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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3316 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 3316

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2003

 Mr. Pallone 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.

    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 Preservation and 
Recovery Act of 2003''.

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.).

                      TITLE I--GENERAL PROVISIONS

SEC. 101. 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 Replaced 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''.
    (c) Obsolete Sections.--
            (1) In general.--The Marine Mammal Protection Act of 1972 
        (16 U.S.C. 1361 et seq.) is amended by striking section 114 and 
        subsections (f) through (j) of section 120.
            (2) Clerical amendment.--The table of contents in the first 
        section is amended by striking the item relating to section 
        114.
    (d) Definition of Bona Fide Research.--Section 3(22)(A) (16 U.S.C. 
1362(22)(A)) is amended by striking ``referred'' and inserting 
``refereed''.
    (e) Return of Seized Matter.--Section 107(e)(4)(B) (16 U.S.C. 
1377(e)(4)(B)) is amended by striking ``with'' and inserting 
``within''.
    (f) Cross Reference.--Section 109(d)(1) (16 U.S.C. 1379(d)(1)) is 
amended by striking ``3(14)(B)'' and inserting ``3(15)(B)''.
    (g) Annual Review of Programs.--Section 112(d) (16 U.S.C. 1382(d)) 
is amended in the second sentence by striking ``purposes of policies'' 
and inserting ``purposes and policies''.
    (h) Conforming Amendments Relating to Repeal of Section 114.--
            (1) Section 102(a) (16 U.S.C. 1372(a)) is amended by 
        striking ``114,''.
            (2) Section 118 (16 U.S.C. 1387) is amended--
                    (A) in subsection (a)(1) by striking ``section 114 
                and in''; and
                    (B) in subsection (c)--
                            (i) in paragraph (1)(A) by striking ``under 
                        section 114(b)(1) and which is in existence on 
                        March 31, 1994'' and inserting ``in the Federal 
                        Register by the Secretary on August 25, 1994''; 
                        and
                            (ii) in paragraph (4)(A) by striking 
                        ``Previous failure to comply with the 
                        requirements of section 114 shall not bar 
                        authorization under this section for an owner 
                        who complies with the requirements of this 
                        section.''.

SEC. 102. 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 all after ``Authorization of 
Appropriations.--'' and inserting the following:
            ``(1) There are authorized to be appropriated to the 
        Secretary of Commerce, for the purposes of carrying out this 
        section--
                    ``(A) $3,000,000 for fiscal year 2004;
                    ``(B) $3,500,000 for fiscal year 2005;
                    ``(C) $4,000,000 for fiscal year 2006;
                    ``(D) $4,500,000 for fiscal year 2007; and
                    ``(E) $5,000,000 for fiscal year 2008.
            ``(2) There are authorized to be appropriated to the 
        Secretary of the Interior for the purposes of carrying out this 
        section--
                    ``(A) $3,000,000 for fiscal year 2004;
                    ``(B) $3,500,000 for fiscal year 2005;
                    ``(C) $4,000,000 for fiscal year 2006;
                    ``(D) $4,500,000 for fiscal year 2007; and
                    ``(E) $5,000,000 for fiscal year 2008.''.
    (d) Marine Mammal Commission.--
            (1) 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 the purposes of carrying out this title--
            ``(1) $3,400,000 for fiscal year 2004;
            ``(2) $3,450,000 for fiscal year 2005;
            ``(3) $3,500,000 for fiscal year 2006;
            ``(4) $3,550,000 for fiscal year 2007; and
            ``(5) $3,600,000 for fiscal year 2008.''.
            (2) Repeal of limitation on procurement of experts and 
        consultants.--Section 206(4) (16 U.S.C. 1406(4)) is amended by 
        striking ``(but at rates for individuals not to exceed $100 per 
        diem)''.

SEC. 103. DEFINITION OF HARASSMENT.

    Section 3(18) (16 U.S.C. 1362(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; or
                    ``(ii) disturbs or has the potential to disturb a 
                marine mammal or marine mammal stock in the wild by 
                causing disruption of biologically significant 
                activities, including, but not limited to, surfacing, 
                communication, sheltering, resting, migration, 
                breeding, care of young, predator avoidance or defense, 
                feeding, or foraging.
            ``(B)(i) The term `Level A harassment' means harassment 
        described in subparagraph (A)(i).
            ``(ii) The term `Level B harassment' means harassment 
        described in subparagraph (A)(ii).
            ``(C) In this paragraph--
                    ``(i) the term `potential' means capability or 
                possibility; and
                    ``(ii) the term `disruption' means an interruption 
                of the normal course, taking into account the 
                cumulative effects that behavioral changes may have on 
                biologically significant activities.''.

                    TITLE II--CAPTIVE MARINE MAMMALS

SEC. 201. CAPTIVE MARINE MAMMAL INVENTORY REVISION.

