I 

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.

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 Pres5 ervation and Recovery Act of 2003’’. 

6 SEC. 2. AMENDMENT REFERENCES. 

7 Except as otherwise expressly provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

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

3 TITLE I—GENERAL PROVISIONS 

4 SEC. 101. TECHNICAL CORRECTIONS. 

5 (a) COMMITTEE REFERENCES.—The Marine Mam6 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 

7 amended by striking ‘‘Committee on Merchant Marine and 

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

9 on Resources’’. 

10 (b) OBSOLETE REFERENCE TO REPLACED SEC11 TION.—Section 118(c)(3)(A)(i) (16 U.S.C. 

12 1387(c)(3)(A)(i)) is amended by striking ‘‘, except that’’ 

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

14 (c) OBSOLETE SECTIONS.—

15 (1) IN GENERAL.—The Marine Mammal Pro16 tection Act of 1972 (16 U.S.C. 1361 et seq.) is 

17 amended by striking section 114 and subsections (f) 

18 through (j) of section 120. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents in the first section is amended by striking the 

21 item relating to section 114. 

22 (d) DEFINITION OF BONA FIDE RESEARCH.—Sec23 tion 3(22)(A) (16 U.S.C. 1362(22)(A)) is amended by 

24 striking ‘‘referred’’ and inserting ‘‘refereed’’. 
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1 (e) RETURN OF SEIZED MATTER.—Section 

2 107(e)(4)(B) (16 U.S.C. 1377(e)(4)(B)) is amended by 

3 striking ‘‘with’’ and inserting ‘‘within’’. 

4 (f) CROSS REFERENCE.—Section 109(d)(1) (16 

5 U.S.C. 1379(d)(1)) is amended by striking ‘‘3(14)(B)’’ 

6 and inserting ‘‘3(15)(B)’’. 

7 (g) ANNUAL REVIEW OF PROGRAMS.—Section 

8 112(d) (16 U.S.C. 1382(d)) is amended in the second sen9 tence by striking ‘‘purposes of policies’’ and inserting 

10 ‘‘purposes and policies’’. 

11 (h) CONFORMING AMENDMENTS RELATING TO RE12 PEAL OF SECTION 114.—

13 (1) Section 102(a) (16 U.S.C. 1372(a)) is 

14 amended by striking ‘‘114,’’. 

15 (2) Section 118 (16 U.S.C. 1387) is amended—

16 (A) in subsection (a)(1) by striking ‘‘sec17 tion 114 and in’’; and 

18 (B) in subsection (c)—

19 (i) in paragraph (1)(A) by striking 

20 ‘‘under section 114(b)(1) and which is in 

21 existence on March 31, 1994’’ and insert22 ing ‘‘in the Federal Register by the Sec23 retary on August 25, 1994’’; and 

24 (ii) in paragraph (4)(A) by striking 

25 ‘‘Previous failure to comply with the re-
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1 quirements of section 114 shall not bar au2 thorization under this section for an owner 

3 who complies with the requirements of this 

4 section.’’.

5 SEC. 102. MISCELLANEOUS AUTHORIZATIONS OF APPRO6 PRIATIONS. 

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

8 (16 U.S.C. 1384(a)) is amended to read as follows: 

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

10 authorized to be appropriated to the Department of Com11 merce, for purposes of carrying out its functions and re12 sponsibilities under this title (other than sections 117 and 

13 118) and title IV—

14 ‘‘(A) $23,728,000 for 2004; 

15 ‘‘(B) $24,378,000 for 2005; 

16 ‘‘(C) $25,028,000 for 2006; 

17 ‘‘(D) $25,678,000 for 2007; and 

18 ‘‘(E) $26,328,000 for 2008. 

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

20 Department of Commerce, for purposes of carrying out 

21 sections 117 and 118, $20,000,000 for each of the fiscal 

22 years 2004 through 2008.’’. 

23 (b) DEPARTMENT OF THE INTERIOR.—Section 

24 116(b) (16 U.S.C. 1384(b)) is amended to read as follows: 
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1 ‘‘(b) DEPARTMENT OF THE INTERIOR.—There are 

2 authorized to be appropriated to the Department of the 

3 Interior, for purposes of carrying out its functions and re4 sponsibilities under this title—

5 ‘‘(1) $11,800,000 for 2004; 

6 ‘‘(2) $12,300,000 for 2005; 

7 ‘‘(3) $12,800,000 for 2006; 

8 ‘‘(4) $13,300,000 for 2007; and 

9 ‘‘(5) $13,800,000 for 2008.’’. 

10 (c) COOPERATIVE AGREEMENTS IN ALASKA.—Sec11 tion 119(d) (16 U.S.C. 1388(d)) is amended by striking 

12 all after ‘‘AUTHORIZATION OF APPROPRIATIONS.—’’ and 

13 inserting the following: 

14 ‘‘(1) There are authorized to be appropriated to 

15 the Secretary of Commerce, for the purposes of car16 rying out this section—

17 ‘‘(A) $3,000,000 for fiscal year 2004; 

18 ‘‘(B) $3,500,000 for fiscal year 2005; 

19 ‘‘(C) $4,000,000 for fiscal year 2006; 

20 ‘‘(D) $4,500,000 for fiscal year 2007; and 

21 ‘‘(E) $5,000,000 for fiscal year 2008.

22 ‘‘(2) There are authorized to be appropriated to 

23 the Secretary of the Interior for the purposes of car24 rying out this section—

25 ‘‘(A) $3,000,000 for fiscal year 2004; 
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1 ‘‘(B) $3,500,000 for fiscal year 2005; 

2 ‘‘(C) $4,000,000 for fiscal year 2006; 

3 ‘‘(D) $4,500,000 for fiscal year 2007; and 

4 ‘‘(E) $5,000,000 for fiscal year 2008.’’. 

5 (d) MARINE MAMMAL COMMISSION.—

6 (1) AUTHORIZATION OF APPROPRIATIONS.—

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

8 follows: 

9 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated to the Ma11 rine Mammal Commission, for the purposes of carrying 

12 out this title—

13 ‘‘(1) $3,400,000 for fiscal year 2004; 

14 ‘‘(2) $3,450,000 for fiscal year 2005; 

15 ‘‘(3) $3,500,000 for fiscal year 2006; 

16 ‘‘(4) $3,550,000 for fiscal year 2007; and 

17 ‘‘(5) $3,600,000 for fiscal year 2008.’’. 

18 (2) REPEAL OF LIMITATION ON PROCUREMENT

19 OF EXPERTS AND CONSULTANTS.—Section 206(4) 

20 (16 U.S.C. 1406(4)) is amended by striking ‘‘(but at 

21 rates for individuals not to exceed $100 per diem)’’.

22 SEC. 103. DEFINITION OF HARASSMENT. 

23 Section 3(18) (16 U.S.C. 1362(18)) is amended to 

24 read as follows: 
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1 ‘‘(18)(A) The term ‘harassment’ means any Act 

2 that—

3 ‘‘(i) injures or has the potential to injure 

4 a marine mammal or marine mammal stock in 

5 the wild; or 

6 ‘‘(ii) disturbs or has the potential to dis7 turb a marine mammal or marine mammal 

8 stock in the wild by causing disruption of bio9 logically significant activities, including, but not 

10 limited to, surfacing, communication, sheltering, 

11 resting, migration, breeding, care of young, 

12 predator avoidance or defense, feeding, or for13 aging. 

