I 
109TH CONGRESS 
1ST SESSION H. R. 3839 
To amend the Marine Mammal Protection Act of 1972 to repeal the long- 
term goal for reducing to zero the incidental mortality and serious 
injury of marine mammals in commercial fishing operations, and to 
modify the goal of take reduction plans for reducing such takings. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2005 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the Marine Mammal Protection Act of 1972 to 
repeal the long-term goal for reducing to zero the inci-
dental mortality and serious injury of marine mammals 
in commercial fishing operations, and to modify the goal 
of take reduction plans for reducing such takings. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
The Congress finds the following: 
(1) The goal of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.) is to maintain
marine mammal species and population stocks at 
their optimum sustainable populations. 
(2) If the annual removals of individuals of a 
species or population stock of marine mammals do 
not exceed the potential biological removal level, the 
species or population stock will be maintained at, or 
reach, its optimum sustainable population. 
(3) 
Requiring 
that 
commercial 
fishermen 
achieve a zero mortality rate goal for a species or 
population stock of marine mammals that is equal to 
or less than 10 percent of the potential biological re-
moval of a given marine mammal species or popu-
lation stock is unnecessary to achieve that Act’s goal 
of maintaining species and stocks at their optimum 
sustainable population and penalizes commercial 
fishermen. 
(4) The Congress intended that the zero mor-
tality rate goal under that Act would be met if fish-
ermen use the best technology that is economically 
and technologically feasible. 
(5) Species and populations stocks of marine 
mammal that have reached historic levels are imped-
ing the recovery of endangered species and threat-
ened species through predation or competition in the 
ecosystem.
(6) The fundamental principles of ecosystem 
management are defeated by giving one species a 
preeminent position in the ecosystem through, impo-
sition of a zero mortality rate goal. 
(7) All persons that interact with marine mam-
mals should seek to reduce and eliminate marine 
mammal injuries and mortalities through the use of 
the best equipment and techniques that are economi-
cally and technologically feasible. 
SEC. 2. MODIFICATION OF GOALS FOR REDUCING INCI-
DENTAL TAKE OF MARINE MAMMALS IN COM-
MERCIAL FISHING. 
(a) REPEAL OF ZERO MORTALITY GOAL.—Section 
118 of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1387) is amended by striking subsection (b), and 
by redesignating subsections (c) through (l) in order as 
subsections (b) through (k). 
(b) CONFORMING AMENDMENTS.—Such Act is fur-
ther amended as follows: 
(1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) 
by striking the third sentence. 
(2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 
1371(a)(5)(E)(i)(III) by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection (c)’’.