I
107TH CONGRESS
2D SESSION
H. R. 4781
To reauthorize the Marine Mammal Protection Act of 1972, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 2002
Mr. GILCHREST 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 2002’’.
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 NATIVE HANDI-
CRAFTS.
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 as
part of a cultural exchange, by an Indian,
Aleut, or Eskimo residing in Alaska; or
‘‘(ii) is owned by a Native inhabitant of
Russia, Canada, or Greenland and is exported
for noncommercial 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 Alaska.’’.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(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 2003;
‘‘(B) $17,280,000 for 2004;
‘‘(C) $17,971,000 for 2005;
‘‘(D) $18,670,000 for 2006; and
‘‘(E) $19,418,000 for 2007.
‘‘(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 2003 through 2007.’’.
(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 2003;
‘‘(2) $12,300,000 for 2004;
‘‘(3) $12,800,000 for 2005;
‘‘(4) $13,300,000 for 2006; and
‘‘(5) $13,800,000 for 2007.’’.
SEC. 6. TAKE REDUCTION PLANS.
Section 118 (16 U.S.C. 1387) is amended—
(1) in subsections (f)(4)(B) and (f)(5)(B), by
inserting ‘‘and recreational’’ after ‘‘commercial’’;
(2) 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 Adminis-
tration, a representative of the National Marine
Fisheries Service having responsibilities related to
fisheries science, a representative of the National
Marine Fisheries Service having responsibilities re-
lated to law enforcement, and a representative of the
appropriate National Marine Fisheries Service Re-
gional Administrator’’;
(3) in subsection (f)(7)(B)(i) by adding at the
end the following: ‘‘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 be-
tween the published plan and the draft plan pro-
posed by the team.’’; and
(4) in subsection (j) by inserting ‘‘including ob-
server, 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) 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 2003;
‘‘(2) $2,050,000 for fiscal year 2004;
‘‘(3) $2,100,000 for fiscal year 2005;
‘‘(4) $2,150,000 for fiscal year 2006; and
‘‘(5) $2,200,000 for fiscal year 2007.’’.
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. EMERGENCY ASSISTANCE FOR SUBSISTENCE
WHALE HUNTERS.
Section 5 of the Whaling Convention Act of 1949 (16
U.S.C. 916c) is amended by adding at the end the fol-
lowing:
‘‘(c) The prohibitions of this section shall not apply
to use of a vessel to tow a whale taken in a traditional
subsistence whale hunt permitted by Federal law and con-
ducted in waters off the coast of Alaska, if such towing
is performed upon a request for emergency assistance
made by a subsistence whale hunting organization for-
mally recognized by an agency of the United States Gov-
ernment, or made by a member of such an organization,
to prevent the loss of a whale.’’.
SEC. 11. EXTENSION.
Section 104(c)(5)(D) (16 U.S.C. 1374(c)(5)(D)) is
amended by striking ‘‘the date of the enactment of the
Marine Mammal Protection Act Amendments of 1994’’
and inserting ‘‘February 18, 1997’’.
SEC. 12. POLAR BEAR PERMITS.
Section 104 (16 U.S.C. 1374) is amended—
(1) 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)’’;
(2) 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
(3) 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. 13. 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. 14. MARINE MAMMAL COMMISSION ADMINISTRATION.
Section 206(4) (16 U.S.C. 1406(4)) is amended by
striking ‘‘(but at rates for individuals not to exceed $100
per diem)’’.
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