14 ‘‘(B)(i) The term ‘Level A harassment’ means 

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

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

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

18 ‘‘(C) In this paragraph—

19 ‘‘(i) the term ‘potential’ means capability 

20 or possibility; and 

21 ‘‘(ii) the term ‘disruption’ means an inter22 ruption of the normal course, taking into ac23 count the cumulative effects that behavioral 

24 changes may have on biologically significant ac25 tivities.’’.
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1 TITLE II—CAPTIVE MARINE 

2 MAMMALS 

3 SEC. 201. CAPTIVE MARINE MAMMAL INVENTORY REVI4 SION. 

5 Section 104(c)(10) (16 U.S.C. 1374(c)(10)) is 

6 amended to read as follows: 

7 ‘‘(10) CAPTIVE MARINE MAMMAL INVENTORY.—

8 ‘‘(A) RESPONSIBILITIES.—The Secretary 

9 shall establish and maintain an inventory of all 

10 marine mammals possessed pursuant to permits 

11 issued under paragraph (2)(A) by persons exer12 cising rights under paragraph (2)(C), and all 

13 progeny of such marine mammals. The inven14 tory shall contain, for each marine mammal, 

15 only the following information: 

16 ‘‘(i) The name of the marine mammal 

17 or other identification. 

18 ‘‘(ii) The sex of the marine mammal. 

19 ‘‘(iii) The estimated or actual birth 

20 date of the marine mammal. 

21 ‘‘(iv) The date of acquisition or dis22 position of the marine mammal by the per23 mit holder. 

24 ‘‘(v) The source from which the ma25 rine mammal was acquired, including the 
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1 location of the take of the marine mammal 

2 from the wild, if applicable. 

3 ‘‘(vi) If the marine mammal is trans4 ferred, the name of the recipient. 

5 ‘‘(vii) A statement of whether or not 

6 the marine mammal was acquired as the 

7 result of a stranding. 

8 ‘‘(viii) The date of death of the ma9 rine mammal, and the cause of death if 

10 otherwise determined. 

11 ‘‘(B) PROVISION OF INFORMATION.—A 

12 person that possesses a marine mammal re13 ferred to in subparagraph (A) shall, upon re14 quest by the Secretary, provide to the Secretary 

15 the information referred to in subparagraph (A) 

16 with respect to the marine mammal.

17 ‘‘(C) DATABASE.—The Secretary shall es18 tablish and maintain a publicly accessible, co19 ordinated, and up-to-date information sharing 

20 system that—

21 ‘‘(i) allows the access to and exchange 

22 of information among Federal agencies 

23 and the public; 

24 ‘‘(ii) utilizes, to the greatest extent 

25 practicable, the Internet; and 
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1 ‘‘(iii) is consistent with other widely 

2 used database formats. 

3 ‘‘(D) AUTHORITY TO USE AGREEMENTS.—

4 To carry out data-gathering and develop and 

5 maintain a comprehensive captive marine mam6 mal inventory responsibilities of the Secretary 

7 under subparagraph (A), and to establish and 

8 maintain a database under subparagraph (C), 

9 the Secretary may in accordance with chapter 

10 11 of title 40, United States Code, and to the 

11 extent amounts are available to carry out this 

12 paragraph, enter into contracts and other 

13 agreements with qualified entities.’’.

14 SEC. 202. CAPTIVE MARINE MAMMAL CARE AND MAINTE15 NANCE STANDARDS ADVISORY COMMITTEE. 

16 (a) IN GENERAL.—The Marine Mammal Commission 

17 shall, in consultation with representatives of Federal agen18 cies and interested parties, establish an advisory com19 mittee on the promulgation of standards and other re20 quirements governing the humane handling, care, treat21 ment, and transportation of marine mammals by dealers, 

22 research facilities, exhibitors, carriers, and other regulated

23 entities, as authorized under the Animal Welfare Act (7 

24 U.S.C. 2131 et seq.). 
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1 (b) MEMBERSHIP.—Members of the advisory com2 mittee shall include—

3 (1) officers or employees of Federal agencies 

4 who have expertise in the care of marine mammals 

5 in captivity; and 

6 (2) a broad representation of stakeholders, in7 cluding but not limited to public display associa8 tions, accredited veterinarians or veterinary associa9 tions, relevant animal welfare or environmental non10 governmental organizations (or both), marine mam11 mal scientists, and marine mammal trainers or ex12 hibitors. 

13 (c) TOPICS.—The advisory committee may provide 

14 advice under this section regarding, among other matters, 

15 veterinary oversight, facility size and appropriateness, 

16 maintenance and upkeep, levels of interaction with the 

17 public, and, especially in the case of interactive feeding 

18 programs, factors affecting visitor access, education, and 

19 oversight. 

20 (d) REPORT AND TERMINATION.—The Marine Mam21 mal Commission—

22 (1) shall submit to the Congress and the Sec23 retary of Agriculture a report that incorporates the 

24 advice of the advisory committee, by not later than 
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1 2 years after the date of the enactment of this Act; 

2 and 

3 (2) shall disband the advisory committee upon 

4 the submission of such report. 

5 (e) FACA.—The Federal Advisory Committee Act (5 

6 App. U.S.C.) shall not apply to the advisory committee 

7 established under this subsection. 

8 (f) DEFINITION.—In this section, the term ‘‘inter9 active feeding program’’ means an exhibit at a facility pro10 viding access to the public to be in proximity, without bar11 riers, to marine mammals to observe, feed, and touch 

12 them. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Marine Mammal 

15 Commission, for the purpose of carrying out this section, 

16 $750,000 for each of fiscal years 2004 and 2005. 

17 SEC. 203. CAPTIVE RELEASE PROHIBITION. 

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

19 (1) by striking ‘‘and’’ after the semicolon at the 

20 end of paragraph (4); 

21 (2) by striking the period at the end of para22 graph (5) and inserting ‘‘; and’’; and 

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

24 ‘‘(6) for any person subject to the jurisdiction 

25 of the United States to release, in the waters of the 
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1 United States or in the high seas, any marine mam2 mal maintained in captivity at a facility unless spe3 cifically authorized to do so under a permit issued 

4 pursuant to section 104(c) or under 109(h) of this 

5 Act, except that this paragraph shall not apply to 

6 the temporary release of any marine mammal by the 

7 Department of Defense for military or research pur8 poses if the marine mammal is—

9 ‘‘(A) maintained in captivity under section 

10 7524 of title 10, United States Code, or is the 

11 progeny of a marine mammal maintained under 

12 that section, or 

13 ‘‘(B) the progeny of a marine mammal ex14 cluded from coverage under this Act by section 

15 102(e).’’.

16 SEC. 204. TRAVELING EXHIBITS. 

17 Section 102 (16 U.S.C. 1372) is amended by adding 

18 at the end the following: 

19 ‘‘(g) TRAVELING EXHIBITS.—

20 ‘‘(1) PROHIBITION.—It is unlawful for any per21 son subject to the jurisdiction of the United States 

22 to import, export, possess, or transport any marine 

23 mammal in connection with a traveling exhibit. No 

24 permit shall be issued under this Act for such pur25 pose. 
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1 ‘‘(2) DEFINITION.—In this subsection the term 

2 ‘traveling exhibit’ means any mobile or traveling 

3 housing facility or exhibit of live marine mammals 

4 that moves such marine mammals to different loca5 tions on a routine or frequent basis for purposes of 

6 public display or public education.’’.

7 TITLE III—ENHANCED CON8 SERVATION AND ENFORCE9 MENT 

10 SEC. 301. LIMITED AUTHORITY TO EXPORT MARINE MAM11 MAL PRODUCTS. 

12 (a) EXPORT CONDITIONS.—Section 101(a)(6) (16 

13 U.S.C. 1371(a)(6)) is amended—

14 (1) in subparagraph (A) by striking clause (i), 

15 and redesignating clauses (ii) and (iii) in order as 

16 clauses (i) and (ii); and 

17 (2) by adding at the end the following: 

18 ‘‘(C) A marine mammal product may be 

19 exported from the United States if the prod20 uct—

21 ‘‘(i) is legally possessed and exported 

22 as part of a cultural exchange, by an In23 dian, Aleut, or Eskimo residing in Alaska; 

24 or 
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1 ‘‘(ii) is owned by a Native inhabitant 

2 of Russia, Canada, or Greenland and is ex3 ported for noncommercial purposes—

4 ‘‘(I) in conjunction with, and 

5 upon the completion of, travel within 

6 the United States; or 

7 ‘‘(II) as part of a cultural ex8 change with an Indian, Aleut, or Es9 kimo residing in Alaska.’’. 

