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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5104 Reported in House (RH)]

                                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescott Marine Mammal Stranding 
Program Amendments of 2004''.

SEC. 2. AMENDMENT REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to such section or other provision of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS FOR JOHN H. PRESCOTT MARINE 
              MAMMAL RESCUE ASSISTANCE GRANT PROGRAM.

    (a) Grant Program.--Section 408(h) (16 U.S.C. 1421f-1(h)) is 
amended by striking ``fiscal years 2001 through 2003'' and inserting 
``fiscal years 2005 through 2009''.
    (b) Marine Mammal Unusual Mortality Event Fund.--Section 409(3) (16 
U.S.C. 1421g(3)) is amended by striking ``$500,000 for fiscal year 
1993'' and inserting ``$125,000 for each of fiscal years 2005 through 
2009''.
    (c) Administrative Costs and Expenses.--Section 408 (16 U.S.C. 
1421f-1) is amended--
            (1) by adding at the end of subsection (a)(1) the 
        following: ``All funds available to implement this section 
        shall be distributed to eligible stranding network participants 
        for the purposes set forth in this paragraph, except as 
        provided in subsection (f).''; and
            (2) by amending subsection (f) to read as follows:
    ``(f) Administrative Costs and Expenses.--Of the amounts available 
each fiscal year to carry out this section, the Secretary may expend 
not more than 6 percent or $80,000, whichever is greater, to pay the 
administrative costs and administrative expenses to implement the grant 
program under subsection (a). Any such funds retained by the Secretary 
for a fiscal year for such costs and expenses that are not used for 
such costs and expenses before the end of the fiscal year shall be 
provided as grants under subsection (a).''.
    (d) Contributions.--Section 408 (16 U.S.C. 1421f-1) is further 
amended by adding at the end the following:
    ``(i) Contributions.--For purposes of carrying out this section, 
the Secretary may solicit, accept, receive, hold, administer, and use 
gifts, devises, and bequests.''.

SEC. 4. TECHNICAL CORRECTIONS.

    (a) Committee References.--The Marine Mammal Protection Act of 1972 
(16 U.S.C. 1361 et seq.) is amended by striking ``Committee on Merchant 
Marine and Fisheries'' each place it appears and inserting ``Committee 
on Resources''.
    (b) Obsolete Reference to Section.--Section 118(c)(3)(A)(i) (16 
U.S.C. 1387(c)(3)(A)(i)) is amended by striking ``, except that'' and 
all that follows through ``is valid''.

SEC. 5. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL PRODUCTS.

    (a) In General.--Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is 
amended by redesignating subparagraph (B) as subparagraph (C), and by 
inserting after subparagraph (A) the following:
            ``(B) A marine mammal product may be exported from the 
        United States if the product--
                    ``(i) is legally possessed, and exported by, a 
                citizen of the United States for noncommercial purposes 
                in conjunction with travel outside the United States 
                and the product is imported into the United States by 
                the same person upon the termination of travel;
                    ``(ii) is legally possessed, and exported by, a 
                person that is not a citizen of the United States for 
                noncommercial purposes;
                    ``(iii) is legally possessed and exported as part 
                of a cultural exchange, by an Indian, Aleut, or Eskimo 
                residing in Alaska; or
                    ``(iv) is owned by a Native inhabitant of Russia, 
                Canada, or Greenland and is exported for noncommercial 
                purposes--
                            ``(I) in conjunction with, and upon the 
                        completion of, travel within the United States; 
                        or
                            ``(II) as part of a cultural exchange with 
                        an Indian, Aleut, or Eskimo residing in 
                        Alaska.''.
    (b) Conforming Amendment.--Section 101(a)(6)(A)(i) (16 U.S.C. 
1371(a)(6)(A)(i)) is amended by inserting ``for noncommercial 
purposes'' after ``United States'' the first place it appears.

SEC. 6. TAKE REDUCTION PLANS.

    (a) In General.--Section 118 (16 U.S.C. 1387) is amended as 
follows:
            (1) In subsection (a) by striking ``commercial'' each place 
        it appears in paragraphs (1) and (5).
            (2) In subsection (c)(1) by striking so much as precedes 
        subparagraph (B) and inserting the following:
    ``(c) Registration and Authorization.--(1) The Secretary shall, 
within 90 days after the date of enactment of the Marine Mammal 
Protection Act Amendments of 2004--
            ``(A) publish in the Federal Register for public comment, 
        for a period of not less than 90 days, any necessary changes to 
        the Secretary's list of fisheries published under section 
        114(b)(1) in the Federal Register on August 24, 1994 (along 
        with an explanation of such changes and a statement describing 
        the marine mammal stocks interacting with, and the approximate 
        number of vessels or persons actively involved in, each such 
        fishery), with respect to--
                    ``(i) commercial and recreational fisheries that 
                have frequent incidental mortality and serious injury 
                of marine mammals;
                    ``(ii) commercial and recreational fisheries that 
                have occasional incidental mortality and serious injury 
                of marine mammals; or
                    ``(iii) commercial fisheries that have a remote 
                likelihood of or no known incidental mortality or 
                serious injury of marine mammals;''.
            (3) In subsection (c)(1) in subparagraphs (B) and (C) by 
        striking ``commercial''.
            (4) In subsection (c)(2)(A) by striking ``commercial''.
            (5) In subsection (c)(3)(A) in the matter preceding clause 
        (i) by striking ``a commercial fishery'' and inserting ``that 
        fishery''.
            (6) In subsection (c)(3)(E) by inserting ``commercial'' 
        after ``any''.
            (7) In subsection (c)(5)(B) by striking ``commercial''.
            (8) In subsection (d)(1) in the matter preceding 
        subparagraph (A) by striking ``commercial fishing operations'' 
        and inserting ``fishing operations in a fishery listed under 
        subsection (c)(1)(A)(i) or (ii)''.
            (9) In subsection (d)(3) in the matter preceding 
        subparagraph (A) by striking ``commercial fisheries'' and 
        inserting ``fisheries listed under subsection (c)(1)(A)(i) or 
        (ii)''.
            (10) In subsection (d)(4) as follows:
                    (A) In the matter preceding subparagraph (A) by 
                striking ``commercial fisheries'' and inserting 
                ``fisheries listed under subsection (c)(1)(A)(i) or 
                (ii)''.
                    (B) In subparagraph (A) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
                    (C) In subparagraph (B) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
                    (D) In subparagraph (C) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
            (11) In subsection (d)(5) by striking ``commercial fishing 
        operations'' and inserting ``fishing operations in fisheries 
        listed under subsection (c)(1)(A)(i) or (ii)''.
            (12) In subsection (e) in the matter preceding paragraph 
        (1)--
                    (A) by striking ``commercial'' each place it 
                appears; and
                    (B) by striking ``this Act'' and inserting ``this 
                section''.
            (13) In subsection (f) by striking so much as precedes 
        paragraph (2) and inserting the following:
    ``(f) Take Reduction Plans.--(1) The Secretary shall develop and 
implement a take reduction plan designed to assist in the recovery or 
prevent the depletion of each strategic stock which interacts with a 
fishery listed under subsection (c)(1)(A)(i) or (ii), unless the 
Secretary determines, after notice and opportunity for public comment, 
that the level of fishery related mortality and serious injury is 
having a negligible impact on that stock. The Secretary may develop and 
implement a take reduction plan for any other marine mammal stocks 
which interact with a fishery listed under subsection (c)(1)(A)(i) 
which the Secretary determines, after notice and opportunity for public 
comment, has a high level of mortality and serious injury across a 
number of such marine mammal stocks.''.
            (14) In subsection (f)(2)--
                    (A) by striking ``6 months'' and inserting ``9 
                months''; and
                    (B) by striking ``commercial fishing operations'' 
                each place it appears and inserting ``fishing 
                operations in fisheries listed under subsection 
                (c)(1)(A)(i) or (ii)''.
            (15) In subsection (f)(3) by striking ``commercial''.
            (16) In subsection (f)(4)(B) by striking ``commercial 
        fishing operations'' and inserting ``fishing operations in 
        fisheries listed under subsection (c)(1)(A)(i) or (ii)''.
            (17) In subsection (f)(5)--
                    (A) in subparagraph (A) by striking ``6 months'' 
                and inserting ``9 months''; and
                    (B) in subparagraphs (A) and (B) by striking 
                ``commercial'' each place it appears.
            (18) In subsection (f)(6)(A)--
                    (A) by striking ``(not later than 30 days)''; and
                    (B) in clause (ii) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
            (19) In subsection (f)(6)(C) in the second sentence, by 
        inserting before ``, and others'' the following: ``, where 
        appropriate a representative of the office of General Counsel 
        of the National Oceanic and Atmospheric Administration, a 
        representative of the National Marine Fisheries Service having 
        responsibilities related to fisheries science, a representative 
        of the National Marine Fisheries Service having 
        responsibilities related to law enforcement, and a 
        representative of the appropriate National Marine Fisheries 
        Service Regional Administrator''.
            (20) In subsection (f)(7)--
                    (A) in subparagraph (A)(i) by striking ``6 months'' 
                and inserting ``9 months'';
                    (B) in subparagraph (B)(i)--
                            (i) by striking ``not later than 60 days'' 
                        and inserting ``not later than 120 days''; and
                            (ii) by adding at the end the following: 
                        ``Before publishing any plan that is different 
                        than the draft plan proposed by a take 
                        reduction team, the Secretary shall reconvene 
                        the team and explain to the team the 
                        differences between the published plan and the 
                        draft plan proposed by the team.''; and
                    (C) in subparagraph (B)(ii)--
                            (i) by striking ``6 months'' and inserting 
                        ``9 months''; and
                            (ii) by striking ``not later than 8 
                        months'' and inserting ``not later than 11 
                        months''.
            (21) In subsection (f)(7)(C) by striking ``Not later than 
        60 days'' and inserting ``Not later than 90 days''.
            (22) In subsection (f)(7)(D) by striking ``commercial''.
            (23) In subsection (f)(8)--
                    (A) in subparagraph (C) by striking ``Not later 
                than 60 days'' and inserting ``Not later than 180 
                days''; and
                    (B) by striking ``commercial'' each place it 
                appears.
            (24) In subsection (f)(9) as follows:
                    (A) In subparagraph (A) by striking ``commercial 
                fisheries or restrict commercial fisheries'' and 
                inserting ``fisheries listed under subsection 
                (c)(1)(A)(i) or (ii) or restrict such fisheries''.
                    (B) In subparagraphs (B) and (C) by striking 
                ``commercial'' each place it appears.
                    (C) In subparagraph (D) by striking ``commercial 
                fishing operations'' and inserting ``participation in a 
                fishery listed under subsection (c)(1)(A)(i) or (ii)''.
            (25) In subsection (g)(1) by striking ``commercial 
        fisheries'' and inserting ``fisheries listed under subsection 
        (c)(1)(A)(i) or (ii)''.
            (26) In subsection (g)(3)(B) by striking ``commercial''.
            (27) In subsection (g)(4) by striking ``commercial 
        fishery'' and inserting ``fishery listed under subsection 
        (c)(1)(A)(i) or (ii)''.
            (28) In subsection (j) by inserting ``including observer, 
        research, and education and outreach programs,'' after ``For 
        purposes of carrying out this section,''.
            (29) By amending subsection (d)(1)(C) to read as follows:
            ``(C) identify current fishery regulations and changes in 
        fishing methods or technology that may increase or decrease 
        incidental mortality and serious injury.''.
            (30) In subsection (f)(2) in the last sentence by inserting 
        ``conservation benefits of'' before ``State or regional fishery 
        management plans.''.
            (31) By amending subsection (f)(4)(A) to read as follows:
            ``(A) a review of the information in the final stock 
        assessment published under section 117(b), any substantial new 
        information, a review of the conservation benefits from current 
        State and regional fishery management regulations;''.
    (b) Stock Assessments.--Section 117(a)(4) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by inserting ``and'' at the end of subparagraph (D); 
        and
            (3) by adding at the end the following:
                    ``(E) potential conservation benefits provided by 
                State and regional fishery management regulations;''.
    (c) Zero Mortality Rate Goal Amendments.--Section 118 (16 U.S.C. 
1387) is amended in subsections (a)(1) and (b)(1) by striking ``within 
7 years after the date of enactment of this section'' each place it 
appears.
    (d) Conforming Amendment.--Section 101(a)(5)(E) (16 U.S.C. 
1371(a)(5)(E)) is amended by inserting ``or recreational'' after 
``commercial'' each place it appears.

SEC. 7. PINNIPED RESEARCH.

    Section 120 (16 U.S.C. 1389) is amended by adding at the end the 
following:
    ``(k) Research on Nonlethal Removal and Control.--(1) The Secretary 
shall conduct research on the nonlethal removal and control of nuisance 
pinnipeds. The research shall include a review of measures that have 
been taken to effect such removal and control, the effectiveness of 
these measures, and the development of new technologies to deter 
nuisance pinnipeds.
    ``(2) The Secretary shall include, among the individuals that 
develop the research program under this subsection, representatives of 
the commercial and recreational fishing industries.
    ``(3) The Secretary is encouraged, where appropriate, to use 
independent marine mammal research institutions in developing and in 
conducting the research program.
    ``(4) The Secretary shall, by December 31 of each year, submit an 
annual report on the results of research under this subsection to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate.
    ``(l) Qualified Nonlethal Control Projects.--
            ``(1) In general.--The Secretary may, to the extent amounts 
        are available to carry out this subsection, provide a grant to 
        any eligible applicant to carry out a qualified nonlethal 
        control project in accordance with this subsection.
            ``(2) Applications.--The Secretary shall--
                    ``(A) publish guidelines for and solicit 
                applications for grants under this subsection not later 
                than 6 months after the date of enactment of this 
                subsection; and
                    ``(B) receive, review, evaluate, and approve 
                applications for grants under this subsection.
            ``(3) Eligible applicant.--To be an eligible applicant for 
        purposes of paragraph (1), an applicant must--
                    ``(A) be a State, local government, or interstate 
                or regional agency; and
                    ``(B) have adequate personnel, funding, and 
                authority to carry out and monitor or maintain a 
                nonlethal control of nuisance pinnipeds project.
            ``(4) Qualified control project.--To be a qualified control 
        project under this subsection, a project must--
                    ``(A) by humane and nonlethal means, remove, deter, 
                and control nuisance pinnipeds in areas where they are 
                a recurrent and persistent threat to public health and 
                safety; and
                    ``(B) encourage public notice, education, and 
                outreach on project activities in the affected 
                community.
            ``(5) Grant duration.--Each grant under this subsection 
        shall be to provide funding for the Federal share of the cost 
        of a project carried out with the grant for up to 2 fiscal 
        years.
            ``(6) Reporting by grantee.--
                    ``(A) In general.--A grantee carrying out a control 
                project with a grant under this subsection shall report 
                to the Secretary at the expiration of the grant.
                    ``(B) Report contents.--Each report under this 
                subsection shall include specific information on the 
                methods and techniques used to control nuisance 
                pinniped species in the project area, and on the 
                ensuing results.
            ``(7) Cost sharing.--
                    ``(A) Federal share.--Except as provided in 
                paragraphs (2) and (3), the Federal share of the cost 
                of a project carried out with a grant under this 
                subsection shall not exceed 75 percent of such cost.
                    ``(B) Application of in-kind contributions.--The 
                Secretary may apply to the non-Federal share of costs 
                of a control project carried out with a grant under 
                this subsection the fair market value of services or 
                any other form of in-kind contribution to the project 
                made by non-Federal interests that the Secretary 
                determines to be an appropriate contribution equivalent 
                to the monetary amount required for the non-Federal 
                share of the activity.
                    ``(C) Derivation of non-federal share.--The non-
                Federal share of the cost of a control project carried 
                out with a grant under this subsection may not be 
                derived from a Federal grant program or other Federal 
                funds.
            ``(8) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary $1,500,000 for 
        each of fiscal years 2005 through 2009.
            ``(9) Clarification.--Nothing in this subsection shall be 
        interpreted as suspending or waiving any requirement under any 
        other provision of this Act.''.

SEC. 8. MARINE MAMMAL COMMISSION.

    (a) Number of Employees.--Section 206(5) (16 U.S.C. 1406(5)) is 
amended by striking ``; except that no fewer than 11 employees must be 
employed under paragraph (1) at any time''.
    (b) Administration.--Section 206 (16 U.S.C. 1406) is amended--
            (1) in paragraph (4) by striking ``(but at rates for 
        individuals not to exceed $100 per diem)''; and
            (2) in paragraph (5) by striking ``Financial'' and all that 
        follows through the end of that sentence.

SEC. 9. SCRIMSHAW EXEMPTION.

    Any valid certificate of exemption referred to in section 18 of 
Public Law 103-238 (16 U.S.C. 1539 note) that was valid under that 
section on April 29, 1999, shall be valid during the 10-year period 
beginning October 31, 1999.

SEC. 10. CAPTIVE RELEASE PROHIBITION.

    Section 102(a) (16 U.S.C. 1372(a)) is amended--
            (1) in paragraph (4) by striking ``subsection 104(c); and'' 
        and inserting ``section 104(c);'';
            (2) in paragraph (5) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) for any person that is subject to the jurisdiction of 
        the United States to release any captive marine mammal unless 
        specifically authorized to do so under section 104(c)(3)(A), 
        104(c)(4)(A), or 109(h), except that this paragraph shall not 
        apply to the temporary release of any marine mammal that is--
                    ``(A) maintained in captivity under section 7524 of 
                title 10, United States Code (including any progeny of 
                a marine mammal maintained under that section); or
                    ``(B) the progeny of a marine mammal excluded from 
                coverage under this Act by section 102(e).''.

SEC. 11. TROPICAL TREATY CONFORMING AMENDMENT.

    Subsection (c) of the Dolphin Protection Consumer Information Act 
(16 U.S.C. 1385) is amended in paragraph (2) by striking ``160 degrees 
west longitude'' and inserting ``150 degrees west longitude''.

SEC. 12. PERMIT CLARIFICATIONS.

    (a) Clarifications.--Section 104 (16 U.S.C. 1374) is amended as 
follows:
            (1) Subsection (c)(7) is amended by inserting 
        ``notwithstanding any other provision of law'' after 
        ``requesting the permit''.
            (2) Subsection (c)(9) is amended to read as follows:
            ``(9)(A) No marine mammal may be exported--
                            ``(i) for the purpose of public display, 
                        unless the Secretary of Agriculture evaluates 
                        and verifies, and thereafter notifies the 
                        Secretary, that the receiving facility meets 
                        standards that are comparable to the 
                        requirements that a person must meet to receive 
                        a permit under this subsection for that 
                        purpose; or
                            ``(ii) for the purpose of scientific 
                        research or enhancing the survival or recovery 
                        of a species or stock, unless the receiving 
                        facility meets standards that are comparable to 
                        the requirements that a person must meet to 
                        receive a permit under this subsection for that 
                        purpose.
            ``(B) The Secretary may not require or request, through 
        comity or any other means, that any marine mammal or its 
        progeny remain subject to the jurisdiction of the United States 
        when located in waters or on lands that are subject to the 
        jurisdiction of another country.''.
            (3) Subsection (c)(10) is amended--
                    (A) in the first sentence by inserting ``held 
                within the lands and waters of the United States'' 
                after ``marine mammals'' each place it appears;
                    (B) by inserting after the first sentence the 
                following: ``The Secretary shall update the inventory 
                on an annual basis.''; and
                    (C) in subparagraph (D) by inserting ``ownership, 
                or other'' after ``date of''.
    (b) Review and Report Regarding Inventory.--
            (1) Review.--The Secretaries of Commerce and the Interior 
        shall, by not later than 12 months after date of the enactment 
        of this Act, jointly conduct a review of the inventory 
        maintained under section 104(c)(10) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1374(c)(10)), the use of the 
        information in the inventory, and the costs, benefits, and 
        issues associated with the development of an online inventory.
            (2) Consultation.--In conducting the review, the Secretary 
        shall consult and solicit input from persons who are required 
        to provide information for the inventory.
            (3) Report.--The Secretary shall submit a report to 
        Committee on Resources of the House of Representatives and the 
        Committee on Commerce, Science and Transportation of the Senate 
        on the findings of the review under this subsection. The report 
        shall include the following:
                    (A) Recommendations on whether the inventory should 
                be maintained by the Secretary or by another person 
                under contract.
                    (B) How the Secretary would oversee maintenance of 
                the inventory carried out under contract.
                    (C) How public access and access by Federal 
                agencies to the inventory can be maintained if the 
                inventory is maintained under contract.
                    (D) How the Secretary can minimize duplication on 
                the information the Secretary receives from public 
                display facilities and reduce the paper work burden on 
                those facilities.
                    (E) An estimate of the cost of maintaining the 
                inventory.
                    (F) A description of how the Secretary will ensure 
                the secure maintenance of the data in the inventory.
                    (G) An analysis of the potential that online 
                availability of the information in the inventory could 
                adversely affect the safety of the animals.

SEC. 13. FISHERIES GEAR DEVELOPMENT.

    Section 111 (16 U.S.C. 1381) is amended as follows:
            (1) Subsection (a) is amended to read as follows:
    ``(a) Research and Development Program.--
            ``(1) In general.--The Secretary of Commerce (in this 
        section referred to as the `Secretary') shall--
                    ``(A) carry out a program of research and 
                development for the purpose of devising improved 
                fishing methods and gear so as to reduce to the maximum 
                extent practicable the incidental taking of marine 
                mammals in connection with fishing operations; and
                    ``(B) make every practicable effort to develop, 
                evaluate, and make available to owners and operators of 
                fishing vessels such gear and fishing method 
                improvements as quickly as possible.
            ``(2) Coordination with other countries.--The Secretary may 
        coordinate with other countries to foster gear technology 
        transfer initiatives to reduce to the maximum extent 
        practicable the incidental mortality and serious injury of 
        marine mammals throughout the full extent of their range.''.
            (2) By adding at the end the following:
    ``(e) Gear Research Mini-Grant Program.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Secretary may establish a grant program to 
        provide financial assistance for developing, manufacturing, 
        testing, or designing new types of fishing gear designed to 
        reduce to the maximum extent practicable the incidental taking 
        (including incidental mortality and serious injury) of marine 
        mammals.
            ``(2) Grant amount and purposes.--The amount of a grant 
        under this subsection may not exceed $20,000.
            ``(3) Grant applications.--To receive a grant under this 
        section, an applicant must submit an application in such form 
        and manner as the Secretary may prescribe.
            ``(4) Consultation regarding criteria.--The Secretary shall 
        consult with the Secretary of the Interior and the Marine 
        Mammal Commission regarding the development of criteria for the 
        awarding of grants under this subsection.
            ``(5) Administrative costs.--Of amounts available each 
        fiscal year to carry out this subsection, the Secretary may 
        expend not more than $40,000 to pay the administrative expenses 
        necessary to carry out this subsection.
            ``(6) Contributions.--For purposes of carrying out this 
        section, the Secretary may accept, solicit, receive, hold, 
        administer, and use gifts, devises, and bequests.
    ``(f) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $1,500,000 for 
each of fiscal years 2005 through 2009.''.

SEC. 14. MARINE MAMMAL RESEARCH GRANTS.

    Section 110 (16 U.S.C. 1380) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Authorization of Assistance; Annual Report.--
            ``(1) Authorization of assistance.--The Secretary may make 
        grants, or provide financial assistance in such other form as 
        the Secretary considers appropriate, to any Federal or State 
        agency, public or private institution, or other person for the 
        purpose of assisting such agency, institution, or person to 
        undertake research in subjects that are relevant to the 
        protection and conservation of marine mammals, and the 
        ecosystems upon which they depend, including, but not limited 
        to, the Bering/Chukchi Sea ecosystem and the California coastal 
        marine ecosystem.
            ``(2) Inclusion of information in reports.--The Secretary 
        shall include a description of the annual results of research 
        carried out with assistance under this section in the report 
        required under section 103(f).
            ``(3) Contributions.--For purposes of carrying out this 
        section, the Secretary may accept, solicit, receive, hold, 
        administer, and use gifts, devises, and bequests.''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $1,500,000 for 
each of fiscal years 2005 through 2009.''.

SEC. 15. FINES AND PENALTIES.

    (a) Fines and Penalties, Generally.--Section 105 (16 U.S.C. 1375) 
is amended--
            (1) in subsection (a)(1) by striking ``$10,000'' and 
        inserting ``$20,000''; and
            (2) in subsection (b) by striking ``$20,000'' and inserting 
        ``$30,000''.
    (b) Vessel Penalty.--Section 106(b) (16 U.S.C. 1376(b)) is amended 
by striking ``$25,000'' and inserting ``$35,000''.

SEC. 16. COOPERATIVE AGREEMENTS IN ALASKA.

    (a) Definition of Depletion and Depleted.--Section 3(1)(A) (16 
U.S.C. 1362(1)(A)) is amended by striking ``of this Act,'' and 
inserting ``and, for any stock subject to a cooperative management 
agreement with a harvest management plan entered into under section 
119, those Alaska Native organizations that are signatories to such an 
agreement,''.
    (b) Exemption of Takings for Subsistence or Authentic Native 
Articles.--Section 101(b) (16 U.S.C. 1371) is amended by striking 
``section 109'' and inserting ``sections 109 and 119(c) and (d)''.
    (c) Use of Alaska Native Organizations for Enforcement.--Section 
107(a) (16 U.S.C. 1377(a)) is amended by inserting ``, or of an Alaska 
Native organization for purposes of enforcing this title pursuant to a 
harvest management plan with the organization under section 119'' after 
``Federal agency''.
    (d) Marine Mammal Comanagement Agreements in Alaska.--Section 119 
(16 U.S.C. 1388) is amended--
            (1) by striking subsections (a), (b), and (d);
            (2) by redesignating subsection (c) as subsection (j); and
            (3) by inserting before subsection (j) (as so redesignated) 
        the following:
    ``(a) In General.--The Secretary may enter into cooperative 
management agreements with Alaska Native organizations to conserve and 
manage any stock of marine mammals and provide comanagement of 
subsistence use by Alaska Natives. Such agreements may include a 
harvest management plan governing Alaska Native subsistence use for 
those stocks or species covered by the cooperative management 
agreement.
    ``(b) Management Plan Requirements.--A harvest management plan 
under this section with an Alaska Native organization shall--
            ``(1) apply only to Alaska Natives, as defined in section 
        101(b);
            ``(2) identify the signatories to the plan, and the stock 
        or species and geographic area covered by the plan;
            ``(3) be based on biological information and traditional 
        ecological knowledge;
            ``(4) provide for a sustainable harvest of each stock or 
        species covered by the plan, and is designed to prevent 
        populations of such stocks and species from becoming depleted;
            ``(5) have a clearly defined process and authority for 
        enforcement and implementation of any management prescriptions 
        under the plan; and
            ``(6) specify the duration of the plan and set forth 
        procedures for periodic review and termination of the plan.
    ``(c) Implementing Regulations and Ordinances.--
            ``(1) In general.--An Alaska Native organization may adopt 
        regulations and ordinances that apply to Alaska Natives 
        exclusively and that are consistent with, and necessary to 
        implement and enforce, a harvest management plan entered into 
        by the organization under this section.
            ``(2) Depleted stocks.--A regulation or ordinance adopted 
        pursuant to this subsection for a depleted stock shall apply 
        only to the extent the regulation or ordinance is consistent 
        with regulations issued by the Secretary under sections 101(b) 
        and 103 that apply to such stock.
    ``(d) Prohibition.--It is unlawful for any Alaska Native within the 
geographic area to which a harvest management plan under this section 
applies, to take, transport, sell, or possess a marine mammal in 
violation of any regulation or ordinance adopted by an Alaska Native 
organization to implement and enforce a harvest management plan.
    ``(e) Grants.--Agreements entered into under this section may 
include a grant to Alaska Native organizations for, among other 
purposes--
            ``(1) collecting and analyzing data on marine mammal 
        populations;
            ``(2) monitoring the harvest of marine mammals for 
        subsistence and handicraft uses;
            ``(3) participating in marine mammal research conducted by 
        the Federal Government, the State of Alaska, academic 
        institutions, and private organizations; and
            ``(4) developing marine mammal comanagement structures with 
        Federal and State agencies, and implementing, and enforcing any 
        harvest management plan included in the agreement.
    ``(f) Opportunity for Advance Notice and Comment Regarding Proposed 
Regulations.--Before proposing any regulation under section 101(b) 
relating to the taking of a stock of marine mammals that is the subject 
of a harvest management plan under this section, the Secretary shall--
            ``(1) solicit recommendations for such proposed regulation 
        from each Alaska Native organization engaged in harvest 
        management of the species or stock pursuant to this section; 
        and
            ``(2) provide to each such organization--
                    ``(A) each draft of the proposed regulation;
                    ``(B) an analysis of how the proposed regulation 
                would achieve the goal of being the least restrictive 
                measures upon subsistence use of the stock and the 
                conservation goals of the Act; and
                    ``(C) an opportunity to comment on the proposed 
                regulation prior to publication of any proposed 
                regulations in the Federal Register.
    ``(g) Public Notice.--The Secretary shall publish each harvest 
management plan entered into under this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for the purposes of carrying out this section--
            ``(1) to the Secretary of the Interior, $3,000,000 for each 
        of fiscal years 2005 through 2009; and
            ``(2) to the Secretary of Commerce, $3,000,000 for each of 
        fiscal years 2005 through 2009.
    ``(i) FACA Exemption.--The Federal Advisory Committee Act (5 App. 
U.S.C.) shall not apply with respect to the provision of any advice or 
recommendations to the Secretary by any Alaska Native organization 
(including any scientific review group associated with such an 
organization), or the obtaining of any advice or recommendations by the 
Secretary from such an organization, for the purpose of formulation or 
implementation of a cooperative management agreement under this 
section.''.

SEC. 17. ANNUAL REPORT REQUIREMENT.

    Section 103 (16 U.S.C. 1373(f)) is amended--
            (1) in subsection (f) in the first sentence, by inserting 
        ``and notwithstanding Public Law 104-66,'' after 
        ``thereafter''; and
            (2) by adding at the end the following:
    ``(g) The head of each Federal agency that conducts and provides 
funds for research on marine mammals shall report annually to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate on 
funding provided and research conducted regarding marine 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
```