I 

109TH CONGRESS 

1ST SESSION H. R. 2130 

To amend the Marine Mammal Protection Act of 1972 to authorize research 

programs to better understand and protect marine mammals, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2005 

Mr. GILCHREST introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

To amend the Marine Mammal Protection Act of 1972 to 

authorize research programs to better understand and 

protect marine mammals, 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 Pro5 tection Act Amendments of 2005’’. 

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 provi-
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1 sion, the reference shall be considered to be made to such 

2 section or other provision of the Marine Mammal Protec3 tion Act of 1972 (16 U.S.C. 1361 et seq.). 

4 SEC. 3. 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 SECTION.—Section 

11 118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended 

12 by striking ‘‘, except that’’ and all that follows through 

13 ‘‘is valid’’. 

14 SEC. 4. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 

15 PRODUCTS. 

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

17 1371(a)(6)) is amended by redesignating subparagraph 

18 (B) as subparagraph (C), and by inserting after subpara19 graph (A) the following: 

20 ‘‘(B) A marine mammal product may be ex21 ported from the United States if the product— 

22 ‘‘(i) is legally possessed, and exported by, 

23 a citizen of the United States for noncommer24 cial purposes in conjunction with travel outside 

25 the United States and the product is imported 
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1 into the United States by the same person upon 

2 the termination of travel; 

3 ‘‘(ii) is legally possessed, and exported by, 

4 a person that is not a citizen of the United 

5 States for noncommercial purposes; 

6 ‘‘(iii) is legally possessed and exported as 

7 part of a cultural exchange, by an Indian, 

8 Aleut, or Eskimo residing in Alaska; or 

9 ‘‘(iv) is owned by a Native inhabitant of 

10 Russia, Canada, or Greenland and is exported 

11 for noncommercial purposes— 

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

13 completion of, travel within the United 

14 States; or 

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

16 with an Indian, Aleut, or Eskimo residing 

17 in Alaska.’’. 

18 (b) CONFORMING AMENDMENT.—Section 

19 101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is amended 

20 by inserting ‘‘for noncommercial purposes’’ after ‘‘United 

21 States’’ the first place it appears. 

22 SEC. 5. CAPTIVE RELEASE PROHIBITION. 

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

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

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

2 inserting ‘‘; and’’; and 

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

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

6 marine mammal unless specifically authorized to do 

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

8 109(h), except that this paragraph shall not apply to 

9 the temporary release of any marine mammal that 

10 is— 

11 ‘‘(A) maintained in captivity under section 

12 7524 of title 10, United States Code (including 

13 any progeny of a marine mammal maintained 

14 under that section); or 

15 ‘‘(B) the progeny of a marine mammal ex16 cluded from coverage under this Act by section 

17 102(e).’’. 

18 SEC. 6. ANNUAL REPORT REQUIREMENT. 

19 Section 103 (16 U.S.C. 1373(f)) is amended— 

20 (1) in subsection (f) in the first sentence, by in21 serting ‘‘and notwithstanding Public Law 104–66,’’ 

22 after ‘‘thereafter’’; and 

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

24 ‘‘(g) The head of each Federal agency that conducts 

25 and provides funds for research on marine mammals shall 
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1 report annually to the Committee on Resources of the 

2 House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate on fund4 ing provided and research conducted regarding marine 

5 mammals during the preceding year.’’. 

6 SEC. 7. PERMIT CLARIFICATIONS. 

7 (a) CLARIFICATIONS.—Section 104 (16 U.S.C. 1374) 

8 is amended as follows: 

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

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

11 ‘‘requesting the permit’’. 

12 (2) Subsection (c)(9) is amended to read as fol13 lows: 

14 ‘‘(9)(A) No marine mammal may be exported— 

15 ‘‘(i) for the purpose of public display, 

16 unless the Secretary of Agriculture evalu17 ates and verifies, and thereafter notifies 

18 the Secretary, that the receiving facility 

19 meets standards that are comparable to 

20 the requirements that a person must meet 

21 to receive a permit under this subsection 

22 for that purpose; or 

23 ‘‘(ii) for the purpose of scientific re24 search or enhancing the survival or recov25 ery of a species or stock, unless the receiv-
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1 ing facility meets standards that are com2 parable to the requirements that a person 

3 must meet to receive a permit under this 

4 subsection for that purpose. 

