Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000
PL 106-555 (H.R.2903), enacted 12/21/2000

PUBLIC LAW 106-555—DEC. 21, 2000 
114 STAT. 2765 
Public Law 106-555 
106th Congress 
An Act 
To reauthorize the Striped Bass Conservation Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Striped Bass Conservation, 
Atlantic Coastal Fisheries Management, and Marine Mammal 
Rescue Assistance Act of 2000". 
TITLE I—ATLANTIC COASTAL 
FISHERIES 
Subtitle A—^Atlantic Striped Bass 
Conservation 
Dec. 21, 2000 
[H. R. 2903] 
Striped Bass 
Conservation, 
Atlantic Coastal 
Fisheries 
Management, 
and Msirine 
Mammal Rescue 
Assistance Act of 
2000. 
16 u s e 1361 
note. 
SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVA-
TION ACT. 
Section 7(a) of the Atlantic Striped Bass Conservation Act 
(16 U.S.C. 1851 note) is amended to read as follows: 
"(a) AUTHORIZATION.—^For each of fiscal years 2001, 2002, and 
16 u s e 5156. 
2003, 
Act^ 
there are authorized to be appropriated to carry out this 
"(1) $1,000,000 to the Secretary of Commerce; and 
"(2) $250,000 to the Secretary of the Interior.". 
SEC. 102. POPULATION STUDY OF STRIPED BASS. 
(a) STUDY.—^The Secretaries (as that term is defined in the 
Atlantic Striped Bass Conservation Act), in consultation with the 
Atlantic States Marine Fisheries Commission, shall conduct a study 
to determine if the distribution of year classes in the Atlantic 
striped bass population is appropriate for maintaining adequate 
recruitment and sustainable fishing opportunities. In conducting 
the study, the Secretaries shall consider— 
(1) long-term stock assessment data and other fishery-
dependent and independent data for Atlantic striped bass; and 
(2) the results of peer-reviewed research funded under the 
Atlantic Striped Bass Conservation Act. 
(b) REPORT.—^Not later than 180 days after the date of the 
enactment of this Act, the Secretaries, in consultation with the 
Atlantic States Marine Fisheries Commission, shall submit to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate 
Deadline. 
114 STAT. 2766 
PUBLIC LAW 106-555—DEC. 21, 2000 
Atlantic Coastal 
Fisheries Act of 
2000. 
the results of the study and a long-term plan to ensure a balanced 
and healthy population structure of Atlantic striped bass, including 
older fish. The report shall include information regarding— 
(1) the structure of the Atlantic striped bass population 
required to maintain adequate recruitment and sustainable 
fishing opportunities; and 
(2) recommendations for measures necessary to achieve 
and maintain the population structure described in paragraph 
(1). 
(c) AUTHORIZATION.—There are authorized to be appropriated 
to the Secretary of Commerce $250,000 to carry out this section. 
Subtitle B—^Atlantic Coastal Fisheries 
Cooperative Management 
16 use 5101 
note. 
16 use 5102, 
5103, 5106, 
5107a,5107b. 
16 use 5107 
note. 
SEC. 121. SHORT TITLE. 
This subtitle may be cited as the "Atlantic Coastal Fisheries 
Act of 2000". 
SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES 
COOPERATIVE MANAGEMENT ACT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 811 of the 
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 
5108) is amended to read as follows: 
"SEC. 811. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—^To carry out this title, there are authorized 
to be appropriated $10,000,000 for each of fiscal years 2001 through 
2005. 
"(X>) COOPERATIVE STATISTICS PROGRAM.—^Amounts authorized 
under subsection (a) may be used by the Secretary to support 
the Commission's cooperative statistics program.". 
(b) TECHNICAL CORRECTIONS.— 
(1) IN GENERAL.—Such Act is amended— 
(A) in section 802(3) (16 U.S.C. 5101(3)) by striking 
"such resources in" and inserting "such resources is"; and 
(B) by striking section 812 and the second section 
811. 
(2) AMENDMENTS TO REPEAL NOT AFFECTED.—^The amend-
ments made by paragraph (1)(B) shall not affect any amend-
ment or repeal made by the sections struck by that paragraph. 
(3) 
SHORT 
TITLE 
REFERENCES.—Such 
Act 
is 
further 
amended by striking "Magnuson Fishery" each place it appears 
and inserting "Magnuson-Stevens Fishery". 
(c) REPORTS.— 
(1) ANNUAL REPORT TO THE SECRETARY.—^The Secretary 
shall require, as a condition of providing financial assistance 
under this subtitle, that the Commission and each State 
receiving such assistance submit to the Secretary an annual 
report that provides a detailed accounting of the use of the 
assistance. 
