[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2903 Enrolled Bill (ENR)]
H.R.2903
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To reauthorize the Striped Bass Conservation Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Striped Bass Conservation, Atlantic
Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act
of 2000''.
Subtitle A--Atlantic Striped Bass Conservation

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Section 7(a) of the Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is amended to read as follows:
``(a) Authorization.--For each of fiscal years 2001, 2002, and
2003, there are authorized to be appropriated to carry out this Act--
``(1) $1,000,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.''.

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TITLE I

-ATLANTIC COASTAL FISHERIES

(a) Study.--The Secretaries (as that term is defined in the
Atlantic Striped Bass Conservation Act), in consultation with the
Atlantic States Marine Fisheries Commission, shall conduct a study to
determine if the distribution of year classes in the Atlantic striped
bass population is appropriate for maintaining adequate recruitment and
sustainable fishing opportunities. In conducting the study, the
Secretaries shall consider--
(1) long-term stock assessment data and other fishery-dependent
and independent data for Atlantic striped bass; and
(2) the results of peer-reviewed research funded under the
Atlantic Striped Bass Conservation Act.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries, in consultation with the
Atlantic States Marine Fisheries Commission, shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate the
results of the study and a long-term plan to ensure a balanced and
healthy population structure of Atlantic striped bass, including older
fish. The report shall include information regarding--
(1) the structure of the Atlantic striped bass population
required to maintain adequate recruitment and sustainable fishing
opportunities; and
(2) recommendations for measures necessary to achieve and
maintain the population structure described in paragraph (1).
(c) Authorization.--There are authorized to be appropriated to the
Secretary of Commerce $250,000 to carry out this section.
Subtitle B--Atlantic Coastal Fisheries Cooperative Management

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This subtitle may be cited as the ``Atlantic Coastal Fisheries Act
of 2000''.

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MANAGEMENT ACT.
(a) Authorization of Appropriations.--Section 811 of the Atlantic
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is
amended to read as follows:
``SEC. 811. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--To carry out this title, there are authorized to
be appropriated $10,000,000 for each of fiscal years 2001 through 2005.
``(b) Cooperative Statistics Program.--Amounts authorized under
subsection (a) may be used by the Secretary to support the Commission's
cooperative statistics program.''.
(b) Technical Corrections.--
(1) In general.--Such Act is amended--
(A) in section 802(3) (16 U.S.C. 5101(3)) by striking
``such resources in'' and inserting ``such resources is''; and
(B) by striking section 812 and the second section 811.
(2) Amendments to repeal not affected.--The amendments made by
paragraph (1)(B) shall not affect any amendment or repeal made by
the sections struck by that paragraph.
(3) Short title references.--Such Act is further amended by
striking ``Magnuson Fishery'' each place it appears and inserting
``Magnuson-Stevens Fishery''.
(c) Reports.--
(1) Annual report to the secretary.--The Secretary shall
require, as a condition of providing financial assistance under
this subtitle, that the Commission and each State receiving such
assistance submit to the Secretary an annual report that provides a
detailed accounting of the use of the assistance.
(2) Biennial reports to the congress.--The Secretary shall
submit biennial reports to the Committee on Resources of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the use of Federal assistance
provided to the Commission and the States under this subtitle. Each
biennial report shall evaluate the success of such assistance in
implementing this subtitle.
PROGRAM

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This title may be cited as the ``Marine Mammal Rescue Assistance
Act of 2000''.

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TITLE II

-JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT

PROGRAM.
(a) In General.--Title IV of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371 et seq.) is amended--
(1) by redesignating sections 408 and 409 as sections 409 and
410, respectively; and
(2) by inserting after section 407 the following:
``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT
PROGRAM.
``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a grant program to be known
as the John H. Prescott Marine Mammal Rescue Assistance Grant Program,
to provide grants to eligible stranding network participants for the
recovery or treatment of marine mammals, the collection of data from
living or dead stranded marine mammals for scientific research
regarding marine mammal health, and facility operation costs that are
directly related to those purposes.
``(2)(A) The Secretary shall ensure that, to the greatest extent
practicable, funds provided as grants under this subsection are
distributed equitably among the stranding regions designated as of the
date of the enactment of the Marine Mammal Rescue Assistance Act of
2000, and in making such grants shall give preference to those
facilities that have established records for rescuing or rehabilitating
sick and stranded marine mammals in each of the respective regions, or
subregions.
``(B) In determining priorities among such regions, the Secretary
may consider--
``(i) any episodic stranding or any mortality event other than
an event described in section 410(6), that occurred in any region
in the preceding year;
``(ii) data regarding average annual strandings and mortality
events per region; and
``(iii) the size of the marine mammal populations inhabiting a
geographic area within such a region.
``(b) Application.--To receive a grant under this section, a
stranding network participant shall submit an application in such form
and manner as the Secretary may prescribe.
``(c) Consultation.--The Secretary shall consult with the Marine
Mammal Commission, a representative from each of the designated
stranding regions, and other individuals who represent public and
private organizations that are actively involved in rescue,
rehabilitation, release, scientific research, marine conservation, and
forensic science regarding stranded marine mammals, regarding the
development of criteria for the implementation of the grant program and
the awarding of grants under the program.
``(d) Limitation.--The amount of a grant under this section shall
not exceed $100,000.
``(e) Matching Requirement.--
``(1) In general.--The non-Federal share of the costs of an
activity conducted with a grant under this section shall be 25
percent of such costs.
``(2) In-kind contributions.--The Secretary may apply to the
non-Federal share of an activity conducted with a grant under this
section the amount of funds, and the fair market value of property
and services, provided by non-Federal sources and used for the
activity.
``(f) Administrative Expenses.--Of amounts available each fiscal
year to carry out this section, the Secretary may expend not more than
6 percent or $80,000, whichever is greater, to pay the administrative
expenses necessary to carry out this section.
``(g) Definitions.--In this section:
``(1) Designated stranding region.--The term `designated
stranding region' means a geographic region designated by the
Secretary for purposes of administration of this title.
``(2) Secretary.--The term `Secretary' has the meaning given
that term in section 3(12)(A).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2001 through 2003, to remain available until expended, of which--
``(1) $4,000,000 may be available to the Secretary of Commerce;
and
``(2) $1,000,000 may be available to the Secretary of the
Interior.''.
(b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting
``(other than section 408)'' after ``title IV''.
(c) Clerical Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended
by striking the items relating to sections 408 and 409 and inserting
the following:
``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant
Program.
``Sec. 409. Authorization of appropriations.
``Sec. 410. Definitions.''.

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(a) Study.--Not later than 180 days after the date of the enactment
of this Act and subject to the availability of appropriations, the
Secretary of Commerce shall initiate a study of the environmental and
biological factors responsible for the significant increase in
mortality events of the eastern gray whale population and other
potential impacts these factors may be having on the eastern gray whale
population.
(b) Consideration of Western Population Information.--The Secretary
should ensure that, to the greatest extent practicable, information
from current and future studies of the western gray whale population is
considered in the study under this section, so as to better understand
the dynamics of each population and to test different hypotheses that
may lead to an increased understanding of the mechanism driving their
respective population dynamics.
(c) Authorization of Appropriations.--In addition to other amounts
authorized under this title, there are authorized to be appropriated to
the Secretary to carry out this section--
(1) $290,000 for fiscal year 2001; and
(2) $500,000 for each of fiscal years 2002 through 2004.

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(a) In General.--The Secretary of Commerce (in this section
referred to as the ``Secretary'') may convey to the Government of
American Samoa in accordance with this section, without consideration,
all right, title, and interest of the United States in and to a retired
National Oceanic and Atmospheric Administration fishery research vessel
in operable condition, for use by American Samoa.
(b) Limitation.--The Secretary may not convey a vessel under this
section before the date on which a new replacement fishery research
vessel has been delivered to the National Oceanic and Atmospheric
Administration and put in active service.
(c) Operation and Maintenance.--The Government of the United States
shall not be responsible or liable for any maintenance or operation of
a vessel conveyed under this section after the date of the delivery of
the vessel to American Samoa.

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MARINE SANCTUARY DESIGNATION STANDARDS.
(a) Technical Amendment.--Section 303(a) of the National Marine
Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the
Secretary--'' and all that follows through the end of the sentence and
inserting the following: ``the Secretary determines that--
``(1) the designation will fulfill the purposes and policies of
this title;
``(2) the area is of special national significance due to--
``(A) its conservation, recreational, ecological,
historical, scientific, cultural, archaeological, educational,
or esthetic qualities;
``(B) the communities of living marine resources it
harbors; or
``(C) its resource or human-use values;
``(3) existing State and Federal authorities are inadequate or
should be supplemented to ensure coordinated and comprehensive
conservation and management of the area, including resource
protection, scientific research, and public education;
``(4) designation of the area as a national marine sanctuary
will facilitate the objectives stated in paragraph (3); and
``(5) the area is of a size and nature that will permit
comprehensive and coordinated conservation and management.''.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 304(a)(1)(C) (as amended by section 6(a) of the
National Marine Sanctuaries Amendments Act of 2000) by striking
``the Secretary shall''; and
(2) in section 304(a)(2)(E) (as amended by section 6(b) of the
National Marine Sanctuaries Amendments Act of 2000) by striking
``findings'' and inserting ``determinations''.
(c) Effective Date.--This section shall take effect immediately
after the National Marine Sanctuaries Amendments Act of 2000 takes
effect.

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Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155
note) is amended by striking the last sentence and inserting ``There
are authorized to be appropriated to carry out this section $500,000
for each fiscal year.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Marine Mammal Rescue Assistance Act of 2000 — HR. 2903

Other Sections

TITLE I

TITLE II

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