I 
108TH CONGRESS 
1ST SESSION H. R. 2693
To reauthorize the Marine Mammal Protection Act of 1972, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2003
Mr. GILCHREST (for himself and Mr. POMBO) 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 Pro-
tection Act Amendments 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.). 
SEC. 3. 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’’. 
SEC. 4. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 
PRODUCTS. 
Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended 
by redesignating subparagraph (B) as subparagraph (C), 
and by inserting after subparagraph (A) the following: 
‘‘(B) A marine mammal product may be exported 
from the United States if the product—
‘‘(i) is legally possessed, and exported by, a cit-
izen of the United States in conjunction with travel 
outside the United States; 
‘‘(ii) is legally possessed and exported as part of 
a cultural exchange, by an Indian, Aleut, or Eskimo 
residing in Alaska; or
‘‘(iii) is owned by a Native inhabitant of Russia, 
Canada, or Greenland and is exported for non-
commercial purposes—
‘‘(I) in conjunction with, and upon the 
completion of, travel within the United States; 
or 
‘‘(II) as part of a cultural exchange with 
an Indian, Aleut, or Eskimo residing in Alas-
ka.’’. 
SEC. 5. MISCELLANEOUS AUTHORIZATIONS OF APPROPRIA-
TIONS. 
(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) $16,615,000 for 2004; 
‘‘(B) $17,280,000 for 2005; 
‘‘(C) $17,971,000 for 2006; 
‘‘(D) $18,670,000 for 2007; and 
‘‘(E) $19,418,000 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 
paragraphs (1) and (2) and inserting the following: 
‘‘(1) $2,000,000 to the Secretary of Commerce 
for each of fiscal years 2004 through 2008; and 
‘‘(2) $1,500,000 to the Secretary of the Interior 
for each of fiscal years 2004 through 2008.’’. 
SEC. 6. TAKE REDUCTION PLANS. 
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 
2003—
‘‘(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) fisheries that have frequent incidental 
mortality and serious injury of marine mam-
mals;
(ii) fisheries that have occasional incidental 
mortality and serious injury of marine mam-
mals; 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)—
(A) in the matter preceding clause (i) by 
striking ‘‘a commercial fishery’’ and inserting 
‘‘that fishery’’; and 
(B) in clause (i) by striking ‘‘this section,’’ 
and all that follows through the semicolon and 
inserting ‘‘this section;’’.
(6) In subsection (c)(5)(B) by striking ‘‘com-
mercial’’. 
(7) 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)’’. 
(8) 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)’’. 
(9) 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)’’. 
(10) 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)’’. 
(11) 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’’. 
(12) In subsection (f)(1) by striking ‘‘commer-
cial’’ each place it appears. 
(13) 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)’’. 
(14) In subsection (f)(3) by striking ‘‘commer-
cial’’. 
(15) 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)’’. 
(16) 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. 
(17) 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)’’. 
(18) In subsection (f)(6)(C) in the second sen-
tence, by inserting before the period the following: ‘‘, 
a representative of the office of General Counsel of 
the National Oceanic and Atmospheric Administra-
tion, a representative of the National Marine Fish-
eries Service having responsibilities related to fish-
eries science, a representative of the National Ma-
rine Fisheries Service having responsibilities related 
to law enforcement, and a representative of the ap-
propriate National Marine Fisheries Service Re-
gional Administrator’’. 
(19) 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 180 
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 
reconvene the team and explain to the 
team the differences between the published 
plan and the draft plan proposed by the 
team.’’; and 
(C) in subparagraph (B)(ii)—
(i) by striking ‘‘6 months’’ and insert-
ing ‘‘9 months’’; and
(ii) by striking ‘‘not later than 8 
months’’ and inserting ‘‘not later than 11 
months’’. 
(20) In subsection (f)(7)(C) by striking ‘‘Not 
later than 60 days’’ and inserting ‘‘Not later than 
180 days’’. 
(21) In subsection (f)(7)(D) by striking ‘‘com-
mercial’’. 
(22) In subsection (f)(8)—
(A) in subparagraph (C) by striking ‘‘Not 
later than 60 days’’ and inserting ‘‘Not later 
than 180 days’’; and 
(B) by striking ‘‘commercial’’ each place it 
appears. 
(23) In subsection (f)(9) as follows: 
(A) In subparagraph (A) by striking ‘‘com-
mercial fisheries or restrict commercial fish-
eries’’ and inserting ‘‘fisheries listed under sub-
section (c)(1)(A)(i) or (ii) or restrict such fish-
eries’’.
(B) In subparagraphs (B) and (C) by 
striking ‘‘commercial’’ each place it appears. 
(C) In subparagraph (D) by striking ‘‘com-
mercial fishing operations’’ and inserting ‘‘par-
ticipation in a fishery listed under subsection 
(c)(1)(A)(i) or (ii)’’. 