10 (b) EXEMPTIONSFFOR ALASKA NATIVES.—Section 

11 101(b) (16 U.S.C. 1371(b)) is amended—

12 (1) in the matter preceding paragraph (1) by 

13 inserting ‘‘or transporting’’ after ‘‘with respect to 

14 the taking’’; and 

15 (2) in paragraph (2) by striking ‘‘Provided, 

16 That’’ and all that follows through ‘‘commerce:’’ and 

17 inserting ‘‘Provided, That only authentic native arti18 cles of handicrafts and clothing may be purchased, 

19 sold, or transported in interstate or foreign com20 merce or exported or imported for purposes other 

21 than cultural exchange, as that term is defined in 

22 subsection (a)(6)(B)(ii):’’.

23 SEC. 302. EXPORT PROHIBITION. 

24 Section 102(a)(4) (16 U.S.C. 1372(a)(4)) is amended 

25 to read as follows: 
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1 ‘‘(4) for any person to transport, purchase, sell, 

2 export, or offer to purchase, sell, or export any ma3 rine mammal or marine mammal product; and’’. 

4 SEC. 303. JOHN H. PRESCOTT MARINE MAMMAL RESCUE 

5 ASSISTANCE PROGRAM. 

6 Section 408 (16 U.S.C. 1421f–1) is amended as fol7 lows: 

8 (1) Subsection (a) is amended to read as fol9 lows: 

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

11 appropriations, the Secretary shall conduct a program to 

12 be known as the John H. Prescott Marine Mammal Res13 cue Assistance Program, to provide for—

14 ‘‘(A) the recovery or treatment of marine mam15 mals; 

16 ‘‘(B) the collection of data from living or dead 

17 stranded marine mammals for scientific research re18 garding marine mammal health; 

19 ‘‘(C) facility operation costs that are directly re20 lated to those purposes; and 

21 ‘‘(D) assistance for persons responding to 

22 stranding events requiring emergency assistance. 

23 ‘‘(2) To carry out the purpose of this section, and 

24 to the extent amounts are available to carry out this sec-
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1 tion, the Secretary may enter into grants, cooperative 

2 agreements, contracts, or other agreements. 

3 ‘‘(3)(A) The Secretary shall provide support to the 

4 program under this section by providing financial assist5 ance awards to eligible stranding network participants to 

6 carry out the activities referred to in paragraph (1). 

7 ‘‘(B) The Secretary shall ensure that, to the greatest 

8 extent practicable, funds provided as financial assistance 

9 under this subsection are distributed equitably among the 

10 stranding regions designated as of the date of the enact11 ment of the Marine Mammal Rescue Assistance Act of 

12 2000, and in distributing such funds shall give preference 

13 to those facilities that have established records for res14 cuing or rehabilitating sick and stranded marine mammals 

15 in each of the respective regions, or subregions. 

16 ‘‘(C) In determining the priorities among such re17 gions, the Secretary may consider—

18 ‘‘(i) any episodic stranding or any mortality 

19 event other than an event described in section 

20 410(6), that occurred in any region in the preceding 

21 year; 

22 ‘‘(ii) data regarding average annual strandings 

23 and mortality events per region; and 
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1 ‘‘(iii) the size of the marine mammal popu2 lations inhabiting a geographic area within such a 

3 region. 

4 ‘‘(4)(A) Except as provided in subparagraph (B), the 

5 Secretary may provide assistance under paragraph (1)(D) 

6 only with respect to stranding events that—

7 ‘‘(i) are unexpected; 

8 ‘‘(ii) are not an unusual mortality event as de9 fined in section 409(6); and 

10 ‘‘(iii) lead to an immediate increase in required 

11 costs to stranding response, recovery, or rehabilita12 tion above regularly scheduled costs. 

13 ‘‘(B) Notwithstanding subparagraph (A), the Sec14 retary may provide assistance under paragraph (1)(D) 

15 with respect to stranding events that—

16 ‘‘(i) are cyclical or endemic; or 

17 ‘‘(ii) involve out-of-habitat animals.’’. 

18 (2) Subsection (b) is amended by striking ‘‘a 

19 grant’’ and inserting ‘‘financial assistance’’. 

20 (3) Subsection (c) is amended—

21 (A) by striking ‘‘grant’’ and inserting ‘‘fi22 nancial assistance’’; and 

23 (B) by striking ‘‘grants’’ and inserting 

24 ‘‘funds’’. 
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1 (4) Subsection (e) is amended by striking ‘‘a 

2 grant’’ each place it appears and inserting ‘‘funds’’.

3 (5) Subsection (h) is amended—

4 (A) by striking ‘‘2001 through 2003’’ and 

5 inserting ‘‘2004 through 2008’’; 

6 (B) by redesignating paragraph (1) as sub7 paragraph (A) and paragraph (2) as subpara8 graph (B); 

9 (C) by inserting ‘‘(1)’’ before ‘‘There are 

10 authorized’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(2) In addition to the amounts authorized by para13 graph (1), there are authorized to be appropriated to the 

14 Secretary to carry out subsection (a)(1)(D) $2,000,000 

15 for each of fiscal years 2004 through 2008. The Secretary 

16 may allocate amounts appropriated under this paragraph 

17 at the Secretary’s discretion, and may use such amounts 

18 to provide assistance under this section without regard to 

19 the limitations of subsections (d) and (e), to reimburse 

20 persons who respond to stranding events that qualify for 

21 emergency assistance under subsection (a)(4).’’. 

22 (6) At the end of the section add the following: 

23 ‘‘(i) DELEGATION OF AUTHORITY.—The Secretary 

24 may delegate to another Federal instrumentality, other 

25 than the Marine Mammal Commission, the authority of 
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1 the Secretary under this section, other than the authority 

2 to approve applications for grants and make grants.’’. 

3 SEC. 304. STRANDING AND ENTANGLEMENT RESPONSE. 

4 (a) COLLECTION OF INFORMATION.—Section 

5 402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) is amended by 

6 inserting the words ‘‘or entangled’’ after the word 

7 ‘‘stranded’’. 

8 (b) RESPONSE AGREEMENTS.—

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

10 1421b) is amended—

11 (A) in the section heading by inserting 

12 ‘‘OR ENTANGLEMENT’’ after 

13 ‘‘STRANDING’’; and 

14 (B) in subsection (a) by inserting ‘‘or en15 tanglement’’ before the period at the end. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents in the first section is amended by striking the 

18 item relating to section 403 and inserting the fol19 lowing:

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

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

21 is amended by striking so much as precedes paragraph 

22 (1) and inserting the following: 

23 ‘‘(a) IN GENERAL.—A person who is authorized to 

24 respond to a stranding or entanglement pursuant to an

25 agreement entered into under section 112(c) is deemed to 
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1 be an employee of the Government for purposes of chapter 

2 171 of title 28, United States Code, with respect to actions 

3 that are—’’. 

4 SEC. 305. ENTANGLEMENT DEFINITION. 

5 Section 410 (16 U.S.C. 1421h) is amended by adding 

6 at the end the following: 

7 ‘‘(7) The term ‘entanglement’ means an event 

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

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

10 around or attached to it and is—

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

12 States; or 

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

14 the United States (including any navigable wa15 ters).’’. 