    Section 104(c)(10) (16 U.S.C. 1374(c)(10)) is amended to read as 
follows:
            ``(10) Captive marine mammal inventory.--
                    ``(A) Responsibilities.--The Secretary shall 
                establish and maintain an inventory of all marine 
                mammals possessed pursuant to permits issued under 
                paragraph (2)(A) by persons exercising rights under 
                paragraph (2)(C), and all progeny of such marine 
                mammals. The inventory shall contain, for each marine 
                mammal, only the following information:
                            ``(i) The name of the marine mammal or 
                        other identification.
                            ``(ii) The sex of the marine mammal.
                            ``(iii) The estimated or actual birth date 
                        of the marine mammal.
                            ``(iv) The date of acquisition or 
                        disposition of the marine mammal by the permit 
                        holder.
                            ``(v) The source from which the marine 
                        mammal was acquired, including the location of 
                        the take of the marine mammal from the wild, if 
                        applicable.
                            ``(vi) If the marine mammal is transferred, 
                        the name of the recipient.
                            ``(vii) A statement of whether or not the 
                        marine mammal was acquired as the result of a 
                        stranding.
                            ``(viii) The date of death of the marine 
                        mammal, and the cause of death if otherwise 
                        determined.
                    ``(B) Provision of information.--A person that 
                possesses a marine mammal referred to in subparagraph 
                (A) shall, upon request by the Secretary, provide to 
                the Secretary the information referred to in 
                subparagraph (A) with respect to the marine mammal.
                    ``(C) Database.--The Secretary shall establish and 
                maintain a publicly accessible, coordinated, and up-to-
                date information sharing system that--
                            ``(i) allows the access to and exchange of 
                        information among Federal agencies and the 
                        public;
                            ``(ii) utilizes, to the greatest extent 
                        practicable, the Internet; and
                            ``(iii) is consistent with other widely 
                        used database formats.
                    ``(D) Authority to use agreements.--To carry out 
                data-gathering and develop and maintain a comprehensive 
                captive marine mammal inventory responsibilities of the 
                Secretary under subparagraph (A), and to establish and 
                maintain a database under subparagraph (C), the 
                Secretary may in accordance with chapter 11 of title 
                40, United States Code, and to the extent amounts are 
                available to carry out this paragraph, enter into 
                contracts and other agreements with qualified 
                entities.''.

SEC. 202. CAPTIVE MARINE MAMMAL CARE AND MAINTENANCE STANDARDS ADVISORY 
              COMMITTEE.

    (a) In General.--The Marine Mammal Commission shall, in 
consultation with representatives of Federal agencies and interested 
parties, establish an advisory committee on the promulgation of 
standards and other requirements governing the humane handling, care, 
treatment, and transportation of marine mammals by dealers, research 
facilities, exhibitors, carriers, and other regulated entities, as 
authorized under the Animal Welfare Act (7 U.S.C. 2131 et seq.).
    (b) Membership.--Members of the advisory committee shall include--
            (1) officers or employees of Federal agencies who have 
        expertise in the care of marine mammals in captivity; and
            (2) a broad representation of stakeholders, including but 
        not limited to public display associations, accredited 
        veterinarians or veterinary associations, relevant animal 
        welfare or environmental non-governmental organizations (or 
        both), marine mammal scientists, and marine mammal trainers or 
        exhibitors.
    (c) Topics.--The advisory committee may provide advice under this 
section regarding, among other matters, veterinary oversight, facility 
size and appropriateness, maintenance and upkeep, levels of interaction 
with the public, and, especially in the case of interactive feeding 
programs, factors affecting visitor access, education, and oversight.
    (d) Report and Termination.--The Marine Mammal Commission--
            (1) shall submit to the Congress and the Secretary of 
        Agriculture a report that incorporates the advice of the 
        advisory committee, by not later than 2 years after the date of 
        the enactment of this Act; and
            (2) shall disband the advisory committee upon the 
        submission of such report.
    (e) FACA.--The Federal Advisory Committee Act (5 App. U.S.C.) shall 
not apply to the advisory committee established under this subsection.
    (f) Definition.--In this section, the term ``interactive feeding 
program'' means an exhibit at a facility providing access to the public 
to be in proximity, without barriers, to marine mammals to observe, 
feed, and touch them.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Marine Mammal Commission, for the purpose of 
carrying out this section, $750,000 for each of fiscal years 2004 and 
2005.

SEC. 203. CAPTIVE RELEASE PROHIBITION.

    Section 102(a) (16 U.S.C. 1372(a)) is amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) for any person subject to the jurisdiction of the 
        United States to release, in the waters of the United States or 
        in the high seas, any marine mammal maintained in captivity at 
        a facility unless specifically authorized to do so under a 
        permit issued pursuant to section 104(c) or under 109(h) of 
        this Act, except that this paragraph shall not apply to the 
        temporary release of any marine mammal by the Department of 
        Defense for military or research purposes if the marine mammal 
        is--
                    ``(A) maintained in captivity under section 7524 of 
                title 10, United States Code, or is the 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).''.

SEC. 204. TRAVELING EXHIBITS.

    Section 102 (16 U.S.C. 1372) is amended by adding at the end the 
following:
    ``(g) Traveling Exhibits.--
            ``(1) Prohibition.--It is unlawful for any person subject 
        to the jurisdiction of the United States to import, export, 
        possess, or transport any marine mammal in connection with a 
        traveling exhibit. No permit shall be issued under this Act for 
        such purpose.
            ``(2) Definition.--In this subsection the term `traveling 
        exhibit' means any mobile or traveling housing facility or 
        exhibit of live marine mammals that moves such marine mammals 
        to different locations on a routine or frequent basis for 
        purposes of public display or public education.''.

            TITLE III--ENHANCED CONSERVATION AND ENFORCEMENT

SEC. 301. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL PRODUCTS.

    (a) Export Conditions.--Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is 
amended--
            (1) in subparagraph (A) by striking clause (i), and 
        redesignating clauses (ii) and (iii) in order as clauses (i) 
        and (ii); and
            (2) by adding at the end the following:
                    ``(C) A marine mammal product may be exported from 
                the United States if the product--
                            ``(i) is legally possessed and exported as 
                        part of a cultural exchange, by an Indian, 
                        Aleut, or Eskimo residing in Alaska; or
                            ``(ii) 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) Exemptions for Alaska Natives.--Section 101(b) (16 U.S.C. 
1371(b)) is amended--
            (1) in the matter preceding paragraph (1) by inserting ``or 
        transporting'' after ``with respect to the taking''; and
            (2) in paragraph (2) by striking ``Provided, That'' and all 
        that follows through ``commerce:'' and inserting ``Provided, 
        That only authentic native articles of handicrafts and clothing 
        may be purchased, sold, or transported in interstate or foreign 
        commerce or exported or imported for purposes other than 
        cultural exchange, as that term is defined in subsection 
        (a)(6)(B)(ii):''.

