I 
108TH CONGRESS 
1ST SESSION H. R. 3316
To reauthorize the Marine Mammal Protection Act of 1972, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2003
Mr. PALLONE introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To reauthorize the Marine Mammal Protection Act of 1972, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marine Mammal Pres-
ervation and Recovery Act of 2003’’. 
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 provi-
sion, the reference shall be considered to be made to such
section or other provision of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1361 et seq.).
TITLE I—GENERAL PROVISIONS 
SEC. 101. TECHNICAL CORRECTIONS. 
(a) COMMITTEE REFERENCES.—The Marine Mam-
mal 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 REPLACED SEC-
TION.—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’’. 
(c) OBSOLETE SECTIONS.—
(1) IN GENERAL.—The Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1361 et seq.) is 
amended by striking section 114 and subsections (f) 
through (j) of section 120. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section is amended by striking the 
item relating to section 114. 
(d) DEFINITION OF BONA FIDE RESEARCH.—Sec-
tion 3(22)(A) (16 U.S.C. 1362(22)(A)) is amended by 
striking ‘‘referred’’ and inserting ‘‘refereed’’.
(e) 
RETURN
OF
SEIZED
MATTER.—Section 
107(e)(4)(B) (16 U.S.C. 1377(e)(4)(B)) is amended by 
striking ‘‘with’’ and inserting ‘‘within’’. 
(f) CROSS
REFERENCE.—Section 109(d)(1) (16 
U.S.C. 1379(d)(1)) is amended by striking ‘‘3(14)(B)’’ 
and inserting ‘‘3(15)(B)’’. 
(g) ANNUAL
REVIEW
OF
PROGRAMS.—Section 
112(d) (16 U.S.C. 1382(d)) is amended in the second sen-
tence by striking ‘‘purposes of policies’’ and inserting 
‘‘purposes and policies’’. 
(h) CONFORMING AMENDMENTS RELATING TO RE-
PEAL OF SECTION 114.—
(1) Section 102(a) (16 U.S.C. 1372(a)) is 
amended by striking ‘‘114,’’. 
(2) Section 118 (16 U.S.C. 1387) is amended—
(A) in subsection (a)(1) by striking ‘‘sec-
tion 114 and in’’; and 
(B) in subsection (c)—
(i) in paragraph (1)(A) by striking 
‘‘under section 114(b)(1) and which is in 
existence on March 31, 1994’’ and insert-
ing ‘‘in the Federal Register by the Sec-
retary on August 25, 1994’’; and 
(ii) in paragraph (4)(A) by striking 
‘‘Previous failure to comply with the re-
quirements of section 114 shall not bar au-
thorization under this section for an owner 
who complies with the requirements of this 
section.’’.
SEC. 102. MISCELLANEOUS AUTHORIZATIONS OF APPRO-
PRIATIONS. 
(a) DEPARTMENT OF COMMERCE.—Section 116(a) 
(16 U.S.C. 1384(a)) is amended to read as follows: 
‘‘(a) DEPARTMENT OF COMMERCE.—(1) There are 
authorized to be appropriated to the Department of Com-
merce, for purposes of carrying out its functions and re-
sponsibilities under this title (other than sections 117 and 
118) and title IV—
‘‘(A) $23,728,000 for 2004; 
‘‘(B) $24,378,000 for 2005; 
‘‘(C) $25,028,000 for 2006; 
‘‘(D) $25,678,000 for 2007; and 
‘‘(E) $26,328,000 for 2008. 
‘‘(2) There are authorized to be appropriated to the 
Department of Commerce, for purposes of carrying out 
sections 117 and 118, $20,000,000 for each of the fiscal 
years 2004 through 2008.’’. 
(b) DEPARTMENT
OF
THE
INTERIOR.—Section 
116(b) (16 U.S.C. 1384(b)) is amended to read as follows:
‘‘(b) DEPARTMENT OF THE INTERIOR.—There are 
authorized to be appropriated to the Department of the 
Interior, for purposes of carrying out its functions and re-
sponsibilities under this title—
‘‘(1) $11,800,000 for 2004; 
‘‘(2) $12,300,000 for 2005; 
‘‘(3) $12,800,000 for 2006; 
‘‘(4) $13,300,000 for 2007; and 
‘‘(5) $13,800,000 for 2008.’’. 
(c) COOPERATIVE AGREEMENTS IN ALASKA.—Sec-
tion 119(d) (16 U.S.C. 1388(d)) is amended by striking 
all after ‘‘AUTHORIZATION OF APPROPRIATIONS.—’’ and 
inserting the following: 
‘‘(1) There are authorized to be appropriated to 
the Secretary of Commerce, for the purposes of car-
rying out this section—
‘‘(A) $3,000,000 for fiscal year 2004; 
‘‘(B) $3,500,000 for fiscal year 2005; 
‘‘(C) $4,000,000 for fiscal year 2006; 
‘‘(D) $4,500,000 for fiscal year 2007; and 
‘‘(E) $5,000,000 for fiscal year 2008.
‘‘(2) There are authorized to be appropriated to 
the Secretary of the Interior for the purposes of car-
rying out this section—
‘‘(A) $3,000,000 for fiscal year 2004;
‘‘(B) $3,500,000 for fiscal year 2005; 
‘‘(C) $4,000,000 for fiscal year 2006; 
‘‘(D) $4,500,000 for fiscal year 2007; and 
‘‘(E) $5,000,000 for fiscal year 2008.’’. 
