[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2693 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2693

To reauthorize the Marine Mammal Protection Act of 1972, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2003

  Mr. Gilchrest (for himself and Mr. Pombo) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Marine Mammal Protection Act of 1972, 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 ``Marine Mammal Protection Act 
Amendments of 2003''.

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 provision, the reference shall be considered to 
be made to such section or other provision of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 3. TECHNICAL CORRECTIONS.

    (a) Committee References.--The Marine Mammal 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 Replaced 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.

    Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is amended by 
redesignating subparagraph (B) as subparagraph (C), and by inserting 
after subparagraph (A) the following:
    ``(B) A marine mammal product may be exported from the United 
States if the product--
            ``(i) is legally possessed, and exported by, a citizen of 
        the United States in conjunction with travel outside the United 
        States;
            ``(ii) is legally possessed and exported as part of a 
        cultural exchange, by an Indian, Aleut, or Eskimo residing in 
        Alaska; or
            ``(iii) 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.''.

SEC. 5. MISCELLANEOUS AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is 
amended to read as follows:
    ``(a) Department of Commerce.--(1) There are authorized to be 
appropriated to the Department of Commerce, for purposes of carrying 
out its functions and responsibilities under this title (other than 
sections 117 and 118) and title IV--
            ``(A) $16,615,000 for 2004;
            ``(B) $17,280,000 for 2005;
            ``(C) $17,971,000 for 2006;
            ``(D) $18,670,000 for 2007; and
            ``(E) $19,418,000 for 2008.
    ``(2) There are authorized to be appropriated to the Department of 
Commerce, for purposes of carrying out sections 117 and 118, 
$20,000,000 for each of the fiscal years 2004 through 2008.''.
    (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b)) 
is amended to read as follows:
    ``(b) Department of the Interior.--There are authorized to be 
appropriated to the Department of the Interior, for purposes of 
carrying out its functions and responsibilities under this title--
            ``(1) $11,800,000 for 2004;
            ``(2) $12,300,000 for 2005;
            ``(3) $12,800,000 for 2006;
            ``(4) $13,300,000 for 2007; and
            ``(5) $13,800,000 for 2008.''.
    (c) Cooperative Agreements in Alaska.--Section 119(d) (16 U.S.C. 
1388(d)) is amended by striking paragraphs (1) and (2) and inserting 
the following:
            ``(1) $2,000,000 to the Secretary of Commerce for each of 
        fiscal years 2004 through 2008; and
            ``(2) $1,500,000 to the Secretary of the Interior for each 
        of fiscal years 2004 through 2008.''.

SEC. 6. TAKE REDUCTION PLANS.

