I 

108TH CONGRESS 

2D SESSION H. R. 5104

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 

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,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prescott Marine Mam5 mal Stranding Program Amendments of 2004’’. 

6 SEC. 2. AMENDMENT REFERENCES. 

7 Except as otherwise expressly provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to such 

3 section or other provision of the Marine Mammal Protec4 tion Act of 1972 (16 U.S.C. 1361 et seq.). 

5 SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS FOR JOHN 

6 H. PRESCOTT MARINE MAMMAL RESCUE AS7 SISTANCE GRANT PROGRAM. 

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

9 1421f–1(h)) is amended by striking ‘‘fiscal years 2001 

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

11 2009’’. 

12 (b) MARINE MAMMAL UNUSUAL MORTALITY EVENT

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

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

15 ‘‘$125,000 for each of fiscal years 2005 through 2009’’. 

16 (c) ADMINISTRATIVE COSTS AND EXPENSES.—Sec17 tion 408 (16 U.S.C. 1421f–1) is amended—

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

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

20 section shall be distributed to eligible stranding net21 work participants for the purposes set forth in this 

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

23 and 

24 (2) by amending subsection (f) to read as fol25 lows: 
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1 ‘‘(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of 

2 the amounts available each fiscal year to carry out this 

3 section, the Secretary may expend not more than 6 per4 cent or $80,000, whichever is greater, to pay the adminis5 trative costs and administrative expenses to implement the 

6 grant program under subsection (a). Any such funds re7 tained by the Secretary for a fiscal year for such costs 

8 and expenses that are not used for such costs and ex9 penses before the end of the fiscal year shall be provided 

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

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

12 1421f–1) is further amended by adding at the end the fol13 lowing: 

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

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

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

17 SEC. 4. TECHNICAL CORRECTIONS. 

18 (a) COMMITTEE REFERENCES.—The Marine Mam19 mal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is 

20 amended by striking ‘‘Committee on Merchant Marine and 

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

22 on Resources’’. 

23 (b) OBSOLETE REFERENCE TO SECTION.—Section 

24 118(c)(3)(A)(i) (16 U.S.C. 1387(c)(3)(A)(i)) is amended 
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1 by striking ‘‘, except that’’ and all that follows through 

2 ‘‘is valid’’. 

3 SEC. 5. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 

4 PRODUCTS. 

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

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

7 (B) as subparagraph (C), and by inserting after subpara8 graph (A) the following: 

9 ‘‘(B) A marine mammal product may be ex10 ported from the United States if the product— 

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

12 a citizen of the United States for noncommer13 cial purposes in conjunction with travel outside 

14 the United States and the product is imported 

15 into the United States by the same person upon 

16 the termination of travel; 

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

18 a person that is not a citizen of the United 

19 States for noncommercial purposes; 

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

21 part of a cultural exchange, by an Indian, 

22 Aleut, or Eskimo residing in Alaska; or 

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

24 Russia, Canada, or Greenland and is exported 

25 for noncommercial purposes— 
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1 ‘‘(I) in conjunction with, and upon the 

2 completion of, travel within the United 

3 States; or 

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

5 with an Indian, Aleut, or Eskimo residing 

6 in Alaska.’’. 

7 (b) CONFORMING AMENDMENT.—Section 

8 101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is amended 

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

10 States’’ the first place it appears. 

11 SEC. 6. TAKE REDUCTION PLANS. 

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

13 amended as follows: 

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

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

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

17 precedes subparagraph (B) and inserting the fol18 lowing: 

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

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

21 of the Marine Mammal Protection Act Amendments of 

22 2004— 

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

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

25 necessary changes to the Secretary’s list of fisheries 
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1 published under section 114(b)(1) in the Federal 

2 Register on August 24, 1994 (along with an expla3 nation of such changes and a statement describing 

4 the marine mammal stocks interacting with, and the 

5 approximate number of vessels or persons actively 

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

7 ‘‘(i) commercial and recreational fisheries 

8 that have frequent incidental mortality and seri9 ous injury of marine mammals; 

10 ‘‘(ii) commercial and recreational fisheries 

11 that have occasional incidental mortality and 

12 serious injury of marine mammals; or 

13 ‘‘(iii) commercial fisheries that have a re14 mote likelihood of or no known incidental mor15 tality or serious injury of marine mammals;’’. 

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

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

18 (4) In subsection (c)(2)(A) by striking ‘‘com19 mercial’’. 

20 (5) In subsection (c)(3)(A) in the matter pre21 ceding clause (i) by striking ‘‘a commercial fishery’’ 

22 and inserting ‘‘that fishery’’. 

23 (6) In subsection (c)(3)(E) by inserting ‘‘com24 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. 7. 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 2005 

24 through 2009. 
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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. 8. 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. 9. SCRIMSHAW EXEMPTION. 

18 Any valid certificate of exemption referred to in sec19 tion 18 of Public Law 103–238 (16 U.S.C. 1539 note) 

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

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

22 1999. 

23 SEC. 10. CAPTIVE RELEASE PROHIBITION. 

24 Section 102(a) (16 U.S.C. 1372(a)) is amended— 
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1 (1) in paragraph (4) by striking ‘‘subsection 

2 104(c); and’’ and inserting ‘‘section 104(c);’’; 

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

4 inserting ‘‘; and’’; and 

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

6 ‘‘(6) for any person that is subject to the juris7 diction of the United States to release any captive 

8 marine mammal unless specifically authorized to do 

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

10 109(h), except that this paragraph shall not apply to 

11 the temporary release of any marine mammal that 

12 is— 

13 ‘‘(A) maintained in captivity under section 

14 7524 of title 10, United States Code (including 

15 any progeny of a marine mammal maintained 

16 under that section); or 

17 ‘‘(B) the progeny of a marine mammal ex18 cluded from coverage under this Act by section 

19 102(e).’’. 

20 SEC. 11. TROPICAL TREATY CONFORMING AMENDMENT. 

21 Subsection (c) of the Dolphin Protection Consumer 

22 Information Act (16 U.S.C. 1385) is amended in para23 graph (2) by striking ‘‘160 degrees west longitude’’ and 

24 inserting ‘‘150 degrees west longitude’’. 
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1 SEC. 12. PERMIT CLARIFICATIONS. 

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

3 is amended as follows: 

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

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

6 ‘‘requesting the permit’’. 

7 (2) Subsection (c)(9) is amended to read as fol8 lows: 

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

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

11 unless the Secretary of Agriculture evalu12 ates and verifies, and thereafter notifies 

13 the Secretary, that the receiving facility 

14 meets standards that are comparable to 

15 the requirements that a person must meet 

16 to receive a permit under this subsection 

17 for that purpose; or 

18 ‘‘(ii) for the purpose of scientific re19 search or enhancing the survival or recov20 ery of a species or stock, unless the receiv21 ing facility meets standards that are com22 parable to the requirements that a person 

23 must meet to receive a permit under this 

24 subsection for that purpose. 

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

26 through comity or any other means, that any marine 
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1 mammal or its progeny remain subject to the juris2 diction of the United States when located in waters 

3 or on lands that are subject to the jurisdiction of an4 other country.’’. 

5 (3) Subsection (c)(10) is amended— 

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

7 within the lands and waters of the United 

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

9 appears; 

10 (B) by inserting after the first sentence 

11 the following: ‘‘The Secretary shall update the 

12 inventory on an annual basis.’’; and 

13 (C) in subparagraph (D) by inserting 

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

15 (b) REVIEW AND REPORT REGARDING INVEN16 TORY.— 

17 (1) REVIEW.—The Secretaries of Commerce 

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

19 after date of the enactment of this Act, jointly con20 duct a review of the inventory maintained under sec21 tion 104(c)(10) of the Marine Mammal Protection 

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

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

24 and issues associated with the development of an on25 line inventory. 
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1 (2) CONSULTATION.—In conducting the review, 

2 the Secretary shall consult and solicit input from 

3 persons who are required to provide information for 

4 the inventory. 

5 (3) REPORT.—The Secretary shall submit a re6 port to Committee on Resources of the House of 

7 Representatives and the Committee on Commerce, 

8 Science and Transportation of the Senate on the 

9 findings of the review under this subsection. The re10 port shall include the following: 

11 (A) Recommendations on whether the in12 ventory should be maintained by the Secretary 

13 or by another person under contract. 

14 (B) How the Secretary would oversee 

15 maintenance of the inventory carried out under 

16 contract. 

17 (C) How public access and access by Fed18 eral agencies to the inventory can be main19 tained if the inventory is maintained under con20 tract. 

21 (D) How the Secretary can minimize dupli22 cation on the information the Secretary receives 

23 from public display facilities and reduce the 

24 paper work burden on those facilities. 
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1 (E) An estimate of the cost of maintaining 

2 the inventory. 

3 (F) A description of how the Secretary will 

4 ensure the secure maintenance of the data in 

5 the inventory. 

6 (G) An analysis of the potential that online 

7 availability of the information in the inventory 

8 could adversely affect the safety of the animals. 

9 SEC. 13. FISHERIES GEAR DEVELOPMENT. 

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

11 (1) Subsection (a) is amended to read as fol12 lows: 

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

14 ‘‘(1) IN GENERAL.—The Secretary of Com15 merce (in this section referred to as the ‘Secretary’) 

16 shall— 

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

18 development for the purpose of devising im19 proved fishing methods and gear so as to re20 duce to the maximum extent practicable the in21 cidental taking of marine mammals in connec22 tion with fishing operations; and 

23 ‘‘(B) make every practicable effort to de24 velop, evaluate, and make available to owners 

25 and operators of fishing vessels such gear and 
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1 fishing method improvements as quickly as pos2 sible. 

3 ‘‘(2) COORDINATION WITH OTHER COUN4 TRIES.—The Secretary may coordinate with other 

5 countries to foster gear technology transfer initia6 tives to reduce to the maximum extent practicable 

7 the incidental mortality and serious injury of marine 

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

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

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

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

12 of appropriations, the Secretary may establish a 

13 grant program to provide financial assistance for de14 veloping, manufacturing, testing, or designing new 

15 types of fishing gear designed to reduce to the max16 imum extent practicable the incidental taking (in17 cluding incidental mortality and serious injury) of 

18 marine mammals. 

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

20 amount of a grant under this subsection may not ex21 ceed $20,000. 

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

23 grant under this section, an applicant must submit 

24 an application in such form and manner as the Sec25 retary may prescribe. 
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1 ‘‘(4) CONSULTATION REGARDING CRITERIA.— 

2 The Secretary shall consult with the Secretary of the 

3 Interior and the Marine Mammal Commission re4 garding the development of criteria for the awarding 

5 of grants under this subsection. 

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

7 available each fiscal year to carry out this sub8 section, the Secretary may expend not more than 

9 $40,000 to pay the administrative expenses nec10 essary to carry out this subsection. 

11 ‘‘(6) 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. 

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

16 carry out this section there is authorized to be appro17 priated to the Secretary $1,500,000 for each of fiscal 

18 years 2005 through 2009.’’. 

19 SEC. 14. MARINE MAMMAL RESEARCH GRANTS. 

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

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) AUTHORIZATION OF ASSISTANCE; ANNUAL RE24 PORT.— 
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1 ‘‘(1) AUTHORIZATION OF ASSISTANCE.—The 

2 Secretary may make grants, or provide financial as3 sistance in such other form as the Secretary con4 siders appropriate, to any Federal or State agency, 

5 public or private institution, or other person for the 

6 purpose of assisting such agency, institution, or per7 son to undertake research in subjects that are rel8 evant to the protection and conservation of marine 

9 mammals, and the ecosystems upon which they de10 pend, including, but not limited to, the Bering/ 

11 Chukchi Sea ecosystem and the California coastal 

12 marine ecosystem. 

13 ‘‘(2) INCLUSION OF INFORMATION IN RE14 PORTS.—The Secretary shall include a description of 

15 the annual results of research carried out with as16 sistance under this section in the report required 

17 under section 103(f). 

18 ‘‘(3) 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.’’; and 

22 (2) by striking subsections (c) and (d) and in23 serting the following: 

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

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

2 years 2005 through 2009.’’. 

3 SEC. 15. 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. 16. COOPERATIVE AGREEMENTS IN ALASKA. 

14 (a) DEFINITION OF DEPLETION AND DEPLETED.— 

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

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

17 subject to a cooperative management agreement with a 

18 harvest management plan entered into under section 119, 

19 those Alaska Native organizations that are signatories to 

20 such an agreement,’’. 

21 (b) EXEMPTION OF TAKINGS FOR SUBSISTENCE OR

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

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

24 inserting ‘‘sections 109 and 119(c) and (d)’’. 
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1 (c) USE OF ALASKA NATIVE ORGANIZATIONS FOR

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

3 amended by inserting ‘‘, or of an Alaska Native organiza4 tion for purposes of enforcing this title pursuant to a har5 vest management plan with the organization under section 

6 119’’ after ‘‘Federal agency’’. 

7 (d) MARINE MAMMAL COMANAGEMENT AGREE8 MENTS IN ALASKA.—Section 119 (16 U.S.C. 1388) is 

9 amended— 

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

11 (2) by redesignating subsection (c) as sub12 section (j); and 

13 (3) by inserting before subsection (j) (as so re14 designated) the following: 

15 ‘‘(a) IN GENERAL.—The Secretary may enter into co16 operative management agreements with Alaska Native or17 ganizations to conserve and manage any stock of marine 

18 mammals and provide comanagement of subsistence use 

19 by Alaska Natives. Such agreements may include a har20 vest management plan governing Alaska Native subsist21 ence use for those stocks or species covered by the cooper22 ative management agreement. 

23 ‘‘(b) MANAGEMENT PLAN REQUIREMENTS.—A har24 vest management plan under this section with an Alaska 

25 Native organization shall— 
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1 ‘‘(1) apply only to Alaska Natives, as defined in 

2 section 101(b); 

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

4 the stock or species and geographic area covered by 

5 the plan; 

6 ‘‘(3) be based on biological information and tra7 ditional ecological knowledge; 

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

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

10 to prevent populations of such stocks and species 

11 from becoming depleted; 

12 ‘‘(5) have a clearly defined process and author13 ity for enforcement and implementation of any man14 agement prescriptions under the plan; and 

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

16 forth procedures for periodic review and termination 

17 of the plan. 

18 ‘‘(c) IMPLEMENTING REGULATIONS AND ORDI19 NANCES.— 

20 ‘‘(1) IN GENERAL.—An Alaska Native organiza21 tion may adopt regulations and ordinances that 

22 apply to Alaska Natives exclusively and that are con23 sistent with, and necessary to implement and en24 force, a harvest management plan entered into by 

25 the organization under this section. 
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1 ‘‘(2) DEPLETED STOCKS.—A regulation or ordi2 nance adopted pursuant to this subsection for a de3 pleted stock shall apply only to the extent the regu4 lation or ordinance is consistent with regulations 

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

6 103 that apply to such stock. 

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

8 Native within the geographic area to which a harvest man9 agement plan under this section applies, to take, trans10 port, sell, or possess a marine mammal in violation of any 

11 regulation or ordinance adopted by an Alaska Native orga12 nization to implement and enforce a harvest management 

13 plan. 

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

15 section may include a grant to Alaska Native organiza16 tions for, among other purposes— 

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

18 mammal populations; 

19 ‘‘(2) monitoring the harvest of marine mam20 mals for subsistence and handicraft uses; 

21 ‘‘(3) participating in marine mammal research 

22 conducted by the Federal Government, the State of 

23 Alaska, academic institutions, and private organiza24 tions; and 
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1 ‘‘(4) developing marine mammal comanagement 

2 structures with Federal and State agencies, and im3 plementing, and enforcing any harvest management 

4 plan included in the agreement. 

5 ‘‘(f) OPPORTUNITY FOR ADVANCE NOTICE AND COM6 MENT REGARDING PROPOSED REGULATIONS.—Before 

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

8 the taking of a stock of marine mammals that is the sub9 ject of a harvest management plan under this section, the 

10 Secretary shall— 

11 ‘‘(1) solicit recommendations for such proposed 

12 regulation from each Alaska Native organization en13 gaged in harvest management of the species or stock 

14 pursuant to this section; and 

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

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

17 ‘‘(B) an analysis of how the proposed regu18 lation would achieve the goal of being the least 

19 restrictive measures upon subsistence use of the 

20 stock and the conservation goals of the Act; and 

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

22 proposed regulation prior to publication of any 

23 proposed regulations in the Federal Register. 
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1 ‘‘(g) PUBLIC NOTICE.—The Secretary shall publish 

2 each harvest management plan entered into under this 

3 section. 

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

5 are authorized to be appropriated for the purposes of car6 rying out this section— 

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

8 $3,000,000 for each of fiscal years 2005 through 

9 2009; and 

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

11 for each of fiscal years 2005 through 2009. 

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

13 Committee Act (5 App. U.S.C.) shall not apply with re14 spect to the provision of any advice or recommendations 

15 to the Secretary by any Alaska Native organization (in16 cluding any scientific review group associated with such 

17 an organization), or the obtaining of any advice or rec18 ommendations by the Secretary from such an organiza19 tion, for the purpose of formulation or implementation of 

20 a cooperative management agreement under this section.’’. 

21 SEC. 17. ANNUAL REPORT REQUIREMENT. 

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

23 (1) in subsection (f) in the first sentence, by in24 serting ‘‘and notwithstanding Public Law 104–66,’’ 

25 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.’’. 

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