H. Res. 412

In the House of Representatives, U. S.,

April 26, 1994.

Resolved, That upon the adoption of this resolution the

bill (S. 1636), entitled ‘‘An Act to authorize appropriations

for the Marine Mammal Protection Act of 1972 and to improve the program to reduce the incidental taking of marine

mammals during the course of commercial fishing operations,

and for other purposes’’, with the Senate amendment to the

House amendment thereto, shall be considered to have been

taken from the Speaker’s table to the end that the Senate

amendment thereto be, and the same is hereby, agreed to

with an amendment as follows:

In lieu of the matter proposed to be inserted by the

amendment of the Senate, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Marine Mammal Protection Act Amendments of 1994’’.
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SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT

OF 1972.

(a) 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 a section or other provision of the Marine Mammal

Protection Act of 1972 (16 U.S.C. 1361 et seq.).

(b) RELATIONSHIP TO OTHER LAW.—Except as otherwise expressly provided, nothing in this Act is intended to

amend, repeal, or otherwise affect any other provision of law.

SEC. 3. FINDINGS AND DECLARATION OF POLICY.

Section 2 (16 U.S.C. 1361) is amended—

(1) in paragraph (2) by inserting ‘‘essential habitats, including’’ after ‘‘made to protect’’; and

(2) in paragraph (5) in the matter following subparagraph (B) by inserting ‘‘and their habitats’’ before

‘‘is therefore necessary’’.

SEC. 4. MORATORIUM AND EXCEPTIONS.

(a) IN GENERAL.—Section 101(a) (16 U.S.C. 1371(a))

is amended—

(1) by amending paragraph (1) to read as follows:

‘‘(1) Consistent with the provisions of section 104,

permits may be issued by the Secretary for taking, and

importation for purposes of scientific research, public

display, photography for educational or commercial pur-
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poses, or enhancing the survival or recovery of a species

or stock, or for importation of polar bear parts (other

than internal organs) taken in sport hunts in Canada.

Such permits, except permits issued under section

104(c)(5), may be issued if the taking or importation

proposed to be made is first reviewed by the Marine

Mammal Commission and the Committee of Scientific

Advisors on Marine Mammals established under title II.

The Commission and Committee shall recommend any

proposed taking or importation, other than importation

under section 104(c)(5), which is consistent with the

purposes and policies of section 2 of this Act. If the Secretary issues such a permit for importation, the Secretary shall issue to the importer concerned a certificate

to that effect in such form as the Secretary of the Treasury prescribes, and such importation may be made upon

presentation of the certificate to the customs officer concerned.’’;

(2) in paragraph (2) in the first sentence, by inserting before the period at the end the following: ‘‘, or in

lieu of such permits, authorizations may be granted

therefor under section 118, subject to regulations prescribed under that section by the Secretary without regard to section 103’’;

(3) in paragraph (3)(B)—
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(A) by inserting ‘‘, photography for educational

or commercial purposes,’’ after ‘‘purposes’’; and

(B) by inserting ‘‘or as provided for under

paragraph (5) of this subsection,’’ after ‘‘subsection,’’;

(4) by amending paragraph (4) to read as follows:

‘‘(4)(A) Except as provided in subparagraphs (B)

and (C), the provisions of this Act shall not apply to the

use of measures—

‘‘(i) by the owner of fishing gear or catch, or

an employee or agent of such owner, to deter a marine mammal from damaging the gear or catch;

‘‘(ii) by the owner of other private property, or

an agent, bailee, or employee of such owner, to

deter a marine mammal from damaging private

property;

‘‘(iii) by any person, to deter a marine mammal from endangering personal safety; or

‘‘(iv) by a government employee, to deter a marine mammal from damaging public property,

so long as such measures do not result in the death or

serious injury of a marine mammal.

‘‘(B) The Secretary shall, through consultation with

appropriate experts, and after notice and opportunity for

public comment, publish in the Federal Register a list of
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guidelines for use in safely deterring marine mammals.

In the case of marine mammals listed as endangered

species or threatened species under the Endangered Species Act of 1973, the Secretary shall recommend specific

measures which may be used to nonlethally deter marine

mammals. Actions to deter marine mammals consistent

with such guidelines or specific measures shall not be a

violation of this Act.

‘‘(C) If the Secretary determines, using the best scientific information available, that certain forms of deterrence have a significant adverse effect on marine mammals, the Secretary may prohibit such deterrent methods, after notice and opportunity for public comment,

through regulation under this Act.

‘‘(D) The authority to deter marine mammals pursuant to subparagraph (A) applies to all marine mammals, including all stocks designated as depleted under

this Act.’’;

(5) in paragraph (5) by adding at the end the following new subparagraphs:

‘‘(D)(i) Upon request therefor by citizens of the

United States who engage in a specified activity (other

than commercial fishing) within a specific geographic region, the Secretary shall authorize, for periods of not

more than 1 year, subject to such conditions as the Sec-
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retary may specify, the incidental, but not intentional,

taking by harassment of small numbers of marine mammals of a species or population stock by such citizens

while engaging in that activity within that region if the

Secretary finds that such harassment during each period

concerned—

‘‘(I) will have a negligible impact on such species or stock, and

‘‘(II) will not have an unmitigable adverse impact on the availability of such species or stock for

taking for subsistence uses pursuant to subsection

(b), or section 109(f) or pursuant to a cooperative

agreement under section 119.

‘‘(ii) The authorization for such activity shall prescribe, where applicable—

‘‘(I) permissible methods of taking by harassment pursuant to such activity, and other means of

effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of

similar significance, and on the availability of such

species or stock for taking for subsistence uses pursuant to subsection (b) or section 109(f) or pursuant to a cooperative agreement under section 119,
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‘‘(II) the measures that the Secretary determines are necessary to ensure no unmitigable adverse impact on the availability of the species or

stock for taking for subsistence uses pursuant to

subsection (b) or section 109(f) or pursuant to a cooperative agreement under section 119, and

‘‘(III) requirements pertaining to the monitoring and reporting of such taking by harassment, including requirements for the independent peer review of proposed monitoring plans or other research

proposals where the proposed activity may affect

the availability of a species or stock for taking for

subsistence uses pursuant to subsection (b) or section 109(f) or pursuant to a cooperative agreement

under section 119.

‘‘(iii) The Secretary shall publish a proposed authorization not later than 45 days after receiving an application under this subparagraph and request public

comment through notice in the Federal Register, newspapers of general circulation, and appropriate electronic

media and to all locally affected communities for a period of 30 days after publication. Not later than 45 days

after the close of the public comment period, if the Secretary makes the findings set forth in clause (i), the Sec-
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retary shall issue an authorization with appropriate conditions to meet the requirements of clause (ii).

‘‘(iv) The Secretary shall modify, suspend, or revoke

an authorization if the Secretary finds that the provisions of clauses (i) or (ii) are not being met.

‘‘(v) A person conducting an activity for which an

authorization has been granted under this subparagraph

shall not be subject to the penalties of this Act for taking by harassment that occurs in compliance with such

authorization.

‘‘(E)(i) During any period of up to 3 consecutive

years, the Secretary shall allow the incidental, but not

the intentional, taking by persons using vessels of the

United States or vessels which have valid fishing permits

issued by the Secretary in accordance with section

204(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)), while engaging in

commercial fishing operations, of marine mammals from

a species or stock designated as depleted because of its

listing as an endangered species or threatened species

under the Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.) if the Secretary, after notice and opportunity for public comment, determines that—
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‘‘(I) the incidental mortality and serious injury

from commercial fisheries will have a negligible impact on such species or stock;

‘‘(II) a recovery plan has been developed or is

being developed for such species or stock pursuant

to the Endangered Species Act of 1973; and

‘‘(III) where required under section 118, a

monitoring program is established under subsection

(d) of such section, vessels engaged in such fisheries

are registered in accordance with such section, and

a take reduction plan has been developed or is being

developed for such species or stock.

‘‘(ii) Upon a determination by the Secretary that

the requirements of clause (i) have been met, the Secretary shall publish in the Federal Register a list of

those fisheries for which such determination was made,

and, for vessels required to register under section 118,

shall issue an appropriate permit for each authorization

granted under such section to vessels to which this paragraph applies. Vessels engaged in a fishery included in

the notice published by the Secretary under this clause

which are not required to register under section 118

shall not be subject to the penalties of this Act for the

incidental taking of marine mammals to which this paragraph applies, so long as the owner or master of such
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vessel reports any incidental mortality or injury of such

marine mammals to the Secretary in accordance with

section 118.

‘‘(iii) If, during the course of the commercial fishing

season, the Secretary determines that the level of incidental mortality or serious injury from commercial fisheries for which a determination was made under clause

(i) has resulted or is likely to result in an impact that

is more than negligible on the endangered or threatened

species or stock, the Secretary shall use the emergency

authority granted under section 118 to protect such species or stock, and may modify any permit granted under

this paragraph as necessary.

‘‘(iv) The Secretary may suspend for a time certain

or revoke a permit granted under this subparagraph only

if the Secretary determines that the conditions or limitations set forth in such permit are not being complied

with. The Secretary may amend or modify, after notice

and opportunity for public comment, the list of fisheries

published under clause (ii) whenever the Secretary determines there has been a significant change in the information or conditions used to determine such list.

‘‘(v) Sections 103 and 104 shall not apply to the

taking of marine mammals under the authority of this

subparagraph.
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‘‘(vi) This subparagraph shall not govern the incidental taking of California sea otters and shall not be

deemed to amend or repeal the Act of November 7, 1986

(Public Law 99–625; 100 Stat. 3500).’’; and

(6) by adding at the end the following new paragraph:

‘‘(6)(A) A marine mammal product may be imported into the United States if the product—

‘‘(i) was legally possessed and exported by any

citizen of the United States in conjunction with

travel outside the United States, provided that the

product is imported into the United States by the

same person upon the termination of travel;

‘‘(ii) was acquired outside of the United States

as part of a cultural exchange by an Indian, Aleut,

or Eskimo residing in Alaska; or

‘‘(iii) is owned by a Native inhabitant of Russia, Canada, or Greenland and is imported for noncommercial purposes in conjunction with travel

within the United States or as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in

Alaska.

‘‘(B) For the purposes of this paragraph, the

term—
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‘‘(i) ‘Native inhabitant of Russia, Canada, or

Greenland’ means a person residing in Russia, Canada, or Greenland who is related by blood, is a

member of the same clan or ethnological grouping,

or shares a common heritage with an Indian, Aleut,

or Eskimo residing in Alaska; and

‘‘(ii) ‘cultural exchange’ means the sharing or

exchange of ideas, information, gifts, clothing, or

handicrafts between an Indian, Aleut, or Eskimo residing in Alaska and a Native inhabitant of Russia,

Canada, or Greenland, including rendering of raw

marine mammal parts as part of such exchange into

clothing or handicrafts through carving, painting,

sewing, or decorating.’’.

(b) ACTIONS AFFECTING SECTION 101(b).—Section

101(b) (16 U.S.C. 1371(b)) is amended by adding at the end

the following new sentences: ‘‘In promulgating any regulation

or making any assessment pursuant to a hearing or proceeding under this subsection or section 117(b)(2), or in making

any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection

(a)(5) that affects stocks or persons to which this subsection

applies, the Secretary shall be responsible for demonstrating

that such regulation, assessment, determination, or finding is

supported by substantial evidence on the basis of the record
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as a whole. The preceding sentence shall only be applicable

in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.’’.