16 SEC. 306. UNUSUAL MORTALITY EVENT FUNDING. 

17 Section 405(c)(2) (16 U.S.C. 1421d(c)(2)) is amend18 ed by striking ‘‘for use with respect to unusual mortality 

19 events’’ and inserting ‘‘under this Act’’. 

20 SEC. 307. MARINE MAMMAL RESEARCH GRANTS. 

21 Section 110 (16 U.S.C. 1380) is amended—

22 (1) by amending subsection (a) to read as fol23 lows: 

24 ‘‘(a) AUTHORIZATION; ANNUAL REPORT.—The Sec25 retary is authorized to make grants, or to provide financial 
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1 assistance in such other form as the Secretary considers 

2 appropriate, to any Federal or State agency, public or pri3 vate institution, or other person for the purpose of assist4 ing such agency, institution, or person to undertake re5 search in subjects that are relevant to the protection and 

6 conservation of marine mammals, and the ecosystems 

7 upon which they depend, including, but not limited to, the 

8 Bering/Chukchi Sea ecosystem, and the California coastal 

9 marine ecosystem. The Secretary shall include a descrip10 tion of the annual results of research carried out with as11 sistance under this section in the report required under 

12 section 103(f).’’; and 

13 (2) by striking subsections (c) and (d). 

14 SEC. 308. PENALTIES. 

15 Section 105 (16 U.S.C. 1375) is amended—

16 (1) by striking so much as precedes subsection 

17 (a)(2) and inserting the following: 

18 ‘‘(a)(1) Any person who violates any provision of this 

19 title, or of any permit or regulation issued under this title, 

20 may be assessed a civil penalty by the Secretary of not 

21 more than $50,000 for each such violation, except as pro22 vided in section 118. No penalty shall be assessed unless 

23 such person is given notice and opportunity for a hearing 

24 with respect to such violation. Each unlawful taking, im25 portation, exportation, sale, purchase, or transport and 
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1 each day on which unlawful fishing is conducted in viola2 tion of section 118(c)(3)(B) shall be a separate offense. 

3 Any such civil penalty may be remitted or mitigated by 

4 the Secretary for good cause shown. Upon any failure to 

5 pay a penalty assessed under this subsection, the Sec6 retary may request the Attorney General to institute a 

7 civil action in a district court of the United States for any 

8 district in which such person is found, resides, or transacts 

9 business to collect the penalty and such court shall have 

10 jurisdiction to hear and decide any such action.’’; and 

11 (2) in subsection (b)—

12 (A) by striking ‘‘$20,000’’ and inserting 

13 ‘‘$100,000’’; and 

14 (B) by adding at the end the following: ‘‘, 

15 except that if in the commission of any offense 

16 described in section 102(g) the person uses a 

17 dangerous weapon, engages in conduct that 

18 causes bodily injury to any person authorized 

19 by the Secretary to enforce this title, or places 

20 any such person in fear of imminent bodily in21 jury, the offense is punishable by a fine under 

22 title 18, United States Code, or imprisonment 

23 for not more than 10 years, or both’’. 
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1 SEC. 309. USE OF FINES AND PENALTIES. 

2 (a) FINES AND PENALTIES COLLECTED BY UNITED

3 STATES FISH AND WILDLIFE SERVICE.—Title I of the 

4 Department of the Interior Appropriations Act, 2000 (16 

5 U.S.C. 1375a; 113 Stat. 1501A–139) is amended under 

6 the heading ‘‘UNITED STATES FISH AND WILDLIFE

7 SERVICE—RESOURCE MANAGEMENT’’, by inserting ‘‘and 

8 penalties’’ after ‘‘fines’’. 

9 (b) FINES AND PENALTIES COLLECTED BY NOAA.—

10 Section 105 (16 U.S.C. 1375) is amended by adding at 

11 the end the following: 

12 ‘‘(c) USE OF FINES AND PENALTIES.—

13 ‘‘(1) DEPOSIT.—All fines and penalties col14 lected by the Secretary of the department in which 

15 the National Oceanic and Atmospheric Administra16 tion is operating for violations of this Act or regula17 tions issued under this Act shall be deposited into a 

18 separate account in the Treasury. 

19 ‘‘(2) USE.—Amounts deposited under para20 graph (1)—

21 ‘‘(A) may be used by the Secretary of 

22 Commerce, subject to appropriations, for ex23 penses incurred by the Secretary of Com24 merce—

25 ‘‘(i) in enforcing the Act; or 
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1 ‘‘(ii) in administering activities for the 

2 protection and recovery of marine mammal 

3 species under the administrative jurisdic4 tion of the Secretary of Commerce; and 

5 ‘‘(B) shall remain available until ex6 pended.’’.

7 SEC. 310. VESSEL FINES AND CARGO FORFEITURE. 

8 Section 106 (16 U.S.C. 1376) is amended—

9 (1) in subsection (a) by inserting ‘‘or in fishing 

10 in violation of section 118(c)(3)(A)(i), (iii), (iv), or 

11 (v),’’ after ‘‘that is employed in any manner in the 

12 unlawful taking of any marine mammal’’; 

13 (2) in subsection (a) by inserting ‘‘or unlawful 

14 fishing’’ after ‘‘in connection with the unlawful tak15 ing of a marine mammal’’; 

16 (3) in subsection (b) by inserting ‘‘or in fishing 

17 in violation of section 118(c)(3)(A)(i), (iii), (iv), or 

18 (v),’’ after ‘‘that is employed in any manner in the 

19 unlawful taking of any marine mammal’’; and 

20 (4) in subsection (b) by striking ‘‘$25,000’’ and 

21 inserting ‘‘$50,000’’. 

22 SEC. 311. ENFORCEMENT. 

23 Section 107(b) (16 U.S.C. 1377(b)) is amended by 

24 adding at the end the following: ‘‘The Secretary shall seek 

25 to enter into agreements pursuant to section 112(c) with
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1 State law enforcement agencies to establish, implement, 

2 and provide funding for cooperative enforcement of this 

3 title.’’. 

4 SEC. 312. OBSTRUCTIONS WITH INVESTIGATIONS AND AU5 THORIZED ACTIVITIES. 

6 Section 102 (16 U.S.C. 1372) is amended by adding 

7 at the end the following:

8 ‘‘(h) OBSTRUCTIONS OF INVESTIGATIONS AND AU9 THORIZED ACTIVITIES.—It is unlawful for any person 

10 to—

11 ‘‘(1) refuse to allow any person authorized by 

12 the Secretary to enforce this title to board any vessel 

13 or other conveyance for purposes of conducting any 

14 search or inspection in connection with enforcement 

15 of this title; 

16 ‘‘(2) assault, resist, oppose, impede, intimidate, 

17 sexually harass, bribe, or interfere with, or attempt 

18 to assault, resist, oppose, impede, intimidate, sexu19 ally harass, bribe, or interfere with—

20 ‘‘(A) any person authorized by the Sec21 retary to enforce this title, who is conducting 

22 any search or inspection in connection with en23 forcement of this title; or 

24 ‘‘(B) any observer on a vessel under this 

25 Act, or any data collector employed by the Sec-
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•HR 3316 IH 

1 retary or under any contract to any person to 

2 carry out responsibilities under this Act; 

3 ‘‘(3) resist a lawful arrest for any act prohib4 ited under this title; 

5 ‘‘(4) interfere with, delay, or prevent, by any 

6 means, the apprehension or arrest of any person, 

7 knowing such person has committed any act prohib8 ited by this title; or 

9 ‘‘(5) knowingly and willfully submit false infor10 mation to any person authorized by the Secretary to 

11 implement or enforce the provisions of this title.’’. 