    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 following:
    ``(c) Registration and Authorization.--(1) The Secretary shall, 
within 90 days after the date of enactment of the Marine Mammal 
Protection Act Amendments of 2003--
            ``(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 explanation 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) fisheries that have frequent incidental 
                mortality and serious injury of marine mammals;
                    (ii) fisheries that have occasional incidental 
                mortality and serious injury of marine mammals; or
                    (iii) commercial fisheries that have a remote 
                likelihood of or no known incidental mortality 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 ``commercial''.
            (5) In subsection (c)(3)(A)--
                    (A) in the matter preceding clause (i) by striking 
                ``a commercial fishery'' and inserting ``that 
                fishery''; and
                    (B) in clause (i) by striking ``this section,'' and 
                all that follows through the semicolon and inserting 
                ``this section;''.
            (6) In subsection (c)(5)(B) by striking ``commercial''.
            (7) 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)''.
            (8) 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)''.
            (9) In subsection (d)(4) as follows:
                    (A) In the matter preceding subparagraph (A) by 
                striking ``commercial fisheries'' and inserting 
                ``fisheries listed under subsection (c)(1)(A)(i) or 
                (ii)''.
                    (B) In subparagraph (A) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
                    (C) In subparagraph (B) by striking ``commercial 
                fisheries'' and inserting ``fisheries listed under 
                subsection (c)(1)(A)(i) or (ii)''.
            (10) In subsection (d)(5) by striking ``commercial fishing 
        operations'' and inserting ``fishing operations in fisheries 
        listed under subsection (c)(1)(A)(i) or (ii)''.
            (11) 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''.
            (12) In subsection (f)(1) by striking ``commercial'' each 
        place it appears.
            (13) In subsection (f)(2)--
                    (A) by striking ``6 months'' and inserting ``9 
                months''; and
                    (B) by striking ``commercial fishing operations'' 
                each place it appears and inserting ``fishing 
                operations in fisheries listed under subsection 
                (c)(1)(A)(i) or (ii)''.
            (14) In subsection (f)(3) by striking ``commercial''.
            (15) In subsection (f)(4)(B) by striking ``commercial 
        fishing operations'' and inserting ``fishing operations in 
        fisheries listed under subsection (c)(1)(A)(i) or (ii)''.
            (16) 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.
            (17) 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)''.
            (18) In subsection (f)(6)(C) in the second sentence, by 
        inserting before the period the following: ``, a representative 
        of the office of General Counsel of the National Oceanic and 
        Atmospheric Administration, a representative of the National 
        Marine Fisheries Service having responsibilities related to 
        fisheries science, a representative of the National Marine 
        Fisheries Service having responsibilities related to law 
        enforcement, and a representative of the appropriate National 
        Marine Fisheries Service Regional Administrator''.
            (19) 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 180 days''; and
                            (ii) by adding at the end the following: 
                        ``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 inserting 
                        ``9 months''; and
                            (ii) by striking ``not later than 8 
                        months'' and inserting ``not later than 11 
                        months''.
            (20) In subsection (f)(7)(C) by striking ``Not later than 
        60 days'' and inserting ``Not later than 180 days''.
            (21) In subsection (f)(7)(D) by striking ``commercial''.
            (22) 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.
            (23) In subsection (f)(9) as follows:
                    (A) In subparagraph (A) by striking ``commercial 
                fisheries or restrict commercial fisheries'' and 
                inserting ``fisheries listed under subsection 
                (c)(1)(A)(i) or (ii) or restrict such fisheries''.
                    (B) In subparagraphs (B) and (C) by striking 
                ``commercial'' each place it appears.
                    (C) In subparagraph (D) by striking ``commercial 
                fishing operations'' and inserting ``participation in a 
                fishery listed under subsection (c)(1)(A)(i) or (ii)''.
            (24) In subsection (g)(1) by striking ``commercial 
        fisheries'' and inserting ``fisheries listed under subsection 
        (c)(1)(A)(i) or (ii)''.
            (25) In subsection (g)(3)(B) by striking ``commercial''.
            (26) In subsection (g)(4) by striking ``commercial 
        fishery'' and inserting ``fishery listed under subsection 
        (c)(1)(A)(i) or (ii)''.
            (27) In subsection (j) by inserting ``including observer, 
        research, and education and outreach programs,'' after ``For 
        purposes of carrying out this section,''.

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 effectiveness of 
these measures, and the development of new technologies to deter 
nuisance pinnipeds.
    ``(2) The Secretary shall include, among the individuals that 
develop the research program under this subsection, 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 Commerce, Science, and Transportation of the Senate.''.

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 paragraph (1) at any time''.
    (b) Administration.--Section 206(4) (16 U.S.C. 1406(4)) is amended 
by striking ``(but at rates for individuals not to exceed $100 per 
diem)''.
    (c) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407) 
is amended to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Marine Mammal 
Commission for purposes of carrying out this title--
            ``(1) $2,000,000 for fiscal year 2004;
            ``(2) $2,050,000 for fiscal year 2005;
            ``(3) $2,100,000 for fiscal year 2006;
            ``(4) $2,150,000 for fiscal year 2007; and
            ``(5) $2,200,000 for fiscal year 2008.''.

SEC. 9. SCRIMSHAW EXEMPTION.

    Any valid certificate of exemption referred to in section 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 8-year period 
beginning October 31, 1999.

SEC. 10. POLAR BEAR PERMITS.

    Section 104 (16 U.S.C. 1374) is amended--
            (1) in subsection (c)(5)(D) by striking ``the date of the 
        enactment of the Marine Mammal Protection Act Amendments of 
        1994'' and inserting ``February 18, 1997'';
            (2) in subsection (d)(2) by inserting before the period at 
        the end of the first sentence the following: ``, except for an 
        application for a permit to import polar bear parts under 
        subsection (c)(5)'';
            (3) in subsection (d)(5) by inserting before the period at 
        the end of the last sentence the following: ``if a notice of 
        application was published pursuant to paragraph (2) with 
        respect to the permit''; and
            (4) in subsection (c)(5) by adding at the end the 
        following:
    ``(E) The Secretary shall make available to the public on a 
semiannual basis information concerning the permits issued or denied 
under this paragraph.''.

SEC. 11. 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 jurisdiction 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).''.

SEC. 12. STRANDING AND ENTANGLEMENT RESPONSE.

    (a) Collection and Updating of Information.--Section 402(b)(1)(A) 
(16 U.S.C. 1421a(b)(1)(A)) is amended by inserting ``or entangled'' 
after ``stranding''.
    (b) Entanglement Response Agreements.--
            (1) In general.--Section 403 (16 U.S.C. 1421b) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.''; AND

                    (B) in subsection (a) by inserting ``or 
                entanglement'' before the period.
            (2) Clerical amendment.--The table of contents at the end 
        of the first section is amended by striking the item relating 
        to section 403 and inserting the following:

``Sec. 403. Stranding or entanglement response agreements.''.
    (c) Liability.--Section 406(a) (16 U.S.C. 1421e(a)) is amended by 
inserting ``or entanglement'' after ``stranding''.
    (d) Entanglement Defined.--
            (1) In general.--Section 410 (16 U.S.C. 1421h) is amended--
                    (A) by redesignating paragraphs (1) through (6) in 
                order as paragraphs (2) through (7); and
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) The term `entanglement' means an event in the wild in 
        which a living or dead marine mammal has gear, rope, line, net, 
        or other material wrapped around or attached to it and is--
                    ``(A) on a beach or shore of the United States; or
                    ``(B) in waters under the jurisdiction of the 
                United States.''.
            (2) Conforming amendment.--Section 408(a)(2)(B)(i) (16 
        U.S.C. 1421f-1)(a)(2)(B)(i)) is amended by striking ``section 
        410(6)'' and inserting ``section 410(7)''.
    (e) Authorizations of Appropriations.--
            (1) 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 2004 through 2008''.
            (2) 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 2004 through 2008''.

SEC. 13. DEFINITION OF HARASSMENT.

    Section 3(18) is amended to read as follows:
            ``(18)(A) The term ``harassment'' means any act that--
                    ``(i) has the probability to injure a marine mammal 
                or marine mammal stock in the wild;
                    ``(ii) has the potential to disturb a marine mammal 
                or marine mammal stock in the wild by causing 
                biologically significant disruption of activities, 
                including, but not limited to, migration, breeding, 
                care of young, predator avoidance, defense, or feeding; 
                or
                    ``(iii) is directed toward a specific individual, 
                group, or stock of marine mammals in the wild and is 
                likely to impact the individual, group, or stock of 
                marine mammals by disrupting behavior, including, but 
                not limited to, migration, breeding, care of young, 
                predator avoidance, defense, or feeding.
            ``(B) The term `Level A harassment' means harassment 
        described in subparagraph (A)(i).
            ``(C) The term `Level B harassment' means harassment 
        described in subparagraph (A) (ii) or (iii).''.

SEC. 14. INCIDENTAL TAKINGS OF MARINE MAMMALS.

    Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1371(a)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``within a specified geographical 
                region''; and
                    (B) by striking ``within that region of small 
                numbers'';
            (2) in subparagraph (B)--
                    (A) by striking ``within a specified geographical 
                region''; and
                    (B) by striking ``within one or more regions'';
            (3) in subparagraph (D)(i)--
                    (A) by striking ``within a specific geographic 
                region'';
                    (B) by striking ``of small numbers''; and
                    (C) by striking ``within that region''; and
            (4) by adding at the end the following:
            ``(F)(i) Not later than 120 days after the date of the 
        enactment of the Marine Mammal Protection Act Amendments of 
        2003, the Secretary shall issue a general authorization and 
        implementing regulations allowing the incidental, but not the 
        intentional, taking of marine mammals of a species or 
        population stock in the course of an activity, that will have a 
        negligible impact on such species or stock.
            ``(ii) Any person seeking to engage in a activity under the 
        general authorization shall submit to the Secretary via 
        certified mail, by not later than 60 days before the 
        commencement of such activity, a letter of intent containing 
        the following:
                    ``(I) The species or stocks of marine mammals that 
                may be incidentally taken.
                    ``(II) The geographic location of the activity.
                    ``(III) The period of time over which the activity 
                will be conducted.
            ``(iii) Not later than 30 days after receipt of a letter of 
        intent to conduct an activity under the general authorization, 
        the Secretary shall--
                    ``(I) determine that the general authorization 
                applies with respect to the conduct of the activity by 
                the person, unless the Secretary finds that the 
                activity is likely to have an unmitigable impact on 
                such species or stocks; or
                    ``(II) determine that the general authorization 
                does not apply with respect to the conduct of the 
                activity by the person.
            ``(iv) The Secretary shall promptly send a letter to the 
        person stating the determination of the Secretary under clause 
        (iii).''.
                                 <all>