PUBLIC LAW 106–555—DEC. 21, 2000 114 STAT. 2765

Public Law 106–555

106th Congress

An Act

To reauthorize the Striped Bass Conservation Act, 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 ‘‘Striped Bass Conservation,

Atlantic Coastal Fisheries Management, and Marine Mammal

Rescue Assistance Act of 2000’’.

TITLE I—ATLANTIC COASTAL

FISHERIES

Subtitle A—Atlantic Striped Bass

Conservation

SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT.

Section 7(a) of the Atlantic Striped Bass Conservation Act

(16 U.S.C. 1851 note) is amended to read as follows:

‘‘(a) AUTHORIZATION.—For each of fiscal years 2001, 2002, and

2003, there are authorized to be appropriated to carry out this

Act—

‘‘(1) $1,000,000 to the Secretary of Commerce; and

‘‘(2) $250,000 to the Secretary of the Interior.’’.

SEC. 102. POPULATION STUDY OF STRIPED BASS.

(a) STUDY.—The Secretaries (as that term is defined in the

Atlantic Striped Bass Conservation Act), in consultation with the

Atlantic States Marine Fisheries Commission, shall conduct a study

to determine if the distribution of year classes in the Atlantic

striped bass population is appropriate for maintaining adequate

recruitment and sustainable fishing opportunities. In conducting

the study, the Secretaries shall consider—

(1) long-term stock assessment data and other fisherydependent and independent data for Atlantic striped bass; and

(2) the results of peer-reviewed research funded under the

Atlantic Striped Bass Conservation Act.

(b) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretaries, in consultation with the

Atlantic States Marine Fisheries Commission, shall submit to the

Committee on Resources of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the Senate

Deadline.

16 USC 5156.

16 USC 1361

note.

Striped Bass

Conservation,

Atlantic Coastal

Fisheries

Management,

and Marine

Mammal Rescue

Assistance Act of

2000.

Dec. 21, 2000

[H.R. 2903]

114 STAT. 2766 PUBLIC LAW 106–555—DEC. 21, 2000

the results of the study and a long-term plan to ensure a balanced

and healthy population structure of Atlantic striped bass, including

older fish. The report shall include information regarding— (1) the structure of the Atlantic striped bass population

required to maintain adequate recruitment and sustainable

fishing opportunities; and

(2) recommendations for measures necessary to achieve

and maintain the population structure described in paragraph

(1).

(c) AUTHORIZATION.—There are authorized to be appropriated to the Secretary of Commerce $250,000 to carry out this section.

Subtitle B—Atlantic Coastal Fisheries

Cooperative Management

SEC. 121. SHORT TITLE.

This subtitle may be cited as the ‘‘Atlantic Coastal Fisheries

Act of 2000’’.

SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES

COOPERATIVE MANAGEMENT ACT.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 811 of the

Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C.

5108) is amended to read as follows:

‘‘SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—To carry out this title, there are authorized

to be appropriated $10,000,000 for each of fiscal years 2001 through

2005.

‘‘(b) COOPERATIVE STATISTICS PROGRAM.—Amounts authorized

under subsection (a) may be used by the Secretary to support

the Commission’s cooperative statistics program.’’.

(b) TECHNICAL CORRECTIONS.—

(1) IN GENERAL.—Such Act is amended—

(A) in section 802(3) (16 U.S.C. 5101(3)) by striking

‘‘such resources in’’ and inserting ‘‘such resources is’’; and

(B) by striking section 812 and the second section

811.

(2) AMENDMENTS TO REPEAL NOT AFFECTED.—The amendments made by paragraph (1)(B) shall not affect any amendment or repeal made by the sections struck by that paragraph.

(3) SHORT TITLE REFERENCES.—Such Act is further

amended by striking ‘‘Magnuson Fishery’’ each place it appears

and inserting ‘‘Magnuson-Stevens Fishery’’.

(c) REPORTS.—

(1) ANNUAL REPORT TO THE SECRETARY.—The Secretary

shall require, as a condition of providing financial assistance

under this subtitle, that the Commission and each State

receiving such assistance submit to the Secretary an annual

report that provides a detailed accounting of the use of the

assistance.

(2) BIENNIAL REPORTS TO THE CONGRESS.—The Secretary

shall submit biennial reports to the Committee on Resources

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the use

of Federal assistance provided to the Commission and the

16 USC 5107

note.

16 USC 5102,

5103, 5106,

5107a, 5107b.

16 USC 5101

note.

Atlantic Coastal

Fisheries Act of

2000.

PUBLIC LAW 106–555—DEC. 21, 2000 114 STAT. 2767

States under this subtitle. Each biennial report shall evaluate

the success of such assistance in implementing this subtitle.

TITLE II—JOHN H. PRESCOTT MARINE

MAMMAL RESCUE ASSISTANCE

GRANT PROGRAM

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Marine Mammal Rescue Assistance Act of 2000’’.

SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE

GRANT PROGRAM.

(a) IN GENERAL.—Title IV of the Marine Mammal Protection

Act of 1972 (16 U.S.C. 1371 et seq.) is amended—

(1) by redesignating sections 408 and 409 as sections 409

and 410, respectively; and

(2) by inserting after section 407 the following:

‘‘SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE

GRANT PROGRAM.

‘‘(a) IN GENERAL.—(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known

as the John H. Prescott Marine Mammal Rescue Assistance Grant

Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead stranded marine mammals for

scientific research regarding marine mammal health, and facility

operation costs that are directly related to those purposes.

‘‘(2)(A) The Secretary shall ensure that, to the greatest extent

practicable, funds provided as grants 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 making such grants 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.

‘‘(B) In determining 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.

‘‘(b) APPLICATION.—To receive a grant under this section, a

stranding network participant shall submit an application in such

form and manner as the Secretary may prescribe.

‘‘(c) CONSULTATION.—The Secretary shall consult with the

Marine Mammal Commission, a representative from each of the

designated stranding regions, and other individuals who represent

public and private organizations that are actively involved in rescue,

rehabilitation, release, scientific research, marine conservation, and

forensic science regarding stranded marine mammals, regarding

16 USC 4121f-1.

16 USC 1421g,

1421h.

16 USC 1361

note.

Marine Mammal

Rescue

Assistance Act of

2000.

114 STAT. 2768 PUBLIC LAW 106–555—DEC. 21, 2000

the development of criteria for the implementation of the grant

program and the awarding of grants under the program. ‘‘(d) LIMITATION.—The amount of a grant under this section shall not exceed $100,000. ‘‘(e) MATCHING REQUIREMENT.— ‘‘(1) IN GENERAL.—The non-Federal share of the costs of

an activity conducted with a grant under this section shall

be 25 percent of such costs. ‘‘(2) IN-KIND CONTRIBUTIONS.—The Secretary may apply to

the non-Federal share of an activity conducted with a grant

under this section the amount of funds, and the fair market

value of property and services, provided by non-Federal sources

and used for the activity.

‘‘(f ) ADMINISTRATIVE EXPENSES.—Of amounts available each

fiscal year to carry out this section, the Secretary may expend

not more than 6 percent or $80,000, whichever is greater, to pay

the administrative expenses necessary to carry out this section. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) DESIGNATED STRANDING REGION.—The term ‘designated

stranding region’ means a geographic region designated by

the Secretary for purposes of administration of this title. ‘‘(2) SECRETARY.—The term ‘Secretary’ has the meaning

given that term in section 3(12)(A).

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $5,000,000 for each

of fiscal years 2001 through 2003, to remain available until

expended, of which— ‘‘(1) $4,000,000 may be available to the Secretary of Commerce; and

‘‘(2) $1,000,000 may be available to the Secretary of the

Interior.’’.

(b) CONFORMING AMENDMENT.—Section 3(12)(B) of the Marine

Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended

by inserting ‘‘(other than section 408)’’ after ‘‘title IV ’’.

(c) CLERICAL AMENDMENT.—The table of contents in the first

section of the Marine Mammal Protection Act of 1972 (86 Stat.

1027) is amended by striking the items relating to sections 408

and 409 and inserting the following:

‘‘Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program.

