IB 
Union Calendar No. 481
108TH CONGRESS 
2D SESSION 
H. R. 5104
[Report No. 108–787] 
To amend the Marine Mammal Protection Act of 1972 to authorize appropria-
tions for the John H. Prescott Marine Mammal Rescue Assistance Grant 
Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2004
Mr. GILCHREST introduced the following bill; which was referred to the 
Committee on Resources 
NOVEMBER 19, 2004
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To amend the Marine Mammal Protection Act of 1972 to 
authorize appropriations for the John H. Prescott Ma-
rine Mammal Rescue Assistance Grant Program, 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 ‘‘Prescott Marine Mam-
mal Stranding Program Amendments of 2004’’. 
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. AUTHORIZATIONS OF APPROPRIATIONS FOR JOHN 
H. PRESCOTT MARINE MAMMAL RESCUE AS-
SISTANCE GRANT PROGRAM. 
(a) 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 2005 through 
2009’’. 
(b) MARINE MAMMAL UNUSUAL MORTALITY EVENT 
FUND.—Section 409(3) (16 U.S.C. 1421g(3)) is amended 
by striking ‘‘$500,000 for fiscal year 1993’’ and inserting 
‘‘$125,000 for each of fiscal years 2005 through 2009’’. 
(c) ADMINISTRATIVE COSTS AND EXPENSES.—Sec-
tion 408 (16 U.S.C. 1421f–1) is amended—
(1) by adding at the end of subsection (a)(1) 
the following: ‘‘All funds available to implement this 
section shall be distributed to eligible stranding net-
work participants for the purposes set forth in this 
paragraph, except as provided in subsection (f).’’; 
and 
(2) by amending subsection (f) to read as fol-
lows: 
‘‘(f) ADMINISTRATIVE COSTS AND EXPENSES.—Of 
the amounts available each fiscal year to carry out this 
section, the Secretary may expend not more than 6 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).’’. 
(d) CONTRIBUTIONS.—Section 408 (16 U.S.C. 
1421f–1) is further amended by adding at the end the fol-
lowing: 
‘‘(i) CONTRIBUTIONS.—For purposes of carrying out 
this section, the Secretary may solicit, accept, receive, 
hold, administer, and use gifts, devises, and bequests.’’. 
SEC. 4. 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 SECTION.—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. 5. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL 
PRODUCTS. 
(a) IN GENERAL.—Section 101(a)(6) (16 U.S.C. 
1371(a)(6)) is amended by redesignating subparagraph 
(B) as subparagraph (C), and by inserting after subpara-
graph (A) the following: 
‘‘(B) A marine mammal product may be ex-
ported from the United States if the product—
‘‘(i) is legally possessed, and exported by, 
a citizen of the United States for noncommer-
cial purposes in conjunction with travel outside 
the United States and the product is imported 
into the United States by the same person upon 
the termination of travel; 
‘‘(ii) is legally possessed, and exported by, 
a person that is not a citizen of the United 
States for noncommercial purposes;
‘‘(iii) is legally possessed and exported as 
part of a cultural exchange, by an Indian, 
Aleut, or Eskimo residing in Alaska; or 
‘‘(iv) 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.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
101(a)(6)(A)(i) (16 U.S.C. 1371(a)(6)(A)(i)) is amended 
by inserting ‘‘for noncommercial purposes’’ after ‘‘United 
States’’ the first place it appears. 
SEC. 6. TAKE REDUCTION PLANS. 
(a) IN GENERAL.—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 
2004—
‘‘(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) commercial and recreational fisheries 
that have frequent incidental mortality and seri-
ous injury of marine mammals; 
‘‘(ii) commercial and recreational fisheries 
that have occasional incidental mortality and 
serious injury of marine mammals; 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) in the matter pre-
ceding clause (i) by striking ‘‘a commercial fishery’’ 
and inserting ‘‘that fishery’’. 
(6) In subsection (c)(3)(E) by inserting ‘‘com-
mercial’’ after ‘‘any’’. 
(7) In subsection (c)(5)(B) by striking ‘‘com-
mercial’’. 
(8) 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)’’. 
(9) 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)’’. 
(10) 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)’’. 
(D) In subparagraph (C) by striking ‘‘com-
mercial fisheries’’ and inserting ‘‘fisheries listed 
under subsection (c)(1)(A)(i) or (ii)’’. 
(11) 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)’’. 
(12) 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’’. 
(13) In subsection (f) by striking so much as 
precedes paragraph (2) and inserting the following: 
‘‘(f) TAKE REDUCTION PLANS.—(1) The Secretary 
shall develop and implement a take reduction plan de-
signed to assist in the recovery or prevent the depletion 
of each strategic stock which 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. The 
Secretary may develop and implement a take reduction 
plan for any other marine mammal stocks which interact 
with a fishery listed under subsection (c)(1)(A)(i) which 
the Secretary determines, after notice and opportunity for 
public comment, has a high level of mortality and serious 
injury across a number of such marine mammal stocks.’’. 