12 SEC. 313. CALIFORNIA SEA OTTER FISHERY INTERACTIONS. 

13 Section 118(a)(4) (16 U.S.C. 1387(a)(4)) is amended 

14 by adding at the end the following: ‘‘Notwithstanding the 

15 preceding sentence, the Secretary shall include informa16 tion concerning California sea otters in the list of fisheries 

17 published pursuant to subsection (c)(1) and shall include 

18 that species in determinations regarding monitoring pro19 grams pursuant to subsection (d).’’. 

20 SEC. 314. PINNIPED RESEARCH. 

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

22 adding at the end the following: 

23 ‘‘(f) RESEARCH ON NONLETHAL REMOVAL AND CON24 TROL.—
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•HR 3316 IH 

1 ‘‘(1) RESEARCH PLAN.—The Secretary shall de2 velop a research plan and conduct research on the 

3 nonlethal removal, deterrence, and control of nui4 sance pinnipeds. The research plan shall include a 

5 review of measures that have been taken to effect 

6 such removal and the effectiveness of those meas7 ures, and shall propose research to test new tech8 nologies that deter nuisance pinnipeds while mini9 mizing the potential for impacts on other marine 

10 mammal species and on the marine environment. 

11 The development and testing of safe, nonlethal re12 moval, deterrence and control methods may include 

13 the humane take of marine mammals by Level B 

14 harassment.

15 ‘‘(2) PARTICIPANTS.—The Secretary shall con16 sult with the Marine Mammal Commission in selec17 tion of the individuals that develop the research plan 

18 under this subsection, and shall include among the 

19 individuals selected representatives of academic and 

20 scientific organizations, environmental groups, com21 mercial and recreational fisheries groups, gear tech22 nologists, and others as the Secretary considers ap23 propriately qualified. 

24 ‘‘(3) USE OF INDEPENDENT INSTITUTIONS.—In 

25 developing and conducting the research program, the 
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1 Secretary is encouraged, where appropriate, to use 

2 research institutions that are independent of the 

3 Federal Government. 

4 ‘‘(4) ANNUAL REPORT.—The Secretary shall, 

5 by March 31 of each year, submit an annual report 

6 on the results of research and recommendations for 

7 future research priorities under this subsection to 

8 the Committee on Resources of the House of Rep9 resentatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate. 

11 ‘‘(5) PUBLIC REVIEW AND COMMENT.—The 

12 Secretary shall make the report and recommenda13 tions submitted under paragraph (4) available to the 

14 public for review and comment for a period of 90 

15 days before submission under paragraph (4).

16 ‘‘(6) DONATIONS.—For the purposes of car17 rying out this section, the Secretary may accept, so18 licit, receive, hold, administer, and use gifts, devices, 

19 in-kind contributions, and bequests. 

20 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to the Sec22 retary $2,000,000 for each fiscal year to carry out 

23 this subsection. 

24 ‘‘(g) NONLETHAL CONTROL GRANT PROGRAM.—
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•HR 3316 IH 

1 ‘‘(1) IN GENERAL.—The Secretary may, to the 

2 extent amounts are available to carry out this sec3 tion, provide a grant to any eligible applicant to 

4 carry out a qualified nonlethal control project in ac5 cordance with this subsection.

6 ‘‘(2) FUNCTIONS OF THE SECRETARY.—

7 ‘‘(A) IN GENERAL.—The Secretary shall—

8 ‘‘(i) publish guidelines for and solicit 

9 applications for grants under this sub10 section not later than 6 months after the 

11 date of enactment of this subsection; and 

12 ‘‘(ii) receive, review, evaluate, and ap13 prove applications for grants under this 

14 subsection. 

15 ‘‘(B) ADVICE.—To obtain advice regarding 

16 proposed grants under this subsection, includ17 ing advice on the scientific merit, technical 

18 merit, and feasibility of a proposed grant, the 

19 Secretary shall consult with the individuals that 

20 develop the research plan under subsection (f). 

21 ‘‘(C) DELEGATION OF AUTHORITY.—The 

22 Secretary may delegate to another Federal in23 strumentality the authority of the Secretary 

24 under this subsection, other than the authority
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•HR 3316 IH 

1 to approve applications for grants and make 

2 grants. 

3 ‘‘(3) ELIGIBLE APPLICANT.—To be an eligible 

4 applicant for purposes of paragraph (1), an appli5 cant shall—

6 ‘‘(A) be a State, local government, or 

7 interstate or regional agency; and 

8 ‘‘(B) have adequate personnel, funding, 

9 and authority to carry out and monitor or 

10 maintain a non-lethal control of nuisance 

11 pinnipeds project. 

12 ‘‘(4) QUALIFIED CONTROL PROJECT.—To be a 

13 qualified control project under this subsection, a 

14 project shall—

15 ‘‘(A) by humane and nonlethal means, re16 move, deter, and control nuisance pinnipeds in 

17 areas where they are a recurrent and persistent 

18 threat to public health and safety; and 

19 ‘‘(B) encourage public notice, education, 

20 and outreach on project activities in the af21 fected community. 

22 ‘‘(5) GRANT DURATION.—Each grant under 

23 this subsection shall be to provide funding for the 

24 Federal share of the cost of a project carried out 

25 with the grant for up to 2 fiscal years. 
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1 ‘‘(6) REPORTING BY GRANTEE.—

2 ‘‘(A) IN GENERAL.—A grantee carrying 

3 out a control project with a grant under this 

4 subsection shall report to the Secretary at the 

5 expiration of the grant. 

6 ‘‘(B) REPORT CONTENTS.—Each report 

7 under this subsection shall include specific in8 formation on the methods and techniques used 

9 to control nuisance pinniped species in the 

10 project area, and on the ensuing results. 

11 ‘‘(7) COST SHARING FOR PROJECTS.—

12 ‘‘(A) FEDERAL SHARE.—Except as pro13 vided in paragraphs (2) and (3), the Federal 

14 share of the cost of a project carried out with 

15 a grant under this subsection shall not exceed 

16 75 percent of such cost. 

17 ‘‘(B) APPLICATION OF IN-KIND CONTRIBU18 TIONS.—The Secretary may apply to the non19 Federal share of costs of a control project car20 ried out with a grant under this subsection the 

21 fair market value of services or any other form 

22 of in-kind contribution to the project made by 

23 non-Federal interests that the Secretary deter24 mines to be an appropriate contribution equiva-
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•HR 3316 IH 

1 lent to the monetary amount required for the 

2 non-Federal share of the activity. 

3 ‘‘(C) DERIVATION OF NON-FEDERAL

4 SHARE.—The non-Federal share of the cost of 

5 a control project carried out with a grant under 

6 this subsection may not be derived from a Fed7 eral grant program or other Federal funds. 

8 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated to the Sec10 retary $1,500,000 annually to carry out the provi11 sions of this subsection. 

12 ‘‘(h) CLARIFICATION.—Nothing in this section shall 

13 be interpreted as suspending or waiving requirements 

14 under title I.’’. 

15 SEC. 315. DETERRENCE OF MARINE MAMMALS. 

16 (a) REGULATIONS.—Section 101(a)(4)(B) (16 

17 U.S.C. 1371(a)(4)(B)) is amended—

18 (1) by striking ‘‘a list of guidelines for use in’’ 

19 and inserting ‘‘final regulations to implement this 

20 paragraph. Such regulations shall include permis21 sible measures for’’; 

22 (2) by striking ‘‘safely deterring marine mam23 mals’’ and inserting ‘‘safely and non-lethally deter24 ring marine mammals while minimizing the potential 
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1 for impacts on other marine mammals and on the 

2 marine environment’’; 

3 (3) by striking ‘‘the Secretary shall rec4 ommend’’ and inserting ‘‘the final regulations shall 

5 prescribe’’; 

6 (4) by striking ‘‘specific measures which may be 

7 used to nonlethally deter’’ and inserting ‘‘specific 

8 nonlethal measures that may be used to deter such’’; 

9 and 

10 (5) by striking the last sentence. 