(24) In subsection (g)(1) by striking ‘‘commer-
cial fisheries’’ and inserting ‘‘fisheries listed under 
subsection (c)(1)(A)(i) or (ii)’’. 
(25) In subsection (g)(3)(B) by striking ‘‘com-
mercial’’. 
(26) In subsection (g)(4) by striking ‘‘commer-
cial fishery’’ and inserting ‘‘fishery listed under sub-
section (c)(1)(A)(i) or (ii)’’. 
(27) In subsection (j) by inserting ‘‘including 
observer, research, and education and outreach pro-
grams,’’ after ‘‘For purposes of carrying out this 
section,’’. 
SEC. 7. PINNIPED RESEARCH. 
Section 120 (16 U.S.C. 1389) is amended by adding 
at the end the following: 
‘‘(k) RESEARCH
ON NONLETHAL REMOVAL
AND 
CONTROL.—(1) The Secretary shall conduct research on 
the nonlethal removal and control of nuisance pinnipeds. 
The research shall include a review of measures that have 
been taken to effect such removal and control, the effec-
tiveness of these measures, and the development of new 
technologies to deter nuisance pinnipeds.
‘‘(2) The Secretary shall include, among the individ-
uals that develop the research program under this sub-
section, representatives of the commercial and recreational 
fishing industries. 
‘‘(3) The Secretary is encouraged, where appropriate, 
to use independent marine mammal research institutions 
in developing and in conducting the research program. 
‘‘(4) The Secretary shall, by December 31 of each 
year, submit an annual report on the results of research 
under this subsection to the Committee on Resources of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.’’. 
SEC. 8. MARINE MAMMAL COMMISSION. 
(a) NUMBER OF EMPLOYEES.—Section 206(5) (16 
U.S.C. 1406(5)) is amended by striking ‘‘; except that no 
fewer than 11 employees must be employed under para-
graph (1) at any time’’. 
(b) ADMINISTRATION.—Section 206(4) (16 U.S.C. 
1406(4)) is amended by striking ‘‘(but at rates for individ-
uals not to exceed $100 per diem)’’. 
(c) 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 purposes of carrying out 
this title—
‘‘(1) $2,000,000 for fiscal year 2004; 
‘‘(2) $2,050,000 for fiscal year 2005; 
‘‘(3) $2,100,000 for fiscal year 2006; 
‘‘(4) $2,150,000 for fiscal year 2007; and 
‘‘(5) $2,200,000 for fiscal year 2008.’’.
SEC. 9. SCRIMSHAW EXEMPTION. 
Any valid certificate of exemption referred to in sec-
tion 18 of Public Law 103–238 (16 U.S.C. 1539 note) 
that was valid under that section on April 29, 1999, shall 
be valid during the 8-year period beginning October 31, 
1999. 
SEC. 10. POLAR BEAR PERMITS. 
Section 104 (16 U.S.C. 1374) is amended—
(1) in subsection (c)(5)(D) by striking ‘‘the 
date of the enactment of the Marine Mammal Pro-
tection Act Amendments of 1994’’ and inserting 
‘‘February 18, 1997’’; 
(2) in subsection (d)(2) by inserting before the 
period at the end of the first sentence the following: 
‘‘, except for an application for a permit to import 
polar bear parts under subsection (c)(5)’’;
(3) in subsection (d)(5) by inserting before the 
period at the end of the last sentence the following: 
‘‘if a notice of application was published pursuant to 
paragraph (2) with respect to the permit’’; and 
(4) in subsection (c)(5) by adding at the end 
the following: 
‘‘(E) The Secretary shall make available to the public 
on a semiannual basis information concerning the permits 
issued or denied under this paragraph.’’. 
SEC. 11. CAPTIVE RELEASE PROHIBITION. 
Section 102(a) (16 U.S.C. 1372(a)) is amended—
(1) in paragraph (4) by striking ‘‘subsection 
104(c); and’’ and inserting ‘‘section 104(c);’’; 
(2) in paragraph (5) by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) for any person that is subject to the juris-
diction of the United States to release any captive 
marine mammal unless specifically authorized to do 
so under section 104(c)(3)(A), 104(c)(4)(A), or 
109(h).’’.
SEC. 12. STRANDING AND ENTANGLEMENT RESPONSE. 
(a) COLLECTION
AND
UPDATING
OF
INFORMA-
TION.—Section 402(b)(1)(A) (16 U.S.C. 1421a(b)(1)(A)) 
is amended by inserting ‘‘or entangled’’ after ‘‘stranding’’.
(b) ENTANGLEMENT RESPONSE AGREEMENTS.—
(1) IN
GENERAL.—Section 403 (16 U.S.C. 
