[Congressional Record Volume 152, Number 93 (Monday, July 17, 2006)]
[House]
[Pages H5226-H5231]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 2006
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4075) to amend the Marine Mammal Protection Act of 1972 to
provide for better understanding and protection of marine mammals, and
for other purposes, as amended.
The Clerk read as follows:
H.R. 4075
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 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 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 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 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 for noncommercial 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 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), 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 follows:
``(9)(A) No marine mammal may be exported--
``(i) for the purpose of public display, unless the
Secretary of Agriculture evaluates 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 research or enhancing
the survival or recovery of a species or stock, unless 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.
``(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 jurisdiction of the United
States when located in waters or on lands that are subject to
the jurisdiction of another 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 Inventory.--
(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 conduct a review of the
inventory maintained under section 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
online inventory.
(2) Consultation.--In conducting the review, the Secretary
shall consult and solicit input from persons who are required
to provide information for the inventory.
(3) Report.--The Secretary shall submit a report to
Committee on Resources of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate on the findings of the review under this subsection.
The report shall include the following:
(A) Recommendations on whether the inventory should be
maintained by the Secretary or by another person under
contract.
(B) How the Secretary would oversee maintenance of the
inventory carried out under contract.
(C) How public access and access by Federal agencies to the
inventory can be maintained if the inventory is maintained
under contract.
(D) How the Secretary can minimize duplication on the
information the Secretary receives from public display
facilities and reduce the paper work burden on those
facilities.
(E) An estimate of the cost of maintaining the inventory.
(F) A description of how the Secretary will ensure the
secure maintenance of the data in the inventory.
(G) An analysis of the potential that online availability
of the information in the inventory could adversely affect
the safety of the animals.
(c) Limitation on Notification Requirements.--Section
104(c) (16 U.S.C. 1374(c)) is amended in paragraph (2)(E) in
the first sentence, and in paragraph (8)(B)(i)(II), by
inserting before the period at the end the following: ``,
except that if the transport is for purposes of public
display and the transfer is between facilities where the
ownership and care of the marine mammal will be under the
same license or registration issued under the Animal Welfare
Act (7 U.S.C. 2131 et seq.) then only a notice of transport
is required''.
SEC. 8. FINES AND PENALTIES.
(a) Fines and Penalties, Generally.--Section 105 (16 U.S.C.
1375) is amended--
(1) in subsection (a)(1) by striking ``$10,000'' and
inserting ``$20,000''; and
(2) in subsection (b) by striking ``$20,000'' and inserting
``$30,000''.
[[Page H5227]]
(b) Vessel Penalty.--Section 106(b) (16 U.S.C. 1376(b)) is
amended by striking ``$25,000'' and inserting ``$35,000''.
SEC. 9. MARINE MAMMAL GRANTS.
Section 110(a) (16 U.S.C. 1380(a)) is amended to read as
follows:
``(a) Authorization of Assistance; Annual Report.--
``(1) Authorization of assistance.--The Secretary may make
grants, or provide financial assistance in such other form as
the Secretary considers appropriate, to any Federal or State
agency, public or private institution, or other person for
the purpose of assisting such agency, institution, or person
to undertake research in subjects that are relevant to the
protection and conservation of marine mammals.
``(2) Reports.--
``(A) Reports by secretary.--The Secretary shall include a
description of the results of research carried out with
assistance under this section in the annual report required
under section 103(f).
``(B) Reports by federal agencies.--The head of each
Federal agency that conducts and provides funds for research
on marine mammals shall report annually to the Committee on
Resources of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on
funding provided and research conducted regarding marine
mammals during the preceding year.
``(3) Contributions.--For purposes of carrying out this
section, the Secretary may accept, solicit, receive, hold,
administer, and use gifts, devises, and bequests.''.
SEC. 10. FISHERIES GEAR DEVELOPMENT.
Section 111 (16 U.S.C. 1381) is amended as follows:
(1) Subsection (a) is amended to read as follows:
``(a) Fishing Gear Development Program.--
``(1) In general.--The Secretary of Commerce (in this
section referred to as the `Secretary') shall--
``(A) carry out a program for the purpose of devising
improved fishing gear and methods so as to reduce to the
maximum extent practicable the incidental taking of marine
mammals in connection with fishing operations; and
``(B) make every practicable effort to develop, evaluate,
and make available to owners and operators of fishing vessels
such gear and fishing method improvements as quickly as
possible.
