[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;
* * * * * * *