SEC. 302. EXPORT PROHIBITION.

    Section 102(a)(4) (16 U.S.C. 1372(a)(4)) is amended to read as 
follows:
            ``(4) for any person to transport, purchase, sell, export, 
        or offer to purchase, sell, or export any marine mammal or 
        marine mammal product; and''.

SEC. 303. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE PROGRAM.

    Section 408 (16 U.S.C. 1421f-1) is amended as follows:
            (1) Subsection (a) is amended to read as follows:
    ``(a) In General.--(1) Subject to the availability of 
appropriations, the Secretary shall conduct a program to be known as 
the John H. Prescott Marine Mammal Rescue Assistance Program, to 
provide for--
            ``(A) the recovery or treatment of marine mammals;
            ``(B) the collection of data from living or dead stranded 
        marine mammals for scientific research regarding marine mammal 
        health;
            ``(C) facility operation costs that are directly related to 
        those purposes; and
            ``(D) assistance for persons responding to stranding events 
        requiring emergency assistance.
    ``(2) To carry out the purpose of this section, and to the extent 
amounts are available to carry out this section, the Secretary may 
enter into grants, cooperative agreements, contracts, or other 
agreements.
    ``(3)(A) The Secretary shall provide support to the program under 
this section by providing financial assistance awards to eligible 
stranding network participants to carry out the activities referred to 
in paragraph (1).
    ``(B) The Secretary shall ensure that, to the greatest extent 
practicable, funds provided as financial assistance under this 
subsection are distributed equitably among the stranding regions 
designated as of the date of the enactment of the Marine Mammal Rescue 
Assistance Act of 2000, and in distributing such funds shall give 
preference to those facilities that have established records for 
rescuing or rehabilitating sick and stranded marine mammals in each of 
the respective regions, or subregions.
    ``(C) In determining the priorities among such regions, the 
Secretary may consider--
            ``(i) any episodic stranding or any mortality event other 
        than an event described in section 410(6), that occurred in any 
        region in the preceding year;
            ``(ii) data regarding average annual strandings and 
        mortality events per region; and
            ``(iii) the size of the marine mammal populations 
        inhabiting a geographic area within such a region.
    ``(4)(A) Except as provided in subparagraph (B), the Secretary may 
provide assistance under paragraph (1)(D) only with respect to 
stranding events that--
            ``(i) are unexpected;
            ``(ii) are not an unusual mortality event as defined in 
        section 409(6); and
            ``(iii) lead to an immediate increase in required costs to 
        stranding response, recovery, or rehabilitation above regularly 
        scheduled costs.
    ``(B) Notwithstanding subparagraph (A), the Secretary may provide 
assistance under paragraph (1)(D) with respect to stranding events 
that--
            ``(i) are cyclical or endemic; or
            ``(ii) involve out-of-habitat animals.''.
            (2) Subsection (b) is amended by striking ``a grant'' and 
        inserting ``financial assistance''.
            (3) Subsection (c) is amended--
                    (A) by striking ``grant'' and inserting ``financial 
                assistance''; and
                    (B) by striking ``grants'' and inserting ``funds''.
            (4) Subsection (e) is amended by striking ``a grant'' each 
        place it appears and inserting ``funds''.
            (5) Subsection (h) is amended--
                    (A) by striking ``2001 through 2003'' and inserting 
                ``2004 through 2008'';
                    (B) by redesignating paragraph (1) as subparagraph 
                (A) and paragraph (2) as subparagraph (B);
                    (C) by inserting ``(1)'' before ``There are 
                authorized''; and
                    (D) by adding at the end the following:
    ``(2) In addition to the amounts authorized by paragraph (1), there 
are authorized to be appropriated to the Secretary to carry out 
subsection (a)(1)(D) $2,000,000 for each of fiscal years 2004 through 
2008. The Secretary may allocate amounts appropriated under this 
paragraph at the Secretary's discretion, and may use such amounts to 
provide assistance under this section without regard to the limitations 
of subsections (d) and (e), to reimburse persons who respond to 
stranding events that qualify for emergency assistance under subsection 
(a)(4).''.
            (6) At the end of the section add the following:
    ``(i) Delegation of Authority.--The Secretary may delegate to 
another Federal instrumentality, other than the Marine Mammal 
Commission, the authority of the Secretary under this section, other 
than the authority to approve applications for grants and make 
grants.''.

SEC. 304. STRANDING AND ENTANGLEMENT RESPONSE.

    (a) Collection of Information.--Section 402(b)(1)(A) (16 U.S.C. 
1421a(b)(1)(A)) is amended by inserting the words ``or entangled'' 
after the word ``stranded''.
    (b) Response Agreements.--
            (1) In general.--Section 403 (16 U.S.C. 1421b) is amended--
                    (A) in the section heading by inserting ``OR 
                ENTANGLEMENT'' after ``STRANDING''; and
                    (B) in subsection (a) by inserting ``or 
                entanglement'' before the period at the end.
            (2) Clerical amendment.--The table of contents in the first 
        section is amended by striking the item relating to section 403 
        and inserting the following:

``Sec. 403. Stranding and entanglement response agreements.''.
    (c) Liability.--Section 406(a) (16 U.S.C. 1421e(a)) is amended by 
striking so much as precedes paragraph (1) and inserting the following:
    ``(a) In General.--A person who is authorized to respond to a 
stranding or entanglement pursuant to an agreement entered into under 
section 112(c) is deemed to be an employee of the Government for 
purposes of chapter 171 of title 28, United States Code, with respect 
to actions that are--''.

SEC. 305. ENTANGLEMENT DEFINITION.

    Section 410 (16 U.S.C. 1421h) is amended by adding at the end the 
following:
            ``(7) 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 (including any navigable waters).''.

SEC. 306. UNUSUAL MORTALITY EVENT FUNDING.

    Section 405(c)(2) (16 U.S.C. 1421d(c)(2)) is amended by striking 
``for use with respect to unusual mortality events'' and inserting 
``under this Act''.

SEC. 307. MARINE MAMMAL RESEARCH GRANTS.

    Section 110 (16 U.S.C. 1380) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Authorization; Annual Report.--The Secretary is authorized to 
make grants, or to 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. 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).''; and
            (2) by striking subsections (c) and (d).

SEC. 308. PENALTIES.

    Section 105 (16 U.S.C. 1375) is amended--
            (1) by striking so much as precedes subsection (a)(2) and 
        inserting the following:
    ``(a)(1) Any person who violates any provision of this title, or of 
any permit or regulation issued under this title, may be assessed a 
civil penalty by the Secretary of not more than $50,000 for each such 
violation, except as provided in section 118. No penalty shall be 
assessed unless such person is given notice and opportunity for a 
hearing with respect to such violation. Each unlawful taking, 
importation, exportation, sale, purchase, or transport and each day on 
which unlawful fishing is conducted in violation of section 
118(c)(3)(B) 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.''; and
            (2) in subsection (b)--
                    (A) by striking ``$20,000'' and inserting 
                ``$100,000''; and
                    (B) by adding at the end the following: ``, except 
                that if in the commission of any offense described in 
                section 102(g) the person uses a dangerous weapon, 
                engages in conduct that causes bodily injury to any 
                person authorized by the Secretary to enforce this 
                title, or places any such person in fear of imminent 
                bodily injury, the offense is punishable by a fine 
                under title 18, United States Code, or imprisonment for 
                not more than 10 years, or both''.

SEC. 309. USE OF FINES AND PENALTIES.

    (a) Fines and Penalties Collected by United States Fish and 
Wildlife Service.--Title I of the Department of the Interior 
Appropriations Act, 2000 (16 U.S.C. 1375a; 113 Stat. 1501A-139) is 
amended under the heading ``United States Fish and Wildlife Service--
Resource Management'', by inserting ``and penalties'' after ``fines''.
    (b) Fines and Penalties Collected by NOAA.--Section 105 (16 U.S.C. 
1375) is amended by adding at the end the following:
    ``(c) Use of Fines and Penalties.--
            ``(1) Deposit.--All fines and penalties collected by the 
        Secretary of the department in which the National Oceanic and 
        Atmospheric Administration is operating for violations of this 
        Act or regulations issued under this Act shall be deposited 
        into a separate account in the Treasury.
            ``(2) Use.--Amounts deposited under paragraph (1)--
                    ``(A) may be used by the Secretary of Commerce, 
                subject to appropriations, for expenses incurred by the 
                Secretary of Commerce--
                            ``(i) in enforcing the Act; or
                            ``(ii) in administering activities for the 
                        protection and recovery of marine mammal 
                        species under the administrative jurisdiction 
                        of the Secretary of Commerce; and
                    ``(B) shall remain available until expended.''.

SEC. 310. VESSEL FINES AND CARGO FORFEITURE.

    Section 106 (16 U.S.C. 1376) is amended--
            (1) in subsection (a) by inserting ``or in fishing in 
        violation of section 118(c)(3)(A)(i), (iii), (iv), or (v),'' 
        after ``that is employed in any manner in the unlawful taking 
        of any marine mammal'';
            (2) in subsection (a) by inserting ``or unlawful fishing'' 
        after ``in connection with the unlawful taking of a marine 
        mammal'';
            (3) in subsection (b) by inserting ``or in fishing in 
        violation of section 118(c)(3)(A)(i), (iii), (iv), or (v),'' 
        after ``that is employed in any manner in the unlawful taking 
        of any marine mammal''; and
            (4) in subsection (b) by striking ``$25,000'' and inserting 
        ``$50,000''.

SEC. 311. ENFORCEMENT.

    Section 107(b) (16 U.S.C. 1377(b)) is amended by adding at the end 
the following: ``The Secretary shall seek to enter into agreements 
pursuant to section 112(c) with State law enforcement agencies to 
establish, implement, and provide funding for cooperative enforcement 
of this title.''.

SEC. 312. OBSTRUCTIONS WITH INVESTIGATIONS AND AUTHORIZED ACTIVITIES.

    Section 102 (16 U.S.C. 1372) is amended by adding at the end the 
following:
    ``(h) Obstructions of Investigations and Authorized Activities.--It 
is unlawful for any person to--
            ``(1) refuse to allow any person authorized by the 
        Secretary to enforce this title to board any vessel or other 
        conveyance for purposes of conducting any search or inspection 
        in connection with enforcement of this title;
            ``(2) assault, resist, oppose, impede, intimidate, sexually 
        harass, bribe, or interfere with, or attempt to assault, 
        resist, oppose, impede, intimidate, sexually harass, bribe, or 
        interfere with--
                    ``(A) any person authorized by the Secretary to 
                enforce this title, who is conducting any search or 
                inspection in connection with enforcement of this 
                title; or
                    ``(B) any observer on a vessel under this Act, or 
                any data collector employed by the Secretary or under 
                any contract to any person to carry out 
                responsibilities under this Act;
            ``(3) resist a lawful arrest for any act prohibited under 
        this title;
            ``(4) interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of any person, knowing such person has 
        committed any act prohibited by this title; or
            ``(5) knowingly and willfully submit false information to 
        any person authorized by the Secretary to implement or enforce 
        the provisions of this title.''.

SEC. 313. CALIFORNIA SEA OTTER FISHERY INTERACTIONS.

    Section 118(a)(4) (16 U.S.C. 1387(a)(4)) is amended by adding at 
the end the following: ``Notwithstanding the preceding sentence, the 
Secretary shall include information concerning California sea otters in 
the list of fisheries published pursuant to subsection (c)(1) and shall 
include that species in determinations regarding monitoring programs 
pursuant to subsection (d).''.

SEC. 314. PINNIPED RESEARCH.

    Section 120 (16 U.S.C. 1389) is further amended by adding at the 
end the following:
    ``(f) Research on Nonlethal Removal and Control.--
            ``(1) Research plan.--The Secretary shall develop a 
        research plan and conduct research on the nonlethal removal, 
        deterrence, and control of nuisance pinnipeds. The research 
        plan shall include a review of measures that have been taken to 
        effect such removal and the effectiveness of those measures, 
        and shall propose research to test new technologies that deter 
        nuisance pinnipeds while minimizing the potential for impacts 
        on other marine mammal species and on the marine environment. 
        The development and testing of safe, nonlethal removal, 
        deterrence and control methods may include the humane take of 
        marine mammals by Level B harassment.
            ``(2) Participants.--The Secretary shall consult with the 
        Marine Mammal Commission in selection of the individuals that 
        develop the research plan under this subsection, and shall 
        include among the individuals selected representatives of 
        academic and scientific organizations, environmental groups, 
        commercial and recreational fisheries groups, gear 
        technologists, and others as the Secretary considers 
        appropriately qualified.
            ``(3) Use of independent institutions.--In developing and 
        conducting the research program, the Secretary is encouraged, 
        where appropriate, to use research institutions that are 
        independent of the Federal Government.
            ``(4) Annual report.--The Secretary shall, by March 31 of 
        each year, submit an annual report on the results of research 
        and recommendations for future research priorities under this 
        subsection to the Committee on Resources of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            ``(5) Public review and comment.--The Secretary shall make 
        the report and recommendations submitted under paragraph (4) 
        available to the public for review and comment for a period of 
        90 days before submission under paragraph (4).
            ``(6) Donations.--For the purposes of carrying out this 
        section, the Secretary may accept, solicit, receive, hold, 
        administer, and use gifts, devices, in-kind contributions, and 
        bequests.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $2,000,000 for each fiscal 
        year to carry out this subsection.
    ``(g) Nonlethal Control Grant Program.--
            ``(1) In general.--The Secretary may, to the extent amounts 
        are available to carry out this section, provide a grant to any 
        eligible applicant to carry out a qualified nonlethal control 
        project in accordance with this subsection.
            ``(2) Functions of the secretary.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) 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
                            ``(ii) receive, review, evaluate, and 
                        approve applications for grants under this 
                        subsection.
                    ``(B) Advice.--To obtain advice regarding proposed 
                grants under this subsection, including advice on the 
                scientific merit, technical merit, and feasibility of a 
                proposed grant, the Secretary shall consult with the 
                individuals that develop the research plan under 
                subsection (f).
                    ``(C) Delegation of authority.--The Secretary may 
                delegate to another Federal instrumentality the 
                authority of the Secretary under this subsection, other 
                than the authority to approve applications for grants 
and make grants.
            ``(3) Eligible applicant.--To be an eligible applicant for 
        purposes of paragraph (1), an applicant shall--
                    ``(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 non-
                lethal control of nuisance pinnipeds project.
            ``(4) Qualified control project.--To be a qualified control 
        project under this subsection, a project shall--
                    ``(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 for projects.--
                    ``(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 in-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 
        annually to carry out the provisions of this subsection.
    ``(h) Clarification.--Nothing in this section shall be interpreted 
as suspending or waiving requirements under title I.''.

SEC. 315. DETERRENCE OF MARINE MAMMALS.

    (a) Regulations.--Section 101(a)(4)(B) (16 U.S.C. 1371(a)(4)(B)) is 
amended--
            (1) by striking ``a list of guidelines for use in'' and 
        inserting ``final regulations to implement this paragraph. Such 
        regulations shall include permissible measures for'';
            (2) by striking ``safely deterring marine mammals'' and 
        inserting ``safely and non-lethally deterring marine mammals 
        while minimizing the potential for impacts on other marine 
        mammals and on the marine environment'';
            (3) by striking ``the Secretary shall recommend'' and 
        inserting ``the final regulations shall prescribe'';
            (4) by striking ``specific measures which may be used to 
        nonlethally deter'' and inserting ``specific nonlethal measures 
        that may be used to deter such''; and
            (5) by striking the last sentence.
    (b) Prohibition.--Section 101(a)(4)(C) (16 U.S.C. 1371(a)(4)(C)) is 
amended to read as follows:
                    ``(C) After the effective date of the final 
                regulations issued under subparagraph (B), it shall be 
                a violation of this Act for any person to use a measure 
                to deter marine mammals pursuant to subparagraph (A) 
                that is not authorized in such regulations.''.
    (c) Petition To Add Measure to List.--Section 101(a)(4) (16 U.S.C. 
1371(a)(4)) is amended by adding at the end the following:
                    ``(E) Any person may petition the Secretary 
                pursuant to section 552 of title 5, United States Code, 
                to add a nonlethal marine mammal deterrence measure to 
                those listed in the final regulations issued under 
                subparagraph (B). The burden of proof shall be on the 
                petitioner to demonstrate that the proposed measure is 
                safe and effective. If the Secretary finds, based on 
                the best available scientific information, and after 
                notice and opportunity for public comment, that the 
                proposed measure is a safe and effective means of non-
                lethal deterrence of marine mammals, the Secretary 
                shall amend the final regulations issued under 
                subparagraph (B) to add such measure to the list of 
                permissible measures and shall promptly publish notice 
                of such action in the Federal Register.''.

SEC. 316. CUMULATIVE TAKES.

    Section 101(a)(5)(D)(i)(I) (16 U.S.C. 1371(a)(5)(D)(i)(I)) is 
amended to read as follows:
            ``(I) will have a negligible impact on such species or 
        stock, with consideration given to all reasonably foreseeable 
        activities, including such activities that may occur beyond the 
        1-year authorization period, and that may cumulatively result 
        in more than a negligible impact;''.

SEC. 317. REPORT ON EMERGING THREATS TO MARINE MAMMALS.

    (a) In General.--The Chairman of the Marine Mammal Commission 
shall, after consultation with interested parties and by not later than 
January 1, 2005, transmit to the Secretary of Commerce and the 
Secretary of the Interior, the Committee on Resources of the House of 
Representatives, and the Committee on Commerce, Science, and 
Transportation of the Senate, and make available to the public, a 
report on emerging threats to marine mammals. The report shall be 
developed by the Commission and its Committee of Scientific Advisers on 
Marine Mammals in consultation with individuals with knowledge and 
experience in marine science, atmospheric science, chemical and 
physical oceanography, organic and inorganic chemistry, and marine 
conservation.
    (b) Subjects.--The report shall--
            (1) identify and assess the magnitude of emerging and 
        existing threats to marine mammal stocks;
            (2) evaluate the health of marine mammal stocks in the 
        wild, and correlate that information with data on physical, 
        chemical, and biological environmental parameters;
            (3) identify data gaps and provide a research plan to fill 
        such gaps; and
            (4) provide recommendations for regulations or statutory 
        changes to the Marine Mammal Protection Act of 1972 to mitigate 
        such threats.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Marine Mammal Commission to carry out this section 
$1,500,000 for fiscal year 2004.

SEC. 318. SHIP STRIKE REDUCTION PLAN.

    (a) In General.--The Secretary of Commerce shall publish in the 
Federal Register, within 1 year after the date of the enactment of this 
Act, and implement a ship strike reduction plan with a goal to reduce, 
within 5 years after the first date of the implementation of the plan, 
the mortality and serious injury of North Atlantic right whales caused 
by ship strikes to levels approaching zero.
    (b) Contents.--The ship strike reduction plan shall include--
            (1) a review of the information in the most recent stock 
        assessment for North Atlantic right whales published under 
        section 117(b) of the Marine Mammal Protection Act of 1972 (16 
        U.S.C. 1386(b)), and any substantial new information;
            (2) an estimate of the total number and, if possible, ages 
        and genders, of North Atlantic right whales that are being 
        lethally taken or seriously injured each year by ship strikes;
            (3) regulatory or other measures that the Secretary will 
        take to reduce mortality and serious injury caused by ship 
        strikes;
            (4) dates for achieving the specific objectives, and 
        enactment of the regulatory measures, included in the plan; and
            (5) recommendations for any additional authority needed by 
        the Secretary to implement a plan described in this section.

SEC. 319. STOCK ASSESSMENT PRIORITIES AND GENERAL RE-EVALUATION.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this section, the Secretary of Commerce shall reconvene 
the regional scientific review groups authorized under section 117(d) 
of the Marine Mammal Protection Act of 1973 (16 U.S.C. 1386(d)).
    (b) Subjects.--In addition to the subjects listed in section 117(d) 
(1) of such Act, the regional scientific review groups shall advise the 
Secretary on--
            (1) which stock assessments are obsolete and in need of 
        revision;
            (2) priorities among stock assessment reviews; and
            (3) any necessary changes to the revised list of fisheries 
        published under section 118(c)(1) of that Act (16 U.S.C. 
        1387(c)(1).
    (c) Report To Congress.-- Not later than 2 years after the date of 
the enactment of this section, the Secretary shall compile 
recommendations from the regional scientific review groups into a final 
strategy to update and complete all stock assessments and report such 
compilation to the Congress.
    (d) Authorization of Appropriations.--To carry out this section 
there is appropriated to the Secretary of Commerce $1,000,000 for each 
of fiscal years 2004 and 2005.

                    TITLE IV--FISHERIES INTERACTIONS

SEC. 401. FISHERY INTERACTION.

    (a) In General.--Section 118 (16 U.S.C. 1387) is amended--
            (1) in subsection (c)(3) by amending so much as precedes 
        subparagraph (B) to read as follows:
    ``(3)(A) An owner of a vessel engaged in a fishery listed under 
paragraph (1)(A)(i) or (ii), and the master or operator of any such 
vessel, shall, in order to engage lawfully in that fishery--
            ``(i) have registered 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 
        section;
            ``(ii) ensure that a decal or such other physical evidence 
        of a Current and valid authorization as the Secretary may 
        require is displayed on or is in the possession of the master 
        of each such vessel;
            ``(iii) report as required by subsection (e);
            ``(iv) comply with any applicable take reduction plan and 
        emergency regulations issued under this section; and
            ``(v) take on board an observer if requested to do so by 
        the Secretary.'';
            (2) in subsection (c)(3) by striking subparagraph (B) and 
        redesignating subparagraphs (C), (D), and (E) as subparagraphs 
        (B), (C), and (D), respectively;
            (3) in subsection (c)(3)(B), as so redesignated, by 
        striking ``or'' after the semicolon at the end of clause (ii), 
        by striking the comma at the end of clause (iii) and inserting 
        ``; or'', and by inserting after clause (iii) the following:
            ``(iv) fails to take an observer when requested to do so by 
        the Secretary,'';
            (4) in subsection (c)(3)(B), as so redesignated and 
        amended, in the matter after clause (iv) by striking ``clauses 
        (i) and (ii)'' and all that follows and inserting ``clauses 
        (i), (ii), and (iv) shall be subject to the penalties, fines, 
        and forfeiture under sections 105 and 106, and for violations 
        of clause (iii) shall be subject to a fine of not more than 
        $1,000 for each offense.'';
            (5) in subsection (d) by adding at the end the following:
    ``(10) The Secretary may establish a system of fees to pay for the 
costs of implementing an observer program established under this 
section.'';
            (6) in subsection (f) by striking so much as precedes 
        paragraph (2) and inserting the following:
    ``(f) Take Reduction Plans.--(1)(A) The Secretary shall develop and 
implement a take reduction plan designed to assist in the recovery or 
prevent the depletion of each strategic stock that 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.
    ``(B) The Secretary may develop and implement a take reduction plan 
designed to assist in the recovery or prevent the depletion of any 
other marine mammals stocks that interact with a fishery listed under 
subsection (c)(1)(A)(i) that 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.
    ``(C) Wherever possible, in coordination with an existing take 
reduction plan or team, the Secretary may develop and implement a plan 
designed to assist in the recovery or prevent the depletion of any 
other marine mammal stock for which the Secretary determines, after 
notice and opportunity for public comment, that competition between a 
commercial fishery and the stock of marine mammals for a fish species 
that constitute the marine mammal stock's prey is having or is likely 
to have an adverse impact on the marine mammal stock.'';
            (7) in subsection (f)(6)(A) by striking ``and'' after the 
        semicolon at the end of clause (i), by striking the period at 
        the end of clause (ii) and inserting ``; and'', and by adding 
        at the end the following:
            ``(iii) assign a technical liaison, with commercial fishing 
        expertise, to the team to provide information to team members 
        regarding fishing practices and gear usage during the take 
        reduction plan development process.'';
            (8) in subsection (f)(7)(B) by adding at the end the 
        following:
            ``(iii) The Secretary shall reconvene or otherwise consult 
        with the team to solicit comments on the proposed regulations 
        and any proposed changes to the draft plan during the period of 
        public review and comment.'';
            (9) in subsection (j) by inserting ``including observer 
        programs, research, and education and outreach programs,'' 
        after ``For purposes of carrying out this section,'';
            (10) in subsection (f)(6)(A)--
                    (A) by inserting ``or (c)(1)(A)(ii)'' after ``that 
                interact with a fishery listed under subsection 
                (c)(1)(A)(i)''; and
                    (B) by inserting ``or (1)(B)'' after ``paragraph 
                (1)(A)''; and
            (11) in subsection (f)(8) by inserting ``or (c)(1)(A)(ii)'' 
        after ``that interact with a fishery listed under subsection 
        (c)(1)(A)(i)''.
    (b) Conforming Amendment.--Section 118(4)(A) is amended by striking 
``(3)(B)'' and inserting ``(3)(A)(v)''.

SEC. 402. 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) Fishing gear buy-back program.--Subject to the 
        availability of appropriations, the Secretary may establish a 
        voluntary fishing gear buy-back program, if such action is 
        specifically provided for in a take reduction plan adopted 
        pursuant to section 118(f) or in regulations promulgated 
        pursuant to section 118 (f) or (g).
            ``(3) 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 
        eliminate or 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.''.

SEC. 403. CLARIFICATION OF FISHERIES INCLUDED IN THE INCIDENTAL TAKE 
              PROGRAM.

    (a) Listed Fishery Defined.--Section 3 (16 U.S.C. 1362) is further 
amended by adding at the end the following:
            ``(33) The term `listed fishery' means a fishery included 
        on the list of fisheries published pursuant to section 
        118(c)(1).''.
    (b) Other Clarifications.--Section 118 (16 U.S.C. 1387) is 
amended--
            (1) in subsection (a)(1) by striking ``commercial fishing 
        operations'' and inserting ``engaging in a listed fishery''; -
            (2) in subsection (c)(1) by striking ``, within 90 days 
        after the date of enactment of this section'';
            (3) in subsection (c)(1)(A)--
                    (A) by striking ``commercial'' the first place it 
                appears; and
                    (B) by striking ``commercial fisheries that have'';
            (4) in subsection (c)(1)(A)(i) by inserting ``fisheries 
        that have'' before ``frequent incidental mortality'';
            (5) in subsection (c)(1)(A)(ii) by inserting ``fisheries 
        that have'' before ``occasional incidental mortality'';
            (6) in subsection (c)(1)(A)(iii) by inserting ``commercial 
        fisheries that have'' before ``a remote likelihood'';
            (7) in subsection (c)(2)(A) by striking ``commercial''; and
            (8) in subsection (e)--
                    (A) by striking ``commercial'' each place it 
                appears; and
                    (B) by striking ``Act'' and inserting ``section''.

SEC. 404. CONFORMING AMENDMENTS TO THE CLARIFICATION OF FISHERIES 
              INCLUDED IN THE INCIDENTAL TAKE PROGRAM.

    (a) Moratorium Exceptions.--Section 101 (16 U.S.C. 1371) is 
amended--
            (1) in subsection (a)(2) by striking ``commercial'' after 
        ``permitted in the course of'';
            (2) in subsection (a)(5)(A) by striking ``commercial 
        fishing'' and inserting ``engaging in a listed fishery'';
            (3) in subsection (a)(5)(D)(i) by striking ``commercial 
        fishing'' and inserting ``engaging in a listed fishery'';
            (4) in subsection (a)(5)(E)(i) by striking ``commercial 
        fishing operations'' and inserting ``a listed fishery'';
            (5) in subsection (a)(5)(E)(i)(I) by striking 
        ``commercial'' and inserting ``such''; and
            (6) in subsection (a)(5)(E)(iii)--
                    (A) by striking the word ``commercial'' each place 
                it appears; and
                    (B) by inserting ``those'' after ``serious injury 
                from''.
    (b) Prohibitions.--Section 102(a)(5) (16 U.S.C. 1372(a)(5)) is 
amended by striking ``commercial''.
    (c) Permits.--Section 104(a) (16 U.S.C. 1374(a)) is amended by 
striking ``commercial''.
    (d) Federal Cooperation With States.--Section 109(b)(3)(B)(i) (16 
U.S.C. 1379(b)(3)(B)(i)) is amended--
            (1) by striking ``commercial''; and
            (2) by striking ``(4)'' and inserting ``or section 118''.
    (e) Gear Development.--Section 111 (16 U.S.C. 1381) is further 
amended--
            (1) by striking the section heading and inserting the 
        following:

                    ``fisheries gear development'';

        and
            (2) in subsection (d)--
                    (A) by striking ``commercial''; and
                    (B) by striking ``documented under the laws of the 
                United States'' and inserting ``engaged in a listed 
                fishery''.
    (f) Take Reduction Plans.--Section 115(b)(4) (16 U.S.C. 
1383b(b)(4)) is amended to read as follows:
    ``(4) If the Secretary determines that a take reduction plan is 
necessary to reduce the taking of marine mammals incidental to engaging 
in a listed fishery from a strategic stock, or for species or stocks 
that interact with a fishery for which the Secretary has made a 
determination under section 118(f)(1), any conservation plan prepared 
under this subsection for such species or stock shall incorporate the 
take reduction plan required under section 118 for such species or 
stock.''.
    (g) Stock Assessments.--Section 117 (16 U.S.C. 1386) is amended--
            (1) by striking ``commercial'' each place it appears 
        (subject to paragraph (2)); and
            (2) in subsection (a)(4) by striking ``commercial'' and 
        inserting ``listed''.
    (h) Takings Incidental to Fishing Operations.--Section 118 (16 
U.S.C. 1387) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO FISHING 
              OPERATIONS.'';

            (2) in subsection (a)(5) by striking ``commercial'';
            (3) in subsection (c)(1)(B) by striking ``commercial'';
            (4) in subsection (c)(1)(C) by striking ``commercial'';
            (5) in subsection (c)(3)(B) as redesignated by section 
        401(2) of this Act, by inserting ``commercial'' after ``engaged 
        in any'';
            (6) in subsection (c)(5)(B) by striking ``commercial'';
            (7) in subsection (d)(1) by striking ``commercial fishing 
        operations'' and inserting ``engaging in a listed fishery'';
            (8) in subsection (d)(3) by striking ``commercial'' and 
        inserting ``listed'';
            (9) in subsection (d)(4) by striking ``commercial'' each 
        place it appears and inserting ``listed'';
            (10) in subsection (d)(5) by striking ``commercial fishing 
        operations'' and inserting ``engaging in a listed fishery'';
            (11) in subsection (f)(2) by striking ``commercial fishing 
        operations'' each place it appears and inserting ``engaging in 
        a listed fishery'';
            (12) in subsection (f)(3) by striking ``commercial'';
            (13) in subsection (f)(4)(B) by striking ``commercial 
        fishing operations'' and inserting ``engaging in a listed 
        fishery'';-
            (14) in subsection (f)(5)(A) by striking ``commercial'' and 
        inserting ``listed'';
            (15) in subsection (f)(5)(B) by striking ``commercial'' and 
        inserting ``listed'';
            (16) in subsection (f)(6)(A)(ii) by striking ``commercial'' 
        and inserting ``listed'';-
            (17) in subsection (f)(7)(D) by striking ``commercial'';
            (18) in the first sentence of subsection (f)(8) by striking 
        ``commercial'';
            (19) in subsection (f)(8)(D) by striking ``commercial'';
            (20) in subsections (f)(9)(A) by striking ``commercial'' 
        each place it appears and inserting ``listed'';
            (21) in subsections (f)(9)(B) and (C) by striking 
        ``commercial'' each place it appears;
            (22) in subsection (f)(9)(D) by striking ``commercial 
        fishing operations'' and inserting ``engaging in a listed 
        fishery'';
            (23) in the first sentence of subsection (g)(1) by striking 
        ``commercial'' and inserting ``listed'';
            (24) in subsection (g)(3)(B) by striking ``commercial''; 
        and
            (25) in subsection (g)(4) by striking ``commercial'' and 
        inserting ``listed''.
    (i) Tissue Bank.--Section 407(a)(3)(A) (16 U.S.C. 1421f(a)(3)(A)) 
is amended by striking ``commercial''.
                                 <all>
```