``(2) Coordination with other countries.--The Secretary may
coordinate with other countries to foster gear technology
transfer initiatives to reduce to the maximum extent
practicable the incidental mortality and serious injury of
marine mammals throughout the full extent of their range.''.
(2) By adding at the end the following:
``(e) Gear Improvement Mini-Grant Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary may establish a grant program
to provide financial assistance for developing,
manufacturing, testing, or designing new types of fishing
gear designed to reduce to the maximum extent practicable the
incidental taking (including incidental mortality and serious
injury) of marine mammals.
``(2) Grant amount and purposes.--The amount of a grant
under this subsection may not exceed $20,000.
``(3) Grant applications.--To receive a grant under this
section, an applicant must submit an application in such form
and manner as the Secretary may prescribe.
``(4) Consultation regarding criteria.--The Secretary shall
consult with the Secretary of the Interior and the Marine
Mammal Commission regarding the development of criteria for
the awarding of grants under this subsection.
``(5) Administrative costs.--Of amounts available each
fiscal year to carry out this subsection, the Secretary may
expend not more than $40,000 to pay the administrative
expenses necessary to carry out this subsection.
``(6) Contributions.--For purposes of carrying out this
section, the Secretary may accept, solicit, receive, hold,
administer, and use gifts, devises, and bequests.''.
SEC. 11. CONFORMING AMENDMENT.
Subsection (c) of the Dolphin Protection Consumer
Information Act (16 U.S.C. 1385) is amended in paragraph (2)
by striking ``160 degrees west longitude'' and inserting
``150 degrees west longitude''.
SEC. 12. TAKE REDUCTION PLANS.
(a) In General.--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 2006--
``(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) commercial and recreational fisheries that have
frequent incidental mortality and serious injury of marine
mammals;
``(ii) commercial and recreational 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) in the matter preceding clause
(i) by striking ``a commercial fishery'' and inserting ``that
fishery''.
(6) In subsection (c)(3)(E) by inserting ``commercial''
after ``any''.
(7) In subsection (c)(5)(B) by striking ``commercial''.
(8) 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)''.
(9) 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)''.
(10) 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)''.
(D) In subparagraph (C) by striking ``commercial
fisheries'' and inserting ``fisheries listed under subsection
(c)(1)(A)(i) or (ii)''.
(11) In subsection (d)(5) by striking ``commercial fishing
operations'' and inserting ``fishing operations in fisheries
listed under subsection (c)(1)(A)(i) or (ii)''.
(12) 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''.
(13) In subsection (f) by striking so much as precedes
paragraph (2) and inserting the following:
``(f) Take Reduction Plans.--(1) The Secretary shall
develop and implement a take reduction plan designed to
assist in the recovery or prevent the depletion of each
strategic stock which interacts with a fishery listed under
subsection (c)(1)(A)(i) or (ii), unless the Secretary
determines, after notice and opportunity for public comment,
that the level of fishery related mortality and serious
injury is having a negligible impact on that stock. The
Secretary may develop and implement a take reduction plan for
any other marine mammal stocks which interact with a fishery
listed under subsection (c)(1)(A)(i) which the Secretary
determines, after notice and opportunity for public comment,
has a high level of mortality and serious injury across a
number of such marine mammal stocks.''.
(14) 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)''.
(15) In subsection (f)(3) by striking ``commercial''.
(16) 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)''.
(17) 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.
(18) 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)''.
(19) In subsection (f)(6)(C) in the second sentence, by
inserting before ``, and others'' the following: ``, where
appropriate 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''.
(20) 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 120 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''.
[[Page H5228]]
(21) In subsection (f)(7)(C) by striking ``Not later than
60 days'' and inserting ``Not later than 90 days''.
(22) In subsection (f)(7)(D) by striking ``commercial''.
(23) 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.
(24) 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)''.
(25) In subsection (g)(1) by striking ``commercial
fisheries'' and inserting ``fisheries listed under subsection
(c)(1)(A)(i) or (ii)''.
(26) In subsection (g)(3)(B) by striking ``commercial''.
(27) In subsection (g)(4) by striking ``commercial
fishery'' and inserting ``fishery listed under subsection
(c)(1)(A)(i) or (ii)''.
(28) In subsection (j) by inserting ``including observer,
research, and education and outreach programs,'' after ``For
purposes of carrying out this section,''.
(29) By amending subsection (d)(1)(C) to read as follows:
``(C) identify current fishery regulations and changes in
fishing methods or technology that may increase or decrease
incidental mortality and serious injury.''.
(30) In subsection (f)(2) in the last sentence by inserting
``conservation benefits of'' before ``State or regional
fishery management plans.''.
(31) By amending subsection (f)(4)(A) to read as follows:
``(A) a review of the information in the final stock
assessment published under section 117(b), any substantial
new information, a review of the conservation benefits from
current State and regional fishery management regulations;''.
(b) Stock Assessments.--Section 117(a)(4) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by inserting ``and'' at the end of subparagraph (D);
and
(3) by adding at the end the following:
``(E) potential conservation benefits provided by State and
regional fishery management regulations;''.
(c) Conforming Amendment.--Section 101(a)(5)(E) (16 U.S.C.
1371(a)(5)(E)) is amended by inserting ``or recreational''
after ``commercial'' each place it appears.
SEC. 13. PINNIPED CONTROL PROGRAM.
Section 120 (16 U.S.C. 1389) is amended by adding at the
end the following:
``(k) Nonlethal Removal and Control.--(1) The Secretary
shall conduct a program on the nonlethal removal and control
of nuisance pinnipeds. The program 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 program under this subsection,
representatives of the commercial and recreational fishing
industries and, as appropriate, individuals with scientific
proficiency, technical credentials, and expertise.
``(3) The Secretary is encouraged, where appropriate, to
use independent marine mammal research institutions in
developing and in conducting the 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.
``(l) Qualified Nonlethal Control Projects.--
``(1) In general.--The Secretary may, to the extent amounts
are available to carry out this subsection, provide a grant
to any eligible applicant to carry out a qualified nonlethal
control project in accordance with this subsection.
``(2) Applications.--The Secretary shall--
``(A) publish guidelines for and solicit applications for
grants under this subsection not later than 6 months after
the date of enactment of this subsection; and
``(B) receive, review, evaluate, and approve applications
for grants under this subsection.
``(3) Eligible applicant.--To be an eligible applicant for
purposes of paragraph (1), an applicant must--
``(A) be a State, local government, or interstate or
regional agency; and
``(B) have adequate personnel, funding, and authority to
carry out and monitor or maintain a nonlethal control of
nuisance pinnipeds project.
``(4) Qualified control project.--To be a qualified control
project under this subsection, a project must--
``(A) by humane and nonlethal means, remove, deter, and
control nuisance pinnipeds in areas where they are a
recurrent and persistent threat to public health and safety;
and
``(B) encourage public notice, education, and outreach on
project activities in the affected community.
``(5) Grant duration.--Each grant under this subsection
shall be to provide funding for the Federal share of the cost
of a project carried out with the grant for up to 2 fiscal
years.
``(6) Reporting by grantee.--
``(A) In general.--A grantee carrying out a control project
with a grant under this subsection shall report to the
Secretary at the expiration of the grant.
``(B) Report contents.--Each report under this subsection
shall include specific information on the methods and
techniques used to control nuisance pinniped species in the
project area, and on the ensuing results.
``(7) Cost sharing.--
``(A) Federal share.--Except as provided in paragraphs (2)
and (3), the Federal share of the cost of a project carried
out with a grant under this subsection shall not exceed 75
percent of such cost.
``(B) Application of in-kind contributions.--The Secretary
may apply to the non-Federal share of costs of a control
project carried out with a grant under this subsection the
fair market value of services or any other form of in-kind
contribution to the project made by non-Federal interests
that the Secretary determines to be an appropriate
contribution equivalent to the monetary amount required for
the non-Federal share of the activity.
``(C) Derivation of non-federal share.--The non-Federal
share of the cost of a control project carried out with a
grant under this subsection may not be derived from a Federal
grant program or other Federal funds.
``(8) Clarification.--Nothing in this subsection shall be
interpreted as suspending or waiving any requirement under
any other provision of this Act.''.
SEC. 14. 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 (16 U.S.C. 1406) is
amended--
(1) in paragraph (4) by striking ``(but at rates for
individuals not to exceed $100 per diem)''; and
(2) in paragraph (5) by striking ``Financial'' and all that
follows through the end of that sentence.
SEC. 15. 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 ``stranded''.
(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) John H. Prescott Marine Mammal Rescue Assistance Grant
Program.--
(1) Authorization of appropriations for grant program.--
Section 408(h) (16 U.S.C. 1421f-1(h)) is amended by striking
``$5,000,000 for each of fiscal years 2001 through 2003'' and
inserting ``$5,000,000 for each of fiscal years 2007 through
2010''.
(2) Administrative costs and expenses.--Section 408 (16
U.S.C. 1421f-1) is amended--
(A) by adding at the end of subsection (a)(1) the
following: ``All funds available to implement this section
shall be distributed to eligible stranding network
participants for the purposes set forth in this paragraph and
paragraph (2), except as provided in subsection (f).''; and
(B) by amending subsection (f) to read as follows:
``(f) Administrative Costs and Expenses.--Of the amounts
available each fiscal year to carry out this section, the
Secretary may expend not more than 5 percent or $80,000,
whichever is greater, to pay the administrative costs and
administrative expenses to implement the grant program under
subsection (a). Any such funds retained by the Secretary for
a fiscal year for
[[Page H5229]]
such costs and expenses that are not used for such costs and
expenses before the end of the fiscal year shall be provided
as grants under subsection (a).''.
(3) Emergency assistance.--Section 408 (16 U.S.C. 1421f-1)
is amended--
(A) in subsection (a) by redesignating paragraph (2) as
paragraph (3), and by inserting after paragraph (1) the
following:
``(2) Subject to the availability of appropriations, the
Secretary may also enter into cooperative agreements,
contracts, or such other agreements or arrangements as the
Secretary considers appropriate to address stranding events
requiring emergency assistance.'';
(B) in subsection (d) by inserting ``(1)'' before the text,
and by adding at the end the following:
``(2) Funding for emergency stranding projects shall not be
subject to the funding limit established in paragraph (1).'';
(C) in subsection (e)--
(i) in paragraph (1) by striking ``The non-Federal'' and
inserting ``Except as provided in paragraph (2), the non-
Federal'';
(ii) by redesignating paragraph (2) as paragraph (3); and
(iii) by inserting after paragraph (1) the following:
``(2) Emergency assistance.--No non-Federal contribution
shall be required for funding for a response to an emergency
stranding event.''; and
(D) in subsection (g) by redesignating paragraph (2) as
paragraph (3) and inserting after paragraph (1) the
following:
``(2) Emergency assistance.--The term `emergency
assistance' means assistance provided for a stranding event
that--
``(A) is not an unusual mortality event as defined in
section 409(6);
``(B) leads to an immediate increase in required costs for
stranding response, recovery, or rehabilitation in excess of
regularly scheduled costs;
``(C) may be cyclical or endemic; and
``(D) may involve out-of-habitat animals.''.
(4) Contributions.--Section 408 (16 U.S.C. 1421f-1) is
amended by adding at the end the following:
``(i) Contributions.--For purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests.''.
(f) Authorization of Appropriations for Marine Mammal
Unusual Mortality Event 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 2007
through 2010''.
SEC. 16. 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 11-year period beginning October 31, 1999.
SEC. 17. POLAR BEARS.
(a) In General.--The Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) is amended by adding at the end
thereof the following:
``TITLE V--POLAR BEARS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Agreement.--The term `Agreement' means the Agreement
Between the Government of the United States of America and
the Government of the Russian Federation on the Conservation
and Management of the Alaska-Chukotka Polar Bear Population,
signed at Washington, D.C., on October 16, 2000.
``(2) Alaska nanuuq commission.--The term `Alaska Nanuuq
Commission' means the Alaska Native entity, in existence on
the date of enactment of this title, that represents all
villages in the State of Alaska that engage in the annual
subsistence taking of polar bears from the Alaska-Chukotka
population and any successor entity.
``(3) Import.--The term `import' means to land on, bring
into, or introduce into, or attempt to land on, bring into,
or introduce into, any place subject to the jurisdiction of
the United States, without regard to whether the landing,
bringing, or introduction constitutes an importation within
the meaning of the customs laws of the United States.
``(4) Polar bear part or product.--The term `part or
product of a polar bear' means any polar bear part or
product, including the gall bile and gall bladder.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Taking.--The term `taking' has the meaning given the
term in the Agreement.
``(7) Commission.--The term `Commission' means the
commission established under article 8 of the Agreement.
``SEC. 502. PROHIBITIONS.
``(a) In General.--It is unlawful for any person who is
subject to the jurisdiction of the United States--
``(1) to take any polar bear in violation of the Agreement;
``(2) to take any polar bear in violation of the Agreement
or any annual taking limit or other restriction on the taking
of polar bears that is adopted by the Commission pursuant to
the Agreement;
``(3) to import, export, possess, transport, sell, receive,
acquire, or purchase, exchange, barter, or offer to sell,
purchase, exchange, or barter any polar bear, or any part or
product of a polar bear, that is taken in violation of
paragraph (2);
``(4) to import, export, sell, purchase, exchange, barter,
or offer to sell, purchase, exchange, or barter, any polar
bear gall bile or polar bear gall bladder;
``(5) to commit, solicit another person to commit, or cause
to be committed, any offense under this subsection; or
``(6) to violate any regulation promulgated by the
Secretary to implement any of the prohibitions established in
this subsection.
``(b) Exceptions.--For the purpose of forensic testing or
any other law enforcement purpose, the Secretary, and Federal
law enforcement officials, and any State or local law
enforcement official authorized by the Secretary, may import
a polar bear or any part or product of a polar bear.
``SEC. 503. ADMINISTRATION.
``(a) In General.--The Secretary, acting through the
Director of the United States Fish and Wildlife Service,
shall do all things necessary and appropriate, including the
promulgation of regulations, to implement, enforce, and
administer the provisions of the Agreement on behalf of the
United States. The Secretary shall consult with the Secretary
of State and the Alaska Nanuuq Commission on matters
involving the implementation of the Agreement.
``(b) Utilization of Other Government Resources and
Authorities.--
``(1) Other government resources.--The Secretary may
utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal
agency, any State agency, or the Alaska Nanuuq Commission for
purposes of carrying out this title or the Agreement.
``(2) Other powers and authorities.--Any person authorized
by the Secretary under this subsection to enforce this title
or the Agreement shall have the authorities that are
enumerated in section 6(b) of the Lacey Act Amendments of
1981 (16 U.S.C. 3375(b)).
``(c) Ensuring Compliance.--
``(1) Title i authorities.--The Secretary may use
authorities granted under title I to enforce this title.
``(2) Additional authorities.--Any gun, trap, net, or other
equipment used, to aid in the violation or attempted
violation of this title shall be subject to seizure and
forfeiture under section 106.
``(d) Regulations.--
``(1) In general.--The Secretary shall promulgate such
regulations as are necessary to carry out this title and the
Agreement.
``(2) Ordinances and regulations.--If necessary to carry
out this title and the Agreement, and to improve compliance
with any annual taking limit or other restriction on taking
adopted by the Commission and implemented by the Secretary in
accordance with this title, the Secretary may promulgate
regulations that adopt any ordinance or regulation that
restricts the taking of polar bears for subsistence purposes
if the ordinance or regulation has been promulgated by the
Alaska Nanuuq Commission.
``SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO
DELEGATE ENFORCEMENT AUTHORITY.
``(a) In General.--The Secretary, acting through the
Director of the United States Fish and Wildlife Service, may
share authority under this title for the management of the
taking of polar bears for subsistence purposes with the
Alaska Nanuuq Commission if such commission is eligible under
subsection (b).
``(b) Delegation.--To be eligible for the management
authority described in subsection (a), the Alaska Nanuuq
Commission shall--
``(1) enter into a cooperative agreement with the Secretary
under section 119 for the conservation of polar bears;
``(2) meaningfully monitor compliance with this title and
the Agreement by Alaska Natives; and
``(3) administer its co-management program for polar bears
in accordance with--
``(A) this title; and
``(B) the Agreement.
``SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL
EXPENSES, AND CLAIMS.
``(a) Appointment of U.S. Commissioners.--
``(1) Appointment.--The United States commissioners on the
Commission shall be appointed by the President, in accordance
with paragraph 2 of article 8 of the Agreement, after taking
into consideration the recommendations of--
``(A) the Secretary;
``(B) the Secretary of State; and
``(C) the Alaska Nanuuq Commission.
``(2) Qualifications.--Both of the United States
commissioners shall have knowledge or expertise in polar
bears.
``(3) Service and term.--Each United States commissioner
shall serve--
``(A) at the pleasure of the President; and
``(B) for an initial 4-year term and such additional terms
as the President shall determine.
``(4) Vacancies.--
``(A) In general.--Any individual appointed to fill a
vacancy occurring before the expiration of any term of office
of a United States commissioner shall be appointed for the
remainder of that term.
``(B) Manner.--Any vacancy on the Commission shall be
filled in the same manner as the original appointment.
``(b) Alternate Commissioners.--
``(1) In general.--The Secretary, in consultation with the
Secretary of State and the Alaska Nanuuq Commission, shall
designate an alternate commissioner for each member of the
United States section.
``(2) Duties.--In the absence of a United States
commissioner, an alternate commissioner may exercise all
functions of the United States commissioner at any meetings
[[Page H5230]]
of the Commission or of the United States section.
``(3) Reappointment.--An alternate commissioner--
``(A) shall be eligible for reappointment by the President;
and
``(B) may attend all meetings of the United States section.
``(c) Duties.--The members of the United States section may
carry out the functions and responsibilities described in
article 8 of the Agreement in accordance with this title and
the Agreement.
``(d) Compensation and Expenses.--
``(1) Compensation.--A member of the United States section
shall serve without compensation.
``(2) Travel expenses.--A member of the United States
section shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular place
of business of the member in the performance of the duties of
the United States-Russia Polar Bear Commission.
``(e) Agency Designation.--The United States section shall,
for the purpose of title 28, United States Code, relating to
claims against the United States and tort claims procedure,
be considered to be a Federal agency.
``SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON
MATTERS BEFORE THE COMMISSION.
``In accordance with paragraph 3 of article 8 of the
Agreement, the United States section , made up of
commissioners appointed by the President, shall vote on any
issue before the United States-Russia Polar Bear Commission
only if there is no disagreement between the United States
commissioners regarding the vote.
``SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE
COMMISSION.
``(a) In General.--The Secretary shall take all necessary
actions to implement the decisions and determinations of the
Commission under paragraph 7 of article 8 of the Agreement.
``(b) Taking Limitation.--Not later than 60 days after the
date on which the Secretary receives notice of the
determination of the Commission of an annual taking limit, or
of the adoption by the Commission of other restriction on the
taking of polar bears for subsistence purposes, the Secretary
shall publish a notice in the Federal Register announcing the
determination or restriction.
``SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.
``The authority of the Secretary under this title is in
addition to, and shall not affect the authority of the
Secretary under, the other titles of this Act or the Lacey
Act Amendments of 1981 (16 U.S.C. 3371 et seq.) or the
exemption for Alaskan natives under section 101(b) of this
Act.
``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary
to carry out this title and the Agreement $2,000,000 for each
of fiscal years 2007 through 2010.''.
(b) Clerical Amendment.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) is amended by adding at the end the
following:
``TITLE V--POLAR BEARS
``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration.
``Sec. 504. Cooperative management agreement; authority to delegate
enforcement authority.
``Sec. 505. Commission appointments; compensation, travel expenses, and
claims.
``Sec. 506. Votes taken by the United States Section on matters before
the Commission.
``Sec. 507. Implementation of actions taken by the Commission.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.
