Home > 106th Congressional Bills > H.R. 5105 (ih) For the relief of Regina Smith. [Introduced in House] ...H.R. 5105 (ih) For the relief of Regina Smith. [Introduced in House] ...
108th CONGRESS
2d Session
H. R. 5104
To amend the Marine Mammal Protection Act of 1972 to authorize
appropriations for the John H. Prescott Marine Mammal Rescue Assistance
Grant Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2004
Mr. Gilchrest introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Marine Mammal Protection Act of 1972 to authorize
appropriations for the John H. Prescott Marine Mammal Rescue Assistance
Grant Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescott Marine Mammal Stranding
Program Amendments of 2004''.
SEC. 2. AMENDMENT REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to such section or other provision of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS FOR JOHN H. PRESCOTT MARINE
MAMMAL RESCUE ASSISTANCE GRANT PROGRAM.
(a) Grant Program.--Section 408(h) (16 U.S.C. 1421f-1(h)) is
amended by striking ``fiscal years 2001 through 2003'' and inserting
``fiscal years 2005 through 2009''.
(b) Marine Mammal Unusual Mortality Event Fund.--Section 409(3) (16
U.S.C. 1421g(3)) is amended by striking ``$500,000 for fiscal year
1993'' and inserting ``$125,000 for each of fiscal years 2005 through
2009''.
(c) Administrative Costs and Expenses.--Section 408 (16 U.S.C.
1421f-1) is amended--
(1) by adding at the end of subsection (a)(1) the
following: ``All funds available to implement this section
shall be distributed to eligible stranding network participants
for the purposes set forth in this paragraph, except as
provided in subsection (f).''; and
(2) by amending subsection (f) to read as follows:
``(f) Administrative Costs and Expenses.--Of the amounts available
each fiscal year to carry out this section, the Secretary may expend
not more than 6 percent or $80,000, whichever is greater, to pay the
administrative costs and administrative expenses to implement the grant
program under subsection (a). Any such funds retained by the Secretary
for a fiscal year for such costs and expenses that are not used for
such costs and expenses before the end of the fiscal year shall be
provided as grants under subsection (a).''.
(d) Contributions.--Section 408 (16 U.S.C. 1421f-1) is further
amended by adding at the end the following:
``(i) Contributions.--For purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests.''.
SEC. 4. TECHNICAL CORRECTIONS.
(a) Committee References.--The Marine Mammal Protection Act of 1972
(16 U.S.C. 1361 et seq.) is amended by striking ``Committee on Merchant
Marine and Fisheries'' each place it appears and inserting ``Committee
on Resources''.
(b) Obsolete Reference to Section.--Section 118(c)(3)(A)(i) (16
U.S.C. 1387(c)(3)(A)(i)) is amended by striking ``, except that'' and
all that follows through ``is valid''.
SEC. 5. LIMITED AUTHORITY TO EXPORT MARINE MAMMAL PRODUCTS.
(a) In General.--Section 101(a)(6) (16 U.S.C. 1371(a)(6)) is
amended by redesignating subparagraph (B) as subparagraph (C), and by
inserting after subparagraph (A) the following:
``(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) Conforming Amendment.--Section 101(a)(6)(A)(i) (16 U.S.C.
1371(a)(6)(A)(i)) is amended by inserting ``for noncommercial
purposes'' after ``United States'' the first place it appears.
SEC. 6. TAKE REDUCTION PLANS.
(a) In General.--Section 118 (16 U.S.C. 1387) is amended as
follows:
(1) In subsection (a) by striking ``commercial'' each place
it appears in paragraphs (1) and (5).
(2) In subsection (c)(1) by striking so much as precedes
subparagraph (B) and inserting the following:
``(c) Registration and Authorization.--(1) The Secretary shall,
within 90 days after the date of enactment of the Marine Mammal
Protection Act Amendments of 2004--
``(A) publish in the Federal Register for public comment,
for a period of not less than 90 days, any necessary changes to
the Secretary's list of fisheries published under section
114(b)(1) in the Federal Register on August 24, 1994 (along
with an explanation of such changes and a statement describing
the marine mammal stocks interacting with, and the approximate
number of vessels or persons actively involved in, each such
fishery), with respect to--
``(i) commercial and recreational fisheries that
have frequent incidental mortality and serious injury
of marine mammals;
``(ii) commercial and recreational fisheries that
have occasional incidental mortality and serious injury
of marine mammals; or
``(iii) commercial fisheries that have a remote
likelihood of or no known incidental mortality or
serious injury of marine mammals;''.
(3) In subsection (c)(1) in subparagraphs (B) and (C) by
striking ``commercial''.
(4) In subsection (c)(2)(A) by striking ``commercial''.
(5) In subsection (c)(3)(A) in the matter preceding clause
(i) by striking ``a commercial fishery'' and inserting ``that
fishery''.
(6) In subsection (c)(3)(E) by inserting ``commercial''
after ``any''.
(7) In subsection (c)(5)(B) by striking ``commercial''.
(8) In subsection (d)(1) in the matter preceding
subparagraph (A) by striking ``commercial fishing operations''
and inserting ``fishing operations in a fishery listed under
subsection (c)(1)(A)(i) or (ii)''.
(9) In subsection (d)(3) in the matter preceding
subparagraph (A) by striking ``commercial fisheries'' and
inserting ``fisheries listed under subsection (c)(1)(A)(i) or
(ii)''.
(10) In subsection (d)(4) as follows:
(A) In the matter preceding subparagraph (A) by
striking ``commercial fisheries'' and inserting
``fisheries listed under subsection (c)(1)(A)(i) or
(ii)''.
(B) In subparagraph (A) by striking ``commercial
fisheries'' and inserting ``fisheries listed under
subsection (c)(1)(A)(i) or (ii)''.
(C) In subparagraph (B) by striking ``commercial
fisheries'' and inserting ``fisheries listed under
subsection (c)(1)(A)(i) or (ii)''.
(D) In subparagraph (C) by striking ``commercial
fisheries'' and inserting ``fisheries listed under
subsection (c)(1)(A)(i) or (ii)''.
(11) In subsection (d)(5) by striking ``commercial fishing
operations'' and inserting ``fishing operations in fisheries
listed under subsection (c)(1)(A)(i) or (ii)''.
(12) In subsection (e) in the matter preceding paragraph
(1)--
(A) by striking ``commercial'' each place it
appears; and
(B) by striking ``this Act'' and inserting ``this
section''.
(13) In subsection (f) by striking so much as precedes
paragraph (2) and inserting the following:
``(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.''.
(14) In subsection (f)(2)--
(A) by striking ``6 months'' and inserting ``9
months''; and
(B) by striking ``commercial fishing operations''
each place it appears and inserting ``fishing
operations in fisheries listed under subsection
(c)(1)(A)(i) or (ii)''.
(15) In subsection (f)(3) by striking ``commercial''.
(16) In subsection (f)(4)(B) by striking ``commercial
fishing operations'' and inserting ``fishing operations in
fisheries listed under subsection (c)(1)(A)(i) or (ii)''.
(17) In subsection (f)(5)--
(A) in subparagraph (A) by striking ``6 months''
and inserting ``9 months''; and
(B) in subparagraphs (A) and (B) by striking
``commercial'' each place it appears.
(18) In subsection (f)(6)(A)--
(A) by striking ``(not later than 30 days)''; and
(B) in clause (ii) by striking ``commercial
fisheries'' and inserting ``fisheries listed under
subsection (c)(1)(A)(i) or (ii)''.
(19) In subsection (f)(6)(C) in the second sentence, by
inserting before ``, and others'' the following: ``, 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''.
(20) In subsection (f)(7)--
(A) in subparagraph (A)(i) by striking ``6 months''
and inserting ``9 months'';
(B) in subparagraph (B)(i)--
(i) by striking ``not later than 60 days''
and inserting ``not later than 120 days''; and
(ii) by adding at the end the following:
``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.''; and
(C) in subparagraph (B)(ii)--
(i) by striking ``6 months'' and inserting
``9 months''; and
(ii) by striking ``not later than 8
months'' and inserting ``not later than 11
months''.
(21) In subsection (f)(7)(C) by striking ``Not later than
60 days'' and inserting ``Not later than 90 days''.
(22) In subsection (f)(7)(D) by striking ``commercial''.
(23) In subsection (f)(8)--
(A) in subparagraph (C) by striking ``Not later
than 60 days'' and inserting ``Not later than 180
days''; and
(B) by striking ``commercial'' each place it
appears.
(24) In subsection (f)(9) as follows:
(A) In subparagraph (A) by striking ``commercial
fisheries or restrict commercial fisheries'' and
inserting ``fisheries listed under subsection
(c)(1)(A)(i) or (ii) or restrict such fisheries''.
(B) In subparagraphs (B) and (C) by striking
``commercial'' each place it appears.
(C) In subparagraph (D) by striking ``commercial
fishing operations'' and inserting ``participation in a
fishery listed under subsection (c)(1)(A)(i) or (ii)''.
(25) In subsection (g)(1) by striking ``commercial
fisheries'' and inserting ``fisheries listed under subsection
(c)(1)(A)(i) or (ii)''.
(26) In subsection (g)(3)(B) by striking ``commercial''.
(27) In subsection (g)(4) by striking ``commercial
fishery'' and inserting ``fishery listed under subsection
(c)(1)(A)(i) or (ii)''.
(28) In subsection (j) by inserting ``including observer,
research, and education and outreach programs,'' after ``For
purposes of carrying out this section,''.
(29) By amending subsection (d)(1)(C) to read as follows:
``(C) identify current fishery regulations and changes in
fishing methods or technology that may increase or decrease
incidental mortality and serious injury.''.
(30) In subsection (f)(2) in the last sentence by inserting
``conservation benefits of'' before ``State or regional fishery
management plans.''.
(31) By amending subsection (f)(4)(A) to read as follows:
``(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) Stock Assessments.--Section 117(a)(4) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by inserting ``and'' at the end of subparagraph (D);
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