(c) TAKING IN DEFENSE OF SELF OR OTHERS.—Section

101(c) (16 U.S.C. 1371(c)) is amended to read as follows:

‘‘(c) It shall not be a violation of this Act to take a marine mammal if such taking is imminently necessary in selfdefense or to save the life of a person in immediate danger,

and such taking is reported to the Secretary within 48 hours.

The Secretary may seize and dispose of any carcass.’’.

SEC. 5. PERMITS.

(a) PROHIBITIONS.—Section 102(a) (16 U.S.C. 1372(a))

is amended—

(1) in paragraph (2)(B) by striking ‘‘for any purpose in any way connected with the taking or importation of’’ and inserting ‘‘to take or import’’; and

(2) in paragraph (4) by—

(A) striking ‘‘or offer to purchase or sell’’ and

inserting ‘‘export, or offer to purchase, sell, or export’’;

(B) striking ‘‘product; and’’ and inserting

‘‘product—’’; and

(C) inserting after and below the text of the

paragraph the following:

‘‘(A) that is taken in violation of this Act; or
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‘‘(B) for any purpose other than public display,

scientific research, or enhancing the survival of a

species or stock as provided for under subsection

104(c); and’’.

(b) PERMITS.—Section 104 (16 U.S.C. 1374) is amended—

(1) in subsection (a) by adding at the end the following: ‘‘Permits for the incidental taking of marine

mammals in the course of commercial fishing operations

may only be issued as specifically provided for in sections 101(a)(5) or 306, or subsection (h) of this section.’’;

(2) in subsection (c)—

(A) in paragraph (1) in the first sentence by

striking ‘‘and after’’;

(B) by amending paragraph (2) to read as follows:

‘‘(2)(A) A permit may be issued to take or import

a marine mammal for the purpose of public display only

to a person which the Secretary determines—

‘‘(i) offers a program for education or conservation purposes that is based on professionally

recognized standards of the public display community;
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‘‘(ii) is registered or holds a license issued

under 7 U.S.C. 2131 et seq.; and

‘‘(iii) maintains facilities for the public display

of marine mammals that are open to the public on

a regularly scheduled basis and that access to such

facilities is not limited or restricted other than by

charging of an admission fee.

‘‘(B) A permit under this paragraph shall grant to

the person to which it is issued the right, without obtaining any additional permit or authorization under this

Act, to—

‘‘(i) take, import, purchase, offer to purchase,

possess, or transport the marine mammal that is

the subject of the permit; and

‘‘(ii) sell, export, or otherwise transfer possession of the marine mammal, or offer to sell, export,

or otherwise transfer possession of the marine

mammal—

‘‘(I) for the purpose of public display, to

a person that meets the requirements of

clauses (i), (ii), and (iii) of subparagraph (A);

‘‘(II) for the purpose of scientific research, to a person that meets the requirements of paragraph (3); or
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‘‘(III) for the purpose of enhancing the

survival or recovery of a species or stock, to a

person that meets the requirements of paragraph (4).

‘‘(C) A person to which a marine mammal is sold

or exported or to which possession of a marine mammal

is otherwise transferred under the authority of subparagraph (B) shall have the rights and responsibilities described in subparagraph (B) with respect to the marine

mammal without obtaining any additional permit or authorization under this Act. Such responsibilities shall be

limited to—

‘‘(i) for the purpose of public display, the responsibility to meet the requirements of clauses (i),

(ii), and (iii) of subparagraph (A),

‘‘(ii) for the purpose of scientific research, the

responsibility to meet the requirements of paragraph (3), and

‘‘(iii) for the purpose of enhancing the survival

or recovery of a species or stock, the responsibility

to meet the requirements of paragraph (4).

‘‘(D) If the Secretary—

‘‘(i) finds in concurrence with the Secretary of

Agriculture, that a person that holds a permit

under this paragraph for a marine mammal, or a
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person exercising rights under subparagraph (C),

no longer meets the requirements of subparagraph

(A)(ii) and is not reasonably likely to meet those requirements in the near future, or

‘‘(ii) finds that a person that holds a permit

under this paragraph for a marine mammal, or a

person exercising rights under subparagraph (C),

no longer meets the requirements of subparagraph

(A) (i) or (iii) and is not reasonably likely to meet

those requirements in the near future,

the Secretary may revoke the permit in accordance with

section 104(e), seize the marine mammal, or cooperate

with other persons authorized to hold marine mammals

under this Act for disposition of the marine mammal.

The Secretary may recover from the person expenses incurred by the Secretary for that seizure.

‘‘(E) No marine mammal held pursuant to a permit

issued under subparagraph (A), or by a person exercising rights under subparagraph (C), may be sold, purchased, exported, or transported unless the Secretary is

notified of such action no later than 15 days before such

action, and such action is for purposes of public display,

scientific research, or enhancing the survival or recovery

of a species or stock. The Secretary may only require the
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notification to include the information required for the

inventory established under paragraph (10).’’;

(C) by amending paragraph (3) to read as follows:

‘‘(3)(A) The Secretary may issue a permit under

this paragraph for scientific research purposes to an applicant which submits with its permit application information indicating that the taking is required to further

a bona fide scientific purpose. The Secretary may issue

a permit under this paragraph before the end of the

public review and comment period required under subsection (d)(2) if delaying issuance of the permit could result in injury to a species, stock, or individual, or in loss

of unique research opportunities.

‘‘(B) No permit issued for purposes of scientific research shall authorize the lethal taking of a marine

mammal unless the applicant demonstrates that a

nonlethal method of conducting the research is not feasible. The Secretary shall not issue a permit for research

which involves the lethal taking of a marine mammal

from a species or stock that is depleted, unless the Secretary determines that the results of such research will

directly benefit that species or stock, or that such research fulfills a critically important research need.
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‘‘(C) Not later than 120 days after the date of enactment of the Marine Mammal Protection Act Amendments of 1994, the Secretary shall issue a general authorization and implementing regulations allowing bona

fide scientific research that may result only in taking by

Level B harassment of a marine mammal. Such authorization shall apply to persons which submit, by 60 days

before commencement of such research, a letter of intent

via certified mail to the Secretary containing the following:

‘‘(i) The species or stocks of marine mammals

which may be harassed.

‘‘(ii) The geographic location of the research.

‘‘(iii) The period of time over which the research will be conducted.

‘‘(iv) The purpose of the research, including a

description of how the definition of bona fide research as established under this Act would apply.

‘‘(v) Methods to be used to conduct the research.

Not later than 30 days after receipt of a letter of intent

to conduct scientific research under the general authorization, the Secretary shall issue a letter to the applicant

confirming that the general authorization applies, or, if

the proposed research is likely to result in the taking
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(including Level A harassment) of a marine mammal,

shall notify the applicant that subparagraph (A) applies.’’; and

(D) by adding at the end the following new

paragraphs:

‘‘(5)(A) The Secretary may issue a permit for the

importation of polar bear parts (other than internal organs) taken in sport hunts in Canada, including polar

bears taken but not imported prior to the date of enactment of the Marine Mammal Protection Act Amendments of 1994, to an applicant which submits with its

permit application proof that the polar bear was legally

harvested in Canada by the applicant. Such a permit

shall be issued if the Secretary, in consultation with the

Marine Mammal Commission and after notice and opportunity for public comment, finds that—

‘‘(i) Canada has a monitored and enforced

sport hunting program consistent with the purposes

of the Agreement on the Conservation of Polar

Bears;

‘‘(ii) Canada has a sport hunting program

based on scientifically sound quotas ensuring the

maintenance of the affected population stock at a

sustainable level;
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‘‘(iii) the export and subsequent import are

consistent with the provisions of the Convention on

International Trade in Endangered Species of Wild

Fauna and Flora and other international agreements and conventions; and

‘‘(iv) the export and subsequent import are not

likely to contribute to illegal trade in bear parts.

‘‘(B) The Secretary shall establish and charge a

reasonable fee for permits issued under this paragraph.

All fees collected under this paragraph shall be available

to the Secretary for use in developing and implementing

cooperative research and management programs for the

conservation of polar bears in Alaska and Russia pursuant to section 113(d).

‘‘(C)(i) The Secretary shall undertake a scientific

review of the impact of permits issued under this paragraph on the polar bear population stocks in Canada

within 2 years after the date of enactment of this paragraph. The Secretary shall provide an opportunity for

public comment during the course of such review, and

shall include a response to such public comment in the

final report on such review.

‘‘(ii) The Secretary shall not issue permits under

this paragraph after September 30, 1996, if the Secretary determines, based on the scientific review, that
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the issuance of permits under this paragraph is having

a significant adverse impact on the polar bear population

stocks in Canada. The Secretary may review such determination annually thereafter, in light of the best scientific information available, and shall complete the review not later than January 31 in any year a review is

undertaken. The Secretary may issue permits under this

paragraph whenever the Secretary determines, on the

basis of such annual review, that the issuance of permits

under this paragraph is not having a significant adverse

impact on the polar bear population stocks in Canada.

‘‘(6) A permit may be issued for photography for

educational or commercial purposes involving marine

mammals in the wild only to an applicant which submits

with its permit application information indicating that

the taking will be limited to Level B harassment, and

the manner in which the products of such activities will

be made available to the public.

‘‘(7) Upon request by a person for a permit under

paragraph (2), (3), or (4) for a marine mammal which

is in the possession of any person authorized to possess

it under this Act and which is determined under guidance under section 402(a) not to be releasable to the

wild, the Secretary shall issue the permit to the person

requesting the permit if that person—
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‘‘(A) meets the requirements of clauses (i), (ii),

and (iii) of paragraph (2)(A), in the case of a request for a permit under paragraph (2);

‘‘(B) meets the requirements of paragraph (3),

in the case of a request for a permit under that

paragraph; or

‘‘(C) meets the requirements of paragraph (4),

in the case of a request for a permit under that

paragraph.

‘‘(8)(A) No additional permit or authorization shall

be required to possess, sell, purchase, transport, export,

or offer to sell or purchase the progeny of marine mammals taken or imported under this subsection, if such

possession, sale, purchase, transport, export, or offer to

sell or purchase is—

‘‘(i) for the purpose of public display, and by

or to, respectively, a person which meets the requirements of clauses (i), (ii), and (iii) of paragraph

(2)(A);

‘‘(ii) for the purpose of scientific research, and

by or to, respectively, a person which meets the requirements of paragraph (3); or

‘‘(iii) for the purpose of enhancing the survival

or recovery of a species or stock, and by or to, re-
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spectively, a person which meets the requirements

of paragraph (4).

‘‘(B)(i) A person which has a permit under paragraph (2), or a person exercising rights under paragraph

(2)(C), which has possession of a marine mammal that

gives birth to progeny shall—

‘‘(I) notify the Secretary of the birth of such

progeny within 30 days after the date of birth; and

‘‘(II) notify the Secretary of the sale, purchase,

or transport of such progeny no later than 15 days

before such action.

