[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3839 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3839

 To amend the Marine Mammal Protection Act of 1972 to repeal the long-
  term goal for reducing to zero the incidental mortality and serious 
   injury of marine mammals in commercial fishing operations, and to 
   modify the goal of take reduction plans for reducing such takings.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2005

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Marine Mammal Protection Act of 1972 to repeal the long-
  term goal for reducing to zero the incidental mortality and serious 
   injury of marine mammals in commercial fishing operations, and to 
   modify the goal of take reduction plans for reducing such takings.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) The goal of the Marine Mammal Protection Act of 1972 
        (16 U.S.C. 1361 et seq.) is to maintain marine mammal species 
        and population stocks at their optimum sustainable populations.
            (2) If the annual removals of individuals of a species or 
        population stock of marine mammals do not exceed the potential 
        biological removal level, the species or population stock will 
        be maintained at, or reach, its optimum sustainable population.
            (3) Requiring that commercial fishermen achieve a zero 
        mortality rate goal for a species or population stock of marine 
        mammals that is equal to or less than 10 percent of the 
        potential biological removal of a given marine mammal species 
        or population stock is unnecessary to achieve that Act's goal 
        of maintaining species and stocks at their optimum sustainable 
        population and penalizes commercial fishermen.
            (4) The Congress intended that the zero mortality rate goal 
        under that Act would be met if fishermen use the best 
        technology that is economically and technologically feasible.
            (5) Species and populations stocks of marine mammal that 
        have reached historic levels are impeding the recovery of 
        endangered species and threatened species through predation or 
        competition in the ecosystem.
            (6) The fundamental principles of ecosystem management are 
        defeated by giving one species a preeminent position in the 
        ecosystem through, imposition of a zero mortality rate goal.
            (7) All persons that interact with marine mammals should 
        seek to reduce and eliminate marine mammal injuries and 
        mortalities through the use of the best equipment and 
        techniques that are economically and technologically feasible.

SEC. 2. MODIFICATION OF GOALS FOR REDUCING INCIDENTAL TAKE OF MARINE 
              MAMMALS IN COMMERCIAL FISHING.

    (a) Repeal of Zero Mortality Goal.--Section 118 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1387) is amended by striking 
subsection (b), and by redesignating subsections (c) through (l) in 
order as subsections (b) through (k).
    (b) Conforming Amendments.--Such Act is further amended as follows:
            (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) by striking 
        the third sentence.
            (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 
        1371(a)(5)(E)(i)(III) by striking ``subsection (d)'' and 
        inserting ``subsection (c)''.
            (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) by striking 
        ``section 118(f)(1)'' and inserting ``section 118(e)(1)''.
            (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) in 
        subparagraph (D) by striking ``, and an analysis'' and all that 
        follows through the end of the subparagraph and inserting a 
        semicolon.
            (5) In section 118 (16 U.S.C. 1387) by striking 
        ``subsection (c)(1)(A) (i)'' each place it appears and 
        inserting ``subsection (b)(1)(A)(i)''.
            (6) In section 118 (16 U.S.C. 1387) by striking 
        ``subsection (c)(1)(A)(i)'' each place it appears and inserting 
        ``subsection (b)(1)(A)(i)''.
            (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) by striking 
        the last sentence.
            (8) In section 118(b), as redesignated by subsection (a) of 
        this section 16 U.S.C. 1387(c)(1)(B)), by striking ``subsection 
        (e)'' each place it appears and inserting ``subsection (d)''.
            (9) In section 118(c)(1)(B), as redesignated by subsection 
        (a) of this section (16 U.S.C. 1387(d)(1)(B)), by striking 
        ``subsection (e)'' and inserting ``subsection (d)''.
            (10) In section 118(e)(9)(D), as redesignated by subsection 
        (a) of this section (16 U.S.C. 1387(f)(9)(D)), by striking 
        ``subsection (d)'' and inserting ``subsection (c)''.
            (11) In section 118(f)(1), as redesignated by subsection 
        (a) of this section (16 U.S.C. 1387(g)(1)), by striking 
        ``subsection (c)(1)(A)(iii)'' each place it appears and 
        inserting ``subsection (b)(1)(A)(iii)''.
            (12) In section 118(g), as redesignated by subsection (a) 
        of this section (16 U.S.C. 1387(h)), by striking ``subsection 
        (c)'' and inserting ``subsection (b)''.
            (13) In section 120(j)(2) (16 U.S.C. 1389(j)(2)) by 
        striking ``118(f)(5)(A)'' and inserting ``118(e)(5)(A)''.
    (c) Modification of Goal of Take Reduction Plans.--Section 
118(e)(2) of such Act, as redesignated by subsection (a) of this 
section (16 U.S.C. 1387(f)(2)), is amended by striking the last 
sentence and inserting the following: ``The long-term goal of the plan 
shall be to reduce, within 5 years after its implementation, the 
incidental mortality or serious injury of marine mammals incidentally 
taken in the course of fishing operations taking into account the 
economics of the fishery, the availability of existing technology, and 
existing State or regional fishery management plans.''.
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