(c) Treatment of Containers.--Section 107(d)(2) of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1377(d)(2))
is amended--
(1) by striking ``or other conveyance'' and inserting ``,
other conveyance, or container''; and
(2) by striking ``or conveyance'' and inserting
``conveyance, or container''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I urge my colleagues to support this legislation, which
reauthorizes portions of the Marine Mammal Protection Act, authored by
Resources Chairman Richard Pombo.
The Marine Mammal Protection Act was enacted in 1972 with the purpose
of protecting and restoring marine mammal populations. The act has been
very successful over its 30-year history in recovering marine mammal
populations, and this legislation builds on those accomplishments.
Recently, there have been many news reports on the status of polar
bears and other arctic marine mammal species. H.R. 4075 includes
language which will allow for increased international cooperation to
help protect the shared U.S.-Russia polar bear population. In fact,
without these provisions, the future of polar bear populations in
Russia is very much in jeopardy. It also authorizes much needed
research which will afford us the opportunity to better understand the
needs of marine mammals and give us the means to better conserve these
species for future generations.
H.R. 4075 also authorizes the Prescott Marine Mammal Stranding
program. The Prescott program has been very successful in recovering
and rehabbing thousands of stranded marine mammals. The Prescott
program supports a network of facilities around the Nation that have
dedicated themselves to the recovery of stranded marine mammals.
H.R. 4075 includes additional provisions which will support the
development of cleaner fishing gear to reduce interactions with marine
mammals. It also authorizes research to develop nonlethal measures to
control nuisance pinniped populations. Finally, H.R. 4075 clarifies the
permit requirements for marine mammals on public display.
While it is not a major reauthorization of the Marine Mammal
Protection Act, these amendments have been carefully crafted and are
specifically designed to enhance the fundamental conservation goals of
this important law. This is a good conservation bill. It is good for
marine mammals, and it should be overwhelmingly adopted.
Finally, I wish to thank Chairman Henry Hyde of the International
Relations Committee and Chairman Bill Thomas of the Ways and Means
Committee and their staffs for their cooperation in moving this
legislation. At this time I will include in the Record an exchange of
letters between our committees on this bill.
I urge an ``aye'' vote on H.R. 4075.
Committee on Resources,
House of Representatives,
Washington, DC, July 13, 2006.
Hon. William M. Thomas,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Mr. Chairman: I ask your cooperation to help schedule
consideration by the House of Representatives of H.R. 4075,
the Marine Mammal Protection Act Amendments of 2006, during
the week of July 17-21, 2006. I have proposed an amendment to
this bill which includes text from S. 2013, the United
States-Russia Polar Bear Conservation and Management Act of
2005. The Committee on Ways and Means has a jurisdictional
interest in this Senate bill because of its inclusion of
trade measures.
My staff has worked with yours to develop a mutually-agreed
on text for this amendment, and I have enclosed this
amendment for your review. I ask that you not seek a referral
of H.R. 4075 based on the inclusion of this language to
expedite Floor scheduling. Of course, this action would not
be considered as waiving or affecting your jurisdiction over
the subject matter of the amendment, nor as precedent for any
future referrals of similar measures. Moreover, if the bill
is conference with the Senate, I would support naming Ways
and Means Committee members to the conference committee for
the trade provisions. I would also be pleased to include this
letter and your response in the Congressional Record during
consideration of the bill on the Floor.
Mr. Chairman, I have been very pleased with the tremendous
degree of cooperation between our two Committees. Your staff,
especially Angela Ellard and Steven Schrage, has been
responsive and thoughtful, and my staff very much appreciates
their support and teamwork. I hope that you will give my
request serious consideration and I look forward to your
response.
Sincerely,
Richard Pombo,
Chairman.
____
Committee on Ways and Means,
House of Representatives,
Washington, DC, July 13, 2006.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Washington, DC.
Dear Chairman Pombo: Thank you for your letter regarding
H.R. 4075, the ``Marine Mammal Protection Act Amendments of
2006,'' which is scheduled for floor consideration during the
week of July 17th.
As you noted, the Committee on Ways and Means maintains
jurisdiction over trade
[[Page H5231]]
measures. H.R. 4075, as amended, includes text which falls
within the jurisdiction of the Committee on Ways and Means.
However, in order to expedite this bill for floor
consideration, the Committee will forgo action. This is being
done with the understanding that it does not in any way
prejudice the Committee with respect to the appointment of
conferees or its jurisdictional prerogatives on this bill or
similar legislation in the future.
I appreciate your cooperation in this matter and agree to
your offer to include this exchange of letters in the
Congressional Record during floor consideration.
Best regards,
Bill Thomas,
Chairman.
____
Committee on Resources,
House of Representatives,
Washington, DC, July 12, 2006.
Hon. Henry J. Hyde,
Chairman Committee on International Relations, Washington,
DC.
Dear Mr. Chairman: I ask your cooperation to help schedule,
consideration by the House of Representatives of H.R. 4075,
the Marine Mammal Protection Act Amendments of 2006, during
the week of July 17-21, 2006. I have proposed an amendment to
this bill which includes text from S. 2013, the United
States-Russia Polar Bear Conservation and Management Act of
2005. Obviously, the Committee on International Relations has
a jurisdictional interest in this Senate bill.
My staff has worked with yours to develop a mutually-agreed
on text for this amendment, and I have enclosed this
amendment for your review. I ask that you not seek a referral
of H.R. 4075 based on the inclusion of this language to
expedite Floor scheduling. Of course, this action would not
be considered as waiving or affecting your jurisdiction over
the subject matter of the amendment, nor as precedent for any
future referrals of similar measures. Moreover, if the bill
is conferenced with the Senate, I would support naming
International Relations Committee members to the conference
committee for the polar bear provisions. I would also be
pleased to include this letter and your response in the
Congressional Record during consideration of the bill on the
Floor.
Mr. Chairman, I have been very pleased with the tremendous
degree of cooperation between our two Committees. Your staff
has been responsive and thoughtful, and my staff very much
appreciates their support and teamwork. I hope that you will
give my request serious consideration, and I look forward to
your response.
Sincerely,
Richard Pombo,
Chairman.
____
Hon. Richard W. Pombo,
Chairman, Committee on Resources, Washington, DC.
Dear Mr. Chairman: Thank you for your letter concerning
H.R. 4075, the ``Marine Mammal Protection Act Amendments of
2006.'' I understand that the text of your proposed amendment
contains text from S. 2013, the ``United States-Russia Polar
Bear Conservation and Management Act of 2005.''
The language in question does impact the Rule X
jurisdiction of the Committee on International Relations.
However, since our committees have developed a mutually
agreed-upon text for this amendment, I will agree not to seek
a referral of H.R. 4075 in order to expedite your Committee's
ability to schedule this for House consideration.
I appreciate your willingness to support the appointment of
conferees from this Committee on this matter, should it go to
conference. Please place our exchange of letters into the
Record during the debate on this matter.
With best wishes,
Sincerely,
Henry J. Hyde,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Mr. Speaker, in 1972 Congress enacted the Marine Mammal
Protection Act to protect marine mammals from harmful human activities.
It is a landmark statute in our pantheon of national environmental
laws, providing for the conservation and management of whales,
dolphins, porpoises, seals, sea lions, and other marine mammals.
In the past, consideration of amendments to MMPA was done on a
bipartisan basis, such as significant changes made by Congress in 1994.
However, during this Congress, I have stood opposed to further
consideration of MMPA legislation the Resources Committee approved
almost 1 year to this day, until today. Let me emphasize that my
opposition was until today.
This was because the bill would have eliminated a fundamental mandate
of MMPA known as the ``deadline for the zero rate mortality goal.'' In
other words, we, as a Nation, are to strive to put into place
management regimes which will reduce, and ideally eliminate, marine
mammal fatalities at the hands of human beings.
The troublesome provision which would have eliminated the deadline
has been dropped from the legislation we are now considering. In this
regard I would like to express my appreciation to Chairman Pombo for
agreeing to this, and I am pleased to say that I support the bill as
amended today and urge its approval by this body.
Mr. Speaker, I yield back the balance of my time.
Mr. RENZI. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and
pass the bill, H.R. 4075, 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.
____________________