[House Report 108-787]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-787

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



 
      PRESCOTT MARINE MAMMAL STRANDING PROGRAM AMENDMENTS OF 2004

                                _______
                                

 November 19, 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

                        [To accompany H.R. 5104]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5104) to amend the Marine Mammal Protection Act of 1972 
to authorize appropriations for the John H. Prescott Marine 
Mammal Rescue Assistance Grant Program, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 5104 is to amend the Marine Mammal 
Protection Act of 1972 to authorize appropriations for the John 
H. Prescott Marine Mammal Rescue Assistance Grant Program, and 
for other purposes.

                  Background and Need for Legislation

    The Marine Mammal Protection Act (MMPA) was enacted in 1972 
to protect and conserve marine mammal populations. 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 
Act, the Secretaries of Commerce and the Interior share 
jurisdiction of marine mammals in the wild. Interior has 
jurisdiction over sea otters, polar bears, manatees, dugongs, 
and walrus, while Commerce has jurisdiction over all other 
marine mammals.
    In 1992, Congress enacted the Marine Mammal Health and 
Stranding Response Act (Title IV of the MMPA) which: (1) 
statutorily recognized the marine mammal stranding network; (2) 
established procedures for responding to unusual mortality 
events affecting marine mammals; and (3) established the 
National Marine Mammal Tissue Bank.
    However, most marine mammal strandings are not associated 
with unusual mortality events. They involve the recovery of a 
dead marine mammal or the rescue of an animal that can be 
rehabilitated and released back into the wild. In most cases, 
this assistance is provided by small, underfunded members of 
the Marine Mammal Stranding Network, who take on the financial 
burden to rescue and rehabilitate stranded mammals.
    In 2000, the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program was enacted into law (Public Law 106-
555). This federal grant program was established to help defray 
the high cost of recovery and rehabilitation of marine mammals 
that fall outside the existing MMPA Title IV program. The 
Prescott stranding assistance program allows eligible Stranding 
Network participants to use funds for: (1) recovery and 
treatment of marine mammals; (2) collection of scientific data 
from live and dead animals; and (3) improving the treatment and 
operation of rescue and rehabilitation centers.
    The overall MMPA was also amended in 1994. These amendments 
established a new incidental take regime for commercial 
fisheries and required the National Marine Fisheries Service 
(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 modified for the public display community, allowing them 
to notify the relevant Secretary 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. 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.
    H.R. 5104 authorizes $5 million in appropriations for each 
fiscal year 2005-2009 for the grant program. It also authorizes 
appropriations for the Unusual Mortality Event Fund ($125,000 
for each fiscal year 2005-2009). The bill also prohibits the 
relevant Secretary from retaining funds beyond those for 
administrating the Prescott Grant Program, and requires that 
any unused administration funds shall be included in the grant 
funding. The bill also allows the relevant Secretary to accept 
gifts to administer the Prescott Grant Program. H.R. 5104 also 
contains provisions from H.R. 2693, the Marine Mammal 
Protection Act Amendments of 2003, which the Committee passed 
in November 2003, addressing many of the 1994 MMPA amendments.

                            Committee Action

    H.R. 5104 was introduced on September 17, 2004, by 
Congressman Wayne Gilchrest (R-MD). The bill was referred to 
the Committee on Resources. On September 22, 2004, the Full 
Resources Committee met to consider the bill. There were no 
amendments offered and the bill was 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 ``Prescott Marine Mammal 
Stranding Program 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. Authorization of appropriations for John H. Prescott Marine 
        Mammal Rescue Assistance Grant Program

    This section also authorizes appropriations for the 
Prescott Grant Program and the Unusual Mortality Event Fund 
authorized in section 409 of the MMPA.
    This section amends Title IV of the Marine Mammal 
Protection Act 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.
    The Secretary is prohibited from retaining funds under MMPA 
section 408 (Prescott Grant Program), except for administrative 
costs. Any remaining funds are required to be issued in the 
form of grants to stranding facilities.

Section 4. 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 5. 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. A foreign national 
is also allowed to export a marine mammal product for 
noncommercial purposes. This section 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 are for non-commercial purposes.

