H.R.4075 - Marine Mammal Protection Act Amendments of 2005

To amend the Marine Mammal Protection Act of 1972 to provide for better understanding and protection of marine mammals, and for other purposes. view all titles (4)

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  • Short: Marine Mammal Protection Act Amendments of 2005 as introduced.
  • Official: To amend the Marine Mammal Protection Act of 1972 to provide for better understanding and protection of marine mammals, and for other purposes. as introduced.
  • Short: Marine Mammal Protection Act Amendments of 2006 as passed house.
  • Short: United States-Russia Polar Bear Conservation and Management Act of 2006 as passed senate.

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Introduced
 
House
Passed
 
Senate
Passed
 
President
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10/17/05
 
07/17/06
 
12/05/06
 
 
 

Official Summary

7/17/2006--Passed House amended. Marine Mammal Protection Act Amendments of 2006 - (Sec. 4) Amends the Marine Mammal Protection Act of 1972 (the Act) to grant limited authority for a marine mammal product to be exported from the United States for noncommercial and cultural purposes, includ
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Official Summary

7/17/2006--Passed House amended. Marine Mammal Protection Act Amendments of 2006 -

(Sec. 4)

Amends the Marine Mammal Protection Act of 1972 (the Act) to grant limited authority for a marine mammal product to be exported from the United States for noncommercial and cultural purposes, including export by an Indian, Aleut, or Eskimo residing in Alaska as part of a cultural exchange.

(Sec. 5)

Makes it unlawful for anyone under U.S. jurisdiction to release any captive marine mammal unless specifically authorized under the Act.

(Sec. 7)

Revises requirements for the export of a marine mammal for purposes of public display, scientific research, or enhancing the survival or recovery of a species or stock. Prohibits the relevant Secretary (Secretary of the department in which the National Oceanic and Atmospheric Administration (NOAA) is operating, the Secretary of the Interior, or the Secretary of Commerce) from requiring or requesting, through comity or any other means, that a marine mammal or its progeny remain subject to U.S. jurisdiction when located in waters or on lands subject to the jurisdiction of another country. Requires the relevant Secretary to establish and maintain, and update annually, an inventory of all marine mammals possessed pursuant to a permit that are held within U.S. lands and waters. Requires a review of the inventory and the relevant Secretary to report to Congress on the findings of such review. Revises certain notification requirements to require that the relevant Secretary be notified only of the transport of a marine mammal for purposes of public display in cases where 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. (Eliminates the requirement for the Secretary to receive notice in advance of the transport in such cases.)

(Sec. 8)

Increases civil fines and criminal penalties, including vessel penalties for violations of the Act.

(Sec. 9)

Requires:
(1) the relevant Secretary to include the results of research under the marine mammal research grant program in a certain annual report; and
(2) the head of each federal agency that conducts and provides funds for marine mammal research to report annually to Congress on such research.

(Sec. 10)

Directs the Secretary of Commerce (currently, the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating) to carry out a fishing gear development program to devise fishing gear and methods that reduce the incidental taking of marine mammals during fishing. Authorizes the Secretary to establish a gear improvement mini-grant program for the development of such fishing gear.

(Sec. 12)

Applies provisions concerning the incidental taking of marine mammals to all fishing operations (currently, only commercial fishing). Requires take reduction plans to track the number of animals from strategic stocks being incidentally lethally taken or seriously injured each year through recreational fishing (in addition to commercial fishing), and to publish proposals for reducing such incidents within a strategic stock under certain conditions. Extends the deadline goal of a plan for the reduction of mortality or serious injury of marine mammals taken incidentally in the course of commercial or recreational fishing.

(Sec. 13)

Requires the relevant Secretary to conduct a program on the nonlethal removal and control of nuisance pinnipeds, including the development of new technologies to deter nuisance pinnipeds. Requires an annual report from the relevant Secretary to Congress on marine mammal research results used in developing and conducting such program. Authorizes the Secretary to provide a grant to an eligible applicant to carry out a qualified nonlethal control project.

(Sec. 14)

Repeals the requirement that the Marine Mammal Commission employ a minimum of 11 employees at any time.

(Sec. 15)

Directs the relevant Secretary to collect and update existing practices and procedures for rescuing and rehabilitating entangled (currently, only stranded) marine mammals (having gear, rope, line, or net wrapped around it). Authorizes the relevant Secretary to enter into entanglement response agreements. Extends through FY2010 the authorization of appropriations for the John H. Prescott Marine Mammal Rescue Assistance Grant Program and the Marine Mammal Unusual Mortality Event Fund for stranding or entanglement response. Authorizes the relevant Secretary to enter into cooperative agreements, contracts, or other agreements or arrangements to address stranding events requiring emergency assistance.

(Sec. 16)

Renews the scrimshaw exemption (allowing the processing and sale of pre-Endangered Species Act ivory) for the 11-year period beginning October 31, 1999.

(Sec. 17)

Makes it unlawful for a person subject to U.S. jurisdiction to take, import, export, possess, transport, or sell any polar bear or polar bear products in violation of 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 (Agreement) or any annual taking limit or other restriction adopted by the U.S.-Russia Polar Bear Commission. Authorizes a government official to import a polar bear or a polar bear product for purposes of forensic testing or any other law enforcement purpose. Requires the Secretary of the Interior to administer and enforce the Agreement on behalf of the United States. Authorizes the Secretary of the Interior to share authority for the management of the taking of polar bears for subsistence purposes with the Alaska Nanuuq Commission. Sets forth requirements for designation and appointment of U.S. members on the U.S.-Russia Polar Bear Commission. Requires the Secretary of the Interior to take all appropriate actions to implement the decisions and determinations of the U.S.-Russia Polar Bear Commission. Authorizes appropriations for FY2007-FY2010.

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