11 (b) PROHIBITION.—Section 101(a)(4)(C) (16 U.S.C. 

12 1371(a)(4)(C)) is amended to read as follows: 

13 ‘‘(C) After the effective date of the final 

14 regulations issued under subparagraph (B), it 

15 shall be a violation of this Act for any person 

16 to use a measure to deter marine mammals 

17 pursuant to subparagraph (A) that is not au18 thorized in such regulations.’’.

19 (c) PETITION TO ADD MEASURE TO LIST.—Section 

20 101(a)(4) (16 U.S.C. 1371(a)(4)) is amended by adding 

21 at the end the following: 

22 ‘‘(E) Any person may petition the Sec23 retary pursuant to section 552 of title 5, United 

24 States Code, to add a nonlethal marine mam25 mal deterrence measure to those listed in the 
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•HR 3316 IH 

1 final regulations issued under subparagraph 

2 (B). The burden of proof shall be on the peti3 tioner to demonstrate that the proposed meas4 ure is safe and effective. If the Secretary finds, 

5 based on the best available scientific informa6 tion, and after notice and opportunity for public 

7 comment, that the proposed measure is a safe 

8 and effective means of non-lethal deterrence of 

9 marine mammals, the Secretary shall amend 

10 the final regulations issued under subparagraph 

11 (B) to add such measure to the list of permis12 sible measures and shall promptly publish no13 tice of such action in the Federal Register.’’.

14 SEC. 316. CUMULATIVE TAKES. 

15 Section 101(a)(5)(D)(i)(I) (16 U.S.C. 

16 1371(a)(5)(D)(i)(I)) is amended to read as follows: 

17 ‘‘(I) will have a negligible impact on such spe18 cies or stock, with consideration given to all reason19 ably foreseeable activities, including such activities 

20 that may occur beyond the 1-year authorization pe21 riod, and that may cumulatively result in more than 

22 a negligible impact;’’.
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•HR 3316 IH 

1 SEC. 317. REPORT ON EMERGING THREATS TO MARINE 

2 MAMMALS. 

3 (a) IN GENERAL.—The Chairman of the Marine 

4 Mammal Commission shall, after consultation with inter5 ested parties and by not later than January 1, 2005, 

6 transmit to the Secretary of Commerce and the Secretary 

7 of the Interior, the Committee on Resources of the House 

8 of Representatives, and the Committee on Commerce, 

9 Science, and Transportation of the Senate, and make 

10 available to the public, a report on emerging threats to 

11 marine mammals. The report shall be developed by the 

12 Commission and its Committee of Scientific Advisers on 

13 Marine Mammals in consultation with individuals with 

14 knowledge and experience in marine science, atmospheric 

15 science, chemical and physical oceanography, organic and 

16 inorganic chemistry, and marine conservation. 

17 (b) SUBJECTS.—The report shall—

18 (1) identify and assess the magnitude of emerg19 ing and existing threats to marine mammal stocks; 

20 (2) evaluate the health of marine mammal 

21 stocks in the wild, and correlate that information 

22 with data on physical, chemical, and biological envi23 ronmental parameters; 

24 (3) identify data gaps and provide a research 

25 plan to fill such gaps; and 
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•HR 3316 IH 

1 (4) provide recommendations for regulations or 

2 statutory changes to the Marine Mammal Protection 

3 Act of 1972 to mitigate such threats. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Marine Mammal 

6 Commission to carry out this section $1,500,000 for fiscal 

7 year 2004.

8 SEC. 318. SHIP STRIKE REDUCTION PLAN. 

9 (a) IN GENERAL.—The Secretary of Commerce shall 

10 publish in the Federal Register, within 1 year after the 

11 date of the enactment of this Act, and implement a ship 

12 strike reduction plan with a goal to reduce, within 5 years 

13 after the first date of the implementation of the plan, the 

14 mortality and serious injury of North Atlantic right whales 

15 caused by ship strikes to levels approaching zero. 

16 (b) CONTENTS.—The ship strike reduction plan shall 

17 include—

18 (1) a review of the information in the most re19 cent stock assessment for North Atlantic right 

20 whales published under section 117(b) of the Marine 

21 Mammal Protection Act of 1972 (16 U.S.C. 

22 1386(b)), and any substantial new information; 

23 (2) an estimate of the total number and, if pos24 sible, ages and genders, of North Atlantic right 
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•HR 3316 IH 

1 whales that are being lethally taken or seriously in2 jured each year by ship strikes; 

3 (3) regulatory or other measures that the Sec4 retary will take to reduce mortality and serious in5 jury caused by ship strikes; 

6 (4) dates for achieving the specific objectives, 

7 and enactment of the regulatory measures, included 

8 in the plan; and 

9 (5) recommendations for any additional author10 ity needed by the Secretary to implement a plan de11 scribed in this section. 

12 SEC. 319. STOCK ASSESSMENT PRIORITIES AND GENERAL 

13 RE-EVALUATION. 

14 (a) IN GENERAL.—Not later than 60 days after the 

15 date of the enactment of this section, the Secretary of 

16 Commerce shall reconvene the regional scientific review 

17 groups authorized under section 117(d) of the Marine 

18 Mammal Protection Act of 1973 (16 U.S.C. 1386(d)). 

19 (b) SUBJECTS.—In addition to the subjects listed in 

20 section 117(d) (1) of such Act, the regional scientific re21 view groups shall advise the Secretary on—

22 (1) which stock assessments are obsolete and in 

23 need of revision; 

24 (2) priorities among stock assessment reviews; 

25 and 
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•HR 3316 IH 

1 (3) any necessary changes to the revised list of 

2 fisheries published under section 118(c)(1) of that 

3 Act (16 U.S.C. 1387(c)(1). 

4 (c) REPORT TO CONGRESS.— Not later than 2 years 

5 after the date of the enactment of this section, the Sec6 retary shall compile recommendations from the regional 

7 scientific review groups into a final strategy to update and 

8 complete all stock assessments and report such compila9 tion to the Congress. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

11 out this section there is appropriated to the Secretary of 

12 Commerce $1,000,000 for each of fiscal years 2004 and 

13 2005.

14 TITLE IV—FISHERIES 

15 INTERACTIONS 

16 SEC. 401. FISHERY INTERACTION. 

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

18 amended—

19 (1) in subsection (c)(3) by amending so much 

20 as precedes subparagraph (B) to read as follows: 

21 ‘‘(3)(A) An owner of a vessel engaged in a fishery 

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

23 or operator of any such vessel, shall, in order to engage 

24 lawfully in that fishery—
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•HR 3316 IH 

1 ‘‘(i) have registered under paragraph (2) with 

2 the Secretary in order to obtain for each such vessel 

3 owned and used in the fishery an authorization for 

4 the purpose of incidentally taking marine mammals 

5 in accordance with this section; 

6 ‘‘(ii) ensure that a decal or such other physical 

7 evidence of a Current and valid authorization as the 

8 Secretary may require is displayed on or is in the 

9 possession of the master of each such vessel; 

10 ‘‘(iii) report as required by subsection (e); 

11 ‘‘(iv) comply with any applicable take reduction 

12 plan and emergency regulations issued under this 

13 section; and 

14 ‘‘(v) take on board an observer if requested to 

15 do so by the Secretary.’’; 

16 (2) in subsection (c)(3) by striking subpara17 graph (B) and redesignating subparagraphs (C), 

18 (D), and (E) as subparagraphs (B), (C), and (D), 

19 respectively; 