‘‘(ii) The Secretary may only require notification

under clause (i) to include the information required for

the inventory established under paragraph (10).

‘‘(C) Any progeny of a marine mammal born in captivity before the date of the enactment of the Marine

Mammal Protection Act Amendments of 1994 and held

in captivity for the purpose of public display shall be

treated as though born after that date of enactment.

‘‘(9) No marine mammal may be exported for the

purpose of public display, 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.
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‘‘(10) The Secretary shall establish and maintain an

inventory of all marine mammals possessed pursuant to

permits issued under paragraph (2)(A), by persons exercising rights under paragraph (2)(C), and all progeny of

such marine mammals. The inventory shall contain, for

each marine mammal, only the following information

which shall be provided by a person holding a marine

mammal under this Act:

‘‘(A) The name of the marine mammal or

other identification.

‘‘(B) The sex of the marine mammal.

‘‘(C) The estimated or actual birth date of the

marine mammal.

‘‘(D) The date of acquisition or disposition of

the marine mammal by the permit holder.

‘‘(E) The source from whom the marine mammal was acquired including the location of the take

from the wild, if applicable.

‘‘(F) If the marine mammal is transferred, the

name of the recipient.

‘‘(G) A notation if the animal was acquired as

the result of a stranding.

‘‘(H) The date of death of the marine mammal

and the cause of death when determined.’’; and

(3) in subsection (e)(1) by—
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(A) striking ‘‘or’’ at the end of subparagraph

(A);

(B) striking the period at the end of subparagraph (B) and inserting ‘‘, or’’; and

(C) adding at the end the following new subparagraph:

‘‘(C) if, in the case of a permit under subsection

(c)(5) authorizing importation of polar bear parts, the

Secretary, in consultation with the appropriate authority

in Canada, determines that the sustainability of Canada’s polar bear population stocks are being adversely

affected or that sport hunting may be having a detrimental effect on maintaining polar bear population

stocks throughout their range.’’.

(c) EXISTING PERMITS.—Any permit issued under section 104(c)(2) of the Marine Mammal Protection Act of 1972

(16 U.S.C. 1374(c)(2)) before the date of the enactment of

this Act is hereby modified to be consistent with that section

as amended by this Act.

SEC. 6. PURPOSE AND USE OF THE FUND.

Section 405 (16 U.S.C. 1421d), as so redesignated by

this Act, is amended—

(1) in subsection (b)(1)(A)—

(A) by striking ‘‘and’’ at the end of clause (i);

and
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(B) by inserting at the end the following new

clause:

‘‘(iii) for care and maintenance of marine mammal

seized under section 104(c)(2)(D); and’’; and

(2) in subsection (d) by inserting after ‘‘For purposes of carrying out this title’’ the following: ‘‘and section 104(c)(2)(D)’’.

SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICATION TO

OTHER TREATIES AND CONVENTIONS.

(a) MEASURES FOR IMPACTS ON STRATEGIC STOCKS.—

Section 112 (16 U.S.C. 1382) is amended by adding at the

end the following new subsection:

‘‘(e) If the Secretary determines, based on a stock assessment under section 117 or other significant new information obtained under this Act, that impacts on rookeries, mating grounds, or other areas of similar ecological significance

to marine mammals may be causing the decline or impeding

the recovery of a strategic stock, the Secretary may develop

and implement conservation or management measures to alleviate those impacts. Such measures shall be developed and

implemented after consultation with the Marine Mammal

Commission and the appropriate Federal agencies and after

notice and opportunity for public comment.’’.

(b) INTERNATIONAL POLAR BEAR CONSERVATION.—

Section 113 (16 U.S.C. 1383) is amended by—
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(1) designating the existing paragraph as subsection

(a); and

(2) adding at the end the following new subsections:

‘‘(b) Not later than 1 year after the date of enactment

of the Marine Mammal Protection Act Amendments of 1994,

the Secretary of the Interior shall, in consultation with the

contracting parties, initiate a review of the effectiveness of

the Agreement on the Conservation of Polar Bears, as provided for in Article IX of the Agreement, and establish a

process by which future reviews shall be conducted.

‘‘(c) The Secretary of the Interior, in consultation with

the Secretary of State and the Marine Mammal Commission,

shall review the effectiveness of United States implementation

of the Agreement on the Conservation of Polar Bears, particularly with respect to the habitat protection mandates contained in Article II. The Secretary shall report the results of

this review to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate not

later than April 1, 1995.

‘‘(d) Not later than 6 months after the date of enactment of the Marine Mammal Protection Act Amendments of

1994, the Secretary of the Interior, acting through the Secretary of State and in consultation with the Marine Mammal

Commission and the State of Alaska, shall consult with the
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appropriate officials of the Russian Federation on the development and implementation of enhanced cooperative research

and management programs for the conservation of polar

bears in Alaska and Russia. The Secretary shall report the

results of this consultation and provide periodic progress reports on the research and management programs to the Committee on Merchant Marine and Fisheries of the House of

Representatives and the Committee on Commerce, Science

and Transportation of the Senate.’’.

SEC. 8. CONSERVATION PLANS.

Section 115(b) (16 U.S.C. 1383b(b)) is amended by adding at the end the following new paragraph:

‘‘(4) If the Secretary determines that a take reduction

plan is necessary to reduce the incidental taking of marine

mammals in the course of commercial fishing operations from

a strategic stock, or for species or stocks which interact with

a commercial fishery for which the Secretary has made a determination under section 118(f)(1), any conservation plan

prepared under this subsection for such species or stock shall

incorporate the take reduction plan required under section

118 for such species or stock.’’.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) DEPARTMENTS OF COMMERCE AND THE INTERIOR.—Section 116 is amended to read as follows:
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‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

‘‘(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, $12,138,000 for fiscal year 1994, $12,623,000 for fiscal

year 1995, $13,128,000 for fiscal year 1996, $13,653,000 for

fiscal year 1997, $14,200,000 for fiscal year 1998, and

$14,768,000 for fiscal year 1999.

‘‘(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 1994

through 1999.

‘‘(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, $8,000,000 for fiscal year 1994,

$8,600,000 for fiscal year 1995, $9,000,000 for fiscal year

1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal

year 1998, and $10,296,000 for fiscal year 1999.’’.

(b) MARINE MAMMAL COMMISSION.—Section 207 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,

$1,500,000 for fiscal year 1994, $1,550,000 for fiscal year
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1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal

year 1997, $1,700,000 for fiscal year 1998, and $1,750,000

for fiscal year 1999.’’.

(c) REPEAL.—Section 7 of the Act entitled ‘‘An Act to

improve the operation of the Marine Mammal Protection Act

of 1972, and for other purposes’’, approved October 9, 1981

(16 U.S.C. 1384 and 1407), is repealed.

SEC. 10. STOCK ASSESSMENTS.

Title I (16 U.S.C. 1371 et seq.) is amended by adding

at the end the following new section:

‘‘SEC. 117. STOCK ASSESSMENTS.

‘‘(a) IN GENERAL.—Not later than August 1, 1994, the

Secretary shall, in consultation with the appropriate regional

scientific review group established under subsection (d), prepare a draft stock assessment for each marine mammal stock

which occurs in waters under the jurisdiction of the United

States. Each draft stock assessment, based on the best scientific information available, shall—

‘‘(1) describe the geographic range of the affected

stock, including any seasonal or temporal variation in

such range;

‘‘(2) provide for such stock the minimum population

estimate, current and maximum net productivity rates,

and current population trend, including a description of

the information upon which these are based;
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‘‘(3) estimate the annual human-caused mortality

and serious injury of the stock by source and, for a strategic stock, other factors that may be causing a decline

or impeding recovery of the stock, including effects on

marine mammal habitat and prey;

‘‘(4) describe commercial fisheries that interact with

the stock, including—

‘‘(A) the approximate number of vessels actively participating in each such fishery;

‘‘(B) the estimated level of incidental mortality

and serious injury of the stock by each such fishery

on an annual basis;

‘‘(C) seasonal or area differences in such incidental mortality or serious injury; and

‘‘(D) the rate, based on the appropriate standard unit of fishing effort, of such incidental mortality and serious injury, and an analysis stating

whether such level is insignificant and is approaching a zero mortality and serious injury rate;

‘‘(5) categorize the status of the stock as one that

either—

‘‘(A) has a level of human-caused mortality

and serious injury that is not likely to cause the

stock to be reduced below its optimum sustainable

population; or
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‘‘(B) is a strategic stock, with a description of

the reasons therefor; and

‘‘(6) estimate the potential biological removal level

for the stock, describing the information used to calculate it, including the recovery factor.

‘‘(b) PUBLIC COMMENT.—(1) The Secretary shall publish in the Federal Register a notice of the availability of a

draft stock assessment or any revision thereof and provide an

opportunity for public review and comment during a period

of 90 days. Such notice shall include a summary of the assessment and a list of the sources of information or published

reports upon which the assessment is based.

‘‘(2) Subsequent to the notice of availability required

under paragraph (1), if requested by a person to which section 101(b) applies, the Secretary shall conduct a proceeding

on the record prior to publishing a final stock assessment or

any revision thereof for any stock subject to taking under

section 101(b).

‘‘(3) After consideration of the best scientific information available, the advice of the appropriate regional scientific

review group established under subsection (d), and the comments of the general public, the Secretary shall publish in the

Federal Register a notice of availability and a summary of

the final stock assessment or any revision thereof, not later

than 90 days after—
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‘‘(A) the close of the public comment period on a

draft stock assessment or revision thereof; or

‘‘(B) final action on an agency proceeding pursuant

to paragraph (2).

‘‘(c) REVIEW AND REVISION.—(1) The Secretary shall

review stock assessments in accordance with this subsection—

‘‘(A) at least annually for stocks which are specified

as strategic stocks;

‘‘(B) at least annually for stocks for which significant new information is available; and

‘‘(C) at least once every 3 years for all other stocks.

‘‘(2) If the review under paragraph (1) indicates that the

status of the stock has changed or can be more accurately

determined, the Secretary shall revise the stock assessment in

accordance with subsection (b).

‘‘(d) REGIONAL SCIENTIFIC REVIEW GROUPS.—(1) Not

later than 60 days after the date of enactment of this section,

the Secretary of Commerce shall, in consultation with the

Secretary of the Interior (with respect to marine mammals

under that Secretary’s jurisdiction), the Marine Mammal

Commission, the Governors of affected adjacent coastal

States, regional fishery and wildlife management authorities,

Alaska Native organizations and Indian tribes, and environmental and fishery groups, establish three independent re-
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gional scientific review groups representing Alaska, the Pacific Coast (including Hawaii), and the Atlantic Coast (including the Gulf of Mexico), consisting of individuals with expertise in marine mammal biology and ecology, population dynamics and modeling, commercial fishing technology and

practices, and stocks taken under section 101(b). The Secretary of Commerce shall, to the maximum extent practicable,

attempt to achieve a balanced representation of viewpoints

among the individuals on each regional scientific review

group. The regional scientific review groups shall advise the

Secretary on—

‘‘(A) population estimates and the population status

and trends of such stocks;

‘‘(B) uncertainties and research needed regarding

stock separation, abundance, or trends, and factors affecting the distribution, size, or productivity of the stock;

‘‘(C) uncertainties and research needed regarding

the species, number, ages, gender, and reproductive status of marine mammals;

‘‘(D) research needed to identify modifications in

fishing gear and practices likely to reduce the incidental

mortality and serious injury of marine mammals in commercial fishing operations;

‘‘(E) the actual, expected, or potential impacts of

habitat destruction, including marine pollution and natu-
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ral environmental change, on specific marine mammal

species or stocks, and for strategic stocks, appropriate

conservation or management measures to alleviate any

such impacts; and

‘‘(F) any other issue which the Secretary or the

groups consider appropriate.

