IB 

Union Calendar No. 481

108TH CONGRESS 

2D SESSION H. R. 5104

[Report No. 108–787] 

To amend the Marine Mammal Protection Act of 1972 to authorize appropriations for the John H. Prescott Marine Mammal Rescue Assistance Grant 

Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2004

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

Committee on Resources 

NOVEMBER 19, 2004

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 appropriations for the John H. Prescott Marine Mammal Rescue Assistance Grant Program, 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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Prescott Marine Mam3 mal Stranding Program Amendments of 2004’’. 

4 SEC. 2. AMENDMENT REFERENCES. 

5 Except as otherwise expressly provided, whenever in 

6 this Act an amendment or repeal is expressed in terms 

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to such 

9 section or other provision of the Marine Mammal Protec10 tion Act of 1972 (16 U.S.C. 1361 et seq.). 

11 SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS FOR JOHN 

12 H. PRESCOTT MARINE MAMMAL RESCUE AS13 SISTANCE GRANT PROGRAM. 

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

15 1421f–1(h)) is amended by striking ‘‘fiscal years 2001 

16 through 2003’’ and inserting ‘‘fiscal years 2005 through 

17 2009’’. 

18 (b) MARINE MAMMAL UNUSUAL MORTALITY EVENT

19 FUND.—Section 409(3) (16 U.S.C. 1421g(3)) is amended 

20 by striking ‘‘$500,000 for fiscal year 1993’’ and inserting 

21 ‘‘$125,000 for each of fiscal years 2005 through 2009’’. 

22 (c) ADMINISTRATIVE COSTS AND EXPENSES.—Sec23 tion 408 (16 U.S.C. 1421f–1) is amended—

24 (1) by adding at the end of subsection (a)(1) 

25 the following: ‘‘All funds available to implement this 

26 section shall be distributed to eligible stranding net-
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1 work participants for the purposes set forth in this 

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

3 and 

4 (2) by amending subsection (f) to read as fol5 lows: 

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

7 the amounts available each fiscal year to carry out this 

8 section, the Secretary may expend not more than 6 per9 cent or $80,000, whichever is greater, to pay the adminis10 trative costs and administrative expenses to implement the 

11 grant program under subsection (a). Any such funds re12 tained by the Secretary for a fiscal year for such costs 

13 and expenses that are not used for such costs and ex14 penses before the end of the fiscal year shall be provided 

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

16 (d) CONTRIBUTIONS.—Section 408 (16 U.S.C. 

17 1421f–1) is further amended by adding at the end the fol18 lowing: 

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

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

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

22 SEC. 4. TECHNICAL CORRECTIONS. 

23 (a) COMMITTEE REFERENCES.—The Marine Mam24 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 

25 amended by striking ‘‘Committee on Merchant Marine and 
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1 Fisheries’’ each place it appears and inserting ‘‘Committee 

2 on Resources’’. 

3 (b) OBSOLETE REFERENCE TO SECTION.—Section 

4 118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended 

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

6 ‘‘is valid’’. 

7 SEC. 5. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 

8 PRODUCTS. 

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

10 1371(a)(6)) is amended by redesignating subparagraph 

11 (B) as subparagraph (C), and by inserting after subpara12 graph (A) the following: 

13 ‘‘(B) A marine mammal product may be ex14 ported from the United States if the product—

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

16 a citizen of the United States for noncommer17 cial purposes in conjunction with travel outside 

18 the United States and the product is imported 

19 into the United States by the same person upon 

20 the termination of travel; 

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

22 a person that is not a citizen of the United 

23 States for noncommercial purposes; 
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1 ‘‘(iii) is legally possessed and exported as 

