109th CONGRESS
2d Session
H. R. 4075
IN THE SENATE OF THE UNITED STATES
July 18, 2006
Received
August 4 (legislative day, AUGUST 3), 2006
Read twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
To amend the Marine Mammal Protection Act of 1972 to provide for
better understanding and protection of marine mammals, 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 `Marine Mammal Protection Act Amendments of
2006'.
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. 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. 4. 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. 5. CAPTIVE RELEASE PROHIBITION.
Section 102(a) (16 U.S.C. 1372(a)) is amended--
(1) in paragraph (4) by striking `subsection 104(c); and' and inserting
`section 104(c);';
(2) in paragraph (5) by striking the period and inserting `; and'; and
(3) by adding at the end the following:
`(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 maintained in captivity under section 7524 of title 10,
United States Code (including any progeny of a marine mammal maintained
under that section).'.
SEC. 6. ANNUAL REPORT REQUIREMENT.
Section 103(f) (16 U.S.C. 1373(f)) is amended in the first sentence, by
inserting `and notwithstanding Public Law 104-66' after `thereafter'.
SEC. 7. PERMIT CLARIFICATIONS.
(a) Clarifications- Section 104 (16 U.S.C. 1374) is amended as follows:
(1) Subsection (c)(7) is amended by inserting `notwithstanding any other
provision of law' after `requesting the permit'.
(2) Subsection (c)(9) is amended to read as follows:
`(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.'.
(3) Subsection (c)(10) is amended--
(A) in the first sentence by inserting `held within the lands and waters
of the United States' after `marine mammals' each place it appears;
(B) by inserting after the first sentence the following: `The Secretary
shall update the inventory on an annual basis.'; and
(C) in subparagraph (D) by inserting `ownership, or other' after `date
of'.
(b) Review and Report Regarding Inventory-
(1) REVIEW- The Secretaries of Commerce and the Interior shall, by not
later than 12 months after date of the enactment of this Act, jointly
conduct a review of the inventory maintained under section 104(c)(10)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(10)), the
use of the information in the inventory, and the costs, benefits, and
issues associated with the development of an online inventory.
(2) CONSULTATION- In conducting the review, the Secretary shall consult
and solicit input from persons who are required to provide information
for the inventory.
(3) REPORT- The Secretary shall submit a report to Committee on Resources
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the findings of the review under this
subsection. The report shall include the following:
(A) Recommendations on whether the inventory should be maintained by
the Secretary or by another person under contract.
(B) How the Secretary would oversee maintenance of the inventory carried
out under contract.
(C) How public access and access by Federal agencies to the inventory
can be maintained if the inventory is maintained under contract.
(D) How the Secretary can minimize duplication on the information the
Secretary receives from public display facilities and reduce the paper
work burden on those facilities.
(E) An estimate of the cost of maintaining the inventory.
(F) A description of how the Secretary will ensure the secure maintenance
of the data in the inventory.
(G) An analysis of the potential that online availability of the information
in the inventory could adversely affect the safety of the animals.
(c) Limitation on Notification Requirements- Section 104(c) (16 U.S.C. 1374(c))
is amended in paragraph (2)(E) in the first sentence, and in paragraph (8)(B)(i)(II),
by inserting before the period at the end the following: `, 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'.
SEC. 8. FINES AND PENALTIES.
(a) Fines and Penalties, Generally- Section 105 (16 U.S.C. 1375) is amended--
(1) in subsection (a)(1) by striking `$10,000' and inserting `$20,000';
and
(2) in subsection (b) by striking `$20,000' and inserting `$30,000'.
(b) Vessel Penalty- Section 106(b) (16 U.S.C. 1376(b)) is amended by striking
`$25,000' and inserting `$35,000'.
SEC. 9. MARINE MAMMAL GRANTS.
Section 110(a) (16 U.S.C. 1380(a)) is amended to read as follows:
`(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.