(d) MARINE MAMMAL COMMISSION.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 207 (16 U.S.C. 1407) is amended to read as 
follows: 
‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Ma-
rine Mammal Commission, for the purposes of carrying 
out this title—
‘‘(1) $3,400,000 for fiscal year 2004; 
‘‘(2) $3,450,000 for fiscal year 2005; 
‘‘(3) $3,500,000 for fiscal year 2006; 
‘‘(4) $3,550,000 for fiscal year 2007; and 
‘‘(5) $3,600,000 for fiscal year 2008.’’. 
(2) REPEAL OF LIMITATION ON PROCUREMENT 
OF
EXPERTS
AND
CONSULTANTS.—Section 206(4) 
(16 U.S.C. 1406(4)) is amended by striking ‘‘(but at 
rates for individuals not to exceed $100 per diem)’’.
SEC. 103. DEFINITION OF HARASSMENT. 
Section 3(18) (16 U.S.C. 1362(18)) is amended to 
read as follows:
‘‘(18)(A) The term ‘harassment’ means any Act 
that—
‘‘(i) injures or has the potential to injure 
a marine mammal or marine mammal stock in 
the wild; or 
‘‘(ii) disturbs or has the potential to dis-
turb a marine mammal or marine mammal 
stock in the wild by causing disruption of bio-
logically significant activities, including, but not 
limited to, surfacing, communication, sheltering, 
resting, migration, breeding, care of young, 
predator avoidance or defense, feeding, or for-
aging. 
‘‘(B)(i) The term ‘Level A harassment’ means 
harassment described in subparagraph (A)(i). 
‘‘(ii) The term ‘Level B harassment’ means 
harassment described in subparagraph (A)(ii). 
‘‘(C) In this paragraph—
‘‘(i) the term ‘potential’ means capability 
or possibility; and 
‘‘(ii) the term ‘disruption’ means an inter-
ruption of the normal course, taking into ac-
count the cumulative effects that behavioral 
changes may have on biologically significant ac-
tivities.’’.
TITLE II—CAPTIVE MARINE 
MAMMALS 
SEC. 201. CAPTIVE MARINE MAMMAL INVENTORY REVI-
SION. 
Section 104(c)(10) (16 U.S.C. 1374(c)(10)) is 
amended to read as follows: 
‘‘(10) CAPTIVE MARINE MAMMAL INVENTORY.—
‘‘(A) RESPONSIBILITIES.—The Secretary 
shall establish and maintain an inventory of all 
marine mammals possessed pursuant to permits 
issued under paragraph (2)(A) by persons exer-
cising rights under paragraph (2)(C), and all 
progeny of such marine mammals. The inven-
tory shall contain, for each marine mammal, 
only the following information: 
‘‘(i) The name of the marine mammal 
or other identification. 
‘‘(ii) The sex of the marine mammal. 
‘‘(iii) The estimated or actual birth 
date of the marine mammal. 
‘‘(iv) The date of acquisition or dis-
position of the marine mammal by the per-
mit holder. 
‘‘(v) The source from which the ma-
rine mammal was acquired, including the
location of the take of the marine mammal 
from the wild, if applicable. 
‘‘(vi) If the marine mammal is trans-
ferred, the name of the recipient. 
‘‘(vii) A statement of whether or not 
the marine mammal was acquired as the 
result of a stranding. 
‘‘(viii) The date of death of the ma-
rine mammal, and the cause of death if 
otherwise determined. 
‘‘(B) PROVISION
OF
INFORMATION.—A 
person that possesses a marine mammal re-
ferred to in subparagraph (A) shall, upon re-
quest by the Secretary, provide to the Secretary 
the information referred to in subparagraph (A) 
with respect to the marine mammal.
‘‘(C) DATABASE.—The Secretary shall es-
tablish and maintain a publicly accessible, co-
ordinated, and up-to-date information sharing 
system that—
‘‘(i) allows the access to and exchange 
of information among Federal agencies 
and the public; 
‘‘(ii) utilizes, to the greatest extent 
practicable, the Internet; and
‘‘(iii) is consistent with other widely 
used database formats. 
‘‘(D) AUTHORITY TO USE AGREEMENTS.—
To carry out data-gathering and develop and 
maintain a comprehensive captive marine mam-
mal inventory responsibilities of the Secretary 
under subparagraph (A), and to establish and 
maintain a database under subparagraph (C), 
the Secretary may in accordance with chapter 
11 of title 40, United States Code, and to the 
extent amounts are available to carry out this 
paragraph, enter into contracts and other 
agreements with qualified entities.’’.
SEC. 202. CAPTIVE MARINE MAMMAL CARE AND MAINTE-
NANCE STANDARDS ADVISORY COMMITTEE. 
(a) IN GENERAL.—The Marine Mammal Commission 
shall, in consultation with representatives of Federal agen-
cies and interested parties, establish an advisory com-
mittee on the promulgation of standards and other re-
quirements governing the humane handling, care, treat-
ment, and transportation of marine mammals by dealers, 
research facilities, exhibitors, carriers, and other regulated
entities, as authorized under the Animal Welfare Act (7 
U.S.C. 2131 et seq.).