‘‘Sec. 409. Authorization of appropriations.

‘‘Sec. 410. Definitions.’’.

SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION.

(a) STUDY.—Not later than 180 days after the date of the

enactment of this Act and subject to the availability of appropriations, the Secretary of Commerce shall initiate a study of the

environmental and biological factors responsible for the significant

increase in mortality events of the eastern gray whale population

and other potential impacts these factors may be having on the

eastern gray whale population.

(b) CONSIDERATION OF WESTERN POPULATION INFORMATION.—

The Secretary should ensure that, to the greatest extent practicable,

information from current and future studies of the western gray

whale population is considered in the study under this section,

so as to better understand the dynamics of each population and

to test different hypotheses that may lead to an increased understanding of the mechanism driving their respective population

dynamics.

Deadline.

16 USC 917a

note.

PUBLIC LAW 106–555—DEC. 21, 2000 114 STAT. 2769

(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to other

amounts authorized under this title, there are authorized to be

appropriated to the Secretary to carry out this section—

(1) $290,000 for fiscal year 2001; and

(2) $500,000 for each of fiscal years 2002 through 2004.

SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN

SAMOA.

(a) IN GENERAL.—The Secretary of Commerce (in this section

referred to as the ‘‘Secretary’’) may convey to the Government

of American Samoa in accordance with this section, without consideration, all right, title, and interest of the United States in and

to a retired National Oceanic and Atmospheric Administration

fishery research vessel in operable condition, for use by American

Samoa.

(b) LIMITATION.—The Secretary may not convey a vessel under

this section before the date on which a new replacement fishery

research vessel has been delivered to the National Oceanic and

Atmospheric Administration and put in active service.

(c) OPERATION AND MAINTENANCE.—The Government of the

United States shall not be responsible or liable for any maintenance

or operation of a vessel conveyed under this section after the date

of the delivery of the vessel to American Samoa.

SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO

NATIONAL MARINE SANCTUARY DESIGNATION STANDARDS.

(a) TECHNICAL AMENDMENT.—Section 303(a) of the National

Marine Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking

‘‘the Secretary—’’ and all that follows through the end of the sentence and inserting the following: ‘‘the Secretary determines that—

‘‘(1) the designation will fulfill the purposes and policies

of this title;

‘‘(2) the area is of special national significance due to—

‘‘(A) its conservation, recreational, ecological, historical,

scientific, cultural, archaeological, educational, or esthetic

qualities;

‘‘(B) the communities of living marine resources it harbors; or

‘‘(C) its resource or human-use values;

‘‘(3) existing State and Federal authorities are inadequate

or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including

resource protection, scientific research, and public education;

‘‘(4) designation of the area as a national marine sanctuary

will facilitate the objectives stated in paragraph (3); and

‘‘(5) the area is of a size and nature that will permit

comprehensive and coordinated conservation and management.’’.

(b) CONFORMING AMENDMENTS.—Such Act is further amended—

(1) in section 304(a)(1)(C) (as amended by section 6(a) of

the National Marine Sanctuaries Amendments Act of 2000)

by striking ‘‘the Secretary shall’’; and

(2) in section 304(a)(2)(E) (as amended by section 6(b) of

the National Marine Sanctuaries Amendments Act of 2000)

by striking ‘‘findings’’ and inserting ‘‘determinations’’.

16 USC 1434.

114 STAT. 2770 PUBLIC LAW 106–555—DEC. 21, 2000

LEGISLATIVE HISTORY—H.R. 2903:

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 31, considered and passed House.

Dec. 8, considered and passed Senate.

Æ

(c) EFFECTIVE DATE.—This section shall take effect immediately

after the National Marine Sanctuaries Amendments Act of 2000

takes effect.

SEC. 206. WESTERN PACIFIC PROJECT GRANTS.

Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C.

155 note) is amended by striking the last sentence and inserting

‘‘There are authorized to be appropriated to carry out this section

$500,000 for each fiscal year.’’.

Approved December 21, 2000.

16 USC 1855

note.

16 USC 1433

note.