109TH CONGRESS 
2D SESSION 
H. R. 4075
AN ACT 
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 2006’’. 
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