5 ‘‘(B) The Secretary may not require or request, 

6 through comity or any other means, that any marine 

7 mammal or its progeny remain subject to the juris8 diction of the United States when located in waters 

9 or on lands that are subject to the jurisdiction of an10 other country.’’. 

11 (3) Subsection (c)(10) is amended— 

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

13 within the lands and waters of the United 

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

15 appears; 

16 (B) by inserting after the first sentence 

17 the following: ‘‘The Secretary shall update the 

18 inventory on an annual basis.’’; and 

19 (C) in subparagraph (D) by inserting 

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

21 (b) REVIEW AND REPORT REGARDING INVEN22 TORY.— 

23 (1) REVIEW.—The Secretaries of Commerce 

24 and the Interior shall, by not later than 12 months 

25 after date of the enactment of this Act, jointly con-
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1 duct a review of the inventory maintained under sec2 tion 104(c)(10) of the Marine Mammal Protection 

3 Act of 1972 (16 U.S.C. 1374(c)(10)), the use of the 

4 information in the inventory, and the costs, benefits, 

5 and issues associated with the development of an on6 line inventory. 

7 (2) CONSULTATION.—In conducting the review, 

8 the Secretary shall consult and solicit input from 

9 persons who are required to provide information for 

10 the inventory. 

11 (3) REPORT.—The Secretary shall submit a re12 port to Committee on Resources of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate on the 

15 findings of the review under this subsection. The re16 port shall include the following: 

17 (A) Recommendations on whether the in18 ventory should be maintained by the Secretary 

19 or by another person under contract. 

20 (B) How the Secretary would oversee 

21 maintenance of the inventory carried out under 

22 contract. 

23 (C) How public access and access by Fed24 eral agencies to the inventory can be main-
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1 tained if the inventory is maintained under con2 tract. 

3 (D) How the Secretary can minimize dupli4 cation on the information the Secretary receives 

5 from public display facilities and reduce the 

6 paper work burden on those facilities. 

7 (E) An estimate of the cost of maintaining 

8 the inventory. 

9 (F) A description of how the Secretary will 

10 ensure the secure maintenance of the data in 

11 the inventory. 

12 (G) An analysis of the potential that online 

13 availability of the information in the inventory 

14 could adversely affect the safety of the animals. 

15 (c) LIMITATION ON NOTIFICATION REQUIRE16 MENTS.—Section 104(c) (16 U.S.C. 1374(c)) is amended 

17 in paragraph (2)(E) in the first sentence, and in para18 graph (8)(B)(II), by inserting before the period at the end 

19 the following: ‘‘, except that if the transport is for pur20 poses of public display and the transfer is between facili21 ties where the ownership and care of the marine mammal 

22 will be under the same license or registration issued under 

23 the Animal Welfare Act (7 U.S.C. 2131 et seq.) then only 

24 a notice of transport is required’’. 
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1 SEC. 8. FINES AND PENALTIES. 

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

3 105 (16 U.S.C. 1375) is amended— 

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

5 and inserting ‘‘$20,000’’; and 

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

7 inserting ‘‘$30,000’’. 

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

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

10 ‘‘$35,000’’. 

11 SEC. 9. MARINE MAMMAL RESEARCH GRANTS. 

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

13 (1) by amending subsection (a) to read as fol14 lows: 

15 ‘‘(a) AUTHORIZATION OF ASSISTANCE; ANNUAL RE16 PORT.— 

17 ‘‘(1) AUTHORIZATION OF ASSISTANCE.—The 

18 Secretary may make grants, or provide financial as19 sistance in such other form as the Secretary con20 siders appropriate, to any Federal or State agency, 

21 public or private institution, or other person for the 

22 purpose of assisting such agency, institution, or per23 son to undertake research in subjects that are rel24 evant to the protection and conservation of marine 

25 mammals, and the ecosystems upon which they de26 pend, including, but not limited to, the Bering/ 
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1 Chukchi Sea ecosystem and the California coastal 

2 marine ecosystem. 

3 ‘‘(2) INCLUSION OF INFORMATION IN RE4 PORTS.—The Secretary shall include a description of 

5 the annual results of research carried out with as6 sistance under this section in the report required 

7 under section 103(f). 

8 ‘‘(3) CONTRIBUTIONS.—For purposes of car9 rying out this section, the Secretary may accept, so10 licit, receive, hold, administer, and use gifts, devises, 

11 and bequests.’’; and 

12 (2) by striking subsections (c) and (d) and in13 serting the following: 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—To 

15 carry out this section there is authorized to be appro16 priated to the Secretary $1,500,000 for each of fiscal 

17 years 2006 through 2010.’’. 

18 SEC. 10. FISHERIES GEAR DEVELOPMENT. 

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

20 (1) Subsection (a) is amended to read as fol21 lows: 

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

23 ‘‘(1) IN GENERAL.—The Secretary of Com24 merce (in this section referred to as the ‘Secretary’) 

25 shall— 
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1 ‘‘(A) carry out a program of research and 

2 development for the purpose of devising im3 proved fishing methods and gear so as to re4 duce to the maximum extent practicable the in5 cidental taking of marine mammals in connec6 tion with fishing operations; and 

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

9 and operators of fishing vessels such gear and 

10 fishing method improvements as quickly as pos11 sible. 

12 ‘‘(2) COORDINATION WITH OTHER COUN13 TRIES.—The Secretary may coordinate with other 

14 countries to foster gear technology transfer initia15 tives to reduce to the maximum extent practicable 

16 the incidental mortality and serious injury of marine 

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

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

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

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

21 of appropriations, the Secretary may establish a 

22 grant program to provide financial assistance for de23 veloping, manufacturing, testing, or designing new 

24 types of fishing gear designed to reduce to the max25 imum extent practicable the incidental taking (in-
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1 cluding incidental mortality and serious injury) of 

2 marine mammals. 

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

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

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

7 grant under this section, an applicant must submit 

8 an application in such form and manner as the Sec9 retary may prescribe. 

10 ‘‘(4) CONSULTATION REGARDING CRITERIA.— 

11 The Secretary shall consult with the Secretary of the 

12 Interior and the Marine Mammal Commission re13 garding the development of criteria for the awarding 

14 of grants under this subsection. 

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

16 available each fiscal year to carry out this sub17 section, the Secretary may expend not more than 

18 $40,000 to pay the administrative expenses nec19 essary to carry out this subsection. 

20 ‘‘(6) CONTRIBUTIONS.—For purposes of car21 rying out this section, the Secretary may accept, so22 licit, receive, hold, administer, and use gifts, devises, 

23 and bequests. 

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To 

25 carry out this section there is authorized to be appro-
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1 priated to the Secretary $1,500,000 for each of fiscal 

2 years 2006 through 2010.’’. 

3 SEC. 11. TROPICAL TREATY CONFORMING AMENDMENT. 

4 Subsection (c) of the Dolphin Protection Consumer 

5 Information Act (16 U.S.C. 1385) is amended in para6 graph (2) by striking ‘‘160 degrees west longitude’’ and 

7 inserting ‘‘150 degrees west longitude’’. 

8 SEC. 12. TAKE REDUCTION PLANS. 

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

10 amended as follows: 

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

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

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

14 precedes subparagraph (B) and inserting the fol15 lowing: 

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

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

18 of the Marine Mammal Protection Act Amendments of 

19 2005— 

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

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

22 necessary changes to the Secretary’s list of fisheries 

23 published under section 114(b)(1) in the Federal 

24 Register on August 24, 1994 (along with an expla25 nation of such changes and a statement describing 
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1 the marine mammal stocks interacting with, and the 

2 approximate number of vessels or persons actively 

3 involved in, each such fishery), with respect to— 

4 ‘‘(i) commercial and recreational fisheries 

5 that have frequent incidental mortality and seri6 ous injury of marine mammals; 

7 ‘‘(ii) commercial and recreational fisheries 

8 that have occasional incidental mortality and 

9 serious injury of marine mammals; or 

10 ‘‘(iii) commercial fisheries that have a re11 mote likelihood of or no known incidental mor12 tality or serious injury of marine mammals;’’. 

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

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

15 (4) In subsection (c)(2)(A) by striking ‘‘com16 mercial’’. 

17 (5) In subsection (c)(3)(A) in the matter pre18 ceding clause (i) by striking ‘‘a commercial fishery’’ 

19 and inserting ‘‘that fishery’’. 

20 (6) In subsection (c)(3)(E) by inserting ‘‘com21 mercial’’ after ‘‘any’’. 

22 (7) In subsection (c)(5)(B) by striking ‘‘com23 mercial’’. 

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

25 subparagraph (A) by striking ‘‘commercial fishing 
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1 operations’’ and inserting ‘‘fishing operations in a 

2 fishery listed under subsection (c)(1)(A)(i) or (ii)’’. 

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

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

5 and inserting ‘‘fisheries listed under subsection 

6 (c)(1)(A)(i) or (ii)’’. 

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

8 (A) In the matter preceding subparagraph 

9 (A) by striking ‘‘commercial fisheries’’ and in10 serting ‘‘fisheries listed under subsection 

11 (c)(1)(A)(i) or (ii)’’. 

12 (B) In subparagraph (A) by striking ‘‘com13 mercial fisheries’’ and inserting ‘‘fisheries listed 

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

15 (C) In subparagraph (B) by striking ‘‘com16 mercial fisheries’’ and inserting ‘‘fisheries listed 

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

18 (D) In subparagraph (C) by striking ‘‘com19 mercial fisheries’’ and inserting ‘‘fisheries listed 

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

21 (11) In subsection (d)(5) by striking ‘‘commer22 cial fishing operations’’ and inserting ‘‘fishing oper23 ations in fisheries listed under subsection 

24 (c)(1)(A)(i) or (ii)’’. 
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1 (12) In subsection (e) in the matter preceding 

2 paragraph (1)— 

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

4 appears; and 

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

6 ‘‘this section’’. 

7 (13) In subsection (f) by striking so much as 

8 precedes paragraph (2) and inserting the following: 

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

10 shall develop and implement a take reduction plan de11 signed to assist in the recovery or prevent the depletion 

12 of each strategic stock which interacts with a fishery listed 

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

14 determines, after notice and opportunity for public com15 ment, that the level of fishery related mortality and seri16 ous injury is having a negligible impact on that stock. The 

17 Secretary may develop and implement a take reduction 

18 plan for any other marine mammal stocks which interact 

19 with a fishery listed under subsection (c)(1)(A)(i) which 

20 the Secretary determines, after notice and opportunity for 

21 public comment, has a high level of mortality and serious 

22 injury across a number of such marine mammal stocks.’’. 

23 (14) In subsection (f)(2)— 

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

25 ‘‘9 months’’; and 
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1 (B) by striking ‘‘commercial fishing oper2 ations’’ each place it appears and inserting 

3 ‘‘fishing operations in fisheries listed under sub4 section (c)(1)(A)(i) or (ii)’’. 

5 (15) In subsection (f)(3) by striking ‘‘commer6 cial’’. 

7 (16) In subsection (f)(4)(B) by striking ‘‘com8 mercial fishing operations’’ and inserting ‘‘fishing 

9 operations in fisheries listed under subsection 

10 (c)(1)(A)(i) or (ii)’’. 

11 (17) In subsection (f)(5)— 

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

13 months’’ and inserting ‘‘9 months’’; and 

14 (B) in subparagraphs (A) and (B) by 

15 striking ‘‘commercial’’ each place it appears. 

16 (18) In subsection (f)(6)(A)— 

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

18 and 

19 (B) in clause (ii) by striking ‘‘commercial 

20 fisheries’’ and inserting ‘‘fisheries listed under 

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

22 (19) In subsection (f)(6)(C) in the second sen23 tence, by inserting before ‘‘, and others’’ the fol24 lowing: ‘‘, where appropriate a representative of the 

25 office of General Counsel of the National Oceanic 
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1 and Atmospheric Administration, a representative of 

2 the National Marine Fisheries Service having re3 sponsibilities related to fisheries science, a represent4 ative of the National Marine Fisheries Service hav5 ing responsibilities related to law enforcement, and 

6 a representative of the appropriate National Marine 

7 Fisheries Service Regional Administrator’’. 

8 (20) In subsection (f)(7)— 

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

10 months’’ and inserting ‘‘9 months’’; 

11 (B) in subparagraph (B)(i)— 

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

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

14 days’’; and 

15 (ii) by adding at the end the fol16 lowing: ‘‘Before publishing any plan that is 

17 different than the draft plan proposed by 

18 a take reduction team, the Secretary shall 

19 reconvene the team and explain to the 

20 team the differences between the published 

21 plan and the draft plan proposed by the 

22 team.’’; and 

23 (C) in subparagraph (B)(ii)— 

24 (i) by striking ‘‘6 months’’ and insert25 ing ‘‘9 months’’; and 
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1 (ii) by striking ‘‘not later than 8 

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

3 months’’. 