2 years after the date of the enactment of this Act; 
and 
(2) shall disband the advisory committee upon 
the submission of such report. 
(e) FACA.—The Federal Advisory Committee Act (5 
App. U.S.C.) shall not apply to the advisory committee 
established under this subsection. 
(f) DEFINITION.—In this section, the term ‘‘inter-
active feeding program’’ means an exhibit at a facility pro-
viding access to the public to be in proximity, without bar-
riers, to marine mammals to observe, feed, and touch 
them. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Marine Mammal 
Commission, for the purpose of carrying out this section, 
$750,000 for each of fiscal years 2004 and 2005. 
SEC. 203. CAPTIVE RELEASE PROHIBITION. 
Section 102(a) (16 U.S.C. 1372(a)) is amended—
(1) by striking ‘‘and’’ after the semicolon at the 
end of paragraph (4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) for any person subject to the jurisdiction 
of the United States to release, in the waters of the
United States or in the high seas, any marine mam-
mal maintained in captivity at a facility unless spe-
cifically authorized to do so under a permit issued 
pursuant to section 104(c) or under 109(h) of this 
Act, except that this paragraph shall not apply to 
the temporary release of any marine mammal by the 
Department of Defense for military or research pur-
poses if the marine mammal is—
‘‘(A) maintained in captivity under section 
7524 of title 10, United States Code, or is the 
progeny of a marine mammal maintained under 
that section, or 
‘‘(B) the progeny of a marine mammal ex-
cluded from coverage under this Act by section 
102(e).’’.
SEC. 204. TRAVELING EXHIBITS. 
Section 102 (16 U.S.C. 1372) is amended by adding 
at the end the following: 
‘‘(g) TRAVELING EXHIBITS.—
‘‘(1) PROHIBITION.—It is unlawful for any per-
son subject to the jurisdiction of the United States 
to import, export, possess, or transport any marine 
mammal in connection with a traveling exhibit. No 
permit shall be issued under this Act for such pur-
pose.
‘‘(2) DEFINITION.—In this subsection the term 
‘traveling exhibit’ means any mobile or traveling 
housing facility or exhibit of live marine mammals 
that moves such marine mammals to different loca-
tions on a routine or frequent basis for purposes of 
public display or public education.’’.
TITLE 
III—ENHANCED 
CON-
SERVATION 
AND 
ENFORCE-
MENT 
SEC. 301. LIMITED AUTHORITY TO EXPORT MARINE MAM-
MAL PRODUCTS. 
(a) EXPORT CONDITIONS.—Section 101(a)(6) (16 
U.S.C. 1371(a)(6)) is amended—
(1) in subparagraph (A) by striking clause (i), 
and redesignating clauses (ii) and (iii) in order as 
clauses (i) and (ii); and 
(2) by adding at the end the following: 
‘‘(C) A marine mammal product may be 
exported from the United States if the prod-
uct—
‘‘(i) is legally possessed and exported 
as part of a cultural exchange, by an In-
dian, Aleut, or Eskimo residing in Alaska; 
or
‘‘(ii) is owned by a Native inhabitant 
of Russia, Canada, or Greenland and is ex-
ported for noncommercial purposes—
‘‘(I) in conjunction with, and 
upon the completion of, travel within 
the United States; or 
‘‘(II) as part of a cultural ex-
change with an Indian, Aleut, or Es-
kimo residing in Alaska.’’. 
(b) EXEMPTIONSFFOR ALASKA NATIVES.—Section 
101(b) (16 U.S.C. 1371(b)) is amended—
(1) in the matter preceding paragraph (1) by 
inserting ‘‘or transporting’’ after ‘‘with respect to 
the taking’’; and 
(2) in paragraph (2) by striking ‘‘Provided, 
That’’ and all that follows through ‘‘commerce:’’ and 
inserting ‘‘Provided, That only authentic native arti-
cles of handicrafts and clothing may be purchased, 
sold, or transported in interstate or foreign com-
merce or exported or imported for purposes other 
than cultural exchange, as that term is defined in 
subsection (a)(6)(B)(ii):’’.
SEC. 302. EXPORT PROHIBITION. 
Section 102(a)(4) (16 U.S.C. 1372(a)(4)) is amended 
to read as follows:
‘‘(4) for any person to transport, purchase, sell, 
export, or offer to purchase, sell, or export any ma-
rine mammal or marine mammal product; and’’. 
SEC. 303. JOHN H. PRESCOTT MARINE MAMMAL RESCUE 
ASSISTANCE PROGRAM. 
Section 408 (16 U.S.C. 1421f–1) is amended as fol-
lows: 
(1) Subsection (a) is amended to read as fol-
lows: 
‘‘(a) IN GENERAL.—(1) Subject to the availability of 
appropriations, the Secretary shall conduct a program to 
be known as the John H. Prescott Marine Mammal Res-
cue Assistance Program, to provide for—
‘‘(A) the recovery or treatment of marine mam-
mals; 
‘‘(B) the collection of data from living or dead 
stranded marine mammals for scientific research re-
garding marine mammal health; 
‘‘(C) facility operation costs that are directly re-
lated to those purposes; and 
‘‘(D) assistance for persons responding to 
stranding events requiring emergency assistance. 
‘‘(2) To carry out the purpose of this section, and 
to the extent amounts are available to carry out this sec-
tion, the Secretary may enter into grants, cooperative 
agreements, contracts, or other agreements. 
‘‘(3)(A) The Secretary shall provide support to the 
program under this section by providing financial assist-
ance awards to eligible stranding network participants to 
carry out the activities referred to in paragraph (1). 
‘‘(B) The Secretary shall ensure that, to the greatest 
extent practicable, funds provided as financial assistance 
under this subsection are distributed equitably among the 
stranding regions designated as of the date of the enact-
ment of the Marine Mammal Rescue Assistance Act of 
2000, and in distributing such funds shall give preference 
to those facilities that have established records for res-
cuing or rehabilitating sick and stranded marine mammals 
in each of the respective regions, or subregions. 
‘‘(C) In determining the priorities among such re-
gions, the Secretary may consider—
‘‘(i) any episodic stranding or any mortality 
event other than an event described in section 
410(6), that occurred in any region in the preceding 
year; 
‘‘(ii) data regarding average annual strandings 
and mortality events per region; and
‘‘(iii) the size of the marine mammal popu-
lations inhabiting a geographic area within such a 
region. 
‘‘(4)(A) Except as provided in subparagraph (B), the 
Secretary may provide assistance under paragraph (1)(D) 
only with respect to stranding events that—
‘‘(i) are unexpected; 
‘‘(ii) are not an unusual mortality event as de-
fined in section 409(6); and 
‘‘(iii) lead to an immediate increase in required 
costs to stranding response, recovery, or rehabilita-
tion above regularly scheduled costs. 
‘‘(B) Notwithstanding subparagraph (A), the Sec-
retary may provide assistance under paragraph (1)(D) 
with respect to stranding events that—
‘‘(i) are cyclical or endemic; or 
‘‘(ii) involve out-of-habitat animals.’’. 
(2) Subsection (b) is amended by striking ‘‘a 
grant’’ and inserting ‘‘financial assistance’’. 
(3) Subsection (c) is amended—
(A) by striking ‘‘grant’’ and inserting ‘‘fi-
nancial assistance’’; and 
(B) by striking ‘‘grants’’ and inserting 
‘‘funds’’.
(4) Subsection (e) is amended by striking ‘‘a 
grant’’ each place it appears and inserting ‘‘funds’’.
(5) Subsection (h) is amended—
(A) by striking ‘‘2001 through 2003’’ and 
inserting ‘‘2004 through 2008’’; 
(B) by redesignating paragraph (1) as sub-
paragraph (A) and paragraph (2) as subpara-
graph (B); 
(C) by inserting ‘‘(1)’’ before ‘‘There are 
authorized’’; and 
(D) by adding at the end the following: 
‘‘(2) In addition to the amounts authorized by para-
graph (1), there are authorized to be appropriated to the 
Secretary to carry out subsection (a)(1)(D) $2,000,000 
for each of fiscal years 2004 through 2008. The Secretary 
may allocate amounts appropriated under this paragraph 
at the Secretary’s discretion, and may use such amounts 
to provide assistance under this section without regard to 
the limitations of subsections (d) and (e), to reimburse 
persons who respond to stranding events that qualify for 
emergency assistance under subsection (a)(4).’’. 
(6) At the end of the section add the following: 
‘‘(i) DELEGATION OF AUTHORITY.—The Secretary 
may delegate to another Federal instrumentality, other 
than the Marine Mammal Commission, the authority of
the Secretary under this section, other than the authority 
to approve applications for grants and make grants.’’. 
SEC. 304. STRANDING AND ENTANGLEMENT RESPONSE. 
(a) 
COLLECTION
OF
INFORMATION.—Section 
402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) is amended by 
inserting the words ‘‘or entangled’’ after the word 
‘‘stranded’’. 
(b) RESPONSE AGREEMENTS.—
(1) IN
GENERAL.—Section 403 (16 U.S.C. 
1421b) is amended—
(A) in the section heading by inserting 
‘‘OR 
ENTANGLEMENT’’ 
after 
‘‘STRANDING’’; and 
(B) in subsection (a) by inserting ‘‘or en-
tanglement’’ before the period at the end. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section is amended by striking the 
item relating to section 403 and inserting the fol-
lowing:
‘‘Sec. 403. Stranding and entanglement response agreements.’’.
(c) LIABILITY.—Section 406(a) (16 U.S.C. 1421e(a)) 
is amended by striking so much as precedes paragraph 
(1) and inserting the following: 
‘‘(a) IN GENERAL.—A person who is authorized to 
respond to a stranding or entanglement pursuant to an
agreement entered into under section 112(c) is deemed to
be an employee of the Government for purposes of chapter 
171 of title 28, United States Code, with respect to actions 
that are—’’. 
SEC. 305. ENTANGLEMENT DEFINITION. 
Section 410 (16 U.S.C. 1421h) is amended by adding 
at the end the following: 
‘‘(7) The term ‘entanglement’ means an event 
in the wild in which a living or dead marine mammal 
has gear, rope, line, net, or other material wrapped 
around or attached to it and is—
‘‘(A) on a beach or shore of the United 
States; or 
‘‘(B) in waters under the jurisdiction of 
the United States (including any navigable wa-
ters).’’. 
SEC. 306. UNUSUAL MORTALITY EVENT FUNDING. 
Section 405(c)(2) (16 U.S.C. 1421d(c)(2)) is amend-
ed by striking ‘‘for use with respect to unusual mortality 
events’’ and inserting ‘‘under this Act’’. 
SEC. 307. 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; ANNUAL REPORT.—The Sec-
retary is authorized to make grants, or to provide financial
assistance in such other form as the Secretary considers 
appropriate, to any Federal or State agency, public or pri-
vate institution, or other person for the purpose of assist-
ing such agency, institution, or person to undertake re-
search 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. The Secretary shall include a descrip-
tion of the annual results of research carried out with as-
sistance under this section in the report required under 
section 103(f).’’; and 
(2) by striking subsections (c) and (d). 
SEC. 308. PENALTIES. 
Section 105 (16 U.S.C. 1375) is amended—
(1) by striking so much as precedes subsection 
(a)(2) and inserting the following: 
‘‘(a)(1) Any person who violates any provision of this 
title, or of any permit or regulation issued under this title, 
may be assessed a civil penalty by the Secretary of not 
more than $50,000 for each such violation, except as pro-
vided in section 118. No penalty shall be assessed unless 
such person is given notice and opportunity for a hearing 
with respect to such violation. Each unlawful taking, im-
portation, exportation, sale, purchase, or transport and
each day on which unlawful fishing is conducted in viola-
tion of section 118(c)(3)(B) shall be a separate offense. 
Any such civil penalty may be remitted or mitigated by 
the Secretary for good cause shown. Upon any failure to 
pay a penalty assessed under this subsection, the Sec-
retary may request the Attorney General to institute a 
civil action in a district court of the United States for any 
district in which such person is found, resides, or transacts 
business to collect the penalty and such court shall have 
jurisdiction to hear and decide any such action.’’; and 
(2) in subsection (b)—
(A) by striking ‘‘$20,000’’ and inserting 
‘‘$100,000’’; and 
(B) by adding at the end the following: ‘‘, 
except that if in the commission of any offense 
described in section 102(g) the person uses a 
dangerous weapon, engages in conduct that 
causes bodily injury to any person authorized 
by the Secretary to enforce this title, or places 
any such person in fear of imminent bodily in-
jury, the offense is punishable by a fine under 
title 18, United States Code, or imprisonment 
for not more than 10 years, or both’’.
SEC. 309. USE OF FINES AND PENALTIES. 
(a) FINES AND PENALTIES COLLECTED BY UNITED 
STATES FISH AND WILDLIFE SERVICE.—Title I of the 
Department of the Interior Appropriations Act, 2000 (16 
U.S.C. 1375a; 113 Stat. 1501A–139) is amended under 
the heading ‘‘UNITED STATES FISH
AND WILDLIFE 
SERVICE—RESOURCE MANAGEMENT’’, by inserting ‘‘and 
penalties’’ after ‘‘fines’’. 
(b) FINES AND PENALTIES COLLECTED BY NOAA.—
Section 105 (16 U.S.C. 1375) is amended by adding at 
the end the following: 
‘‘(c) USE OF FINES AND PENALTIES.—
‘‘(1) DEPOSIT.—All fines and penalties col-
lected by the Secretary of the department in which 
the National Oceanic and Atmospheric Administra-
tion is operating for violations of this Act or regula-
tions issued under this Act shall be deposited into a 
separate account in the Treasury. 
‘‘(2) USE.—Amounts deposited under para-
graph (1)—
‘‘(A) may be used by the Secretary of 
Commerce, subject to appropriations, for ex-
penses incurred by the Secretary of Com-
merce—
‘‘(i) in enforcing the Act; or
‘‘(ii) in administering activities for the 
protection and recovery of marine mammal 
species under the administrative jurisdic-
tion of the Secretary of Commerce; and 
‘‘(B) shall remain available until ex-
pended.’’.
SEC. 310. VESSEL FINES AND CARGO FORFEITURE. 
Section 106 (16 U.S.C. 1376) is amended—
(1) in subsection (a) by inserting ‘‘or in fishing 
in violation of section 118(c)(3)(A)(i), (iii), (iv), or 
(v),’’ after ‘‘that is employed in any manner in the 
unlawful taking of any marine mammal’’; 
(2) in subsection (a) by inserting ‘‘or unlawful 
fishing’’ after ‘‘in connection with the unlawful tak-
ing of a marine mammal’’; 
(3) in subsection (b) by inserting ‘‘or in fishing 
in violation of section 118(c)(3)(A)(i), (iii), (iv), or 
(v),’’ after ‘‘that is employed in any manner in the 
unlawful taking of any marine mammal’’; and 
(4) in subsection (b) by striking ‘‘$25,000’’ and 
inserting ‘‘$50,000’’. 
SEC. 311. ENFORCEMENT. 
Section 107(b) (16 U.S.C. 1377(b)) is amended by 
adding at the end the following: ‘‘The Secretary shall seek 
to enter into agreements pursuant to section 112(c) with
retary or under any contract to any person to 
carry out responsibilities under this Act; 
‘‘(3) resist a lawful arrest for any act prohib-
ited under this title; 
‘‘(4) interfere with, delay, or prevent, by any 
means, the apprehension or arrest of any person, 
knowing such person has committed any act prohib-
ited by this title; or 
‘‘(5) knowingly and willfully submit false infor-
mation to any person authorized by the Secretary to 
implement or enforce the provisions of this title.’’. 
