[House Report 106-242]
[From the U.S. Government Publishing Office]






106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-242

======================================================================



 
              MARINE MAMMAL RESCUE ASSISTANCE ACT OF 1999

                                _______
                                

 July 20, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1934]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1934) to amend the Marine Mammal Protection Act of 1972 
to establish the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Marine Mammal Rescue Assistance Act of 
1999''.

SEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM.

  (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371 et seq.) is amended--
          (1) by redesignating sections 408 and 409 as sections 409 and 
        410, respectively; and
          (2) by inserting after section 407 the following:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
                    PROGRAM.

  ``(a) In General.--(1) Subject to the availability of appropriations, 
the Secretary shall conduct a grant program to be known as the John H. 
Prescott Marine Mammal Rescue Assistance Grant Program, to provide 
grants to eligible stranding network participants for the recovery or 
treatment of marine mammals, the collection of data from living or dead 
marine mammals for scientific research regarding marine mammal health, 
and facility operation costs that are directly related to those 
purposes.
  ``(2)(A) The Secretary shall ensure that, to the greatest extent 
practicable, funds provided as grants under this subsection are 
distributed equitably among the designated stranding regions.
  ``(B) In determining priorities among such regions, the Secretary may 
consider--
          ``(i) any episodic stranding or any mortality event other 
        than an event described in section 410(6), that occurred in any 
        region in the preceding year; and
          ``(ii) data regarding average annual strandings and mortality 
        events per region.
  ``(b) Application.--To receive a grant under this section, a 
stranding network participant shall submit an application in such form 
and manner as the Secretary may prescribe.
  ``(c) Advisory Group.--
          ``(1) In general.--The Secretary, in consultation with the 
        Marine Mammal Commission, shall establish an advisory group in 
        accordance with this subsection to advise the Secretary 
        regarding the implementation of this section, including the 
        award of grants under this section.
          ``(2) Membership.--The advisory group shall consist of a 
        representative from each of the designated stranding regions 
        and other individuals who represent public and private 
        organizations that are actively involved in rescue, 
        rehabilitation, release, scientific research, and forensic 
        science regarding stranded marine mammals.
          ``(3) Public participation.--
                  ``(A) Meetings.--The advisory group shall--
                          ``(i) ensure that each meeting of the 
                        advisory group is open to the public; and
                          ``(ii) provide, at each meeting of the 
                        advisory group, an opportunity for interested 
                        persons to present oral or written statements 
                        concerning items on the agenda for the meeting.
                  ``(B) Notice.--The Secretary shall provide to the 
                public timely notice of each meeting of the advisory 
                group.
                  ``(C) Minutes.--The Secretary shall keep and make 
                available to the public minutes of each meeting of the 
                advisory group.
          ``(4) Exemption.--The Federal Advisory Committee Act (5 App. 
        U.S.C.) shall not apply to the establishment and activities of 
        an advisory group in accordance with this subsection.
  ``(d) Limitation.--The amount of a grant under this section shall not 
exceed $100,000.
  ``(e) Matching Requirement.--
          ``(1) In general.--The non-Federal share of the costs of an 
        activity conducted with a grant under this section shall be 25 
        percent of such costs.
          ``(2) In-kind contributions.--The Secretary may apply to the 
        non-Federal share of an activity conducted with a grant under 
        this section the amount of funds, and the fair market value of 
        property and services, provided by non-Federal sources and used 
        for the activity.
  ``(f) Administrative Expenses.--Of amounts available each fiscal year 
to carry out this section, the Secretary may expend not more than 6 
percent to pay the administrative expenses necessary to carry out this 
section.
  ``(g) Definitions.--In this section:
          ``(1) Designated stranding region.--The term `designated 
        stranding region' means a geographic region designated by the 
        Secretary for purposes of administration of this title.
          ``(2) Secretary.--The term `Secretary' has the meaning given 
        that term in section 3(12)(A).
  ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 2001 through 2003, to remain available until 
expended.''.
  (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting 
``(other than section 408)'' after ``title IV''.
  (c) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended 
by striking the items relating to sections 408 and 409 and inserting 
the following:

``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant 
Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

                          Purpose of the Bill

    The purpose of H.R. 1934 is to amend the Marine Mammal 
Protection Act of 1972 to establish the John H. Prescott Marine 
Mammal Rescue Assistance Grant Program.

                  Background and Need for Legislation

    The Marine Mammal Protection Act (MMPA, 16 U.S.C. 1361 et 
seq.) generally bans the taking of marine mammals in U.S. 
waters and by U.S. citizens on the high seas, and on the 
importation of marine mammals and marine mammal products into 
the United States. The term ``take'' is defined to mean ``to 
harass, hunt, capture, or kill, or attempt to harass, hunt 
capture or kill any marine mammal.''
    Jurisdiction over marine mammals under the MMPA is divided 
between the Secretary of Commerce, acting through the National 
Marine Fisheries Service (NMFS), who is responsible for the 
conservation and management of pinnipeds (seals and sea lions, 
other than walruses) and cetaceans (dolphins and whales), and 
the Secretary of the Interior, acting through the U.S. Fish and 
Wildlife Service (FWS), who is responsible for walruses, sea 
and marine otters, polar bears, manatees and dugongs. State 
management of resident marine mammal populations is allowed if 
the Secretary approves a State marine mammal management program 
consistent with the MMPA. Criminal and civil penalties are 
prescribed for violations of the MMPA.
    In 1992, Congress enacted the Marine Mammal Health and 
Stranding Response Act which: (1) statutorily recognized the 
marine mammal stranding network; (2) established procedures for 
responding to unusual mortality events affecting marine 
mammals; and (3) established the National Marine Mammal Tissue 
Bank. The Marine Mammal Health and Stranding Response Act is 
Title IV of the MMPA. Section 408 of the MMPA authorizes 
appropriations for stranding data collection and the 
maintenance of the Marine Mammal Tissue Bank. Section 405 
permits NMFS to compensate persons for: (1) special costs 
incurred in accordance with a contingency plan for an unusual 
mortality event; (2) costs incurred in preparing and 
transporting tissues collected during an unusual mortality 
event for the Tissue Bank; and (3) care and maintenance of 
marine mammals seized from a licensed public display facility.
    A Marine Mammal Stranding Network has been established in 
most coastal States. Most members of the Stranding Network are 
volunteers who respond to both live and dead strandings of 
cetaceans and pinnipeds. Network organizations and their 
members must satisfy minimum marine mammal experience 
requirements to be authorized as Network participants by NMFS. 
Network participants are required to collect certain basic 
biological data, including species, sex, length, location, and 
any evidence of human interaction. In addition, they are 
encouraged to collect other data and tissues that can be used 
for scientific analysis (e.g., condition of ocean, temperature, 
etc.).
    Each year there are some 3,000 marine mammal strandings 
reported in the United States. Seals and sea lions account for 
about 2,000 of the strandings. Of the 1,000 cetacean 
strandings, more than half involve bottlenose dolphins, but 
significant numbers of pygmy sperm whales, harbor porpoises, 
and common dolphins also strand each year. Stranding Network 
members rehabilitate and release to the wild several hundred 
animals. Although most of the animals released are seals and 
sea lions, the number of cetaceans successfully treated has 
risen in the last few years.
    Most marine mammal strandings are not associated with 
unusual mortality events. They involve the recovery of a dead 
marine mammal or the rescue of an animal that can be 
rehabilitated and released back into the wild. In most cases, 
this assistance is provided by small, underfunded members of 
the Marine Mammal Stranding Network, who go to extraordinary 
lengths to save these mammals. There is an overriding need to 
increase our scientific knowledge of marine mammals, and to 
conserve these valuable species. Therefore, it is essential 
that a small federal grant program be established to help 
defray the high cost of recovery and rehabilitation of these 
marine mammals that fall outside the existing MMPA Title IV 
program. H.R. 1954 expands the existing MMPA stranding 
assistance program by allowing eligible Stranding Network 
participants to use funds for: (1) recovery and treatment of 
marine mammals; (2) collection of scientific data from live and 
dead animals; and (3) improving the treatment and operation of 
rescue and rehabilitation centers. The legislation also 
authorizes appropriations of $5 million per year until 
September 30, 2003.
    The program is named for and honors John H. Prescott, a 
former Executive Director and Director Emeritus of the New 
England Aquarium in Boston, Massachusetts, who passed away on 
June 30, 1998. He was a well-known and well-respected marine 
mammal educator, scientist and conservationist. During his 40-
year career, Mr. Prescott authored numerous articles on marine 
mammal behavior, husbandry, rehabilitation and rescue, and led 
the New England Aquarium to its preeminent position in the 
rescue, study and rehabilitation of stranded marine mammals. 
Mr. Prescott also served as an advisor to the U.S. Marine 
Mammal Commission; a member of the Scientific Advisory Board, 
American Cetacean Society; a member of the Society for Marine 
Mammalogy; Chairman of the NMFS Humpback Whale Recovery Team; 
and five years as a member of the U.S. delegation to the 
International Whaling Commission.

