I 
109TH CONGRESS 
1ST SESSION H. R. 4075 
To amend the Marine Mammal Protection Act of 1972 to provide for better 
understanding and protection of marine mammals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 18, 2005 
Mr. POMBO introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To amend the Marine Mammal Protection Act of 1972 to 
provide for better understanding and protection of ma-
rine mammals, 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 2005’’. 
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 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. 4. 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. 5. 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 maintained in captivity under section 7524 of title 
10, United States Code (including any progeny of a 
marine mammal maintained under that section).’’. 
SEC. 6. ANNUAL REPORT REQUIREMENT. 
Section 103(f) (16 U.S.C. 1373(f)) is amended in the 
first sentence, by inserting ‘‘and notwithstanding Public 
Law 104–66’’ after ‘‘thereafter’’. 
SEC. 7. 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.
(c) 
LIMITATION
ON
NOTIFICATION
REQUIRE-
MENTS.—Section 104(c) (16 U.S.C. 1374(c)) is amended 
in paragraph (2)(E) in the first sentence, and in para-
graph (8)(B)(i)(II), by inserting before the period at the 
end the following: ‘‘, except that if the transport is for 
purposes of public display and the transfer is between fa-
cilities where the ownership and care of the marine mam-
mal will be under the same license or registration issued 
under the Animal Welfare Act (7 U.S.C. 2131 et seq.) 
then only a notice of transport is required’’. 
SEC. 8. 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. 9. MARINE MAMMAL 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. 
‘‘(2) REPORTS.— 
‘‘(A) REPORTS BY SECRETARY.—The Sec-
retary shall include a description of the results 
of research carried out with assistance under 
this section in the annual report required under 
section 103(f). 
‘‘(B) REPORTS BY FEDERAL AGENCIES.— 
The head of each Federal agency that conducts 
and provides funds for research on marine 
mammals shall report annually to the Com-
mittee on Resources of the House of Represent-
atives and the Committee on Commerce, 
Science, and Transportation of the Senate on 
funding provided and research conducted re-
garding marine mammals during the preceding 
year. 
‘‘(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 subsection (c) and inserting 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 2006 through 2010.’’. 
SEC. 10. 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) FISHING GEAR DEVELOPMENT PROGRAM.— 
‘‘(1) IN
GENERAL.—The Secretary of Com-
merce (in this section referred to as the ‘Secretary’) 
shall— 
‘‘(A) carry out a program for the purpose 
of devising improved fishing gear and methods 
so as to reduce to the maximum extent prac-
ticable the incidental taking of marine mam-
mals in connection 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 IMPROVEMENT 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 2006 through 2010.’’. 
SEC. 11. 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. 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 
2005— 
‘‘(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