SEC. 313. CALIFORNIA SEA OTTER FISHERY INTERACTIONS. 
Section 118(a)(4) (16 U.S.C. 1387(a)(4)) is amended 
by adding at the end the following: ‘‘Notwithstanding the 
preceding sentence, the Secretary shall include informa-
tion concerning California sea otters in the list of fisheries 
published pursuant to subsection (c)(1) and shall include 
that species in determinations regarding monitoring pro-
grams pursuant to subsection (d).’’. 
SEC. 314. PINNIPED RESEARCH. 
Section 120 (16 U.S.C. 1389) is further amended by 
adding at the end the following: 
‘‘(f) RESEARCH ON NONLETHAL REMOVAL AND CON-
TROL.—
‘‘(1) RESEARCH PLAN.—The Secretary shall de-
velop a research plan and conduct research on the 
nonlethal removal, deterrence, and control of nui-
sance pinnipeds. The research plan shall include a 
review of measures that have been taken to effect 
such removal and the effectiveness of those meas-
ures, and shall propose research to test new tech-
nologies that deter nuisance pinnipeds while mini-
mizing the potential for impacts on other marine 
mammal species and on the marine environment. 
The development and testing of safe, nonlethal re-
moval, deterrence and control methods may include 
the humane take of marine mammals by Level B 
harassment.
‘‘(2) PARTICIPANTS.—The Secretary shall con-
sult with the Marine Mammal Commission in selec-
tion of the individuals that develop the research plan 
under this subsection, and shall include among the 
individuals selected representatives of academic and 
scientific organizations, environmental groups, com-
mercial and recreational fisheries groups, gear tech-
nologists, and others as the Secretary considers ap-
propriately qualified. 
‘‘(3) USE OF INDEPENDENT INSTITUTIONS.—In 
developing and conducting the research program, the
Secretary is encouraged, where appropriate, to use 
research institutions that are independent of the 
Federal Government. 
‘‘(4) ANNUAL
REPORT.—The Secretary shall, 
by March 31 of each year, submit an annual report 
on the results of research and recommendations for 
future research priorities under this subsection to 
the Committee on Resources of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(5) PUBLIC
REVIEW
AND
COMMENT.—The 
Secretary shall make the report and recommenda-
tions submitted under paragraph (4) available to the 
public for review and comment for a period of 90 
days before submission under paragraph (4).
‘‘(6) DONATIONS.—For the purposes of car-
rying out this section, the Secretary may accept, so-
licit, receive, hold, administer, and use gifts, devices, 
in-kind contributions, and bequests. 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Sec-
retary $2,000,000 for each fiscal year to carry out 
this subsection. 
‘‘(g) NONLETHAL CONTROL GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may, to the 
extent amounts are available to carry out this sec-
tion, provide a grant to any eligible applicant to 
carry out a qualified nonlethal control project in ac-
cordance with this subsection.
‘‘(2) FUNCTIONS OF THE SECRETARY.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) publish guidelines for and solicit 
applications for grants under this sub-
section not later than 6 months after the 
date of enactment of this subsection; and 
‘‘(ii) receive, review, evaluate, and ap-
prove applications for grants under this 
subsection. 
‘‘(B) ADVICE.—To obtain advice regarding 
proposed grants under this subsection, includ-
ing advice on the scientific merit, technical 
merit, and feasibility of a proposed grant, the 
Secretary shall consult with the individuals that 
develop the research plan under subsection (f). 
‘‘(C) DELEGATION
OF
AUTHORITY.—The 
Secretary may delegate to another Federal in-
strumentality the authority of the Secretary 
under this subsection, other than the authority
to approve applications for grants and make 
grants. 
‘‘(3) ELIGIBLE APPLICANT.—To be an eligible 
applicant for purposes of paragraph (1), an appli-
cant shall—
‘‘(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 non-lethal control of nuisance 
pinnipeds project. 
‘‘(4) QUALIFIED CONTROL PROJECT.—To be a 
qualified control project under this subsection, a 
project shall—
‘‘(A) by humane and nonlethal means, re-
move, 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 af-
fected 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 in-
formation on the methods and techniques used 
to control nuisance pinniped species in the 
project area, and on the ensuing results. 
‘‘(7) COST SHARING FOR PROJECTS.—
‘‘(A) FEDERAL
SHARE.—Except as pro-
vided 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 CONTRIBU-
TIONS.—The Secretary may apply to the non-
Federal share of costs of a control project car-
ried 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 deter-
mines to be an appropriate contribution equiva-
lent 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 Fed-
eral grant program or other Federal funds. 
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary $1,500,000 annually to carry out the provi-
sions of this subsection. 
‘‘(h) CLARIFICATION.—Nothing in this section shall 
be interpreted as suspending or waiving requirements 
under title I.’’. 
SEC. 315. DETERRENCE OF MARINE MAMMALS. 
