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United States

Marine Mammal Protection Act Amendments of 2006 (Engrossed as Agreed to or Passed by House)

Statute Details
Printable Version
Citation: 109th CONGRESS 2d Session H. R. 4075



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Summary:   This House Bill proposes to amend the Marine Mammal Protection Act (MMPA).  The impetus behind the bill was the recent passage of the House bill that puts into effect a 2000 treaty that sets quotas on polar bear hunting by native populations in the U.S. and Russia and establishes a bilateral commission to analyze how best to sustain the polar bear habitat.


Statute in Full:

 

H.R.4075

Marine Mammal Protection Act Amendments of 2006 (Engrossed as Agreed to or Passed by House)


HR 4075 EH

109th CONGRESS

2d Session

H. R. 4075


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.

`(2) REPORTS-

`(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.

 



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