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

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

6 90 days’’. 

7 (22) In subsection (f)(7)(D) by striking ‘‘com8 mercial’’. 

9 (23) In subsection (f)(8)— 

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

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

12 than 180 days’’; and 

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

14 appears. 

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

16 (A) In subparagraph (A) by striking ‘‘com17 mercial fisheries or restrict commercial fish18 eries’’ and inserting ‘‘fisheries listed under sub19 section (c)(1)(A)(i) or (ii) or restrict such fish20 eries’’. 

21 (B) In subparagraphs (B) and (C) by 

22 striking ‘‘commercial’’ each place it appears. 

23 (C) In subparagraph (D) by striking ‘‘com24 mercial fishing operations’’ and inserting ‘‘par-
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1 ticipation in a fishery listed under subsection 

2 (c)(1)(A)(i) or (ii)’’. 

3 (25) In subsection (g)(1) by striking ‘‘commer4 cial fisheries’’ and inserting ‘‘fisheries listed under 

5 subsection (c)(1)(A)(i) or (ii)’’. 

6 (26) In subsection (g)(3)(B) by striking ‘‘com7 mercial’’. 

8 (27) In subsection (g)(4) by striking ‘‘commer9 cial fishery’’ and inserting ‘‘fishery listed under sub10 section (c)(1)(A)(i) or (ii)’’. 

11 (28) In subsection (j) by inserting ‘‘including 

12 observer, research, and education and outreach pro13 grams,’’ after ‘‘For purposes of carrying out this 

14 section,’’. 

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

16 as follows: 

17 ‘‘(C) identify current fishery regulations and 

18 changes in fishing methods or technology that may 

19 increase or decrease incidental mortality and serious 

20 injury.’’. 

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

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

23 regional fishery management plans.’’. 

24 (31) By amending subsection (f)(4)(A) to read 

25 as follows: 
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1 ‘‘(A) a review of the information in the final 

2 stock assessment published under section 117(b), 

3 any substantial new information, a review of the 

4 conservation benefits from current State and re5 gional fishery management regulations;’’. 

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

7 amended— 

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (C); 

10 (2) by inserting ‘‘and’’ at the end of subpara11 graph (D); and 

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

13 ‘‘(E) potential conservation benefits pro14 vided by State and regional fishery manage15 ment regulations;’’. 

16 (c) ZERO MORTALITY RATE GOAL AMENDMENTS.— 

17 Section 118 (16 U.S.C. 1387) is amended in subsections 

18 (a)(1) and (b)(1) by striking ‘‘within 7 years after the date 

19 of enactment of this section’’ each place it appears. 

20 (d) CONFORMING AMENDMENT.—Section 

21 101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E)) is amended by 

22 inserting ‘‘or recreational’’ after ‘‘commercial’’ each place 

23 it appears. 
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1 SEC. 13. PINNIPED RESEARCH. 

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

3 at the end the following: 

4 ‘‘(k) RESEARCH ON NONLETHAL REMOVAL AND

5 CONTROL.—(1) The Secretary shall conduct research on 

6 the nonlethal removal and control of nuisance pinnipeds. 

7 The research shall include a review of measures that have 

8 been taken to effect such removal and control, the effec9 tiveness of these measures, and the development of new 

10 technologies to deter nuisance pinnipeds. 

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

14 fishing industries. 

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

16 to use independent marine mammal research institutions 

17 in developing and in conducting the research program. 

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

19 year, submit an annual report on the results of research 

20 under this subsection to the Committee on Resources of 

21 the House of Representatives and the Committee on Com22 merce, Science, and Transportation of the Senate. 

23 ‘‘(l) QUALIFIED NONLETHAL CONTROL PROJECTS.— 

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

25 extent amounts are available to carry out this sub26 section, provide a grant to any eligible applicant to 
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1 carry out a qualified nonlethal control project in ac2 cordance with this subsection. 

3 ‘‘(2) APPLICATIONS.—The Secretary shall— 

4 ‘‘(A) publish guidelines for and solicit ap5 plications for grants under this subsection not 

6 later than 6 months after the date of enactment 

7 of this subsection; and 

8 ‘‘(B) receive, review, evaluate, and approve 

9 applications for grants under this subsection. 

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

11 applicant for purposes of paragraph (1), an appli12 cant must— 

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

14 interstate or regional agency; and 

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

16 and authority to carry out and monitor or 

17 maintain a nonlethal control of nuisance 

18 pinnipeds project. 

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

20 qualified control project under this subsection, a 

21 project must— 

22 ‘‘(A) by humane and nonlethal means, re23 move, deter, and control nuisance pinnipeds in 

24 areas where they are a recurrent and persistent 

25 threat to public health and safety; and 
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1 ‘‘(B) encourage public notice, education, 

2 and outreach on project activities in the af3 fected community. 

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

5 this subsection shall be to provide funding for the 

6 Federal share of the cost of a project carried out 

7 with the grant for up to 2 fiscal years. 

8 ‘‘(6) REPORTING BY GRANTEE.— 

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

10 out a control project with a grant under this 

11 subsection shall report to the Secretary at the 

12 expiration of the grant. 

13 ‘‘(B) REPORT CONTENTS.—Each report 

14 under this subsection shall include specific in15 formation on the methods and techniques used 

16 to control nuisance pinniped species in the 

17 project area, and on the ensuing results. 

18 ‘‘(7) COST SHARING.— 

19 ‘‘(A) FEDERAL SHARE.—Except as pro20 vided in paragraphs (2) and (3), the Federal 

21 share of the cost of a project carried out with 

22 a grant under this subsection shall not exceed 

23 75 percent of such cost. 

24 ‘‘(B) APPLICATION OF IN-KIND CONTRIBU25 TIONS.—The Secretary may apply to the non- 
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1 Federal share of costs of a control project car2 ried out with a grant under this subsection the 

3 fair market value of services or any other form 

4 of in-kind contribution to the project made by 

5 non-Federal interests that the Secretary deter6 mines to be an appropriate contribution equiva7 lent to the monetary amount required for the 

8 non-Federal share of the activity. 

9 ‘‘(C) DERIVATION OF NON-FEDERAL

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

11 a control project carried out with a grant under 

12 this subsection may not be derived from a Fed13 eral grant program or other Federal funds. 

14 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to the Sec16 retary $1,500,000 for each of fiscal years 2006 

17 through 2010. 

18 ‘‘(9) CLARIFICATION.—Nothing in this sub19 section shall be interpreted as suspending or waiving 

20 any requirement under any other provision of this 

21 Act.’’. 

22 SEC. 14. MARINE MAMMAL COMMISSION. 

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

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

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

4 1406) is amended— 

5 (1) in paragraph (4) by striking ‘‘(but at rates 

6 for individuals not to exceed $100 per diem)’’; and 

7 (2) in paragraph (5) by striking ‘‘Financial’’ 

8 and all that follows through the end of that sen9 tence. 

10 SEC. 15. STRANDING AND ENTANGLEMENT RESPONSE. 

11 (a) COLLECTION AND UPDATING OF INFORMA12 TION.—Section 402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) 

13 is amended by inserting ‘‘or entangled’’ after ‘‘stranded’’. 

14 (b) ENTANGLEMENT RESPONSE AGREEMENTS.— 

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

16 1421b) is amended— 

17 (A) by amending the section heading to 

18 read as follows: 

19 ‘‘SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 

20 AGREEMENTS.’’; 

21 and 

22 (B) in subsection (a) by inserting ‘‘or en23 tanglement’’ before the period. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents at the end of the first section is amended by 
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1 striking the item relating to section 403 and insert2 ing the following: 

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

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

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

6 (d) ENTANGLEMENT DEFINED.— 

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

8 1421h) is amended— 

9 (A) by redesignating paragraphs (1) 

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

11 (7); and 

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

13 so redesignated) the following: 

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

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

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

17 around or attached to it and is— 

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

19 States; or 

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

21 the United States.’’. 

22 (2) CONFORMING AMENDMENT.—Section 

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

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

25 ‘‘section 410(7)’’. 
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1 (e) JOHN H. PRESCOTT MARINE MAMMAL RESCUE

2 ASSISTANCE GRANT PROGRAM.— 

3 (1) AUTHORIZATION OF APPROPRIATIONS FOR

4 GRANT PROGRAM.—Section 408(h) (16 U.S.C. 

5 1421f–1(h)) is amended— 

6 (A) by striking ‘‘$5,000,000 for each of 

7 fiscal years 2001 through 2003’’ and inserting 

8 ‘‘$7,000,000 for each of fiscal years 2006 

9 through 2010’’; and 

10 (B) in paragraph (1) by striking 

11 ‘‘$4,000,000’’ and inserting ‘‘$6,000,000’’ . 

12 (2) ADMINISTRATIVE COSTS AND EXPENSES.— 

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

14 (A) by adding at the end of subsection 

15 (a)(1) the following: ‘‘All funds available to im16 plement this section shall be distributed to eligi17 ble stranding network participants for the pur18 poses set forth in this paragraph and paragraph 

19 (2), except as provided in subsection (f).’’; and 

20 (B) by amending subsection (f) to read as 

21 follows: 

22 ‘‘(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of 

23 the amounts available each fiscal year to carry out this 

24 section, the Secretary may expend not more than 5 per25 cent or $80,000, whichever is greater, to pay the adminis-
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1 trative costs and administrative expenses to implement the 

2 grant program under subsection (a). Any such funds re3 tained by the Secretary for a fiscal year for such costs 

4 and expenses that are not used for such costs and ex5 penses before the end of the fiscal year shall be provided 

6 as grants under subsection (a).’’. 

7 (3) EMERGENCY ASSISTANCE.—Section 408 (16 

8 U.S.C. 1421f–1) is amended— 

9 (A) in subsection (a) by redesignating 

10 paragraphs (2) and (3) as paragraph (3) and 

11 (4), respectively, and by inserting after para12 graph (1) the following: 

13 ‘‘(2) Subject to the availability of appropriations, the 

14 Secretary may also enter into cooperative agreements, con15 tracts, or such other agreements or arrangements as the 

16 Secretary considers appropriate to address stranding 

17 events requiring emergency assistance.’’; 

18 (B) in subsection (d) by inserting ‘‘(1)’’ 

19 before the first sentence, and by adding at the 

20 end the following: 

21 ‘‘(2) Funding for emergency stranding projects shall 

22 not be subject to the funding limit established in para23 graph (1).’’; 

24 (C) in subsection (e)— 
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1 (i) in paragraph (1) by striking ‘‘The 

2 non-Federal’’ and inserting ‘‘Except as 

3 provided in paragraph (2), the non-Fed4 eral’’; 

5 (ii) by redesignating paragraph (2) as 

6 paragraph (3); and 

7 (iii) by inserting after paragraph (1) 

8 the following: 

9 ‘‘(2) EMERGENCY ASSISTANCE.—No non-Fed10 eral contribution shall be required for funding for a 

11 response to an emergency stranding event.’’; and 

12 (D) in subsection (g) by redesignating 

13 paragraph (2) as paragraph (3) and inserting 

14 after paragraph (1) the following: 

15 ‘‘(2) EMERGENCY ASSISTANCE.—The term 

16 ‘emergency assistance’ means assistance provided for 

17 a stranding event that— 

18 ‘‘(A) is not an unusual mortality event as 

19 defined in section 409(6); 

20 ‘‘(B) leads to an immediate increase in re21 quired costs for stranding response, recovery, or 

22 rehabilitation in excess of regularly scheduled 

23 costs; 

24 ‘‘(C) may be cyclical or endemic; and 

25 ‘‘(D) may involve out-of-habitat animals.’’. 
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1 (4) CONTRIBUTIONS.—Section 408 (16 U.S.C. 

2 1421f–1) is amended by adding at the end the fol3 lowing: 

4 ‘‘(i) CONTRIBUTIONS.—For purposes of carrying out 

5 this section, the Secretary may solicit, accept, receive, 

6 hold, administer, and use gifts, devises, and bequests.’’. 

7 (f) AUTHORIZATION OF APPROPRIATIONS FOR MA8 RINE MAMMAL UNUSUAL MORTALITY EVENT FUND.— 

9 Section 409(3) (16 U.S.C. 1421g(3)) is amended by strik10 ing ‘‘$500,000 for fiscal year 1993’’ and inserting 

11 ‘‘$125,000 for each of fiscal years 2006 through 2010’’. 

12 SEC. 16. SCRIMSHAW EXEMPTION. 

13 Any valid certificate of exemption referred to in sec14 tion 18 of Public Law 103–238 (16 U.S.C. 1539 note) 

15 that was valid under that section on April 29, 1999, shall 

16 be valid during the 11-year period beginning October 31, 

17 1999. 

Æ