ance, defense, or feeding; or 

9 ‘‘(iii) is directed toward a specific indi10 vidual, group, or stock of marine mammals in 

11 the wild and is likely to impact the individual, 

12 group, or stock of marine mammals by dis13 rupting behavior, including, but not limited to, 

14 migration, breeding, care of young, predator 

15 avoidance, defense, or feeding.

16 ‘‘(B) The term ‘Level A harassment’ means 

17 harassment described in subparagraph (A)(i). 

18 ‘‘(C) The term ‘Level B harassment’ means 

19 harassment described in subparagraph (A) (ii) or 

20 (iii).’’. 

21 SEC. 14. INCIDENTAL TAKINGS OF MARINE MAMMALS. 

22 Section 101(a)(5) of the Marine Mammal Protection 

23 Act of 1972 (16 U.S.C. 1371(a)(5)) is amended—

24 (1) in subparagraph (A)—
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1 (A) by striking ‘‘within a specified geo2 graphical region’’; and 

3 (B) by striking ‘‘within that region of 

4 small numbers’’; 

5 (2) in subparagraph (B)—

6 (A) by striking ‘‘within a specified geo7 graphical region’’; and 

8 (B) by striking ‘‘within one or more re9 gions’’; 

10 (3) in subparagraph (D)(i)—

11 (A) by striking ‘‘within a specific geo12 graphic region’’; 

13 (B) by striking ‘‘of small numbers’’; and 

14 (C) by striking ‘‘within that region’’; and 

15 (4) by adding at the end the following:

16 ‘‘(F)(i) Not later than 120 days after the date 

17 of the enactment of the Marine Mammal Protection 

18 Act Amendments of 2003, the Secretary shall issue 

19 a general authorization and implementing regula20 tions allowing the incidental, but not the intentional, 

21 taking of marine mammals of a species or popu22 lation stock in the course of an activity, that will 

23 have a negligible impact on such species or stock. 

24 ‘‘(ii) Any person seeking to engage in a activity 

25 under the general authorization shall submit to the 
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1 Secretary via certified mail, by not later than 60 

2 days before the commencement of such activity, a 

3 letter of intent containing the following: 

4 ‘‘(I) The species or stocks of marine mam5 mals that may be incidentally taken. 

6 ‘‘(II) The geographic location of the activ7 ity. 

8 ‘‘(III) The period of time over which the 

9 activity will be conducted. 

10 ‘‘(iii) Not later than 30 days after receipt of a 

11 letter of intent to conduct an activity under the gen12 eral authorization, the Secretary shall—

13 ‘‘(I) determine that the general authoriza14 tion applies with respect to the conduct of the 

15 activity by the person, unless the Secretary 

16 finds that the activity is likely to have an 

17 unmitigable impact on such species or stocks; 

18 or 

19 ‘‘(II) determine that the general authoriza20 tion does not apply with respect to the conduct 

21 of the activity by the person. 

22 ‘‘(iv) The Secretary shall promptly send a letter 

23 to the person stating the determination of the Sec24 retary under clause (iii).’’.

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