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 be required 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 relevant Secretary 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 
Secretary of Commerce 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.
    The Secretary of Commerce, where appropriate, should 
include at take reduction team meetings a representative from 
each of the following National Oceanic and Atmospheric 
Administration (NOAA) offices--the NOAA General Counsel office, 
the appropriate regional Administrator's office, NMFS 
fisheries, and NMFS law enforcement.
    This section also requires the relevant Secretary to 
reconvene a take reduction team (TRT) and explain any 
differences the Secretary makes between the draft plan, which 
was drafted by the TRT, and the published plan. A TRT should 
not be reconvened for minor changes to a plan, which might 
include technical or unsubstantial changes like typographical 
errors. Instead, the Secretary should 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 
facilitate the process and ensure that appropriate measures are 
included in the TRT's recommendations.
    This section clarifies that contributions from private 
sources can be used for observers, research, education and 
outreach programs.
    This section gives the Secretary some flexibility on 
convening TRTs. After notice and pubic comment, the Secretary 
may decide not to convene TRTs for those fisheries that are 
having a negligible impact on the marine mammal stock. This 
flexibility will allow the Secretary to focus staff time and 
resources on those fisheries that have high interactions with 
marine mammals.
    This section amends MMPA 118(a)(1) and (b)(1) to delete the 
phrase ``within 7 years after the date of enactment of this 
section.'' Discussions with the agency have clarified that the 
removal of the expired date should not adversely affect how 
NMFS must now implement the zero mortality rate goal under MMPA 
section 118, 16 U.S.C. 1387. The removal of the expired date 
does not require immediate development of a take reduction 
plan. As stated in the Administration's views letter, section 
118 requires NMFS to develop and implement take reduction plans 
for commercial fisheries that have an incidental mortality 
inconsistent with the zero mortality rate goal. However, the 
take reduction process remains dependent on prioritization and 
availability of information and resources. Specifically, 
section 118(f)(3) of the MMPA provides priorities for 
development and implementation of take reduction plans if funds 
are insufficient for all necessary plans. The deletion of the 
expired date removes potential litigation and frees the agency 
to prioritize and implement the requirements of this section.
    This section also clarifies that MMPA 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 of the Act 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 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 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 been beneficial to 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.

Section 7. Pinniped research

    This section amends MMPA section 120 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.
    This section authorizes ``Qualified Nonlethal Control 
Projects.'' The relevant Secretary is authorized to issue 
grants to a State, local government, or interstate or regional 
agency to carry out and monitor or maintain a nonlethal control 
of nuisance pinnipeds project. The grants are authorized for up 
to two years and the recipient is required to report to the 
Secretary when the grant expires. The report is required to 
contain information on the methods and techniques used and the 
ensuing results. The federal share of these projects shall not 
exceed 75% of the overall cost. In-kind contributions are 
authorized for the non-federal share of the activity. This 
section authorizes an appropriation of $1.5 million for these 
activities.

Section 8. Marine Mammal Commission

    This section deletes the $100 per diem rate cap and 
clarifies the staffing authorization for the Commission. It 
also removes the requirement that the Commission use the 
General Services Administration for its financial and 
administrative services.

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 for the authorization period of this 
bill.

Section 10. 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. Temporary releases by the 
Navy are not subject to this prohibition due to current 
authorizations for their activities.

Section 11. Tropical treaty conforming amendments

    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''.

Section 12. 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 
Secretaries have 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. These facilities 
help generate the general public's good will toward marine 
mammals and develop 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. 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 
notifies the relevant Secretary that the receiving facility 
meets standards of care and maintenance that are comparable to 
the standards of care and maintenance required for a person 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 exported marine mammal or its progeny 
remain subject to the jurisdiction of the United States when 
located in waters or on lands that are subject to the 
jurisdiction of another country.
    The inventory provision subsection (c)(10) is amended to 
clarify that the inventory is for marine mammals in facilities 
under the jurisdiction of the United States. In addition, it 
clarifies that the inventory is to be updated annually. It is 
further amended to specify that facilities have ownership of 
the marine mammals in their care.
    This section also requires the Secretaries of Commerce and 
the Interior to jointly conduct a review of the marine mammal 
inventory regarding the use of the information in the 
inventory, and the costs, benefits, and issues associated with 
potentially providing the information through an online 
inventory.