‘‘(2) The scientific review groups established under this

subsection shall not be subject to the Federal Advisory Committee Act (5 App. U.S.C.).

‘‘(3) Members of the scientific review groups shall serve

without compensation, but may be reimbursed by the Secretary, upon request, for reasonable travel costs and expenses

incurred in performing their obligations.

‘‘(4) The Secretary may appoint or reappoint individuals

to the regional scientific review groups under paragraph (1)

as needed.

‘‘(e) EFFECT ON SECTION 101(b).—This section shall

not affect or otherwise modify the provisions of section

101(b).’’.

SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING OPERATIONS.

Title I (16 U.S.C. 1371 et seq.), as amended by this

Act, is further amended by adding at the end the following

new section:
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‘‘SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO

COMMERCIAL FISHING OPERATIONS.

‘‘(a) IN GENERAL.—(1) Effective on the date of enactment of this section, and except as provided in section 114

and in paragraphs (2), (3), and (4) of this subsection, the

provisions of this section shall govern the incidental taking of

marine mammals in the course of commercial fishing operations by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary

in accordance with section 204(b) of the Magnuson Fishery

Conservation and Management Act (16 U.S.C. 1824(b)). In

any event it shall be the immediate goal that the incidental

mortality or serious injury of marine mammals occurring in

the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate within 7 years after the date of enactment of this

section.

‘‘(2) In the case of the incidental taking of marine mammals from species or stocks designated under this Act as depleted on the basis of their listing as threatened species or

endangered species under the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.), both this section and section

101(a)(5)(E) of this Act shall apply.

‘‘(3) Sections 104(h) and title III, and not this section,

shall govern the taking of marine mammals in the course of
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commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean.

‘‘(4) This section shall not govern the incidental taking

of California sea otters and shall not be deemed to amend or

repeal the Act of November 7, 1986 (Public Law 99–625;

100 Stat. 3500).

‘‘(5) Except as provided in section 101(c), the intentional lethal take of any marine mammal in the course of

commercial fishing operations is prohibited.

‘‘(6) Sections 103 and 104 shall not apply to the incidental taking of marine mammals under the authority of this

section.

‘‘(b) ZERO MORTALITY RATE GOAL.—(1) Commercial

fisheries shall reduce incidental mortality and serious injury

of marine mammals to insignificant levels approaching a zero

mortality and serious injury rate within 7 years after the date

of enactment of this section.

‘‘(2) Fisheries which maintain insignificant serious injury and mortality levels approaching a zero rate shall not be

required to further reduce their mortality and serious injury

rates.

‘‘(3) Three years after such date of enactment, the Secretary shall review the progress of all commercial fisheries, by

fishery, toward reducing incidental mortality and serious injury to insignificant levels approaching a zero rate. The Sec-
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retary shall submit to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives

a report setting forth the results of such review within 1 year

after commencement of the review. The Secretary shall note

any commercial fishery for which additional information is required to accurately assess the level of incidental mortality

and serious injury of marine mammals in the fishery.

‘‘(4) If the Secretary determines after review under

paragraph (3) that the rate of incidental mortality and serious injury of marine mammals in a commercial fishery is not

consistent with paragraph (1), then the Secretary shall take

appropriate action under subsection (f).

‘‘(c) REGISTRATION AND AUTHORIZATION.—(1) The

Secretary shall, within 90 days after the date of enactment

of this section—

‘‘(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 commercial fisheries published under section 114(b)(1) and which is in

existence on March 31, 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
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such fishery), with respect to commercial fisheries that

have—

‘‘(i) frequent incidental mortality and serious

injury of marine mammals;

‘‘(ii) occasional incidental mortality and serious

injury of marine mammals; or

‘‘(iii) a remote likelihood of or no known incidental mortality or serious injury of marine mammals;

‘‘(B) after the close of the period for such public

comment, publish in the Federal Register a revised list

of commercial fisheries and an update of information required by subparagraph (A), together with a summary of

the provisions of this section and information sufficient

to advise vessel owners on how to obtain an authorization and otherwise comply with the requirements of this

section; and

‘‘(C) at least once each year thereafter, and at such

other times as the Secretary considers appropriate, reexamine, based on information gathered under this Act

and other relevant sources and after notice and opportunity for public comment, the classification of commercial fisheries and other determinations required under

subparagraph (A) and publish in the Federal Register

any necessary changes.
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‘‘(2)(A) An authorization shall be granted by the Secretary in accordance with this section for a vessel engaged in

a commercial fishery listed under paragraph (1)(A) (i) or (ii),

upon receipt by the Secretary of a completed registration

form providing the name of the vessel owner and operator,

the name and description of the vessel, the fisheries in which

it will be engaged, the approximate time, duration, and location of such fishery operations, and the general type and nature of use of the fishing gear and techniques used. Such information shall be in a readily usable format that can be efficiently entered into and utilized by an automated or computerized data processing system. A decal or other physical evidence that the authorization is current and valid shall be issued by the Secretary at the time an authorization is granted,

and so long as the authorization remains current and valid,

shall be reissued annually thereafter.

‘‘(B) No authorization may be granted under this section to the owner of a vessel unless such vessel—

‘‘(i) is a vessel of the United States; or

‘‘(ii) has a valid fishing permit issued by the Secretary in accordance with section 204(b) of the Magnuson Fishery Conservation and Management Act (16

U.S.C. 1824(b)).

‘‘(C) Except as provided in subsection (a), an authorization granted under this section shall allow the incidental tak-
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ing of all species and stocks of marine mammals to which

this Act applies.

‘‘(3)(A) An owner of a vessel engaged in any fishery listed under paragraph (1)(A) (i) or (ii) shall, in order to engage

in the lawful incidental taking of marine mammals in a commercial fishery—

‘‘(i) have registered as required under paragraph

(2) with the Secretary in order to obtain for each such

vessel owned and used in the fishery an authorization for

the purpose of incidentally taking marine mammals in

accordance with this section, except that owners of vessels holding valid certificates of exemption under section

114 are deemed to have registered for purposes of this

subsection for the period during which such exemption

is valid;

‘‘(ii) ensure that a decal or such other physical evidence of a current and valid authorization as the Secretary may require is displayed on or is in the possession

of the master of each such vessel;

‘‘(iii) report as required by subsection (e); and

‘‘(iv) comply with any applicable take reduction

plan and emergency regulations issued under this section.

‘‘(B) Any owner of a vessel receiving an authorization

under this section for any fishery listed under paragraph
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(1)(A) (i) or (ii) shall, as a condition of that authorization,

take on board an observer if requested to do so by the Secretary.

‘‘(C) An owner of a vessel engaged in a fishery listed

under paragraph (1)(A) (i) or (ii) who—

‘‘(i) fails to obtain from the Secretary an authorization for such vessel under this section;

‘‘(ii) fails to maintain a current and valid authorization for such vessel; or

‘‘(iii) fails to ensure that a decal or other physical

evidence of such authorization issued by the Secretary is

displayed on or is in possession of the master of the vessel,

and the master of any such vessel engaged in such fishery,

shall be deemed to have violated this title, and for violations

of clauses (i) and (ii) shall be subject to the penalties of this

title, and for violations of clause (iii) shall be subject to a fine

of not more than $100 for each offense.

‘‘(D) If the owner of a vessel has obtained and maintains a current and valid authorization from the Secretary

under this section and meets the requirements set forth in

this section, including compliance with any regulations to implement a take reduction plan under this section, the owner

of such vessel, and the master and crew members of the vessel, shall not be subject to the penalties set forth in this title
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for the incidental taking of marine mammals while such vessel is engaged in a fishery to which the authorization applies.

‘‘(E) Each owner of a vessel engaged in any fishery not

listed under paragraph (1)(A) (i) or (ii), and the master and

crew members of such a vessel, shall not be subject to the

penalties set forth in this title for the incidental taking of

marine mammals if such owner reports to the Secretary, in

the form and manner required under subsection (e), instances

of incidental mortality or injury of marine mammals in the

course of that fishery.

‘‘(4)(A) The Secretary shall suspend or revoke an authorization granted under this section and shall not issue a

decal or other physical evidence of the authorization for any

vessel until the owner of such vessel complies with the reporting requirements under subsection (e) and such requirements

to take on board an observer under paragraph (3)(B) as are

applicable to such vessel. Previous failure to comply with the

requirements of section 114 shall not bar authorization under

this section for an owner who complies with the requirements

of this section.

‘‘(B) The Secretary may suspend or revoke an authorization granted under this subsection, and may not issue a

decal or other physical evidence of the authorization for any

vessel which fails to comply with a take reduction plan or

emergency regulations issued under this section.
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‘‘(C) The owner and master of a vessel which fails to

comply with a take reduction plan shall be subject to the penalties of sections 105 and 107, and may be subject to section

106.

‘‘(5)(A) The Secretary shall develop, in consultation with

the appropriate States, affected Regional Fishery Management Councils, and other interested persons, the means by

which the granting and administration of authorizations

under this section shall be integrated and coordinated, to the

maximum extent practicable, with existing fishery licenses,

registrations, and related programs.

‘‘(B) The Secretary shall utilize newspapers of general

circulation, fishery trade associations, electronic media, and

other means of advising commercial fishermen of the provisions of this section and the means by which they can comply

with its requirements.

‘‘(C) The Secretary is authorized to charge a fee for the

granting of an authorization under this section. The level of

fees charged under this subparagraph shall not exceed the administrative costs incurred in granting an authorization. Fees

collected under this subparagraph shall be available to the

Under Secretary of Commerce for Oceans and Atmosphere

for expenses incurred in the granting and administration of

authorizations under this section.
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‘‘(d) MONITORING OF INCIDENTAL TAKES.—(1) The

Secretary shall establish a program to monitor incidental

mortality and serious injury of marine mammals during the

course of commercial fishing operations. The purposes of the

monitoring program shall be to—

‘‘(A) obtain statistically reliable estimates of incidental mortality and serious injury;

‘‘(B) determine the reliability of reports of incidental mortality and serious injury under subsection (e);

and

‘‘(C) identify changes in fishing methods or technology that may increase or decrease incidental mortality

and serious injury.

‘‘(2) Pursuant to paragraph (1), the Secretary may place

observers on board vessels as necessary, subject to the provisions of this section. Observers may, among other tasks—

‘‘(A) record incidental mortality and injury, or by

catch of other nontarget species;

‘‘(B) record numbers of marine mammals sighted;

and

‘‘(C) perform other scientific investigations.

‘‘(3) In determining the distribution of observers among

commercial fisheries and vessels within a fishery, the Secretary shall be guided by the following standards:
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‘‘(A) The requirement to obtain statistically reliable

information.

