[House Report 109-180]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-180

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



 
            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 2005

                                _______
                                

 July 21, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2130]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2130) to amend the Marine Mammal Protection Act of 1972 
to authorize research programs to better understand and protect 
marine mammals, 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. 2130 is to amend the Marine Mammal 
Protection Act of 1972 to authorize research programs to better 
understand and protect marine mammals, 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 
MMPA, 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 walruses, while Commerce has jurisdiction over all other 
marine mammals.
    The MMPA has been amended numerous times since 1972; the 
last comprehensive reauthorization occurred in 1994. The 
authorization of appropriations for the MMPA expired in 1999. 
The Committee on Resources has held four oversight hearings and 
three legislative hearings with 72 witnesses over the last 
three Congresses.
    In the 108th Congress, the Resources Committee passed three 
different bills which amended the MMPA. H.R. 1835 amended the 
MMPA definition of harassment and the incidental take 
authorization for military activities. This bill was enacted as 
part of Public Law 108-136. H.R. 2693 was a comprehensive 
reauthorization of the MMPA which included: broader changes to 
the definition of harassment and incidental take authorization; 
modifications to the take reduction plans; public display 
permit clarifications; authorizations for research and certain 
exports; and authorizations of appropriations for the 
Departments of Commerce and the Interior. H.R. 5104 contained 
certain provisions from H.R. 2693 including: the take reduction 
plan changes; public display and export permit clarifications; 
captive release prohibitions; and changes to the Prescott grant 
program. Both H.R. 2693 and H.R. 5104 passed out of the 
Resources Committee by voice vote; however, no further action 
was taken.
    H.R. 2130 is similar to H.R. 5104, with these additions: it 
clarifies the notification process for marine mammal transfers 
where there is no change in ownership; it includes an emergency 
assistance process in the Prescott Marine Mammal Stranding 
Grant Program; and increases the funding for the Prescott 
program.

                            Committee Action

    H.R. 2130 was introduced on May 5, 2005, by Congressman 
Wayne Gilchrest (R-MD). The bill was referred to the Committee 
on Resources. On May 18, 2005, the Full Resources Committee met 
to consider H.R. 2103. There were no amendments offered, and 
the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    This section cites the bill as the ``Marine Mammal 
Protection Act Amendments of 2005.''

Section 2. Amendment references

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

Section 3. Technical corrections

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

Section 4. Limited authority to export marine mammal products

    This section clarifies that any U.S. citizen who legally 
possesses a marine mammal product may export it in conjunction 
with travel outside the U.S. These exports shall be for 
noncommercial 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 MMPA section 101(a)(6)(A)(I) is amended 
to state that imports must be for noncommercial purposes.

Section 5. Captive release prohibition

    This section amends section 102 of the MMPA to prohibit the 
release of captive marine mammals without prior approval from 
the Secretary. Temporary releases by the Navy are not subject 
to this prohibition.

Section 6. Annual report requirement

    This section reinstates the annual reporting requirement on 
the status of marine mammal stocks to Congress by the 
Secretaries of Commerce and the Interior. It also requires any 
federal agency funding or conducting research on marine mammals 
to report to the Committee on Resources and Senate Commerce 
Committee.