2 part of a cultural exchange, by an Indian, 

3 Aleut, or Eskimo residing in Alaska; or 

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

5 Russia, Canada, or Greenland and is exported 

6 for noncommercial purposes—

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

8 completion of, travel within the United 

9 States; or 

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

11 with an Indian, Aleut, or Eskimo residing 

12 in Alaska.’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is amended 

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

16 States’’ the first place it appears. 

17 SEC. 6. TAKE REDUCTION PLANS. 

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

19 amended as follows: 

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

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

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

23 precedes subparagraph (B) and inserting the fol24 lowing: 
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1 ‘‘(c) REGISTRATION AND AUTHORIZATION.—(1) The 

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

3 of the Marine Mammal Protection Act Amendments of 

4 2004—

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

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

7 necessary changes to the Secretary’s list of fisheries 

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

9 Register on August 24, 1994 (along with an expla10 nation of such changes and a statement describing 

11 the marine mammal stocks interacting with, and the 

12 approximate number of vessels or persons actively 

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

14 ‘‘(i) commercial and recreational fisheries 

15 that have frequent incidental mortality and seri16 ous injury of marine mammals; 

17 ‘‘(ii) commercial and recreational fisheries 

18 that have occasional incidental mortality and 

19 serious injury of marine mammals; or 

20 ‘‘(iii) commercial fisheries that have a re21 mote likelihood of or no known incidental mor22 tality or serious injury of marine mammals;’’. 

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

24 and (C) by striking ‘‘commercial’’. 
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1 (4) In subsection (c)(2)(A) by striking ‘‘com2 mercial’’. 

3 (5) In subsection (c)(3)(A) in the matter pre4 ceding clause (i) by striking ‘‘a commercial fishery’’ 

5 and inserting ‘‘that fishery’’. 

6 (6) In subsection (c)(3)(E) by inserting ‘‘com7 mercial’’ after ‘‘any’’. 

8 (7) In subsection (c)(5)(B) by striking ‘‘com9 mercial’’. 

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

11 subparagraph (A) by striking ‘‘commercial fishing 

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

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

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

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

16 and inserting ‘‘fisheries listed under subsection 

17 (c)(1)(A)(i) or (ii)’’. 

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

19 (A) In the matter preceding subparagraph 

20 (A) by striking ‘‘commercial fisheries’’ and in21 serting ‘‘fisheries listed under subsection 

22 (c)(1)(A)(i) or (ii)’’. 

23 (B) In subparagraph (A) by striking ‘‘com24 mercial fisheries’’ and inserting ‘‘fisheries listed 

25 under subsection (c)(1)(A)(i) or (ii)’’. 
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1 (C) In subparagraph (B) by striking ‘‘com2 mercial fisheries’’ and inserting ‘‘fisheries listed 

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

4 (D) In subparagraph (C) by striking ‘‘com5 mercial fisheries’’ and inserting ‘‘fisheries listed 

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

7 (11) In subsection (d)(5) by striking ‘‘commer8 cial fishing operations’’ and inserting ‘‘fishing oper9 ations in fisheries listed under subsection 

10 (c)(1)(A)(i) or (ii)’’. 

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

12 paragraph (1)—

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

14 appears; and 

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

16 ‘‘this section’’. 

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

18 precedes paragraph (2) and inserting the following: 

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

20 shall develop and implement a take reduction plan de21 signed to assist in the recovery or prevent the depletion 

22 of each strategic stock which interacts with a fishery listed 

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

24 determines, after notice and opportunity for public com25 ment, that the level of fishery related mortality and seri-
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1 ous injury is having a negligible impact on that stock. The 

2 Secretary may develop and implement a take reduction 

3 plan for any other marine mammal stocks which interact 

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

5 the Secretary determines, after notice and opportunity for 

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

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

8 (14) In subsection (f)(2)—

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

10 ‘‘9 months’’; and 

11 (B) by striking ‘‘commercial fishing oper12 ations’’ each place it appears and inserting 

13 ‘‘fishing operations in fisheries listed under sub14 section (c)(1)(A)(i) or (ii)’’. 

15 (15) In subsection (f)(3) by striking ‘‘commer16 cial’’. 

17 (16) In subsection (f)(4)(B) by striking ‘‘com18 mercial fishing operations’’ and inserting ‘‘fishing 

19 operations in fisheries listed under subsection 

20 (c)(1)(A)(i) or (ii)’’. 

21 (17) In subsection (f)(5)—

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

23 months’’ and inserting ‘‘9 months’’; and 

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

25 striking ‘‘commercial’’ each place it appears. 
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1 (18) In subsection (f)(6)(A)—

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

3 and 

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

5 fisheries’’ and inserting ‘‘fisheries listed under 

6 subsection (c)(1)(A)(i) or (ii)’’. 

7 (19) In subsection (f)(6)(C) in the second sen8 tence, by inserting before ‘‘, and others’’ the fol9 lowing: ‘‘, where appropriate a representative of the 

10 office of General Counsel of the National Oceanic 

11 and Atmospheric Administration, a representative of 

12 the National Marine Fisheries Service having re13 sponsibilities related to fisheries science, a represent14 ative of the National Marine Fisheries Service hav15 ing responsibilities related to law enforcement, and 

16 a representative of the appropriate National Marine 

17 Fisheries Service Regional Administrator’’. 

18 (20) In subsection (f)(7)—

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

20 months’’ and inserting ‘‘9 months’’; 

21 (B) in subparagraph (B)(i)—

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

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

24 days’’; and 
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1 (ii) by adding at the end the fol2 lowing: ‘‘Before publishing any plan that is 

3 different than the draft plan proposed by 

4 a take reduction team, the Secretary shall 

5 reconvene the team and explain to the 

6 team the differences between the published 

7 plan and the draft plan proposed by the 

8 team.’’; and 

9 (C) in subparagraph (B)(ii)—

10 (i) by striking ‘‘6 months’’ and insert11 ing ‘‘9 months’’; and 

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

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

14 months’’. 

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

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

17 90 days’’. 

18 (22) In subsection (f)(7)(D) by striking ‘‘com19 mercial’’. 

20 (23) In subsection (f)(8)—

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

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

23 than 180 days’’; and 

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

25 appears. 
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1 (24) In subsection (f)(9) as follows: 

2 (A) In subparagraph (A) by striking ‘‘com3 mercial fisheries or restrict commercial fish4 eries’’ and inserting ‘‘fisheries listed under sub5 section (c)(1)(A)(i) or (ii) or restrict such fish6 eries’’. 

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

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

9 (C) In subparagraph (D) by striking ‘‘com10 mercial fishing operations’’ and inserting ‘‘par11 ticipation in a fishery listed under subsection 

12 (c)(1)(A)(i) or (ii)’’. 

13 (25) In subsection (g)(1) by striking ‘‘commer14 cial fisheries’’ and inserting ‘‘fisheries listed under 

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

16 (26) In subsection (g)(3)(B) by striking ‘‘com17 mercial’’. 

18 (27) In subsection (g)(4) by striking ‘‘commer19 cial fishery’’ and inserting ‘‘fishery listed under sub20 section (c)(1)(A)(i) or (ii)’’. 

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

22 observer, research, and education and outreach pro23 grams,’’ after ‘‘For purposes of carrying out this 

24 section,’’. 
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1 (29) By amending subsection (d)(1)(C) to read 

2 as follows: 

3 ‘‘(C) identify current fishery regulations and 

4 changes in fishing methods or technology that may 

5 increase or decrease incidental mortality and serious 

6 injury.’’. 

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

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

9 regional fishery management plans.’’. 

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

11 as follows: 

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

13 stock assessment published under section 117(b), 

14 any substantial new information, a review of the 

15 conservation benefits from current State and re16 gional fishery management regulations;’’. 

