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.’’. 
SEC. 403. CLARIFICATION OF FISHERIES INCLUDED IN THE 
INCIDENTAL TAKE PROGRAM. 
(a) LISTED FISHERY DEFINED.—Section 3 (16 
U.S.C. 1362) is further amended by adding at the end 
the following: 
‘‘(33) The term ‘listed fishery’ means a fishery 
included on the list of fisheries published pursuant 
to section 118(c)(1).’’. 
(b) OTHER
CLARIFICATIONS.—Section 118 (16 
U.S.C. 1387) is amended—
(1) in subsection (a)(1) by striking ‘‘commercial 
fishing operations’’ and inserting ‘‘engaging in a list-
ed fishery’’; 
(2) in subsection (c)(1) by striking ‘‘, within 90 
days after the date of enactment of this section’’; 
(3) in subsection (c)(1)(A)—
(A) by striking ‘‘commercial’’ the first 
place it appears; and 
(B) by striking ‘‘commercial fisheries that 
have’’; 
(4) in subsection (c)(1)(A)(i) by inserting ‘‘fish-
eries that have’’ before ‘‘frequent incidental mor-
tality’’; 
(5) in subsection (c)(1)(A)(ii) by inserting 
‘‘fisheries that have’’ before ‘‘occasional incidental 
mortality’’; 
(6) in subsection (c)(1)(A)(iii) by inserting 
‘‘commercial fisheries that have’’ before ‘‘a remote 
likelihood’’; 
(7) in subsection (c)(2)(A) by striking ‘‘com-
mercial’’; and 
(8) in subsection (e)—
(A) by striking ‘‘commercial’’ each place it 
appears; and 
(B) by striking ‘‘Act’’ and inserting ‘‘sec-
tion’’. 
SEC. 404. CONFORMING AMENDMENTS TO THE CLARIFICA-
TION OF FISHERIES INCLUDED IN THE INCI-
DENTAL TAKE PROGRAM. 
(a) MORATORIUM EXCEPTIONS.—Section 101 (16 
U.S.C. 1371) is amended—
(1) in subsection (a)(2) by striking ‘‘commer-
cial’’ after ‘‘permitted in the course of’’; 
(2) in subsection (a)(5)(A) by striking ‘‘com-
mercial fishing’’ and inserting ‘‘engaging in a listed 
fishery’’; 
(3) in subsection (a)(5)(D)(i) by striking ‘‘com-
mercial fishing’’ and inserting ‘‘engaging in a listed 
fishery’’; 
(4) in subsection (a)(5)(E)(i) by striking ‘‘com-
mercial fishing operations’’ and inserting ‘‘a listed 
fishery’’; 
(5) in subsection (a)(5)(E)(i)(I) by striking 
‘‘commercial’’ and inserting ‘‘such’’; and 
(6) in subsection (a)(5)(E)(iii)—
(A) by striking the word ‘‘commercial’’ 
each place it appears; and 
(B) by inserting ‘‘those’’ after ‘‘serious in-
jury from’’. 
(b) PROHIBITIONS.—Section 102(a)(5) (16 U.S.C. 
1372(a)(5)) is amended by striking ‘‘commercial’’. 
(c) PERMITS.—Section 104(a) (16 U.S.C. 1374(a)) 
is amended by striking ‘‘commercial’’. 
(d) FEDERAL COOPERATION WITH STATES.—Sec-
tion 109(b)(3)(B)(i) (16 U.S.C. 1379(b)(3)(B)(i)) is 
amended—
(1) by striking ‘‘commercial’’; and 
(2) by striking ‘‘(4)’’ and inserting ‘‘or section 
118’’. 
(e) GEAR DEVELOPMENT.—Section 111 (16 U.S.C. 
1381) is further amended—
(1) by striking the section heading and insert-
ing the following: 
‘‘FISHERIES GEAR DEVELOPMENT’’; 
and 
(2) in subsection (d)—
(A) by striking ‘‘commercial’’; and 
(B) by striking ‘‘documented under the 
laws of the United States’’ and inserting ‘‘en-
gaged in a listed fishery’’. 
(f) TAKE REDUCTION PLANS.—Section 115(b)(4) 
(16 U.S.C. 1383b(b)(4)) is amended to read as follows: 
‘‘(4) If the Secretary determines that a take reduc-
tion plan is necessary to reduce the taking of marine mam-
mals incidental to engaging in a listed fishery from a stra-
tegic stock, or for species or stocks that interact with a 
fishery for which the Secretary has made a determination 
under section 118(f)(1), any conservation plan prepared 
under this subsection for such species or stock shall incor-
porate the take reduction plan required under section 118 
for such species or stock.’’.
(g) STOCK ASSESSMENTS.—Section 117 (16 U.S.C. 
1386) is amended—
(1) by striking ‘‘commercial’’ each place it ap-
pears (subject to paragraph (2)); and 
(2) in subsection (a)(4) by striking ‘‘commer-
cial’’ and inserting ‘‘listed’’. 
(h) TAKINGS
INCIDENTAL
TO
FISHING
OPER-
ATIONS.—Section 118 (16 U.S.C. 1387) is amended—
(1) by amending the section heading to read as 
follows: 
‘‘SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO 
FISHING OPERATIONS.’’; 
(2) in subsection (a)(5) by striking ‘‘commer-
cial’’; 
(3) in subsection (c)(1)(B) by striking ‘‘com-
mercial’’; 
(4) in subsection (c)(1)(C) by striking ‘‘com-
mercial’’; 
(5) in subsection (c)(3)(B) as redesignated by 
section 401(2) of this Act, by inserting ‘‘commer-
cial’’ after ‘‘engaged in any’’;
(6) in subsection (c)(5)(B) by striking ‘‘com-
mercial’’;