‘‘(B) The requirement that assignment of observers

is fair and equitable among fisheries and among vessels

in a fishery.

‘‘(C) The requirement that no individual person or

vessel, or group of persons or vessels, be subject to excessive or overly burdensome observer coverage.

‘‘(D) To the extent practicable, the need to minimize costs and avoid duplication.

‘‘(4) To the extent practicable, the Secretary shall allocate observers among commercial fisheries in accordance with

the following priority:

‘‘(A) The highest priority for allocation shall be for

commercial fisheries that have incidental mortality or serious injury of marine mammals from stocks listed as

endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

‘‘(B) The second highest priority for allocation shall

be for commercial fisheries that have incidental mortality

and serious injury of marine mammals from strategic

stocks.

‘‘(C) The third highest priority for allocation shall

be for commercial fisheries that have incidental mortality

or serious injury of marine mammals from stocks for
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which the level of incidental mortality and serious injury

is uncertain.

‘‘(5) The Secretary may establish an alternative observer

program to provide statistically reliable information on the

species and number of marine mammals incidentally taken in

the course of commercial fishing operations. The alternative

observer program may include direct observation of fishing

activities from vessels, airplanes, or points on shore.

‘‘(6) The Secretary is not required to place an observer

on a vessel in a fishery if the Secretary finds that—

‘‘(A) in a situation in which harvesting vessels are

delivering fish to a processing vessel and the catch is not

taken on board the harvesting vessel, statistically reliable

information can be obtained from an observer on board

the processing vessel to which the fish are delivered;

‘‘(B) the facilities on a vessel for quartering of an

observer, or for carrying out observer functions, are so

inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; or

‘‘(C) for reasons beyond the control of the Secretary, an observer is not available.

‘‘(7) The Secretary may, with the consent of the vessel

owner, station an observer on board a vessel engaged in a

fishery not listed under subsection (c)(1)(A) (i) or (ii).
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‘‘(8) Any proprietary information collected under this

subsection shall be confidential and shall not be disclosed except—

‘‘(A) to Federal employees whose duties require access to such information;

‘‘(B) to State or tribal employees pursuant to an

agreement with the Secretary that prevents public disclosure of the identity or business of any person;

‘‘(C) when required by court order; or

‘‘(D) in the case of scientific information involving

fisheries, to employees of Regional Fishery Management

Councils who are responsible for fishery management

plan development and monitoring.

‘‘(9) The Secretary shall prescribe such procedures as

may be necessary to preserve such confidentiality, except that

the Secretary shall release or make public upon request any

such information in aggregate, summary, or other form which

does not directly or indirectly disclose the identity or business

of any person.

‘‘(e) REPORTING REQUIREMENT.—The owner or operator of a commercial fishing vessel subject to this Act shall report all incidental mortality and injury of marine mammals

in the course of commercial fishing operations to the Secretary by mail or other means acceptable to the Secretary

within 48 hours after the end of each fishing trip on a stand-
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ard postage-paid form to be developed by the Secretary under

this section. Such form shall be capable of being readily entered into and usable by an automated or computerized data

processing system and shall require the vessel owner or operator to provide the following:

‘‘(1) The vessel name, and Federal, State, or tribal

registration numbers of the registered vessel.

‘‘(2) The name and address of the vessel owner or

operator.

‘‘(3) The name and description of the fishery.

‘‘(4) The species of each marine mammal incidentally killed or injured, and the date, time, and approximate geographic location of such occurrence.

‘‘(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 commercial fishery listed under

subsection (c)(1)(A) (i) or (ii), and may develop and implement such a plan for any other marine mammal stocks which

interact with a commercial 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.
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‘‘(2) The immediate goal of a take reduction plan for a

strategic stock shall be to reduce, within 6 months of its implementation, the incidental mortality or serious injury of

marine mammals incidentally taken in the course of commercial fishing operations to levels less than the potential biological removal level established for that stock under section 117.

The long-term goal of the plan shall be to reduce, within 5

years of its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in the

course of commercial fishing operations to insignificant levels

approaching a zero mortality and serious injury rate, taking

into account the economics of the fishery, the availability of

existing technology, and existing State or regional fishery

management plans.

‘‘(3) If there is insufficient funding available to develop

and implement a take reduction plan for all such stocks that

interact with commercial fisheries listed under subsection

(c)(1)(A) (i) or (ii), the Secretary shall give highest priority

to the development and implementation of take reduction

plans for species or stocks whose level of incidental mortality

and serious injury exceeds the potential biological removal

level, those that have a small population size, and those which

are declining most rapidly.

‘‘(4) Each take reduction plan shall include—
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‘‘(A) a review of the information in the final stock

assessment published under section 117(b) and any substantial new information;

‘‘(B) an estimate of the total number and, if possible, age and gender, of animals from the stock that are

being incidentally lethally taken or seriously injured each

year during the course of commercial fishing operations,

by fishery;

‘‘(C) recommended regulatory or voluntary measures for the reduction of incidental mortality and serious

injury; and

‘‘(D) recommended dates for achieving the specific

objectives of the plan.

‘‘(5)(A) For any stock in which incidental mortality and

serious injury from commercial fisheries exceeds the potential

biological removal level established under section 117, the

plan shall include measures the Secretary expects will reduce,

within 6 months of the plan’s implementation, such mortality

and serious injury to a level below the potential biological removal level.

‘‘(B) For any stock in which human-caused mortality

and serious injury exceeds the potential biological removal

level, other than a stock to which subparagraph (A) applies,

the plan shall include measures the Secretary expects will reduce, to the maximum extent practicable within 6 months of
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the plan’s implementation, the incidental mortality and serious injury by such commercial fisheries from that stock. For

purposes of this subparagraph, the term ‘maximum extent

practicable’ means to the lowest level that is feasible for such

fisheries within the 6-month period.

‘‘(6)(A) At the earliest possible time (not later than 30

days) after the Secretary issues a final stock assessment

under section 117(b) for a strategic stock, the Secretary

shall, and for stocks that interact with a fishery listed under

subsection (c)(1)(A)(i) for which the Secretary has made a

determination under paragraph (1), the Secretary may—

‘‘(i) establish a take reduction team for such stock

and appoint the members of such team in accordance

with subparagraph (C); and

‘‘(ii) publish in the Federal Register a notice of the

team’s establishment, the names of the team’s appointed

members, the full geographic range of such stock, and

a list of all commercial fisheries that cause incidental

mortality and serious injury of marine mammals from

such stock.

‘‘(B) The Secretary may request a take reduction team

to address a stock that extends over one or more regions or

fisheries, or multiple stocks within a region or fishery, if the

Secretary determines that doing so would facilitate the devel-
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opment and implementation of plans required under this subsection.

‘‘(C) Members of take reduction teams shall have expertise regarding the conservation or biology of the marine mammal species which the take reduction plan will address, or the

fishing practices which result in the incidental mortality and

serious injury of such species. Members shall include representatives of Federal agencies, each coastal State which has

fisheries which interact with the species or stock, appropriate

Regional Fishery Management Councils, interstate fisheries

commissions, academic and scientific organizations, environmental groups, all commercial and recreational fisheries

groups and gear types which incidentally take the species or

stock, Alaska Native organizations or Indian tribal organizations, and others as the Secretary deems appropriate. Take

reduction teams shall, to the maximum extent practicable,

consist of an equitable balance among representatives of resource user interests and nonuser interests.

‘‘(D) Take reduction teams shall not be subject to the

Federal Advisory Committee Act (5 App. U.S.C.). Meetings

of take reduction teams shall be open to the public, and prior

notice of meetings shall be made public in a timely fashion.

‘‘(E) Members of take reduction teams shall serve without compensation, but may be reimbursed by the Secretary,
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upon request, for reasonable travel costs and expenses incurred in performing their duties as members of the team.

‘‘(7) Where the human-caused mortality and serious injury from a strategic stock is estimated to be equal to or

greater than the potential biological removal level established

under section 117 for such stock and such stock interacts

with a fishery listed under subsection (c)(1)(A) (i) or (ii), the

following procedures shall apply in the development of the

take reduction plan for the stock:

‘‘(A)(i) Not later than 6 months after the date of

establishment of a take reduction team for the stock, the

team shall submit a draft take reduction plan for such

stock to the Secretary, consistent with the other provisions of this section.

‘‘(ii) Such draft take reduction plan shall be developed by consensus. In the event consensus cannot be

reached, the team shall advise the Secretary in writing

on the range of possibilities considered by the team, and

the views of both the majority and minority.

‘‘(B)(i) The Secretary shall take the draft take reduction plan into consideration and, not later than 60

days after the submission of the draft plan by the team,

the Secretary shall publish in the Federal Register the

plan proposed by the team, any changes proposed by the

Secretary with an explanation of the reasons therefor,
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and proposed regulations to implement such plan, for

public review and comment during a period of not to exceed 90 days.

‘‘(ii) In the event that the take reduction team does

not submit a draft plan to the Secretary within 6

months, the Secretary shall, not later than 8 months

after the establishment of the team, publish in the Federal Register a proposed take reduction plan and implementing regulations, for public review and comment during a period of not to exceed 90 days.

‘‘(C) Not later than 60 days after the close of the

comment period required under subparagraph (B), the

Secretary shall issue a final take reduction plan and implementing regulations, consistent with the other provisions of this section.

‘‘(D) The Secretary shall, during a period of 30

days after publication of a final take reduction plan, utilize newspapers of general circulation, fishery trade associations, electronic media, and other means of advising

commercial fishermen of the requirements of the plan

and how to comply with them.

‘‘(E) The Secretary and the take reduction team

shall meet every 6 months, or at such other intervals as

the Secretary determines are necessary, to monitor the

implementation of the final take reduction plan until
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such time that the Secretary determines that the objectives of such plan have been met.

‘‘(F) The Secretary shall amend the take reduction

plan and implementing regulations as necessary to meet

the requirements of this section, in accordance with the

procedures in this section for the issuance of such plans

and regulations.

‘‘(8) Where the human-caused mortality and serious injury from a strategic stock is estimated to be less than the

potential biological removal level established under section

117 for such stock and such stock interacts with a fishery

listed under subsection (c)(1)(A) (i) or (ii), or for any marine

mammal stocks which interact with a commercial fishery listed under subsection (c)(1)(A)(i) for which the Secretary has

made a determination under paragraph (1), the following procedures shall apply in the development of the take reduction

plan for such stock:

‘‘(A)(i) Not later than 11 months after the date of

establishment of a take reduction team for the stock, the

team shall submit a draft take reduction plan for the

stock to the Secretary, consistent with the other provisions of this section.

‘‘(ii) Such draft take reduction plan shall be developed by consensus. In the event consensus cannot be

reached, the team shall advise the Secretary in writing
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on the range of possibilities considered by the team, and

the views of both the majority and minority.

‘‘(B)(i) The Secretary shall take the draft take reduction plan into consideration and, not later than 60

days after the submission of the draft plan by the team,

the Secretary shall publish in the Federal Register the

plan proposed by the team, any changes proposed by the

Secretary with an explanation of the reasons therefor,

and proposed regulations to implement such plan, for

public review and comment during a period of not to exceed 90 days.