Section 13. Fisheries gear development

    This section amends section 111 to authorize the Secretary 
of Commerce 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. An authorization of 
appropriation of $1.5 million for each of the fiscal years 
2005-2009 is also included.

Section 14. Marine mammal research grants

    This section amends MMPA section 110 to delete expired 
provisions and authorize the relevant Secretary to make grants 
or other financial assistance to Federal or State agencies, 
public or private 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 relevant Secretary is authorized to receive 
gifts to carry out this section. An authorization of 
appropriation of $1.5 million for each of the fiscal years 
2005-2009 is also included.

Section 15. 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.

Section 16. Cooperative agreements in Alaska

    This section amends MMPA section 119 to allow the 
Secretaries of Commerce and the Interior, in coordination with 
Alaska Native organizations, to develop harvest management 
plans within existing or newly developed cooperative management 
agreements. The Alaska Native organizations are authorized to 
adopt regulations and ordinances, that apply to Alaska Natives 
only, to implement the harvest management plan. The relevant 
Secretary is required to solicit recommendations from Alaska 
Native organizations when developing regulations and will 
publish each harvest management plan entered into under this 
section. Appropriations are authorized for the Secretaries of 
Commerce and the Interior to carry out the provisions of this 
section for fiscal years 2005-2009.

Section 17. Annual report requirement

    This section reinstates the requirement that the 
Secretaries of Commerce and the Interior report annually to 
Congress on the current status of marine mammals.
    This section also requires federal agencies that conduct 
and provide funds for research on marine mammals to report 
annually to the Committee on Resources and the Senate Committee 
on Commerce, Science, and Transportation.

            Committee Oversight Findings and Recommendations

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

                   Constitutional Authority Statement

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

                    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 a decrease in tax expenditures. The Congressional 
Budget Office estimates that implementing H.R. 5104 would cost 
$1 million in 2005 and $47 million over the 2005-2009 period. 
The bill could increase revenues and subsequent direct spending 
of those revenues but the Congressional Budget Office expects 
that any increase in direct spending and revenues would be 
negligible.
    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 amend the Marine Mammal Protection 
Act of 1972 to authorize appropriations for the John H. 
Prescott Marine Mammal Rescue Assistance Grant Program, and for 
other purposes.
    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, October 15, 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. 5104, the Prescott 
Marine Mammal Stranding Program Amendments of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Robert A. Sunshine
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 5104--Prescott Marine Mammal Stranding Program Amendments of 2004

    Summary: H.R. 5104 would authorize appropriations for 
programs to protect and conserve marine mammals. CBO estimates 
that implementing the bill would cost $1 million in 2005 and 
$47 million over the 2005-2009 period, assuming appropriation 
of the authorized amounts. We also estimate that H.R. 5104 
would increase both direct spending and revenues by less than 
$500,000 a year.
    H.R. 5104 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. Alaska Native organizations, universities, and 
other public entities that participate in grant programs or 
cooperative agreements would incur costs voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5104 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--
                                                                    --------------------------------------------
                                                                       2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONS

Authorization Level................................................       16       16       16       16       16
Estimated Outlays..................................................        1        5       11       14       16
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 5104 would authorize the 
appropriation of $16 million a year over the 2005-2009 period 
for programs to protect and conserve marine mammals. The amount 
authorized for each year includes $6 million to support efforts 
by Alaska Native organizations to manage marine mammals for 
subsistence, $5 million for grants to organizations that rescue 
marine mammals, $3 million for research on pinnipeds and marine 
mammals, $1.5 million for efforts to design fishing equipment 
that minimizes adverse impacts on marine mammals, and $125,000 
for grants to respond to stranded animals. Based on historical 
spending patterns for similar programs, CBO estimates that 
fully funding those activities would cost $1 million in 2005 
and $47 million over the 2005-2009 period.
    In addition, H.R. 5104 could increase revenues and 
subsequent direct spending of those revenues. The bill would 
increase fines for certain violations of federal law related to 
the protection of marine mammals. Under current law, the 
Secretary of the Interior can spend such fines, without further 
appropriation, for programs to protect and conserve those 
mammals. Based on information from the Department of the 
Interior, CBO expects that a relatively small number of cases 
would be affected and that any increases in revenues and direct 
spending from this provision would be negligible.
    Intergovernmental and private-sector impact: H.R. 5104 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local or 
tribal governments. Alaska Native organizations, universities, 
and other public entities that participate in grant programs or 
cooperative agreements would incur costs voluntarily.
    Estimate prepared by: Federal Costs: Megan Carroll (226-
2860); Impact on State, Local, and Tribal Governments: (225-
3220); and Impact on the Private Sector: Amina Masood (226-
2949).
    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




           *       *       *       *       *       *       *
                              DEFINITIONS

  Sec. 3. For the purposes of this Act--
          (1) The term ``depletion'' or ``depleted'' means any 
        case in which--
                  (A) the Secretary, after consultation with 
                the Marine Mammal Commission and the Committee 
                of Scientific Advisors on Marine Mammals 
                established under title II [of this Act,] and, 
                for any stock subject to a cooperative 
                management agreement with a harvest management 
                plan entered into under section 119, those 
                Alaska Native organizations that are 
                signatories to such an agreement, determines 
                that a species or population stock is below its 
                optimum sustainable population;

           *       *       *       *       *       *       *


         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) * * *

           *       *       *       *       *       *       *

          (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;
                  (II) a recovery plan has been developed or is 
                being developed for such species or stock 
                pursuant to the Endangered Species Act of 1973; 
                and
                  (III) where required under section 118, a 
                monitoring program is established under 
                subsection (d) of such section, vessels engaged 
                in such fisheries are registered in accordance 
                with such section, and a take reduction plan 
                has been developed or is being developed for 
                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 by, a 
                person that is not a citizen of the United 
                States for noncommercial purposes;
                  (iii) is legally possessed and exported as 
                part of a cultural exchange, by an Indian, 
                Aleut, or Eskimo residing in Alaska; or
                  (iv) is owned by a Native inhabitant of 
                Russia, Canada, or Greenland and is exported 
                for noncommercial purposes--
                          (I) in conjunction with, and upon the 
                        completion of, travel within the United 
                        States; or
                          (II) as part of a cultural exchange 
                        with an Indian, Aleut, or Eskimo 
                        residing in Alaska.
          [(B)] (C) For the purposes of this paragraph, the 
        term--
                  (i) * * *

           *       *       *       *       *       *       *

  (b) Except as provided in [section 109] sections 109 and 
119(c) and (d), the provisions of this Act shall not apply with 
respect to the taking of any marine mammal by any Indian, 
Aleut, or Eskimo who resides in Alaska and who dwells on the 
coast of the North Pacific Ocean or the Arctic Ocean if such 
taking--
          (1) * * *

           *       *       *       *       *       *       *


                              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), except that this paragraph shall not apply to 
        the temporary release of any marine mammal that is--
                  (A) maintained in captivity under section 
                7524 of title 10, United States Code (including 
                any progeny of a marine mammal maintained under 
                that section); or
                  (B) the progeny of a marine mammal excluded 
                from coverage under this Act by section 102(e).

           *       *       *       *       *       *       *


                REGULATIONS ON TAKING OF MARINE MAMMALS

  Sec. 103. (a) * * *

           *       *       *       *       *       *       *

  (f) Within six months after the effective date of this Act 
and every twelve months thereafter and notwithstanding Public 
Law 104-66,, the Secretary shall report to the public through 
publication in the Federal Register and to the Congress on the 
current status of all marine mammal species and population 
stocks subject to the provisions of this Act. His report shall 
describe those actions taken and those measures believed 
necessary, including where appropriate, the issuance of permits 
pursuant to this title to assure the well-being of such marine 
mammals.
  (g) The head of each Federal agency that conducts and 
provides funds for research on marine mammals shall report 
annually to the Committee on Resources of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on funding provided and research 
conducted regarding marine mammals during the preceding year.

                                PERMITS

  Sec. 104. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *

           *       *       *       *       *       *       *

          (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 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.]
          (9)(A) No marine mammal may be exported--
                  (i) for the purpose of public display, unless 
                the Secretary of Agriculture evaluates and 
                verifies, and thereafter notifies the 
                Secretary, that the receiving facility meets 
                standards that are comparable to the 
                requirements that a person must meet to receive 
                a permit under this subsection for that 
                purpose; or
                  (ii) for the purpose of scientific research 
                or enhancing the survival or recovery of a 
                species or stock, unless the receiving facility 
                meets standards that are comparable to the 
                requirements that a person must meet to receive 
                a permit under this subsection for that 
                purpose.
          (B) The Secretary may not require or request, through 
        comity or any other means, that any marine mammal or 
        its progeny remain subject to the jurisdiction of the 
        United States when located in waters or on lands that 
        are subject to the jurisdiction of another country.
          (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 Secretary shall 
        update the inventory on an annual basis. The inventory 
        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.

           *       *       *       *       *       *       *


                               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.

           *       *       *       *       *       *       *


                              ENFORCEMENT

  Sec. 107. (a) Except as otherwise provided in this title, the 
Secretary shall enforce the provisions of this title. The 
Secretary may utilize, by agreement, the personnel, services, 
and facilities of any other Federal agency, or of an Alaska 
Native organization for purposes of enforcing this title 
pursuant to a harvest management plan with the organization 
under section 119 for purposes of enforcing this title.

           *       *       *       *       *       *       *


                     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.]
  (c) Authorization of Appropriations.--To carry out this 
section there is authorized to be appropriated to the Secretary 
$1,500,000 for each of fiscal years 2005 through 2009.

                 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.
  (f) Authorization of Appropriations.--To carry out this 
section there is authorized to be appropriated to the Secretary 
$1,500,000 for each of fiscal years 2005 through 2009.

           *       *       *       *       *       *       *


             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. 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) Commercial fisheries shall 
reduce incidental mortality and serious injury of marine 
mammals to insignificant levels approaching a zero mortality 
and serious injury rate [within 7 years after the date of 
enactment of this section].