20 (3) in subsection (c)(3)(B), as so redesignated, 

21 by striking ‘‘or’’ after the semicolon at the end of 

22 clause (ii), by striking the comma at the end of 

23 clause (iii) and inserting ‘‘; or’’, and by inserting 

24 after clause (iii) the following:
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•HR 3316 IH 

1 ‘‘(iv) fails to take an observer when requested 

2 to do so by the Secretary,’’; 

3 (4) in subsection (c)(3)(B), as so redesignated 

4 and amended, in the matter after clause (iv) by 

5 striking ‘‘clauses (i) and (ii)’’ and all that follows 

6 and inserting ‘‘clauses (i), (ii), and (iv) shall be sub7 ject to the penalties, fines, and forfeiture under sec8 tions 105 and 106, and for violations of clause (iii) 

9 shall be subject to a fine of not more than $1,000 

10 for each offense.’’; 

11 (5) in subsection (d) by adding at the end the 

12 following: 

13 ‘‘(10) The Secretary may establish a system of fees 

14 to pay for the costs of implementing an observer program 

15 established under this section.’’; 

16 (6) in subsection (f) by striking so much as pre17 cedes paragraph (2) and inserting the following: 

18 ‘‘(f) TAKE REDUCTION PLANS.—(1)(A) The Sec19 retary shall develop and implement a take reduction plan 

20 designed to assist in the recovery or prevent the depletion 

21 of each strategic stock that interacts with a fishery listed 

22 under subsection (c)(1)(A)(i) or (ii), unless the Secretary 

23 determines, after notice and opportunity for public com24 ment, that the level of fishery-related mortality and seri25 ous injury is having a negligible impact on that stock. 
42

•HR 3316 IH 

1 ‘‘(B) The Secretary may develop and implement a 

2 take reduction plan designed to assist in the recovery or 

3 prevent the depletion of any other marine mammals stocks 

4 that interact with a fishery listed under subsection 

5 (c)(1)(A)(i) that the Secretary determines, after notice 

6 and opportunity for public comment, has a high level of 

7 mortality and serious injury across a number of such ma8 rine mammal stocks. 

9 ‘‘(C) Wherever possible, in coordination with an exist10 ing take reduction plan or team, the Secretary may de11 velop and implement a plan designed to assist in the recov12 ery or prevent the depletion of any other marine mammal 

13 stock for which the Secretary determines, after notice and 

14 opportunity for public comment, that competition between 

15 a commercial fishery and the stock of marine mammals 

16 for a fish species that constitute the marine mammal 

17 stock’s prey is having or is likely to have an adverse im18 pact on the marine mammal stock.’’; 

19 (7) in subsection (f)(6)(A) by striking ‘‘and’’ 

20 after the semicolon at the end of clause (i), by strik21 ing the period at the end of clause (ii) and inserting 

22 ‘‘; and’’, and by adding at the end the following: 

23 ‘‘(iii) assign a technical liaison, with commercial 

24 fishing expertise, to the team to provide information 

25 to team members regarding fishing practices and 
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•HR 3316 IH 

1 gear usage during the take reduction plan develop2 ment process.’’; 

3 (8) in subsection (f)(7)(B) by adding at the end 

4 the following: 

5 ‘‘(iii) The Secretary shall reconvene or other6 wise consult with the team to solicit comments on 

7 the proposed regulations and any proposed changes 

8 to the draft plan during the period of public review 

9 and comment.’’; 

10 (9) in subsection (j) by inserting ‘‘including ob11 server programs, research, and education and out12 reach programs,’’ after ‘‘For purposes of carrying 

13 out this section,’’; 

14 (10) in subsection (f)(6)(A)—

15 (A) by inserting ‘‘or (c)(1)(A)(ii)’’ after 

16 ‘‘that interact with a fishery listed under sub17 section (c)(1)(A)(i)’’; and 

18 (B) by inserting ‘‘or (1)(B)’’ after ‘‘para19 graph (1)(A)’’; and 

20 (11) in subsection (f)(8) by inserting ‘‘or 

21 (c)(1)(A)(ii)’’ after ‘‘that interact with a fishery list22 ed under subsection (c)(1)(A)(i)’’. 

23 (b) CONFORMING AMENDMENT.—Section 118(4)(A) 

24 is amended by striking ‘‘(3)(B)’’ and inserting 

25 ‘‘(3)(A)(v)’’. 
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1 SEC. 402. FISHERIES GEAR DEVELOPMENT. 

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

3 (1) Subsection (a) is amended to read as fol4 lows: 

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

6 ‘‘(1) IN GENERAL.—The Secretary of Com7 merce (in this section referred to as the ‘Secretary’) 

8 shall—

9 ‘‘(A) carry out a program of research and 

10 development for the purpose of devising im11 proved fishing methods and gear so as to re12 duce to the maximum extent practicable the in13 cidental taking of marine mammals in connec14 tion with fishing operations; and 

15 ‘‘(B) make every practicable effort to de16 velop, evaluate, and make available to owners 

17 and operators of fishing vessels such gear and 

18 fishing method improvements as quickly as pos19 sible. 

20 ‘‘(2) FISHING GEAR BUY-BACK PROGRAM.—

21 Subject to the availability of appropriations, the Sec22 retary may establish a voluntary fishing gear buy23 back program, if such action is specifically provided 

24 for in a take reduction plan adopted pursuant to 

25 section 118(f) or in regulations promulgated pursu26 ant to section 118 (f) or (g). 
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1 ‘‘(3) COORDINATION WITH OTHER COUN2 TRIES.—The Secretary may coordinate with other 

3 countries to foster gear technology transfer initia4 tives to reduce to the maximum extent practicable 

5 the incidental mortality and serious injury of marine 

6 mammals throughout the full extent of their range.’’. 

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

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

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

10 of appropriations, the Secretary may establish a 

11 grant program to provide financial assistance for de12 veloping, manufacturing, testing, or designing new 

13 types of fishing gear designed to eliminate or reduce 

14 to the maximum extent practicable the incidental 

15 taking (including incidental mortality and serious in16 jury) of marine mammals. 

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

18 amount of a grant under this subsection may not ex19 ceed $20,000. 

20 ‘‘(3) GRANT APPLICATIONS.—To receive a 

21 grant under this section, an applicant must submit 

22 an application in such form and manner as the Sec23 retary may prescribe. 

24 ‘‘(4) CONSULTATION REGARDING CRITERIA.—

25 The Secretary shall consult with the Secretary of the
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•HR 3316 IH 

1 Interior and the Marine Mammal Commission re2 garding the development of criteria for the awarding 

3 of grants under this subsection. 

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

5 available each fiscal year to carry out this sub6 section, the Secretary may expend not more than 

7 $40,000 to pay the administrative expenses nec8 essary to carry out this subsection.’’. 

9 SEC. 403. CLARIFICATION OF FISHERIES INCLUDED IN THE 

10 INCIDENTAL TAKE PROGRAM. 

11 (a) LISTED FISHERY DEFINED.—Section 3 (16 

12 U.S.C. 1362) is further amended by adding at the end 

13 the following: 

14 ‘‘(33) The term ‘listed fishery’ means a fishery 

15 included on the list of fisheries published pursuant 

16 to section 118(c)(1).’’. 