Section 7. Permit clarifications

    This section amends MMPA section 104(c)(7) to strengthen 
existing language which requires the Secretary to issue a 
public display permit to a facility holding a stranded animal 
that has been determined under the guidelines developed under 
MMPA section 402(a) to not meet the standards for release. The 
Committee does not intend that permits be given to those marine 
mammals that can be legitimately rehabilitated for release in 
the wild; however, the Committee is very concerned that the 
Secretary has not been issuing public display permits to 
facilities caring for stranded animals that are not viable 
release candidates. The Committee's intent is that facilities 
shall receive public display permits for animals that do not 
meet the release requirements. The Committee does not intend 
for the issuance of these permits to diminish research 
activities involving these animals and encourages the 
facilities to continue to work with the Secretaries to allow 
important research activities to continue on these animals.
    The Committee commends the public display community for its 
role in the conservation and management of marine mammals. 
Activities sponsored by public display facilities--research, 
educational programs and presentations, animal husbandry, 
breeding, and rescue and rehabilitation--are important aspects 
to the conservation of marine mammals. The rescue and 
rehabilitation programs run by these facilities are critical to 
the survival of stranded animals and for many years 
participating institutions ran these programs using their own 
funds. In addition, these facilities play an invaluable role 
for the general public. These public display facilities arethe 
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 goodwill toward marine mammals and develops their 
support for conservation and management measures for these and many 
other marine species. By allowing facilities to display unreleasable 
stranded marine mammals, educational programs can be developed to 
further the public's awareness of potential threats to marine mammals.
    This section also 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. This section further clarifies 
that no marine mammal may be exported for the purpose of public 
display 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 
Secretaries of Commerce and the Interior will continue to make 
the export determination for marine mammals exported for 
scientific research, or enhancing the survival or recovery of a 
species or stock.
    This section also clarifies that 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.
    This section modifies the inventory provision of the MMPA 
(subsection (c)(10)) 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 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.
    This section also clarifies that the 15-day waiting period 
will not apply if a marine mammal is transferred between 
facilities under the same Department of Agriculture permit 
where the ownership of the animal does not change. However, a 
notice of the transfer must be sent to the appropriate 
Secretary after the animal has been relocated.

Section 8. Fines and penalties

    This section increases the fines in MMPA section 105 of the 
MMPA 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 9. Marine mammal research grants

    Section 110 of the MMPA is amended by this section to 
delete expired provisions and authorize the 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 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 2006-2010 is also 
included.

Section 10. Fisheries gear development

    This section amends section 111 of the MMPA to authorize 
the Secretary to carry out a program of research and 
development for the purpose of devising improved fishing 
methods and gear to reduce, to the maximum extent practicable, 
the incidental taking of marine mammals in connection with 
fishing operations. It authorizes a mini-grant program, subject 
to the availability of appropriations, and allows the Secretary 
to receive donations to carry out the grant program. An 
authorization of appropriation is included for $1.5 million for 
each of the fiscal years 2006-2010.

Section 11. Tropical treaty conforming amendment

    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. Take reduction plans

    This section amends section 118 of the MMPA 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. The National Marine Fisheries Service 
(NMFS) of the Department of Commerce 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 agency and the public is kept 
to a minimum. However, the Committee strongly supports the 
inclusion of those recreational fisheries using commercial-type 
fishing gear, if they are contributing to the mortality or 
serious injury to marine mammals in a category I or II fishery. 
These recreational fishermen should be subject to the same 
regulatory requirements as commercial fishermen when using the 
same gear and having the same effect on marine mammals.
    The timelines in this section of the MMPA 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, where appropriate, should include a 
representative from each of the following NOAA offices--the 
National Oceanic and Atmospheric Administration (NOAA) General 
Counsel office, the appropriate regional Administrator's 
office, NMFS fisheries, and NMFS law enforcement at take 
reduction team (TRT) meetings.
    This section also requires the Secretary to reconvene a TRT 
and explain any differences the Secretary makes between the 
draft plan, which was written by the TRT, and the published 
plan. A TRT should not be reconvened for minor changes to a 
plan, which might includetechnical 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 undertaken by the Secretary.
    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 a specific 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 section 118(a)(1) and (b)(1) of the 
MMPA 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 will not effect 
how NMFS is implementing the zero mortality rate goal under 
MMPA section 118, 16 U.S.C. 1387. The removal of the expired 
date will not require immediate development of a take reduction 
plan or an immediate reduction to levels approaching zero. 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 by parties arguing 
that the zero mortality rate goal must be achieved by a date 
certain and frees the agency to prioritize and implement the 
requirements of this section.
    This section also clarifies that section 118(c)(3)(E), 
which applies to category III fisheries, is a requirement for 
commercial vessels only. Owners of a vessel are not subject to 
penalties of the MMPA if they report any incidental mortality 
or injury of marine mammals in the course of the fishery.
    A conforming amendment to section 101(a)(5)(E) of the MMPA 
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 TRTs 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 13. Pinniped research

    Section 120 of the MMPA is amended to require the 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 
Committee on Resources and the Senate Committee on Commerce, 
Science and Transportation on research conducted under this 
section.
    This section also authorizes ``Qualified Nonlethal Control 
Projects.'' The 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 for each of fiscal years 2006-2010.

Section 14. Marine mammal commission

    This section deletes the $100 per diem rate cap which is 
currently in the MMPA. It also clarifies the staffing 
authorization for the Commission. Finally, it removes the 
requirement that the Commission use the General Services 
Administration for its financial and administrative services.

Section 15. Stranding and entanglement response

    This section authorizes the Secretary of Commerce to enter 
into agreements with qualified facilities to assist in removing 
line, gear, rope, net or other material from marine mammals 
while at sea.
    This section prohibits the Secretary from retaining funds 
beyond those needed for administrating the stranding and 
entanglement response program. The cap on administrative costs 
is reduced from 6 percent to 5 percent. The MMPA is also 
amended to allow the Secretary to accept gifts, devises and 
bequests to run the program. In addition, funding for the 
Prescott Marine Mammal Stranding Grant program is increased by 
$2 million for a total of $7 million for each of fiscal years 
2006-2010. Finally, this section authorizes funding for the 
Unusual Mortality Event Fund.
    This section also authorizes the Secretary to enter into 
cooperative agreements, contracts or other agreements to 
address stranding events that need emergency assistance. 
Emergency assistance is defined as stranding events that: are 
not an unusual mortality event; lead to an immediate increase 
in costs; may be cyclical or endemic; and may involve out-of-
habitat animals. It also clarifies that funding for emergency 
assistance is not subject to the funding limit of $100,000 and 
the matching requirement does not apply.

Section 16. Scrimshaw exemption

    This section continues the authorization for permits for 
those individuals that obtained ivory prior to the enactment of 
the Endangered Species Act to continue to possess, carve, and 
sell the ivory for the length of the authorization contained in 
this bill.

            Committee Oversight Findings and Recommendations

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

                  Federal Advisory Committee Statement

    The bill reauthorizes the functions of an existing advisory 
committee.

                   Constitutional Authority Statement

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

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill would increase direct spending and revenues by less than 
$500,000 a year.
    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 research programs to better understand 
and protect marine mammals.
    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:

H.R. 2130--Marine Mammal Protection Act Amendment of 2005

    Summary: H.R. 2130 would authorize appropriations for 
programs to protect and conserve marine mammals. CBO estimates 
that implementing the bill would cost $1 million in 2006 and 
$35 million over the 2006-2010 period, assuming appropriation 
of the authorized amounts. We also estimate that H.R. 2130 
would increase both direct spending and revenues by less than 
$500,000 a year.
    H.R. 2130 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2130 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
                                                ----------------------------------------------------------------
                                                     2006         2007         2008         2009         2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level............................           12           12           12           12           12
Estimated Outlays..............................            1            4            8           10           12
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 2130 would authorize the 
appropriation of almost $12 million a year over the 2006-2010 
period for programs to protect and conserve marine mammals. The 
amount authorized for each year includes $7 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 2006 and $35 million over 
the 2006-2010 period.
    In addition, H.R. 2130 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. 2130 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

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

                  MARINE MAMMAL PROTECTION ACT OF 1972


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

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

                            TABLE OF CONTENTS

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

          Title IV--Marine Mammal Health and Stranding Response

Sec. 401. Establishment of program.
Sec. 402. Determination; data collection and dissemination.
[Sec. 403. Stranding response agreements.]
Sec. 403. Stranding or entanglement response agreements.

          * * * * * * *

         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;
          * * * * * * *
          (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) * * *

           *       *       *       *       *       *       *


                              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) * * *
          (2)(A) * * *

           *       *       *       *       *       *       *

          (E) No marine mammal held pursuant to a permit issued 
        under subparagraph (A), or by a person exercising 
        rights under subparagraph (C), may be sold, purchased, 
        exported, or transported unless the Secretary is 
        notified of such action no later than 15 days before 
        such action, and such action is for purposes of public 
        display, scientific research, or enhancing the survival 
        or recovery of a species or stock, except that if the 
        transport is for purposes of public display and the 
        transfer is between facilities where the ownership and 
        care of the marine mammal will be under the same 
        license or registration issued under the Animal Welfare 
        Act (7 U.S.C. 2131 et seq.) then only a notice of 
        transport is required. The Secretary may only require 
        the notification to include the information required 
        for the inventory established under paragraph (10).

           *       *       *       *       *       *       *

          (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) * * *

           *       *       *       *       *       *       *

          (8)(A) * * *
          (B)(i) A person which has a permit under paragraph 
        (2), or a person exercising rights under paragraph 
        (2)(C), which has possession of a marine mammal that 
        gives birth to progeny shall--
                  (I) notify the Secretary of the birth of such 
                progeny within 30 days after the date of birth; 
                and
                  (II) notify the Secretary of the sale, 
                purchase, or transport of such progeny no later 
                than 15 days before such action, except that if 
                the transport is for purposes of public display 
                and the transfer is between facilities where 
                the ownership and care of the marine mammal 
                will be under the same license or registration 
                issued under the Animal Welfare Act (7 U.S.C. 
                2131 et seq.) then only a notice of transport 
                is required.

           *       *       *       *       *       *       *

          [(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.

           *       *       *       *       *       *       *


                     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 2006 through 2010.

                 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 2006 through 2010.

           *       *       *       *       *       *       *


             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.
  (6) Sections 103 and 104 shall not apply to the incidental 
taking of marine mammals under the authority of this section.
  (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].
  (2) Fisheries which maintain insignificant serious injury and 
mortality levels approaching a zero rate shall not be required 
to further reduce their mortality and serious injury rates.
  (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.
  (4) If the Secretary determines after review under paragraph 
(3) that the rate of incidental mortality and serious injury of 
marine mammals in a commercial fishery is not consistent with 
paragraph (1), then the Secretary shall take appropriate action 
under subsection (f).
  [(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 2005--
          (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 months] 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 months] 9 months after the 
        date of establishment of a take reduction team for the 
        stock, the team shall submit a draft take reduction 
        plan for such stock to the Secretary, consistent with 
        the other provisions of this section.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

  (a) * * *

           *       *       *       *       *       *       *

  (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 2006 through 2010.
          (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. 402. DETERMINATION; DATA COLLECTION AND DISSEMINATION.

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

[SEC. 403. STRANDING RESPONSE AGREEMENTS.]

SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

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

           *       *       *       *       *       *       *


SEC. 406. LIABILITY.

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

           *       *       *       *       *       *       *


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

  (a) In General.--(1) Subject to the availability of 
appropriations, the Secretary shall conduct a grant program to 
be known as the John H. Prescott Marine Mammal Rescue 
Assistance Grant Program, to provide grants to eligible 
stranding network participants for the recovery or treatment of 
marine mammals, the collection of data from living or dead 
stranded marine mammals for scientific research regarding 
marine mammal health, and facility operation costs that are 
directly related to those purposes. All funds available to 
implement this section shall be distributed to eligible 
stranding network participants for the purposes set forth in 
this paragraph and paragraph (2), except as provided in 
subsection (f).
  (2) Subject to the availability of appropriations, the 
Secretary may also enter into cooperative agreements, 
contracts, or such other agreements or arrangements as the 
Secretary considers appropriate to address stranding events 
requiring emergency assistance.
  [(2)] (3)(A) The Secretary shall ensure that, to the greatest 
extent practicable, funds provided as grants under this 
subsection are distributed equitably among the stranding 
regions designated as of the date of the enactment of the 
Marine Mammal Rescue Assistance Act of 2000, and in making such 
grants shall give preference to those facilities that have 
established records for rescuing or rehabilitating sick and 
stranded marine mammals in each of the respective regions, or 
subregions.
  (B) In determining priorities among such regions, the 
Secretary may consider--
          (i) any episodic stranding or any mortality event 
        other than an event described in section [410(6)]  
        410(7), that occurred in any region in the preceding 
        year;

           *       *       *       *       *       *       *

  (d) Limitation.--(1) The amount of a grant under this section 
shall not exceed $100,000.
  (2) Funding for emergency stranding projects shall not be 
subject to the funding limit established in paragraph (1).
  (e) Matching Requirement.--
          (1) In general.--[The non-Federal] Except as provided 
        in paragraph (2), the non-Federal share of the costs of 
        an activity conducted with a grant under this section 
        shall be 25 percent of such costs.
          (2) Emergency assistance.--No non-Federal 
        contribution shall be required for funding for a 
        response to an emergency stranding event.
          [(2)] (3) In-kind contributions.--The Secretary may 
        apply to the non-Federal share of an activity conducted 
        with a grant under this section the amount of funds, 
        and the fair market value of property and services, 
        provided by non-Federal sources and used for the 
        activity.
  [(f ) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this section, the Secretary may expend 
not more than 6 percent 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 5 percent or $80,000, 
whichever is greater, to pay the administrative costs and 
administrative expenses to implement the grant program under 
subsection (a). Any such funds retained by the Secretary for a 
fiscal year for 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).
  (g) Definitions.--In this section:
          (1) * * *
          (2) Emergency assistance.--The term ``emergency 
        assistance'' means assistance provided for a stranding 
        event that--
                  (A) is not an unusual mortality event as 
                defined in section 409(6);
                  (B) leads to an immediate increase in 
                required costs for stranding response, 
                recovery, or rehabilitation in excess of 
                regularly scheduled costs;
                  (C) may be cyclical or endemic; and
                  (D) may involve out-of-habitat animals.
          [(2)] (3) Secretary.--The term ``Secretary'' has the 
        meaning given that term in section 3(12)(A).
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section [$5,000,000 for each 
of fiscal years 2001 through 2003] $7,000,000 for each of 
fiscal years 2006 through 2010, to remain available until 
expended, of which--
          (1) [$4,000,000] $6,000,000 may be available to the 
        Secretary of Commerce; and

           *       *       *       *       *       *       *

  (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 2006 through 2010.

SEC. 410. DEFINITIONS.

  In this title, the following definitions apply:
          (1) The term ``entanglement'' means an event in the 
        wild in which a living or dead marine mammal has gear, 
        rope, line, net, or other material wrapped around or 
        attached to it and is--
                  (A) on a beach or shore of the United States; 
                or
                  (B) in waters under the jurisdiction of the 
                United States.
          [(1)] (2) The term ``Fund'' means the Marine Mammal 
        Unusual Mortality Event Fund established by section 
        405(a).
          [(2)] (3) The term ``Office'' means the Office of 
        Protected Resources, in the National Marine Fisheries 
        Service.
          [(3)] (4) The term ``stranding'' means an event in 
        the wild in which--
                  (A) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                              ----------                              


              DOLPHIN PROTECTION CONSUMER INFORMATION ACT

                           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;

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    H.R. 2130 is the product of lengthy negotiations with the 
Majority. Ideally, we would draft a very different bill, but 
this effort is intended to avoid major controversies.
    Some marine mammals in U.S. waters have rebounded since the 
passage of the original Marine Mammal Protection Act in 1972 
and the international moratorium on commercial whaling in 1986. 
However, the status of many others remains poorly understood 
and some struggle on the brink of extinction.
    H.R. 2130 modestly improves the Marine Mammal Protection 
Act. However, as Ranking Minority member Rahall noted at the 
markup, the bill fails to meaningfully address bycatch and 
harassment issues, particularly the exemptions for Department 
of Defense enacted over our objections in the prior Congress. 
During committee consideration of this measure, we received 
assurances from subcommittee Chairman Gilchrest that this is 
the beginning of a process and we look forward to working with 
the majority to address those concerns in subsequent 
legislation.

                                                Nick J. Rahall, II.
                                                 Frank Pallone, Jr.

                                  
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