IB 

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. 

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 Protec5 tion Act Amendments of 2004’’. 
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1 SEC. 2. AMENDMENT REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to such section 

6 or other provision of the Marine Mammal Protection Act 

7 of 1972 (16 U.S.C. 1361 et seq.). 

8 SEC. 3. TECHNICAL CORRECTIONS. 

9 (a) COMMITTEE REFERENCES.—The Marine Mammal 

10 Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended 

11 by striking ‘‘Committee on Merchant Marine and Fisheries’’ 

12 each place it appears and inserting ‘‘Committee on Re13 sources’’. 

14 (b) OBSOLETE REFERENCE TO SECTION.—Section 

15 118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended by 

16 striking ‘‘, except that’’ and all that follows through ‘‘is 

17 valid’’. 

18 SEC. 4. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 

19 PRODUCTS. 

20 (a) IN GENERAL.—Section 101(a)(6) (16 U.S.C. 

21 1371(a)(6)) is amended by redesignating subparagraph (B) 

22 as subparagraph (C), and by inserting after subparagraph 

23 (A) the following: 

24 ‘‘(B) A marine mammal product may be ex25 ported from the United States if the product— 
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1 ‘‘(i) is legally possessed, and exported by, a 

2 citizen of the United States for noncommercial 

3 purposes in conjunction with travel outside the 

4 United States and the product is imported into 

5 the United States by the same person upon the 

6 termination of travel; 

7 ‘‘(ii) is legally possessed and exported as 

8 part of a cultural exchange, by an Indian, Aleut, 

9 or Eskimo residing in Alaska; or 

10 ‘‘(iii) is owned by a Native inhabitant of 

11 Russia, Canada, or Greenland and is exported 

12 for noncommercial purposes— 

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

14 completion of, travel within the United 

15 States; or 

16 ‘‘(II) as part of a cultural exchange 

17 with an Indian, Aleut, or Eskimo residing 

18 in Alaska.’’. 

19 (b) CONFORMING AMENDMENT.—Section 

20 101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is amended by 

21 inserting ‘‘for noncommercial purposes’’ after ‘‘United 

22 States’’ the first place it appears. 
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1 SEC. 5. MISCELLANEOUS AUTHORIZATIONS OF APPROPRIA2 TIONS. 

3 (a) DEPARTMENT OF COMMERCE.—Section 116(a) (16 

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

5 ‘‘(a) DEPARTMENT OF COMMERCE.—(1) There are au6 thorized to be appropriated to the Department of Commerce, 

7 for purposes of carrying out its functions and responsibil8 ities under this title (other than sections 117 and 118) and 

9 title IV— 

10 ‘‘(A) $23,728,000 for 2004; 

11 ‘‘(B) $24,378,000 for 2005; 

12 ‘‘(C) $25,028,000 for 2006; 

13 ‘‘(D) $25,678,000 for 2007; and 

14 ‘‘(E) $26,328,000 for 2008. 

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

16 Department of Commerce, for purposes of carrying out sec17 tions 117 and 118, $20,000,000 for each of the fiscal years 

18 2004 through 2008.’’. 

19 (b) DEPARTMENT OF THE INTERIOR.—Section 116(b) 

20 (16 U.S.C. 1384(b)) is amended to read as follows: 

21 ‘‘(b) DEPARTMENT OF THE INTERIOR.—There are au22 thorized to be appropriated to the Department of the Inte23 rior, for purposes of carrying out its functions and respon24 sibilities under this title— 

25 ‘‘(1) $11,800,000 for 2004; 

26 ‘‘(2) $12,300,000 for 2005; 
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1 ‘‘(3) $12,800,000 for 2006; 

2 ‘‘(4) $13,300,000 for 2007; and 

3 ‘‘(5) $13,800,000 for 2008.’’. 