17 (b) OTHER CLARIFICATIONS.—Section 118 (16 

18 U.S.C. 1387) is amended—

19 (1) in subsection (a)(1) by striking ‘‘commercial 

20 fishing operations’’ and inserting ‘‘engaging in a list21 ed fishery’’; 

22 (2) in subsection (c)(1) by striking ‘‘, within 90 

23 days after the date of enactment of this section’’; 

24 (3) in subsection (c)(1)(A)—
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1 (A) by striking ‘‘commercial’’ the first 

2 place it appears; and 

3 (B) by striking ‘‘commercial fisheries that 

4 have’’; 

5 (4) in subsection (c)(1)(A)(i) by inserting ‘‘fish6 eries that have’’ before ‘‘frequent incidental mor7 tality’’; 

8 (5) in subsection (c)(1)(A)(ii) by inserting 

9 ‘‘fisheries that have’’ before ‘‘occasional incidental 

10 mortality’’; 

11 (6) in subsection (c)(1)(A)(iii) by inserting 

12 ‘‘commercial fisheries that have’’ before ‘‘a remote 

13 likelihood’’; 

14 (7) in subsection (c)(2)(A) by striking ‘‘com15 mercial’’; and 

16 (8) in subsection (e)—

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

18 appears; and 

19 (B) by striking ‘‘Act’’ and inserting ‘‘sec20 tion’’. 

21 SEC. 404. CONFORMING AMENDMENTS TO THE CLARIFICA22 TION OF FISHERIES INCLUDED IN THE INCI23 DENTAL TAKE PROGRAM. 

24 (a) MORATORIUM EXCEPTIONS.—Section 101 (16 

25 U.S.C. 1371) is amended—
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•HR 3316 IH 

1 (1) in subsection (a)(2) by striking ‘‘commer2 cial’’ after ‘‘permitted in the course of’’; 

3 (2) in subsection (a)(5)(A) by striking ‘‘com4 mercial fishing’’ and inserting ‘‘engaging in a listed 

5 fishery’’; 

6 (3) in subsection (a)(5)(D)(i) by striking ‘‘com7 mercial fishing’’ and inserting ‘‘engaging in a listed 

8 fishery’’; 

9 (4) in subsection (a)(5)(E)(i) by striking ‘‘com10 mercial fishing operations’’ and inserting ‘‘a listed 

11 fishery’’; 

12 (5) in subsection (a)(5)(E)(i)(I) by striking 

13 ‘‘commercial’’ and inserting ‘‘such’’; and 

14 (6) in subsection (a)(5)(E)(iii)—

15 (A) by striking the word ‘‘commercial’’ 

16 each place it appears; and 

17 (B) by inserting ‘‘those’’ after ‘‘serious in18 jury from’’. 

19 (b) PROHIBITIONS.—Section 102(a)(5) (16 U.S.C. 

20 1372(a)(5)) is amended by striking ‘‘commercial’’. 

21 (c) PERMITS.—Section 104(a) (16 U.S.C. 1374(a)) 

22 is amended by striking ‘‘commercial’’. 

23 (d) FEDERAL COOPERATION WITH STATES.—Sec24 tion 109(b)(3)(B)(i) (16 U.S.C. 1379(b)(3)(B)(i)) is 

25 amended—
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1 (1) by striking ‘‘commercial’’; and 

2 (2) by striking ‘‘(4)’’ and inserting ‘‘or section 

3 118’’. 

4 (e) GEAR DEVELOPMENT.—Section 111 (16 U.S.C. 

5 1381) is further amended—

6 (1) by striking the section heading and insert7 ing the following: 

8 ‘‘FISHERIES GEAR DEVELOPMENT’’; 

9 and 

10 (2) in subsection (d)—

11 (A) by striking ‘‘commercial’’; and 

12 (B) by striking ‘‘documented under the 

13 laws of the United States’’ and inserting ‘‘en14 gaged in a listed fishery’’. 

15 (f) TAKE REDUCTION PLANS.—Section 115(b)(4) 

16 (16 U.S.C. 1383b(b)(4)) is amended to read as follows: 

17 ‘‘(4) If the Secretary determines that a take reduc18 tion plan is necessary to reduce the taking of marine mam19 mals incidental to engaging in a listed fishery from a stra20 tegic stock, or for species or stocks that interact with a 

21 fishery for which the Secretary has made a determination 

22 under section 118(f)(1), any conservation plan prepared 

23 under this subsection for such species or stock shall incor24 porate the take reduction plan required under section 118 

25 for such species or stock.’’. 
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1 (g) STOCK ASSESSMENTS.—Section 117 (16 U.S.C. 

2 1386) is amended—

3 (1) by striking ‘‘commercial’’ each place it ap4 pears (subject to paragraph (2)); and 

5 (2) in subsection (a)(4) by striking ‘‘commer6 cial’’ and inserting ‘‘listed’’. 

7 (h) TAKINGS INCIDENTAL TO FISHING OPER8 ATIONS.—Section 118 (16 U.S.C. 1387) is amended—

9 (1) by amending the section heading to read as 

10 follows: 

11 ‘‘SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO 

12 FISHING OPERATIONS.’’; 

13 (2) in subsection (a)(5) by striking ‘‘commer14 cial’’; 

15 (3) in subsection (c)(1)(B) by striking ‘‘com16 mercial’’; 

17 (4) in subsection (c)(1)(C) by striking ‘‘com18 mercial’’; 

19 (5) in subsection (c)(3)(B) as redesignated by 

20 section 401(2) of this Act, by inserting ‘‘commer21 cial’’ after ‘‘engaged in any’’;

22 (6) in subsection (c)(5)(B) by striking ‘‘com23 mercial’’; 
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1 (7) in subsection (d)(1) by striking ‘‘commercial 

2 fishing operations’’ and inserting ‘‘engaging in a list3 ed fishery’’; 

4 (8) in subsection (d)(3) by striking ‘‘commer5 cial’’ and inserting ‘‘listed’’; 

6 (9) in subsection (d)(4) by striking ‘‘commer7 cial’’ each place it appears and inserting ‘‘listed’’; 

8 (10) in subsection (d)(5) by striking ‘‘commer9 cial fishing operations’’ and inserting ‘‘engaging in 

10 a listed fishery’’; 

11 (11) in subsection (f)(2) by striking ‘‘commer12 cial fishing operations’’ each place it appears and in13 serting ‘‘engaging in a listed fishery’’; 

14 (12) in subsection (f)(3) by striking ‘‘commer15 cial’’; 

16 (13) in subsection (f)(4)(B) by striking ‘‘com17 mercial fishing operations’’ and inserting ‘‘engaging 

18 in a listed fishery’’; 

19 (14) in subsection (f)(5)(A) by striking ‘‘com20 mercial’’ and inserting ‘‘listed’’; 

21 (15) in subsection (f)(5)(B) by striking ‘‘com22 mercial’’ and inserting ‘‘listed’’; 

23 (16) in subsection (f)(6)(A)(ii) by striking 

24 ‘‘commercial’’ and inserting ‘‘listed’’; 
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1 (17) in subsection (f)(7)(D) by striking ‘‘com2 mercial’’; 

3 (18) in the first sentence of subsection (f)(8) by 

4 striking ‘‘commercial’’; 

5 (19) in subsection (f)(8)(D) by striking ‘‘com6 mercial’’; 

7 (20) in subsections (f)(9)(A) by striking ‘‘com8 mercial’’ each place it appears and inserting ‘‘list9 ed’’; 

10 (21) in subsections (f)(9)(B) and (C) by strik11 ing ‘‘commercial’’ each place it appears; 

12 (22) in subsection (f)(9)(D) by striking ‘‘com13 mercial fishing operations’’ and inserting ‘‘engaging 

14 in a listed fishery’’; 

15 (23) in the first sentence of subsection (g)(1) 

16 by striking ‘‘commercial’’ and inserting ‘‘listed’’; 

17 (24) in subsection (g)(3)(B) by striking ‘‘com18 mercial’’; and 

19 (25) in subsection (g)(4) by striking ‘‘commer20 cial’’ and inserting ‘‘listed’’. 

21 (i) TISSUE BANK.—Section 407(a)(3)(A) (16 U.S.C. 

22 1421f(a)(3)(A)) is amended by striking ‘‘commercial’’.

Æ