[106th Congress Public Law 555]
[From the U.S. Government Printing Office]


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[DOCID: f:publ555.106]


[[Page 114 STAT. 2765]]

Public Law 106-555
106th Congress

                                 An Act


 
    To reauthorize the Striped Bass Conservation Act, and for other 
            purposes. <<NOTE: Dec. 21, 2000 -  [H.R. 2903]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Striped Bass 
Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal 
Rescue Assistance Act of 2000.>> 

SECTION 1. SHORT <<NOTE: 16 USC 1361 note.>> TITLE.

    This Act may be cited as the ``Striped Bass Conservation, Atlantic 
Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 
2000''.

                   TITLE I--ATLANTIC COASTAL FISHERIES

               Subtitle A--Atlantic Striped Bass Conservation

SEC. 101. REAUTHORIZATION OF ATLANTIC <<NOTE: 16 USC 5156.>> STRIPED 
            BASS CONSERVATION ACT.

    Section 7(a) of the Atlantic Striped Bass Conservation Act (16 
U.S.C. 1851 note) is amended to read as follows:
    ``(a) Authorization.--For each of fiscal years 2001, 2002, and 2003, 
there are authorized to be appropriated to carry out this Act--
            ``(1) $1,000,000 to the Secretary of Commerce; and
            ``(2) $250,000 to the Secretary of the Interior.''.

SEC. 102. POPULATION STUDY OF STRIPED BASS.

    (a) Study.--The Secretaries (as that term is defined in the Atlantic 
Striped Bass Conservation Act), in consultation with the Atlantic States 
Marine Fisheries Commission, shall conduct a study to determine if the 
distribution of year classes in the Atlantic striped bass population is 
appropriate for maintaining adequate recruitment and sustainable fishing 
opportunities. In conducting the study, the Secretaries shall consider--
            (1) long-term stock assessment data and other fishery-
        dependent and independent data for Atlantic striped bass; and
            (2) the results of peer-reviewed research funded under the 
        Atlantic Striped Bass Conservation Act.

    (b)  <<NOTE: Deadline.>> Report.--Not later than 180 days after the 
date of the enactment of this Act, the Secretaries, in consultation with 
the Atlantic States Marine Fisheries Commission, shall submit to the 
Committee on Resources of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate

[[Page 114 STAT. 2766]]

the results of the study and a long-term plan to ensure a balanced and 
healthy population structure of Atlantic striped bass, including older 
fish. The report shall include information regarding--
            (1) the structure of the Atlantic striped bass population 
        required to maintain adequate recruitment and sustainable 
        fishing opportunities; and
            (2) recommendations for measures necessary to achieve and 
        maintain the population structure described in paragraph (1).

    (c) Authorization.--There are authorized to be appropriated to the 
Secretary of Commerce $250,000 to carry out this section.

Subtitle B <<NOTE: Atlantic Coastal Fisheries Act of 2000.>> --Atlantic 
Coastal Fisheries Cooperative Management

SEC. 121. SHORT <<NOTE: 16 USC 5101 note.>> TITLE.

    This subtitle may be cited as the ``Atlantic Coastal Fisheries Act 
of 2000''.

SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE 
            MANAGEMENT ACT.

    (a) Authorization of Appropriations.--Section 811 of the Atlantic 
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is amended 
to read as follows:

``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--To carry out this title, there are authorized to 
be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
    ``(b) Cooperative Statistics Program.--Amounts authorized under 
subsection (a) may be used by the Secretary to support the Commission's 
cooperative statistics program.''.
    (b) Technical Corrections.--
            (1) In general.--Such Act is amended--
                    (A) in section 802(3) (16 U.S.C. 5101(3)) by 
                striking ``such resources in'' and inserting ``such 
                resources is''; and
                    (B) by striking section 812 and the second section 
                811.
            (2) Amendments to repeal not affected.--The amendments made 
        by paragraph (1)(B) shall not affect any amendment or repeal 
        made by the sections struck by that paragraph.
            (3) Short title refere <<NOTE: 16 USC 5102, 5103, 5106, 
        5107a, 5107b.>> nces.--Such Act is further amended by striking 
        ``Magnuson Fishery'' each place it appears and inserting 
        ``Magnuson-Stevens Fishery''.

    (c) Reports. <<NOTE: 16 USC 5107 note.>> --
            (1) Annual report to the secretary.--The Secretary shall 
        require, as a condition of providing financial assistance under 
        this subtitle, that the Commission and each State receiving such 
        assistance submit to the Secretary an annual report that 
        provides a detailed accounting of the use of the assistance.
            (2) Biennial reports to the congress.--The Secretary shall 
        submit biennial reports to the Committee on Resources of the 
        House of Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate on the use of Federal 
        assistance provided to the Commission and the

[[Page 114 STAT. 2767]]

        States under this subtitle. Each biennial report shall evaluate 
        the success of such assistance in implementing this subtitle.

TITLE <<NOTE: Marine Mammal Rescue Assistance Act of 2000.>> II--JOHN H. 
PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM

SEC. 201. SHORT <<NOTE: 16 USC 1361 note.>> TITLE.

    This title may be cited as the ``Marine Mammal Rescue Assistance Act 
of 2000''.

SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT 
            PROGRAM.

    (a) In General.--Title IV of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371 et seq.) is amended--
            (1) by redesignating sections 408 <<NOTE: 16 USC 1421g, 
        1421h.>> and 409 as sections 409 and 410, respectively; and
            (2) by inserting after section 407 the following:

``SEC. 408. JOHN H. PRE <<NOTE: 16 USC 4121f-1.>> SCOTT 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.
    ``(2)(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), that occurred in any 
        region in the preceding year;
            ``(ii) data regarding average annual strandings and 
        mortality events per region; and
            ``(iii) the size of the marine mammal populations inhabiting 
        a geographic area within such a region.

    ``(b) Application.--To receive a grant under this section, a 
stranding network participant shall submit an application in such form 
and manner as the Secretary may prescribe.
    ``(c) Consultation.--The Secretary shall consult with the Marine 
Mammal Commission, a representative from each of the designated 
stranding regions, and other individuals who represent public and 
private organizations that are actively involved in rescue, 
rehabilitation, release, scientific research, marine conservation, and 
forensic science regarding stranded marine mammals, regarding

[[Page 114 STAT. 2768]]

the development of criteria for the implementation of the grant program 
and the awarding of grants under the program.
    ``(d) Limitation.--The amount of a grant under this section shall 
not exceed $100,000.
    ``(e) Matching Requirement.--
            ``(1) In general.--The non-Federal share of the costs of an 
        activity conducted with a grant under this section shall be 25 
        percent of such costs.
            ``(2) In-kind contributions.--The Secretary may apply to the 
        non-Federal share of an activity conducted with a grant under 
        this section the amount of funds, and the fair market value of 
        property and services, provided by non-Federal sources and used 
        for the activity.

    ``(f ) Administrative Expenses.--Of amounts available each fiscal 
year to carry out this section, the Secretary may expend not more than 6 
percent or $80,000, whichever is greater, to pay the administrative 
expenses necessary to carry out this section.
    ``(g) Definitions.--In this section:
            ``(1) Designated stranding region.--The term `designated 
        stranding region' means a geographic region designated by the 
        Secretary for purposes of administration of this title.
            ``(2) Secretary.--The term `Secretary' has the meaning given 
        that term in section 3(12)(A).

    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2001 through 2003, to remain available until expended, of which--
            ``(1) $4,000,000 may be available to the Secretary of 
        Commerce; and
            ``(2) $1,000,000 may be available to the Secretary of the 
        Interior.''.

    (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting 
``(other than section 408)'' after ``title IV ''.
    (c) Clerical Amendment.--The table of contents in the first section 
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended 
by striking the items relating to sections 408 and 409 and inserting the 
following:

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

SEC. 203. <<NOTE: 16 USC 917a note.>> STUDY OF THE EASTERN GRAY WHALE 
            POPULATION.

    (a)  <<NOTE: Deadline.>> Study.--Not later than 180 days after the 
date of the enactment of this Act and subject to the availability of 
appropriations, the Secretary of Commerce shall initiate a study of the 
environmental and biological factors responsible for the significant 
increase in mortality events of the eastern gray whale population and 
other potential impacts these factors may be having on the eastern gray 
whale population.

    (b) Consideration of Western Population Information.--The Secretary 
should ensure that, to the greatest extent practicable, information from 
current and future studies of the western gray whale population is 
considered in the study under this section, so as to better understand 
the dynamics of each population and to test different hypotheses that 
may lead to an increased understanding of the mechanism driving their 
respective population dynamics.

[[Page 114 STAT. 2769]]

    (c) Authorization of Appropriations.--In addition to other amounts 
authorized under this title, there are authorized to be appropriated to 
the Secretary to carry out this section--
            (1) $290,000 for fiscal year 2001; and
            (2) $500,000 for each of fiscal years 2002 through 2004.

SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA.

    (a) In General.--The Secretary of Commerce (in this section referred 
to as the ``Secretary'') may convey to the Government of American Samoa 
in accordance with this section, without consideration, all right, 
title, and interest of the United States in and to a retired National 
Oceanic and Atmospheric Administration fishery research vessel in 
operable condition, for use by American Samoa.

    (b) Limitation.--The Secretary may not convey a vessel under this 
section before the date on which a new replacement fishery research 
vessel has been delivered to the National Oceanic and Atmospheric 
Administration and put in active service.

    (c) Operation and Maintenance.--The Government of the United States 
shall not be responsible or liable for any maintenance or operation of a 
vessel conveyed under this section after the date of the delivery of the 
vessel to American Samoa.

SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL 
            MARINE SANCTUARY DESIGNATION STANDARDS.

    (a) Technical Amendment.--Section 303(a) of the National Marine 
Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the 
Secretary--'' and all that follows through the end of the sentence and 
inserting the following: ``the Secretary determines that--
            ``(1) the designation will fulfill the purposes and policies 
        of this title;
            ``(2) the area is of special national significance due to--
                    ``(A) its conservation, recreational, ecological, 
                historical, scientific, cultural, archaeological, 
                educational, or esthetic qualities;
                    ``(B) the communities of living marine resources it 
                harbors; or
                    ``(C) its resource or human-use values;
            ``(3) existing State and Federal authorities are inadequate 
        or should be supplemented to ensure coordinated and 
        comprehensive conservation and management of the area, including 
        resource protection, scientific research, and public education;
            ``(4) designation of the area as a national marine sanctuary 
        will facilitate the objectives stated in paragraph (3); and
            ``(5) the area is of a size and nature that will permit 
        comprehensive and coordinated conservation and management.''.

    (b) Conforming Amendments.--Such Act is further amended--
            (1) in section 304(a)(1)(C) ( <<NOTE: 16 USC 1434.>> as 
        amended by section 6(a) of the National Marine Sanctuaries 
        Amendments Act of 2000) by striking ``the Secretary shall''; and
            (2) in section 304(a)(2)(E) (as amended by section 6(b) of 
        the National Marine Sanctuaries Amendments Act of 2000) by 
        striking ``findings'' and inserting ``determinations''.

[[Page 114 STAT. 2770]]

    (c) Effective Date.-- <<NOTE: 16 USC 1433 note.>> This section shall 
take effect immediately after the National Marine Sanctuaries Amendments 
Act of 2000 takes effect.

SEC. 206. <<NOTE: 16 USC 1855 note.>> WESTERN PACIFIC PROJECT GRANTS.

    Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155 
note) is amended by striking the last sentence and inserting ``There are 
authorized to be appropriated to carry out this section $500,000 for 
each fiscal year.''.

    Approved December 21, 2000.

LEGISLATIVE HISTORY--H.R. 2903:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 31, considered and passed House.
            Dec. 8, considered and passed Senate.

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