           *       *       *       *       *       *       *

  (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 or 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) establish a take reduction team for such stock 
        and appoint the members of such team in accordance with 
        subparagraph (C); and
          (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, where appropriate a representative of the office 
of General Counsel of the National Oceanic and Atmospheric 
Administration, a representative of the National Marine 
Fisheries Service having responsibilities related to fisheries 
science, a representative of the National Marine Fisheries 
Service having responsibilities related to law enforcement, and 
a representative of the appropriate National Marine Fisheries 
Service Regional Administrator, and others as the Secretary 
deems appropriate. 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] 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] 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] 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] 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) shall be published in the Federal Register, 
        together with an explanation thereof;
          (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) In General.--The Secretary may enter into cooperative 
agreements with Alaska Native organizations to conserve marine 
mammals and provide co-management of subsistence use by Alaska 
Natives.
  [(b) Grants.--Agreements entered into under this section may 
include grants to Alaska Native organizations for, among other 
purposes--
          [(1) collecting and analyzing data on marine mammal 
        populations;
          [(2) monitoring the harvest of marine mammals for 
        subsistence use;
          [(3) participating in marine mammal research 
        conducted by the Federal Government, States, academic 
        institutions, and private organizations; and
          [(4) developing marine mammal co-management 
        structures with Federal and State agencies.]
  (a) In General.--The Secretary may enter into cooperative 
management agreements with Alaska Native organizations to 
conserve and manage any stock of marine mammals and provide 
comanagement of subsistence use by Alaska Natives. Such 
agreements may include a harvest management plan governing 
Alaska Native subsistence use for those stocks or species 
covered by the cooperative management agreement.
  (b) Management Plan Requirements.--A harvest management plan 
under this section with an Alaska Native organization shall--
          (1) apply only to Alaska Natives, as defined in 
        section 101(b);
          (2) identify the signatories to the plan, and the 
        stock or species and geographic area covered by the 
        plan;
          (3) be based on biological information and 
        traditional ecological knowledge;
          (4) provide for a sustainable harvest of each stock 
        or species covered by the plan, and is designed to 
        prevent populations of such stocks and species from 
        becoming depleted;
          (5) have a clearly defined process and authority for 
        enforcement and implementation of any management 
        prescriptions under the plan; and
          (6) specify the duration of the plan and set forth 
        procedures for periodic review and termination of the 
        plan.
  (c) Implementing Regulations and Ordinances.--
          (1) In general.--An Alaska Native organization may 
        adopt regulations and ordinances that apply to Alaska 
        Natives exclusively and that are consistent with, and 
        necessary to implement and enforce, a harvest 
        management plan entered into by the organization under 
        this section.
          (2) Depleted stocks.--A regulation or ordinance 
        adopted pursuant to this subsection for a depleted 
        stock shall apply only to the extent the regulation or 
        ordinance is consistent with regulations issued by the 
        Secretary under sections 101(b) and 103 that apply to 
        such stock.
  (d) Prohibition.--It is unlawful for any Alaska Native within 
the geographic area to which a harvest management plan under 
this section applies, to take, transport, sell, or possess a 
marine mammal in violation of any regulation or ordinance 
adopted by an Alaska Native organization to implement and 
enforce a harvest management plan.
  (e) Grants.--Agreements entered into under this section may 
include a grant to Alaska Native organizations for, among other 
purposes--
          (1) collecting and analyzing data on marine mammal 
        populations;
          (2) monitoring the harvest of marine mammals for 
        subsistence and handicraft uses;
          (3) participating in marine mammal research conducted 
        by the Federal Government, the State of Alaska, 
        academic institutions, and private organizations; and
          (4) developing marine mammal comanagement structures 
        with Federal and State agencies, and implementing, and 
        enforcing any harvest management plan included in the 
        agreement.
  (f) Opportunity for Advance Notice and Comment Regarding 
Proposed Regulations.--Before proposing any regulation under 
section 101(b) relating to the taking of a stock of marine 
mammals that is the subject of a harvest management plan under 
this section, the Secretary shall--
          (1) solicit recommendations for such proposed 
        regulation from each Alaska Native organization engaged 
        in harvest management of the species or stock pursuant 
        to this section; and
          (2) provide to each such organization--
                  (A) each draft of the proposed regulation;
                  (B) an analysis of how the proposed 
                regulation would achieve the goal of being the 
                least restrictive measures upon subsistence use 
                of the stock and the conservation goals of the 
                Act; and
                  (C) an opportunity to comment on the proposed 
                regulation prior to publication of any proposed 
                regulations in the Federal Register.
  (g) Public Notice.--The Secretary shall publish each harvest 
management plan entered into under this section.
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated for the purposes of carrying out this section--
          (1) to the Secretary of the Interior, $3,000,000 for 
        each of fiscal years 2005 through 2009; and
          (2) to the Secretary of Commerce, $3,000,000 for each 
        of fiscal years 2005 through 2009.
  (i) FACA Exemption.--The Federal Advisory Committee Act (5 
App. U.S.C.) shall not apply with respect to the provision of 
any advice or recommendations to the Secretary by any Alaska 
Native organization (including any scientific review group 
associated with such an organization), or the obtaining of any 
advice or recommendations by the Secretary from such an 
organization, for the purpose of formulation or implementation 
of a cooperative management agreement under this section.
  [(c)] (j) Effect of Jurisdiction.--Nothing in this section is 
intended or shall be construed--
          (1) * * *

