article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Protection Act Amendments of 2002''. 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 Replaced 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 NATIVE HANDICRAFTS. 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 as part of a cultural exchange, by an Indian, Aleut, or Eskimo residing in Alaska; or ``(ii) 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.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Department of Commerce.--Section 116(a) (16 U.S.C. 1384(a)) is amended to read as follows: ``(a) Department of Commerce.--(1) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out its functions and responsibilities under this title (other than sections 117 and 118) and title IV-- ``(A) $16,615,000 for 2003; ``(B) $17,280,000 for 2004; ``(C) $17,971,000 for 2005; ``(D) $18,670,000 for 2006; and ``(E) $19,418,000 for 2007. ``(2) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out sections 117 and 118, $20,000,000 for each of the fiscal years 2003 through 2007.''. (b) Department of the Interior.--Section 116(b) (16 U.S.C. 1384(b)) is amended to read as follows: ``(b) Department of the Interior.--There are authorized to be appropriated to the Department of the Interior, for purposes of carrying out its functions and responsibilities under this title-- ``(1) $11,800,000 for 2003; ``(2) $12,300,000 for 2004; ``(3) $12,800,000 for 2005; ``(4) $13,300,000 for 2006; and ``(5) $13,800,000 for 2007.''. SEC. 6. TAKE REDUCTION PLANS. Section 118 (16 U.S.C. 1387) is amended-- (1) in subsections (f)(4)(B) and (f)(5)(B), by inserting ``and recreational'' after ``commercial''; (2) in subsection (f)(6)(C) in the second sentence, by inserting before the period the following: ``, 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''; (3) in subsection (f)(7)(B)(i) 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 (4) in subsection (j) by inserting ``including observer, research, and education and outreach programs,'' after ``For purposes of carrying out this section,''. SEC. 7. PINNIPED RESEARCH. Section 120 (16 U.S.C. 1389) is amended by adding at the end the following: ``(k) Research on Nonlethal Removal and Control.--(1) The Secretary shall conduct research on the nonlethal removal and control of nuisance pinnipeds. The research 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 research program under this subsection, representatives of the commercial and recreational fishing industries. ``(3) The Secretary is encouraged, where appropriate, to use independent marine mammal research institutions in developing and in conducting the research 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.''. SEC. 8. 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) Authorization of Appropriations.--Section 207 (16 U.S.C. 1407) is amended to read as follows: ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Marine Mammal Commission for purposes of carrying out this title-- ``(1) $2,000,000 for fiscal year 2003; ``(2) $2,050,000 for fiscal year 2004; ``(3) $2,100,000 for fiscal year 2005; ``(4) $2,150,000 for fiscal year 2006; and ``(5) $2,200,000 for fiscal year 2007.''. SEC. 9. 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 8-year period beginning October 31, 1999. SEC. 10. EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS. Section 5 of the Whaling Convention Act of 1949 (16 U.S.C. 916c) is amended by adding at the end the following: ``(c) The prohibitions of this section shall not apply to use of a vessel to tow a whale taken in a traditional subsistence whale hunt permitted by Federal law and conducted in waters off the coast of Alaska, if such towing is performed upon a request for emergency assistance made by a subsistence whale hunting organization formally recognized by an agency of the United States Government, or made by a member of such an organization, to prevent the loss of a whale.''. SEC. 11. EXTENSION. Section 104(c)(5)(D) (16 U.S.C. 1374(c)(5)(D)) is amended by striking ``the date of the enactment of the Marine Mammal Protection Act Amendments of 1994'' and inserting ``February 18, 1997''. SEC. 12. POLAR BEAR PERMITS. Section 104 (16 U.S.C. 1374) is amended-- (1) in subsection (d)(2) by inserting before the period at the end of the first sentence the following: ``, except for an application for a permit to import polar bear parts under subsection (c)(5)''; (2) in subsection (d)(5) by inserting before the period at the end of the last sentence the following: ``if a notice of application was published pursuant to paragraph (2) with respect to the permit''; and (3) in subsection (c)(5) by adding at the end the following: ``(E) The Secretary shall make available to the public on a semiannual basis information concerning the permits issued or denied under this paragraph.''. SEC. 13. 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).''. SEC. 14. MARINE MAMMAL COMMISSION ADMINISTRATION. Section 206(4) (16 U.S.C. 1406(4)) is amended by striking ``(but at rates for individuals not to exceed $100 per diem)''.
summary: Marine Mammal Protection Act Amendments of 2002 - Amends the Marine Mammal Protection Act of 1972 to grant limited permission for a marine mammal to be exported from the United States, including in cases where an Indian, Aleut or Eskimo residing in Alaska exports the animal as part of a cultural exchange.Requires 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 stock under certain specified conditions.Requires research on the removal and control of nuisance pinnipeds, including on the development of new technologies to deter such creatures.Authorizes appropriations for the Marine Mammal Commission through FY 2007.Renews the Scrimshaw Exemption for the eight-year period beginning October 31, 1999.Permits emergency assistance to tow a whale captured in a legal traditional subsistence whale hunt off the coast of Alaska if a request for such assistance is made by a federally-recognized subsistence whale hunting organization or by a member of such an organization.Directs the Secretary of the Interior to issue a permit for importation of polar bear parts (other than internal organs) from bears taken in sport hunts in Canada before February 18, 1997 (the previous date was April 30, 1994).Makes it unlawful for anyone under U.S. jurisdiction to release any captive marine mammal unless authorized under specified provisions of the Code.