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

18 amended—

19 (1) by striking ‘‘and’’ at the end of subpara20 graph (C); 

21 (2) by inserting ‘‘and’’ at the end of subpara22 graph (D); and 

23 (3) by adding at the end the following: 
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1 ‘‘(E) potential conservation benefits pro2 vided by State and regional fishery manage3 ment regulations;’’. 

4 (c) ZERO MORTALITY RATE GOAL AMENDMENTS.—

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

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

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

8 (d) CONFORMING AMENDMENT.—Section 

9 101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E)) is amended by 

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

11 it appears. 

12 SEC. 7. PINNIPED RESEARCH. 

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

14 at the end the following: 

15 ‘‘(k) RESEARCH ON NONLETHAL REMOVAL AND

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

17 the nonlethal removal and control of nuisance pinnipeds. 

18 The research shall include a review of measures that have 

19 been taken to effect such removal and control, the effec20 tiveness of these measures, and the development of new 

21 technologies to deter nuisance pinnipeds. 

22 ‘‘(2) The Secretary shall include, among the individ23 uals that develop the research program under this sub24 section, representatives of the commercial and recreational 

25 fishing industries. 
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1 ‘‘(3) The Secretary is encouraged, where appropriate, 

2 to use independent marine mammal research institutions 

3 in developing and in conducting the research program. 

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

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

6 under this subsection to the Committee on Resources of 

7 the House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate. 

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

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

11 extent amounts are available to carry out this sub12 section, provide a grant to any eligible applicant to 

13 carry out a qualified nonlethal control project in ac14 cordance with this subsection. 

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

16 ‘‘(A) publish guidelines for and solicit ap17 plications for grants under this subsection not 

18 later than 6 months after the date of enactment 

19 of this subsection; and 

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

21 applications for grants under this subsection. 

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

23 applicant for purposes of paragraph (1), an appli24 cant must—
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1 ‘‘(A) be a State, local government, or 

2 interstate or regional agency; and 

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

4 and authority to carry out and monitor or 

5 maintain a nonlethal control of nuisance 

6 pinnipeds project. 

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

8 qualified control project under this subsection, a 

9 project must—

10 ‘‘(A) by humane and nonlethal means, re11 move, deter, and control nuisance pinnipeds in 

12 areas where they are a recurrent and persistent 

13 threat to public health and safety; and 

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

15 and outreach on project activities in the af16 fected community. 

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

18 this subsection shall be to provide funding for the 

19 Federal share of the cost of a project carried out 

20 with the grant for up to 2 fiscal years. 

21 ‘‘(6) REPORTING BY GRANTEE.—

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

23 out a control project with a grant under this 

24 subsection shall report to the Secretary at the 

25 expiration of the grant. 
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1 ‘‘(B) REPORT CONTENTS.—Each report 

2 under this subsection shall include specific in3 formation on the methods and techniques used 

4 to control nuisance pinniped species in the 

5 project area, and on the ensuing results. 

6 ‘‘(7) COST SHARING.—

7 ‘‘(A) FEDERAL SHARE.—Except as pro8 vided in paragraphs (2) and (3), the Federal 

9 share of the cost of a project carried out with 

10 a grant under this subsection shall not exceed 

11 75 percent of such cost. 

12 ‘‘(B) APPLICATION OF IN-KIND CONTRIBU13 TIONS.—The Secretary may apply to the non14 Federal share of costs of a control project car15 ried out with a grant under this subsection the 

16 fair market value of services or any other form 

17 of in-kind contribution to the project made by 

18 non-Federal interests that the Secretary deter19 mines to be an appropriate contribution equiva20 lent to the monetary amount required for the 

21 non-Federal share of the activity. 

22 ‘‘(C) DERIVATION OF NON-FEDERAL

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

24 a control project carried out with a grant under 
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1 this subsection may not be derived from a Fed2 eral grant program or other Federal funds. 

3 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to the Sec5 retary $1,500,000 for each of fiscal years 2005 

6 through 2009. 

7 ‘‘(9) CLARIFICATION.—Nothing in this sub8 section shall be interpreted as suspending or waiving 

9 any requirement under any other provision of this 

10 Act.’’. 

11 SEC. 8. MARINE MAMMAL COMMISSION. 

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

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

14 fewer than 11 employees must be employed under para15 graph (1) at any time’’. 

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

17 1406) is amended—

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

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

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

21 and all that follows through the end of that sen22 tence. 

23 SEC. 9. SCRIMSHAW EXEMPTION. 

24 Any valid certificate of exemption referred to in sec25 tion 18 of Public Law 103–238 (16 U.S.C. 1539 note) 
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1 that was valid under that section on April 29, 1999, shall 

2 be valid during the 10-year period beginning October 31, 

3 1999. 

4 SEC. 10. CAPTIVE RELEASE PROHIBITION. 

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

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

7 104(c); and’’ and inserting ‘‘section 104(c);’’; 

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

9 inserting ‘‘; and’’; and 

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

11 ‘‘(6) for any person that is subject to the juris12 diction of the United States to release any captive 

13 marine mammal unless specifically authorized to do 

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

15 109(h), except that this paragraph shall not apply to 

16 the temporary release of any marine mammal that 

17 is—

18 ‘‘(A) maintained in captivity under section 

19 7524 of title 10, United States Code (including 

20 any progeny of a marine mammal maintained 

21 under that section); or 

22 ‘‘(B) the progeny of a marine mammal ex23 cluded from coverage under this Act by section 

24 102(e).’’. 
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1 SEC. 11. TROPICAL TREATY CONFORMING AMENDMENT. 

2 Subsection (c) of the Dolphin Protection Consumer 

3 Information Act (16 U.S.C. 1385) is amended in para4 graph (2) by striking ‘‘160 degrees west longitude’’ and 

5 inserting ‘‘150 degrees west longitude’’. 

6 SEC. 12. 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 receiv26 ing facility meets standards that are com-
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1 parable to the requirements that a person 

2 must meet to receive a permit under this 

3 subsection for that purpose. 

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

5 through comity or any other means, that any marine 

6 mammal or its progeny remain subject to the juris7 diction of the United States when located in waters 

8 or on lands that are subject to the jurisdiction of an9 other country.’’. 

10 (3) Subsection (c)(10) is amended—

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

12 within the lands and waters of the United 

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

14 appears; 

15 (B) by inserting after the first sentence 

16 the following: ‘‘The Secretary shall update the 

17 inventory on an annual basis.’’; and 

18 (C) in subparagraph (D) by inserting 

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

20 (b) REVIEW AND REPORT REGARDING INVEN21 TORY.—

22 (1) REVIEW.—The Secretaries of Commerce 

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

24 after date of the enactment of this Act, jointly con25 duct a review of the inventory maintained under sec-
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1 tion 104(c)(10) of the Marine Mammal Protection 

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

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

4 and issues associated with the development of an on5 line inventory. 

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

7 the Secretary shall consult and solicit input from 

8 persons who are required to provide information for 

9 the inventory. 

10 (3) REPORT.—The Secretary shall submit a re11 port to Committee on Resources of the House of 

12 Representatives and the Committee on Commerce, 

13 Science and Transportation of the Senate on the 

14 findings of the review under this subsection. The re15 port shall include the following: 

16 (A) Recommendations on whether the in17 ventory should be maintained by the Secretary 

18 or by another person under contract. 

19 (B) How the Secretary would oversee 

20 maintenance of the inventory carried out under 

21 contract. 

22 (C) How public access and access by Fed23 eral agencies to the inventory can be main24 tained if the inventory is maintained under con25 tract. 
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1 (D) How the Secretary can minimize dupli2 cation on the information the Secretary receives 

3 from public display facilities and reduce the 

4 paper work burden on those facilities. 

5 (E) An estimate of the cost of maintaining 

6 the inventory. 

7 (F) A description of how the Secretary will 

8 ensure the secure maintenance of the data in 

9 the inventory. 

10 (G) An analysis of the potential that online 

11 availability of the information in the inventory 

12 could adversely affect the safety of the animals. 

13 SEC. 13. FISHERIES GEAR DEVELOPMENT. 

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

15 (1) Subsection (a) is amended to read as fol16 lows: 

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

18 ‘‘(1) IN GENERAL.—The Secretary of Com19 merce (in this section referred to as the ‘Secretary’) 

20 shall—

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

22 development for the purpose of devising im23 proved fishing methods and gear so as to re24 duce to the maximum extent practicable the in-
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1 cidental taking of marine mammals in connec2 tion with fishing operations; and 

3 ‘‘(B) make every practicable effort to de4 velop, evaluate, and make available to owners 

5 and operators of fishing vessels such gear and 

6 fishing method improvements as quickly as pos7 sible. 

8 ‘‘(2) COORDINATION WITH OTHER COUN9 TRIES.—The Secretary may coordinate with other 

10 countries to foster gear technology transfer initia11 tives to reduce to the maximum extent practicable 

12 the incidental mortality and serious injury of marine 

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

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

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

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

17 of appropriations, the Secretary may establish a 

18 grant program to provide financial assistance for de19 veloping, manufacturing, testing, or designing new 

20 types of fishing gear designed to reduce to the max21 imum extent practicable the incidental taking (in22 cluding incidental mortality and serious injury) of 

23 marine mammals. 
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1 ‘‘(2) GRANT AMOUNT AND PURPOSES.—The 

2 amount of a grant under this subsection may not ex3 ceed $20,000. 

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

5 grant under this section, an applicant must submit 

6 an application in such form and manner as the Sec7 retary may prescribe. 

8 ‘‘(4) CONSULTATION REGARDING CRITERIA.—

9 The Secretary shall consult with the Secretary of the 

10 Interior and the Marine Mammal Commission re11 garding the development of criteria for the awarding 

12 of grants under this subsection. 

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

14 available each fiscal year to carry out this sub15 section, the Secretary may expend not more than 

16 $40,000 to pay the administrative expenses nec17 essary to carry out this subsection. 

18 ‘‘(6) CONTRIBUTIONS.—For purposes of car19 rying out this section, the Secretary may accept, so20 licit, receive, hold, administer, and use gifts, devises, 

21 and bequests. 

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

23 carry out this section there is authorized to be appro24 priated to the Secretary $1,500,000 for each of fiscal 

25 years 2005 through 2009.’’. 
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1 SEC. 14. MARINE MAMMAL RESEARCH GRANTS. 

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

3 (1) by amending subsection (a) to read as fol4 lows: 

5 ‘‘(a) AUTHORIZATION OF ASSISTANCE; ANNUAL RE6 PORT.—

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

8 Secretary may make grants, or provide financial as9 sistance in such other form as the Secretary con10 siders appropriate, to any Federal or State agency, 

11 public or private institution, or other person for the 

12 purpose of assisting such agency, institution, or per13 son to undertake research in subjects that are rel14 evant to the protection and conservation of marine 

15 mammals, and the ecosystems upon which they de16 pend, including, but not limited to, the Bering/

17 Chukchi Sea ecosystem and the California coastal 

18 marine ecosystem. 

19 ‘‘(2) INCLUSION OF INFORMATION IN RE20 PORTS.—The Secretary shall include a description of 

21 the annual results of research carried out with as22 sistance under this section in the report required 

23 under section 103(f). 

24 ‘‘(3) CONTRIBUTIONS.—For purposes of car25 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.’’; and 

3 (2) by striking subsections (c) and (d) and in4 serting the following: 

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

6 carry out this section there is authorized to be appro7 priated to the Secretary $1,500,000 for each of fiscal 

8 years 2005 through 2009.’’. 

