[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4075 Referred in Senate (RFS)]
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.
``(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.
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.
``(7) Cost sharing.--
``(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).'';
(C) in subsection (e)--
(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.
``In this title:
``(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.
``(d) Regulations.--
``(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--
``(A) this title; and
``(B) the Agreement.
``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--
``(A) the Secretary;
``(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.
``(4) Vacancies.--
``(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. 501. Definitions.
``Sec. 502. Prohibitions.
``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.