(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 con-
duct a review of the inventory maintained under sec-
tion 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 on-
line 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 re-
port 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 re-
port shall include the following: 
(A) Recommendations on whether the in-
ventory 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 Fed-
eral agencies to the inventory can be main-
tained if the inventory is maintained under con-
tract. 
(D) How the Secretary can minimize dupli-
cation 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. 
(c) 
LIMITATION
ON
NOTIFICATION
REQUIRE-
MENTS.—Section 104(c) (16 U.S.C. 1374(c)) is amended 
in paragraph (2)(E) in the first sentence, and in para-
graph (8)(B)(II), by inserting before the period at the end 
the following: ‘‘, except that if the transport is for pur-
poses of public display and the transfer is between facili-
ties where the ownership and care of the marine mammal 
will be under the same license or registration issued under
the Animal Welfare Act (7 U.S.C. 2131 et seq.) then only 
a notice of transport is required’’. 
SEC. 8. 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. 9. MARINE MAMMAL RESEARCH GRANTS. 
Section 110 (16 U.S.C. 1380) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) AUTHORIZATION OF ASSISTANCE; ANNUAL RE-
PORT.— 
‘‘(1) AUTHORIZATION
OF
ASSISTANCE.—The 
Secretary may make grants, or provide financial as-
sistance in such other form as the Secretary con-
siders appropriate, to any Federal or State agency, 
public or private institution, or other person for the 
purpose of assisting such agency, institution, or per-
son to undertake research in subjects that are rel-
evant to the protection and conservation of marine 
mammals, and the ecosystems upon which they de-
pend, including, but not limited to, the Bering/ 
Chukchi Sea ecosystem and the California coastal 
marine ecosystem. 
‘‘(2) INCLUSION
OF
INFORMATION
IN
RE-
PORTS.—The Secretary shall include a description of 
the annual results of research carried out with as-
sistance under this section in the report required 
under section 103(f). 
‘‘(3) CONTRIBUTIONS.—For purposes of car-
rying out this section, the Secretary may accept, so-
licit, receive, hold, administer, and use gifts, devises, 
and bequests.’’; and 
(2) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section there is authorized to be appro-
priated to the Secretary $1,500,000 for each of fiscal 
years 2006 through 2010.’’. 
SEC. 10. FISHERIES GEAR DEVELOPMENT. 
Section 111 (16 U.S.C. 1381) is amended as follows: 
(1) Subsection (a) is amended to read as fol-
lows: 
‘‘(a) RESEARCH AND DEVELOPMENT PROGRAM.—
‘‘(1) IN
GENERAL.—The Secretary of Com-
merce (in this section referred to as the ‘Secretary’) 
shall— 
‘‘(A) carry out a program of research and 
development for the purpose of devising im-
proved fishing methods and gear so as to re-
duce to the maximum extent practicable the in-
cidental taking of marine mammals in connec-
tion with fishing operations; and 
‘‘(B) make every practicable effort to de-
velop, evaluate, and make available to owners 
and operators of fishing vessels such gear and 
fishing method improvements as quickly as pos-
sible. 
‘‘(2) 
COORDINATION
WITH
OTHER
COUN-
TRIES.—The Secretary may coordinate with other 
countries to foster gear technology transfer initia-
tives 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 de-
veloping, manufacturing, testing, or designing new 
types of fishing gear designed to reduce to the max-
imum extent practicable the incidental taking (in-
cluding incidental mortality and serious injury) of 
marine mammals. 
‘‘(2) GRANT
AMOUNT
AND
PURPOSES.—The 
amount of a grant under this subsection may not ex-
ceed $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 Sec-
retary may prescribe. 
‘‘(4) CONSULTATION
REGARDING
CRITERIA.— 
The Secretary shall consult with the Secretary of the 
Interior and the Marine Mammal Commission re-
garding 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 sub-
section, the Secretary may expend not more than 
$40,000 to pay the administrative expenses nec-
essary to carry out this subsection. 
‘‘(6) CONTRIBUTIONS.—For purposes of car-
rying out this section, the Secretary may accept, so-
licit, receive, hold, administer, and use gifts, devises, 
and bequests. 
‘‘(f) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section there is authorized to be appro-
priated to the Secretary $1,500,000 for each of fiscal 
years 2006 through 2010.’’. 
SEC. 11. TROPICAL TREATY CONFORMING AMENDMENT. 
Subsection (c) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385) is amended in para-
graph (2) by striking ‘‘160 degrees west longitude’’ and 
inserting ‘‘150 degrees west longitude’’. 
SEC. 12. 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 fol-
lowing: 
‘‘(c) REGISTRATION AND AUTHORIZATION.—(1) The 
Secretary shall, within 90 days after the date of enactment 
of the Marine Mammal Protection Act Amendments of 
2005— 
‘‘(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 expla-
nation 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 seri-
ous 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 re-
mote likelihood of or no known incidental mor-
tality 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 ‘‘com-
mercial’’. 
(5) In subsection (c)(3)(A) in the matter pre-
ceding clause (i) by striking ‘‘a commercial fishery’’ 
and inserting ‘‘that fishery’’. 
(6) In subsection (c)(3)(E) by inserting ‘‘com-
mercial’’ after ‘‘any’’.
(7) In subsection (c)(5)(B) by striking ‘‘com-
mercial’’. 
(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 in-
serting 
‘‘fisheries 
listed 
under 
subsection 
(c)(1)(A)(i) or (ii)’’. 
(B) In subparagraph (A) by striking ‘‘com-
mercial fisheries’’ and inserting ‘‘fisheries listed 
under subsection (c)(1)(A)(i) or (ii)’’. 
(C) In subparagraph (B) by striking ‘‘com-
mercial fisheries’’ and inserting ‘‘fisheries listed 
under subsection (c)(1)(A)(i) or (ii)’’. 
(D) In subparagraph (C) by striking ‘‘com-
mercial fisheries’’ and inserting ‘‘fisheries listed 
under subsection (c)(1)(A)(i) or (ii)’’.
(11) In subsection (d)(5) by striking ‘‘commer-
cial fishing operations’’ and inserting ‘‘fishing oper-
ations 
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 de-
signed 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 com-
ment, that the level of fishery related mortality and seri-
ous 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 oper-
ations’’ each place it appears and inserting 
‘‘fishing operations in fisheries listed under sub-
section (c)(1)(A)(i) or (ii)’’. 
(15) In subsection (f)(3) by striking ‘‘commer-
cial’’. 
(16) In subsection (f)(4)(B) by striking ‘‘com-
mercial 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 sen-
tence, by inserting before ‘‘, and others’’ the fol-
lowing: ‘‘, 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 re-
sponsibilities related to fisheries science, a represent-
ative of the National Marine Fisheries Service hav-
ing 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 fol-
lowing: ‘‘Before publishing any plan that is 
different than the draft plan proposed by 
a take reduction team, the Secretary shall