(a) 
REGULATIONS.—Section 
101(a)(4)(B) 
(16 
U.S.C. 1371(a)(4)(B)) is amended—
(1) by striking ‘‘a list of guidelines for use in’’ 
and inserting ‘‘final regulations to implement this 
paragraph. Such regulations shall include permis-
sible measures for’’; 
(2) by striking ‘‘safely deterring marine mam-
mals’’ and inserting ‘‘safely and non-lethally deter-
ring marine mammals while minimizing the potential
final regulations issued under subparagraph 
(B). The burden of proof shall be on the peti-
tioner to demonstrate that the proposed meas-
ure is safe and effective. If the Secretary finds, 
based on the best available scientific informa-
tion, and after notice and opportunity for public 
comment, that the proposed measure is a safe 
and effective means of non-lethal deterrence of 
marine mammals, the Secretary shall amend 
the final regulations issued under subparagraph 
(B) to add such measure to the list of permis-
sible measures and shall promptly publish no-
tice of such action in the Federal Register.’’.
SEC. 316. CUMULATIVE TAKES. 
Section 
101(a)(5)(D)(i)(I) 
(16 
U.S.C. 
1371(a)(5)(D)(i)(I)) is amended to read as follows: 
‘‘(I) will have a negligible impact on such spe-
cies or stock, with consideration given to all reason-
ably foreseeable activities, including such activities 
that may occur beyond the 1-year authorization pe-
riod, and that may cumulatively result in more than 
a negligible impact;’’.
SEC. 317. REPORT ON EMERGING THREATS TO MARINE 
MAMMALS. 
(a) IN GENERAL.—The Chairman of the Marine 
Mammal Commission shall, after consultation with inter-
ested parties and by not later than January 1, 2005, 
transmit to the Secretary of Commerce and the Secretary 
of the Interior, the Committee on Resources of the House 
of Representatives, and the Committee on Commerce, 
Science, and Transportation of the Senate, and make 
available to the public, a report on emerging threats to 
marine mammals. The report shall be developed by the 
Commission and its Committee of Scientific Advisers on 
Marine Mammals in consultation with individuals with 
knowledge and experience in marine science, atmospheric 
science, chemical and physical oceanography, organic and 
inorganic chemistry, and marine conservation. 
(b) SUBJECTS.—The report shall—
(1) identify and assess the magnitude of emerg-
ing and existing threats to marine mammal stocks; 
(2) evaluate the health of marine mammal 
stocks in the wild, and correlate that information 
with data on physical, chemical, and biological envi-
ronmental parameters; 
(3) identify data gaps and provide a research 
plan to fill such gaps; and
(4) provide recommendations for regulations or 
statutory changes to the Marine Mammal Protection 
Act of 1972 to mitigate such threats. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Marine Mammal 
Commission to carry out this section $1,500,000 for fiscal 
year 2004.
SEC. 318. SHIP STRIKE REDUCTION PLAN. 
(a) IN GENERAL.—The Secretary of Commerce shall 
publish in the Federal Register, within 1 year after the 
date of the enactment of this Act, and implement a ship 
strike reduction plan with a goal to reduce, within 5 years 
after the first date of the implementation of the plan, the 
mortality and serious injury of North Atlantic right whales 
caused by ship strikes to levels approaching zero. 
(b) CONTENTS.—The ship strike reduction plan shall 
include—
(1) a review of the information in the most re-
cent stock assessment for North Atlantic right 
whales published under section 117(b) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 
1386(b)), and any substantial new information; 
(2) an estimate of the total number and, if pos-
sible, ages and genders, of North Atlantic right
whales that are being lethally taken or seriously in-
jured each year by ship strikes; 
(3) regulatory or other measures that the Sec-
retary will take to reduce mortality and serious in-
jury caused by ship strikes; 
(4) dates for achieving the specific objectives, 
and enactment of the regulatory measures, included 
in the plan; and 
(5) recommendations for any additional author-
ity needed by the Secretary to implement a plan de-
scribed in this section. 
SEC. 319. STOCK ASSESSMENT PRIORITIES AND GENERAL 
RE-EVALUATION. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this section, the Secretary of 
Commerce shall reconvene the regional scientific review 
groups authorized under section 117(d) of the Marine 
Mammal Protection Act of 1973 (16 U.S.C. 1386(d)). 
(b) SUBJECTS.—In addition to the subjects listed in 
section 117(d) (1) of such Act, the regional scientific re-
view groups shall advise the Secretary on—
(1) which stock assessments are obsolete and in 
need of revision; 
(2) priorities among stock assessment reviews; 
and
(3) any necessary changes to the revised list of 
fisheries published under section 118(c)(1) of that 
Act (16 U.S.C. 1387(c)(1). 
(c) REPORT TO CONGRESS.— Not later than 2 years 
after the date of the enactment of this section, the Sec-
retary shall compile recommendations from the regional 
scientific review groups into a final strategy to update and 
complete all stock assessments and report such compila-
tion to the Congress. 
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section there is appropriated to the Secretary of 
Commerce $1,000,000 for each of fiscal years 2004 and 
2005.
TITLE IV—FISHERIES 
INTERACTIONS 
SEC. 401. FISHERY INTERACTION. 
