(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 
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’’.
(21) In subsection (f)(7)(C) by striking ‘‘Not 
later than 60 days’’ and inserting ‘‘Not later than 
90 days’’. 
(22) In subsection (f)(7)(D) by striking ‘‘com-
mercial’’. 
(23) In subsection (f)(8)—
(A) in subparagraph (C) by striking ‘‘Not 
later than 60 days’’ and inserting ‘‘Not later 
than 180 days’’; and 
(B) by striking ‘‘commercial’’ each place it 
appears. 
(24) In subsection (f)(9) as follows: 
(A) In subparagraph (A) by striking ‘‘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)’’.
(25) In subsection (g)(1) by striking ‘‘commer-
cial fisheries’’ and inserting ‘‘fisheries listed under 
subsection (c)(1)(A)(i) or (ii)’’. 
(26) In subsection (g)(3)(B) by striking ‘‘com-
mercial’’. 
(27) In subsection (g)(4) by striking ‘‘commer-
cial fishery’’ and inserting ‘‘fishery listed under sub-
section (c)(1)(A)(i) or (ii)’’. 
(28) In subsection (j) by inserting ‘‘including 
observer, research, and education and outreach pro-
grams,’’ after ‘‘For purposes of carrying out this 
section,’’. 
(29) By amending subsection (d)(1)(C) to read 
as follows: 
‘‘(C) identify current fishery regulations and 
changes in fishing methods or technology that may 
increase or decrease incidental mortality and serious 
injury.’’. 
(30) In subsection (f)(2) in the last sentence by 
inserting ‘‘conservation benefits of’’ before ‘‘State or 
regional fishery management plans.’’. 
(31) By amending subsection (f)(4)(A) to read 
as follows: 
‘‘(A) a review of the information in the final 
stock assessment published under section 117(b),
any substantial new information, a review of the 
conservation benefits from current State and re-
gional fishery management regulations;’’. 
(b) STOCK
ASSESSMENTS.—Section 117(a)(4) is 
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and 
(3) by adding at the end the following: 
‘‘(E) potential conservation benefits pro-
vided by State and regional fishery manage-
ment regulations;’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E)) is amended by 
inserting ‘‘or recreational’’ after ‘‘commercial’’ each place 
it appears. 
SEC. 13. PINNIPED CONTROL PROGRAM. 
Section 120 (16 U.S.C. 1389) is amended by adding 
at the end the following: 
‘‘(k) NONLETHAL REMOVAL
AND CONTROL.—(1) 
The Secretary shall conduct a program on the nonlethal 
removal and control of nuisance pinnipeds. The program 
shall include a review of measures that have been taken 
to effect such removal and control, the effectiveness of
these measures, and the development of new technologies 
to deter nuisance pinnipeds. 
‘‘(2) The Secretary shall include, among the individ-
uals that develop the program under this subsection, rep-
resentatives of the commercial and recreational fishing in-
dustries and, as appropriate, individuals with scientific 
proficiency, technical credentials, and expertise. 
‘‘(3) The Secretary is encouraged, where appropriate, 
to use independent marine mammal research institutions 
in developing and in conducting the 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. 
‘‘(l) QUALIFIED NONLETHAL CONTROL PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary may, to the 
extent amounts are available to carry out this sub-
section, provide a grant to any eligible applicant to 
carry out a qualified nonlethal control project in ac-
cordance with this subsection. 
‘‘(2) APPLICATIONS.—The Secretary shall—
‘‘(A) publish guidelines for and solicit ap-
plications for grants under this subsection not
later than 6 months after the date of enactment 
of this subsection; and 
‘‘(B) receive, review, evaluate, and approve 
applications for grants under this subsection. 
‘‘(3) ELIGIBLE APPLICANT.—To be an eligible 
applicant for purposes of paragraph (1), an appli-
cant must—
‘‘(A) be a State, local government, or 
interstate or regional agency; and 
‘‘(B) have adequate personnel, funding, 
and authority to carry out and monitor or 
maintain a nonlethal control of nuisance 
pinnipeds project. 
‘‘(4) QUALIFIED CONTROL PROJECT.—To be a 
qualified control project under this subsection, a 
project must—
‘‘(A) by humane and nonlethal means, 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.—
‘‘(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) CLARIFICATION.—Nothing in this sub-
section shall be interpreted as suspending or waiving 
any requirement under any other provision of this 
Act.’’. 
SEC. 14. 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 (16 U.S.C. 
1406) is amended—
(1) in paragraph (4) by striking ‘‘(but at rates 
for individuals not to exceed $100 per diem)’’; and 
(2) in paragraph (5) by striking ‘‘Financial’’ 
and all that follows through the end of that sen-
tence.
SEC. 15. 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 ‘‘stranded’’. 
(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) JOHN H. PRESCOTT MARINE MAMMAL RESCUE 
ASSISTANCE GRANT PROGRAM.—
(1) AUTHORIZATION OF APPROPRIATIONS FOR 
GRANT
PROGRAM.—Section 408(h) (16 U.S.C. 
1421f–1(h)) is amended by striking ‘‘$5,000,000 for 
each of fiscal years 2001 through 2003’’ and insert-
ing ‘‘$5,000,000 for each of fiscal years 2007 
through 2010’’.
(2) ADMINISTRATIVE COSTS AND EXPENSES.—
Section 408 (16 U.S.C. 1421f–1) is amended—
(A) by adding at the end of subsection 
(a)(1) the following: ‘‘All funds available to im-
plement this section shall be distributed to eligi-
ble stranding network participants for the pur-
poses set forth in this paragraph and paragraph 
(2), except as provided in subsection (f).’’; and 
(B) by amending subsection (f) to read as 
follows: 
‘‘(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of 
the amounts available each fiscal year to carry out this 
section, the Secretary may expend not more than 5 per-
cent or $80,000, whichever is greater, to pay the adminis-
trative costs and administrative expenses to implement the 
grant program under subsection (a). Any such funds re-
tained by the Secretary for a fiscal year for such costs 
and expenses that are not used for such costs and ex-
penses before the end of the fiscal year shall be provided 
as grants under subsection (a).’’. 
(3) EMERGENCY ASSISTANCE.—Section 408 (16 
U.S.C. 1421f–1) is amended—
(A) in subsection (a) by redesignating 
paragraph (2) as paragraph (3), and by insert-
ing after paragraph (1) the following: