```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2693 Reported in House (RH)]

                                                 Union Calendar No. 268
108th CONGRESS
  2d Session
                                H. R. 2693

                          [Report No. 108-464]

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

                             April 20, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               10, 2003]

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Protection Act 
Amendments of 2004''.

SEC. 2. AMENDMENT REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to such section or other provision of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 3. TECHNICAL CORRECTIONS.

    (a) Committee References.--The Marine Mammal Protection Act of 1972 
(16 U.S.C. 1361 et seq.) is amended by striking ``Committee on Merchant 
Marine and Fisheries'' each place it appears and inserting ``Committee 
on Resources''.
    (b) Obsolete Reference to Section.--Section 118(c)(3)(A)(i) (16 
U.S.C. 1387(c)(3)(A)(i)) is amended by striking ``, except that'' and 
all that follows through ``is valid''.

SEC. 4. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL PRODUCTS.

    (a) In General.--Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is 
amended by redesignating subparagraph (B) as subparagraph (C), and by 
inserting after subparagraph (A) the following:
            ``(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 as part of 
                a cultural exchange, by an Indian, Aleut, or Eskimo 
                residing in Alaska; or
                    ``(iii) 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
                            ``(II) as part of a cultural exchange with 
                        an Indian, Aleut, or Eskimo residing in 
                        Alaska.''.
    (b) Conforming Amendment.--Section 101(a)(6)(A)(i) (16 U.S.C. 
1371(a)(6)(A)(i)) is amended by inserting ``for noncommercial 
purposes'' after ``United States'' the first place it appears.

SEC. 5. MISCELLANEOUS AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is 
amended to read as follows:
    ``(a) Department of Commerce.--(1) There are authorized to be 
appropriated to the Department of Commerce, for purposes of carrying 
out its functions and responsibilities under this title (other than 
sections 117 and 118) and title IV--
            ``(A) $23,728,000 for 2004;
            ``(B) $24,378,000 for 2005;
            ``(C) $25,028,000 for 2006;
            ``(D) $25,678,000 for 2007; and
            ``(E) $26,328,000 for 2008.
    ``(2) There are authorized to be appropriated to the Department of 
Commerce, for purposes of carrying out sections 117 and 118, 
$20,000,000 for each of the fiscal years 2004 through 2008.''.
    (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b)) 
is amended to read as follows:
    ``(b) Department of the Interior.--There are authorized to be 
appropriated to the Department of the Interior, for purposes of 
carrying out its functions and responsibilities under this title--
            ``(1) $11,800,000 for 2004;
            ``(2) $12,300,000 for 2005;
            ``(3) $12,800,000 for 2006;
            ``(4) $13,300,000 for 2007; and
            ``(5) $13,800,000 for 2008.''.
    (c) Cooperative Agreements in Alaska.--Section 119(d) (16 U.S.C. 
1388(d)) is amended by striking paragraphs (1) and (2) and inserting 
the following:
            ``(1) $2,000,000 to the Secretary of Commerce for each of 
        fiscal years 2004 through 2008; and
            ``(2) $1,500,000 to the Secretary of the Interior for each 
        of fiscal years 2004 through 2008.''.

SEC. 6. TAKE REDUCTION PLANS.

    (a) In General.--Section 118 (16 U.S.C. 1387) is amended as 
follows:
            (1) In subsection (a) by striking ``commercial'' each place 
        it appears in paragraphs (1) and (5).
            (2) In subsection (c)(1) by striking so much as precedes 
        subparagraph (B) and inserting the following:
    ``(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;''.
            (3) In subsection (c)(1) in subparagraphs (B) and (C) by 
        striking ``commercial''.
            (4) In subsection (c)(2)(A) by striking ``commercial''.
            (5) In subsection (c)(3)(A) in the matter preceding clause 
        (i) by striking ``a commercial fishery'' and inserting ``that 
        fishery''.
            (6) In subsection (c)(3)(E) by inserting ``commercial'' 
        after ``any''.
            (7) In subsection (c)(5)(B) by striking ``commercial''.
            (8) In subsection (d)(1) in the matter preceding 
        subparagraph (A) by striking ``commercial fishing operations'' 
        and inserting ``fishing operations in a fishery listed under 
        subsection (c)(1)(A)(i) or (ii)''.
            (9) In subsection (d)(3) in the matter preceding 
        subparagraph (A) by striking ``commercial fisheries'' and 
        inserting ``fisheries listed under subsection (c)(1)(A)(i) or 
        (ii)''.
            (10) In subsection (d)(4) as follows:
                    (A) In the matter preceding subparagraph (A) by 
                striking ``commercial fisheries'' and inserting 
                ``fisheries listed under subsection (c)(1)(A)(i) or 
                (ii)''.
                    (B) In subparagraph (A) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
                    (C) In subparagraph (B) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
                    (D) In subparagraph (C) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
            (11) In subsection (d)(5) by striking ``commercial fishing 
        operations'' and inserting ``fishing operations in fisheries 
        listed under subsection (c)(1)(A)(i) or (ii)''.
            (12) In subsection (e) in the matter preceding paragraph 
        (1)--
                    (A) by striking ``commercial'' each place it 
                appears; and
                    (B) by striking ``this Act'' and inserting ``this 
                section''.
            (13) In subsection (f) by striking so much as precedes 
        paragraph (2) and inserting the following:
    ``(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 
having 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.''.
            (14) In subsection (f)(2)--
                    (A) by striking ``6 months'' and inserting ``9 
                months''; and
                    (B) by striking ``commercial fishing operations'' 
                each place it appears and inserting ``fishing 
                operations in fisheries listed under subsection 
                (c)(1)(A)(i) or (ii)''.
            (15) In subsection (f)(3) by striking ``commercial''.
            (16) In subsection (f)(4)(B) by striking ``commercial 
        fishing operations'' and inserting ``fishing operations in 
        fisheries listed under subsection (c)(1)(A)(i) or (ii)''.
            (17) In subsection (f)(5)--
                    (A) in subparagraph (A) by striking ``6 months'' 
                and inserting ``9 months''; and
                    (B) in subparagraphs (A) and (B) by striking 
                ``commercial'' each place it appears.
            (18) In subsection (f)(6)(A)--
                    (A) by striking ``(not later than 30 days)''; and
                    (B) in clause (ii) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
            (19) In subsection (f)(6)(C) in the second sentence, by 
        inserting before the period the following: ``, 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''.
            (20) In subsection (f)(7)--
                    (A) in subparagraph (A)(i) by striking ``6 months'' 
                and inserting ``9 months'';
                    (B) in subparagraph (B)(i)--
                            (i) by striking ``not later than 60 days'' 
                        and inserting ``not later than 120 days''; and
                            (ii) by adding at the end the following: 
                        ``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.''; and
                    (C) in subparagraph (B)(ii)--
                            (i) by striking ``6 months'' and inserting 
                        ``9 months''; and
                            (ii) by striking ``not later than 8 
                        months'' and inserting ``not later than 11 
                        months''.
            (21) In subsection (f)(7)(C) by striking ``Not later than 
        60 days'' and inserting ``Not later than 90 days''.
            (22) In subsection (f)(7)(D) by striking ``commercial''.
            (23) In subsection (f)(8)--
                    (A) in subparagraph (C) by striking ``Not later 
                than 60 days'' and inserting ``Not later than 180 
                days''; and
                    (B) by striking ``commercial'' each place it 
                appears.
            (24) In subsection (f)(9) as follows:
                    (A) In subparagraph (A) by striking ``commercial 
                fisheries or restrict commercial fisheries'' and 
                inserting ``fisheries listed under subsection 
                (c)(1)(A)(i) or (ii) or restrict such fisheries''.
                    (B) In subparagraphs (B) and (C) by striking 
                ``commercial'' each place it appears.
                    (C) In subparagraph (D) by striking ``commercial 
                fishing operations'' and inserting ``participation in a 
                fishery listed under subsection (c)(1)(A)(i) or (ii)''.
            (25) In subsection (g)(1) by striking ``commercial 
        fisheries'' and inserting ``fisheries listed under subsection 
        (c)(1)(A)(i) or (ii)''.
            (26) In subsection (g)(3)(B) by striking ``commercial''.
            (27) In subsection (g)(4) by striking ``commercial 
        fishery'' and inserting ``fishery listed under subsection 
        (c)(1)(A)(i) or (ii)''.
            (28) In subsection (j) by inserting ``including observer, 
        research, and education and outreach programs,'' after ``For 
        purposes of carrying out this section,''.
            (29) By amending subsection (d)(1)(C) to read as follows:
            ``(C) identify current fishery regulations and changes in 
        fishing methods or technology that may increase or decrease 
        incidental mortality and serious injury.''.
            (30) In subsection (f)(2) in the last sentence by inserting 
        ``conservation benefits of'' before ``State or regional fishery 
        management plans.''.
            (31) By amending subsection (f)(4)(A) to read as follows:
            ``(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) Stock Assessments.--Section 117(a)(4) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by inserting ``and'' at the end of subparagraph (D); 
        and
            (3) by adding at the end the following:
                    ``(E) potential conservation benefits provided by 
                State and regional fishery management regulations;''.
    (c) Conforming Amendment.--Section 101(a)(5)(E) (16 U.S.C. 
1371(a)(5)(E)) is amended by inserting ``or recreational'' after 
``commercial'' each place it appears.

SEC. 7. PINNIPED RESEARCH.

    Section 120 (16 U.S.C. 1389) is amended by adding at the end the 
following:
    ``(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.
    ``(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.''.

SEC. 8. MARINE MAMMAL COMMISSION.

    (a) Number of Employees.--Section 206(5) (16 U.S.C. 1406(5)) is 
amended by striking ``; except that no fewer than 11 employees must be 
employed under paragraph (1) at any time''.
    (b) Administration.--Section 206(4) (16 U.S.C. 1406(4)) is amended 
by striking ``(but at rates for individuals not to exceed $100 per 
diem)''.
    (c) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407) 
is amended to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Marine Mammal 
Commission for purposes of carrying out this title--
            ``(1) $2,000,000 for fiscal year 2004;
            ``(2) $2,050,000 for fiscal year 2005;
            ``(3) $2,100,000 for fiscal year 2006;
            ``(4) $2,150,000 for fiscal year 2007; and
            ``(5) $2,200,000 for fiscal year 2008.''.

SEC. 9. SCRIMSHAW EXEMPTION.

    Any valid certificate of exemption referred to in section 18 of 
Public Law 103-238 (16 U.S.C. 1539 note) that was valid under that 
section on April 29, 1999, shall be valid during the 8-year period 
beginning October 31, 1999.

SEC. 10. POLAR BEAR PERMITS.

    Section 104 (16 U.S.C. 1374) is amended--
            (1) in subsection (c)(5)(D)--
                    (A) by striking ``the date of enactment of the 
                Marine Mammal Protection Act Amendments of 1994'' and 
                inserting ``February 18, 1997''; and
                    (B) by striking ``, expeditiously after the 
                expiration of the applicable 30 day period under 
                subsection (d)(2),'';
            (2) in subsection (d)(2) by inserting before the period at 
        the end of the first sentence the following: ``, except for an 
        application for a permit to import polar bear parts under 
        subsection (c)(5)'';
            (3) in subsection (d)(5) by inserting before the period at 
        the end of the last sentence the following: ``if a notice of 
        application was required to be published pursuant to paragraph 
        (2) with respect to the permit''; and
            (4) in subsection (c)(5) by adding at the end the 
        following:
    ``(E) The Secretary shall make available to the public on a 
semiannual basis information concerning the permits issued or denied 
under this paragraph.''.

SEC. 11. CAPTIVE RELEASE PROHIBITION.

    Section 102(a) (16 U.S.C. 1372(a)) is amended--
            (1) in paragraph (4) by striking ``subsection 104(c); and'' 
        and inserting ``section 104(c);'';
            (2) in paragraph (5) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(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).''.

SEC. 12. STRANDING AND ENTANGLEMENT RESPONSE.

    (a) Collection and Updating of Information.--Section 402(b)(1)(A) 
(16 U.S.C. 1421a(b)(1)(A)) is amended by inserting ``or entangled'' 
after ``stranded''.
    (b) Entanglement Response Agreements.--
            (1) In general.--Section 403 (16 U.S.C. 1421b) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'';

                and
                    (B) in subsection (a) by inserting ``or 
                entanglement'' before the period.
            (2) Clerical amendment.--The table of contents at the end 
        of the first section is amended by striking the item relating 
        to section 403 and inserting the following:

``Sec. 403. Stranding or entanglement response agreements.''.
    (c) Liability.--Section 406(a) (16 U.S.C. 1421e(a)) is amended by 
inserting ``or entanglement'' after ``stranding''.
    (d) Entanglement Defined.--
            (1) In general.--Section 410 (16 U.S.C. 1421h) is amended--
                    (A) by redesignating paragraphs (1) through (6) in 
                order as paragraphs (2) through (7); and
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) The term `entanglement' means an event in the wild in 
        which a living or dead marine mammal has gear, rope, line, net, 
        or other material wrapped around or attached to it and is--
                    ``(A) on a beach or shore of the United States; or
                    ``(B) in waters under the jurisdiction of the 
                United States.''.
            (2) Conforming amendment.--Section 408(a)(2)(B)(i) (16 
        U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking ``section 
        410(6)'' and inserting ``section 410(7)''.
    (e) Authorizations of Appropriations.--
            (1) Grant program.--Section 408(h) (16 U.S.C. 1421f-1(h)) 
        is amended by striking ``fiscal years 2001 through 2003'' and 
        inserting ``fiscal years 2004 through 2008''.
            (2) Fund.--Section 409(3) (16 U.S.C. 1421g(3)) is amended 
        by striking ``$500,000 for fiscal year 1993'' and inserting 
        ``$125,000 for each of fiscal years 2004 through 2008''.
    (f) Section 408 (16 U.S.C. 1421f-1), is amended--
            (1) by adding at the end of subsection (a)(1) the 
        following: ``All funds available to implement this section 
        shall be distributed to eligible stranding network participants 
        for the three purposes set forth in this paragraph, except as 
        provided in subsection (f).''; and
            (2) by amending subsection (f) to read as follows:
    ``(f) Administrative Costs and Expenses.--Of the amounts available 
each fiscal year to carry out this section, the Secretary shall not 
expend more than 6 percent or $80,000, whichever is greater, to pay the 
administrative costs and administrative expenses to implement the grant 
program provided for in subsection (a)(1). Any funds retained by the 
Secretary shall be used only for such administrative costs and expenses 
and any such funds that are not expended by the Secretary at the end of 
each fiscal year shall be expended as grants pursuant to the grant 
program established by subsection (a)(1).''.

SEC. 13. DEFINITION OF HARASSMENT.

    Section 3(18) is amended to read as follows:
            ``(18)(A) The term `harassment' means any act that--
                    ``(i) injures or has the potential to injure a 
                marine mammal or marine mammal stock in the wild;
                    ``(ii) disturbs or has the potential to disturb a 
                marine mammal or marine mammal stock in the wild by 
                causing disruption of biologically significant 
                behaviors, including, but not limited to, surfacing, 
                migration, breeding, care of young, predator avoidance, 
                defense, or feeding to a point where such behavioral 
                patterns are significantly altered; or
                    ``(iii) is directed toward a specific individual, 
                group, or stock of marine mammals in the wild that is 
                likely to disturb the individual, group, or stock of 
                marine mammals by disrupting behavior, including, but 
                not limited to, surfacing, migration, breeding, care of 
                young, predator avoidance, defense, or feeding.
            ``(B) The term `Level A harassment' means harassment 
        described in subparagraph (A)(i).
            ``(C) The term `Level B harassment' means harassment 
        described in subparagraph (A) (ii) or (iii).''.

SEC. 14. INCIDENTAL TAKINGS OF MARINE MAMMALS.

    Section 101(a)(5) (16 U.S.C. 1371(a)(5)) is amended--
            (1) in subparagraph (A) by striking ``of small numbers'';
            (2) in subparagraph (D)(i) by striking ``of small 
        numbers''; and

SEC. 15. TUNA-DOLPHIN PROVISIONS.

    Subsection (c) of the Dolphin Protection Consumer Information Act 
(16 U.S.C. 1385) is amended in paragraph (2) by striking ``160 degrees 
west longitude'' and inserting ``150 degrees west longitude''.

SEC. 16. PERMIT CLARIFICATIONS.

    Section 104 (16 U.S.C. 1374) is amended as follows:
            (1) Subsection (c)(7) is amended by inserting 
        ``notwithstanding any other provision of law'' after 
        ``requesting the permit''.
            (2) Subsection (c)(9) is amended--
                    (A) by inserting ``the Secretary of Agriculture 
                determines, and then certifies to the Secretary, that'' 
                after ``unless''; and
                    (B) by adding at the end the following: ``The 
                Secretary may not require or request, through comity or 
                any other means, that any marine mammal remain subject 
                to the jurisdiction of the United States when that 
                marine mammal or its progeny is located in waters or on 
                lands subject to the jurisdiction of another 
                country.''.
            (3) Subsection (c)(10) is amended--
                    (A) in the first sentence by inserting ``held 
                within the lands and waters of the United States'' 
                after ``marine mammals'' each place it appears;
                    (B) in the second sentence by inserting ``, which 
                shall be updated on an annual basis,'' after 
                ``inventory''; and
                    (C) in subparagraph (D) by inserting ``ownership, 
                or other'' after ``date of''.

SEC. 17. FISHERIES GEAR DEVELOPMENT.

    Section 111 (16 U.S.C. 1381) is amended as follows:
            (1) Subsection (a) is amended to read as follows:
    ``(a) Research and Development Program.--
            ``(1) In general.--The Secretary of Commerce (in this 
        section referred to as the `Secretary') shall--
                    ``(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.''.
            (2) By adding at the end the following:
    ``(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.''.

SEC. 18. MARINE MAMMAL RESEARCH GRANTS.

    Section 110 (16 U.S.C. 1380) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(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.''; and
            (2) by striking subsections (c) and (d).

SEC. 19. FINES AND PENALTIES.

    (a) Fines and Penalties, Generally.--Section 105 (16 U.S.C. 1375) 
is amended--
            (1) in subsection (a)(1) by striking ``$10,000'' and 
        inserting ``$20,000''; and
            (2) in subsection (b) by striking ``$20,000'' and inserting 
        ``$30,000''.
    (b) Vessel Penalty.--Section 106(b) (16 U.S.C. 1376(b)) is amended 
by striking ``$25,000'' and inserting ``$35,000''.

                                                 Union Calendar No. 268

108th CONGRESS

  2d Session

                               H. R. 2693

                          [Report No. 108-464]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 20, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```