`(A) REPORTS BY SECRETARY- The Secretary shall include a description
of the results of research carried out with assistance under this section
in the annual report required under section 103(f).
`(B) REPORTS BY FEDERAL AGENCIES- 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.
`(3) CONTRIBUTIONS- For purposes of carrying out this section, the Secretary
may accept, solicit, receive, hold, administer, and use gifts, devises,
and bequests.'.
SEC. 10. FISHERIES GEAR DEVELOPMENT.
Section 111 (16 U.S.C. 1381) is amended as follows:
(1) Subsection (a) is amended to read as follows:
`(a) Fishing Gear Development Program-
`(1) IN GENERAL- The Secretary of Commerce (in this section referred to
as the `Secretary') shall--
`(A) carry out a program for the purpose of devising improved fishing
gear and methods 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.'.
(2) By adding at the end the following:
`(e) Gear Improvement 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.'.
SEC. 11. CONFORMING AMENDMENT.
Subsection (c) of the Dolphin Protection Consumer Information Act (16 U.S.C.
1385) is amended in paragraph (2) by striking `160 degrees west longitude'
and inserting `150 degrees west longitude'.
SEC. 12. 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 2006--
`(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); and
(3) by adding at the end the following:
`(E) potential conservation benefits provided by State and regional
fishery management regulations;'.
(c) Conforming Amendment- Section 101(a)(5)(E) (16 U.S.C. 1371(a)(5)(E))
is amended by inserting `or recreational' after `commercial' each place
it appears.
SEC. 13. PINNIPED CONTROL PROGRAM.
Section 120 (16 U.S.C. 1389) is amended by adding at the end the following:
`(k) Nonlethal Removal and Control- (1) The Secretary shall conduct a program
on the nonlethal removal and control of nuisance pinnipeds. The program
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
program under this subsection, representatives of the commercial and recreational
fishing industries and, as appropriate, individuals with scientific proficiency,
technical credentials, and expertise.
`(3) The Secretary is encouraged, where appropriate, to use independent
marine mammal research institutions in developing and in conducting the
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.
`(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) CLARIFICATION- Nothing in this subsection shall be interpreted as
suspending or waiving any requirement under any other provision of this
Act.'.
SEC. 14. MARINE MAMMAL COMMISSION.
(a) Number of Employees- Section 206(5) (16 U.S.C. 1406(5)) is amended by
striking `; except that no fewer than 11 employees must be employed under
paragraph (1) at any time'.
(b) Administration- Section 206 (16 U.S.C. 1406) is amended--
(1) in paragraph (4) by striking `(but at rates for individuals not to
exceed $100 per diem)'; and
(2) in paragraph (5) by striking `Financial' and all that follows through
the end of that sentence.
SEC. 15. STRANDING AND ENTANGLEMENT RESPONSE.
(a) Collection and Updating of Information- Section 402(b)(1)(A) (16 U.S.C.
1421a(b)(1)(A)) is amended by inserting `or entangled' after `stranded'.
(b) Entanglement Response Agreements-
(1) IN GENERAL- Section 403 (16 U.S.C. 1421b) is amended--
(A) by amending the section heading to read as follows:
`SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'; and
(B) in subsection (a) by inserting `or entanglement' before the period.
(2) CLERICAL AMENDMENT- The table of contents at the end of the first
section is amended by striking the item relating to section 403 and inserting
the following:
`Sec. 403. Stranding or entanglement response agreements'.
(c) Liability- Section 406(a) (16 U.S.C. 1421e(a)) is amended by inserting
`or entanglement' after `stranding'.
(d) Entanglement Defined-
(1) IN GENERAL- Section 410 (16 U.S.C. 1421h) is amended--
(A) by redesignating paragraphs (1) through (6) in order as paragraphs
(2) through (7); and
(B) by inserting before paragraph (2) (as so redesignated) the following:
`(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.'.