‘‘(ii) In the event that the take reduction team does

not submit a draft plan to the Secretary within 11

months, the Secretary shall, not later than 13 months

after the establishment of the team, publish in the Federal Register a proposed take reduction plan and implementing regulations, for public review and comment during a period of not to exceed 90 days.

‘‘(C) Not later than 60 days after the close of the

comment period required under subparagraph (B), the

Secretary shall issue a final take reduction plan and implementing regulations, consistent with the other provisions of this section.

‘‘(D) The Secretary shall, during a period of 30

days after publication of a final take reduction plan, uti-
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lize newspapers of general circulation, fishery trade associations, electronic media, and other means of advising

commercial fishermen of the requirements of the plan

and how to comply with them.

‘‘(E) The Secretary and the take reduction team

shall meet on an annual basis, or at such other intervals

as the Secretary determines are necessary, to monitor

the implementation of the final take reduction plan until

such time that the Secretary determines that the objectives of such plan have been met.

‘‘(F) The Secretary shall amend the take reduction

plan and implementing regulations as necessary to meet

the requirements of this section, in accordance with the

procedures in this section for the issuance of such plans

and regulations.

‘‘(9) In implementing a take reduction plan developed

pursuant to this subsection, the Secretary may, where necessary to implement a take reduction plan to protect or restore a marine mammal stock or species covered by such

plan, promulgate regulations which include, but are not limited to, measures to—

‘‘(A) establish fishery-specific limits on incidental

mortality and serious injury of marine mammals in commercial fisheries or restrict commercial fisheries by time

or area;
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‘‘(B) require the use of alternative commercial fishing gear or techniques and new technologies, encourage

the development of such gear or technology, or convene

expert skippers’ panels;

‘‘(C) educate commercial fishermen, through workshops and other means, on the importance of reducing

the incidental mortality and serious injury of marine

mammals in affected commercial fisheries; and

‘‘(D) monitor, in accordance with subsection (d),

the effectiveness of measures taken to reduce the level

of incidental mortality and serious injury of marine

mammals in the course of commercial fishing operations.

‘‘(10)(A) Notwithstanding paragraph (6), in the case of

any stock to which paragraph (1) applies for which a final

stock assessment has not been published under section

117(b)(3) by April 1, 1995, due to a proceeding under section 117(b)(2), or any Federal court review of such proceeding, the Secretary shall establish a take reduction team under

paragraph (6) for such stock as if a final stock assessment

had been published.

‘‘(B) The draft stock assessment published for such

stock under section 117(b)(1) shall be deemed the final stock

assessment for purposes of preparing and implementing a

take reduction plan for such stock under this section.
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‘‘(C) Upon publication of a final stock assessment for

such stock under section 117(b)(3) the Secretary shall immediately reconvene the take reduction team for such stock for

the purpose of amending the take reduction plan, and any

regulations issued to implement such plan, if necessary, to reflect the final stock assessment or court action. Such amendments shall be made in accordance with paragraph (7)(F) or

(8)(F), as appropriate.

‘‘(D) A draft stock assessment may only be used as the

basis for a take reduction plan under this paragraph for a

period of not to exceed two years, or until a final stock assessment is published, whichever is earlier. If, at the end of

the two-year period, a final stock assessment has not been

published, the Secretary shall categorize such stock under

section 117(a)(5)(A) and shall revoke any regulations to implement a take reduction plan for such stock.

‘‘(E) Subparagraph (D) shall not apply for any period

beyond two years during which a final stock assessment for

such stock has not been published due to review of a proceeding on such stock assessment by a Federal court. Immediately upon final action by such court, the Secretary shall

proceed under subparagraph (C).

‘‘(11) Take reduction plans developed under this section

for a species or stock listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16
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U.S.C. 1531 et seq.) shall be consistent with any recovery

plan developed for such species or stock under section 4 of

such Act.

‘‘(g) EMERGENCY REGULATIONS.—(1) If the Secretary

finds that the incidental mortality and serious injury of marine mammals from commercial fisheries is having, or is likely to have, an immediate and significant adverse impact on

a stock or species, the Secretary shall take actions as follows:

‘‘(A) In the case of a stock or species for which a

take reduction plan is in effect, the Secretary shall—

‘‘(i) prescribe emergency regulations that, consistent with such plan to the maximum extent practicable, reduce incidental mortality and serious injury in that fishery; and

‘‘(ii) approve and implement, on an expedited

basis, any amendments to such plan that are recommended by the take reduction team to address

such adverse impact.

‘‘(B) In the case of a stock or species for which a

take reduction plan is being developed, the Secretary

shall—

‘‘(i) prescribe emergency regulations to reduce

such incidental mortality and serious injury in that

fishery; and
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‘‘(ii) approve and implement, on an expedited

basis, such plan, which shall provide methods to address such adverse impact if still necessary.

‘‘(C) In the case of a stock or species for which a

take reduction plan does not exist and is not being developed, or in the case of a commercial fishery listed under

subsection (c)(1)(A)(iii) which the Secretary believes

may be contributing to such adverse impact, the Secretary shall—

‘‘(i) prescribe emergency regulations to reduce

such incidental mortality and serious injury in that

fishery, to the extent necessary to mitigate such adverse impact;

‘‘(ii) immediately review the stock assessment

for such stock or species and the classification of

such commercial fishery under this section to determine if a take reduction team should be established;

and

‘‘(iii) may, where necessary to address such adverse impact on a species or stock listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.), place observers on vessels in a commercial

fishery listed under subsection (c)(1)(A)(iii), if the

Secretary has reason to believe such vessels may be
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causing the incidental mortality and serious injury

to marine mammals from such stock.

‘‘(2) Prior to taking action under paragraph (1) (A),

(B), or (C), the Secretary shall consult with the Marine

Mammal Commission, all appropriate Regional Fishery Management Councils, State fishery managers, and the appropriate take reduction team (if established).

‘‘(3) Emergency regulations prescribed under this subsection—

‘‘(A) shall be published in the Federal Register, together with an explanation thereof;

‘‘(B) shall remain in effect for not more than 180

days or until the end of the applicable commercial fishing season, whichever is earlier; and

‘‘(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, if the Secretary determines that the

reasons for emergency regulations no longer exist.

‘‘(4) If the Secretary finds that incidental mortality and

serious injury of marine mammals in a commercial fishery is

continuing to have an immediate and significant adverse impact on a stock or species, the Secretary may extend the

emergency regulations for an additional period of not more

than 90 days or until reasons for the emergency no longer

exist, whichever is earlier.
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‘‘(h) PENALTIES.—Except as provided in subsection (c),

any person who violates this section shall be subject to the

provisions of sections 105 and 107, and may be subject to

section 106 as the Secretary shall establish by regulations.

‘‘(i) ASSISTANCE.—The Secretary shall provide assistance to Regional Fishery Management Councils, States,

interstate fishery commissions, and Indian tribal organizations in meeting the goal of reducing incidental mortality and

serious injury to insignificant levels approaching a zero mortality and serious injury rate.

‘‘(j) CONTRIBUTIONS.—For purposes of carrying out this

section, the Secretary may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.

‘‘(k) CONSULTATION WITH SECRETARY OF THE INTERIOR.—The Secretary shall consult with the Secretary of the

Interior prior to taking actions or making determinations

under this section that affect or relate to species or population stocks of marine mammals for which the Secretary of

the Interior is responsible under this title.

‘‘(l) DEFINITIONS.—As used in this section and section

101(a)(5)(E), each of the terms ‘fishery’ and ‘vessel of the

United States’ has the same meaning it does in section 3 of

the Magnuson Fishery Conservation and Management Act

(16 U.S.C. 1802).’’.
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SEC. 12. DEFINITIONS.

Section 3 (16 U.S.C. 1362) is amended by adding at the

end the following:

‘‘(18)(A) The term ‘harassment’ means any act of

pursuit, torment, or annoyance which—

‘‘(i) has the potential to injure a marine mammal or marine mammal stock in the wild; or

‘‘(ii) has the potential to disturb a marine

mammal or marine mammal stock in the wild by

causing disruption of behavioral patterns, including,

but not limited to, migration, breathing, nursing,

breeding, feeding, or sheltering.

‘‘(B) The term ‘Level A harassment’ means harassment described in subparagraph (A)(i).

‘‘(C) The term ‘Level B harassment’ means harassment described in subparagraph (A)(ii).

‘‘(19) The term ‘strategic stock’ means a marine

mammal stock—

‘‘(A) for which the level of direct humancaused mortality exceeds the potential biological removal level;

‘‘(B) which, based on the best available scientific information, is declining and is likely to be

listed as a threatened species under the Endangered

Species Act of 1973 within the foreseeable future;

or
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‘‘(C) which is listed as a threatened species or

endangered species under the Endangered Species

Act of 1973 (16 U.S.C. 1531 et seq.), or is designated as depleted under this Act.

‘‘(20) The term ‘potential biological removal level’

means the maximum number of animals, not including

natural mortalities, that may be removed from a marine

mammal stock while allowing that stock to reach or

maintain its optimum sustainable population. The potential biological removal level is the product of the following factors:

‘‘(A) The minimum population estimate of the

stock.

‘‘(B) One-half the maximum theoretical or estimated net productivity rate of the stock at a small

population size.

‘‘(C) A recovery factor of between 0.1 and 1.0.

‘‘(21) The term ‘Regional Fishery Management

Council’ means a Regional Fishery Management Council

established under section 302 of the Magnuson Fishery

Conservation and Management Act.

‘‘(22) The term ‘bona fide research’ means scientific research on marine mammals, the results of

which—
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‘‘(A) likely would be accepted for publication in

a referred scientific journal;

‘‘(B) are likely to contribute to the basic

knowledge of marine mammal biology or ecology; or

‘‘(C) are likely to identify, evaluate, or resolve

conservation problems.

‘‘(23) The term ‘Alaska Native organization’ means

a group designated by law or formally chartered which

represents or consists of Indians, Aleuts, or Eskimos residing in Alaska.

‘‘(24) The term ‘take reduction plan’ means a plan

developed under section 118.

‘‘(25) The term ‘take reduction team’ means a team

established under section 118.

‘‘(26) The term ‘net productivity rate’ means the

annual per capita rate of increase in a stock resulting

from additions due to reproduction, less losses due to

mortality.

‘‘(27) The term ‘minimum population estimate’

means an estimate of the number of animals in a stock

that—

‘‘(A) is based on the best available scientific information on abundance, incorporating the precision

and variability associated with such information;

and
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‘‘(B) provides reasonable assurance that the

stock size is equal to or greater than the estimate.’’.

SEC. 13. PENALTIES; PROHIBITIONS.

(a) CIVIL PENALTIES.—Section 105(a)(1) (16 U.S.C.

1375(a)(1)) is amended by inserting ‘‘, except as provided in

section 118,’’ after ‘‘thereunder’’.

(b) CRIMINAL PENALTIES.—Section 105(b) (16 U.S.C.

1375(b)) is amended by inserting ‘‘(except as provided in section 118)’’ after ‘‘thereunder’’.

(c) PROHIBITIONS.—Section 102(a) (16 U.S.C. 1372(a))

is amended by striking ‘‘and 114 of this title or title III’’ and

inserting ‘‘114, and 118 of this title and title IV’’.