(2) BIENNIAL REPORTS TO THE CONGRESS.—^The Secretary 
shall submit biennial reports to the Committee on Resources 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on the use 
of Federal assistance provided to the Commission and the 
PUBLIC LAW 106-555—DEC. 21, 2000 
114 STAT. 2767 
States under this subtitle. Each biennial report shall evaluate 
the success of such assistance in implementing this subtitle. 
TITLE II-^OHN H. PRESCOTT MARINE 
MAMMAL 
RESCUE 
GRANT PROGRAM 
Marine Mammal 
A S S I S T A N C E 
Assistance Act of 
2000. 
SEC. 201. SHORT TITLE. 
16 USC 1361 
This title may be cited as the "Marine Mammal Rescue Assist-
ance Act of 2000". 
SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE 
GRANT PROGRAM. 
(a) IN GENERAL.—^Title IV of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1371 et seq.) is amended— 
(1) by redesignating sections 408 and 409 as sections 409 l6USC142ig, 
and 410, respectively; and 
I42lh. 
(2) by inserting after section 407 the following: 
"SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE 
GRANT PROGRAM. 
"(a) IN GENERAL.—(1) Subject to the availability of appropria-
tions, the Secretary shall conduct a grant program to be known 
as the John H. Prescott Marine Mammal Rescue Assistance Grant 
Program, to provide grants to eligible stranding network partici-
pants for the recovery or treatment of marine mammals, the collec-
tion of data from living or dead strsmded marine mammals for 
scientific research regarding marine mammal health, and facility 
operation costs that are directly related to those purposes. 
"(2XA) The Secretary shall ensure that, to the greatest extent 
practicable, funds provided as grants under this subsection are 
distributed equitably among the stranding regions designated as 
of the date of the enactment of the Marine Mammal Rescue Assist-
ance Act of 2000, and in msiking such grants shall give preference 
to those facilities that have established records for rescuing or 
rehabilitating sick and stranded marine mammals in each of the 
respective regions, or subregions. 
"(B) In determining priorities among such regions, the Secretary 
may consider— 
"(i) any episodic stranding or any mortality event other 
than an event described in section 410(6), that occurred in 
any region in the preceding year; 
"(ii) data regarding average annual strandings and mor-
tality events per region; and 
"(iii) the size of the marine mammal populations inhabiting 
a geographic area within such a region. 
"(b) APPLICATION.—To receive a grant under this section, a 
stranding network participant shall submit an application in such 
form and manner as the Secretary may prescribe. 
"(c) CONSULTATION.—^The Secretary shall consult with the 
Marine Mammal Commission, a representative from each of the 
designated stranding regions, and other individusds who represent 
public and private organizations that are actively involved in rescue, 
rehabilitation, release, scientific research, marine conservation, and 
forensic science regarding stranded marine mammals, regarding 
16 USC 4121f-l. 
114 STAT. 2768 
PUBLIC LAW 106-555—DEC. 21, 2000 
the development of criteria for the implementation of the grant 
program and the awarding of grants under the program. 
"(d) LIMITATION.—^The amount of a grant under this section 
shall not exceed $100,000. 
"(e) MATCHING REQUIREMENT.— 
- 
"(1) IN GENERAL.—The non-Federal share of the costs of 
an activity conducted with a grant under this section shall 
be 25 percent of such costs. 
"(2) IN-KIND CONTRIBUTIONS.—The Secretary may apply to 
the non-Federal share of an activity conducted with a grant 
under this section the amount of funds, and the fair market 
value of property and services, provided by non-Federsd sources 
and used for the activity. 
"(f) ADMINISTRATIVE EXPENSES.—Of amounts available each 
fiscal year to carry out this section, the Secretary may expend 
not more than 6 percent or $80,000, whichever is greater, to pay 
the administrative expenses necessary to carry out this section. 
"(g) DEFINITIONS.—In this section: 
"(1) DESIGNATED STRANDING REGION.—The term 'designated 
stranding region' means a geographic region designated by 
the Secretary for purposes of administration of this title. 
"(2) SECRETARY.—The term 'Secretary* has the meaning 
given that term in section 3(12)(A). 
"(h) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this section $5,000,000 for each 
of fiscal years 2001 through 2003, to remain available until 
expended, of which— 
"(1) $4,000,000 may be available to the Secretary of Com-
merce; and 
"(2) $1,000,000 may be available to the Secretary of the 
Interior.". 
(b) CONFORMING AMENDMENT.—Section 3(12)(B) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended 
by inserting "(other than section 408)" after "title IV". 
(c) CLERICAL AMENDMENT.—^The table of contents in the first 
section of the Marine Mammal Protection Act of 1972 (86 Stat. 
1027) is amended by striking the items relating to sections 408 
and 409 and inserting the following: 
"Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. 
"Sec. 409. Authorization of appropriations. 
"Sec. 410. Definitions.". 
16 use 917a 
SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION. 
Deadline. 
(a) STUDY.—^Not later than 180 days after the date of the 
enactment of this Act and subject to the availability of appropria-
tions, the Secretary of Commerce shall initiate a study of the 
environmental and biological factors responsible for the significant 
increase in mortality events of the eastern gray whale population 
and other potential impacts these factors may be having on the 
eastern gray whale population. 
(b) CONSIDERATION OF WESTERN POPULATION INFORMATION.— 
The Secretary should ensure that, to the greatest extent practicable, 
information From current and future studies of the western gra^ 
whale population is considered in the study under this section, 
so as to better understand the dynamics of each population and 
to test different h3^otheses that may lead to an increased under-
standing of the mechanism driving their respective population 
dynamics. 
PUBLIC LAW 106-555—DEC. 21, 2000 
114 STAT. 2769 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to other 
amounts authorized under this title, there are authorized to be 
appropriated to the Secretary to carry out this section— 
(1) $290,000 for fiscal year 2001; and 
(2) $500,000 for each of fiscal years 2002 through 2004. 
SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN 
SAMOA 
(a) IN GENERAL.—The Secretary of Commerce (in this section 
referred to as the "Secretary) may convey to the Government 
of American Samoa in accordance with this section, without consid-
eration, all right, title, and interest of the United States in and 
to a retired National Oceanic and Atmospheric Administration 
fishery research vessel in operable condition, for use by American 
Samoa. 
(b) LIMITATION.—^The Secretary may not convey a vessel under 
this section before the date on which a new replacement fishery 
research vessel has been delivered to the National Oceanic and 
Atmospheric Administration and put in active service. 
(c) OPERATION AND MAINTENANCE.—The Government of the 
United States shall not be responsible or liable for any maintenance 
or operation of a vessel conveyed under this section after the date 
of the delivery of the vessel to American Samoa. 
SEC. 205. TECEENICAL AND CONFORMING AMENDMENTS RELATING TO 
NATIONAL MARINE SANCTUARY DESIGNATION STAND-
ARDS. 
(a) TECHNICAL AMENDMENT.—Section 303(a) of the National 
Marine Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking 
"the Secretary—" and all that follows through the end of the sen-
tence and inserting the following: "the Secretary determines that— 
"(1) the designation will fulfill the purposes and policies 
of this title; 
"(2) the area is of special national significance due to— 
"(A) its conservation, recreational, ecological, historical, 
scientific, cultural, archaeological, educational, or esthetic 
qualities; 
"(B) the communities of living marine resources it har-
bors; or 
"(C) its resource or human-use values; 
"(3) existing State and Federal authorities are inadequate 
or should be supplemented to ensure coordinated and com-
prehensive conservation and management of the area, including 
resource protection, scientific research, and public education; 
"(4) designation of the area as a national marine sanctuary 
will facilitate the objectives stated in paragraph (3); and 
"(5) the area is of a size and nature that will permit 
comprehensive and coordinated conservation and manage-
ment.". 
(b) CONFORMING AMENDMENTS.—Such Act is further amended— 
(1) in section 304(a)(1)(C) (as amended by section 6(a) of 16USC1434. 
the National Marine Sanctuaries Amendments Act of 2000) 
by striking "the Secretary shall"; and 
(2) in section 304(a)(2)(E) (as amended by section 6(b) of 
the National Marine Sanctuaries Amendments Act of 2000) 
by striking "findings" and inserting "determinations". 
114 STAT. 2770 
PUBLIC LAW 106-555—DEC. 21, 2000 
16 u s e 1433 
(c) E F F E C T I V E DATE.—This section shall take effect immediately 
°o*^- 
after the National Marine Sanctuaries Amendments Act of 2000 
takes effect. 
16 use 1855 
SEC. 206. WESTERN PACIFIC PROJECT GRANTS. 
''°*^' 
Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 
155 note) is amended by striOking the last sentence and inseri;ing 
"There are authorized to be appropriated to carry out this section 
$500,000 for each fiscal year.". 
Approved December 21, 2000. 
LEGISLATIVE HISTORY—H.R. 2903: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 31, considered and passed House. 
Dec. 8, considered and passed Senate.