9 SEC. 15. FINES AND PENALTIES. 

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

11 105 (16 U.S.C. 1375) is amended—

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

13 and inserting ‘‘$20,000’’; and 

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

15 inserting ‘‘$30,000’’. 

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

17 1376(b)) is amended by striking ‘‘$25,000’’ and inserting 

18 ‘‘$35,000’’. 

19 SEC. 16. COOPERATIVE AGREEMENTS IN ALASKA. 

20 (a) DEFINITION OF DEPLETION AND DEPLETED.—

21 Section 3(1)(A) (16 U.S.C. 1362(1)(A)) is amended by 

22 striking ‘‘of this Act,’’ and inserting ‘‘and, for any stock 

23 subject to a cooperative management agreement with a 

24 harvest management plan entered into under section 119, 
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1 those Alaska Native organizations that are signatories to 

2 such an agreement,’’. 

3 (b) EXEMPTION OF TAKINGS FOR SUBSISTENCE OR

4 AUTHENTIC NATIVE ARTICLES.—Section 101(b) (16 

5 U.S.C. 1371) is amended by striking ‘‘section 109’’ and 

6 inserting ‘‘sections 109 and 119(c) and (d)’’. 

7 (c) USE OF ALASKA NATIVE ORGANIZATIONS FOR

8 ENFORCEMENT.—Section 107(a) (16 U.S.C. 1377(a)) is 

9 amended by inserting ‘‘, or of an Alaska Native organiza10 tion for purposes of enforcing this title pursuant to a har11 vest management plan with the organization under section 

12 119’’ after ‘‘Federal agency’’. 

13 (d) MARINE MAMMAL COMANAGEMENT AGREE14 MENTS IN ALASKA.—Section 119 (16 U.S.C. 1388) is 

15 amended—

16 (1) by striking subsections (a), (b), and (d); 

17 (2) by redesignating subsection (c) as sub18 section (j); and 

19 (3) by inserting before subsection (j) (as so re20 designated) the following: 

21 ‘‘(a) IN GENERAL.—The Secretary may enter into co22 operative management agreements with Alaska Native or23 ganizations to conserve and manage any stock of marine 

24 mammals and provide comanagement of subsistence use 

25 by Alaska Natives. Such agreements may include a har-
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1 vest management plan governing Alaska Native subsist2 ence use for those stocks or species covered by the cooper3 ative management agreement. 

4 ‘‘(b) MANAGEMENT PLAN REQUIREMENTS.—A har5 vest management plan under this section with an Alaska 

6 Native organization shall—

7 ‘‘(1) apply only to Alaska Natives, as defined in 

8 section 101(b); 

9 ‘‘(2) identify the signatories to the plan, and 

10 the stock or species and geographic area covered by 

11 the plan; 

12 ‘‘(3) be based on biological information and tra13 ditional ecological knowledge; 

14 ‘‘(4) provide for a sustainable harvest of each 

15 stock or species covered by the plan, and is designed 

16 to prevent populations of such stocks and species 

17 from becoming depleted; 

18 ‘‘(5) have a clearly defined process and author19 ity for enforcement and implementation of any man20 agement prescriptions under the plan; and 

21 ‘‘(6) specify the duration of the plan and set 

22 forth procedures for periodic review and termination 

23 of the plan. 

24 ‘‘(c) IMPLEMENTING REGULATIONS AND ORDI25 NANCES.—
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1 ‘‘(1) IN GENERAL.—An Alaska Native organiza2 tion may adopt regulations and ordinances that 

3 apply to Alaska Natives exclusively and that are con4 sistent with, and necessary to implement and en5 force, a harvest management plan entered into by 

6 the organization under this section. 

7 ‘‘(2) DEPLETED STOCKS.—A regulation or ordi8 nance adopted pursuant to this subsection for a de9 pleted stock shall apply only to the extent the regu10 lation or ordinance is consistent with regulations 

11 issued by the Secretary under sections 101(b) and 

12 103 that apply to such stock. 

13 ‘‘(d) PROHIBITION.—It is unlawful for any Alaska 

14 Native within the geographic area to which a harvest man15 agement plan under this section applies, to take, trans16 port, sell, or possess a marine mammal in violation of any 

17 regulation or ordinance adopted by an Alaska Native orga18 nization to implement and enforce a harvest management 

19 plan. 

20 ‘‘(e) GRANTS.—Agreements entered into under this 

21 section may include a grant to Alaska Native organiza22 tions for, among other purposes—

23 ‘‘(1) collecting and analyzing data on marine 

24 mammal populations; 
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1 ‘‘(2) monitoring the harvest of marine mam2 mals for subsistence and handicraft uses; 

3 ‘‘(3) participating in marine mammal research 

4 conducted by the Federal Government, the State of 

5 Alaska, academic institutions, and private organiza6 tions; and 

7 ‘‘(4) developing marine mammal comanagement 

8 structures with Federal and State agencies, and im9 plementing, and enforcing any harvest management 

10 plan included in the agreement. 

11 ‘‘(f) OPPORTUNITY FOR ADVANCE NOTICE AND COM12 MENT REGARDING PROPOSED REGULATIONS.—Before 

13 proposing any regulation under section 101(b) relating to 

14 the taking of a stock of marine mammals that is the sub15 ject of a harvest management plan under this section, the 

16 Secretary shall—

17 ‘‘(1) solicit recommendations for such proposed 

18 regulation from each Alaska Native organization en19 gaged in harvest management of the species or stock 

20 pursuant to this section; and 

21 ‘‘(2) provide to each such organization—

22 ‘‘(A) each draft of the proposed regulation; 

23 ‘‘(B) an analysis of how the proposed regu24 lation would achieve the goal of being the least 
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1 restrictive measures upon subsistence use of the 

2 stock and the conservation goals of the Act; and 

3 ‘‘(C) an opportunity to comment on the 

4 proposed regulation prior to publication of any 

5 proposed regulations in the Federal Register. 

6 ‘‘(g) PUBLIC NOTICE.—The Secretary shall publish 

7 each harvest management plan entered into under this 

8 section. 

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for the purposes of car11 rying out this section—

12 ‘‘(1) to the Secretary of the Interior, 

13 $3,000,000 for each of fiscal years 2005 through 

14 2009; and 

15 ‘‘(2) to the Secretary of Commerce, $3,000,000 

16 for each of fiscal years 2005 through 2009. 

17 ‘‘(i) FACA EXEMPTION.—The Federal Advisory 

18 Committee Act (5 App. U.S.C.) shall not apply with re19 spect to the provision of any advice or recommendations 

20 to the Secretary by any Alaska Native organization (in21 cluding any scientific review group associated with such 

22 an organization), or the obtaining of any advice or rec23 ommendations by the Secretary from such an organiza24 tion, for the purpose of formulation or implementation of 

25 a cooperative management agreement under this section.’’. 
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1 SEC. 17. ANNUAL REPORT REQUIREMENT. 

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

3 (1) in subsection (f) in the first sentence, by in4 serting ‘‘and notwithstanding Public Law 104–66,’’ 

5 after ‘‘thereafter’’; and 

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

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

8 and provides funds for research on marine mammals shall 

9 report annually to the Committee on Resources of the 

10 House of Representatives and the Committee on Com11 merce, Science, and Transportation of the Senate on fund12 ing provided and research conducted regarding marine 

13 mammals during the preceding year.’’. 
Union Calendar No. 481

108TH CONGRESS 

2D SESSION H. R. 5104

[Report No. 108–787] 

A BILL

To amend the Marine Mammal Protection Act of 

1972 to authorize appropriations for the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes. 

NOVEMBER 19, 2004

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed