Home > 106th Congressional Bills > H.R. 2903 (enr) To reauthorize the Striped Bass Conservation Act, and for other purposes. [Enrolled bill] ...H.R. 2903 (enr) To reauthorize the Striped Bass Conservation Act, and for other purposes. [Enrolled bill] ...
106th CONGRESS
2d Session
H. R. 2903
_______________________________________________________________________
AN ACT
To reauthorize the Striped Bass Conservation Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--ATLANTIC COASTAL FISHERIES
Subtitle A--Atlantic Striped Bass Conservation
SEC. 101. REAUTHORIZATION OF ATLANTIC 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) 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 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--Atlantic Coastal Fisheries Cooperative Management
SEC. 121. SHORT 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 references.--Such Act is further amended by
striking ``Magnuson Fishery'' each place it appears and
inserting ``Magnuson-Stevens Fishery''.
(c) Reports.--
(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 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 States under this
subtitle. Each biennial report shall evaluate the success of
such assistance in implementing this subtitle.
TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
PROGRAM
SEC. 201. SHORT 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 and 409 as sections 409
and 410, respectively; and
(2) by inserting after section 407 the following:
``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.
``(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 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. STUDY OF THE EASTERN GRAY WHALE POPULATION.
(a) Study.--Not later than 180 days after the date of 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.
(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, archeological,
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) (as amended by section 6(a) of
the National Marine Sanctuaries Amendments Act of 2000) by
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