4 (c) COOPERATIVE AGREEMENTS IN ALASKA.—Section 

5 119(d) (16 U.S.C. 1388(d)) is amended by striking para6 graphs (1) and (2) and inserting the following: 

7 ‘‘(1) $2,000,000 to the Secretary of Commerce for 

8 each of fiscal years 2004 through 2008; and 

9 ‘‘(2) $1,500,000 to the Secretary of the Interior 

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

11 SEC. 6. TAKE REDUCTION PLANS. 

12 (a) IN GENERAL.—Section 118 (16 U.S.C. 1387) is 

13 amended as follows: 

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

15 each place it appears in paragraphs (1) and (5). 

16 (2) In subsection (c)(1) by striking so much as 

17 precedes subparagraph (B) and inserting the fol18 lowing: 

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

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

21 of the Marine Mammal Protection Act Amendments of 

22 2004— 

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

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

25 necessary changes to the Secretary’s list of fisheries 
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1 published under section 114(b)(1) in the Federal Reg2 ister on August 24, 1994 (along with an explanation 

3 of such changes and a statement describing the marine 

4 mammal stocks interacting with, and the approximate 

5 number of vessels or persons actively involved in, each 

6 such fishery), with respect to— 

7 ‘‘(i) commercial and recreational fisheries 

8 that have frequent incidental mortality and seri9 ous injury of marine mammals; 

10 ‘‘(ii) commercial and recreational fisheries 

11 that have occasional incidental mortality and se12 rious injury of marine mammals; or 

13 ‘‘(iii) commercial fisheries that have a re14 mote likelihood of or no known incidental mor15 tality or serious injury of marine mammals;’’. 

16 (3) In subsection (c)(1) in subparagraphs (B) 

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

18 (4) In subsection (c)(2)(A) by striking ‘‘commer19 cial’’. 

20 (5) In subsection (c)(3)(A) in the matter pre21 ceding clause (i) by striking ‘‘a commercial fishery’’ 

22 and inserting ‘‘that fishery’’. 

23 (6) In subsection (c)(3)(E) by inserting ‘‘com24 mercial’’ after ‘‘any’’. 
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1 (7) In subsection (c)(5)(B) by striking ‘‘commer2 cial’’. 

3 (8) In subsection (d)(1) in the matter preceding 

4 subparagraph (A) by striking ‘‘commercial fishing op5 erations’’ and inserting ‘‘fishing operations in a fish6 ery listed under subsection (c)(1)(A)(i) or (ii)’’. 

7 (9) In subsection (d)(3) in the matter preceding 

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

9 and inserting ‘‘fisheries listed under subsection 

10 (c)(1)(A)(i) or (ii)’’. 

11 (10) In subsection (d)(4) as follows: 

12 (A) In the matter preceding subparagraph 

13 (A) by striking ‘‘commercial fisheries’’ and in14 serting ‘‘fisheries listed under subsection 

15 (c)(1)(A)(i) or (ii)’’. 

16 (B) In subparagraph (A) by striking ‘‘com17 mercial fisheries’’ and inserting ‘‘fisheries listed 

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

19 (C) In subparagraph (B) by striking ‘‘com20 mercial fisheries’’ and inserting ‘‘fisheries listed 

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

22 (D) In subparagraph (C) by striking ‘‘com23 mercial fisheries’’ and inserting ‘‘fisheries listed 

24 under subsection (c)(1)(A)(i) or (ii)’’. 
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1 (11) In subsection (d)(5) by striking ‘‘commer2 cial fishing operations’’ and inserting ‘‘fishing oper3 ations in fisheries listed under subsection (c)(1)(A)(i) 

4 or (ii)’’. 

5 (12) In subsection (e) in the matter preceding 

6 paragraph (1)— 

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

8 appears; and 

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

10 ‘‘this section’’. 

11 (13) In subsection (f) by striking so much as pre12 cedes paragraph (2) and inserting the following: 

13 ‘‘(f) TAKE REDUCTION PLANS.—(1) The Secretary 

14 shall develop and implement a take reduction plan designed 

15 to assist in the recovery or prevent the depletion of each 

16 strategic stock which interacts with a fishery listed under 

17 subsection (c)(1)(A)(i) or (ii), unless the Secretary deter18 mines, after notice and opportunity for public comment, 

19 that the level of fishery related mortality and serious injury 

20 is having a negligible impact on that stock. The Secretary 

21 may develop and implement a take reduction plan for any 

22 other marine mammal stocks which interact with a fishery 

23 listed under subsection (c)(1)(A)(i) which the Secretary de24 termines, after notice and opportunity for public comment, 
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1 has a high level of mortality and serious injury across a 

2 number of such marine mammal stocks.’’. 