SEC. 14. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE.

Nothing in this Act, including any amendments to the

Marine Mammal Protection Act of 1972 made by this Act—

(1) alters or is intended to alter any treaty between

the United States and one or more Indian tribes; or

(2) affects or otherwise modifies the provisions of

section 101(b) of the Marine Mammal Protection Act of

1972 (16 U.S.C. 1371(b)), except as specifically provided in the amendment made by section 4(b) of this

Act.
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SEC. 15. TRANSITION RULE; IMPLEMENTING REGULATIONS.

(a) TRANSITION RULE.—Section 114(a)(1) (16 U.S.C.

1383a(a)(1)) is amended by striking ‘‘ending April 1, 1994,’’

and inserting in lieu thereof ‘‘until superseded by regulations

prescribed under section 118, or until September 1, 1995,

whichever is earlier,’’.

(b) IMPLEMENTING REGULATIONS.—Except as provided

otherwise in this Act, or the amendments to the Marine

Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.)

made by this Act, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall, after notice and

opportunity for public comment, promulgate regulations to

implement this Act and the amendments made by this Act by

January 1, 1995.

SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

(a) DEFINITIONS.—Section 3 (16 U.S.C. 1362) is

amended—

(1) by striking paragraph (17); and

(2) by redesignating the second paragraph (15) and

paragraph (16) as paragraphs (16) and (17), respectively.

(b) UNUSUAL MORTALITY EVENT FUND.—Section

405(a) (16 U.S.C. 1421d(a)), as so redesignated by this Act,

is amended by striking ‘‘a fund’’ and inserting in lieu thereof

‘‘an interest bearing fund’’.
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SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES.

(a) LAWFUL APPROACHES.—In waters of the United

States surrounding the State of Hawaii, it is lawful for a person subject to the jurisdiction of the United States to approach, by any means other than an aircraft, no closer than

100 yards to a humpback whale, regardless of whether the

approach is made in waters designated under section 222.31

of title 50, Code of Federal Regulations, as cow/calf waters.

(b) TERMINATION OF LEGAL EFFECT OF CERTAIN REGULATIONS.—Subsection (b) of section 222.31 of title 50,

Code of Federal Regulations, shall cease to be in force and

effect.

SEC. 18. SCRIMSHAW EXEMPTIONS.

Notwithstanding any other provision of law, any valid

certificate of exemption renewed by the Secretary (or deemed

to be renewed) under section 10(f)(8) of the Endangered Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any person holding such a certificate with respect to the possession of preAct finished scrimshaw products or raw material for such

products shall remain valid for a period not to exceed 5 years

beginning on the date of enactment of this Act.

SEC. 19. MARINE MAMMAL COOPERATIVE AGREEMENTS IN

ALASKA.

Title I (16 U.S.C. 1371 et seq.), as amended by this

Act, is further amended by adding at the end the following

new section:
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‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN

ALASKA.

‘‘(a) IN GENERAL.—The Secretary may enter into cooperative agreements with Alaska Native organizations to conserve marine mammals and provide co-management of subsistence use by Alaska Natives.

‘‘(b) GRANTS.—Agreements entered into under this section may include grants to Alaska Native organizations for,

among other purposes—

‘‘(1) collecting and analyzing data on marine mammal populations;

‘‘(2) monitoring the harvest of marine mammals for

subsistence use;

‘‘(3) participating in marine mammal research conducted by the Federal Government, States, academic institutions, and private organizations; and

‘‘(4) developing marine mammal co-management

structures with Federal and State agencies.

‘‘(c) EFFECT OF JURISDICTION.—Nothing in this section

is intended or shall be construed—

‘‘(1) as authorizing any expansion or change in the

respective jurisdiction of Federal, State, or tribal governments over fish and wildlife resources; or

‘‘(2) as altering in any respect the existing political

or legal status of Alaska Natives, or the governmental or
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jurisdictional status of Alaska Native communities or

Alaska Native entities.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated for the purposes of carrying

out this section—

‘‘(1) $1,500,000 to the Secretary of Commerce for

each of the fiscal years 1994, 1995, 1996, 1997, 1998,

and 1999; and

‘‘(2) $1,000,000 to the Secretary of the Interior for

each of the fiscal years 1994, 1995, 1996, 1997, 1998,

and 1999.

The amounts authorized to be appropriated under this subsection are in addition to the amounts authorized to be appropriated under section 116.’’.

SEC. 20. MARINE ECOSYSTEM PROTECTION.

Section 110 (16 U.S.C. 1380) is amended by striking

subsection (c) and inserting the following:

‘‘(c)(1) No later than 1 year after the date of enactment

of the Marine Mammal Protection Act Amendments of 1994,

the Secretary of Commerce shall convene a regional workshop

for the Gulf of Maine to assess human-caused factors affecting the health and stability of that marine ecosystem, of

which marine mammals are a part. The workshop shall be

conducted in consultation with the Marine Mammal Commission, the adjacent coastal States, individuals with expertise in
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marine mammal biology and ecology, representatives from environmental organizations, the fishing industry, and other appropriate persons. The goal of the workshop shall be to identify such factors, and to recommend a program of research

and management to restore or maintain that marine ecosystem and its key components that—

‘‘(A) protects and encourages marine mammals to

develop to the greatest extent feasible commensurate

with sound policies of resource management;

‘‘(B) has as the primary management objective the

maintenance of the health and stability of the marine

ecosystems;

‘‘(C) ensures the fullest possible range of management options for future generations; and

‘‘(D) permits nonwasteful, environmentally sound

development of renewable and nonrenewable resources.

‘‘(2) On or before December 31, 1995, the Secretary of

Commerce shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the

Committee on Commerce, Science and Transportation of the

Senate a report containing the results of the workshop under

this subsection, proposed regulatory or research actions, and

recommended legislative action.

‘‘(d)(1) The Secretary of Commerce, in consultation with

the Secretary of the Interior, the Marine Mammal Commis-
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sion, the State of Alaska, and Alaska Native organizations,

shall, not later than 180 days after the date of enactment of

the Marine Mammal Protection Act Amendments of 1994,

undertake a scientific research program to monitor the health

and stability of the Bering Sea marine ecosystem and to resolve uncertainties concerning the causes of population declines of marine mammals, sea birds, and other living resources of that marine ecosystem. The program shall address

the research recommendations developed by previous workshops on Bering Sea living marine resources, and shall include research on subsistence uses of such resources and

ways to provide for the continued opportunity for such uses.

‘‘(2) To the maximum extent practicable, the research

program undertaken pursuant to paragraph (1) shall be conducted in Alaska. The Secretary of Commerce shall utilize,

where appropriate, traditional local knowledge and may contract with a qualified Alaska Native organization to conduct

such research.

‘‘(3) The Secretary of Commerce, the Secretary of the

Interior, and the Commission shall address the status and

findings of the research program in their annual reports to

Congress required by sections 103(f) and 204 of this Act.’’.

SEC. 21. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

Section 308(b) of the Interjurisdictional Fisheries Act of

1986 (16 U.S.C. 4107(b)) is amended by striking
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‘‘$2,500,000 for each of the fiscal years 1989, 1990, 1991,

1992, 1993, 1994, and 1995’’ and inserting in lieu thereof

‘‘$65,000,000 for each of the fiscal years 1994 and 1995’’.

SEC. 22. COASTAL ECOSYSTEM HEALTH.

(a) REQUIREMENT TO CONVEY.—Not later than September 30, 1994, the Secretary of the Navy shall convey,

without payment or other consideration, to the Secretary of

Commerce, all right, title, and interest to the property comprising that portion of the Naval Base, Charleston, South

Carolina, bounded by Hobson Avenue, the Cooper River, the

landward extension of the northwest side of Pier R, and the

fenceline between the buildings known as 200 and NS–16.

Such property shall include Pier R, the buildings known as

RTC–1, RTC–4, 200, and 1874, all towers and outbuildings

on that property, and all walkways and parking areas associated with such buildings and Pier R.

(b) SURVEY; EFFECT ON LIABILITY OF SECRETARY OF

THE NAVY.—The acreage and legal description of the property to be conveyed pursuant to this section shall be determined by a survey approved by the Secretary of the Navy.

Such conveyance shall not release the Secretary of the Navy

from any liability arising prior to, during, or after such conveyance as a result of the ownership or occupation of the

property by the United States Navy.
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(c) USE BY NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—The property conveyed pursuant to this section shall be used by the Secretary of Commerce in support

of the operations of the National Oceanic and Atmospheric

Administration.

(d) REVERSION RIGHTS.—Conveyance of the property

pursuant to this section shall be subject to the condition that

all right, title, and interest in and to the property so conveyed

shall immediately be conveyed to the public entity vested with

ownership of the remainder of the Charleston Naval Base, if

and when—

(1) continued ownership and occupation of the

property by the National Oceanic and Atmospheric Administration no longer is compatible with the comprehensive plan for reuse of the Charleston Naval Base developed by the community reuse committee and approved

by the Secretary of the Navy; and

(2) such public entity provides for relocation of the

programs and personnel of the National Oceanic and Atmospheric Administration occupying such property, at

no further cost to the United States Government, to a

comparable facility, including adjacent waterfront and

pier, within the Charleston area.
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SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE.

Title I (16 U.S.C. 1371 et seq.), as amended by this

Act, is further amended by adding at the end the following

new section:

‘‘SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE.

‘‘(a) PINNIPED REMOVAL AUTHORITY.—Notwithstanding any other provision of this title, the Secretary may permit

the intentional lethal taking of pinnipeds in accordance with

this section.

‘‘(b) APPLICATION.—(1) A State may apply to the Secretary to authorize the intentional lethal taking of individually identifiable pinnipeds which are having a significant

negative impact on the decline or recovery of salmonid fishery

stocks which—

‘‘(A) have been listed as threatened species or endangered species under the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.);

‘‘(B) the Secretary finds are approaching threatened species or endangered species status (as those

terms are defined in that Act); or

‘‘(C) migrate through the Ballard Locks at Seattle,

Washington.

‘‘(2) Any such application shall include a means of identifying the individual pinniped or pinnipeds, and shall include

a detailed description of the problem interaction and expected

benefits of the taking.
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‘‘(c) ACTIONS IN RESPONSE TO APPLICATION.—(1)

Within 15 days of receiving an application, the Secretary

shall determine whether the application has produced sufficient evidence to warrant establishing a Pinniped-Fishery

Interaction Task Force to address the situation described in

the application. If the Secretary determines sufficient evidence has been provided, the Secretary shall establish a

Pinniped-Fishery Interaction Task Force and publish a notice

in the Federal Register requesting public comment on the application.

‘‘(2) A Pinniped-Fishery Interaction Task Force established under paragraph (1) shall consist of designated employees of the Department of Commerce, scientists who are

knowledgeable about the pinniped interaction that the application addresses, representatives of affected conservation and

fishing community organizations, Indian Treaty tribes, the

States, and such other organizations as the Secretary deems

appropriate.

