[Congressional Record Volume 145, Number 127 (Monday, September 27, 1999)]
[House]
[Pages H8777-H8779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              MARINE MAMMAL RESCUE ASSISTANCE ACT OF 1999

  Mr. SAXTON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1934) to amend the Marine Mammal Protection Act of 1972 to 
establish the John H. Prescott Marine Mammal Rescue Assistance Grant 
Program, as amended.
  The Clerk read as follows:

                               H.R. 1934

       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 Rescue 
     Assistance Act of 1999''.

     SEC. 2. 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 
     and 410, respectively; and
       (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 
     appropriations, 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 participants for the recovery or treatment 
     of marine mammals, the collection of data from living or dead 
     marine mammals for scientific research regarding marine 
     mammal health, and facility operation costs that are directly 
     related to those purposes.
       ``(2)(A) The Secretary shall ensure that, to the greatest 
     extent practicable, funds provided as grants under this 
     subsection are distributed equitably among the designated 
     stranding regions.
       ``(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; and
       ``(ii) data regarding average annual strandings and 
     mortality events per 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) Advisory Group.--
       ``(1) In general.--The Secretary, in consultation with the 
     Marine Mammal Commission, shall establish an advisory group 
     in accordance with this subsection to advise the Secretary 
     regarding the implementation of this section, including the 
     award of grants under this section.
       ``(2) Membership.--The advisory group shall consist of a 
     representative from each of the designated stranding regions 
     and other individuals 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.
       ``(3) Public participation.--
       ``(A) Meetings.--The advisory group shall--
       ``(i) ensure that each meeting of the advisory group is 
     open to the public; and
       ``(ii) provide, at each meeting of the advisory group, an 
     opportunity for interested persons to present oral or written 
     statements concerning items on the agenda for the meeting.
       ``(B) Notice.--The Secretary shall provide to the public 
     timely notice of each meeting of the advisory group.
       ``(C) Minutes.--The Secretary shall keep and make available 
     to the public minutes of each meeting of the advisory group.
       ``(4) Exemption.--The Federal Advisory Committee Act (5 
     App. U.S.C.) shall not apply to the establishment and 
     activities of an advisory group in accordance with this 
     subsection.
       ``(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-Federal 
     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 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 the Secretary to carry out 
     this section $5,000,000 for each of fiscal years 2001 through 
     2003, to remain available until expended.''.
       (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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from New Mexico (Mr. Udall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Madam Speaker, first, let me express my appreciation to 
my colleagues, the gentleman from American Samoa (Mr. Faleomavaega) and 
the gentleman from New Jersey (Mr. LoBiondo), for joining me and for 
working so hard to bring this bill to the floor. I would also like to 
thank the gentleman from New Mexico (Mr. Udall) for his interest in, 
and efforts to help, this bill to proceed to the extent that it has.
  Madam Speaker, as the author of H.R. 1934, I rise obviously in strong 
support of the Marine Mammal Rescue Assistance Act. I am pleased that 
the House is considering this bill, and I would like to urge everyone 
to vote for it. But first, let me just explain what the bill does, 
Madam Speaker, and why I believe it is so urgently needed.
  Madam Speaker, H.R. 1934 would establish a grant program to fund and 
rescue and rehabilitate marine mammals; and it would conduct, it would 
provide for us to conduct, scientific work associated with live and 
dead marine mammals; and third and finally, it would assist those 
centers which carry out those humanitarian rescues and recoveries.
  Madam Speaker, Americans are always thrilled to see news reports of 
rescue attempts of stranded or beached Atlantic bottlenose dolphins, 
manatees or pygmy sperm whales. These efforts are extremely expensive, 
and this bill helps in no small way to offset some of these costs. 
Although title IV of the Marine Mammal Protection Act, as it currently 
stands, provides funds to compensate participants of the Nation's 
stranding network, it is limited to certain work associated with 
unusual mortality events which are defined as unexpected or a 
scientific die-off of marine mammals.
  Madam Speaker, regrettably at the same time, funds are currently not 
available for small strandings, either live or dead, of dolphins on the 
New Jersey beaches or the now famous live stranding of the baby grey 
whale on a California beach that was successfully rescued, 
rehabilitated and released back to the wild by Sea World. Furthermore, 
there are few funds available to research the cause of these standings 
or to care for these sick animals.
  The examples I have mentioned are just two of the hundreds of small 
live and dead standings that occur frequently on our Nation's shores. 
Hundreds of dolphins, harbor porpoises, seals, sea lions, manatees, sea 
otters, and even beluga whales become stranded on our shores. Every 
year hundreds of people like my constituent, Robert Schoelkopf, 
director of the Marine Mammal Stranding Center in Brigantine, New 
Jersey, rescue and recover and collect important scientific data and at 
times successfully release these animals back into the wild.
  In his testimony recently, Mr. Schoelkopf noted that his stranding 
center has handled 1,852 marine mammals. He stated that the National 
Marine Fishery Service has acknowledged the need for stranding networks 
along