(14) 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)’’. 
(15) In subsection (f)(3) by striking ‘‘commer-
cial’’. 
(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) ZERO MORTALITY RATE GOAL AMENDMENTS.—
Section 118 (16 U.S.C. 1387) is amended in subsections 
(a)(1) and (b)(1) by striking ‘‘within 7 years after the date 
of enactment of this section’’ each place it appears. 
(d) 
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. 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. 
‘‘(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) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary $1,500,000 for each of fiscal years 2005 
through 2009. 
‘‘(9) CLARIFICATION.—Nothing in this sub-
section shall be interpreted as suspending or waiving 
any requirement under any other provision of this 
Act.’’. 
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 (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. 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 10-year period beginning October 31, 
1999. 
SEC. 10. 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), except that this paragraph shall not apply to 
the temporary release of any marine mammal that 
is—
‘‘(A) maintained in captivity under section 
7524 of title 10, United States Code (including 
any 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. 11. TROPICAL TREATY CONFORMING AMENDMENT. 
Subsection (c) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385) is amended in para-
graph (2) by striking ‘‘160 degrees west longitude’’ and 
inserting ‘‘150 degrees west longitude’’. 
SEC. 12. PERMIT CLARIFICATIONS. 
(a) CLARIFICATIONS.—Section 104 (16 U.S.C. 1374) 
is amended as follows: 
(1) Subsection (c)(7) is amended by inserting 
‘‘notwithstanding any other provision of law’’ after 
‘‘requesting the permit’’. 
(2) Subsection (c)(9) is amended to read as fol-
lows: 
‘‘(9)(A) No marine mammal may be exported—
‘‘(i) for the purpose of public display, 
unless the Secretary of Agriculture evalu-
ates and verifies, and thereafter notifies 
the Secretary, that the receiving facility 
meets standards that are comparable to 
the requirements that a person must meet 
to receive a permit under this subsection 
for that purpose; or 
‘‘(ii) for the purpose of scientific re-
search or enhancing the survival or recov-
ery of a species or stock, unless the receiv-
ing facility meets standards that are com-
parable to the requirements that a person 
must meet to receive a permit under this 
subsection for that purpose. 
‘‘(B) The Secretary may not require or request, 
through comity or any other means, that any marine 
mammal or its progeny remain subject to the juris-
diction of the United States when located in waters 
or on lands that are subject to the jurisdiction of an-
other country.’’. 
(3) Subsection (c)(10) is amended—
(A) in the first sentence by inserting ‘‘held 
within the lands and waters of the United 
States’’ after ‘‘marine mammals’’ each place it 
appears; 
(B) by inserting after the first sentence 
the following: ‘‘The Secretary shall update the 
inventory on an annual basis.’’; and 
(C) in subparagraph (D) by inserting 
‘‘ownership, or other’’ after ‘‘date of’’. 
(b) REVIEW
AND
REPORT
REGARDING
INVEN-
TORY.—
(1) REVIEW.—The Secretaries of Commerce 
and the Interior shall, by not later than 12 months 
after date of the enactment of this Act, jointly con-
duct a review of the inventory maintained under sec-
tion 104(c)(10) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1374(c)(10)), the use of the 
information in the inventory, and the costs, benefits, 
and issues associated with the development of an on-
line inventory. 
(2) CONSULTATION.—In conducting the review, 
the Secretary shall consult and solicit input from 
persons who are required to provide information for 
the inventory. 
(3) REPORT.—The Secretary shall submit a re-
port to Committee on Resources of the House of 
Representatives and the Committee on Commerce, 
Science and Transportation of the Senate on the 
findings of the review under this subsection. The re-
port shall include the following: 
(A) Recommendations on whether the in-
ventory should be maintained by the Secretary 
or by another person under contract. 
(B) How the Secretary would oversee 
maintenance of the inventory carried out under 
contract. 
(C) How public access and access by Fed-
eral agencies to the inventory can be main-
tained if the inventory is maintained under con-
tract.
(D) How the Secretary can minimize dupli-
cation on the information the Secretary receives 
from public display facilities and reduce the 
paper work burden on those facilities. 
(E) An estimate of the cost of maintaining 
the inventory. 
(F) A description of how the Secretary will 
ensure the secure maintenance of the data in 
the inventory. 
(G) An analysis of the potential that online 
availability of the information in the inventory 
could adversely affect the safety of the animals. 
SEC. 13. 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) 
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 reduce to the max-
imum extent practicable the incidental taking (in-
cluding incidental mortality and serious injury) 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 
Interior and the Marine Mammal Commission re-
garding the development of criteria for the awarding 
of grants under this subsection. 
‘‘(5) ADMINISTRATIVE
COSTS.—Of amounts 
available each fiscal year to carry out this sub-
section, the Secretary may expend not more than 
$40,000 to pay the administrative expenses nec-
essary to carry out this subsection. 
‘‘(6) CONTRIBUTIONS.—For purposes of car-
rying out this section, the Secretary may accept, so-
licit, receive, hold, administer, and use gifts, devises, 
and bequests. 
‘‘(f) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section there is authorized to be appro-
priated to the Secretary $1,500,000 for each of fiscal 
years 2005 through 2009.’’.
SEC. 14. 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 OF ASSISTANCE; ANNUAL RE-
PORT.—
‘‘(1) AUTHORIZATION
OF
ASSISTANCE.—The 
Secretary may make grants, or provide financial as-
sistance in such other form as the Secretary con-
siders appropriate, to any Federal or State agency, 
public or private institution, or other person for the 
purpose of assisting such agency, institution, or per-
son to undertake research in subjects that are rel-
evant to the protection and conservation of marine 
mammals, and the ecosystems upon which they de-
pend, including, but not limited to, the Bering/
Chukchi Sea ecosystem and the California coastal 
marine ecosystem. 
‘‘(2) INCLUSION
OF
INFORMATION
IN
RE-
PORTS.—The Secretary shall include a description of 
the annual results of research carried out with as-
sistance under this section in the report required 
under section 103(f). 
‘‘(3) CONTRIBUTIONS.—For purposes of car-
rying out this section, the Secretary may accept, so-
licit, receive, hold, administer, and use gifts, devises, 
and bequests.’’; and 
(2) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section there is authorized to be appro-
priated to the Secretary $1,500,000 for each of fiscal 
years 2005 through 2009.’’. 
SEC. 15. FINES AND PENALTIES. 
(a) FINES AND PENALTIES, GENERALLY.—Section 
105 (16 U.S.C. 1375) is amended—
(1) in subsection (a)(1) by striking ‘‘$10,000’’ 
and inserting ‘‘$20,000’’; and 
(2) in subsection (b) by striking ‘‘$20,000’’ and 
inserting ‘‘$30,000’’. 
(b) VESSEL PENALTY.—Section 106(b) (16 U.S.C. 
1376(b)) is amended by striking ‘‘$25,000’’ and inserting 
‘‘$35,000’’. 
SEC. 16. COOPERATIVE AGREEMENTS IN ALASKA. 
(a) DEFINITION OF DEPLETION AND DEPLETED.—
Section 3(1)(A) (16 U.S.C. 1362(1)(A)) is amended by 
striking ‘‘of this Act,’’ and inserting ‘‘and, for any stock 
subject to a cooperative management agreement with a 
harvest management plan entered into under section 119,
those Alaska Native organizations that are signatories to 
such an agreement,’’. 
(b) EXEMPTION OF TAKINGS FOR SUBSISTENCE OR 
AUTHENTIC
NATIVE
ARTICLES.—Section 101(b) (16 
U.S.C. 1371) is amended by striking ‘‘section 109’’ and 
inserting ‘‘sections 109 and 119(c) and (d)’’. 
(c) USE OF ALASKA NATIVE ORGANIZATIONS FOR 
ENFORCEMENT.—Section 107(a) (16 U.S.C. 1377(a)) is 
amended by inserting ‘‘, or of an Alaska Native organiza-
tion for purposes of enforcing this title pursuant to a har-
vest management plan with the organization under section 
119’’ after ‘‘Federal agency’’. 
(d) MARINE
MAMMAL
COMANAGEMENT
AGREE-
MENTS IN ALASKA.—Section 119 (16 U.S.C. 1388) is 
amended—
(1) by striking subsections (a), (b), and (d); 
(2) by redesignating subsection (c) as sub-
section (j); and 
(3) by inserting before subsection (j) (as so re-
designated) the following: 
‘‘(a) IN GENERAL.—The Secretary may enter into co-
operative management agreements with Alaska Native or-
ganizations to conserve and manage any stock of marine 
mammals and provide comanagement of subsistence use 
by Alaska Natives. Such agreements may include a har-
vest management plan governing Alaska Native subsist-
ence use for those stocks or species covered by the cooper-
ative management agreement. 