                            Committee Action

    H.R. 1934 was introduced on May 25, 1999, by Congressmen 
Jim Saxton (R-NJ), Eni Faleomavaega (D-AS) and Frank LoBiondo 
(R-NJ). The bill was referred to the Committee on Resources, 
and within the Committee to the Subcommittee on Fisheries 
Conservation, Wildlife and Oceans. On June 10, 1999, the 
Subcommittee held a hearing on the bill. Testimony was heard 
from Mr. Marshall Jones, Assistant Director for International 
Affairs, FWS; Ms. Penelope Dalton, Assistant Administrator for 
Fisheries, NMFS; Mr. Robert Schoelkopf, Director, Marine Mammal 
Stranding Center; Dr. Andrew Stamper, Head Veterinarian, New 
England Aquarium; Dr. Charles Manire, Chief, Marine Mammal 
Strandings, Mote Marine Laboratory; and Mr. Wayne Pacelle, 
Senior Vice President, Humane Society of the United States. 
Each public witness strongly supported the bill. However, NMFS 
believed it was more appropriate to address the issue of 
funding the stranding network within the context of an MMPA 
reauthorization. On June 22, 1999, the Subcommittee met to mark 
up the bill. Chairman Saxton offered an amendment in the nature 
of a substitute that: (1) required the Secretary to establish 
an advisory group for evaluating grant proposals; (2) expanded 
the 25-percentnon-federal match to include in-kind 
contributions; (3) authorized an administrative expense provision with 
a cap of six percent; and (4) clarified that the grants for collection 
of information include both live and dead marine mammals for the 
purpose of scientific research. The amendment was adopted by voice 
vote. The bill, as amended, was then favorably reported by voice vote 
to the Full Committee.
    On June 30, 1999, the full Resources Committee met to 
consider the bill. Congressman Jim Saxton offered an amendment 
that: (1) ensured funds provided as grants are distributed 
equitably among the five designated stranding regions; (2) 
expanded membership of an existing advisory group to include 
representatives from each designated stranding region; and (3) 
defined ``designated stranding region.'' It was adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in this bill are not currently being nor could they be 
performed by one or more agencies, an advisory group already in 
existence or by enlarging the mandate of an existing advisory 
group.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of Rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 16, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1934, the Marine 
Mammal Rescue Assistance Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 1934--Marine Mammal Rescue Assistance Act of 1999

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that implementing H.R. 1934 would cost $15 
million over the 2001-2004 period. The bill would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 1934 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). Any costs incurred by 
state, local, or tribal governments would result from the 
voluntary participation in the grant program established by the 
bill.
    H.R. 1934 would direct the Secretary of Commerce to 
establish the John H. Prescott Marine Mammal Rescue Assistance 
Grant Program. Under this program, the National Marine 
Fisheries Service (NMFS) would provide grants to groups or 
individuals who assist stranded marine animals. The grants 
could be used to recover or treat these animals, collect data 
from living or dead specimens for research and cover operating 
costs for related facilities. The bill also would direct the 
Secretary to establish a group to advise the agency on 
implementing the new program, including making grants. The bill 
would authorize the appropriation of $5 million for each of 
fiscal years 2001 through 2003.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1934 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment). For purposes of this 
estimate, CBO assumes that the entire amounts authorized will 
be appropriated for each fiscal year. Estimated outlays are 
based on the experience of similar programs carried out by NMFS 
and other parts of the National Oceanic and Atmospheric 
Administration.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2000      2001      2002      2003      2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorization Level...........................................         0         5         5         5         0
Estimated Outlays.............................................         0         3         4         5         3
----------------------------------------------------------------------------------------------------------------

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1934 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Any costs incurred by state, local, or tribal 
governments would result from the voluntary participation in 
the grant program established by the bill.
    Estimate prepared by: Deborah Reis.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

THE MARINE MAMMAL PROTECTION ACT OF 1972

           *       *       *       *       *       *       *



                            TABLE OF CONTENTS

     * * * * * * *

          Title IV--Marine Mammal Health and Stranding Response

Sec. 401. Establishment of program.
     * * * * * * *
[Sec. 408. Authorization of appropriations.]
[Sec. 409. Definitions.]
Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant 
          Program.
Sec. 409. Authorization of appropriations.
Sec. 410. Definitions.

           *       *       *       *       *       *       *


                              Definitions

  Sec. 3. For the purposes of this Act--
          (1)  * * *

           *       *       *       *       *       *       *

          (12)(A)  * * *
          (B) in section 118 and title IV (other than section 
        408) the term ``Secretary'' means the Secretary of 
        Commerce.

           *       *       *       *       *       *       *


TITLE IV--MARINE MAMMAL HEALTH AND STRANDING RESPONSE

           *       *       *       *       *       *       *


SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
                    PROGRAM.

  (a) In General.--(1) Subject to the availability of 
appropriations, the Secretary shall conduct a grant program to 
be known as the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, to provide grants to eligible 
stranding network participants for the recovery or treatment of 
marine mammals, the collection of data from living or dead 
marine mammals for scientific research regarding marine mammal 
health, and facility operation costs that are directly related 
to those purposes.
  (2)(A) The Secretary shall ensure that, to the greatest 
extent practicable, funds provided as grants under this 
subsection are distributed equitably among the designated 
stranding regions.
  (B) In determining priorities among such regions, the 
Secretary may consider--
          (i) any episodic stranding or any mortality event 
        other than an event described in section 410(6), that 
        occurred in any region in the preceding year; and
          (ii) data regarding average annual strandings and 
        mortality events per region.
  (b) Application.--To receive a grant under this section, a 
stranding network participant shall submit an application in 
such form and manner as the Secretary may prescribe.
  (c) Advisory Group.--
          (1) In general.--The Secretary, in consultation with 
        the Marine Mammal Commission, shall establish an 
        advisory group in accordance with this subsection to 
        advise the Secretary regarding the implementation of 
        this section, including the award of grants under this 
        section.
          (2) Membership.--The advisory group shall consist of 
        a representative from each of the designated stranding 
        regions and other individuals who represent public and 
        private organizations that are actively involved in 
        rescue, rehabilitation, release, scientific research, 
        and forensic science regarding stranded marine mammals.
          (3) Public participation.--
                  (A) Meetings.--The advisory group shall--
                          (i) ensure that each meeting of the 
                        advisory group is open to the public; 
                        and
                          (ii) provide, at each meeting of the 
                        advisory group, an opportunity for 
                        interested persons to present oral or 
                        written statements concerning items on 
                        the agenda for the meeting.
                  (B) Notice.--The Secretary shall provide to 
                the public timely notice of each meeting of the 
                advisory group.
                  (C) Minutes.--The Secretary shall keep and 
                make available to the public minutes of each 
                meeting of the advisory group.
          (4) Exemption.--The Federal Advisory Committee Act (5 
        App. U.S.C.) shall not apply to the establishment and 
        activities of an advisory group in accordance with this 
        subsection.
  (d) Limitation.--The amount of a grant under this section 
shall not exceed $100,000.
  (e) Matching Requirement.--
          (1) In general.--The non-Federal share of the costs 
        of an activity conducted with a grant under this 
        section shall be 25 percent of such costs.
          (2) In-kind contributions.--The Secretary may apply 
        to the non-Federal share of an activity conducted with 
        a grant under this section the amount of funds, and the 
        fair market value of property and services, provided by 
        non-Federal sources and used for the activity.
  (f) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this section, the Secretary may expend 
not more than 6 percent to pay the administrative expenses 
necessary to carry out this section.
  (g) Definitions.--In this section:
          (1) Designated stranding region.--The term 
        ``designated stranding region'' means a geographic 
        region designated by the Secretary for purposes of 
        administration of this title.
          (2) Secretary.--The term ``Secretary'' has the 
        meaning given that term in section 3(12)(A).
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary to carry out this section 
$5,000,000 for each of fiscal years 2001 through 2003, to 
remain available until expended.

