[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.

                          ____________________