3 (14) In subsection (f)(2)— 

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

5 ‘‘9 months’’; and 

6 (B) by striking ‘‘commercial fishing oper7 ations’’ each place it appears and inserting 

8 ‘‘fishing operations in fisheries listed under sub9 section (c)(1)(A)(i) or (ii)’’. 

10 (15) In subsection (f)(3) by striking ‘‘commer11 cial’’. 

12 (16) In subsection (f)(4)(B) by striking ‘‘com13 mercial fishing operations’’ and inserting ‘‘fishing op14 erations in fisheries listed under subsection 

15 (c)(1)(A)(i) or (ii)’’. 

16 (17) In subsection (f)(5)— 

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

18 months’’ and inserting ‘‘9 months’’; and 

19 (B) in subparagraphs (A) and (B) by strik20 ing ‘‘commercial’’ each place it appears. 

21 (18) In subsection (f)(6)(A)— 

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

23 and 
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1 (B) in clause (ii) by striking ‘‘commercial 

2 fisheries’’ and inserting ‘‘fisheries listed under 

3 subsection (c)(1)(A)(i) or (ii)’’. 

4 (19) In subsection (f)(6)(C) in the second sen5 tence, by inserting before the period the following: ‘‘, 

6 a representative of the office of General Counsel of the 

7 National Oceanic and Atmospheric Administration, a 

8 representative of the National Marine Fisheries Serv9 ice having responsibilities related to fisheries science, 

10 a representative of the National Marine Fisheries 

11 Service having responsibilities related to law enforce12 ment, and a representative of the appropriate Na13 tional Marine Fisheries Service Regional Adminis14 trator’’. 

15 (20) In subsection (f)(7)— 

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

17 months’’ and inserting ‘‘9 months’’; 

18 (B) in subparagraph (B)(i)— 

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

20 days’’ and inserting ‘‘not later than 120 

21 days’’; and 

22 (ii) by adding at the end the following: 

23 ‘‘Before publishing any plan that is dif24 ferent than the draft plan proposed by a 

25 take reduction team, the Secretary shall re-
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1 convene the team and explain to the team 

2 the differences between the published plan 

3 and the draft plan proposed by the team.’’; 

4 and 

5 (C) in subparagraph (B)(ii)— 

6 (i) by striking ‘‘6 months’’ and insert7 ing ‘‘9 months’’; and 

8 (ii) by striking ‘‘not later than 8 

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

10 months’’. 

11 (21) In subsection (f)(7)(C) by striking ‘‘Not 

12 later than 60 days’’ and inserting ‘‘Not later than 90 

13 days’’. 

14 (22) In subsection (f)(7)(D) by striking ‘‘com15 mercial’’. 

16 (23) In subsection (f)(8)— 

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

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

19 than 180 days’’; and 

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

21 appears. 

22 (24) In subsection (f)(9) as follows: 

23 (A) In subparagraph (A) by striking ‘‘com24 mercial fisheries or restrict commercial fisheries’’ 
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1 and inserting ‘‘fisheries listed under subsection 

2 (c)(1)(A)(i) or (ii) or restrict such fisheries’’. 

3 (B) In subparagraphs (B) and (C) by strik4 ing ‘‘commercial’’ each place it appears. 

5 (C) In subparagraph (D) by striking ‘‘com6 mercial fishing operations’’ and inserting ‘‘par7 ticipation in a fishery listed under subsection 

8 (c)(1)(A)(i) or (ii)’’. 

9 (25) In subsection (g)(1) by striking ‘‘commer10 cial fisheries’’ and inserting ‘‘fisheries listed under 

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

12 (26) In subsection (g)(3)(B) by striking ‘‘com13 mercial’’. 