(2) CONFORMING AMENDMENT- Section 408(a)(2)(B)(i) (16 U.S.C. 1421f-1(a)(2)(B)(i))
is amended by striking `section 410(6)' and inserting `section 410(7)'.
(e) John H. Prescott Marine Mammal Rescue Assistance Grant Program-
(1) AUTHORIZATION OF APPROPRIATIONS FOR GRANT PROGRAM- Section 408(h)
(16 U.S.C. 1421f-1(h)) is amended by striking `$5,000,000 for each of
fiscal years 2001 through 2003' and inserting `$5,000,000 for each of
fiscal years 2007 through 2010'.
(2) ADMINISTRATIVE COSTS AND EXPENSES- Section 408 (16 U.S.C. 1421f-1)
is amended--
(A) 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
and paragraph (2), except as provided in subsection (f).'; and
(B) 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 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).'.
(3) EMERGENCY ASSISTANCE- Section 408 (16 U.S.C. 1421f-1) is amended--
(A) in subsection (a) by redesignating paragraph (2) as paragraph (3),
and by inserting after paragraph (1) the following:
`(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.';
(B) in subsection (d) by inserting `(1)' before the text, and by adding
at the end the following:
`(2) Funding for emergency stranding projects shall not be subject to the
funding limit established in paragraph (1).';
(i) in paragraph (1) by striking `The non-Federal' and inserting `Except
as provided in paragraph (2), the non-Federal';
(ii) by redesignating paragraph (2) as paragraph (3); and
(iii) by inserting after paragraph (1) the following:
`(2) EMERGENCY ASSISTANCE- No non-Federal contribution shall be required
for funding for a response to an emergency stranding event.'; and
(D) in subsection (g) by redesignating paragraph (2) as paragraph (3)
and inserting after paragraph (1) the following:
`(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.'.
(4) CONTRIBUTIONS- Section 408 (16 U.S.C. 1421f-1) is 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.'.
(f) Authorization of Appropriations for 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 2007
through 2010'.
SEC. 16. SCRIMSHAW EXEMPTION.
Any valid certificate of exemption referred to in section 18 of Public Law
103-238 (16 U.S.C. 1539 note) that was valid under that section on April
29, 1999, shall be valid during the 11-year period beginning October 31,
1999.
SEC. 17. POLAR BEARS.
(a) In General- The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) is amended by adding at the end thereof the following:
`TITLE V--POLAR BEARS
`SEC. 501. DEFINITIONS.
`(1) AGREEMENT- The term `Agreement' means the Agreement Between the Government
of the United States of America and the Government of the Russian Federation
on the Conservation and Management of the Alaska-Chukotka Polar Bear Population,
signed at Washington, D.C., on October 16, 2000.
`(2) ALASKA NANUUQ COMMISSION- The term `Alaska Nanuuq Commission' means
the Alaska Native entity, in existence on the date of enactment of this
title, that represents all villages in the State of Alaska that engage
in the annual subsistence taking of polar bears from the Alaska-Chukotka
population and any successor entity.
`(3) IMPORT- The term `import' means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce into, any place
subject to the jurisdiction of the United States, without regard to whether
the landing, bringing, or introduction constitutes an importation within
the meaning of the customs laws of the United States.
`(4) POLAR BEAR PART OR PRODUCT- The term `part or product of a polar
bear' means any polar bear part or product, including the gall bile and
gall bladder.
`(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
`(6) TAKING- The term `taking' has the meaning given the term in the Agreement.
`(7) COMMISSION- The term `Commission' means the commission established
under article 8 of the Agreement.
`SEC. 502. PROHIBITIONS.
`(a) In General- It is unlawful for any person who is subject to the jurisdiction
of the United States--
`(1) to take any polar bear in violation of the Agreement;
`(2) to take any polar bear in violation of the Agreement or any annual
taking limit or other restriction on the taking of polar bears that is
adopted by the Commission pursuant to the Agreement;
`(3) to import, export, possess, transport, sell, receive, acquire, or
purchase, exchange, barter, or offer to sell, purchase, exchange, or barter
any polar bear, or any part or product of a polar bear, that is taken
in violation of paragraph (2);
`(4) to import, export, sell, purchase, exchange, barter, or offer to
sell, purchase, exchange, or barter, any polar bear gall bile or polar
bear gall bladder;
`(5) to commit, solicit another person to commit, or cause to be committed,
any offense under this subsection; or
`(6) to violate any regulation promulgated by the Secretary to implement
any of the prohibitions established in this subsection.
`(b) Exceptions- For the purpose of forensic testing or any other law enforcement
purpose, the Secretary, and Federal law enforcement officials, and any State
or local law enforcement official authorized by the Secretary, may import
a polar bear or any part or product of a polar bear.
`SEC. 503. ADMINISTRATION.
`(a) In General- The Secretary, acting through the Director of the United
States Fish and Wildlife Service, shall do all things necessary and appropriate,
including the promulgation of regulations, to implement, enforce, and administer
the provisions of the Agreement on behalf of the United States. The Secretary
shall consult with the Secretary of State and the Alaska Nanuuq Commission
on matters involving the implementation of the Agreement.
`(b) Utilization of Other Government Resources and Authorities-
`(1) OTHER GOVERNMENT RESOURCES- The Secretary may utilize by agreement,
with or without reimbursement, the personnel, services, and facilities
of any other Federal agency, any State agency, or the Alaska Nanuuq Commission
for purposes of carrying out this title or the Agreement.
`(2) OTHER POWERS AND AUTHORITIES- Any person authorized by the Secretary
under this subsection to enforce this title or the Agreement shall have
the authorities that are enumerated in section 6(b) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3375(b)).
`(c) Ensuring Compliance-
`(1) TITLE I AUTHORITIES- The Secretary may use authorities granted under
title I to enforce this title.
`(2) ADDITIONAL AUTHORITIES- Any gun, trap, net, or other equipment used,
to aid in the violation or attempted violation of this title shall be
subject to seizure and forfeiture under section 106.
`(1) IN GENERAL- The Secretary shall promulgate such regulations as are
necessary to carry out this title and the Agreement.
`(2) ORDINANCES AND REGULATIONS- If necessary to carry out this title
and the Agreement, and to improve compliance with any annual taking limit
or other restriction on taking adopted by the Commission and implemented
by the Secretary in accordance with this title, the Secretary may promulgate
regulations that adopt any ordinance or regulation that restricts the
taking of polar bears for subsistence purposes if the ordinance or regulation
has been promulgated by the Alaska Nanuuq Commission.
`SEC. 504. COOPERATIVE MANAGEMENT AGREEMENT; AUTHORITY TO DELEGATE ENFORCEMENT
AUTHORITY.
`(a) In General- The Secretary, acting through the Director of the United
States Fish and Wildlife Service, may share authority under this title for
the management of the taking of polar bears for subsistence purposes with
the Alaska Nanuuq Commission if such commission is eligible under subsection
(b).
`(b) Delegation- To be eligible for the management authority described in
subsection (a), the Alaska Nanuuq Commission shall--
`(1) enter into a cooperative agreement with the Secretary under section
119 for the conservation of polar bears;
`(2) meaningfully monitor compliance with this title and the Agreement
by Alaska Natives; and
`(3) administer its co-management program for polar bears in accordance
with--
`SEC. 505. COMMISSION APPOINTMENTS; COMPENSATION, TRAVEL EXPENSES, AND
CLAIMS.
`(a) Appointment of U.S. Commissioners-
`(1) APPOINTMENT- The United States commissioners on the Commission shall
be appointed by the President, in accordance with paragraph 2 of article
8 of the Agreement, after taking into consideration the recommendations
of--
`(B) the Secretary of State; and
`(C) the Alaska Nanuuq Commission.
`(2) QUALIFICATIONS- Both of the United States commissioners shall have
knowledge or expertise in polar bears.
`(3) SERVICE AND TERM- Each United States commissioner shall serve--
`(A) at the pleasure of the President; and
`(B) for an initial 4-year term and such additional terms as the President
shall determine.
`(A) IN GENERAL- Any individual appointed to fill a vacancy occurring
before the expiration of any term of office of a United States commissioner
shall be appointed for the remainder of that term.
`(B) MANNER- Any vacancy on the Commission shall be filled in the same
manner as the original appointment.
`(b) Alternate Commissioners-
`(1) IN GENERAL- The Secretary, in consultation with the Secretary of
State and the Alaska Nanuuq Commission, shall designate an alternate commissioner
for each member of the United States section.
`(2) DUTIES- In the absence of a United States commissioner, an alternate
commissioner may exercise all functions of the United States commissioner
at any meetings of the Commission or of the United States section.
`(3) REAPPOINTMENT- An alternate commissioner--
`(A) shall be eligible for reappointment by the President; and
`(B) may attend all meetings of the United States section.
`(c) Duties- The members of the United States section may carry out the
functions and responsibilities described in article 8 of the Agreement in
accordance with this title and the Agreement.
`(d) Compensation and Expenses-
`(1) COMPENSATION- A member of the United States section shall serve without
compensation.
`(2) TRAVEL EXPENSES- A member of the United States section shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular place of business
of the member in the performance of the duties of the United States-Russia
Polar Bear Commission.
`(e) Agency Designation- The United States section shall, for the purpose
of title 28, United States Code, relating to claims against the United States
and tort claims procedure, be considered to be a Federal agency.
`SEC. 506. VOTES TAKEN BY THE UNITED STATES SECTION ON MATTERS BEFORE
THE COMMISSION.
`In accordance with paragraph 3 of article 8 of the Agreement, the United
States section , made up of commissioners appointed by the President, shall
vote on any issue before the United States-Russia Polar Bear Commission
only if there is no disagreement between the United States commissioners
regarding the vote.
`SEC. 507. IMPLEMENTATION OF ACTIONS TAKEN BY THE COMMISSION.
`(a) In General- The Secretary shall take all necessary actions to implement
the decisions and determinations of the Commission under paragraph 7 of
article 8 of the Agreement.
`(b) Taking Limitation- Not later than 60 days after the date on which the
Secretary receives notice of the determination of the Commission of an annual
taking limit, or of the adoption by the Commission of other restriction
on the taking of polar bears for subsistence purposes, the Secretary shall
publish a notice in the Federal Register announcing the determination or
restriction.
`SEC. 508. APPLICATION WITH OTHER TITLES OF ACT.
`The authority of the Secretary under this title is in addition to, and
shall not affect the authority of the Secretary under, the other titles
of this Act or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.)
or the exemption for Alaskan natives under section 101(b) of this Act.
`SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
`There is authorized to be appropriated to the Secretary to carry out this
title and the Agreement $2,000,000 for each of fiscal years 2007 through
2010.'.
(b) Clerical Amendment- The table of contents in the first section of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended
by adding at the end the following:
`TITLE V--POLAR BEARS
`Sec. 503. Administration.
`Sec. 504. Cooperative management agreement; authority to delegate enforcement
authority.
`Sec. 505. Commission appointments; compensation, travel expenses, and
claims.
`Sec. 506. Votes taken by the United States Section on matters before
the Commission.
`Sec. 507. Implementation of actions taken by the Commission.
`Sec. 508. Application with other titles of Act.
`Sec. 509. Authorization of appropriations.'.
(c) Treatment of Containers- Section 107(d)(2) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1377(d)(2)) is amended--
(1) by striking `or other conveyance' and inserting `, other conveyance,
or container'; and
(2) by striking `or conveyance' and inserting `conveyance, or container'.
Passed the House of Representatives July 17, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