[[Page H8778]]

the coast to be the first response to not only typical standings but 
also for unusual episodes.
  Yet, Madam Speaker, there are no funds available for people like Bob 
Schoelkopf who work side by side with the National Marine Fishery 
Service and the Fish and Wildlife Service to save and study these 
magnificent animals. This bill would fill that void by making a small 
but critical amount of money available through the competitive grant 
process to help cover some of the costs associated with these 
nonunusual mortality events.
  Madam Speaker, I would just like to urge my colleagues to support the 
passage of this important conservation bill and again express my 
gratitude for my colleagues who have worked so hard as partners on this 
legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Madam Speaker, we do not have any objections 
to this legislation that is before the House today, H.R. 1934, the 
Marine Mammal Rescue Assistance Act of 1999. I commend the gentleman 
from New Jersey (Mr. Saxton) and his staff for working in a truly 
cooperative bipartisan manner with minority Members on the Committee on 
Resources to craft this important bill.
  All Members should vote for this bill.
  Few events catch the public's collective emotion more than episodic 
strandings or mysterious fatalities of marine mammals. With growing 
concern, members of the Committee on Resources continue to hear of 
numerous incidents of unusual or unexplained mortality events effecting 
marine mammals. Perhaps most troubling, many of these stranding and 
mortality events are affecting marine mammal populations that are 
considered robust and healthy; and regrettably, while the frequency of 
standings is increasing, we still know relatively little about what is 
causing this to occur.
  In 1992, Congress amended the Marine Mammal Protection Act to add a 
new title IV with the purpose to establish a coordinated Federal, 
State, and private effort to address the problems and challenges 
associated with marine mammal strandings or unusual mortality events. 
In many respects, Madam Speaker, the marine mammal health and stranding 
program established under title IV has been effective.
  Nonetheless, Madam Speaker, we have fallen short of the goals 
established for this program, in some cases especially the need for 
better analysis of rescued and diseased marine mammals and the need for 
additional research to determine if there are cross-over connections 
between marine mammal strandings and human health threats in the marine 
environment. Much work still remains to be done.
  Moreover, costs of stranding rescue operations have risen sharply, so 
sharply in fact that some stranding facilities have had to sacrifice 
other programs which has had the effect of dampening effectiveness. 
This legislation will give marine mammal stranding facilities better 
tools and financial assistance to meet this and other unmet needs of 
the program.
  The grant program authorized in this bill will help relieve the 
financial burden currently affecting many network stranding facilities; 
and importantly, these new grants could be used to support valuable new 
research on dead marine mammals without cutting back funds necessary to 
support the humane care and treatment of recovered live animals. We 
also hope that the advisory group created by this bill will be 
effective in developing priorities for funding these new grant 
proposals.
  I know that the gentleman from American Samoa (Mr. Faleomavaega), the 
ranking member of the Subcommittee on Fisheries Conservation, Wildlife 
and Oceans very much appreciates the cooperation of the gentleman from 
New Jersey (Mr. Saxton), the subcommittee chairman, to ensure that 
these grants may be used to enhance scientific investigation and are 
not simply used to offset operating expenses at stranded facilitates.
  Also, the gentleman from American Samoa (Mr. Faleomavaega) also 
appreciates the chairman's cooperation to ensure that this legislation 
provides for the fair distribution of grant dollars to all stranding 
network regions and also provide sufficient funds to allow the National 
Oceanic and Atmospheric Administration to administer the new grant 
program. We still contend that it makes sense to set aside some 
discretionary funds for emergency or technical assistance since these 
funds would allow NOAA to fill in the gaps in coverage or to address 
unexpected needs that arise in the field. Ultimately, experience will 
determine whether this additional flexibility is needed.
  Madam Speaker, the marine mammal health and stranding program is 
vital to the protection and rehabilitation of thousands of marine 
mammals annually, but the program can be improved. I believe the new 
grant program created by this legislation will provide additional 
financial resources to support the national network of stranding 
facilities, will increase our understanding of marine mammal ecology, 
and will increase public awareness of the health and safety of the 
coastal marine environment.