           *       *       *       *       *       *       *

  [(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.
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.
  (l) Qualified Nonlethal Control Projects.--
          (1) In general.--The Secretary may, to the extent 
        amounts are available to carry out this subsection, 
        provide a grant to any eligible applicant to carry out 
        a qualified nonlethal control project in accordance 
        with this subsection.
          (2) Applications.--The Secretary shall--
                  (A) publish guidelines for and solicit 
                applications for grants under this subsection 
                not later than 6 months after the date of 
                enactment of this subsection; and
                  (B) receive, review, evaluate, and approve 
                applications for grants under this subsection.
          (3) Eligible applicant.--To be an eligible applicant 
        for purposes of paragraph (1), an applicant must--
                  (A) be a State, local government, or 
                interstate or regional agency; and
                  (B) have adequate personnel, funding, and 
                authority to carry out and monitor or maintain 
                a nonlethal control of nuisance pinnipeds 
                project.
          (4) Qualified control project.--To be a qualified 
        control project under this subsection, a project must--
                  (A) by humane and nonlethal means, remove, 
                deter, and control nuisance pinnipeds in areas 
                where they are a recurrent and persistent 
                threat to public health and safety; and
                  (B) encourage public notice, education, and 
                outreach on project activities in the affected 
                community.
          (5) Grant duration.--Each grant under this subsection 
        shall be to provide funding for the Federal share of 
        the cost of a project carried out with the grant for up 
        to 2 fiscal years.
          (6) Reporting by grantee.--
                  (A) In general.--A grantee carrying out a 
                control project with a grant under this 
                subsection shall report to the Secretary at the 
                expiration of the grant.
                  (B) Report contents.--Each report under this 
                subsection shall include specific information 
                on the methods and techniques used to control 
                nuisance pinniped species in the project area, 
                and on the ensuing results.
          (7) Cost sharing.--
                  (A) Federal share.--Except as provided in 
                paragraphs (2) and (3), the Federal share of 
                the cost of a project carried out with a grant 
                under this subsection shall not exceed 75 
                percent of such cost.
                  (B) Application of in-kind contributions.--
                The Secretary may apply to the non-Federal 
                share of costs of a control project carried out 
                with a grant under this subsection the fair 
                market value of services or any other form of 
                in-kind contribution to the project made by 
                non-Federal interests that the Secretary 
                determines to be an appropriate contribution 
                equivalent to the monetary amount required for 
                the non-Federal share of the activity.
                  (C) Derivation of non-federal share.--The 
                non-Federal share of the cost of a control 
                project carried out with a grant under this 
                subsection may not be derived from a Federal 
                grant program or other Federal funds.
          (8) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary 
        $1,500,000 for each of fiscal years 2005 through 2009.
          (9) Clarification.--Nothing in this subsection shall 
        be interpreted as suspending or waiving any requirement 
        under any other provision of this Act.

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.].

           *       *       *       *       *       *       *


         TITLE IV--MARINE MAMMAL HEALTH AND STRANDING RESPONSE

          * * * * * * *

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

  (a) In General.--(1) Subject to the availability of 
appropriations, the Secretary shall conduct a grant program to 
be known as the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, to provide grants to eligible 
stranding network participants for the recovery or treatment of 
marine mammals, the collection of data from living or dead 
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 purposes set forth in 
this paragraph, except as provided in subsection (f).
          * * * * * * *
  [(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 may expend not more than 6 percent or $80,000, 
whichever is greater, to pay the administrative costs and 
administrative expenses to implement the grant program under 
subsection (a). Any such funds retained by the Secretary for a 
fiscal year for such costs and expenses that are not used for 
such costs and expenses before the end of the fiscal year shall 
be provided as grants under subsection (a).

           *       *       *       *       *       *       *

  (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] 2005 through 2009, to 
remain available until expended, of which--
          (1) * * *

           *       *       *       *       *       *       *

  (i) Contributions.--For purposes of carrying out this 
section, the Secretary may solicit, accept, receive, hold, 
administer, and use gifts, devises, and bequests.

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 2005 through 2009.

           *       *       *       *       *       *       *

                              ----------                              


              DOLPHIN PROTECTION CONSUMER INFORMATION ACT

                           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;

           *       *       *       *       *       *       *


                                  
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