(a) IN GENERAL.—Section 118 (16 U.S.C. 1387) is 
amended—
(1) in subsection (c)(3) by amending so much 
as precedes subparagraph (B) to read as follows: 
‘‘(3)(A) An owner of a vessel engaged in a fishery 
listed under paragraph (1)(A)(i) or (ii), and the master 
or operator of any such vessel, shall, in order to engage 
lawfully in that fishery—
‘‘(i) have registered under paragraph (2) with 
the Secretary in order to obtain for each such vessel 
owned and used in the fishery an authorization for 
the purpose of incidentally taking marine mammals 
in accordance with this section; 
‘‘(ii) ensure that a decal or such other physical 
evidence of a Current and valid authorization as the 
Secretary may require is displayed on or is in the 
possession of the master of each such vessel; 
‘‘(iii) report as required by subsection (e); 
‘‘(iv) comply with any applicable take reduction 
plan and emergency regulations issued under this 
section; and 
‘‘(v) take on board an observer if requested to 
do so by the Secretary.’’; 
(2) in subsection (c)(3) by striking subpara-
graph (B) and redesignating subparagraphs (C), 
(D), and (E) as subparagraphs (B), (C), and (D), 
respectively; 
(3) in subsection (c)(3)(B), as so redesignated, 
by striking ‘‘or’’ after the semicolon at the end of 
clause (ii), by striking the comma at the end of 
clause (iii) and inserting ‘‘; or’’, and by inserting 
after clause (iii) the following:
‘‘(iv) fails to take an observer when requested 
to do so by the Secretary,’’; 
(4) in subsection (c)(3)(B), as so redesignated 
and amended, in the matter after clause (iv) by 
striking ‘‘clauses (i) and (ii)’’ and all that follows 
and inserting ‘‘clauses (i), (ii), and (iv) shall be sub-
ject to the penalties, fines, and forfeiture under sec-
tions 105 and 106, and for violations of clause (iii) 
shall be subject to a fine of not more than $1,000 
for each offense.’’; 
(5) in subsection (d) by adding at the end the 
following: 
‘‘(10) The Secretary may establish a system of fees 
to pay for the costs of implementing an observer program 
established under this section.’’; 
(6) in subsection (f) by striking so much as pre-
cedes paragraph (2) and inserting the following: 
‘‘(f) TAKE REDUCTION PLANS.—(1)(A) The Sec-
retary shall develop and implement a take reduction plan 
designed to assist in the recovery or prevent the depletion 
of each strategic stock that 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.
‘‘(B) The Secretary may develop and implement a 
take reduction plan designed to assist in the recovery or 
prevent the depletion of any other marine mammals stocks 
that interact with a fishery listed under subsection 
(c)(1)(A)(i) that the Secretary determines, after notice 
and opportunity for public comment, has a high level of 
mortality and serious injury across a number of such ma-
rine mammal stocks. 
‘‘(C) Wherever possible, in coordination with an exist-
ing take reduction plan or team, the Secretary may de-
velop and implement a plan designed to assist in the recov-
ery or prevent the depletion of any other marine mammal 
stock for which the Secretary determines, after notice and 
opportunity for public comment, that competition between 
a commercial fishery and the stock of marine mammals 
for a fish species that constitute the marine mammal 
stock’s prey is having or is likely to have an adverse im-
pact on the marine mammal stock.’’; 
(7) in subsection (f)(6)(A) by striking ‘‘and’’ 
after the semicolon at the end of clause (i), by strik-
ing the period at the end of clause (ii) and inserting 
‘‘; and’’, and by adding at the end the following: 
‘‘(iii) assign a technical liaison, with commercial 
fishing expertise, to the team to provide information 
to team members regarding fishing practices and
gear usage during the take reduction plan develop-
ment process.’’; 
(8) in subsection (f)(7)(B) by adding at the end 
the following: 
‘‘(iii) The Secretary shall reconvene or other-
wise consult with the team to solicit comments on 
the proposed regulations and any proposed changes 
to the draft plan during the period of public review 
and comment.’’; 
(9) in subsection (j) by inserting ‘‘including ob-
server programs, research, and education and out-
reach programs,’’ after ‘‘For purposes of carrying 
out this section,’’; 
(10) in subsection (f)(6)(A)—
(A) by inserting ‘‘or (c)(1)(A)(ii)’’ after 
‘‘that interact with a fishery listed under sub-
section (c)(1)(A)(i)’’; and 
(B) by inserting ‘‘or (1)(B)’’ after ‘‘para-
graph (1)(A)’’; and 
(11) in subsection (f)(8) by inserting ‘‘or 
(c)(1)(A)(ii)’’ after ‘‘that interact with a fishery list-
ed under subsection (c)(1)(A)(i)’’. 
(b) CONFORMING AMENDMENT.—Section 118(4)(A) 
is 
amended 
by 
striking 
‘‘(3)(B)’’ 
and 
inserting 
‘‘(3)(A)(v)’’.
SEC. 402. 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) FISHING
GEAR
BUY-BACK
PROGRAM.—
Subject to the availability of appropriations, the Sec-
retary may establish a voluntary fishing gear buy-
back program, if such action is specifically provided 
for in a take reduction plan adopted pursuant to 
section 118(f) or in regulations promulgated pursu-
ant to section 118 (f) or (g).
‘‘(3) 
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 eliminate or reduce 
to the maximum extent practicable the incidental 
taking (including incidental mortality and serious in-
jury) 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