14 (27) In subsection (g)(4) by striking ‘‘commer15 cial fishery’’ and inserting ‘‘fishery listed under sub16 section (c)(1)(A)(i) or (ii)’’. 

17 (28) In subsection (j) by inserting ‘‘including ob18 server, research, and education and outreach pro19 grams,’’ after ‘‘For purposes of carrying out this sec20 tion,’’. 

21 (29) By amending subsection (d)(1)(C) to read 

22 as follows: 

23 ‘‘(C) identify current fishery regulations and 

24 changes in fishing methods or technology that may 
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1 increase or decrease incidental mortality and serious 

2 injury.’’. 

3 (30) In subsection (f)(2) in the last sentence by 

4 inserting ‘‘conservation benefits of’’ before ‘‘State or 

5 regional fishery management plans.’’. 

6 (31) By amending subsection (f)(4)(A) to read as 

7 follows: 

8 ‘‘(A) a review of the information in the final 

9 stock assessment published under section 117(b), any 

10 substantial new information, a review of the con11 servation benefits from current State and regional 

12 fishery management regulations;’’. 

13 (b) STOCK ASSESSMENTS.—Section 117(a)(4) is 

14 amended— 

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (C); 

17 (2) by inserting ‘‘and’’ at the end of subpara18 graph (D); and 

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

20 ‘‘(E) potential conservation benefits pro21 vided by State and regional fishery management 

22 regulations;’’. 

23 (c) CONFORMING AMENDMENT.—Section 101(a)(5)(E) 

24 (16 U.S.C. 1371(a)(5)(E)) is amended by inserting ‘‘or rec25 reational’’ after ‘‘commercial’’ each place it appears. 
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1 SEC. 7. PINNIPED RESEARCH. 

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

3 at the end the following: 

4 ‘‘(k) RESEARCH ON NONLETHAL REMOVAL AND CON5 TROL.—(1) The Secretary shall conduct research on the 

6 nonlethal removal and control of nuisance pinnipeds. The 

7 research shall include a review of measures that have been 

8 taken to effect such removal and control, the effectiveness 

9 of these measures, and the development of new technologies 

10 to deter nuisance pinnipeds. 

11 ‘‘(2) The Secretary shall include, among the individ12 uals that develop the research program under this sub13 section, representatives of the commercial and recreational 

14 fishing industries. 

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

16 to use independent marine mammal research institutions 

17 in developing and in conducting the research program. 

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

19 submit an annual report on the results of research under 

20 this subsection to the Committee on Resources of the House 

21 of Representatives and the Committee on Commerce, 

22 Science, and Transportation of the Senate.’’. 

23 SEC. 8. MARINE MAMMAL COMMISSION. 

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

25 U.S.C. 1406(5)) is amended by striking ‘‘; except that no 
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1 fewer than 11 employees must be employed under para2 graph (1) at any time’’. 

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

4 1406(4)) is amended by striking ‘‘(but at rates for individ5 uals not to exceed $100 per diem)’’. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 207 (16 U.S.C. 1407) is amended to read as follows: 

8 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘There are authorized to be appropriated to the Ma10 rine Mammal Commission for purposes of carrying out this 

11 title— 

12 ‘‘(1) $2,000,000 for fiscal year 2004; 

13 ‘‘(2) $2,050,000 for fiscal year 2005; 

14 ‘‘(3) $2,100,000 for fiscal year 2006; 

15 ‘‘(4) $2,150,000 for fiscal year 2007; and 

16 ‘‘(5) $2,200,000 for fiscal year 2008.’’. 

17 SEC. 9. SCRIMSHAW EXEMPTION. 

18 Any valid certificate of exemption referred to in section 

19 18 of Public Law 103–238 (16 U.S.C. 1539 note) that was 

20 valid under that section on April 29, 1999, shall be valid 

21 during the 8-year period beginning October 31, 1999. 

22 SEC. 10. POLAR BEAR PERMITS. 

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

24 (1) in subsection (c)(5)(D)— 
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1 (A) by striking ‘‘the date of enactment of 

2 the Marine Mammal Protection Act Amendments 

3 of 1994’’ and inserting ‘‘February 18, 1997’’; 

4 and 

5 (B) by striking ‘‘, expeditiously after the ex6 piration of the applicable 30 day period under 

7 subsection (d)(2),’’; 

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

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

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

11 polar bear parts under subsection (c)(5)’’; 

12 (3) in subsection (d)(5) by inserting before the 

13 period at the end of the last sentence the following: ‘‘if 

14 a notice of application was required to be published 

15 pursuant to paragraph (2) with respect to the per16 mit’’; and 

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

18 following: 

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

20 on a semiannual basis information concerning the permits 

21 issued or denied under this paragraph.’’. 

22 SEC. 11. CAPTIVE RELEASE PROHIBITION. 

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

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

25 104(c); and’’ and inserting ‘‘section 104(c);’’; 
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1 (2) in paragraph (5) by striking the period and 

2 inserting ‘‘; and’’; and 

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

4 ‘‘(6) for any person that is subject to the juris5 diction of the United States to release any captive 

6 marine mammal unless specifically authorized to do 

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

8 109(h).’’. 

9 SEC. 12. STRANDING AND ENTANGLEMENT RESPONSE. 

10 (a) COLLECTION AND UPDATING OF INFORMATION.— 

11 Section 402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) is amend12 ed by inserting ‘‘or entangled’’ after ‘‘stranded’’. 

13 (b) ENTANGLEMENT RESPONSE AGREEMENTS.— 

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

15 1421b) is amended— 

16 (A) by amending the section heading to 

17 read as follows: 

18 ‘‘SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 

19 AGREEMENTS.’’; 

20 and 

21 (B) in subsection (a) by inserting ‘‘or en22 tanglement’’ before the period. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents at the end of the first section is amended by 
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1 striking the item relating to section 403 and inserting 

2 the following: 

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

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

4 is amended by inserting ‘‘or entanglement’’ after ‘‘strand5 ing’’. 

6 (d) ENTANGLEMENT DEFINED.— 

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

8 1421h) is amended— 

9 (A) by redesignating paragraphs (1) 

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

11 (7); and 

12 (B) by inserting before paragraph (2) (as so 

13 redesignated) the following: 

14 ‘‘(1) The term ‘entanglement’ means an event in 

15 the wild in which a living or dead marine mammal 

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

17 around or attached to it and is— 

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

19 States; or 

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

21 United States.’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 408(a)(2)(B)(i) (16 U.S.C. 1421f–1(a)(2)(B)(i)) is 

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

25 ‘‘section 410(7)’’. 
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1 (e) AUTHORIZATIONS OF APPROPRIATIONS.— 

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

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

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

5 2004 through 2008’’. 

6 (2) FUND.—Section 409(3) (16 U.S.C. 1421g(3)) 

7 is amended by striking ‘‘$500,000 for fiscal year 

8 1993’’ and inserting ‘‘$125,000 for each of fiscal years 

9 2004 through 2008’’. 

10 (f) Section 408 (16 U.S.C. 1421f–1), is amended— 

11 (1) by adding at the end of subsection (a)(1) the 

12 following: ‘‘All funds available to implement this sec13 tion shall be distributed to eligible stranding network 

14 participants for the three purposes set forth in this 

15 paragraph, except as provided in subsection (f).’’; and 

16 (2) by amending subsection (f) to read as follows: 

17 ‘‘(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of the 

18 amounts available each fiscal year to carry out this section, 

19 the Secretary shall not expend more than 6 percent or 

20 $80,000, whichever is greater, to pay the administrative 

21 costs and administrative expenses to implement the grant 

22 program provided for in subsection (a)(1). Any funds re23 tained by the Secretary shall be used only for such adminis24 trative costs and expenses and any such funds that are not 

25 expended by the Secretary at the end of each fiscal year 
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1 shall be expended as grants pursuant to the grant program 

2 established by subsection (a)(1).’’. 

3 SEC. 13. DEFINITION OF HARASSMENT. 

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

5 ‘‘(18)(A) The term ‘harassment’ means any act 

6 that— 

7 ‘‘(i) injures or has the potential to injure a 

8 marine mammal or marine mammal stock in the 

9 wild; 

10 ‘‘(ii) disturbs or has the potential to disturb 

11 a marine mammal or marine mammal stock in 

12 the wild by causing disruption of biologically 

13 significant behaviors, including, but not limited 

14 to, surfacing, migration, breeding, care of young, 

15 predator avoidance, defense, or feeding to a point 

16 where such behavioral patterns are significantly 

17 altered; or 

18 ‘‘(iii) is directed toward a specific indi19 vidual, group, or stock of marine mammals in 

20 the wild that is likely to disturb the individual, 

21 group, or stock of marine mammals by dis22 rupting behavior, including, but not limited to, 

23 surfacing, migration, breeding, care of young, 

24 predator avoidance, defense, or feeding. 
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1 ‘‘(B) The term ‘Level A harassment’ means har2 assment described in subparagraph (A)(i). 

3 ‘‘(C) The term ‘Level B harassment’ means har4 assment described in subparagraph (A) (ii) or (iii).’’. 

5 SEC. 14. INCIDENTAL TAKINGS OF MARINE MAMMALS. 

6 Section 101(a)(5) (16 U.S.C. 1371(a)(5)) is amend7 ed— 

8 (1) in subparagraph (A) by striking ‘‘of small 

9 numbers’’; 

10 (2) in subparagraph (D)(i) by striking ‘‘of small 

11 numbers’’; and 

12 SEC. 15. TUNA-DOLPHIN PROVISIONS. 

13 Subsection (c) of the Dolphin Protection Consumer In14 formation Act (16 U.S.C. 1385) is amended in paragraph 

15 (2) by striking ‘‘160 degrees west longitude’’ and inserting 

16 ‘‘150 degrees west longitude’’. 

17 SEC. 16. PERMIT CLARIFICATIONS. 

18 Section 104 (16 U.S.C. 1374) is amended as follows: 

19 (1) Subsection (c)(7) is amended by inserting 

20 ‘‘notwithstanding any other provision of law’’ after 

21 ‘‘requesting the permit’’. 

22 (2) Subsection (c)(9) is amended— 

23 (A) by inserting ‘‘the Secretary of Agri24 culture determines, and then certifies to the Sec25 retary, that’’ after ‘‘unless’’; and 
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1 (B) by adding at the end the following: 

2 ‘‘The Secretary may not require or request, 

3 through comity or any other means, that any 

4 marine mammal remain subject to the jurisdic5 tion of the United States when that marine 

6 mammal or its progeny is located in waters or 

7 on lands subject to the jurisdiction of another 

8 country.’’. 

9 (3) Subsection (c)(10) is amended— 

10 (A) in the first sentence by inserting ‘‘held 

11 within the lands and waters of the United 

12 States’’ after ‘‘marine mammals’’ each place it 

13 appears; 

14 (B) in the second sentence by inserting ‘‘, 

15 which shall be updated on an annual basis,’’ 

16 after ‘‘inventory’’; and 

17 (C) in subparagraph (D) by inserting 

18 ‘‘ownership, or other’’ after ‘‘date of’’. 

19 SEC. 17. FISHERIES GEAR DEVELOPMENT. 

20 Section 111 (16 U.S.C. 1381) is amended as follows: 

21 (1) Subsection (a) is amended to read as follows: 

22 ‘‘(a) RESEARCH AND DEVELOPMENT PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary of Commerce 

24 (in this section referred to as the ‘Secretary’) shall— 
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1 ‘‘(A) carry out a program of research and 

2 development for the purpose of devising improved 

3 fishing methods and gear so as to reduce to the 

4 maximum extent practicable the incidental tak5 ing of marine mammals in connection with fish6 ing operations; and 

7 ‘‘(B) make every practicable effort to de8 velop, evaluate, and make available to owners 

9 and operators of fishing vessels such gear and 

10 fishing method improvements as quickly as pos11 sible. 

12 ‘‘(2) COORDINATION WITH OTHER COUNTRIES.— 

13 The Secretary may coordinate with other countries to 

14 foster gear technology transfer initiatives to reduce to 

15 the maximum extent practicable the incidental mor16 tality and serious injury of marine mammals 

17 throughout the full extent of their range.’’. 

18 (2) By adding at the end the following: 

19 ‘‘(e) GEAR RESEARCH MINI-GRANT PROGRAM.— 

20 ‘‘(1) IN GENERAL.—Subject to the availability of 

21 appropriations, the Secretary may establish a grant 

22 program to provide financial assistance for devel23 oping, manufacturing, testing, or designing new types 

24 of fishing gear designed to reduce to the maximum ex25 tent practicable the incidental taking (including inci-
24 

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1 dental mortality and serious injury) of marine mam2 mals. 

3 ‘‘(2) GRANT AMOUNT AND PURPOSES.—The 

4 amount of a grant under this subsection may not ex5 ceed $20,000. 

6 ‘‘(3) GRANT APPLICATIONS.—To receive a grant 

7 under this section, an applicant must submit an ap8 plication in such form and manner as the Secretary 

9 may prescribe. 

10 ‘‘(4) CONSULTATION REGARDING CRITERIA.—The 

11 Secretary shall consult with the Secretary of the Inte12 rior and the Marine Mammal Commission regarding 

13 the development of criteria for the awarding of grants 

14 under this subsection. 

15 ‘‘(5) ADMINISTRATIVE COSTS.—Of amounts 

16 available each fiscal year to carry out this subsection, 

17 the Secretary may expend not more than $40,000 to 

18 pay the administrative expenses necessary to carry 

19 out this subsection. 

20 ‘‘(6) CONTRIBUTIONS.—For purposes of carrying 

21 out this section, the Secretary may accept, solicit, re22 ceive, hold, administer, and use gifts, devises, and be23 quests.’’. 

24 SEC. 18. MARINE MAMMAL RESEARCH GRANTS. 

25 Section 110 (16 U.S.C. 1380) is amended— 
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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) AUTHORIZATION OF ASSISTANCE; ANNUAL RE4 PORT.— 

5 ‘‘(1) AUTHORIZATION OF ASSISTANCE.—The Sec6 retary may make grants, or provide financial assist7 ance in such other form as the Secretary considers ap8 propriate, to any Federal or State agency, public or 

9 private institution, or other person for the purpose of 

10 assisting such agency, institution, or person to under11 take research in subjects that are relevant to the pro12 tection and conservation of marine mammals, and the 

13 ecosystems upon which they depend, including, but 

14 not limited to, the Bering/Chukchi Sea ecosystem and 

15 the California coastal marine ecosystem. 

16 ‘‘(2) INCLUSION OF INFORMATION IN REPORTS.— 

17 The Secretary shall include a description of the an18 nual results of research carried out with assistance 

19 under this section in the report required under section 

20 103(f). 

21 ‘‘(3) CONTRIBUTIONS.—For purposes of carrying 

22 out this section, the Secretary may accept, solicit, re23 ceive, hold, administer, and use gifts, devises, and be24 quests.’’; and 

25 (2) by striking subsections (c) and (d). 
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1 SEC. 19. FINES AND PENALTIES. 

2 (a) FINES AND PENALTIES, GENERALLY.—Section 105 

3 (16 U.S.C. 1375) is amended— 

4 (1) in subsection (a)(1) by striking ‘‘$10,000’’ 

5 and inserting ‘‘$20,000’’; and 

6 (2) in subsection (b) by striking ‘‘$20,000’’ and 

7 inserting ‘‘$30,000’’. 

8 (b) VESSEL PENALTY.—Section 106(b) (16 U.S.C. 

9 1376(b)) is amended by striking ‘‘$25,000’’ and inserting 

10 ‘‘$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 Comand ordered to be printed mittee of the Whole House on the State of the Union,