SEC. [408.] 409. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated--
          (1) to the Secretary for carrying out this title 
        (other than sections 405 and 407) $250,000 for each of 
        fiscal years 1993 and 1994;
          (2) to the Secretary for carrying out section 407, 
        $250,000 for each of fiscal years 1993 and 1994; and
          (3) to the Fund, $500,000 for fiscal year 1993.

SEC. [409.] 410. DEFINITIONS.

  In this title, the following definitions apply:
          (1)  * * *

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    We support this legislation which would enhance the 
activities of the Marine Mammal Health and Stranding Network. 
The Stranding Program is an important voluntary partnership 
network that provides invaluable information concerning the 
ecological and physical health of stranded marine mammals to 
the Federal government. Testimony before the Fisheries 
Conservation, Wildlife and Oceans Subcommittee demonstrated 
that average annual appropriations of $250,000 made available 
from the National Marine Fisheries Service (NMFS) to support or 
reimburse participating network facilities are insufficient to 
cover stranding response costs, especially costs to respond to 
unusual mortality events. This often creates unintended 
financial hardships on these very same facilities. The 
additional $5 million per year would provide much needed 
financial relief and would also enhance the capability of 
network facilities to provide expanded services including 
follow-up veterinary care, pharmaceutical treatments, and feed, 
maintenance and rehabilitation programs. In short, this 
additional funding should strengthen the existing network and 
ensure that participating facilities are not forced to choose 
between responding to stranding events or sacrificing other 
program activities. However, we do not intend this funding to 
be used by participating facilities to offset other expenses or 
replace funds raised from private sources.
    Witness testimony also made it clear that the full 
potential of the Stranding Program remains unrealized and the 
additional financial support should enable the Stranding 
Program to become more proactive. We expect that a portion of 
additional funds would bolster activities that are presently 
inadequately funded, such as development of a strong marine 
mammal health assessment program, and more expansive data 
collection regarding stranding rates, diseases and 
contaminants. Such information is vital to determine causal 
connections between marine mammals, the marine environment, and 
human perturbations. Moreover, NMFS could learn more from the 
retrieved tissues of deceased marine mammals. Unfortunately, 
the majority of stranded marine mammals never recover and 
perish in captivity. These carcasses are a tremendous 
biological resource that remain underutilized by veterinary and 
forensic researchers. We would expect NMFS to use a portion of 
the increased funding to support greater use of necropsy and 
more expansive laboratory tissue analyses. Alarming findings in 
California report that disease organisms such as the herpes 
virus, and neurotoxins such as domoic acid which occurs in 
harmful algal blooms, have been found in the tissues of marine 
mammal that consume sardines and anchovies. Considering the 
real potential for crossover affects that could jeopardize 
human health and safety, it is imperative that NMFS make 
optimal use of marine mammal carcasses to better learn why 
strandings occur, how diseases and toxins affect marine 
mammals, and how diseases might persist and be amplified 
through the marine food change.
    We also appreciate the majority's willingness to include 
our provision to ensure equitable distribution of grant funds 
among the five stranding network regions. Ten-year stranding 
data conclusively demonstrates that the three Pacific regions 
(Southwest, Northwest and Alaska) experience twice the number 
of strandings as reported for the two Atlantic regions 
(Northeast, Southeast). Because a sizable majority of stranding 
facilities are located in the Atlantic regions, we acknowledge 
the concern that simple geographic distribution based on 
strandings data might be counterproductive to the ultimate goal 
of improving the overall effectiveness of the Stranding 
Program. We recognize the legitimate need for additional 
resources to support existing stranding facilities, however we 
contend that equitable funding should be distributed to regions 
that experience high numbers of stranding events, such as the 
Southwest region which alone exceeds in strandings all other 
regions combined. Furthermore, we believe that additional funds 
should be distributed to fill in gaps in current response 
coverage for strandings that occur in remote areas, such as 
strandings in the Pacific, including Hawaii and the territories 
such as American Samoa. The most effective way to enhance the 
stranding Program is for NMFS to ensure that these additional 
dollars follow the demand generated by actual strandings, and 
not simply address the existing needs of participating network 
facilities.

                                   George Miller,
                                   Carlos Romero-Barcelo.
                                   Eni Faleomavaega.

                                

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