                              {time}  1600

  I urge all Members to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. SAXTON. Madam Speaker, I yield such time as he may consume to the 
gentleman from Florida (Mr. Goss).
  (Mr. GOSS asked and was given permission to revise and extend his 
remarks.)
  Mr. GOSS. Madam Speaker, I thank my friend the distinguished 
gentleman from New Jersey for yielding me time and congratulate him for 
his many years of leadership in this particular area. It is not only 
strandings of mammals, it is other protections as well that he has been 
a champion over the years, and I congratulate his colleague on the 
other side of the aisle and the bipartisan effort here.
  I rise in strong support of this. People wonder sometimes with this 
type of legislation, what is the constituency? Well, I will tell you 
the constituency for stranded mammals is anybody who has ever seen a 
stranded mammal. There is some response, some chord that is hit in us, 
and it seems that people will rush to the water and jump in cold water 
and get their clothes all wet and do things that they normally would 
not do in order to try and provide some relief for stranded mammals. I 
have seen it many times in my own district, and I have seen 
extraordinary efforts and great sacrifice made to try and take care of 
these creatures who sometimes run afoul with problems.
  I think this is a good testimony, that we do care very much, and that 
we do need legislation, because all the good intentions sometimes do 
not provide the professional way of dealing with stranded animals.
  I will tell you that in my district, I am very proud to have Mote 
Marine Laboratory, which also has a stranding program which I believe 
is second to none. It has done all kinds of rescue work over the years. 
It has been very busy. It is very professional and very accomplished. I 
know they have provided testimony for this legislation, and I 
congratulate them on their efforts as well.
  I think with the people involved and committed for the purposes that 
are at stake in this resolution, that we will have success, and I think 
this is an entirely appropriate type of support for government and 
government involvement in something which is indeed a national 
treasure, and that is our marine mammals. I congratulate all those 
involved.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield such time as he may 
consume to the gentleman from California (Mr. Farr), a key legislator 
in the reauthorization of the Marine Mammal Protection Act and also key 
in appropriations for this program.
  Mr. FARR of California. Mr. Speaker, I rise in support of H.R. 1934, 
the Marine Mammal Rescue Assistance Act. I commend once again, almost 
every week now, the gentleman from New Jersey (Mr. Saxton), for his 
leadership on this important issue, another one of our important issues 
relating to the oceans of this great country and the world.
  This legislation is critical to anybody who has coastal shoreline 
where

[[Page H8779]]

the populations of marine mammals exist, because this goes to how do 
you serve those marine mammals when they are in trouble; how do you get 
them when they are stranded; and why do you do that.
  Do you know that Megatrend says that the leading development in 
America has been what they call watchable wildlife? More people are 
watching wildlife than all of the national sports in this country, than 
all the professional sports. That wildlife, a lot of it is marine 
wildlife.
  Marine wildlife is important to the ecology of the ocean, the health 
of the ocean and the coastal communities, but it is also important for 
tourism, because people come to the coastlines and they want to see the 
wild animals that are in that coastal zone; and the wild animals in 
many cases are endangered.
  I happen to represent an area where we have the southern sea otter 
population. It is not recovering very well. The recovery rate for the 
southern sea otter is unacceptable since 1995. Researchers have 
documented an increased rate in mortality, an 11 percent reduction in 
the population. In fact, last year 10 percent of the total population 
of this endangered animal was found dead, stranded on beaches in my 
district. That is 213 of the 2,090 animals left in this population were 
found dead, washed up on beaches just last year.
  The southern sea otter is vital. It is vital to the health of our sea 
mammal community. It is vital to the tourism in our area; and I think 
it is just vital that we have beautiful animals like this to 
understand, protect, and to study.
  Fortunately, the bill of the gentleman from New Jersey (Mr. Saxton) 
will provide funds for the preparation and transportation of tissues 
from the deceased animals so the researchers can determine the cause of 
death and turn this trend around.
  Mr. Speaker, my only reservation is that we not decrease funding for 
research and assistance for other existing marine mammal programs. In 
fact, we need to fully fund what is authorized in this bill. The 
majority of marine mammal strandings occur on the West coast; and, 
unfortunately, the strandings are increasing. So I hope that we will 
begin to be able to have enough money for the marine mammal recovery 
and not take this money from other marine mammal protection programs.
  I urge my colleagues to support this bill, and I ask that we increase 
funding for marine mammal protection and research. We need to support 
the Marine Mammal Rescue Assistance Act, but not at the expense of 
other national marine fishery services programs.
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would just like to conclude by saying I believe this 
is an extremely important bill, and I would like to thank everyone who 
has had something to do with it, from the Member level as well as from 
the staff level.
  Mr. UDALL of New Mexico. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. SAXTON. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Upton). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Saxton) that the House 
suspend the rules and pass the bill, H.R. 1934, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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