1421b) is amended—
(A) by amending the section heading to 
read as follows: 
‘‘SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 
AGREEMENTS.’’; and 
(B) in subsection (a) by inserting ‘‘or en-
tanglement’’ before the period. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the end of the first section is amended by 
striking the item relating to section 403 and insert-
ing the following:
‘‘Sec. 403. Stranding or entanglement response agreements.’’.
(c) LIABILITY.—Section 406(a) (16 U.S.C. 1421e(a)) 
is amended by inserting ‘‘or entanglement’’ after ‘‘strand-
ing’’. 
(d) ENTANGLEMENT DEFINED.—
(1) IN
GENERAL.—Section 410 (16 U.S.C. 
1421h) is amended—
(A) 
by 
redesignating 
paragraphs 
(1) 
through (6) in order as paragraphs (2) through 
(7); and 
(B) by inserting before paragraph (2) (as 
so redesignated) the following:
‘‘(1) 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.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
408(a)(2)(B)(i) (16 U.S.C. 1421f–1)(a)(2)(B)(i)) is 
amended by striking ‘‘section 410(6)’’ and inserting 
‘‘section 410(7)’’. 
(e) AUTHORIZATIONS OF APPROPRIATIONS.—
(1) GRANT
PROGRAM.—Section 408(h) (16 
U.S.C. 1421f–1(h)) is amended by striking ‘‘fiscal 
years 2001 through 2003’’ and inserting ‘‘fiscal 
years 2004 through 2008’’. 
(2) 
FUND.—Section 
409(3) 
(16 
U.S.C. 
1421g(3)) is amended by striking ‘‘$500,000 for fis-
cal year 1993’’ and inserting ‘‘$125,000 for each of 
fiscal years 2004 through 2008’’. 
SEC. 13. DEFINITION OF HARASSMENT. 
Section 3(18) is amended to read as follows: 
‘‘(18)(A) The term ‘‘harassment’’ means any 
act that—
‘‘(i) has the probability to injure a marine 
mammal or marine mammal stock in the wild; 
‘‘(ii) has the potential to disturb a marine 
mammal or marine mammal stock in the wild 
by causing biologically significant disruption of 
activities, including, but not limited to, migra-
tion, breeding, care of young, predator avoid-
ance, defense, or feeding; or 
‘‘(iii) is directed toward a specific indi-
vidual, group, or stock of marine mammals in 
the wild and is likely to impact the individual, 
group, or stock of marine mammals by dis-
rupting behavior, including, but not limited to, 
migration, breeding, care of young, predator 
avoidance, defense, or feeding.
‘‘(B) The term ‘Level A harassment’ means 
harassment described in subparagraph (A)(i). 
‘‘(C) The term ‘Level B harassment’ means 
harassment described in subparagraph (A) (ii) or 
(iii).’’. 
SEC. 14. INCIDENTAL TAKINGS OF MARINE MAMMALS. 
Section 101(a)(5) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1371(a)(5)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘within a specified geo-
graphical region’’; and 
(B) by striking ‘‘within that region of 
small numbers’’; 
(2) in subparagraph (B)—
(A) by striking ‘‘within a specified geo-
graphical region’’; and 
(B) by striking ‘‘within one or more re-
gions’’; 
(3) in subparagraph (D)(i)—
(A) by striking ‘‘within a specific geo-
graphic region’’; 
(B) by striking ‘‘of small numbers’’; and 
(C) by striking ‘‘within that region’’; and 
(4) by adding at the end the following:
‘‘(F)(i) Not later than 120 days after the date 
of the enactment of the Marine Mammal Protection 
Act Amendments of 2003, the Secretary shall issue 
a general authorization and implementing regula-
tions allowing the incidental, but not the intentional, 
taking of marine mammals of a species or popu-
lation stock in the course of an activity, that will 
have a negligible impact on such species or stock. 
‘‘(ii) Any person seeking to engage in a activity 
under the general authorization shall submit to the
Secretary via certified mail, by not later than 60 
days before the commencement of such activity, a 
letter of intent containing the following: 
‘‘(I) The species or stocks of marine mam-
mals that may be incidentally taken. 
‘‘(II) The geographic location of the activ-
ity. 
‘‘(III) The period of time over which the 
activity will be conducted. 
‘‘(iii) Not later than 30 days after receipt of a 
letter of intent to conduct an activity under the gen-
eral authorization, the Secretary shall—
‘‘(I) determine that the general authoriza-
tion applies with respect to the conduct of the 
activity by the person, unless the Secretary 
finds that the activity is likely to have an 
unmitigable impact on such species or stocks; 
or 
‘‘(II) determine that the general authoriza-
tion does not apply with respect to the conduct 
of the activity by the person. 
‘‘(iv) The Secretary shall promptly send a letter 
to the person stating the determination of the Sec-
retary under clause (iii).’’.
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