‘‘(b) MANAGEMENT PLAN REQUIREMENTS.—A har-
vest management plan under this section with an Alaska 
Native organization shall—
‘‘(1) apply only to Alaska Natives, as defined in 
section 101(b); 
‘‘(2) identify the signatories to the plan, and 
the stock or species and geographic area covered by 
the plan; 
‘‘(3) be based on biological information and tra-
ditional ecological knowledge; 
‘‘(4) provide for a sustainable harvest of each 
stock or species covered by the plan, and is designed 
to prevent populations of such stocks and species 
from becoming depleted; 
‘‘(5) have a clearly defined process and author-
ity for enforcement and implementation of any man-
agement prescriptions under the plan; and 
‘‘(6) specify the duration of the plan and set 
forth procedures for periodic review and termination 
of the plan. 
‘‘(c) IMPLEMENTING
REGULATIONS
AND
ORDI-
NANCES.—
‘‘(1) IN GENERAL.—An Alaska Native organiza-
tion may adopt regulations and ordinances that 
apply to Alaska Natives exclusively and that are con-
sistent with, and necessary to implement and en-
force, a harvest management plan entered into by 
the organization under this section. 
‘‘(2) DEPLETED STOCKS.—A regulation or ordi-
nance adopted pursuant to this subsection for a de-
pleted stock shall apply only to the extent the regu-
lation or ordinance is consistent with regulations 
issued by the Secretary under sections 101(b) and 
103 that apply to such stock. 
‘‘(d) PROHIBITION.—It is unlawful for any Alaska 
Native within the geographic area to which a harvest man-
agement plan under this section applies, to take, trans-
port, sell, or possess a marine mammal in violation of any 
regulation or ordinance adopted by an Alaska Native orga-
nization to implement and enforce a harvest management 
plan. 
‘‘(e) GRANTS.—Agreements entered into under this 
section may include a grant to Alaska Native organiza-
tions for, among other purposes—
‘‘(1) collecting and analyzing data on marine 
mammal populations;
‘‘(2) monitoring the harvest of marine mam-
mals for subsistence and handicraft uses; 
‘‘(3) participating in marine mammal research 
conducted by the Federal Government, the State of 
Alaska, academic institutions, and private organiza-
tions; and 
‘‘(4) developing marine mammal comanagement 
structures with Federal and State agencies, and im-
plementing, and enforcing any harvest management 
plan included in the agreement. 
‘‘(f) OPPORTUNITY FOR ADVANCE NOTICE AND COM-
MENT REGARDING PROPOSED REGULATIONS.—Before 
proposing any regulation under section 101(b) relating to 
the taking of a stock of marine mammals that is the sub-
ject of a harvest management plan under this section, the 
Secretary shall—
‘‘(1) solicit recommendations for such proposed 
regulation from each Alaska Native organization en-
gaged in harvest management of the species or stock 
pursuant to this section; and 
‘‘(2) provide to each such organization—
‘‘(A) each draft of the proposed regulation; 
‘‘(B) an analysis of how the proposed regu-
lation would achieve the goal of being the least
restrictive measures upon subsistence use of the 
stock and the conservation goals of the Act; and 
‘‘(C) an opportunity to comment on the 
proposed regulation prior to publication of any 
proposed regulations in the Federal Register. 
‘‘(g) PUBLIC NOTICE.—The Secretary shall publish 
each harvest management plan entered into under this 
section. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for the purposes of car-
rying out this section—
‘‘(1) 
to 
the 
Secretary 
of 
the 
Interior, 
$3,000,000 for each of fiscal years 2005 through 
2009; and 
‘‘(2) to the Secretary of Commerce, $3,000,000 
for each of fiscal years 2005 through 2009. 
‘‘(i) FACA EXEMPTION.—The Federal Advisory 
Committee Act (5 App. U.S.C.) shall not apply with re-
spect to the provision of any advice or recommendations 
to the Secretary by any Alaska Native organization (in-
cluding any scientific review group associated with such 
an organization), or the obtaining of any advice or rec-
ommendations by the Secretary from such an organiza-
tion, for the purpose of formulation or implementation of 
a cooperative management agreement under this section.’’.
SEC. 17. ANNUAL REPORT REQUIREMENT. 
Section 103 (16 U.S.C. 1373(f)) is amended—
(1) in subsection (f) in the first sentence, by in-
serting ‘‘and notwithstanding Public Law 104–66,’’ 
after ‘‘thereafter’’; and 
(2) by adding at the end the following: 
‘‘(g) The head of each Federal agency that conducts 
and provides funds for research on marine mammals shall 
report annually to the Committee on Resources of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on fund-
ing provided and research conducted regarding marine 
mammals during the preceding year.’’.
Union Calendar No. 481
108TH CONGRESS 
2D SESSION 
H. R. 5104
[Report No. 108–787] 
A BILL 
To amend the Marine Mammal Protection Act of 
1972 to authorize appropriations for the John H. 
Prescott Marine Mammal Rescue Assistance 
Grant Program, and for other purposes. 
NOVEMBER 19, 2004
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed