[House Report 108-464]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-464
======================================================================
 
            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 2004

                                _______
                                

 April 20, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                           SUPPLEMENTAL VIEWS

                        [To accompany H.R. 2693]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2693) to reauthorize the Marine Mammal Protection Act of 
1972, and for other purposes, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Marine Mammal Protection Act 
Amendments of 2004''.

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 as part of a 
                cultural exchange, by an Indian, Aleut, or Eskimo 
                residing in Alaska; or
                  ``(iii) 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. MISCELLANEOUS AUTHORIZATIONS OF APPROPRIATIONS.

  (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is 
amended to read as follows:
  ``(a) Department of Commerce.--(1) There are authorized to be 
appropriated to the Department of Commerce, for purposes of carrying 
out its functions and responsibilities under this title (other than 
sections 117 and 118) and title IV--
          ``(A) $23,728,000 for 2004;
          ``(B) $24,378,000 for 2005;
          ``(C) $25,028,000 for 2006;
          ``(D) $25,678,000 for 2007; and
          ``(E) $26,328,000 for 2008.
  ``(2) There are authorized to be appropriated to the Department of 
Commerce, for purposes of carrying out sections 117 and 118, 
$20,000,000 for each of the fiscal years 2004 through 2008.''.
  (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b)) 
is amended to read as follows:
  ``(b) Department of the Interior.--There are authorized to be 
appropriated to the Department of the Interior, for purposes of 
carrying out its functions and responsibilities under this title--
          ``(1) $11,800,000 for 2004;
          ``(2) $12,300,000 for 2005;
          ``(3) $12,800,000 for 2006;
          ``(4) $13,300,000 for 2007; and
          ``(5) $13,800,000 for 2008.''.
  (c) Cooperative Agreements in Alaska.--Section 119(d) (16 U.S.C. 
1388(d)) is amended by striking paragraphs (1) and (2) and inserting 
the following:
          ``(1) $2,000,000 to the Secretary of Commerce for each of 
        fiscal years 2004 through 2008; and
          ``(2) $1,500,000 to the Secretary of the Interior for each of 
        fiscal years 2004 through 2008.''.

SEC. 6. 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 2004--
          ``(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 the period the following: ``, 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''.
          (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. 7. PINNIPED RESEARCH.

  Section 120 (16 U.S.C. 1389) is amended by adding at the end the 
following:
  ``(k) Research on Nonlethal Removal and Control.--(1) The Secretary 
shall conduct research on the nonlethal removal and control of nuisance 
pinnipeds. The research 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 research program under this subsection, representatives of the 
commercial and recreational fishing industries.
  ``(3) The Secretary is encouraged, where appropriate, to use 
independent marine mammal research institutions in developing and in 
conducting the research 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.''.

SEC. 8. 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(4) (16 U.S.C. 1406(4)) is amended by 
striking ``(but at rates for individuals not to exceed $100 per 
diem)''.
  (c) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407) is 
amended to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to the Marine Mammal 
Commission for purposes of carrying out this title--
          ``(1) $2,000,000 for fiscal year 2004;
          ``(2) $2,050,000 for fiscal year 2005;
          ``(3) $2,100,000 for fiscal year 2006;
          ``(4) $2,150,000 for fiscal year 2007; and
          ``(5) $2,200,000 for fiscal year 2008.''.

SEC. 9. 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 8-year period 
beginning October 31, 1999.

SEC. 10. POLAR BEAR PERMITS.

  Section 104 (16 U.S.C. 1374) is amended--
          (1) in subsection (c)(5)(D)--
                  (A) by striking ``the date of enactment of the Marine 
                Mammal Protection Act Amendments of 1994'' and 
                inserting ``February 18, 1997''; and
                  (B) by striking ``, expeditiously after the 
                expiration of the applicable 30 day period under 
                subsection (d)(2),'';
          (2) in subsection (d)(2) by inserting before the period at 
        the end of the first sentence the following: ``, except for an 
        application for a permit to import polar bear parts under 
        subsection (c)(5)'';
          (3) in subsection (d)(5) by inserting before the period at 
        the end of the last sentence the following: ``if a notice of 
        application was required to be published pursuant to paragraph 
        (2) with respect to the permit''; and
          (4) in subsection (c)(5) by adding at the end the following:
  ``(E) The Secretary shall make available to the public on a 
semiannual basis information concerning the permits issued or denied 
under this paragraph.''.

SEC. 11. 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).''.

SEC. 12. 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) Authorizations of Appropriations.--
          (1) Grant program.--Section 408(h) (16 U.S.C. 1421f-1(h)) is 
        amended by striking ``fiscal years 2001 through 2003'' and 
        inserting ``fiscal years 2004 through 2008''.
          (2) 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 2004 through 2008''.
  (f) Section 408 (16 U.S.C. 1421f-1), is amended--
          (1) 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 
        three purposes set forth in this paragraph, except as provided 
        in subsection (f).''; and
          (2) 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 shall not 
expend more than 6 percent or $80,000, whichever is greater, to pay the 
administrative costs and administrative expenses to implement the grant 
program provided for in subsection (a)(1). Any funds retained by the 
Secretary shall be used only for such administrative costs and expenses 
and any such funds that are not expended by the Secretary at the end of 
each fiscal year shall be expended as grants pursuant to the grant 
program established by subsection (a)(1).''.

SEC. 13. DEFINITION OF HARASSMENT.

  Section 3(18) is amended to read as follows:
          ``(18)(A) The term `harassment' means any act that--
                  ``(i) injures or has the potential to injure a marine 
                mammal or marine mammal stock in the wild;
                  ``(ii) disturbs or has the potential to disturb a 
                marine mammal or marine mammal stock in the wild by 
                causing disruption of biologically significant 
                behaviors, including, but not limited to, surfacing, 
                migration, breeding, care of young, predator avoidance, 
                defense, or feeding to a point where such behavioral 
                patterns are significantly altered; or
                  ``(iii) is directed toward a specific individual, 
                group, or stock of marine mammals in the wild that is 
                likely to disturb the individual, group, or stock of 
                marine mammals by disrupting behavior, including, but 
                not limited to, surfacing, migration, breeding, care of 
                young, predator avoidance, defense, or feeding.
          ``(B) The term `Level A harassment' means harassment 
        described in subparagraph (A)(i).
          ``(C) The term `Level B harassment' means harassment 
        described in subparagraph (A) (ii) or (iii).''.

SEC. 14. INCIDENTAL TAKINGS OF MARINE MAMMALS.

  Section 101(a)(5) (16 U.S.C. 1371(a)(5)) is amended--
          (1) in subparagraph (A) by striking ``of small numbers'';
          (2) in subparagraph (D)(i) by striking ``of small numbers''; 
        and

SEC. 15. TUNA-DOLPHIN PROVISIONS.

  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. 16. PERMIT 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--
                  (A) by inserting ``the Secretary of Agriculture 
                determines, and then certifies to the Secretary, that'' 
                after ``unless''; and
                  (B) by adding at the end the following: ``The 
                Secretary may not require or request, through comity or 
                any other means, that any marine mammal remain subject 
                to the jurisdiction of the United States when that 
                marine mammal or its progeny is located in waters or on 
                lands 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) in the second sentence by inserting ``, which 
                shall be updated on an annual basis,'' after 
                ``inventory''; and
                  (C) in subparagraph (D) by inserting ``ownership, or 
                other'' after ``date of''.

SEC. 17. FISHERIES GEAR DEVELOPMENT.

  Section 111 (16 U.S.C. 1381) is amended as follows:
          (1) Subsection (a) is amended to read as follows:
  ``(a) Research and Development Program.--
          ``(1) In general.--The Secretary of Commerce (in this section 
        referred to as the `Secretary') shall--
                  ``(A) carry out a program of research and development 
                for the purpose of devising improved fishing methods 
                and gear 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 Research 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. 18. MARINE MAMMAL RESEARCH GRANTS.

  Section 110 (16 U.S.C. 1380) is amended--
          (1) by amending subsection (a) 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, and the 
        ecosystems upon which they depend, including, but not limited 
        to, the Bering/Chukchi Sea ecosystem and the California coastal 
        marine ecosystem.
          ``(2) Inclusion of information in reports.--The Secretary 
        shall include a description of the annual results of research 
        carried out with assistance under this section in the report 
        required under section 103(f).
          ``(3) Contributions.--For purposes of carrying out this 
        section, the Secretary may accept, solicit, receive, hold, 
        administer, and use gifts, devises, and bequests.''; and
          (2) by striking subsections (c) and (d).

SEC. 19. 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''.
  (b) Vessel Penalty.--Section 106(b) (16 U.S.C. 1376(b)) is amended by 
striking ``$25,000'' and inserting ``$35,000''.

                          Purpose of the Bill

    The purpose of H.R. 2693 is to reauthorize the Marine 
Mammal Protection Act of 1972, and for other purposes.

                  Background and Need for Legislation


In general

    The Marine Mammal Protection Act (MMPA) was enacted in 1972 
to ensure that marine mammals are maintained at, or in some 
cases restored to, healthy population levels. The original Act 
established a moratorium on the ``taking'' or importing of 
marine mammals and marine mammal products except for certain 
activities which are regulated and permitted. The MMPA defines 
``take'' as ``to harass, hunt, capture, or kill or attempt to 
harass, hunt, capture, or kill any marine mammal.''
    Under the MMPA, jurisdiction over marine mammals in the 
wild is split between two agencies, the U.S. Fish and Wildlife 
Service (USFWS) (under the Department of the Interior) and the 
National Marine Fisheries Service (NMFS) (under the National 
Oceanic and Atmospheric Administration within the Department of 
Commerce). USFWS has jurisdiction over sea otters, polar bears, 
manatees, dugongs, and walrus, while NMFS has jurisdiction over 
all other marine mammals. The Animal and Plant Health 
Inspection Service (APHIS) (under the Department of 
Agriculture) has jurisdiction over the care and maintenance of 
captive animals under the Animal Welfare Act. The MMPA was 
substantially amended in 1994, and those amendments transferred 
authority for the care and management of captive marine mammals 
from NMFS and USFWS to APHIS.
    The 1994 amendments also established a new incidental take 
regime for commercial fisheries and required NMFS to institute 
marine mammal stock assessments and abundance estimates to 
provide the necessary scientific basis for a new incidental 
take regime. A captive marine mammal inventory was also 
established and is maintained by NMFS. The permit process was 
eased for scientific research and for educational and 
commercial photography. The permit process was also eased for 
the public display community, allowing them to notify the 
agency 15 days prior to a transfer, export, or sale of a marine 
mammal instead of applying for additional permits. Furthermore, 
no additional permits were to be required for the progeny of 
captive marine mammals. Permits for the importation of legally 
harvested polar bear trophies from certain regions of Canada 
were also authorized. A process authorizing cooperative 
agreements between Alaska natives and the agency of 
jurisdiction for the management and conservation of marine 
mammals was also established. The Pinniped-Fishery Interaction 
Task Forces were authorized to review the interactions of 
marine mammals with fish populations on the west coast with 
regard to listed salmon stocks, and for the Gulf of Maine with 
respect to aquaculture facilities. A prohibition on human 
activities within 100 yards of a humpback whale in waters 
surrounding Hawaii was included in the amendments. Finally, an 
authorization of appropriations was included for the 
Departments of Commerce and the Interior and the Marine Mammal 
Commission for fiscal years 1994-1999.

The definition of harassment under the MMPA

    The 1994 amendments also included a definition of 
``harassment.'' The 1994 two-part definition of ``harassment'' 
is any act of pursuit, torment, or annoyance of marine mammals 
which: has the potential to injure a marine mammal or marine 
mammal stock in the wild (this is termed level A harassment); 
or has the potential to disturb a marine mammal or marine 
mammal stock in the wild by causing disruption of behavioral 
patterns, including, but not limited to, migration, breathing, 
nursing, breeding, feeding, or sheltering (this is termed Level 
B harassment).
    This definition was included in the MMPA to clarify what 
activities constitute harassment and to assist the agencies in 
enforcing actions that may adversely affect marine mammals. 
However, the definition has not led to better enforcement of 
the Act. The Secretaries have been unable to prosecute non-
permitted activities that have been directed at specific 
animals due to the two-tiered requirement of the definition. 
Under his approach, the Secretary concerned has been required 
to determine first if an action is an act of pursuit, torment, 
or annoyance. If so, then the relevant Secretary then makes a 
determination if the action was level A or level B harassment.
    President Clinton and then later under President Bush 
proposed amending the definition of harassment, as proposed in 
the Administration's draft MMPA reauthorization bill. The 
Administration bill recommended removing the first tier of the 
definition--``pursuit, torment, or annoyance''--and modifying 
the definition to raise the threshold of what is considered 
harassment away from those activities that cause minor changes 
in behavior. In addition, a number of scientists recommended 
changes to the definition of ``harassment.''
    The National Research Council (NRC) has issued three 
reports on the effects of sound as harassment of marine 
mammals: Low Frequency Sound and Marine Mammals: Current 
Knowledge and Research Needs, 1994; Marine Mammals and Low 
Frequency Sound: Progress Since 1994, 2000; and Ocean Noise and 
Marine Mammals, 2003. In its 2000 report, the NRC concluded 
that regulating activities that cause minor changes in behavior 
having no adverse impact did not make sense; instead, MMPA 
regulations must focus on significant disruption of behaviors 
critical to survival and reproduction. The 2000 report 
recommended amending level B harassment to reflect these 
conclusions. The 2003 NRC report expanded further on the 
changes to level B harassment and recommended that level B 
harassment should be modified to focus on biologically 
significant disruption of behaviors critical to survival and 
reproduction (i.e. adverse impacts), instead of any detectable 
change in behavior.
    The 2000 report also recommended the removal of ``small 
numbers'' from the incidental take authorization in section 101 
of the MMPA. Under current law, section 101 requires the 
relevant Secretary to make three findings before issuing an 
authorization: whether the activity will harass a small number 
of marine mammals; the specified geographic area in which the 
activity will occur; and whether the activity will have a 
negligible impact on the species or stock. The panel stated 
``if such a change is not made, it is conceivable under the 
current MMPA language there would be two tests for determining 
takes by harassment, small numbers first, and if that test were 
met, negligible impact from that take of small numbers.'' The 
panel went on tostate, ``the removal of `small numbers' would 
prevent the denial of research permits that might insignificantly 
harass large numbers of animals and would leave the `negligible impact' 
test intact.''
    The ``small numbers'' finding was included in section 
101(a)(5) of the MMPA when it was amended in 1981. The 
Committee report accompanying these changes to the MMPA stated 
the intent of this requirement was to minimize the impact an 
activity might have on marine mammals. The Committee recognized 
``the imprecision of the term `small numbers,' but was unable 
to offer a more precise formulation because the concept is not 
capable of being expressed in absolute numerical limits.''
    The imprecision of the term has led to problems with how 
the MMPA has been implemented and has resulted in lawsuits 
against NMFS which resulted in the courts interpreting the 
language. In Natural Resources Defense Council, et al. v. 
Donald L. Evans, et al.,\1\ the court raised concerns with how 
the Secretary of Commerce defined ``harassment'' and ``small 
numbers'' in the final rule for the Surveillance Towed Array 
Sensor System (SURTASS) Low Frequency Active (LFA) sonar permit 
and the MMPA implementing regulations, respectively. The court 
stated that the ``plantiffs argue that NMFS has re-written the 
definition of `harassment' from an activity that has the 
potential to disturb to an activity that actually causes such a 
disturbance.'' The court agreed that the agency used an 
erroneous definition of ``harassment'' in the final rule, but 
stated that ``it does not appear that this erroneous definition 
caused any harm.'' The court further stated that NMFS' 
interpretation of the statutory language ``disruption of 
behavior patterns'' as ``a significant behavioral change in a 
biologically important behavior or activity'' was within the 
agency's discretion and granted the NMFS summary judgment on 
the issue of whether NMFS applied the wrong standard for level 
B harassment in preparing the regulatory definition.
---------------------------------------------------------------------------
    \1\ 279 F. Supp. 1129 (N.D. Cal. 2003). See also Natural Resources 
Defense Council In. v. Donald Evans (N.D. Cal. October 21, 2002) (No. 
C-02-3805) (order granting preliminary injunction).
---------------------------------------------------------------------------
    Those regulations also defined ``small numbers'' as ``a 
portion of a marine mammal species or stock whose taking would 
have a negligible impact on that species or stock.'' The ruling 
in the NRDC v. Evans case concluded that NMFS improperly 
collapsed the two standards and eliminated the possibility that 
the two standards will serve as separate safeguards restricting 
the extent of the takes. The agency was directed to redefine 
``small numbers'' as a separate standard.
    MMPA section 101(a)(5) also requires the relevant Secretary 
to make a finding on the ``specified geographic region'' in 
which an activity is to occur. This requirement was included in 
the 1981 amendments to the MMPA and also came under review in 
NRDC v. Evans. When Congress included the ``specified 
geographical region'' language in the MMPA in 1981, the 
Committee report addressed the issue in this manner: ``the 
specified geographical region should not be larger than is 
necessary to accomplish the specified activity, and should be 
drawn in such a way that the effects on marine mammals in the 
region are substantially the same.''
    The judge in NRDC v. Evans ruled against the way NMFS 
applied the ``specified geographic region'' requirement in the 
permit for the Navy's SURTASS LFA sonar. In this permit, NMFS 
created 15 biomes, with 54 provinces within the biomes, using a 
schematic developed for plankton by Longhurst (1998). The term 
``biome'' is used by scientists to describe areas on earth with 
similar climate, plants, and animals. The agency argued that 
the Longhurst data was the best scientific application 
available for designating these specified geographic regions. 
However, the plaintiffs in the case argued that the agency did 
not include all of the relevant Offshore Biologically Important 
Areas (OBIAs) within these biomes in the final rule. The public 
comments to the proposed rule raised the issue of the list of 
OBIAs being inadequate. The NMFS response to these comments was 
that ``it is unnecessary to expand the list of OBIAs prior to 
making the required determinations under section 
101(a)(5)(A).'' In addition, NMFS stated ``a delay in the 
rulemaking process to implement new OBIAs is unwarranted.'' 
However, NMFS would accept petitions for additional OBIAs. The 
permit at issue in the case required the Navy to inform NMFS as 
to which biomes would be in use in any one year. The permit 
also included mitigation measures that were a condition of 
receiving the permit. The court in NRDC v. Evans struck down 
this approach. The negotiated settlement of the case ultimately 
restricted the Navy to one large area of the Pacific ocean in 
which it could test its SURTASS LFA sonar.
    The National Defense Authorization Act for Fiscal Year 2004 
(NDAA) included language that created a new definition of 
harassment for military readiness activities and for research 
performed by a federal agency or by independent government 
researchers which benefits military operations. The NDAA struck 
the ``specified geographical region'' and ``small number'' 
requirements for military readiness activities in section 
101(a)(5) of the MMPA. This action maintained the requirement 
that the relevant Secretary find that the action would have a 
``negligible impact'' on any marine mammals that might be 
affected by the action. The NDAA also created a national 
defense exemption under which the Secretary of Defense may 
exempt certain activities from the MMPA, in consultation with 
the Secretaries of Commerce and the Interior, for national 
defense reasons for periods no longer than two years.

MMPA and fisheries interactions

    The 1994 amendments also included a new fisheries regime in 
section 118 of the MMPA. While this new regime reiterated the 
Act's goal of reducing the incidental lethal take or serious 
injury of marine mammals, it also authorized interactions 
between commercial fisheries and marine mammals. The regime 
created three categories which list fisheries with frequent 
interactions (category I), occasional interactions (category 
II), and remote interactions (category III) with marine 
mammals. It also required commercial fishermen to register and 
adhere to specific requirements prior to fishing, including: 
holding a valid permit and authorization; adhering to emergency 
regulations or take reduction plans; reporting requirements; 
and carrying observers if requested by the relevant Secretary. 
The new regime also authorized the creation of take reduction 
teams, which include representatives from commercial fishing, 
environmental groups, academics and agency officials, to 
develop measures to reduce the incidental take of marine 
mammals in those fisheries that interact with strategic or 
depleted stocks.
    The 1994 amendments created new stock assessment 
requirements for NMFS to assist in the development of the new 
fishery regime. NMFS was required to develop stock assessments 
for each marine mammal in waters under the jurisdiction of the 
United States. This was recognized by Congress as a substantial 
task, which is why the Committee report directed the Secretary 
of Commerce to give a lower priority to those stocks taken only 
by harassment. The House Committee on Merchant Marine and 
Fisheries (the predecessor in jurisdiction to the Committee on 
Resources) understood that the stock assessments were the 
underpinnings of successful management.
    However, due to an increase in litigation burdens, many 
legislative burdens, and other factors, the Secretary of 
Commerce has had a difficult time maintaining up-to-date stock 
assessments for stocks under his jurisdiction. The commercial 
fishing industry testified that the lack of accurate or up-to-
date stock assessments presents potential litigation concerns 
since fishery restrictions are made based on the available 
stock assessment data.
    When developing the stock assessment, NMFS determines the 
geographic range, a minimum population estimate, an estimate of 
the human-caused mortality and serious injury, and a 
description of the fisheries that interact with the stock. For 
strategic stocks, the information is supposed to be updated 
annually; other stocks are updated every three years. Regional 
scientific review groups were also created in 1994 to advise 
the Secretary on population estimates, research needs, and 
potential modifications to fishing gear and practices to reduce 
interactions.
    One of the main goals of the MMPA is to maintain marine 
mammal populations at their optimum sustainable population 
(OSP). The potential biological removal level (PBR) for a 
stock, which is determined in the stock assessment process, 
meets this goal. PBR is defined in the MMPA as ``the maximum 
number of animals, not including natural mortalities, that may 
be removed from a marine mammal stock while allowing that stock 
to reach or maintain its optimum sustainable population.'' PBR 
is calculated by taking a marine mammal population's minimum 
population count and multiplying it by 50 percent of the annual 
net reproduction rate. The resulting number is then reduced by 
multiplying it by a recovery factor of 0.1 for endangered 
species, 0.5 for threatened or status uncertain species, and 
1.0 for others. This complicated calculation of PBR includes 
three levels of precaution, which many have argued is overly 
precautionary.
    While PBR takes into account all human-caused mortalities, 
this mortality limit is used only to restrict commercial 
fisheries. No matter how many marine mammals are taken from a 
population by other sources of mortality, the commercial 
fishing industry faces the restrictions to keep mortality at or 
below PBR.
    In addition to adhering to PBR, the MMPA established a goal 
for commercial fisheries ``to further reduce the incidental 
mortality and serious injury of marine mammals to an 
insignificant level approaching a zero mortality and serious 
injury rate'' (ZMRG). During recent hearings on the 
reauthorization of the MMPA, the Committee heard testimony from 
the commercial fishing industry that achieving ZMRG is overly 
burdensome when fishing mortalities at or below PBR already 
meet the goal of maintaining marine mammal populations at OSP.
    Congress enacted the MMPA in 1972, in part, to address the 
high mortality rate of marine mammals occurring in the 
yellowfin tuna purse seine fishery in the eastern tropical 
Pacific Ocean. In response to these high mortality levels, 
Congress created ZMRG for this fishery. At the time, Congress 
was very specific in how ZMRG should be applied to the fishery. 
The goal was not to shut down fisheries, but reduce the 
incidental mortality and serious injury rate of marine mammals. 
In this case, once the Secretary of Commerce was satisfied that 
the tuna fishermen were using the best available technology to 
assure minimal hazards to marine mammal populations, the goal 
of ZMRG was met. This standard also allowed the Secretary to 
take into account the economic and technological practicability 
of the best available technology.
    In the 1980s, Congress reaffirmed the intent of ZMRG. 
Congress recognized the progress made by the purse seine 
fishery to reduce its mortality rates and maintained the 
technology standard for this fishery. The House of 
Representatives report accompanying the 1982 amendments to the 
MMPA stated ZMRG ``is satisfied . . . by a continuation of the 
application of the best marine mammal safety techniques and 
equipment that are economically and technologically 
practicable.''
    It was not until the 1990s that Congress applied dolphin 
mortality limits to the yellowfin tuna purse seine fishery. 
These limits were based on the International Dolphin 
Conservation Act of 1992 and the International Dolphin 
Conservation Program Act of 1997. It is important to note that 
the mortality limits established in the 1992 Act were based on 
reductions that could be achieved by the gear currently being 
used in the fishery.
    For other fisheries, Congress maintained the zero mortality 
rate goal as a means to promote new technology to reduce the 
incidental taking of marine mammals. In the 1994 amendments to 
the MMPA, Congress created a new fishery regime which 
authorized limited incidental takes of marine mammals in 
commercial fisheries and retained the economic and 
technological practicability finding. In MMPA section 
118(f)(2), which guides the take reduction plan process, it 
specifically states, ``the long-term goal of the plan shall be 
to reduce, within 5 years of its implementation, the incidental 
mortality or serious injury of marine mammals incidentally 
taken in the course of commercial fishing operations to 
insignificant levels approaching a zero mortality and serious 
injury rate, taking into account the economics of the fishery, 
the availability of existing technology and existing State or 
regional fishery management plans.''
    To implement the 1994 amendments, NMFS published a proposed 
rule on June 16, 1995, to implement section 118 and included a 
definition of ZMRG. However, when the final rule was published 
in August 30, 1995, the provisions relating to the zero 
mortality rate goal were not included. The agency stated in the 
rule that it needed more time to determine the appropriate goal 
for zero mortality rate.
    In 2002, NMFS was sued by a number of environmental groups 
for not complying with the requirements of section 118, and as 
part of the settlement NMFS was required to define the zero 
mortality rate goal. On July 9, 2003, NMFS published an advance 
notice of proposed rulemaking on this issue.

                            Committee Action

    H.R. 2693 was introduced on July 10, 2003, by Congressman 
Wayne T. Gilchrest (R-MD). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
July 24, 2003, the Subcommittee held a hearing on the bill. On 
September 25, 2003, the Subcommittee met to mark up the bill. 
Mr. Gilchrest offered an amendment in the nature of a 
substitute which modified the definition of harassment, struck 
``small numbers'' and ``specified geographic region'' from MMPA 
section 101(a)(5) and created a general authorization for 
activities that incidentally take marine mammals, clarified the 
take reduction plan process in MMPA section 118, clarified the 
export provisions in MMPA section 101, made technical changes 
to the polar bear trophy permit process in MMPA section 104, 
and added a new section which clarifies the tuna-dolphin 
provisions in the MMPA and the Dolphin Protection Consumer 
Information Act. Congressman Frank Pallone (D-NJ) offered and 
withdrew an amendment to the amendment in the nature of a 
substitute to change the definition of harassment. Mr. Pallone 
also offered an amendment to the amendment in the nature of a 
substitute to strike section 14 of the bill. This amendment was 
withdrawn. Congresswoman Madeleine Bordallo (D-GU) offered and 
withdrew an amendment to the amendment in the nature of a 
substitute to strike the time extensions made to the take 
reduction team process. Mr. Pallone offered and withdrew an 
amendment to the amendment in the nature of a substitute to 
increase the fines and penalties assessed in the MMPA. The 
amendment in the nature of a substitute was adopted by voice 
vote. The bill was then ordered favorably reported to the Full 
Committee by voice vote.
    On November 5, 2003, the Full Resources Committee met to 
consider the bill. Mr. Gilchrest offered an amendment in the 
nature of a substitute which increased the authorized 
appropriations for the Department of Commerce to the 
Administration's request, reduced the take reduction team time-
line extensions from 11 months to 6 months, barred the 
Secretary of Commerce from retaining funds beyond those 
necessary for administrating the Prescott Grant Program, 
amended MMPA section 104 to clarify certain public display 
permits, and added two new sections authorizing a research 
program to improve fishing gear and marine mammal research 
grants. Congressman Jay Inslee (D-WA) offered an amendment to 
the amendment in the nature of a substitute which would have 
made research on sound the priority for marine mammal research 
grants. The amendment was withdrawn. Congressman Don Young (R-
AK) offered and withdrew an amendment to allow the Secretaries 
and Native Alaskan Corporations to develop harvest management 
plans as part the their cooperative management agreements to 
conserve marine mammals and provide co-management of 
subsistence use by Alaska Natives. Mr. Young also offered an 
amendment to strike any reference to zero mortality rate goal 
in the MMPA, leaving potential biological removal as the 
mechanism to restore marine mammal stocks to their optimum 
sustainable population--the goal of the MMPA. Mr. Young 
withdrew the amendment. The amendment in the nature of a 
substitute was adopted by voice vote. The bill as amended was 
then ordered favorably reported to the House of Representatives 
by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    This section cites the bill as the ``Marine Mammal 
Protection Act Amendments of 2004.''

Section 2. Amendment references

    This section states that any amendment or repeal of a 
section shall be made to such section of the Marine Mammal 
Protection Act of 1972.

Section 3. Technical corrections

    This section replaces ``Committee on Merchant Marine and 
Fisheries'' with ``Committee on Resources'' and deletes an 
obsolete reference in MMPA section 118.

Section 4. Limited authority to export marine mammal products

    This section clarifies that any U.S. citizen who legally 
possesses a marine mammal product may export it in conjunction 
with travel outside the U.S. These exports shall be for non-
commercial purposes and the product has to be imported back 
into the U.S. at the termination of travel. It also allows 
Native handicrafts to be exported for noncommercial purposes if 
owned by a Native of Canada, Greenland or Russia or if 
possessed by an Alaska Native and exported as a part of a 
cultural exchange. The import language in section 
101(a)(6)(A)(i) of the MMPA is amended to state that imports 
shall be for non-commercial purposes. The intent of the 
Committee is to make it explicitly clear that Alaska Natives, 
Natives from Canada, Greenland and Russia, as well as U.S. 
citizens that legally possess a marine mammal product can 
import and export, for noncommercial purposes, legally 
possessed marine mammal products as part of cultural exchanges 
or in conjunction with travel outside the U.S.

Section 5. Miscellaneous authorizations of appropriations

    This section authorizes appropriations for the Departments 
of Commerce and the Interior and for cooperative agreements in 
Alaska. The Department of Commerce authorization of 
appropriations are at levels recommended by the Administration. 
Appropriations for section 119 of the MMPA are also authorized.

Section 6. Take reduction plans

    This section amends MMPA section 118 to include 
recreational fisheries in the list of fisheries that could have 
interactions with marine mammals that are frequent or 
occasional and result in the incidental mortality and serious 
injury of marine mammals. NMFS would berequired to include both 
commercial and recreational fishermen's interactions with marine 
mammals in assessing whether a particular fishery should be placed in 
either category I (frequent incidental mortality or serious injury) or 
category II (occasional incidental mortality and serious injury). All 
recreational fishermen who participate in a category I or II fishery 
would be required to obtain the same annual authorizations and file the 
same reports regarding marine mammal interactions as are now required 
of commercial fishermen. In such cases, a recreational fishing 
representative will also be included in the take reduction plan 
process.
    This section does not alter existing law for category III 
fisheries where there is only a remote likelihood of or no 
known incidental mortality or serious injury of marine mammals. 
By not expanding category III to include the millions of 
recreational fishermen who only fish with rods and reels, the 
regulatory burden on both the agency and the public is kept to 
a minimum. However, the Committee strongly supports the 
inclusion of those recreational fisheries using commercial-type 
fishing gear, if they are contributing to the mortality or 
serious injury to marine mammals in a category I or II fishery. 
These recreational fishermen should be subject to the same 
regulatory requirements as commercial fishermen when using the 
same gear and having the same affect on marine mammals.
    The timelines in this section are modified to allow the 
relevant Secretary additional time to meet the requirements of 
this section. The Secretary will be given six extra months to 
complete the take reduction plans. The Committee was concerned 
with groups using missed timelines as the basis for litigation 
against the Secretary. The Committee believes the extension to 
the timelines in this section will not reduce protections for 
marine mammals, but will provide litigation relief for the 
Secretary allowing staff and funding to be used for 
conservation and management activities rather than preparing 
documents for litigation.
    This section requires certain Administration personnel to 
be in attendance at take reduction team (TRT) meetings. They 
include representatives from the National Oceanic and 
Atmospheric Administration General Counsel office and the 
appropriate Regional Administrator's office, a NMFS fisheries 
scientist, and a NMFS law enforcement officer.
    This section also requires the relevant Secretary to 
reconvene a take reduction team and explain any differences the 
Secretary makes between the draft plan, which was drafted by 
the TRT, and the published plan. It is not the intent of the 
Committee for a TRT to be reconvened for minor changes to a 
plan, which might include technical or unsubstantial changes 
like typographical errors. Instead, the Secretary is required 
to reconvene a TRT when changes are made to the reduction 
measures required in the plan which were recommended by the 
TRT. It is the understanding of the Committee that the 
involvement of additional agency personnel, as mentioned above, 
early in the process will help reduce the likelihood that 
inappropriate measures are included in the TRT's 
recommendations. In addition, the Secretary could schedule the 
last TRT meeting during the drafting of regulations and the 
public comment process.
    Language is added to this section to clarify that 
contributions from private sources can be used for observers, 
research, education and outreach programs.
    This section gives the Secretary some flexibility whether 
to convene a TRT. After notice and public comment, the 
Secretary may decide not to convene TRTs for those fisheries 
that are having a negligible impact on the marine mammal stock 
and are not the major cause in the decline of a marine mammal 
population. It is the Committee's intent that this flexibility 
will allow the Secretary to focus staff time and resources on 
those fisheries that have high interactions with marine 
mammals.
    This section also clarifies that MMPA section 118(c)(3)(E), 
which applies to category III fisheries, is a requirement for 
commercial vessels only. Owners of a vessel are not subject to 
penalties under the MMPA if they report any incidental 
mortality or injury of marine mammals in the course of the 
fishery.
    A conforming amendment to MMPA section 101(a)(5)(E) has 
been included to clarify that both commercial and recreational 
fisheries can incidentally take endangered marine mammals, as 
long as the taking would have a negligible effect and is in 
accordance with a take reduction plan.
    MMPA section 117(a)(4) is also amended to require that 
conservation benefits provided by State and regional fishery 
management regulations be included in the scientific review of 
marine mammal stocks. Similar changes are made in the take 
reduction plan process in MMPA section 118 to allow the take 
reduction teams to review the conservation benefits of State 
and regional fishery management regulations.
    The Committee is concerned that benefits of State and 
regional management actions may have been overlooked by TRTs in 
the past and the measures and the benefits these regulations 
may have had on marine mammal populations have been ignored. 
The Committee intends that State and regional management 
measures should be factored into the TRT process. The Committee 
does not want this process to become burdensome on the TRT; 
however, every effort should be made to understand what actions 
have been taken and how commercial fisheries may have changed 
due to State or regional management measures and if those 
changes have had a benefit on marine mammal populations. The 
TRT should work to ensure that measures are developed to 
protect marine mammals, but it should include an analysis of 
restrictions already in place from State and regional 
management actions. In addition, if State and regional 
management actions have had an adverse impact on marine 
mammals, NMFS should work with the State or regional body to 
reduce the impacts on marine mammals of activities governed by 
those bodies.
    The Committee is concerned that NMFS in many cases is using 
stock assessment data which is older than five years old. The 
Committee understands that the agency has internal guidance, 
based on a 1996 GAMMS report,\2\ which recommends using data 
which is no older than five years, and that anything beyond 
that time frame should be considered outdated and unreliable. 
The Committee encourages NMFS to use current data when 
convening a TRT, even if it means conducting a stock assessment 
in coordination with the development of a take reduction plan 
to ensure the take reduction plan is based on the most recent 
and accurate stock assessment data.
---------------------------------------------------------------------------
    \2\ Guidelines for Assessing Marine Mammal Stocks: The GAMMS 
Workshop April 3-5, 1996, Seattle, Washington.
---------------------------------------------------------------------------

Section 7. Pinniped research

    MMPA section 120 is amended to require the relevant 
Secretary to conduct research on the nonlethal removal and 
control of nuisance pinnipeds. The Secretary shall include 
representatives from commercial and recreational fishing 
industries and where appropriate use independent marine mammal 
research institutions. The Secretary shall report annually to 
the House Committee on Resources and the Senate Committee on 
Commerce, Science and Transportation.

Section 8. Marine Mammal Commission

    This section authorizes appropriations for the Commission. 
It also deletes the $100 per diem rate cap and clarifies the 
staffing authorization for the Commission.

Section 9. Scrimshaw exemption

    This section continues the permits for those individuals 
with pre-Endangered Species Act ivory to continue to possess, 
carve, and sell the ivory until October 31, 2007.

Section 10. Polar bear permits

    This section changes the date for eligibility to receive a 
permit under MMPA section 104 from April 30, 1994, to February 
18, 1997. This section also allows the Secretary of the 
Interior to publish on a semiannual basis information 
concerning permits authorizing the importation of a polar bear 
trophy or the denial of the permit.

Section 11. Captive release prohibition

    This section amends section 102 of the MMPA to make it 
illegal to release a captive marine mammal without prior 
approval from the relevant Secretary. The intent of the 
Committee is to prohibit the release of captive marine mammals 
if the release has not been permitted by the Secretary. It is 
the understanding of the Committee that those activities that 
are permitted by the Secretary, such as military activities 
which conduct temporary releases, will still be authorized 
under the permits authorizing those activities under sections 
104 and 109 of the MMPA.

Section 12. Stranding and entanglement response

    This section amends Title IV of the MMPA to authorize the 
relevant Secretary to enter into response agreements for marine 
mammal entanglements in addition to strandings. The term 
entanglement is also defined in this section. This section also 
authorizes appropriations for the grant program and the Unusual 
Mortality Rate Fund which is authorized in MMPA section 
409.Language is added to prohibit the relevant Secretary from retaining 
funds under section 408, the Prescott Grant Program, except for 
administration costs. Any remaining funds are required to be issued in 
the form of grants to stranding facilities.

Section 13. Definition of harassment

    This section amends the definition of harassment in the 
MMPA. These changes are based on recommendations by several 
reports issued by the National Research Council.
    The Committee has removed the ``pursuit, torment, or 
annoy'' clause to clarify the definition to allow for better 
enforcement and implementation of those activities which may 
harass a marine mammal. The new definition modifies level A 
harassment to read: ``injures or has the potential to injure a 
marine mammal or marine mammal stock in the wild.'' The 
definition of level B is modified to pertain to as any act that 
``disturbs or has the potential to disturb a marine mammal or 
marine mammal stock in the wild by causing disruption of 
biologically significant behaviors including, but not limited 
to, surfacing, migration, breeding, care of young, predator 
avoidance, defense, or feeding to a point where such behavioral 
patterns are significantly altered.''
    The word ``potential'' has created ambiguities in the 
application of the ``harassment'' definition by the 
Secretaries. While the Committee maintained ``potential,'' 
clarification of the term is warranted. All sea-faring 
activities have the ``potential'' to harass marine mammals. The 
question is whether the activity has caused a significant 
behavioral change or response in a biologically important 
behavior or activity. The Committee has modified the definition 
to allow the Secretaries to move away from managing for minor 
changes in marine mammal behavior to focus more on activities 
that cause a marine mammal to have a significant behavioral 
response in a biologically important activity. The Committee 
intends for the regulations to focus on significant disruptions 
of behavior critical to survival and reproduction. For 
instance, it would not be considered ``harassment'' if a boat 
passing by a buoy caused a sea lion to leave the buoy. However, 
it would be ``harassment'' if an activity caused a marine 
mammal to vacate its breeding area. This response would rise to 
the level of a significant alteration of a biologically 
important behavior. The Committee believes that the modified 
definition will allow the respective Secretaries to manage and 
permit activities that take or incidentally take or harass 
marine mammals to occur, while incorporating appropriate 
protections for marine mammals.
    The definition of level B harassment also includes language 
regarding activities ``directed toward a specific individual, 
group, or stock of marine mammals in the wild that is likely to 
disturb the individual, group, or stock of marine mammals by 
disrupting behavior, including, but not limited to, surfacing, 
migration, breeding, care of young, predator avoidance, defense 
or feeding.'' The Committee heard testimony from environmental 
groups and scientists raising concerns with the ``directed 
toward'' language--specifically that it may adversely impact 
scientific research activities. This language was recommended 
by the Administration in their draft MMPA bill to improve the 
enforcement of the MMPA, specifically for those non-permitted 
activities that harass marine mammals. The Committee agreed 
with the merit of this language and intends for paragraph (iii) 
to be applied only to those non-permitted activities. 
Activities like marine mammal research, which receive permits 
under section 104, or activities that are eligible for 
incidental take and harassment authorizations under section 
101(a)(5), should not be further restricted by this ``directed 
toward'' level B harassment language in paragraph (iii). It is 
the intent of the Committee that permitted activities, like 
those permitted under sections 101 or 104, fall under paragraph 
(ii) of the level B harassment definition.

Section 14. Incidental takings of marine mammals

    This section amends MMPA section 101(a)(5) by deleting 
references to ``small numbers.'' The Committee believes the 
removal of the ``small numbers'' finding is necessary to 
prevent the denial of research permits that might 
insignificantly take more than a small number of marine 
mammals, but would have no long term adverse impact to the 
population. The Committee intends the ``negligible impact'' 
finding to remain the guiding principle for the agencies when 
issuing permits for activities that incidentally, but not 
intentionally, take marine mammals. This change does not reduce 
the applicant's requirement to show that his activities will 
have a negligible impact on the marine mammal species and 
populations. Additionally, he will have to demonstrate that his 
activities will not have an unmitigable adverse impact on the 
availability of such species or stocks for subsistence uses 
pursuant to the MMPA. These analyses are the key elements to 
maintaining the health of marine mammal species and are the 
premise for take authorizations under the MMPA.
    In addition, the Committee believes the change in law will 
require the Secretary of Commerce to amend the current 
regulatory definition of ``specified activity,'' set forth in 
50 Code of Federal Regulations 216.103, to ensure consistency 
with these amendments. ``Specific activity'' should be 
redefined to preclude mention of ``small numbers.''
    H.R. 2693 does not remove the ``specified geographic 
region'' finding; however, the Committee believes clarification 
of this language is necessary to reduce litigation regarding 
this provision. The 1981 Committee report stated ``the 
specified geographical region should not be larger than is 
necessary to accomplish the specified activity, and should be 
drawn in such a way that the effects on marine mammals in the 
region are substantially the same.'' The Resources Committee 
notes that the language does not state that the area has to be 
small, but should be as large as necessary to accomplish the 
activity. This Committee is not advocating world-wide permits 
for any one activity. However, there are certain activities, 
like sonar, which can traverse large expanses of the ocean and 
are not readily contained in a single ``specified geographic 
region.'' The Committee understands the complications these 
types of activities present, but supports continued permitting 
of these activities in regions which are as large as necessary 
to accomplish the activity. In these instances, it is 
imperative that the permit include mitigation measures to 
ensure protections for marine mammals throughout the area in 
which the activity occurs. The Committee supports the 
development of programmatic Environmental Impact Statements by 
NMFS to facilitate the permitting of activities authorized in 
MMPA section 101(a)(5)(A)&(D).

Section 15. Tuna-dolphin provisions

    This section makes a technical and clarifying change to the 
Dolphin Protection Consumer Information Act. The reference to 
``160 degrees west longitude'' is changed to ``150 degrees west 
longitude''. This change is necessary for the U.S. regulations 
to remain consistent with changes in the international 
agreement.

Section 16. Permit clarifications

    This section amends MMPA section 104(c)(7) to make it clear 
that the relevant Secretary is required to issue a public 
display permit to a facility holding a stranded animal that has 
been determined under the guidelines developed under MMPA 
section 402(a) to not meet the standards for release. The 
Committee does not intend that permits be given to those marine 
mammals that can be legitimately rehabilitated for release in 
the wild; however, the Committee is very concerned that the 
Secretary has not been issuing public display permits to 
facilities caring for stranded animals that are not viable 
release candidates. The Committee's intent is that facilities 
shall receive public display permits for animals that do not 
meet the release requirements. The Committee does not intend 
for the issuance of these permits to diminish research 
activities involving these animals and encourages the 
facilities to continue to work with the Secretaries to allow 
important research activities to continue on these animals.
    The Committee commends the public display community for its 
role in the conservation and management of marine mammals. 
Activities sponsored by public display facilities--research, 
educational programs and presentations, animal husbandry, 
breeding, and rescue and rehabilitation--are important aspects 
to the conservation of marine mammals. The rescue and 
rehabilitation programs run by these facilities are critical to 
the survival of stranded animals and for many years 
participating institutions ran these programs using their own 
funds. In addition, these facilities play an invaluable role 
for the general public. These public display facilities are the 
only place for many Americans to view marine mammals and learn 
about the conservation needs of these animals. The Committee 
believes the interactions provided at these facilities generate 
the general public's good will toward marine mammals and 
develops their support for conservation and management measures 
for these and many other ocean creatures.
    This section amends the export provisions of MMPA section 
104 to clarify that the Secretary of Agriculture is the 
appropriate entity for determining the adequacy of facilities 
holding captive marine mammals. When the Secretary of 
Agriculture determines the foreign facility meets the 
requirements of the Animal Welfare Act and the MMPA, a U.S.-
based facility is authorized to export the animal. The 
Secretary of Agriculture may consult with the Secretaries of 
Commerce and the Interior when making the MMPA finding for a 
foreign facility. This section also clarifies that letters of 
comity are not necessary and that once an animal is transferred 
to a foreign facility, the animal and its progeny are no longer 
under the jurisdiction of the United States.
    The Committee does not agree with the Administration's 
interpretation that the MMPA requires comity letters from 
foreign governments or other foreign entities to NMFS or the 
FWS prior to marine mammals being exported to foreign 
facilities. The MMPA applies only in areas under the 
jurisdiction of the United States unless the Act specifically 
states otherwise. The Committee believes the Department of 
Agriculture's process is the only factor to determine whether 
or not a marine mammal can be exported to a foreign facility. 
If the facility meets the requirements of the Animal Welfare 
Act and the MMPA, the marine mammal should be exported.
    The inventory provision in subsection (c)(10) is amended to 
clarify that the inventory is only for marine mammals in 
facilities under the jurisdiction of the United States. The 
MMPA still requires the documentation of the initial transfer 
of an animal to a foreign facility in the inventory. This 
information will remain in the inventory. However, the foreign 
facility that receives the marine mammal is not required to 
report to the U.S. on the location of the animal at its 
facility or if it transfers the marine mammal to another 
facility in that country or if the marine mammal is transferred 
to a facility in another country. The only time the animal will 
come back into the U.S. inventory is if the marine mammal is 
imported back into the U.S. In addition, the amendments clarify 
that the inventory should be updated annually. It is further 
amended to specify that facilities have ownership of the marine 
mammals in their care.
    The Committee wants to clarify the intent of the 15-day 
notice reporting requirement established in the 1994 amendments 
for transfers between facilities. The MMPA currently authorizes 
the relevant Secretary to issue a permit to a person who meets 
the requirements of the MMPA for public display. The 15-day 
notice requirement applies to marine mammals transferred to 
another facility where care and ownership of the animal 
changes. The 15-day notice requirement does not apply if the 
care and ownership of the marine mammal does not change and the 
animal is moved between facilities owned by the permit holder.

Section 17. Fisheries gear development

    This section amends section 111 of the MMPA to authorize 
the relevant Secretary to carry out a program of research and 
development for the purpose of devising improved fishing 
methods and gear to reduce to the maximum extent practicable 
the incidental taking of marine mammals in connection with 
fishing operations. It authorizes a mini-grant program, subject 
to the availability of appropriations, and allows the Secretary 
to receive donations to carry out the grant program.

Section 18. Marine mammal research grants

    MMPA section 110 is amended to delete expired provisions 
and authorize the relevant Secretary to make grants or other 
financial assistance to federal or State agencies, public 
orprivate institutions, or other persons to undertake research in 
subjects relevant to the protection and conservation of marine mammals, 
and the ecosystem upon which they depend. The Secretary is authorized 
to receive gifts to carry out this section.

Section 19. Fines and penalties

    This section increases the fines in MMPA section 105 from 
$10,000 to $20,000 for civil penalties and from $20,000 to 
$30,000 for criminal penalties. It also increases the penalty 
in MMPA section 106 from $25,000 to $35,000.

            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.

                  Federal Advisory Committee Statement

    The functions of the advisory committee reauthorized in the 
bill are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of a different, 
existing advisory committee.

                   Constitutional Authority Statement

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

                    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, credit 
authority, or an increase or decrease in tax expenditures. H.R. 
2693 would provide new authority to the Secretaries of Commerce 
and the Interior to collect and spend donations to support 
research programs on fishing methods and other activities 
related to the conservation of marine mammals. However, the 
Congressional Budget Office estimates that these donations and 
subsequent direct spending ``would not exceed $500,000 in any 
year''. In addition, revenues to the federal government could 
be increased by the larger civil and criminal penalties 
authorized in section 19 of the bill. Again, the Congressional 
Budget Office estimates that any additional revenues would 
total less than $500,000 annually and this increase in revenue 
would be fully offset by direct spending from the Crime Victims 
Fund (where criminal penalties are deposited) or the resource 
management account of the USFWS (where civil fines are 
deposited and used for rewards to informers and program costs).
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Marine Mammal 
Protection Act of 1972.
    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, January 7, 2004.
Hon. Richard W. Pombo,
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. 2693, the Marine 
Mammal Protection Act Amendments of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 2693--Marine Mammal Protection Act Amendments of 2003

    Summary: H.R. 2693 would authorize the appropriation of 
$345 million over the 2004-2008 period for programs to protect 
and conserve marine mammals. Assuming appropriation of the 
specified amounts, CBO estimates that implementing this bill 
would cost $9 million in 2004 and $254 million over the next 
five years. The bill could increase direct spending and 
revenues, but we estimate that any such changes would be 
minimal and largely offsetting. H.R. 2693 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2693 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2004    2005    2006    2007    2008
------------------------------------------------------------------------
                    SPENDING SUBJECT TO APPROPRIATION
 Spending under current law for
 Marine Mammal Protection Act
 activities:
    Budget Authority \1\........       5       0       0       0       0
    Estimated outlays...........       5       2       0       0       0
Proposed changes:
    Authorization level.........      62      68      69      70      71
    Estimated outlays...........       9      32      63      77      73
Spending under H.R. 3693 Marine
 Mammal Protection Act
 activities:
    Authorization level \1\.....      67      68      69      70      71
    Estimated outlays...........      14      34      63      77      73
------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year to the
  Department of the Interior for activities under the Marine Mammal
  Protection Act.

    Basis of estimate: Assuming appropriation of the necessary 
amounts, CBO estimates that H.R. 2693 would cost $9 million in 
2004 and $254 million over the next five years. The bill also 
would increase direct spending and revenues, but we estimate 
that any such effects would be small and largely offsetting.

Spending subject to appropriations

    H.R. 2693 would reauthorize programs administered by the 
Department of Commerce (DOC) and the Department of the Interior 
(DOI) under the Marine Mammals Protection Act. The bill would 
authorize the appropriation of $335 million over the 2004-2008 
period for those agencies to support various activities, 
including the preparation and execution of plans to manage 
marine mammals, research and monitoring efforts, and grant 
programs to support the rescue of marine mammals from life-
threatening situations. Based on historical spending patterns 
for these activities, CBO estimates that appropriation of the 
specified amounts would result in additional outlays of $7 
million in 2004 and $244 million over the next five years. H.R. 
2693 also would authorize the appropriation of $2 million a 
year over the 2004-2008 period for the Marine Mammal 
Commission, which performs research and advises DOC and DOI on 
efforts to conserve marine mammals. Assuming appropriation of 
the specified amounts, CBO estimates that funding that 
commission would cost $2 million a year for the next five 
years.

Direct spending and revenues

    H.R. 2693 would provide new authority for the Secretaries 
of Commerce and the Interior to collect and spend donations 
(which are recorded in the budget as revenues) to support 
programs to research fishing methods and other activities 
related to the conservation of marine mammals. Based on 
information from DOC and DOI, CBO estimates that any such 
donations and any subsequent direct spending would not exceed 
$500,000 in any year.
    By increasing the level of civil and criminal fines for 
violations of the Marine Mammals Protection Act, H.R. 2693 
could increase revenues from such fines. Based on information 
from DOI about the relatively small number of cases likely to 
occur, however, CBO estimates that any such increase would 
total less than $500,000 annually. Moreover, such changes would 
be fully, offset by increases in direct spending from the Crime 
Victims Fund (where criminal fines are deposited) or the 
resource management account of the U.S. Fish and Wildlife 
Service (where civil fines are deposited and used for rewards 
to informers and other program costs.)
    Intergovernmental and private-sector impact: H.R. 2693 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would imposed no costs on state, local, or 
tribal government.
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Selena Caldera.
    Estimate approved by: Robert A. Sunshine, 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):

                  MARINE MAMMAL PROTECTION ACT OF 1972


    AN ACT To protect marine mammals; to establish a Marine Mammal 
                    Commission; for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, with the following table of contents, may be cited as the 
``Marine Mammal Protection Act of 1972''.

                            TABLE OF CONTENTS

Sec. 2. Findings and declaration of policy.
     * * * * * * *

          Title IV--Marine Mammal Health and Stranding Response

Sec. 401. Establishment of program.
     * * * * * * *
[Sec. 403. Stranding response agreements.]
Sec. 403. Stranding or entanglement response agreements.

          * * * * * * *
                              definitions
  Sec. 3. For the purposes of this Act--
          (1) * * *
          * * * * * * *
          [(18)(A) The term ``harassment'' means any act of 
        pursuit, torment, or annoyance which--
                  [(i) has the potential to injure a marine 
                mammal or marine mammal stock in the wild; or
                  [(ii) has the potential to disturb a marine 
                mammal or marine mammal stock in the wild by 
                causing disruption of behavioral patterns, 
                including, but not limited to, migration, 
                breathing, nursing, breeding, feeding, or 
                sheltering.
          [(B) In the case of a military readiness activity (as 
        defined in section 315(f) of Public Law 107-314; 16 
        U.S.C. 703 note) or a scientific research activity 
        conducted by or on behalf of the Federal Government 
        consistent with section 104(c)(3), the term 
        ``harassment'' means--
                  [(i) any act that injures or has the 
                significant potential to injure a marine mammal 
                or marine mammal stock in the wild; or
                  [(ii) any act that disturbs or is likely to 
                disturb a marine mammal or marine mammal stock 
                in the wild by causing disruption of natural 
                behavioral patterns, including, but not limited 
                to, migration, surfacing, nursing, breeding, 
                feeding, or sheltering, to a point where such 
                behavioral patterns are abandoned or 
                significantly altered.
          [(C) The term ``Level A harassment'' means harassment 
        described in subparagraph (A)(i) or, in the case of a 
        military readiness activity or scientific research 
        activity described in subparagraph (B), harassment 
        described in subparagraph (B)(i).
          [(D) The term ``Level B harassment'' means harassment 
        described in subparagraph (A)(ii) or, in the case of a 
        military readiness activity or scientific research 
        activity described in subparagraph (B), harassment 
        described in subparagraph (B)(ii).]
          (18)(A) The term ``harassment'' means any act that--
                  (i) injures or has the potential to injure a 
                marine mammal or marine mammal stock in the 
                wild;
                  (ii) disturbs or has the potential to disturb 
                a marine mammal or marine mammal stock in the 
                wild by causing disruption of biologically 
                significant behaviors, including, but not 
                limited to, surfacing, migration, breeding, 
                care of young, predator avoidance, defense, or 
                feeding to a point where such behavioral 
                patterns are significantly altered; or
                  (iii) is directed toward a specific 
                individual, group, or stock of marine mammals 
                in the wild that is likely to disturb the 
                individual, group, or stock of marine mammals 
                by disrupting behavior, including, but not 
                limited to, surfacing, migration, breeding, 
                care of young, predator avoidance, defense, or 
                feeding.
          (B) The term ``Level A harassment'' means harassment 
        described in subparagraph (A)(i).
          (C) The term ``Level B harassment'' means harassment 
        described in subparagraph (A) (ii) or (iii).

           *       *       *       *       *       *       *


         TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

                       MORATORIUM AND EXCEPTIONS

  Sec. 101. (a) There shall be a moratorium on the taking and 
importation of marine mammals and marine mammal products, 
commencing on the effective date of this Act, during which time 
no permit may be issued for the taking of any marine mammal and 
no marine mammal or marine mammal product may be imported into 
the United States except in the following cases:
          (1) * * *

           *       *       *       *       *       *       *

          (5)(A)(i) Upon request therefor by citizens of the 
        United States who engage in a specified activity (other 
        than commercial fishing) within a specified 
        geographical region, the Secretary shall allow, during 
        periods of not more than five consecutive years each, 
        the incidental, but not intentional, taking by citizens 
        while engaging in that activity within that region [of 
        small numbers] of marine mammals of a species or 
        population stock if the Secretary, after notice (in the 
        Federal Register and in newspapers of general 
        circulation, and through appropriate electronic media, 
        in the coastal areas that may be affected by such 
        activity) and opportunity for public comment--
                  (I) * * *

           *       *       *       *       *       *       *

          (D)(i) Upon request therefor by citizens of the 
        United States who engage in a specified activity (other 
        than commercial fishing) within a specific geographic 
        region, the Secretary shall authorize, for periods of 
        not more than 1 year, subject to such conditions as the 
        Secretary may specify, the incidental, but not 
        intentional, taking by harassment [of small numbers] of 
        marine mammals of a species or population stock by such 
        citizens while engaging in that activity within that 
        region if the Secretary finds that such harassment 
        during each period concerned--
                  (I) * * *

           *       *       *       *       *       *       *

          (E)(i) During any period of up to 3 consecutive 
        years, the Secretary shall allow the incidental, but 
        not the intentional, taking by persons using vessels of 
        the United States or vessels which have valid fishing 
        permits issued by the Secretary in accordance with 
        section 204(b) of the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1824(b)), while engaging in 
        commercial or recreational fishing operations, of 
        marine mammals from a species or stock designated as 
        depleted because of its listing as an endangered 
        species or threatened species under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) if the 
        Secretary, after notice and opportunity for public 
        comment, determines that--
                  (I) the incidental mortality and serious 
                injury from commercial or recreational 
                fisheries will have a negligible impact on such 
                species or stock;

           *       *       *       *       *       *       *

          (iii) If, during the course of the commercial or 
        recreational fishing season, the Secretary determines 
        that the level of incidental mortality or serious 
        injury from commercial or recreational fisheries for 
        which a determination was made under clause (i) has 
        resulted or is likely to result in an impact that is 
        more than negligible on the endangered or threatened 
        species or stock, the Secretary shall use the emergency 
        authority granted under section 118 to protect such 
        species or stock, and may modify any permit granted 
        under this paragraph as necessary.

           *       *       *       *       *       *       *

          (6)(A) A marine mammal product may be imported into 
        the United States if the product--
                  (i) was legally possessed and exported by any 
                citizen of the United States for noncommercial 
                purposes in conjunction with travel outside the 
                United States, provided that the product is 
                imported into the United States by the same 
                person upon the termination of travel;

           *       *       *       *       *       *       *

          (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 as 
                part of a cultural exchange, by an Indian, 
                Aleut, or Eskimo residing in Alaska; or
                  (iii) 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)] (C) For the purposes of this paragraph, the 
        term--
                  (i) * * *

           *       *       *       *       *       *       *


                              PROHIBITIONS

  Sec. 102. (a) Except as provided in sections 101, 103, 104, 
109, 111, 113, 114, and 118 of this title and title IV, it is 
unlawful--
          (1) * * *

           *       *       *       *       *       *       *

          (4) for any person to transport, purchase, sell, 
        export, or offer to purchase, sell, or export any 
        marine mammal or marine mammal product--
                  (A) that is taken in violation of this Act; 
                or
                  (B) for any purpose other than public 
                display, scientific research, or enhancing the 
                survival of a species or stock as provided for 
                under [subsection 104(c); and] section 104(c);
          (5) for any person to use, in a commercial fishery, 
        any means or methods of fishing in contravention of any 
        regulations or limitations, issued by the Secretary for 
        that fishery to achieve the purposes of this Act[.]; 
        and
          (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).

           *       *       *       *       *       *       *


                                PERMITS

  Sec. 104. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *

           *       *       *       *       *       *       *

          (5)(A) * * *

           *       *       *       *       *       *       *

  (D) The Secretary of the Interior shall[, expeditiously after 
the expiration of the applicable 30 day period under subsection 
(d)(2),] issue a permit for the importation of polar bear parts 
(other than internal organs) from polar bears taken in sport 
hunts in Canada before [the date of enactment of the Marine 
Mammal Protection Act Amendments of 1994] February 18, 1997, to 
each applicant who submits, with the permit application, proof 
that the polar bear was legally harvested in Canada by the 
applicant. The Secretary shall issue such permits without 
regard to the provisions of subparagraphs (A) and (C)(ii) of 
this paragraph, subsection (d)(3) of this section, and sections 
101 and 102. This subparagraph shall not apply to polar bear 
parts that were imported before the effective date of this 
subparagraph.
  (E) The Secretary shall make available to the public on a 
semiannual basis information concerning the permits issued or 
denied under this paragraph.

           *       *       *       *       *       *       *

          (7) Upon request by a person for a permit under 
        paragraph (2), (3), or (4) for a marine mammal which is 
        in the possession of any person authorized to possess 
        it under this Act and which is determined under 
        guidance under section 402(a) not to be releasable to 
        the wild, the Secretary shall issue the permit to the 
        person requesting the permit notwithstanding any other 
        provision of law if that person--
                  (A) * * *

           *       *       *       *       *       *       *

          (9) No marine mammal may be exported for the purpose 
        of public display, scientific research, or enhancing 
        the survival or recovery of a species or stock unless 
        the Secretary of Agriculture determines, and then 
        certifies to 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. The Secretary may not 
        require or request, through comity or any other means, 
        that any marine mammal remain subject to the 
        jurisdiction of the United States when that marine 
        mammal or its progeny is located in waters or on lands 
        subject to the jurisdiction of another country.
          (10) The Secretary shall establish and maintain an 
        inventory of all marine mammals held within the lands 
        and waters of the United States possessed pursuant to 
        permits issued under paragraph (2)(A), by persons 
        exercising rights under paragraph (2)(C), and all 
        progeny of such marine mammals held within the lands 
        and waters of the United States. The inventory, which 
        shall be updated on an annual basis, shall contain, for 
        each marine mammal, only the following information 
        which shall be provided by a person holding a marine 
        mammal under this Act:
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) The date of ownership, or other 
                acquisition or disposition of the marine mammal 
                by the permit holder.

           *       *       *       *       *       *       *

  (d)(1) * * *
  (2) The Secretary shall publish notice in the Federal 
Register of each application made for a permit under this 
section, except for an application for a permit to import polar 
bear parts under subsection (c)(5). Such notice shall invite 
the submission from interested parties, within thirty days 
after the date of the notice, of written data or views, with 
respect to the taking or importation proposed in such 
application.

           *       *       *       *       *       *       *

  (5) As soon as practicable (but not later than thirty days) 
after the close of the hearing or, if no hearing is held, after 
the last day on which data, or views, may be submitted pursuant 
to paragraph (2) of this subsection, the Secretary shall (A) 
issue a permit containing such terms and conditions as he deems 
appropriate, or (B) shall deny issuance of a permit. Notice of 
the decision of the Secretary to issue or to deny any permit 
under this paragraph must be published in the Federal Register 
within ten days after the date of issuance or denial if a 
notice of application was required to be published pursuant to 
paragraph (2) with respect to the permit.

           *       *       *       *       *       *       *


                               PENALTIES

  Sec. 105. (a)(1) Any person who violates any provision of 
this title or of any permit or regulation issued thereunder, 
except as provided in section 118, may be assessed a civil 
penalty by the Secretary of not more than [$10,000] $20,000 for 
each such violation. No penalty shall be assessed unless such 
person is given notice and opportunity for a hearing with 
respect to such violation. Each unlawful taking or importation 
shall be a separate offense. Any such civil penalty may be 
remitted or mitigated by the Secretary for good cause shown. 
Upon any failure to pay a penalty assessed under this 
subsection, the Secretary may request the Attorney General to 
institute a civil action in a district court of the United 
States for any district in which such person is found, resides, 
or transacts business to collect the penalty and such court 
shall have jurisdiction to hear and decide any such action.

           *       *       *       *       *       *       *

  (b) Any person who knowingly violates any provision of this 
title or of any permit or regulation issued thereunder (except 
as provided in section 118) shall, upon conviction, be fined 
not more than [$20,000] $30,000 for each such violation, or 
imprisoned for not more than one year, or both.

               VESSEL FINE, CARGO FORFEITURE, AND REWARDS

  Sec. 106. (a) * * *
  (b) Any vessel subject to the jurisdiction of the United 
States that is employed in any manner in the unlawful taking of 
any marine mammal shall be liable for a civil penalty of not 
more than [$25,000] $35,000. Such penalty shall be assessed by 
the district court of the United States having jurisdiction 
over the vessel. Clearance of a vessel against which a penalty 
has been assessed, from a port of the United States, may be 
withheld until such penalty is paid, or until a bond or 
otherwise satisfactory surety is posted. Such penalty shall 
constitute a maritime lien on such vessel which may be 
recovered by action in rem in the district court of the United 
States having jurisdiction over the vessel.

           *       *       *       *       *       *       *


                     MARINE MAMMAL RESEARCH GRANTS

  Sec. 110. [(a) The Secretary is authorized to make grants, or 
to provide financial assistance in such other form as he deems 
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 which are relevant to the protection and conservation 
of marine mammals. In carrying out this subsection, the 
Secretary shall undertake a program of, and shall provide 
financial assistance for, research into new methods of locating 
and catching yellowfin tuna without the incidental taking of 
marine mammals. The Secretary shall include a description of 
the annual results of research carried out under this section 
in the report required under section 103(f).]
  (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, and the 
        ecosystems upon which they depend, including, but not 
        limited to, the Bering/Chukchi Sea ecosystem and the 
        California coastal marine ecosystem.
          (2) Inclusion of information in reports.--The 
        Secretary shall include a description of the annual 
        results of research carried out with assistance under 
        this section in the report required under section 
        103(f).
          (3) Contributions.--For purposes of carrying out this 
        section, the Secretary may accept, solicit, receive, 
        hold, administer, and use gifts, devises, and bequests.

           *       *       *       *       *       *       *

  [(c)(1) No later than 1 year after the date of enactment of 
the Marine Mammal Protection Act Amendments of 1994, the 
Secretary of Commerce shall convene a regional workshop for the 
Gulf of Maine to assess human-caused factors affecting the 
health and stability of that marine ecosystem, of which marine 
mammals are a part. The workshop shall be conducted in 
consultation with the Marine Mammal Commission, the adjacent 
coastal States, individuals with expertise in marine mammal 
biology and ecology, representatives from environmental 
organizations, the fishing industry, and other appropriate 
persons. The goal of the workshop shall be to identify such 
factors, and to recommend a program of research and management 
to restore or maintain that marine ecosystem and its key 
components that--
          [(A) protects and encourages marine mammals to 
        develop to the greatest extent feasible commensurate 
        with sound policies of resource management;
          [(B) has as the primary management objective the 
        maintenance of the health and stability of the marine 
        ecosystems;
          [(C) ensures the fullest possible range of management 
        options for future generations; and
          [(D) permits nonwasteful, environmentally sound 
        development of renewable and nonrenewable resources.
  [(2) On or before December 31, 1995, the Secretary of 
Commerce shall submit to the Committee on Merchant Marine and 
Fisheries of the House of Representatives and the Committee on 
Commerce, Science and Transportation of the Senate a report 
containing the results of the workshop under this subsection, 
proposed regulatory or research actions, and recommended 
legislative action.
  [(d)(1) The Secretary of Commerce, in consultation with the 
Secretary of the Interior, the Marine Mammal Commission, the 
State of Alaska, and Alaska Native organizations, shall, not 
later than 180 days after the date of enactment of the Marine 
Mammal Protection Act Amendments of 1994, undertake a 
scientific research program to monitor the health and stability 
of the Bering Sea marine ecosystem and to resolve uncertainties 
concerning the causes of population declines of marine mammals, 
sea birds, and other living resources of that marine ecosystem. 
The program shall address the research recommendations 
developed by previous workshops on Bering Sea living marine 
resources, and shall include research on subsistence uses of 
such resources and ways to provide for the continued 
opportunity for such uses.
  [(2) To the maximum extent practicable, the research program 
undertaken pursuant to paragraph (1) shall be conducted in 
Alaska. The Secretary of Commerce shall utilize, where 
appropriate, traditional local knowledge and may contract with 
a qualified Alaska Native organization to conduct such 
research.
  [(3) The Secretary of Commerce, the Secretary of the 
Interior, and the Commission shall address the status and 
findings of the research program in their annual reports to 
Congress required by sections 103(f) and 204 of this Act.]

                 COMMERCIAL FISHERIES GEAR DEVELOPMENT

  Sec. 111. [(a) The Secretary of the department in which the 
National Oceanic and Atmospheric Administration is operating 
(hereafter referred to in this section as the ``Secretary'') is 
hereby authorized and directed to immediately undertake a 
program of research and development for the purpose of devising 
improved fishing methods and gear so as to reduce to the 
maximum extent practicable the incidental taking of marine 
mammals in connection with commercial fishing. At the end of 
the full twenty-four calendar month period following the date 
of the enactment of this Act, the Secretary shall deliver his 
report in writing to the Congress with respect to the results 
of such research and development. For the purposes of this 
section, there is hereby authorized to be appropriated the sum 
of $1,000,000 for the fiscal year ending June 30, 1973, and the 
same amount for the next fiscal year. Funds appropriated for 
this section shall remain available until expended.]
  (a) Research and Development Program.--
          (1) In general.--The Secretary of Commerce (in this 
        section referred to as the ``Secretary'') shall--
                  (A) carry out a program of research and 
                development for the purpose of devising 
                improved fishing methods and gear 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.

           *       *       *       *       *       *       *

  (e) Gear Research 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.

           *       *       *       *       *       *       *


             APPLICATION TO OTHER TREATIES AND CONVENTIONS

  Sec. 113. (a) * * *

           *       *       *       *       *       *       *

  (c) The Secretary of the Interior, in consultation with the 
Secretary of State and the Marine Mammal Commission, shall 
review the effectiveness of United States implementation of the 
Agreement on the Conservation of Polar Bears, particularly with 
respect to the habitat protection mandates contained in Article 
II. The Secretary shall report the results of this review to 
the Committee on [Merchant Marine and Fisheries] Resources of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later than April 
1, 1995.
  (d) Not later than 6 months after the date of enactment of 
the Marine Mammal Protection Act Amendments of 1994, the 
Secretary of the Interior, acting through the Secretary of 
State and in consultation with the Marine Mammal Commission and 
the State of Alaska, shall consult with the appropriate 
officials of the Russian Federation on the development and 
implementation of enhanced cooperative research and management 
programs for the conservation of polar bears in Alaska and 
Russia. The Secretary shall report the results of this 
consultation and provide periodic progress reports on the 
research and management programs to the Committee on [Merchant 
Marine and Fisheries] Resources of the House of Representatives 
and the Committee on Commerce, Science and Transportation of 
the Senate.

               INTERIM EXEMPTION FOR COMMERCIAL FISHERIES

  Sec. 114. (a) * * *

           *       *       *       *       *       *       *

  (l)(1) * * *

           *       *       *       *       *       *       *

  (4) On or before January 1, 1992, the Secretary, after 
consultation with the Marine Mammal Commission, and 
consideration of public comment, shall transmit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on [Merchant Marine and Fisheries] 
Resources of the House of Representatives recommendations 
pertaining to the incidental taking of marine mammals, other 
than those subject to section 104(h)(2), after October 1, 1993. 
The recommendations shall include--
          (A) * * *

           *       *       *       *       *       *       *


SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Department of Commerce.--(1) There are authorized to be 
appropriated to the Department of Commerce, for purposes of 
carrying out its functions and responsibilities under this 
title (other than sections 117 and 118) and title IV, 
$12,138,000 for fiscal year 1994, $12,623,000 for fiscal year 
1995, $13,128,000 for fiscal year 1996, $13,653,000 for fiscal 
year 1997, $14,200,000 for fiscal year 1998, and $14,768,000 
for fiscal year 1999.
  [(2) There are authorized to be appropriated to the 
Department of Commerce, for purposes of carrying out sections 
117 and 118, $20,000,000 for each of the fiscal years 1994 
through 1999.
  [(b) Department of the Interior.--There are authorized to be 
appropriated to the Department of the Interior, for purposes of 
carrying out its functions and responsibilities under this 
title, $8,000,000 for fiscal year 1994, $8,600,000 for fiscal 
year 1995, $9,000,000 for fiscal year 1996, $9,400,000 for 
fiscal year 1997, $9,900,000 for fiscal year 1998, and 
$10,296,000 for fiscal year 1999.]
  (a) Department of Commerce.--(1) There are authorized to be 
appropriated to the Department of Commerce, for purposes of 
carrying out its functions and responsibilities under this 
title (other than sections 117 and 118) and title IV--
          (A) $23,728,000 for 2004;
          (B) $24,378,000 for 2005;
          (C) $25,028,000 for 2006;
          (D) $25,678,000 for 2007; and
          (E) $26,328,000 for 2008.
  (2) There are authorized to be appropriated to the Department 
of Commerce, for purposes of carrying out sections 117 and 118, 
$20,000,000 for each of the fiscal years 2004 through 2008.
  (b) Department of the Interior.--There are authorized to be 
appropriated to the Department of the Interior, for purposes of 
carrying out its functions and responsibilities under this 
title--
          (1) $11,800,000 for 2004;
          (2) $12,300,000 for 2005;
          (3) $12,800,000 for 2006;
          (4) $13,300,000 for 2007; and
          (5) $13,800,000 for 2008.

SEC. 117. STOCK ASSESSMENTS.

  (a) In General.--Not later than August 1, 1994, the Secretary 
shall, in consultation with the appropriate regional scientific 
review group established under subsection (d), prepare a draft 
stock assessment for each marine mammal stock which occurs in 
waters under the jurisdiction of the United States. Each draft 
stock assessment, based on the best scientific information 
available, shall--
          (1) * * *

           *       *       *       *       *       *       *

          (4) describe commercial fisheries that interact with 
        the stock, including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) seasonal or area differences in such 
                incidental mortality or serious injury; [and]
                  (D) the rate, based on the appropriate 
                standard unit of fishing effort, of such 
                incidental mortality and serious injury, and an 
                analysis stating whether such level is 
                insignificant and is approaching a zero 
                mortality and serious injury rate; and
                  (E) potential conservation benefits provided 
                by State and regional fishery management 
                regulations;

           *       *       *       *       *       *       *


SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING 
                    OPERATIONS.

  (a) In General.--(1) Effective on the date of enactment of 
this section, and except as provided in section 114 and in 
paragraphs (2), (3), and (4) of this subsection, the provisions 
of this section shall govern the incidental taking of marine 
mammals in the course of [commercial] fishing operations by 
persons using vessels of the United States or vessels which 
have valid fishing permits issued by the Secretary in 
accordance with section 204(b) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1824(b)). In any 
event it shall be the immediate goal that the incidental 
mortality or serious injury of marine mammals occurring in the 
course of [commercial] fishing operations be reduced to 
insignificant levels approaching a zero mortality and serious 
injury rate within 7 years after the date of enactment of this 
section.

           *       *       *       *       *       *       *

  (5) Except as provided in section 101(c), the intentional 
lethal take of any marine mammal in the course of [commercial] 
fishing operations is prohibited.

           *       *       *       *       *       *       *

  (b) Zero Mortality Rate Goal.--(1) * * *

           *       *       *       *       *       *       *

  (3) Three years after such date of enactment, the Secretary 
shall review the progress of all commercial fisheries, by 
fishery, toward reducing incidental mortality and serious 
injury to insignificant levels approaching a zero rate. The 
Secretary shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on [Merchant 
Marine and Fisheries] Resources of the House of Representatives 
a report setting forth the results of such review within 1 year 
after commencement of the review. The Secretary shall note any 
commercial fishery for which additional information is required 
to accurately assess the level of incidental mortality and 
serious injury of marine mammals in the fishery.

           *       *       *       *       *       *       *

  [(c) Registration and Authorization.--(1) The Secretary 
shall, within 90 days after the date of enactment of this 
section--
          [(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 commercial 
        fisheries published under section 114(b)(1) and which 
        is in existence on March 31, 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 
        commercial fisheries that have--
                  [(i) frequent incidental mortality and 
                serious injury of marine mammals;
                  [(ii) occasional incidental mortality and 
                serious injury of marine mammals; or
                  [(iii) a remote likelihood of or no known 
                incidental mortality or serious injury of 
                marine mammals;]
  (c) Registration and Authorization.--(1) The Secretary shall, 
within 90 days after the date of enactment of the Marine Mammal 
Protection Act Amendments of 2004--
          (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;
          (B) after the close of the period for such public 
        comment, publish in the Federal Register a revised list 
        of [commercial] fisheries and an update of information 
        required by subparagraph (A), together with a summary 
        of the provisions of this section and information 
        sufficient to advise vessel owners on how to obtain an 
        authorization and otherwise comply with the 
        requirements of this section; and
          (C) at least once each year thereafter, and at such 
        other times as the Secretary considers appropriate, 
        reexamine, based on information gathered under this Act 
        and other relevant sources and after notice and 
        opportunity for public comment, the classification of 
        [commercial] fisheries and other determinations 
        required under subparagraph (A) and publish in the 
        Federal Register any necessary changes.
  (2)(A) An authorization shall be granted by the Secretary in 
accordance with this section for a vessel engaged in a 
[commercial] fishery listed under paragraph (1)(A) (i) or (ii), 
upon receipt by the Secretary of a completed registration form 
providing the name of the vessel owner and operator, the name 
and description of the vessel, the fisheries in which it will 
be engaged, the approximate time, duration, and location of 
such fishery operations, and the general type and nature of use 
of the fishing gear and techniques used. Such information shall 
be in a readily usable format that can be efficiently entered 
into and utilized by an automated or computerized data 
processing system. A decal or other physical evidence that the 
authorization is current and valid shall be issued by the 
Secretary at the time an authorization is granted, and so long 
as the authorization remains current and valid, shall be 
reissued annually thereafter.

           *       *       *       *       *       *       *

  (3)(A) An owner of a vessel engaged in any fishery listed 
under paragraph (1)(A) (i) or (ii) shall, in order to engage in 
the lawful incidental taking of marine mammals in [a commercial 
fishery] that fishery--
          (i) have registered as required under paragraph (2) 
        with the Secretary in order to obtain for each such 
        vessel owned and used in the fishery an authorization 
        for the purpose of incidentally taking marine mammals 
        in accordance with this section[, except that owners of 
        vessels holding valid certificates of exemption under 
        section 114 are deemed to have registered for purposes 
        of this subsection for the period during which such 
        exemption is valid];

           *       *       *       *       *       *       *

  (E) Each owner of a vessel engaged in any commercial fishery 
not listed under paragraph (1)(A) (i) or (ii), and the master 
and crew members of such a vessel, shall not be subject to the 
penalties set forth in this title for the incidental taking of 
marine mammals if such owner reports to the Secretary, in the 
form and manner required under subsection (e), instances of 
incidental mortality or injury of marine mammals in the course 
of that fishery.

           *       *       *       *       *       *       *

  (5)(A) * * *
  (B) The Secretary shall utilize newspapers of general 
circulation, fishery trade associations, electronic media, and 
other means of advising [commercial] fishermen of the 
provisions of this section and the means by which they can 
comply with its requirements.

           *       *       *       *       *       *       *

  (d) Monitoring of Incidental Takes.--(1) The Secretary shall 
establish a program to monitor incidental mortality and serious 
injury of marine mammals during the course of [commercial 
fishing operations] fishing operations in a fishery listed 
under subsection (c)(1)(A)(i) or (ii). The purposes of the 
monitoring program shall be to--
          (A) * * *

           *       *       *       *       *       *       *

          [(C) identify changes in fishing methods or 
        technology that may increase or decrease incidental 
        mortality and serious injury.]
          (C) identify current fishery regulations and changes 
        in fishing methods or technology that may increase or 
        decrease incidental mortality and serious injury.

           *       *       *       *       *       *       *

  (3) In determining the distribution of observers among 
[commercial fisheries] fisheries listed under subsection 
(c)(1)(A)(i) or (ii) and vessels within a fishery, the 
Secretary shall be guided by the following standards:
          (A) * * *

           *       *       *       *       *       *       *

  (4) To the extent practicable, the Secretary shall allocate 
observers among [commercial fisheries] fisheries listed under 
subsection (c)(1)(A)(i) or (ii) in accordance with the 
following priority:
          (A) The highest priority for allocation shall be for 
        [commercial fisheries] fisheries listed under 
        subsection (c)(1)(A)(i) or (ii) that have incidental 
        mortality or serious injury of marine mammals from 
        stocks listed as endangered species or threatened 
        species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
          (B) The second highest priority for allocation shall 
        be for [commercial fisheries] fisheries listed under 
        subsection (c)(1)(A)(i) or (ii) that have incidental 
        mortality and serious injury of marine mammals from 
        strategic stocks.
          (C) The third highest priority for allocation shall 
        be for [commercial fisheries] fisheries listed under 
        subsection (c)(1)(A)(i) or (ii) that have incidental 
        mortality or serious injury of marine mammals from 
        stocks for which the level of incidental mortality and 
        serious injury is uncertain.
  (5) The Secretary may establish an alternative observer 
program to provide statistically reliable information on the 
species and number of marine mammals incidentally taken in the 
course of [commercial fishing operations] fishing operations in 
fisheries listed under subsection (c)(1)(A)(i) or (ii). The 
alternative observer program may include direct observation of 
fishing activities from vessels, airplanes, or points on shore.

           *       *       *       *       *       *       *

  (e) Reporting Requirement.--The owner or operator of a 
[commercial] fishing vessel subject to this [Act] section shall 
report all incidental mortality and injury of marine mammals in 
the course of [commercial] fishing operations to the Secretary 
by mail or other means acceptable to the Secretary within 48 
hours after the end of each fishing trip on a standard postage-
paid form to be developed by the Secretary under this section. 
Such form shall be capable of being readily entered into and 
usable by an automated sor computerized data processing system 
and shall require the vessel owner or operator to provide the 
following:
          (1) * * *

           *       *       *       *       *       *       *

  [(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 commercial fishery listed under subsection 
(c)(1)(A) (i) or (ii), and may develop and implement such a 
plan for any other marine mammal stocks which interact with a 
commercial 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.]
  (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.
  (2) The immediate goal of a take reduction plan for a 
strategic stock shall be to reduce, within [6] 9 months of its 
implementation, the incidental mortality or serious injury of 
marine mammals incidentally taken in the course of [commercial 
fishing operations] fishing operations in fisheries listed 
under subsection (c)(1)(A)(i) or (ii) to levels less than the 
potential biological removal level established for that stock 
under section 117. The long-term goal of the plan shall be to 
reduce, within 5 years of its implementation, the incidental 
mortality or serious injury of marine mammals incidentally 
taken in the course of [commercial fishing operations] fishing 
operations in fisheries listed under subsection (c)(1)(A)(i) or 
(ii) to insignificant levels approaching a zero mortality and 
serious injury rate, taking into account the economics of the 
fishery, the availability of existing technology, and existing 
conservation benefits of State or regional fishery management 
plans.
  (3) If there is insufficient funding available to develop and 
implement a take reduction plan for all such stocks that 
interact with [commercial] fisheries listed under subsection 
(c)(1)(A) (i) or (ii), the Secretary shall give highest 
priority to the development and implementation of take 
reduction plans for species or stocks whose level of incidental 
mortality and serious injury exceeds the potential biological 
removal level, those that have a small population size, and 
those which are declining most rapidly.
  (4) Each take reduction plan shall include--
          [(A) a review of the information in the final stock 
        assessment published under section 117(b) and any 
        substantial new information;]
          (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) an estimate of the total number and, if possible, 
        age and gender, of animals from the stock that are 
        being incidentally lethally taken or seriously injured 
        each year during the course of [commercial fishing 
        operations] fishing operations in fisheries listed 
        under subsection (c)(1)(A)(i) or (ii), by fishery;

           *       *       *       *       *       *       *

  (5)(A) For any stock in which incidental mortality and 
serious injury from [commercial] fisheries exceeds the 
potential biological removal level established under section 
117, the plan shall include measures the Secretary expects will 
reduce, within [6] 9 months of the plan's implementation, such 
mortality and serious injury to a level below the potential 
biological removal level.
  (B) For any stock in which human-caused mortality and serious 
injury exceeds the potential biological removal level, other 
than a stock to which subparagraph (A) applies, the plan shall 
include measures the Secretary expects will reduce, to the 
maximum extent practicable within 6 months of the plan's 
implementation, the incidental mortality and serious injury by 
such [commercial] fisheries from that stock. For purposes of 
this subparagraph, the term ``maximum extent practicable'' 
means to the lowest level that is feasible for such fisheries 
within the 6-month period.
  (6)(A) At the earliest possible time [(not later than 30 
days)] after the Secretary issues a final stock assessment 
under section 117(b) for a strategic stock, the Secretary 
shall, and for stocks that interact with a fishery listed under 
subsection (c)(1)(A)(i) for which the Secretary has made a 
determination under paragraph (1), the Secretary may--
          (i) * * *
          (ii) publish in the Federal Register a notice of the 
        team's establishment, the names of the team's appointed 
        members, the full geographic range of such stock, and a 
        list of all [commercial fisheries] fisheries listed 
        under subsection (c)(1)(A)(i) or (ii) that cause 
        incidental mortality and serious injury of marine 
        mammals from such stock.

           *       *       *       *       *       *       *

  (C) Members of take reduction teams shall have expertise 
regarding the conservation or biology of the marine mammal 
species which the take reduction plan will address, or the 
fishing practices which result in the incidental mortality and 
serious injury of such species. Members shall include 
representatives of Federal agencies, each coastal State which 
has fisheries which interact with the species or stock, 
appropriate Regional Fishery Management Councils, interstate 
fisheries commissions, academic and scientific organizations, 
environmental groups, all commercial and recreational fisheries 
groups and gear types which incidentally take the species or 
stock, Alaska Native organizations or Indian tribal 
organizations, and others as the Secretary deems 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. Take reduction 
teams shall, to the maximum extent practicable, consist of an 
equitable balance among representatives of resource user 
interests and nonuser interests.

           *       *       *       *       *       *       *

  (7) Where the human-caused mortality and serious injury from 
a strategic stock is estimated to be equal to or greater than 
the potential biological removal level established under 
section 117 for such stock and such stock interacts with a 
fishery listed under subsection (c)(1)(A) (i) or (ii), the 
following procedures shall apply in the development of the take 
reduction plan for the stock:
          (A)(i) Not later than [6] 9 months after the date of 
        establishment of a take reduction team for the stock, 
        the team shall submit a draft take reduction plan for 
        such stock to the Secretary, consistent with the other 
        provisions of this section.

           *       *       *       *       *       *       *

          (B)(i) The Secretary shall take the draft take 
        reduction plan into consideration and, [not later than 
        60 days] not later than 120 days after the submission 
        of the draft plan by the team, the Secretary shall 
        publish in the Federal Register the plan proposed by 
        the team, any changes proposed by the Secretary with an 
        explanation of the reasons therefor, and proposed 
        regulations to implement such plan, for public review 
        and comment during a period of not to exceed 90 days. 
        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.
          (ii) In the event that the take reduction team does 
        not submit a draft plan to the Secretary within [6] 9 
        months, the Secretary shall, [not later than 8 months] 
        not later than 11 months after the establishment of the 
        team, publish in the Federal Register a proposed take 
        reduction plan and implementing regulations, for public 
        review and comment during a period of not to exceed 90 
        days.
          (C) [Not later than 60 days] Not later than 90 days 
        after the close of the comment period required under 
        subparagraph (B), the Secretary shall issue a final 
        take reduction plan and implementing regulations, 
        consistent with the other provisions of this section.
          (D) The Secretary shall, during a period of 30 days 
        after publication of a final take reduction plan, 
        utilize newspapers of general circulation, fishery 
        trade associations, electronic media, and other means 
        of advising [commercial] fishermen of the requirements 
        of the plan and how to comply with them.

           *       *       *       *       *       *       *

  (8) Where the human-caused mortality and serious injury from 
a strategic stock is estimated to be less than the potential 
biological removal level established under section 117 for such 
stock and such stock interacts with a fishery listed under 
subsection (c)(1)(A) (i) or (ii), or for any marine mammal 
stocks which interact with a [commercial] fishery listed under 
subsection (c)(1)(A)(i) for which the Secretary has made a 
determination under paragraph (1), the following procedures 
shall apply in the development of the take reduction plan for 
such stock:
          (A) * * *

           *       *       *       *       *       *       *

          (C) [Not later than 60 days] Not later than 180 days 
        after the close of the comment period required under 
        subparagraph (B), the Secretary shall issue a final 
        take reduction plan and implementing regulations, 
        consistent with the other provisions of this section.
          (D) The Secretary shall, during a period of 30 days 
        after publication of a final take reduction plan, 
        utilize newspapers of general circulation, fishery 
        trade associations, electronic media, and other means 
        of advising [commercial] fishermen of the requirements 
        of the plan and how to comply with them.

           *       *       *       *       *       *       *

  (9) In implementing a take reduction plan developed pursuant 
to this subsection, the Secretary may, where necessary to 
implement a take reduction plan to protect or restore a marine 
mammal stock or species covered by such plan, promulgate 
regulations which include, but are not limited to, measures 
to--
          (A) establish fishery-specific limits on incidental 
        mortality and serious injury of marine mammals in 
        [commercial fisheries or restrict commercial fisheries] 
        fisheries listed under subsection (c)(1)(A)(i) or (ii) 
        or restrict such fisheries by time or area;
          (B) require the use of alternative [commercial] 
        fishing gear or techniques and new technologies, 
        encourage the development of such gear or technology, 
        or convene expert skippers' panels;
          (C) educate [commercial] fishermen, through workshops 
        and other means, on the importance of reducing the 
        incidental mortality and serious injury of marine 
        mammals in affected [commercial] fisheries; and
          (D) monitor, in accordance with subsection (d), the 
        effectiveness of measures taken to reduce the level of 
        incidental mortality and serious injury of marine 
        mammals in the course of [commercial fishing 
        operations] participation in a fishery listed under 
        subsection (c)(1)(A)(i) or (ii).

           *       *       *       *       *       *       *

  (g) Emergency Regulations.--(1) If the Secretary finds that 
the incidental mortality and serious injury of marine mammals 
from [commercial fisheries] fisheries listed under subsection 
(c)(1)(A)(i) or (ii) is having, or is likely to have, an 
immediate and significant adverse impact on a stock or species, 
the Secretary shall take actions as follows:
          (A) * * *

           *       *       *       *       *       *       *

  (3) Emergency regulations prescribed under this subsection--
          (A) * * *
          (B) shall remain in effect for not more than 180 days 
        or until the end of the applicable [commercial] fishing 
        season, whichever is earlier; and

           *       *       *       *       *       *       *

  (4) If the Secretary finds that incidental mortality and 
serious injury of marine mammals in a [commercial fishery] 
fishery listed under subsection (c)(1)(A)(i) or (ii) is 
continuing to have an immediate and significant adverse impact 
on a stock or species, the Secretary may extend the emergency 
regulations for an additional period of not more than 90 days 
or until reasons for the emergency no longer exist, whichever 
is earlier.

           *       *       *       *       *       *       *

  (j) Contributions.--For purposes of carrying out this 
section, including observer, research, and education and 
outreach programs, the Secretary may accept, solicit, receive, 
hold, administer, and use gifts, devises, and bequests.

           *       *       *       *       *       *       *


SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Authorization of Appropriations.--There are authorized to 
be appropriated for the purposes of carrying out this section--
          [(1) $1,500,000 to the Secretary of Commerce for each 
        of the fiscal years 1994, 1995, 1996, 1997, 1998, and 
        1999; and
          [(2) $1,000,000 to the Secretary of the Interior for 
        each of the fiscal years 1994, 1995, 1996, 1997, 1998, 
        and 1999.]
          (1) $2,000,000 to the Secretary of Commerce for each 
        of fiscal years 2004 through 2008; and
          (2) $1,500,000 to the Secretary of the Interior for 
        each of fiscal years 2004 through 2008.
The amounts authorized to be appropriated under this subsection 
are in addition to the amounts authorized to be appropriated 
under section 116.

SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE.

  (a) * * *

           *       *       *       *       *       *       *

  (f) California Sea Lions and Pacific Harbor Seals; 
Investigation and Report.--
          (1) * * *
          (2) Upon completion of the scientific investigation 
        required under paragraph (1), the Secretary shall enter 
        into discussions with the Pacific States Marine 
        Fisheries Commission, on behalf of the States of 
        Washington, Oregon, and California, for the purpose of 
        addressing any issues or problems identified as a 
        result of the scientific investigation, and to develop 
        recommendations to address such issues or problems. Any 
        recommendations resulting from such discussions shall 
        be submitted, along with the report, to the Committee 
        on [Merchant Marine and Fisheries] Resources of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.

           *       *       *       *       *       *       *

  (g) Regionwide Pinniped-Fishery Interaction Study.--
          (1) * * *
          (2) Subject to the availability of appropriations, 
        the Secretary may, not later than 18 months after the 
        commencement of the study under this subsection, 
        transmit a report on the results of the study to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on [Merchant Marine and 
        Fisheries] Resources of the House of Representatives.

           *       *       *       *       *       *       *

  (h) Gulf of Maine Task Force.--The Secretary shall establish 
a Pinniped-Fishery Interaction Task Force to advise the 
Secretary on issues or problems regarding pinnipeds interacting 
in a dangerous or damaging manner with aquaculture resources in 
the Gulf of Maine. No later than 2 years from the date of 
enactment of this section, the Secretary shall after notice and 
opportunity for public comment submit to the Committee on 
[Merchant Marine and Fisheries] Resources of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing recommended 
available alternatives to mitigate such interactions.

           *       *       *       *       *       *       *

  (k) Research on Nonlethal Removal and Control.--(1) The 
Secretary shall conduct research on the nonlethal removal and 
control of nuisance pinnipeds. The research 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 research program under this subsection, 
representatives of the commercial and recreational fishing 
industries.
  (3) The Secretary is encouraged, where appropriate, to use 
independent marine mammal research institutions in developing 
and in conducting the research 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.

TITLE II--MARINE MAMMAL COMMISSION

           *       *       *       *       *       *       *


                      ADMINISTRATION OF COMMISSION

  Sec. 206. The Commission, in carrying out its 
responsibilities under this title, may--
          (1) * * *

           *       *       *       *       *       *       *

          (4) procure the services of such experts or 
        consultants or an organization thereof as is authorized 
        under section 3109 of Title 5, United States Code [(but 
        at rates for individuals not to exceed $100 per diem)]; 
        and
          (5) incur such necessary expenses and exercise such 
        other powers, as are consistent with and reasonably 
        required to perform its functions under this title[; 
        except that no fewer than 11 employees must be employed 
        under paragraph (1) at any time]. Financial and 
        administrative services (including those related to 
        budgeting, accounting, financial reporting, personnel, 
        and procurement) shall be provided the Commission by 
        the General Services Administration, for which payment 
        shall be made in advance, or by reimbursement from 
        funds of the Commission in such amounts as may be 
        agreed upon by the Chairman and the Administrator of 
        General Services.

[SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to the Marine Mammal 
Commission, for purposes of carrying out this title, $1,500,000 
for fiscal year 1994, $1,550,000 for fiscal year 1995, 
$1,600,000 for fiscal year 1996, $1,650,000 for fiscal year 
1997, $1,700,000 for fiscal year 1998, and $1,750,000 for 
fiscal year 1999.]

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Marine Mammal 
Commission for purposes of carrying out this title--
          (1) $2,000,000 for fiscal year 2004;
          (2) $2,050,000 for fiscal year 2005;
          (3) $2,100,000 for fiscal year 2006;
          (4) $2,150,000 for fiscal year 2007; and
          (5) $2,200,000 for fiscal year 2008.

           *       *       *       *       *       *       *


TITLE IV--MARINE MAMMAL HEALTH AND STRANDING RESPONSE

           *       *       *       *       *       *       *


SEC. 402. DETERMINATION; DATA COLLECTION AND DISSEMINATION.

  (a) * * *
  (b) Collection.--The Secretary shall, in consultation with 
the Secretary of the Interior, collect and update, 
periodically, existing information on--
          (1) procedures and practices for--
                  (A) rescuing and rehabilitating stranded or 
                entangled marine mammals, including criteria 
                used by stranding network participants, on a 
                species-by-species basis, for determining at 
                what point a marine mammal undergoing rescue 
                and rehabilitation is returnable to the wild; 
                and

           *       *       *       *       *       *       *


[SEC. 403. STRANDING RESPONSE AGREEMENTS.]

SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

  (a) In General.--The Secretary may enter into an agreement 
under section 112(c) with any person to take marine mammals 
under section 109(h)(1) in response to a stranding or 
entanglement.

           *       *       *       *       *       *       *


SEC. 406. LIABILITY.

  (a) In General.--A person who is authorized to respond to a 
stranding or entanglement pursuant to an agreement entered into 
under section 112(c) is deemed to be an employee of the 
government for purposes of chapter 171 of title 28, United 
States Code, with respect to actions of the person that are--
          (1) * * *

           *       *       *       *       *       *       *


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 
stranded marine mammals for scientific research regarding 
marine mammal health, and facility operation costs that are 
directly related to those purposes. All funds available to 
implement this section shall be distributed to eligible 
stranding network participants for the three purposes set forth 
in this paragraph, except as provided in subsection (f).
  (2)(A) * * *
  (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)] 
        section 410(7), that occurred in any region in the 
        preceding year;

           *       *       *       *       *       *       *

  [(f ) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this section, the Secretary may expend 
not more than 6 percent or $80,000, whichever is greater, to 
pay the administrative expenses necessary to carry out this 
section.]
  (f) Administrative Costs and Expenses.--Of the amounts 
available each fiscal year to carry out this section, the 
Secretary shall not expend more than 6 percent or $80,000, 
whichever is greater, to pay the administrative costs and 
administrative expenses to implement the grant program provided 
for in subsection (a)(1). Any funds retained by the Secretary 
shall be used only for such administrative costs and expenses 
and any such funds that are not expended by the Secretary at 
the end of each fiscal year shall be expended as grants 
pursuant to the grant program established by subsection (a)(1).

           *       *       *       *       *       *       *

  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $5,000,000 for each 
of fiscal years [2001 through 2003] 2004 through 2008, to 
remain available until expended, of which--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated--
          (1) * * *

           *       *       *       *       *       *       *

          (3) to the Fund, [$500,000 for fiscal year 1993] 
        $125,000 for each of fiscal years 2004 through 2008.

SEC. 410. DEFINITIONS.

  In this title, the following definitions apply:
          (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.
          [(1)] (2) The term ``Fund'' means the Marine Mammal 
        Unusual Mortality Event Fund established by section 
        405(a).
          [(2)] (3) The term ``Office'' means the Office of 
        Protected Resources, in the National Marine Fisheries 
        Service.
          [(3)] (4) The term ``stranding'' means an event in 
        the wild in which--
                  (A) * * *

           *       *       *       *       *       *       *

          [(4)] (5) The term ``stranding network participant'' 
        means a person who is authorized by an agreement under 
        section 112(c) to take marine mammals as described in 
        section 109(h)(1) in response to a stranding.
          [(5)] (6) The term ``Tissue Bank'' means the National 
        Marine Tissue Bank provided for under section 407(a).
          [(6)] (7) The term ``unusual mortality event'' means 
        a stranding that--
                  (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


              DOLPHIN PROTECTION CONSUMER INFORMATION ACT

                    (Section 901 of Pub. L. 101-627)

                           DOLPHIN PROTECTION

  Sec. 901. (a) Short Title.--This section may be cited as the 
``Dolphin Protection Consumer Information Act''.

           *       *       *       *       *       *       *

  (c) Definitions.--For purposes of this section--
          (1) * * *
          (2) the term ``eastern tropical Pacific Ocean'' means 
        the area of the Pacific Ocean bounded by 40 degrees 
        north latitude, 40 degrees south latitude, [160 degrees 
        west longitude] 150 degrees west longitude, and the 
        western coastlines of North, Central, and South 
        America;

           *       *       *       *       *       *       *


                           SUPPLEMENTAL VIEWS

    While this legislation is the product of negotiation and 
compromise between the Chairman of the full committee and 
myself, as well as the chairman of the Subcommittee on 
Fisheries, Conservation, Wildlife and Oceans and that panel's 
ranking Democratic Member, and was reported in a bipartisan 
manner, certain provisions of the bill are described in the 
Committee Report in a way which in my view distorts their 
intent and purpose. For this reason, I am filing these 
Supplemental Views. Chiefly among these provisions are:
     15 Day Advance Notice/Captive Marine Mammals: The 
report states that the 15-day advance notice requirement for 
transfer of captive marine mammals should not apply to 
transport between facilities owned and operated by the same 
permit holder. This statement is without statutory basis and 
contrary to existing law and policy. Current law prohibits the 
sale, purchase, export or transport of marine mammals held for 
the purpose of public display unless the Secretary is notified 
of such action no later than 15 days before such action. This 
language clearly includes the transport of marine mammals 
between facilities, even where the owner of the facilities is 
the same, because of the explicit prohibition of both ``sale'' 
and ``transport.'' Simply because a permit holder may own and 
operate multiple facilities is no assurance that all of these 
facilities meet all requirements for the care and maintenance 
of marine mammals. Furthermore, transfer and shipping of marine 
mammals is stressful to the animals and should be monitored to 
avoid abuse.
     Zero Mortality Rate Goal: The report's discussion 
concerning the Zero Mortality Rate Goal (ZMRG) reflects views 
which I do not share. In two instance, the report states that 
ZMRG is unnecessary once incidental mortality reaches the 
Potential Biological Removal (PBR) level. The basis for this 
assertion is that PBR alone is sufficient to attain the Act's 
goal of maintaining populations at optimal sustainable 
populations. However, I do not agree with the premise of 
equating ZMRG with PBR. Such an interpretation would be 
contrary to the long-term goal of the take reduction team 
process which is to reduce incidental mortality to levels below 
PBR. ZMRG therefore functions as a precautionary downward 
pressure to continue to reduce incidental mortality with 
consideration of economic and technological factors of the 
fishery.
     Dolphin Safe: The Majority's dicta equating ZMRG 
and PBR may have implications concerning ongoing litigation 
concerning dolphin bycatch in the yellowfin tuna fishery in the 
Eastern Tropical Pacific Ocean and the ``Dolphin Safe'' 
consumer label. When Congress amended the International Dolphin 
Conservation Act in 1997, it amended the yellowfin tuna 
provisions of the MMPA to provide an annual mortality cap of 
5,000 dolphins and population-specific dolphin mortality limits 
in the ETP purse seine fishery. However, Congress also renewed 
a commitment and objective to progressively reduce dolphin 
mortality to a level approaching zero. Language in the 
Majority's report should not be read to imply that the Congress 
considers the practice of setting on dolphins or encirclement 
by purse seine nets to satisfy a ``best available technology'' 
standard, particularly at a time when the matter is in 
litigation.
     Small Numbers/Negligible Impact: The report's 
rationale for striking references to ``small numbers'' as it 
applies to determinations of ``no negligible impact'' should be 
clarified. Fundamental to striking ``small numbers'' as a test 
for permit approval is the understanding that any determination 
of negligible impact must account for the population dynamics 
of the species. Accordingly, it is my view that it remains the 
Secretary's responsibility to consider the special circumstance 
of small sub-populations (i.e., Puget Sound orca or Cook Inlet 
beluga whale) or listed species (i.e., North Atlantic right 
whale).
     Specific Geographic Region: The committee report 
states that in regard to ``specified geographic region'' an 
area should be as large as necessary to accomplish the 
activity. I disagree. Since 1981, it is well established law 
that the specified geographical region MAY be smaller than the 
activity's range. The primary purpose of this provision of the 
Act is to protect marine mammals, not to design a permitting 
system catering to variously-sized areas of activities. The 
Majority's unilateral interpretation would be a significant 
change in current law which holds that regions should be 
narrowly identified so that anticipated effects will be 
substantially the same.

                                                       Nick Rahall.

                                
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