‘‘(3) Within 60 days after establishment, and after reviewing public comments in response to the Federal Register

notice under paragraph (1), the Pinniped-Fishery Interaction

Task Force shall—

‘‘(A) recommend to the Secretary whether to approve or deny the proposed intentional lethal taking of

the pinniped or pinnipeds, including along with the rec-
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ommendation a description of the specific pinniped individual or individuals, the proposed location, time, and

method of such taking, criteria for evaluating the success of the action, and the duration of the intentional lethal taking authority; and

‘‘(B) suggest nonlethal alternatives, if available and

practicable, including a recommended course of action.

‘‘(4) Within 30 days after receipt of recommendations

from the Pinniped-Fishery Interaction Task Force, the Secretary shall either approve or deny the application. If such

application is approved, the Secretary shall immediately take

steps to implement the intentional lethal taking, which shall

be performed by Federal or State agencies, or qualified individuals under contract to such agencies.

‘‘(5) After implementation of an approved application,

the Pinniped-Fishery Interaction Task Force shall evaluate

the effectiveness of the permitted intentional lethal taking or

alternative actions implemented. If implementation was ineffective in eliminating the problem interaction, the Task Force

shall recommend additional actions. If the implementation

was effective, the Task Force shall so advise the Secretary,

and the Secretary shall disband the Task Force.

‘‘(d) CONSIDERATIONS.—In considering whether an application should be approved or denied, the Pinniped-Fishery

Interaction Task Force and the Secretary shall consider—
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‘‘(1) population trends, feeding habits, the location

of the pinniped interaction, how and when the interaction occurs, and how many individual pinnipeds are involved;

‘‘(2) past efforts to nonlethally deter such

pinnipeds, and whether the applicant has demonstrated

that no feasible and prudent alternatives exist and that

the applicant has taken all reasonable nonlethal steps

without success;

‘‘(3) the extent to which such pinnipeds are causing

undue injury or impact to, or imbalance with, other species in the ecosystem, including fish populations; and

‘‘(4) the extent to which such pinnipeds are exhibiting behavior that presents an ongoing threat to public

safety.

‘‘(e) LIMITATION.—The Secretary shall not approve the

intentional lethal taking of any pinniped from a species or

stock that is—

‘‘(1) listed as a threatened species or endangered

species under the Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.);

‘‘(2) depleted under this Act; or

‘‘(3) a strategic stock.

‘‘(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR

SEALS; INVESTIGATION AND REPORT.—
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‘‘(1) The Secretary shall engage in a scientific investigation to determine whether California sea lions and

Pacific harbor seals—

‘‘(A) are having a significant negative impact

on the recovery of salmonid fishery stocks which

have been listed as endangered species or threatened species under the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.), or which the Secretary finds are approaching such endangered species or threatened species status; or

‘‘(B) are having broader impacts on the coastal

ecosystems of Washington, Oregon, and California.

The Secretary shall conclude this investigation and prepare a report on its results no later than October 1,

1995.

‘‘(2) Upon completion of the scientific investigation

required under paragraph (1), the Secretary shall enter

into discussions with the Pacific States Marine Fisheries

Commission, on behalf of the States of Washington, Oregon, and California, for the purpose of addressing any

issues or problems identified as a result of the scientific

investigation, and to develop recommendations to address such issues or problems. Any recommendations resulting from such discussions shall be submitted, along

with the report, to the Committee on Merchant Marine
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and Fisheries of the House of Representatives and the

Committee on Commerce, Science, and Transportation

of the Senate.

‘‘(3) The Secretary shall make the report and the

recommendations submitted under paragraph (2) available to the public for review and comment for a period

of 90 days.

‘‘(4) There are authorized to be appropriated to the

Secretary such sums as are necessary to carry out the

provisions of this subsection.

‘‘(5) The amounts appropriated under section

308(c) of the Interjurisdictional Fisheries Act of 1986

(16 U.S.C. 4107(c)) and allocated to the Pacific States

Marine Fisheries Commission may be used by the Commission to participate in discussions with the Secretary

under paragraph (2).

‘‘(g) REGIONWIDE PINNIPED-FISHERY INTERACTION

STUDY.—

‘‘(1) The Secretary may conduct a study, of not less

than three high predation areas in anadromous fish migration corridors within the Northwest Region of the

National Marine Fisheries Service, on the interaction between fish and pinnipeds. In conducting the study, the

Secretary shall consult with other State and Federal
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agencies with expertise in pinniped-fishery interaction.

The study shall evaluate—

‘‘(A) fish behavior in the presence of predators

generally;

‘‘(B) holding times and passage rates of anadromous fish stocks in areas where such fish are vulnerable to predation;

‘‘(C) whether additional facilities exist, or

could be reasonably developed, that could improve

escapement for anadromous fish; and

‘‘(D) other issues the Secretary considers relevant.

‘‘(2) Subject to the availability of appropriations,

the Secretary may, not later than 18 months after the

commencement of the study under this subsection, transmit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Merchant Marine and

Fisheries of the House of Representatives.

‘‘(3) The study conducted under this subsection

may not be used by the Secretary as a reason for delaying or deferring a determination or consideration under

subsection (c) or (d).

‘‘(h) GULF OF MAINE TASK FORCE.—The Secretary

shall establish a Pinniped-Fishery Interaction Task Force to
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advise the Secretary on issues or problems regarding

pinnipeds interacting in a dangerous or damaging manner

with aquaculture resources in the Gulf of Maine. No later

than 2 years from the date of enactment of this section, the

Secretary shall after notice and opportunity for public comment submit to the Committee on Merchant Marine and

Fisheries of the House of Representatives and the Committee

on Commerce, Science, and Transportation of the Senate a

report containing recommended available alternatives to mitigate such interactions.

‘‘(i) REQUIREMENTS APPLICABLE TO TASK FORCES.—

(1) Any task force established under this section—

‘‘(A) shall to the maximum extent practicable, consist of an equitable balance among representatives of resource user interests and nonuser interests; and

‘‘(B) shall not be subject to the Federal Advisory

Committee Act (5 App. U.S.C.).

‘‘(2) Meetings of any task force established under this

section shall be open to the public, and prior notice of those

meetings shall be given to the public by the task force in a

timely fashion.

‘‘(j) GULF OF MAINE HARBOR PORPOISE.—(1) Nothing

in section 117 shall prevent the Secretary from publishing a

stock assessment for Gulf of Maine harbor porpoise in an expedited fashion.
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‘‘(2) In developing and implementing a take reduction

plan under section 118 for Gulf of Maine harbor porpoise,

the Secretary shall consider all actions already taken to reduce incidental mortality and serious injury of such stock,

and may, based on the recommendations of the take reduction team for such stock, modify the time period required for

compliance with section 118(f)(5)(A), but in no case may

such modification extend the date of compliance beyond April

1, 1997.’’.

SEC 24. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.

(a) AMENDMENTS RELATING TO DEFINITION OF SECRETARY.—

(1) EXECUTION OF PRIOR AMENDMENTS.—The

amendments set forth in section 3004(b) of the Marine

Mammal Health and Stranding Response Act (106 Stat.

5067)—

(A) are deemed to have been made by that section to section 3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)); and

(B) shall not be considered to have been made

by that section to section 3(11) of that Act (16

U.S.C. 1362(11)).

(2) FURTHER TECHNICAL AND CONFORMING

AMENDMENTS.—Section 3(12)(B) of the Marine Mam-
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mal Protection Act of 1972, as deemed by paragraph

(1)(A) of this subsection to have been amended by section 3004(b) of the Marine Mammal Health and Stranding Response Act (106 Stat. 5067), is further amended

in subparagraph (B) by striking ‘‘in title III’’ and inserting ‘‘in section 118 and title IV’’.

(b) MARINE MAMMAL HEALTH AND STRANDING RESPONSE.—The Act (16 U.S.C. 1361 et seq.) is amended—

(1) by redesignating title III, as added by Public

Law 102–587 (106 Stat. 5060), as title IV; and

(2) by redesignating the sections of that title (16

U.S.C. 1421 through 1421h) as sections 401 through

409, respectively.

(c) FURTHER AMENDMENTS TO TITLE IV.—The Act

(16 U.S.C. 1361 et seq.) is amended—

(1) in section 401(b)(3) (as redesignated by this

section) by striking ‘‘304’’ and inserting ‘‘404’’;

(2) in section 405(b)(1)(A)(i) (as redesignated by

this section) by striking ‘‘304(b)’’ and inserting

‘‘404(b)’’;

(3) in section 406(a)(2)(A) (as redesignated by this

section) by striking ‘‘304(b)’’ and inserting ‘‘404(b)’’;

(4) in section 406(a)(2)(B) (as redesignated by this

section) by striking ‘‘304(c)’’ and inserting ‘‘404(c)’’;
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(5) in section 408(1) (as redesignated by this section)—

(A) by striking ‘‘305’’ and inserting ‘‘405’’,

and

(B) by striking ‘‘307’’ and inserting ‘‘407’’;

(6) in section 408(2) (as redesignated by this section) by striking ‘‘307’’ and inserting ‘‘407’’;

(7) in section 409(1) (as redesignated by this section) by striking ‘‘305(a)’’ and inserting ‘‘405(a)’’;

(8) in section 409(5) (as redesignated by this section) by striking ‘‘307(a)’’ and inserting ‘‘407(a)’’;

(9) in section 102(a) (16 U.S.C. 1372(a)) by striking ‘‘title III’’ and inserting ‘‘title IV’’;

(10) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by

striking ‘‘title III’’ and inserting ‘‘title IV’’;

(11) in section 112(c) (16 U.S.C. 1382(c)) by striking ‘‘or title III’’ and inserting ‘‘or title IV’’; and

(12) in the table of contents in the first section, by

striking the items relating to the title that is redesignated by subsection (b) of this section and the sections

that are redesignated by subsection (b) of this section

and inserting the following:

‘‘TITLE IV—MARINE MAMMAL HEALTH AND STRANDING RESPONSE

‘‘Sec. 401. Establishment of program.

‘‘Sec. 402. Determination; data collection and dissemination.

‘‘Sec. 403. Stranding response agreements.

‘‘Sec. 404. Unusual mortality event response.

‘‘Sec. 405. Unusual mortality event activity funding.

‘‘Sec. 406. Liability.
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‘‘Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.

‘‘Sec. 408. Authorization of appropriations.

‘‘Sec. 409. Definitions.’’.

(d) CLERICAL AMENDMENTS.—The portion of the table

of contents in the first section of the Act relating to title I

is amended by adding at the end the following new items:

‘‘Sec. 117. Stock assessments.

‘‘Sec. 118. Taking of marine mammals incidental to commercial fishing operations.

‘‘Sec. 119. Marine mammal cooperative agreements in Alaska.

‘‘Sec. 120. Pacific Coast Task Force; Gulf of Maine.’’.

(e) EFFECTIVE DATE.—The amendments made by subsection (a) shall be effective as if enacted as part of section

3004 of the Marine Mammal Health and Stranding Response

Act (106 Stat. 5067).

SEC. 25. TRANSFER.

Of amounts appropriated by Public Law 103–139 to the

Department of the Navy for Shipbuilding and Conversion,

Navy, the Secretary of the Navy shall transfer $8,000,000

not later than May 15, 1994, to the Administrator of the

Maritime Administration for the conversion of the USNS

CHAUVENET to a training ship for the Texas Maritime

Academy’s Training Program.

Attest:

Clerk.

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