IB 

Union Calendar No. 112 

109TH CONGRESS 

1ST SESSION H. R. 2130 

[Report No. 109–180] 

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 

JULY 21, 2005 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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’’. 
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1 SEC. 2. AMENDMENT REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to such 

6 section or other provision of the Marine Mammal Protec7 tion Act of 1972 (16 U.S.C. 1361 et seq.). 

8 SEC. 3. TECHNICAL CORRECTIONS. 

9 (a) COMMITTEE REFERENCES.—The Marine Mam10 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 

11 amended by striking ‘‘Committee on Merchant Marine and 

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

13 on Resources’’. 

14 (b) OBSOLETE REFERENCE TO SECTION.—Section 

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

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

17 ‘‘is valid’’. 

18 SEC. 4. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 

19 PRODUCTS. 

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

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

22 (B) as subparagraph (C), and by inserting after subpara23 graph (A) the following: 

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

2 a citizen of the United States for noncommer3 cial purposes in conjunction with travel outside 

4 the United States and the product is imported 

5 into the United States by the same person upon 

6 the termination of travel; 

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

8 a person that is not a citizen of the United 

9 States for noncommercial purposes; 

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

11 part of a cultural exchange, by an Indian, 

12 Aleut, or Eskimo residing in Alaska; or 

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

14 Russia, Canada, or Greenland and is exported 

15 for noncommercial purposes— 

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

17 completion of, travel within the United 

18 States; or 

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

20 with an Indian, Aleut, or Eskimo residing 

21 in Alaska.’’. 

22 (b) CONFORMING AMENDMENT.—Section 

23 101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is amended 

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

25 States’’ the first place it appears. 
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1 SEC. 5. CAPTIVE RELEASE PROHIBITION. 

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

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

4 104(c); and’’ and inserting ‘‘section 104(c);’’; 

5 (2) in paragraph (5) by striking the period and 

6 inserting ‘‘; and’’; and 

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

8 ‘‘(6) for any person that is subject to the juris9 diction of the United States to release any captive 

10 marine mammal unless specifically authorized to do 

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

12 109(h), except that this paragraph shall not apply to 

13 the temporary release of any marine mammal that 

14 is— 

15 ‘‘(A) maintained in captivity under section 

16 7524 of title 10, United States Code (including 

17 any progeny of a marine mammal maintained 

18 under that section); or 

19 ‘‘(B) the progeny of a marine mammal ex20 cluded from coverage under this Act by section 

21 102(e).’’. 

22 SEC. 6. ANNUAL REPORT REQUIREMENT. 

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

24 (1) in subsection (f) in the first sentence, by in25 serting ‘‘and notwithstanding Public Law 104–66,’’ 

26 after ‘‘thereafter’’; and 
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1 (2) by adding at the end the following: 

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

3 and provides funds for research on marine mammals shall 

4 report annually to the Committee on Resources of the 

5 House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate on fund7 ing provided and research conducted regarding marine 

8 mammals during the preceding year.’’. 

9 SEC. 7. PERMIT CLARIFICATIONS. 

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

11 is amended as follows: 

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

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

14 ‘‘requesting the permit’’. 

15 (2) Subsection (c)(9) is amended to read as fol16 lows: 

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

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

19 unless the Secretary of Agriculture evalu20 ates and verifies, and thereafter notifies 

21 the Secretary, that the receiving facility 

22 meets standards that are comparable to 

23 the requirements that a person must meet 

24 to receive a permit under this subsection 

25 for that purpose; or 
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1 ‘‘(ii) for the purpose of scientific re2 search or enhancing the survival or recov3 ery of a species or stock, unless the receiv4 ing facility meets standards that are com5 parable to the requirements that a person 

6 must meet to receive a permit under this 

7 subsection for that purpose. 

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

9 through comity or any other means, that any marine 

10 mammal or its progeny remain subject to the juris11 diction of the United States when located in waters 

12 or on lands that are subject to the jurisdiction of an13 other country.’’. 

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

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

16 within the lands and waters of the United 

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

18 appears; 

19 (B) by inserting after the first sentence 

20 the following: ‘‘The Secretary shall update the 

21 inventory on an annual basis.’’; and 

22 (C) in subparagraph (D) by inserting 

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

24 (b) REVIEW AND REPORT REGARDING INVEN25 TORY.— 
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1 (1) REVIEW.—The Secretaries of Commerce 

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

3 after date of the enactment of this Act, jointly con4 duct a review of the inventory maintained under sec5 tion 104(c)(10) of the Marine Mammal Protection 

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

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

8 and issues associated with the development of an on9 line inventory. 

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

11 the Secretary shall consult and solicit input from 

12 persons who are required to provide information for 

13 the inventory. 

14 (3) REPORT.—The Secretary shall submit a re15 port to Committee on Resources of the House of 

16 Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate on the 

18 findings of the review under this subsection. The re19 port shall include the following: 

20 (A) Recommendations on whether the in21 ventory should be maintained by the Secretary 

22 or by another person under contract. 

23 (B) How the Secretary would oversee 

24 maintenance of the inventory carried out under 

25 contract. 
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1 (C) How public access and access by Fed2 eral agencies to the inventory can be main3 tained if the inventory is maintained under con4 tract. 

5 (D) How the Secretary can minimize dupli6 cation on the information the Secretary receives 

7 from public display facilities and reduce the 

8 paper work burden on those facilities. 

9 (E) An estimate of the cost of maintaining 

10 the inventory. 

11 (F) A description of how the Secretary will 

12 ensure the secure maintenance of the data in 

13 the inventory. 

14 (G) An analysis of the potential that online 

15 availability of the information in the inventory 

16 could adversely affect the safety of the animals. 

17 (c) LIMITATION ON NOTIFICATION REQUIRE18 MENTS.—Section 104(c) (16 U.S.C. 1374(c)) is amended 

19 in paragraph (2)(E) in the first sentence, and in para20 graph (8)(B)(II), by inserting before the period at the end 

21 the following: ‘‘, except that if the transport is for pur22 poses of public display and the transfer is between facili23 ties where the ownership and care of the marine mammal 

24 will be under the same license or registration issued under 
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1 the Animal Welfare Act (7 U.S.C. 2131 et seq.) then only 

2 a notice of transport is required’’. 

3 SEC. 8. FINES AND PENALTIES. 

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

5 105 (16 U.S.C. 1375) is amended— 

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

7 and inserting ‘‘$20,000’’; and 

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

9 inserting ‘‘$30,000’’. 

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

11 1376(b)) is amended by striking ‘‘$25,000’’ and inserting 

12 ‘‘$35,000’’. 

13 SEC. 9. MARINE MAMMAL RESEARCH GRANTS. 

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

15 (1) by amending subsection (a) to read as fol16 lows: 

17 ‘‘(a) AUTHORIZATION OF ASSISTANCE; ANNUAL RE18 PORT.— 

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

20 Secretary may make grants, or provide financial as21 sistance in such other form as the Secretary con22 siders appropriate, to any Federal or State agency, 

23 public or private institution, or other person for the 

24 purpose of assisting such agency, institution, or per25 son to undertake research in subjects that are rel-
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1 evant to the protection and conservation of marine 

2 mammals, and the ecosystems upon which they de3 pend, including, but not limited to, the Bering/ 

4 Chukchi Sea ecosystem and the California coastal 

5 marine ecosystem. 

6 ‘‘(2) INCLUSION OF INFORMATION IN RE7 PORTS.—The Secretary shall include a description of 

8 the annual results of research carried out with as9 sistance under this section in the report required 

10 under section 103(f). 

11 ‘‘(3) CONTRIBUTIONS.—For purposes of car12 rying out this section, the Secretary may accept, so13 licit, receive, hold, administer, and use gifts, devises, 

14 and bequests.’’; and 

15 (2) by striking subsections (c) and (d) and in16 serting the following: 

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

18 carry out this section there is authorized to be appro19 priated to the Secretary $1,500,000 for each of fiscal 

20 years 2006 through 2010.’’. 

21 SEC. 10. FISHERIES GEAR DEVELOPMENT. 

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

23 (1) Subsection (a) is amended to read as fol24 lows: 

25 ‘‘(a) RESEARCH AND DEVELOPMENT PROGRAM.— 
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1 ‘‘(1) IN GENERAL.—The Secretary of Com2 merce (in this section referred to as the ‘Secretary’) 

3 shall— 

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

5 development for the purpose of devising im6 proved fishing methods and gear so as to re7 duce to the maximum extent practicable the in8 cidental taking of marine mammals in connec9 tion with fishing operations; and 

10 ‘‘(B) make every practicable effort to de11 velop, evaluate, and make available to owners 

12 and operators of fishing vessels such gear and 

13 fishing method improvements as quickly as pos14 sible. 

15 ‘‘(2) COORDINATION WITH OTHER COUN16 TRIES.—The Secretary may coordinate with other 

17 countries to foster gear technology transfer initia18 tives to reduce to the maximum extent practicable 

19 the incidental mortality and serious injury of marine 

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

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

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

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

24 of appropriations, the Secretary may establish a 

25 grant program to provide financial assistance for de-
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1 veloping, manufacturing, testing, or designing new 

2 types of fishing gear designed to reduce to the max3 imum extent practicable the incidental taking (in4 cluding incidental mortality and serious injury) of 

5 marine mammals. 

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

7 amount of a grant under this subsection may not ex8 ceed $20,000. 

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

10 grant under this section, an applicant must submit 

11 an application in such form and manner as the Sec12 retary may prescribe. 

13 ‘‘(4) CONSULTATION REGARDING CRITERIA.— 

14 The Secretary shall consult with the Secretary of the 

15 Interior and the Marine Mammal Commission re16 garding the development of criteria for the awarding 

17 of grants under this subsection. 

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

19 available each fiscal year to carry out this sub20 section, the Secretary may expend not more than 

21 $40,000 to pay the administrative expenses nec22 essary to carry out this subsection. 

23 ‘‘(6) CONTRIBUTIONS.—For purposes of car24 rying out this section, the Secretary may accept, so-
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1 licit, receive, hold, administer, and use gifts, devises, 

2 and bequests. 

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

4 carry out this section there is authorized to be appro5 priated to the Secretary $1,500,000 for each of fiscal 

6 years 2006 through 2010.’’. 

7 SEC. 11. TROPICAL TREATY CONFORMING AMENDMENT. 

8 Subsection (c) of the Dolphin Protection Consumer 

9 Information Act (16 U.S.C. 1385) is amended in para10 graph (2) by striking ‘‘160 degrees west longitude’’ and 

11 inserting ‘‘150 degrees west longitude’’. 

12 SEC. 12. TAKE REDUCTION PLANS. 

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

14 amended as follows: 

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

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

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

18 precedes subparagraph (B) and inserting the fol19 lowing: 

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

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

22 of the Marine Mammal Protection Act Amendments of 

23 2005— 

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

25 comment, for a period of not less than 90 days, any 
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1 necessary changes to the Secretary’s list of fisheries 

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

3 Register on August 24, 1994 (along with an expla4 nation of such changes and a statement describing 

5 the marine mammal stocks interacting with, and the 

6 approximate number of vessels or persons actively 

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

8 ‘‘(i) commercial and recreational fisheries 

9 that have frequent incidental mortality and seri10 ous injury of marine mammals; 

11 ‘‘(ii) commercial and recreational fisheries 

12 that have occasional incidental mortality and 

13 serious injury of marine mammals; or 

14 ‘‘(iii) commercial fisheries that have a re15 mote likelihood of or no known incidental mor16 tality or serious injury of marine mammals;’’. 

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

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

19 (4) In subsection (c)(2)(A) by striking ‘‘com20 mercial’’. 

21 (5) In subsection (c)(3)(A) in the matter pre22 ceding clause (i) by striking ‘‘a commercial fishery’’ 

23 and inserting ‘‘that fishery’’. 

24 (6) In subsection (c)(3)(E) by inserting ‘‘com25 mercial’’ after ‘‘any’’. 
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1 (7) In subsection (c)(5)(B) by striking ‘‘com2 mercial’’. 

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

4 subparagraph (A) by striking ‘‘commercial fishing 

5 operations’’ and inserting ‘‘fishing operations in a 

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

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

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

9 and inserting ‘‘fisheries listed under subsection 

10 (c)(1)(A)(i) or (ii)’’. 

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

12 (A) In the matter preceding subparagraph 

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

15 (c)(1)(A)(i) or (ii)’’. 

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

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

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

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

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

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

4 (c)(1)(A)(i) or (ii)’’. 

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

6 paragraph (1)— 

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

8 appears; and 

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

10 ‘‘this section’’. 

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

12 precedes paragraph (2) and inserting the following: 

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

14 shall develop and implement a take reduction plan de15 signed to assist in the recovery or prevent the depletion 

16 of each strategic stock which interacts with a fishery listed 

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

18 determines, after notice and opportunity for public com19 ment, that the level of fishery related mortality and seri20 ous injury is having a negligible impact on that stock. The 

21 Secretary may develop and implement a take reduction 

22 plan for any other marine mammal stocks which interact 

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

24 the Secretary determines, after notice and opportunity for 
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1 public comment, has a high level of mortality and serious 

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

3 (14) In subsection (f)(2)— 

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

5 ‘‘9 months’’; and 

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

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

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

12 (16) In subsection (f)(4)(B) by striking ‘‘com13 mercial fishing operations’’ and inserting ‘‘fishing 

14 operations in fisheries listed under subsection 

15 (c)(1)(A)(i) or (ii)’’. 

16 (17) In subsection (f)(5)— 

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

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

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

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

21 (18) In subsection (f)(6)(A)— 

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

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

2 fisheries’’ and inserting ‘‘fisheries listed under 

3 subsection (c)(1)(A)(i) or (ii)’’. 

4 (19) In subsection (f)(6)(C) in the second sen5 tence, by inserting before ‘‘, and others’’ the fol6 lowing: ‘‘, where appropriate a representative of the 

7 office of General Counsel of the National Oceanic 

8 and Atmospheric Administration, a representative of 

9 the National Marine Fisheries Service having re10 sponsibilities related to fisheries science, a represent11 ative of the National Marine Fisheries Service hav12 ing responsibilities related to law enforcement, and 

13 a representative of the appropriate National Marine 

14 Fisheries Service Regional Administrator’’. 

15 (20) In subsection (f)(7)— 

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

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

18 (B) in subparagraph (B)(i)— 

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

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

21 days’’; and 

22 (ii) by adding at the end the fol23 lowing: ‘‘Before publishing any plan that is 

24 different than the draft plan proposed by 

25 a take reduction team, the Secretary shall 
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1 reconvene the team and explain to the 

2 team the differences between the published 

3 plan and the draft plan proposed by the 

4 team.’’; and 

5 (C) in subparagraph (B)(ii)— 

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

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

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

10 months’’. 

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

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

13 90 days’’. 

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

16 (23) In subsection (f)(8)— 

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

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

19 than 180 days’’; and 

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

21 appears. 

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

23 (A) In subparagraph (A) by striking ‘‘com24 mercial fisheries or restrict commercial fish25 eries’’ and inserting ‘‘fisheries listed under sub-
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1 section (c)(1)(A)(i) or (ii) or restrict such fish2 eries’’. 

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

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

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

8 (c)(1)(A)(i) or (ii)’’. 

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

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

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

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

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

18 observer, research, and education and outreach pro19 grams,’’ after ‘‘For purposes of carrying out this 

20 section,’’. 

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

22 as follows: 

23 ‘‘(C) identify current fishery regulations and 

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

2 injury.’’. 

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

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

5 regional fishery management plans.’’. 

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

7 as follows: 

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

9 stock assessment published under section 117(b), 

10 any substantial new information, a review of the 

11 conservation benefits from current State and re12 gional fishery management regulations;’’. 

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

14 amended— 

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

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

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

20 ‘‘(E) potential conservation benefits pro21 vided by State and regional fishery manage22 ment regulations;’’. 

23 (c) ZERO MORTALITY RATE GOAL AMENDMENTS.— 

24 Section 118 (16 U.S.C. 1387) is amended in subsections 
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1 (a)(1) and (b)(1) by striking ‘‘within 7 years after the date 

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

3 (d) CONFORMING AMENDMENT.—Section 

4 101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E)) is amended by 

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

6 it appears. 

7 SEC. 13. PINNIPED RESEARCH. 

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

9 at the end the following: 

10 ‘‘(k) RESEARCH ON NONLETHAL REMOVAL AND

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

12 the nonlethal removal and control of nuisance pinnipeds. 

13 The research shall include a review of measures that have 

14 been taken to effect such removal and control, the effec15 tiveness of these measures, and the development of new 

16 technologies to deter nuisance pinnipeds. 

17 ‘‘(2) The Secretary shall include, among the individ18 uals that develop the research program under this sub19 section, representatives of the commercial and recreational 

20 fishing industries. 

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

22 to use independent marine mammal research institutions 

23 in developing and in conducting the research program. 

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

25 year, submit an annual report on the results of research 
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1 under this subsection to the Committee on Resources of 

2 the House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate. 

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

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

6 extent amounts are available to carry out this sub7 section, provide a grant to any eligible applicant to 

8 carry out a qualified nonlethal control project in ac9 cordance with this subsection. 

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

11 ‘‘(A) publish guidelines for and solicit ap12 plications for grants under this subsection not 

13 later than 6 months after the date of enactment 

14 of this subsection; and 

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

16 applications for grants under this subsection. 

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

18 applicant for purposes of paragraph (1), an appli19 cant must— 

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

21 interstate or regional agency; and 

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

23 and authority to carry out and monitor or 

24 maintain a nonlethal control of nuisance 

25 pinnipeds project. 
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1 ‘‘(4) QUALIFIED CONTROL PROJECT.—To be a 

2 qualified control project under this subsection, a 

3 project must— 

4 ‘‘(A) by humane and nonlethal means, re5 move, deter, and control nuisance pinnipeds in 

6 areas where they are a recurrent and persistent 

7 threat to public health and safety; and 

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

9 and outreach on project activities in the af10 fected community. 

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

12 this subsection shall be to provide funding for the 

13 Federal share of the cost of a project carried out 

14 with the grant for up to 2 fiscal years. 

15 ‘‘(6) REPORTING BY GRANTEE.— 

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

17 out a control project with a grant under this 

18 subsection shall report to the Secretary at the 

19 expiration of the grant. 

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

21 under this subsection shall include specific in22 formation on the methods and techniques used 

23 to control nuisance pinniped species in the 

24 project area, and on the ensuing results. 

25 ‘‘(7) COST SHARING.— 
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1 ‘‘(A) FEDERAL SHARE.—Except as pro2 vided in paragraphs (2) and (3), the Federal 

3 share of the cost of a project carried out with 

4 a grant under this subsection shall not exceed 

5 75 percent of such cost. 

6 ‘‘(B) APPLICATION OF IN-KIND CONTRIBU7 TIONS.—The Secretary may apply to the non8 Federal share of costs of a control project car9 ried out with a grant under this subsection the 

10 fair market value of services or any other form 

11 of in-kind contribution to the project made by 

12 non-Federal interests that the Secretary deter13 mines to be an appropriate contribution equiva14 lent to the monetary amount required for the 

15 non-Federal share of the activity. 

16 ‘‘(C) DERIVATION OF NON-FEDERAL

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

18 a control project carried out with a grant under 

19 this subsection may not be derived from a Fed20 eral grant program or other Federal funds. 

21 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the Sec23 retary $1,500,000 for each of fiscal years 2006 

24 through 2010. 
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1 ‘‘(9) CLARIFICATION.—Nothing in this sub2 section shall be interpreted as suspending or waiving 

3 any requirement under any other provision of this 

4 Act.’’. 

5 SEC. 14. MARINE MAMMAL COMMISSION. 

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

7 U.S.C. 1406(5)) is amended by striking ‘‘; except that no 

8 fewer than 11 employees must be employed under para9 graph (1) at any time’’. 

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

11 1406) is amended— 

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

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

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

15 and all that follows through the end of that sen16 tence. 

17 SEC. 15. STRANDING AND ENTANGLEMENT RESPONSE. 

18 (a) COLLECTION AND UPDATING OF INFORMA19 TION.—Section 402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) 

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

21 (b) ENTANGLEMENT RESPONSE AGREEMENTS.— 

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

23 1421b) is amended— 

24 (A) by amending the section heading to 

25 read as follows: 
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1 ‘‘SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 

2 AGREEMENTS.’’; and 

3 (B) in subsection (a) by inserting ‘‘or en4 tanglement’’ before the period. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents at the end of the first section is amended by 

7 striking the item relating to section 403 and insert8 ing the following: 

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

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

10 is amended by inserting ‘‘or entanglement’’ after ‘‘strand11 ing’’. 

12 (d) ENTANGLEMENT DEFINED.— 

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

14 1421h) is amended— 

15 (A) by redesignating paragraphs (1) 

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

17 (7); and 

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

19 so redesignated) the following: 

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

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

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

23 around or attached to it and is— 

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

25 States; or 
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1 ‘‘(B) in waters under the jurisdiction of 

2 the United States.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 408(a)(2)(B)(i) (16 U.S.C. 1421f–1(a)(2)(B)(i)) is 

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

6 ‘‘section 410(7)’’. 

7 (e) JOHN H. PRESCOTT MARINE MAMMAL RESCUE

8 ASSISTANCE GRANT PROGRAM.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS FOR

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

11 1421f–1(h)) is amended— 

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

13 fiscal years 2001 through 2003’’ and inserting 

14 ‘‘$7,000,000 for each of fiscal years 2006 

15 through 2010’’; and 

16 (B) in paragraph (1) by striking 

17 ‘‘$4,000,000’’ and inserting ‘‘$6,000,000’’ . 

18 (2) ADMINISTRATIVE COSTS AND EXPENSES.— 

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

20 (A) by adding at the end of subsection 

21 (a)(1) the following: ‘‘All funds available to im22 plement this section shall be distributed to eligi23 ble stranding network participants for the pur24 poses set forth in this paragraph and paragraph 

25 (2), except as provided in subsection (f).’’; and 
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1 (B) by amending subsection (f) to read as 

2 follows: 

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

4 the amounts available each fiscal year to carry out this 

5 section, the Secretary may expend not more than 5 per6 cent or $80,000, whichever is greater, to pay the adminis7 trative costs and administrative expenses to implement the 

8 grant program under subsection (a). Any such funds re9 tained by the Secretary for a fiscal year for such costs 

10 and expenses that are not used for such costs and ex11 penses before the end of the fiscal year shall be provided 

12 as grants under subsection (a).’’. 

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

14 U.S.C. 1421f–1) is amended— 

15 (A) in subsection (a) by redesignating 

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

17 (4), respectively, and by inserting after para18 graph (1) the following: 

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

20 Secretary may also enter into cooperative agreements, con21 tracts, or such other agreements or arrangements as the 

22 Secretary considers appropriate to address stranding 

23 events requiring emergency assistance.’’; 
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1 (B) in subsection (d) by inserting ‘‘(1)’’ 

2 before the first sentence, and by adding at the 

3 end the following: 

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

5 not be subject to the funding limit established in para6 graph (1).’’; 

7 (C) in subsection (e)— 

8 (i) in paragraph (1) by striking ‘‘The 

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

10 provided in paragraph (2), the non-Fed11 eral’’; 

12 (ii) by redesignating paragraph (2) as 

13 paragraph (3); and 

14 (iii) by inserting after paragraph (1) 

15 the following: 

16 ‘‘(2) EMERGENCY ASSISTANCE.—No non-Fed17 eral contribution shall be required for funding for a 

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

19 (D) in subsection (g) by redesignating 

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

21 after paragraph (1) the following: 

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

23 ‘emergency assistance’ means assistance provided for 

24 a stranding event that— 
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1 ‘‘(A) is not an unusual mortality event as 

2 defined in section 409(6); 

3 ‘‘(B) leads to an immediate increase in re4 quired costs for stranding response, recovery, or 

5 rehabilitation in excess of regularly scheduled 

6 costs; 

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

8 ‘‘(D) may involve out-of-habitat animals.’’. 

9 (4) CONTRIBUTIONS.—Section 408 (16 U.S.C. 

10 1421f–1) is amended by adding at the end the fol11 lowing: 

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

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

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

15 (f) AUTHORIZATION OF APPROPRIATIONS FOR MA16 RINE MAMMAL UNUSUAL MORTALITY EVENT FUND.— 

17 Section 409(3) (16 U.S.C. 1421g(3)) is amended by strik18 ing ‘‘$500,000 for fiscal year 1993’’ and inserting 

19 ‘‘$125,000 for each of fiscal years 2006 through 2010’’. 

20 SEC. 16. SCRIMSHAW EXEMPTION. 

21 Any valid certificate of exemption referred to in sec22 tion 18 of Public Law 103–238 (16 U.S.C. 1539 note) 

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

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

25 1999. 
Union Calendar No. 112 

109TH CONGRESS 

1ST SESSION H. R. 2130 

[Report No. 109–180] 

A BILL 

To amend the Marine Mammal Protection Act of 

for other purposes. understand and protect marine mammals, and 1972 to authorize research programs to better 

JULY 21, 2005 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed