IV

103D CONGRESS

2D SESSION H. RES. 412

Providing for the concurrence by the House with an amendment in the

amendment of the Senate to the amendment of the House to S. 1636.

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 1994

Mr. STUDDS submitted the following resolution; which was considered under

suspension of the rules and agreed to

RESOLUTION

Providing for the concurrence by the House with an amendment in the amendment of the Senate to the amendment

of the House to S. 1636.

1 Resolved, That upon the adoption of this resolution

2 the bill (S. 1636), entitled ‘‘An Act to authorize appropria3 tions for the Marine Mammal Protection Act of 1972 and

4 to improve the program to reduce the incidental taking

5 of marine mammals during the course of commercial fish6 ing operations, and for other purposes’’, with the Senate

7 amendment to the House amendment thereto, shall be

8 considered to have been taken from the Speaker’s table

9 to the end that the Senate amendment thereto be, and
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1 the same is hereby, agreed to with an amendment as fol2 lows:

3 In lieu of the matter proposed to be inserted by the

4 amendment of the Senate, insert the following:

5 SECTION 1. SHORT TITLE.

6 This Act may be cited as the ‘‘Marine Mammal Pro7 tection Act Amendments of 1994’’.

8 SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION

9 ACT OF 1972.

10 (a) REFERENCES.—Except as otherwise expressly

11 provided, whenever in this Act an amendment or repeal

12 is expressed in terms of an amendment to, or repeal of,

13 a section or other provision, the reference shall be consid14 ered to be made to a section or other provision of the Ma15 rine Mammal Protection Act of 1972 (16 U.S.C. 1361 et

16 seq.).

17 (b) RELATIONSHIP TO OTHER LAW.—Except as oth18 erwise expressly provided, nothing in this Act is intended

19 to amend, repeal, or otherwise affect any other provision

20 of law.

21 SEC. 3. FINDINGS AND DECLARATION OF POLICY.

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

23 (1) in paragraph (2) by inserting ‘‘essential

24 habitats, including’’ after ‘‘made to protect’’; and
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1 (2) in paragraph (5) in the matter following

2 subparagraph (B) by inserting ‘‘and their habitats’’

3 before ‘‘is therefore necessary’’.

4 SEC. 4. MORATORIUM AND EXCEPTIONS.

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

6 1371(a)) is amended—

7 (1) by amending paragraph (1) to read as fol8 lows:

9 ‘‘(1) Consistent with the provisions of section

10 104, permits may be issued by the Secretary for tak11 ing, and importation for purposes of scientific re12 search, public display, photography for educational

13 or commercial purposes, or enhancing the survival or

14 recovery of a species or stock, or for importation of

15 polar bear parts (other than internal organs) taken

16 in sport hunts in Canada. Such permits, except per17 mits issued under section 104(c)(5), may be issued

18 if the taking or importation proposed to be made is

19 first reviewed by the Marine Mammal Commission

20 and the Committee of Scientific Advisors on Marine

21 Mammals established under title II. The Commis22 sion and Committee shall recommend any proposed

23 taking or importation, other than importation under

24 section 104(c)(5), which is consistent with the pur25 poses and policies of section 2 of this Act. If the
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1 Secretary issues such a permit for importation, the

2 Secretary shall issue to the importer concerned a

3 certificate to that effect in such form as the Sec4 retary of the Treasury prescribes, and such importa5 tion may be made upon presentation of the certifi6 cate to the customs officer concerned.’’;

7 (2) in paragraph (2) in the first sentence, by

8 inserting before the period at the end the following:

9 ‘‘, or in lieu of such permits, authorizations may be

10 granted therefor under section 118, subject to regu11 lations prescribed under that section by the Sec12 retary without regard to section 103’’;

13 (3) in paragraph (3)(B)—

14 (A) by inserting ‘‘, photography for edu15 cational or commercial purposes,’’ after ‘‘pur16 poses’’; and

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

18 paragraph (5) of this subsection,’’ after ‘‘sub19 section,’’;

20 (4) by amending paragraph (4) to read as fol21 lows:

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

23 (B) and (C), the provisions of this Act shall not

24 apply to the use of measures—
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1 ‘‘(i) by the owner of fishing gear or catch,

2 or an employee or agent of such owner, to deter

3 a marine mammal from damaging the gear or

4 catch;

5 ‘‘(ii) by the owner of other private prop6 erty, or an agent, bailee, or employee of such

7 owner, to deter a marine mammal from damag8 ing private property;

9 ‘‘(iii) by any person, to deter a marine

10 mammal from endangering personal safety; or

11 ‘‘(iv) by a government employee, to deter a

12 marine mammal from damaging public prop13 erty,

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

15 or serious injury of a marine mammal.

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

17 with appropriate experts, and after notice and op18 portunity for public comment, publish in the Federal

19 Register a list of guidelines for use in safely deter20 ring marine mammals. In the case of marine mam21 mals listed as endangered species or threatened spe22 cies under the Endangered Species Act of 1973, the

23 Secretary shall recommend specific measures which

24 may be used to nonlethally deter marine mammals.

25 Actions to deter marine mammals consistent with
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1 such guidelines or specific measures shall not be a

2 violation of this Act.

3 ‘‘(C) If the Secretary determines, using the best

4 scientific information available, that certain forms of

5 deterrence have a significant adverse effect on ma6 rine mammals, the Secretary may prohibit such de7 terrent methods, after notice and opportunity for

8 public comment, through regulation under this Act.

9 ‘‘(D) The authority to deter marine mammals

10 pursuant to subparagraph (A) applies to all marine

11 mammals, including all stocks designated as de12 pleted under this Act.’’;

13 (5) in paragraph (5) by adding at the end the

14 following new subparagraphs:

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

16 United States who engage in a specified activity

17 (other than commercial fishing) within a specific ge18 ographic region, the Secretary shall authorize, for

19 periods of not more than 1 year, subject to such

20 conditions as the Secretary may specify, the inciden21 tal, but not intentional, taking by harassment of

22 small numbers of marine mammals of a species or

23 population stock by such citizens while engaging in

24 that activity within that region if the Secretary finds
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1 that such harassment during each period con2 cerned—

3 ‘‘(I) will have a negligible impact on such

4 species or stock, and

5 ‘‘(II) will not have an unmitigable adverse

6 impact on the availability of such species or

7 stock for taking for subsistence uses pursuant

8 to subsection (b), or section 109(f) or pursuant

9 to a cooperative agreement under section 119.

10 ‘‘(ii) The authorization for such activity shall

11 prescribe, where applicable—

12 ‘‘(I) permissible methods of taking by har13 assment pursuant to such activity, and other

14 means of effecting the least practicable impact

15 on such species or stock and its habitat, paying

16 particular attention to rookeries, mating

17 grounds, and areas of similar significance, and

18 on the availability of such species or stock for

19 taking for subsistence uses pursuant to sub20 section (b) or section 109(f) or pursuant to a

21 cooperative agreement under section 119,

22 ‘‘(II) the measures that the Secretary de23 termines are necessary to ensure no unmitigable

24 adverse impact on the availability of the species

25 or stock for taking for subsistence uses pursu-
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1 ant to subsection (b) or section 109(f) or pursu2 ant to a cooperative agreement under section

3 119, and

4 ‘‘(III) requirements pertaining to the mon5 itoring and reporting of such taking by harass6 ment, including requirements for the independ7 ent peer review of proposed monitoring plans or

8 other research proposals where the proposed ac9 tivity may affect the availability of a species or

10 stock for taking for subsistence uses pursuant

11 to subsection (b) or section 109(f) or pursuant

12 to a cooperative agreement under section 119.

13 ‘‘(iii) The Secretary shall publish a proposed

14 authorization not later than 45 days after receiving

15 an application under this subparagraph and request

16 public comment through notice in the Federal Reg17 ister, newspapers of general circulation, and appro18 priate electronic media and to all locally affected

19 communities for a period of 30 days after publica20 tion. Not later than 45 days after the close of the

21 public comment period, if the Secretary makes the

22 findings set forth in clause (i), the Secretary shall

23 issue an authorization with appropriate conditions to

24 meet the requirements of clause (ii).
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1 ‘‘(iv) The Secretary shall modify, suspend, or

2 revoke an authorization if the Secretary finds that

3 the provisions of clauses (i) or (ii) are not being met.

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

5 an authorization has been granted under this sub6 paragraph shall not be subject to the penalties of

7 this Act for taking by harassment that occurs in

8 compliance with such authorization.

9 ‘‘(E)(i) During any period of up to 3 consecu10 tive years, the Secretary shall allow the incidental,

11 but not the intentional, taking by persons using ves12 sels of the United States or vessels which have valid

13 fishing permits issued by the Secretary in accord14 ance with section 204(b) of the Magnuson Fishery

15 Conservation and Management Act (16 U.S.C.

16 1824(b)), while engaging in commercial fishing oper17 ations, of marine mammals from a species or stock

18 designated as depleted because of its listing as an

19 endangered species or threatened species under the

20 Endangered Species Act of 1973 (16 U.S.C. 1531 et

21 seq.) if the Secretary, after notice and opportunity

22 for public comment, determines that—

23 ‘‘(I) the incidental mortality and serious

24 injury from commercial fisheries will have a

25 negligible impact on such species or stock;
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1 ‘‘(II) a recovery plan has been developed or

2 is being developed for such species or stock pur3 suant to the Endangered Species Act of 1973;

4 and

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

6 monitoring program is established under sub7 section (d) of such section, vessels engaged in

8 such fisheries are registered in accordance with

9 such section, and a take reduction plan has

10 been developed or is being developed for such

11 species or stock.

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

13 that the requirements of clause (i) have been met,

14 the Secretary shall publish in the Federal Register

15 a list of those fisheries for which such determination

16 was made, and, for vessels required to register under

17 section 118, shall issue an appropriate permit for

18 each authorization granted under such section to

19 vessels to which this paragraph applies. Vessels en20 gaged in a fishery included in the notice published

21 by the Secretary under this clause which are not re22 quired to register under section 118 shall not be

23 subject to the penalties of this Act for the incidental

24 taking of marine mammals to which this paragraph

25 applies, so long as the owner or master of such ves-
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1 sel reports any incidental mortality or injury of such

2 marine mammals to the Secretary in accordance

3 with section 118.

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

5 fishing season, the Secretary determines that the

6 level of incidental mortality or serious injury from

7 commercial fisheries for which a determination was

8 made under clause (i) has resulted or is likely to re9 sult in an impact that is more than negligible on the

10 endangered or threatened species or stock, the Sec11 retary shall use the emergency authority granted

12 under section 118 to protect such species or stock,

13 and may modify any permit granted under this para14 graph as necessary.

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

16 certain or revoke a permit granted under this sub17 paragraph only if the Secretary determines that the

18 conditions or limitations set forth in such permit are

19 not being complied with. The Secretary may amend

20 or modify, after notice and opportunity for public

21 comment, the list of fisheries published under clause

22 (ii) whenever the Secretary determines there has

23 been a significant change in the information or con24 ditions used to determine such list.
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1 ‘‘(v) Sections 103 and 104 shall not apply to

2 the taking of marine mammals under the authority

3 of this subparagraph.

4 ‘‘(vi) This subparagraph shall not govern the

5 incidental taking of California sea otters and shall

6 not be deemed to amend or repeal the Act of No7 vember 7, 1986 (Public Law 99–625; 100 Stat.

8 3500).’’; and

9 (6) by adding at the end the following new

10 paragraph:

11 ‘‘(6)(A) A marine mammal product may be im12 ported into the United States if the product—

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

14 any citizen of the United States in conjunction

15 with travel outside the United States, provided

16 that the product is imported into the United

17 States by the same person upon the termination

18 of travel;

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

20 States as part of a cultural exchange by an In21 dian, Aleut, or Eskimo residing in Alaska; or

22 ‘‘(iii) is owned by a Native inhabitant of

23 Russia, Canada, or Greenland and is imported

24 for noncommercial purposes in conjunction with

25 travel within the United States or as part of a
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1 cultural exchange with an Indian, Aleut, or Es2 kimo residing in Alaska.

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

4 term—

5 ‘‘(i) ‘Native inhabitant of Russia, Canada,

6 or Greenland’ means a person residing in Rus7 sia, Canada, or Greenland who is related by

8 blood, is a member of the same clan or ethno9 logical grouping, or shares a common heritage

10 with an Indian, Aleut, or Eskimo residing in

11 Alaska; and

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

13 or exchange of ideas, information, gifts, cloth14 ing, or handicrafts between an Indian, Aleut, or

15 Eskimo residing in Alaska and a Native inhab16 itant of Russia, Canada, or Greenland, includ17 ing rendering of raw marine mammal parts as

18 part of such exchange into clothing or handi19 crafts through carving, painting, sewing, or

20 decorating.’’.

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

22 101(b) (16 U.S.C. 1371(b)) is amended by adding at the

23 end the following new sentences: ‘‘In promulgating any

24 regulation or making any assessment pursuant to a hear25 ing or proceeding under this subsection or section
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1 117(b)(2), or in making any determination of depletion

2 under this subsection or finding regarding unmitigable ad3 verse impacts under subsection (a)(5) that affects stocks

4 or persons to which this subsection applies, the Secretary

5 shall be responsible for demonstrating that such regula6 tion, assessment, determination, or finding is supported

7 by substantial evidence on the basis of the record as a

8 whole. The preceding sentence shall only be applicable in

9 an action brought by one or more Alaska Native organiza10 tions representing persons to which this subsection ap11 plies.’’.

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

13 Section 101(c) (16 U.S.C. 1371(c)) is amended to read

14 as follows:

15 ‘‘(c) It shall not be a violation of this Act to take

16 a marine mammal if such taking is imminently necessary

17 in self-defense or to save the life of a person in immediate

18 danger, and such taking is reported to the Secretary with19 in 48 hours. The Secretary may seize and dispose of any

20 carcass.’’.

21 SEC. 5. PERMITS.

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

23 1372(a)) is amended—
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1 (1) in paragraph (2)(B) by striking ‘‘for any

2 purpose in any way connected with the taking or im3 portation of’’ and inserting ‘‘to take or import’’; and

4 (2) in paragraph (4) by—

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

6 and inserting ‘‘export, or offer to purchase, sell,

7 or export’’;

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

9 ‘‘product—’’; and

10 (C) inserting after and below the text of

11 the paragraph the following:

12 ‘‘(A) that is taken in violation of this Act;

13 or

14 ‘‘(B) for any purpose other than public

15 display, scientific research, or enhancing the

16 survival of a species or stock as provided for

17 under subsection 104(c); and’’.

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

19 amended—

20 (1) in subsection (a) by adding at the end the

21 following: ‘‘Permits for the incidental taking of ma22 rine mammals in the course of commercial fishing

23 operations may only be issued as specifically pro24 vided for in sections 101(a)(5) or 306, or subsection

25 (h) of this section.’’;
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1 (2) in subsection (c)—

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

3 by striking ‘‘and after’’;

4 (B) by amending paragraph (2) to read as

5 follows:

6 ‘‘(2)(A) A permit may be issued to take or im7 port a marine mammal for the purpose of public dis8 play only to a person which the Secretary deter9 mines—

10 ‘‘(i) offers a program for education or con11 servation purposes that is based on profes12 sionally recognized standards of the public dis13 play community;

14 ‘‘(ii) is registered or holds a license issued

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

16 ‘‘(iii) maintains facilities for the public dis17 play of marine mammals that are open to the

18 public on a regularly scheduled basis and that

19 access to such facilities is not limited or re20 stricted other than by charging of an admission

21 fee.

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

23 to the person to which it is issued the right, without

24 obtaining any additional permit or authorization

25 under this Act, to—
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1 ‘‘(i) take, import, purchase, offer to pur2 chase, possess, or transport the marine mam3 mal that is the subject of the permit; and

4 ‘‘(ii) sell, export, or otherwise transfer pos5 session of the marine mammal, or offer to sell,

6 export, or otherwise transfer possession of the

7 marine mammal—

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

9 to a person that meets the requirements of

10 clauses (i), (ii), and (iii) of subparagraph

11 (A);

12 ‘‘(II) for the purpose of scientific re13 search, to a person that meets the require14 ments of paragraph (3); or

15 ‘‘(III) for the purpose of enhancing

16 the survival or recovery of a species or

17 stock, to a person that meets the require18 ments of paragraph (4).

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

20 sold or exported or to which possession of a marine

21 mammal is otherwise transferred under the author22 ity of subparagraph (B) shall have the rights and re23 sponsibilities described in subparagraph (B) with re24 spect to the marine mammal without obtaining any
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1 additional permit or authorization under this Act.

2 Such responsibilities shall be limited to—

3 ‘‘(i) for the purpose of public display, the

4 responsibility to meet the requirements of

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

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

7 the responsibility to meet the requirements of

8 paragraph (3), and

9 ‘‘(iii) for the purpose of enhancing the sur10 vival or recovery of a species or stock, the re11 sponsibility to meet the requirements of para12 graph (4).

13 ‘‘(D) If the Secretary—

14 ‘‘(i) finds in concurrence with the Sec15 retary of Agriculture, that a person that holds

16 a permit under this paragraph for a marine

17 mammal, or a person exercising rights under

18 subparagraph (C), no longer meets the require19 ments of subparagraph (A)(ii) and is not rea20 sonably likely to meet those requirements in the

21 near future, or

22 ‘‘(ii) finds that a person that holds a per23 mit under this paragraph for a marine mam24 mal, or a person exercising rights under sub25 paragraph (C), no longer meets the require-
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1 ments of subparagraph (A) (i) or (iii) and is

2 not reasonably likely to meet those require3 ments in the near future,

4 the Secretary may revoke the permit in accordance

5 with section 104(e), seize the marine mammal, or

6 cooperate with other persons authorized to hold ma7 rine mammals under this Act for disposition of the

8 marine mammal. The Secretary may recover from

9 the person expenses incurred by the Secretary for

10 that seizure.

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

12 permit issued under subparagraph (A), or by a per13 son exercising rights under subparagraph (C), may

14 be sold, purchased, exported, or transported unless

15 the Secretary is notified of such action no later than

16 15 days before such action, and such action is for

17 purposes of public display, scientific research, or en18 hancing the survival or recovery of a species or

19 stock. The Secretary may only require the notifica20 tion to include the information required for the in21 ventory established under paragraph (10).’’;

22 (C) by amending paragraph (3) to read as

23 follows:

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

25 under this paragraph for scientific research purposes
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1 to an applicant which submits with its permit appli2 cation information indicating that the taking is re3 quired to further a bona fide scientific purpose. The

4 Secretary may issue a permit under this paragraph

5 before the end of the public review and comment pe6 riod required under subsection (d)(2) if delaying is7 suance of the permit could result in injury to a spe8 cies, stock, or individual, or in loss of unique re9 search opportunities.

10 ‘‘(B) No permit issued for purposes of scientific

11 research shall authorize the lethal taking of a ma12 rine mammal unless the applicant demonstrates that

13 a nonlethal method of conducting the research is not

14 feasible. The Secretary shall not issue a permit for

15 research which involves the lethal taking of a marine

16 mammal from a species or stock that is depleted,

17 unless the Secretary determines that the results of

18 such research will directly benefit that species or

19 stock, or that such research fulfills a critically im20 portant research need.

21 ‘‘(C) Not later than 120 days after the date of

22 enactment of the Marine Mammal Protection Act

23 Amendments of 1994, the Secretary shall issue a

24 general authorization and implementing regulations

25 allowing bona fide scientific research that may result
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1 only in taking by Level B harassment of a marine

2 mammal. Such authorization shall apply to persons

3 which submit, by 60 days before commencement of

4 such research, a letter of intent via certified mail to

5 the Secretary containing the following:

6 ‘‘(i) The species or stocks of marine mam7 mals which may be harassed.

8 ‘‘(ii) The geographic location of the re9 search.

10 ‘‘(iii) The period of time over which the re11 search will be conducted.

12 ‘‘(iv) The purpose of the research, includ13 ing a description of how the definition of bona

14 fide research as established under this Act

15 would apply.

16 ‘‘(v) Methods to be used to conduct the re17 search.

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

19 intent to conduct scientific research under the gen20 eral authorization, the Secretary shall issue a letter

21 to the applicant confirming that the general author22 ization applies, or, if the proposed research is likely

23 to result in the taking (including Level A harass24 ment) of a marine mammal, shall notify the appli25 cant that subparagraph (A) applies.’’; and
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1 (D) by adding at the end the following new

2 paragraphs:

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

4 the importation of polar bear parts (other than in5 ternal organs) taken in sport hunts in Canada, in6 cluding polar bears taken but not imported prior to

7 the date of enactment of the Marine Mammal Pro8 tection Act Amendments of 1994, to an applicant

9 which submits with its permit application proof that

10 the polar bear was legally harvested in Canada by

11 the applicant. Such a permit shall be issued if the

12 Secretary, in consultation with the Marine Mammal

13 Commission and after notice and opportunity for

14 public comment, finds that—

15 ‘‘(i) Canada has a monitored and enforced

16 sport hunting program consistent with the pur17 poses of the Agreement on the Conservation of

18 Polar Bears;

19 ‘‘(ii) Canada has a sport hunting program

20 based on scientifically sound quotas ensuring

21 the maintenance of the affected population

22 stock at a sustainable level;

23 ‘‘(iii) the export and subsequent import are

24 consistent with the provisions of the Convention

25 on International Trade in Endangered Species
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1 of Wild Fauna and Flora and other inter2 national agreements and conventions; and

3 ‘‘(iv) the export and subsequent import are

4 not likely to contribute to illegal trade in bear

5 parts.

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

7 a reasonable fee for permits issued under this para8 graph. All fees collected under this paragraph shall

9 be available to the Secretary for use in developing

10 and implementing cooperative research and manage11 ment programs for the conservation of polar bears in

12 Alaska and Russia pursuant to section 113(d).

13 ‘‘(C)(i) The Secretary shall undertake a sci14 entific review of the impact of permits issued under

15 this paragraph on the polar bear population stocks

16 in Canada within 2 years after the date of enact17 ment of this paragraph. The Secretary shall provide

18 an opportunity for public comment during the course

19 of such review, and shall include a response to such

20 public comment in the final report on such review.

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

22 under this paragraph after September 30, 1996, if

23 the Secretary determines, based on the scientific re24 view, that the issuance of permits under this para25 graph is having a significant adverse impact on the
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1 polar bear population stocks in Canada. The Sec2 retary may review such determination annually

3 thereafter, in light of the best scientific information

4 available, and shall complete the review not later

5 than January 31 in any year a review is undertaken.

6 The Secretary may issue permits under this para7 graph whenever the Secretary determines, on the

8 basis of such annual review, that the issuance of

9 permits under this paragraph is not having a signifi10 cant adverse impact on the polar bear population

11 stocks in Canada.

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

13 for educational or commercial purposes involving

14 marine mammals in the wild only to an applicant

15 which submits with its permit application informa16 tion indicating that the taking will be limited to

17 Level B harassment, and the manner in which the

18 products of such activities will be made available to

19 the public.

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

21 under paragraph (2), (3), or (4) for a marine mam22 mal which is in the possession of any person author23 ized to possess it under this Act and which is deter24 mined under guidance under section 402(a) not to

25 be releasable to the wild, the Secretary shall issue
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1 the permit to the person requesting the permit if

2 that person—

3 ‘‘(A) meets the requirements of clauses (i),

4 (ii), and (iii) of paragraph (2)(A), in the case

5 of a request for a permit under paragraph (2);

6 ‘‘(B) meets the requirements of paragraph

7 (3), in the case of a request for a permit under

8 that paragraph; or

9 ‘‘(C) meets the requirements of paragraph

10 (4), in the case of a request for a permit under

11 that paragraph.

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

13 shall be required to possess, sell, purchase, trans14 port, export, or offer to sell or purchase the progeny

15 of marine mammals taken or imported under this

16 subsection, if such possession, sale, purchase, trans17 port, export, or offer to sell or purchase is—

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

19 by or to, respectively, a person which meets the

20 requirements of clauses (i), (ii), and (iii) of

21 paragraph (2)(A);

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

23 and by or to, respectively, a person which meets

24 the requirements of paragraph (3); or
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1 ‘‘(iii) for the purpose of enhancing the sur2 vival or recovery of a species or stock, and by

3 or to, respectively, a person which meets the re4 quirements of paragraph (4).

5 ‘‘(B)(i) A person which has a permit under

6 paragraph (2), or a person exercising rights under

7 paragraph (2)(C), which has possession of a marine

8 mammal that gives birth to progeny shall—

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

10 such progeny within 30 days after the date of

11 birth; and

12 ‘‘(II) notify the Secretary of the sale, pur13 chase, or transport of such progeny no later

14 than 15 days before such action.

15 ‘‘(ii) The Secretary may only require notifica16 tion under clause (i) to include the information re17 quired for the inventory established under paragraph

18 (10).

19 ‘‘(C) Any progeny of a marine mammal born in

20 captivity before the date of the enactment of the Ma21 rine Mammal Protection Act Amendments of 1994

22 and held in captivity for the purpose of public dis23 play shall be treated as though born after that date

24 of enactment.
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1 ‘‘(9) No marine mammal may be exported for

2 the purpose of public display, scientific research, or

3 enhancing the survival or recovery of a species or

4 stock unless the receiving facility meets standards

5 that are comparable to the requirements that a per6 son must meet to receive a permit under this sub7 section for that purpose.

8 ‘‘(10) The Secretary shall establish and main9 tain an inventory of all marine mammals possessed

10 pursuant to permits issued under paragraph (2)(A),

11 by persons exercising rights under paragraph (2)(C),

12 and all progeny of such marine mammals. The in13 ventory shall contain, for each marine mammal, only

14 the following information which shall be provided by

15 a person holding a marine mammal under this Act:

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

17 other identification.

18 ‘‘(B) The sex of the marine mammal.

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

20 the marine mammal.

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

22 of the marine mammal by the permit holder.

23 ‘‘(E) The source from whom the marine

24 mammal was acquired including the location of

25 the take from the wild, if applicable.
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1 ‘‘(F) If the marine mammal is transferred,

2 the name of the recipient.

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

4 as the result of a stranding.

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

6 mammal and the cause of death when deter7 mined.’’; and

8 (3) in subsection (e)(1) by—

9 (A) striking ‘‘or’’ at the end of subpara10 graph (A);

11 (B) striking the period at the end of sub12 paragraph (B) and inserting ‘‘, or’’; and

13 (C) adding at the end the following new

14 subparagraph:

15 ‘‘(C) if, in the case of a permit under sub16 section (c)(5) authorizing importation of polar bear

17 parts, the Secretary, in consultation with the appro18 priate authority in Canada, determines that the sus19 tainability of Canada’s polar bear population stocks

20 are being adversely affected or that sport hunting

21 may be having a detrimental effect on maintaining

22 polar bear population stocks throughout their

23 range.’’.

24 (c) EXISTING PERMITS.—Any permit issued under

25 section 104(c)(2) of the Marine Mammal Protection Act
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1 of 1972 (16 U.S.C. 1374(c)(2)) before the date of the en2 actment of this Act is hereby modified to be consistent

3 with that section as amended by this Act.

4 SEC. 6. PURPOSE AND USE OF THE FUND.

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

6 by this Act, is amended—

7 (1) in subsection (b)(1)(A)—

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

9 (i); and

10 (B) by inserting at the end the following

11 new clause:

12 ‘‘(iii) for care and maintenance of marine mam13 mal seized under section 104(c)(2)(D); and’’; and

14 (2) in subsection (d) by inserting after ‘‘For

15 purposes of carrying out this title’’ the following:

16 ‘‘and section 104(c)(2)(D)’’.

17 SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICA18 TION TO OTHER TREATIES AND CONVEN19 TIONS.

20 (a) MEASURES FOR IMPACTS ON STRATEGIC

21 STOCKS.—Section 112 (16 U.S.C. 1382) is amended by

22 adding at the end the following new subsection:

23 ‘‘(e) If the Secretary determines, based on a stock

24 assessment under section 117 or other significant new in25 formation obtained under this Act, that impacts on rook-
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1 eries, mating grounds, or other areas of similar ecological

2 significance to marine mammals may be causing the de3 cline or impeding the recovery of a strategic stock, the

4 Secretary may develop and implement conservation or

5 management measures to alleviate those impacts. Such

6 measures shall be developed and implemented after con7 sultation with the Marine Mammal Commission and the

8 appropriate Federal agencies and after notice and oppor9 tunity for public comment.’’.

10 (b) INTERNATIONAL POLAR BEAR CONSERVATION.—

11 Section 113 (16 U.S.C. 1383) is amended by—

12 (1) designating the existing paragraph as sub13 section (a); and

14 (2) adding at the end the following new sub15 sections:

16 ‘‘(b) Not later than 1 year after the date of enact17 ment of the Marine Mammal Protection Act Amendments

18 of 1994, the Secretary of the Interior shall, in consultation

19 with the contracting parties, initiate a review of the effec20 tiveness of the Agreement on the Conservation of Polar

21 Bears, as provided for in Article IX of the Agreement, and

22 establish a process by which future reviews shall be con23 ducted.

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

25 with the Secretary of State and the Marine Mammal Com-
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1 mission, shall review the effectiveness of United States im2 plementation of the Agreement on the Conservation of

3 Polar Bears, particularly with respect to the habitat pro4 tection mandates contained in Article II. The Secretary

5 shall report the results of this review to the Committee

6 on Merchant Marine and Fisheries of the House of Rep7 resentatives and the Committee on Commerce, Science,

8 and Transportation of the Senate not later than April 1,

9 1995.

10 ‘‘(d) Not later than 6 months after the date of enact11 ment of the Marine Mammal Protection Act Amendments

12 of 1994, the Secretary of the Interior, acting through the

13 Secretary of State and in consultation with the Marine

14 Mammal Commission and the State of Alaska, shall con15 sult with the appropriate officials of the Russian Federa16 tion on the development and implementation of enhanced

17 cooperative research and management programs for the

18 conservation of polar bears in Alaska and Russia. The

19 Secretary shall report the results of this consultation and

20 provide periodic progress reports on the research and

21 management programs to the Committee on Merchant

22 Marine and Fisheries of the House of Representatives and

23 the Committee on Commerce, Science and Transportation

24 of the Senate.’’.
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1 SEC. 8. CONSERVATION PLANS.

2 Section 115(b) (16 U.S.C. 1383b(b)) is amended by

3 adding at the end the following new paragraph:

4 ‘‘(4) If the Secretary determines that a take reduc5 tion plan is necessary to reduce the incidental taking of

6 marine mammals in the course of commercial fishing oper7 ations from a strategic stock, or for species or stocks

8 which interact with a commercial fishery for which the

9 Secretary has made a determination under section

10 118(f)(1), any conservation plan prepared under this sub11 section for such species or stock shall incorporate the take

12 reduction plan required under section 118 for such species

13 or stock.’’.

14 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

15 (a) DEPARTMENTS OF COMMERCE AND THE INTE16 RIOR.—Section 116 is amended to read as follows:

17 ‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘(a) DEPARTMENT OF COMMERCE.—(1) There are

19 authorized to be appropriated to the Department of Com20 merce, for purposes of carrying out its functions and re21 sponsibilities under this title (other than sections 117 and

22 118) and title IV, $12,138,000 for fiscal year 1994,

23 $12,623,000 for fiscal year 1995, $13,128,000 for fiscal

24 year 1996, $13,653,000 for fiscal year 1997, $14,200,000

25 for fiscal year 1998, and $14,768,000 for fiscal year 1999.
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1 ‘‘(2) There are authorized to be appropriated to the

2 Department of Commerce, for purposes of carrying out

3 sections 117 and 118, $20,000,000 for each of the fiscal

4 years 1994 through 1999.

5 ‘‘(b) DEPARTMENT OF THE INTERIOR.—There are

6 authorized to be appropriated to the Department of the

7 Interior, for purposes of carrying out its functions and re8 sponsibilities under this title, $8,000,000 for fiscal year

9 1994, $8,600,000 for fiscal year 1995, $9,000,000 for fis10 cal year 1996, $9,400,000 for fiscal year 1997,

11 $9,900,000 for fiscal year 1998, and $10,296,000 for fis12 cal year 1999.’’.

13 (b) MARINE MAMMAL COMMISSION.—Section 207 is

14 amended to read as follows:

15 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There are authorized to be appropriated to the Ma17 rine Mammal Commission, for purposes of carrying out

18 this title, $1,500,000 for fiscal year 1994, $1,550,000 for

19 fiscal year 1995, $1,600,000 for fiscal year 1996,

20 $1,650,000 for fiscal year 1997, $1,700,000 for fiscal year

21 1998, and $1,750,000 for fiscal year 1999.’’.

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

23 to improve the operation of the Marine Mammal Protec24 tion Act of 1972, and for other purposes’’, approved Octo25 ber 9, 1981 (16 U.S.C. 1384 and 1407), is repealed.
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1 SEC. 10. STOCK ASSESSMENTS.

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

3 at the end the following new section:

4 ‘‘SEC. 117. STOCK ASSESSMENTS.

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

6 the Secretary shall, in consultation with the appropriate

7 regional scientific review group established under sub8 section (d), prepare a draft stock assessment for each ma9 rine mammal stock which occurs in waters under the juris10 diction of the United States. Each draft stock assessment,

11 based on the best scientific information available, shall—

12 ‘‘(1) describe the geographic range of the af13 fected stock, including any seasonal or temporal var14 iation in such range;

15 ‘‘(2) provide for such stock the minimum popu16 lation estimate, current and maximum net productiv17 ity rates, and current population trend, including a

18 description of the information upon which these are

19 based;

20 ‘‘(3) estimate the annual human-caused mortal21 ity and serious injury of the stock by source and, for

22 a strategic stock, other factors that may be causing

23 a decline or impeding recovery of the stock, includ24 ing effects on marine mammal habitat and prey;

25 ‘‘(4) describe commercial fisheries that interact

26 with the stock, including—
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1 ‘‘(A) the approximate number of vessels

2 actively participating in each such fishery;

3 ‘‘(B) the estimated level of incidental mor4 tality and serious injury of the stock by each

5 such fishery on an annual basis;

6 ‘‘(C) seasonal or area differences in such

7 incidental mortality or serious injury; and

8 ‘‘(D) the rate, based on the appropriate

9 standard unit of fishing effort, of such inciden10 tal mortality and serious injury, and an analysis

11 stating whether such level is insignificant and is

12 approaching a zero mortality and serious injury

13 rate;

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

15 that either—

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

17 and serious injury that is not likely to cause the

18 stock to be reduced below its optimum sustain19 able population; or

20 ‘‘(B) is a strategic stock, with a descrip21 tion of the reasons therefor; and

22 ‘‘(6) estimate the potential biological removal

23 level for the stock, describing the information used

24 to calculate it, including the recovery factor.
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1 ‘‘(b) PUBLIC COMMENT.—(1) The Secretary shall

2 publish in the Federal Register a notice of the availability

3 of a draft stock assessment or any revision thereof and

4 provide an opportunity for public review and comment

5 during a period of 90 days. Such notice shall include a

6 summary of the assessment and a list of the sources of

7 information or published reports upon which the assess8 ment is based.

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

10 under paragraph (1), if requested by a person to which

11 section 101(b) applies, the Secretary shall conduct a pro12 ceeding on the record prior to publishing a final stock as13 sessment or any revision thereof for any stock subject to

14 taking under section 101(b).

15 ‘‘(3) After consideration of the best scientific infor16 mation available, the advice of the appropriate regional

17 scientific review group established under subsection (d),

18 and the comments of the general public, the Secretary

19 shall publish in the Federal Register a notice of availabil20 ity and a summary of the final stock assessment or any

21 revision thereof, not later than 90 days after—

22 ‘‘(A) the close of the public comment period on

23 a draft stock assessment or revision thereof; or

24 ‘‘(B) final action on an agency proceeding pur25 suant to paragraph (2).
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1 ‘‘(c) REVIEW AND REVISION.—(1) The Secretary

2 shall review stock assessments in accordance with this sub3 section—

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

5 specified as strategic stocks;

6 ‘‘(B) at least annually for stocks for which sig7 nificant new information is available; and

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

9 stocks.

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

11 the status of the stock has changed or can be more accu12 rately determined, the Secretary shall revise the stock as13 sessment in accordance with subsection (b).

14 ‘‘(d) REGIONAL SCIENTIFIC REVIEW GROUPS.—(1)

15 Not later than 60 days after the date of enactment of this

16 section, the Secretary of Commerce shall, in consultation

17 with the Secretary of the Interior (with respect to marine

18 mammals under that Secretary’s jurisdiction), the Marine

19 Mammal Commission, the Governors of affected adjacent

20 coastal States, regional fishery and wildlife management

21 authorities, Alaska Native organizations and Indian

22 tribes, and environmental and fishery groups, establish

23 three independent regional scientific review groups rep24 resenting Alaska, the Pacific Coast (including Hawaii),

25 and the Atlantic Coast (including the Gulf of Mexico), con-
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1 sisting of individuals with expertise in marine mammal bi2 ology and ecology, population dynamics and modeling,

3 commercial fishing technology and practices, and stocks

4 taken under section 101(b). The Secretary of Commerce

5 shall, to the maximum extent practicable, attempt to

6 achieve a balanced representation of viewpoints among the

7 individuals on each regional scientific review group. The

8 regional scientific review groups shall advise the Secretary

9 on—

10 ‘‘(A) population estimates and the population

11 status and trends of such stocks;

12 ‘‘(B) uncertainties and research needed regard13 ing stock separation, abundance, or trends, and fac14 tors affecting the distribution, size, or productivity

15 of the stock;

16 ‘‘(C) uncertainties and research needed regard17 ing the species, number, ages, gender, and reproduc18 tive status of marine mammals;

19 ‘‘(D) research needed to identify modifications

20 in fishing gear and practices likely to reduce the in21 cidental mortality and serious injury of marine

22 mammals in commercial fishing operations;

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

24 of habitat destruction, including marine pollution

25 and natural environmental change, on specific ma-
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1 rine mammal species or stocks, and for strategic

2 stocks, appropriate conservation or management

3 measures to alleviate any such impacts; and

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

5 groups consider appropriate.

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

7 this subsection shall not be subject to the Federal Advi8 sory Committee Act (5 App. U.S.C.).

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

10 serve without compensation, but may be reimbursed by the

11 Secretary, upon request, for reasonable travel costs and

12 expenses incurred in performing their obligations.

13 ‘‘(4) The Secretary may appoint or reappoint individ14 uals to the regional scientific review groups under para15 graph (1) as needed.

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

17 shall not affect or otherwise modify the provisions of sec18 tion 101(b).’’.

19 SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO

20 COMMERCIAL FISHING OPERATIONS.

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

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

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

2 COMMERCIAL FISHING OPERATIONS.

3 ‘‘(a) IN GENERAL.—(1) Effective on the date of en4 actment of this section, and except as provided in section

5 114 and in paragraphs (2), (3), and (4) of this subsection,

6 the provisions of this section shall govern the incidental

7 taking of marine mammals in the course of commercial

8 fishing operations by persons using vessels of the United

9 States or vessels which have valid fishing permits issued

10 by the Secretary in accordance with section 204(b) of the

11 Magnuson Fishery Conservation and Management Act (16

12 U.S.C. 1824(b)). In any event it shall be the immediate

13 goal that the incidental mortality or serious injury of ma14 rine mammals occurring in the course of commercial fish15 ing operations be reduced to insignificant levels approach16 ing a zero mortality and serious injury rate within 7 years

17 after the date of enactment of this section.

18 ‘‘(2) In the case of the incidental taking of marine

19 mammals from species or stocks designated under this Act

20 as depleted on the basis of their listing as threatened spe21 cies or endangered species under the Endangered Species

22 Act of 1973 (16 U.S.C. 1531 et seq.), both this section

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

24 ‘‘(3) Sections 104(h) and title III, and not this sec25 tion, shall govern the taking of marine mammals in the
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1 course of commercial purse seine fishing for yellowfin tuna

2 in the eastern tropical Pacific Ocean.

3 ‘‘(4) This section shall not govern the incidental tak4 ing of California sea otters and shall not be deemed to

5 amend or repeal the Act of November 7, 1986 (Public Law

6 99–625; 100 Stat. 3500).

7 ‘‘(5) Except as provided in section 101(c), the inten8 tional lethal take of any marine mammal in the course

9 of commercial fishing operations is prohibited.

10 ‘‘(6) Sections 103 and 104 shall not apply to the inci11 dental taking of marine mammals under the authority of

12 this section.

13 ‘‘(b) ZERO MORTALITY RATE GOAL.—(1) Commer14 cial fisheries shall reduce incidental mortality and serious

15 injury of marine mammals to insignificant levels ap16 proaching a zero mortality and serious injury rate within

17 7 years after the date of enactment of this section.

18 ‘‘(2) Fisheries which maintain insignificant serious

19 injury and mortality levels approaching a zero rate shall

20 not be required to further reduce their mortality and seri21 ous injury rates.

22 ‘‘(3) Three years after such date of enactment, the

23 Secretary shall review the progress of all commercial fish24 eries, by fishery, toward reducing incidental mortality and

25 serious injury to insignificant levels approaching a zero
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1 rate. The Secretary shall submit to the Committee on

2 Commerce, Science, and Transportation of the Senate and

3 the Committee on Merchant Marine and Fisheries of the

4 House of Representatives a report setting forth the results

5 of such review within 1 year after commencement of the

6 review. The Secretary shall note any commercial fishery

7 for which additional information is required to accurately

8 assess the level of incidental mortality and serious injury

9 of marine mammals in the fishery.

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

11 paragraph (3) that the rate of incidental mortality and

12 serious injury of marine mammals in a commercial fishery

13 is not consistent with paragraph (1), then the Secretary

14 shall take appropriate action under subsection (f).

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

16 Secretary shall, within 90 days after the date of enactment

17 of this section—

18 ‘‘(A) publish in the Federal Register for public

19 comment, for a period of not less than 90 days, any

20 necessary changes to the Secretary’s list of commer21 cial fisheries published under section 114(b)(1) and

22 which is in existence on March 31, 1994 (along with

23 an explanation of such changes and a statement de24 scribing the marine mammal stocks interacting with,

25 and the approximate number of vessels or persons
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1 actively involved in, each such fishery), with respect

2 to commercial fisheries that have—

3 ‘‘(i) frequent incidental mortality and seri4 ous injury of marine mammals;

5 ‘‘(ii) occasional incidental mortality and se6 rious injury of marine mammals; or

7 ‘‘(iii) a remote likelihood of or no known

8 incidental mortality or serious injury of marine

9 mammals;

10 ‘‘(B) after the close of the period for such pub11 lic comment, publish in the Federal Register a re12 vised list of commercial fisheries and an update of

13 information required by subparagraph (A), together

14 with a summary of the provisions of this section and

15 information sufficient to advise vessel owners on how

16 to obtain an authorization and otherwise comply

17 with the requirements of this section; and

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

19 such other times as the Secretary considers appro20 priate, reexamine, based on information gathered

21 under this Act and other relevant sources and after

22 notice and opportunity for public comment, the clas23 sification of commercial fisheries and other deter24 minations required under subparagraph (A) and
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1 publish in the Federal Register any necessary

2 changes.

3 ‘‘(2)(A) An authorization shall be granted by the Sec4 retary in accordance with this section for a vessel engaged

5 in a commercial fishery listed under paragraph (1)(A) (i)

6 or (ii), upon receipt by the Secretary of a completed reg7 istration form providing the name of the vessel owner and

8 operator, the name and description of the vessel, the fish9 eries in which it will be engaged, the approximate time,

10 duration, and location of such fishery operations, and the

11 general type and nature of use of the fishing gear and

12 techniques used. Such information shall be in a readily

13 usable format that can be efficiently entered into and uti14 lized by an automated or computerized data processing

15 system. A decal or other physical evidence that the author16 ization is current and valid shall be issued by the Sec17 retary at the time an authorization is granted, and so long

18 as the authorization remains current and valid, shall be

19 reissued annually thereafter.

20 ‘‘(B) No authorization may be granted under this sec21 tion to the owner of a vessel unless such vessel—

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

23 ‘‘(ii) has a valid fishing permit issued by the

24 Secretary in accordance with section 204(b) of the
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1 Magnuson Fishery Conservation and Management

2 Act (16 U.S.C. 1824(b)).

3 ‘‘(C) Except as provided in subsection (a), an author4 ization granted under this section shall allow the inciden5 tal taking of all species and stocks of marine mammals

6 to which this Act applies.

7 ‘‘(3)(A) An owner of a vessel engaged in any fishery

8 listed under paragraph (1)(A) (i) or (ii) shall, in order

9 to engage in the lawful incidental taking of marine mam10 mals in a commercial fishery—

11 ‘‘(i) have registered as required under para12 graph (2) with the Secretary in order to obtain for

13 each such vessel owned and used in the fishery an

14 authorization for the purpose of incidentally taking

15 marine mammals in accordance with this section, ex16 cept that owners of vessels holding valid certificates

17 of exemption under section 114 are deemed to have

18 registered for purposes of this subsection for the pe19 riod during which such exemption is valid;

20 ‘‘(ii) ensure that a decal or such other physical

21 evidence of a current and valid authorization as the

22 Secretary may require is displayed on or is in the

23 possession of the master of each such vessel;

24 ‘‘(iii) report as required by subsection (e); and
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1 ‘‘(iv) comply with any applicable take reduction

2 plan and emergency regulations issued under this

3 section.

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

5 under this section for any fishery listed under paragraph

6 (1)(A) (i) or (ii) shall, as a condition of that authorization,

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

8 Secretary.

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

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

11 ‘‘(i) fails to obtain from the Secretary an au12 thorization for such vessel under this section;

13 ‘‘(ii) fails to maintain a current and valid au14 thorization for such vessel; or

15 ‘‘(iii) fails to ensure that a decal or other phys16 ical evidence of such authorization issued by the Sec17 retary is displayed on or is in possession of the mas18 ter of the vessel,

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

20 shall be deemed to have violated this title, and for viola21 tions of clauses (i) and (ii) shall be subject to the penalties

22 of this title, and for violations of clause (iii) shall be sub23 ject to a fine of not more than $100 for each offense.

24 ‘‘(D) If the owner of a vessel has obtained and main25 tains a current and valid authorization from the Secretary
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1 under this section and meets the requirements set forth

2 in this section, including compliance with any regulations

3 to implement a take reduction plan under this section, the

4 owner of such vessel, and the master and crew members

5 of the vessel, shall not be subject to the penalties set forth

6 in this title for the incidental taking of marine mammals

7 while such vessel is engaged in a fishery to which the au8 thorization applies.

9 ‘‘(E) Each owner of a vessel engaged in any fishery

10 not listed under paragraph (1)(A) (i) or (ii), and the mas11 ter and crew members of such a vessel, shall not be subject

12 to the penalties set forth in this title for the incidental

13 taking of marine mammals if such owner reports to the

14 Secretary, in the form and manner required under sub15 section (e), instances of incidental mortality or injury of

16 marine mammals in the course of that fishery.

17 ‘‘(4)(A) The Secretary shall suspend or revoke an au18 thorization granted under this section and shall not issue

19 a decal or other physical evidence of the authorization for

20 any vessel until the owner of such vessel complies with

21 the reporting requirements under subsection (e) and such

22 requirements to take on board an observer under para23 graph (3)(B) as are applicable to such vessel. Previous

24 failure to comply with the requirements of section 114
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1 shall not bar authorization under this section for an owner

2 who complies with the requirements of this section.

3 ‘‘(B) The Secretary may suspend or revoke an au4 thorization granted under this subsection, and may not

5 issue a decal or other physical evidence of the authoriza6 tion for any vessel which fails to comply with a take reduc7 tion plan or emergency regulations issued under this sec8 tion.

9 ‘‘(C) The owner and master of a vessel which fails

10 to comply with a take reduction plan shall be subject to

11 the penalties of sections 105 and 107, and may be subject

12 to section 106.

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

14 with the appropriate States, affected Regional Fishery

15 Management Councils, and other interested persons, the

16 means by which the granting and administration of au17 thorizations under this section shall be integrated and co18 ordinated, to the maximum extent practicable, with exist19 ing fishery licenses, registrations, and related programs.

20 ‘‘(B) The Secretary shall utilize newspapers of gen21 eral circulation, fishery trade associations, electronic

22 media, and other means of advising commercial fishermen

23 of the provisions of this section and the means by which

24 they can comply with its requirements.
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1 ‘‘(C) The Secretary is authorized to charge a fee for

2 the granting of an authorization under this section. The

3 level of fees charged under this subparagraph shall not

4 exceed the administrative costs incurred in granting an

5 authorization. Fees collected under this subparagraph

6 shall be available to the Under Secretary of Commerce for

7 Oceans and Atmosphere for expenses incurred in the

8 granting and administration of authorizations under this

9 section.

10 ‘‘(d) MONITORING OF INCIDENTAL TAKES.—(1) The

11 Secretary shall establish a program to monitor incidental

12 mortality and serious injury of marine mammals during

13 the course of commercial fishing operations. The purposes

14 of the monitoring program shall be to—

15 ‘‘(A) obtain statistically reliable estimates of in16 cidental mortality and serious injury;

17 ‘‘(B) determine the reliability of reports of inci18 dental mortality and serious injury under subsection

19 (e); and

20 ‘‘(C) identify changes in fishing methods or

21 technology that may increase or decrease incidental

22 mortality and serious injury.

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

24 place observers on board vessels as necessary, subject to
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1 the provisions of this section. Observers may, among other

2 tasks—

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

4 by catch of other nontarget species;

5 ‘‘(B) record numbers of marine mammals sight6 ed; and

7 ‘‘(C) perform other scientific investigations.

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

9 among commercial fisheries and vessels within a fishery,

10 the Secretary shall be guided by the following standards:

11 ‘‘(A) The requirement to obtain statistically re12 liable information.

13 ‘‘(B) The requirement that assignment of ob14 servers is fair and equitable among fisheries and

15 among vessels in a fishery.

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

17 or vessel, or group of persons or vessels, be subject

18 to excessive or overly burdensome observer coverage.

19 ‘‘(D) To the extent practicable, the need to

20 minimize costs and avoid duplication.

21 ‘‘(4) To the extent practicable, the Secretary shall al22 locate observers among commercial fisheries in accordance

23 with the following priority:

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

25 for commercial fisheries that have incidental mortal-
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1 ity or serious injury of marine mammals from stocks

2 listed as endangered species or threatened species

3 under the Endangered Species Act of 1973 (16

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

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

6 shall be for commercial fisheries that have incidental

7 mortality and serious injury of marine mammals

8 from strategic stocks.

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

10 shall be for commercial fisheries that have incidental

11 mortality or serious injury of marine mammals from

12 stocks for which the level of incidental mortality and

13 serious injury is uncertain.

14 ‘‘(5) The Secretary may establish an alternative ob15 server program to provide statistically reliable information

16 on the species and number of marine mammals inciden17 tally taken in the course of commercial fishing operations.

18 The alternative observer program may include direct ob19 servation of fishing activities from vessels, airplanes, or

20 points on shore.

21 ‘‘(6) The Secretary is not required to place an ob22 server on a vessel in a fishery if the Secretary finds that—

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

24 are delivering fish to a processing vessel and the

25 catch is not taken on board the harvesting vessel,
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1 statistically reliable information can be obtained

2 from an observer on board the processing vessel to

3 which the fish are delivered;

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

5 an observer, or for carrying out observer functions,

6 are so inadequate or unsafe that the health or safety

7 of the observer or the safe operation of the vessel

8 would be jeopardized; or

9 ‘‘(C) for reasons beyond the control of the Sec10 retary, an observer is not available.

11 ‘‘(7) The Secretary may, with the consent of the ves12 sel owner, station an observer on board a vessel engaged

13 in a fishery not listed under subsection (c)(1)(A) (i) or

14 (ii).

15 ‘‘(8) Any proprietary information collected under this

16 subsection shall be confidential and shall not be disclosed

17 except—

18 ‘‘(A) to Federal employees whose duties require

19 access to such information;

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

21 an agreement with the Secretary that prevents pub22 lic disclosure of the identity or business of any per23 son;

24 ‘‘(C) when required by court order; or
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1 ‘‘(D) in the case of scientific information involv2 ing fisheries, to employees of Regional Fishery Man3 agement Councils who are responsible for fishery

4 management plan development and monitoring.

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

6 as may be necessary to preserve such confidentiality, ex7 cept that the Secretary shall release or make public upon

8 request any such information in aggregate, summary, or

9 other form which does not directly or indirectly disclose

10 the identity or business of any person.

11 ‘‘(e) REPORTING REQUIREMENT.—The owner or op12 erator of a commercial fishing vessel subject to this Act

13 shall report all incidental mortality and injury of marine

14 mammals in the course of commercial fishing operations

15 to the Secretary by mail or other means acceptable to the

16 Secretary within 48 hours after the end of each fishing

17 trip on a standard postage-paid form to be developed by

18 the Secretary under this section. Such form shall be capa19 ble of being readily entered into and usable by an auto20 mated or computerized data processing system and shall

21 require the vessel owner or operator to provide the follow22 ing:

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

24 tribal registration numbers of the registered vessel.
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1 ‘‘(2) The name and address of the vessel owner

2 or operator.

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

4 ‘‘(4) The species of each marine mammal inci5 dentally killed or injured, and the date, time, and

6 approximate geographic location of such occurrence.

7 ‘‘(f) TAKE REDUCTION PLANS.—(1) The Secretary

8 shall develop and implement a take reduction plan de9 signed to assist in the recovery or prevent the depletion

10 of each strategic stock which interacts with a commercial

11 fishery listed under subsection (c)(1)(A) (i) or (ii), and

12 may develop and implement such a plan for any other ma13 rine mammal stocks which interact with a commercial

14 fishery listed under subsection (c)(1)(A)(i) which the Sec15 retary determines, after notice and opportunity for public

16 comment, has a high level of mortality and serious injury

17 across a number of such marine mammal stocks.

18 ‘‘(2) The immediate goal of a take reduction plan for

19 a strategic stock shall be to reduce, within 6 months of

20 its implementation, the incidental mortality or serious in21 jury of marine mammals incidentally taken in the course

22 of commercial fishing operations to levels less than the po23 tential biological removal level established for that stock

24 under section 117. The long-term goal of the plan shall

25 be to reduce, within 5 years of its implementation, the in-
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1 cidental mortality or serious injury of marine mammals

2 incidentally taken in the course of commercial fishing op3 erations to insignificant levels approaching a zero mortal4 ity and serious injury rate, taking into account the eco5 nomics of the fishery, the availability of existing tech6 nology, and existing State or regional fishery management

7 plans.

8 ‘‘(3) If there is insufficient funding available to de9 velop and implement a take reduction plan for all such

10 stocks that interact with commercial fisheries listed under

11 subsection (c)(1)(A) (i) or (ii), the Secretary shall give

12 highest priority to the development and implementation of

13 take reduction plans for species or stocks whose level of

14 incidental mortality and serious injury exceeds the poten15 tial biological removal level, those that have a small popu16 lation size, and those which are declining most rapidly.

17 ‘‘(4) Each take reduction plan shall include—

18 ‘‘(A) a review of the information in the final

19 stock assessment published under section 117(b) and

20 any substantial new information;

21 ‘‘(B) an estimate of the total number and, if

22 possible, age and gender, of animals from the stock

23 that are being incidentally lethally taken or seriously

24 injured each year during the course of commercial

25 fishing operations, by fishery;
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1 ‘‘(C) recommended regulatory or voluntary

2 measures for the reduction of incidental mortality

3 and serious injury; and

4 ‘‘(D) recommended dates for achieving the spe5 cific objectives of the plan.

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

7 and serious injury from commercial fisheries exceeds the

8 potential biological removal level established under section

9 117, the plan shall include measures the Secretary expects

10 will reduce, within 6 months of the plan’s implementation,

11 such mortality and serious injury to a level below the po12 tential biological removal level.

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

14 and serious injury exceeds the potential biological removal

15 level, other than a stock to which subparagraph (A) ap16 plies, the plan shall include measures the Secretary ex17 pects will reduce, to the maximum extent practicable with18 in 6 months of the plan’s implementation, the incidental

19 mortality and serious injury by such commercial fisheries

20 from that stock. For purposes of this subparagraph, the

21 term ‘maximum extent practicable’ means to the lowest

22 level that is feasible for such fisheries within the 6-month

23 period.

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

25 30 days) after the Secretary issues a final stock assess-
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1 ment under section 117(b) for a strategic stock, the Sec2 retary shall, and for stocks that interact with a fishery

3 listed under subsection (c)(1)(A)(i) for which the Sec4 retary has made a determination under paragraph (1), the

5 Secretary may—

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

7 stock and appoint the members of such team in ac8 cordance with subparagraph (C); and

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

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

11 appointed members, the full geographic range of

12 such stock, and a list of all commercial fisheries that

13 cause incidental mortality and serious injury of ma14 rine mammals from such stock.

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

16 team to address a stock that extends over one or more

17 regions or fisheries, or multiple stocks within a region or

18 fishery, if the Secretary determines that doing so would

19 facilitate the development and implementation of plans re20 quired under this subsection.

21 ‘‘(C) Members of take reduction teams shall have ex22 pertise regarding the conservation or biology of the marine

23 mammal species which the take reduction plan will ad24 dress, or the fishing practices which result in the inciden25 tal mortality and serious injury of such species. Members
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1 shall include representatives of Federal agencies, each

2 coastal State which has fisheries which interact with the

3 species or stock, appropriate Regional Fishery Manage4 ment Councils, interstate fisheries commissions, academic

5 and scientific organizations, environmental groups, all

6 commercial and recreational fisheries groups and gear

7 types which incidentally take the species or stock, Alaska

8 Native organizations or Indian tribal organizations, and

9 others as the Secretary deems appropriate. Take reduction

10 teams shall, to the maximum extent practicable, consist

11 of an equitable balance among representatives of resource

12 user interests and nonuser interests.

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

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

15 Meetings of take reduction teams shall be open to the pub16 lic, and prior notice of meetings shall be made public in

17 a timely fashion.

18 ‘‘(E) Members of take reduction teams shall serve

19 without compensation, but may be reimbursed by the Sec20 retary, upon request, for reasonable travel costs and ex21 penses incurred in performing their duties as members of

22 the team.

23 ‘‘(7) Where the human-caused mortality and serious

24 injury from a strategic stock is estimated to be equal to

25 or greater than the potential biological removal level estab-
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1 lished under section 117 for such stock and such stock

2 interacts with a fishery listed under subsection (c)(1)(A)

3 (i) or (ii), the following procedures shall apply in the devel4 opment of the take reduction plan for the stock:

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

6 of establishment of a take reduction team for the

7 stock, the team shall submit a draft take reduction

8 plan for such stock to the Secretary, consistent with

9 the other provisions of this section.

10 ‘‘(ii) Such draft take reduction plan shall be de11 veloped by consensus. In the event consensus cannot

12 be reached, the team shall advise the Secretary in

13 writing on the range of possibilities considered by

14 the team, and the views of both the majority and mi15 nority.

16 ‘‘(B)(i) The Secretary shall take the draft take

17 reduction plan into consideration and, not later than

18 60 days after the submission of the draft plan by the

19 team, the Secretary shall publish in the Federal

20 Register the plan proposed by the team, any changes

21 proposed by the Secretary with an explanation of the

22 reasons therefor, and proposed regulations to imple23 ment such plan, for public review and comment dur24 ing a period of not to exceed 90 days.
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1 ‘‘(ii) In the event that the take reduction team

2 does not submit a draft plan to the Secretary within

3 6 months, the Secretary shall, not later than 8

4 months after the establishment of the team, publish

5 in the Federal Register a proposed take reduction

6 plan and implementing regulations, for public review

7 and comment during a period of not to exceed 90

8 days.

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

10 the comment period required under subparagraph

11 (B), the Secretary shall issue a final take reduction

12 plan and implementing regulations, consistent with

13 the other provisions of this section.

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

15 days after publication of a final take reduction plan,

16 utilize newspapers of general circulation, fishery

17 trade associations, electronic media, and other

18 means of advising commercial fishermen of the re19 quirements of the plan and how to comply with

20 them.

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

22 team shall meet every 6 months, or at such other in23 tervals as the Secretary determines are necessary, to

24 monitor the implementation of the final take reduc25 tion plan until such time that the Secretary deter-
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1 mines that the objectives of such plan have been

2 met.

3 ‘‘(F) The Secretary shall amend the take reduc4 tion plan and implementing regulations as necessary

5 to meet the requirements of this section, in accord6 ance with the procedures in this section for the issu7 ance of such plans and regulations.

8 ‘‘(8) Where the human-caused mortality and serious

9 injury from a strategic stock is estimated to be less than

10 the potential biological removal level established under sec11 tion 117 for such stock and such stock interacts with a

12 fishery listed under subsection (c)(1)(A) (i) or (ii), or for

13 any marine mammal stocks which interact with a commer14 cial fishery listed under subsection (c)(1)(A)(i) for which

15 the Secretary has made a determination under paragraph

16 (1), the following procedures shall apply in the develop17 ment of the take reduction plan for such stock:

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

19 of establishment of a take reduction team for the

20 stock, the team shall submit a draft take reduction

21 plan for the stock to the Secretary, consistent with

22 the other provisions of this section.

23 ‘‘(ii) Such draft take reduction plan shall be de24 veloped by consensus. In the event consensus cannot

25 be reached, the team shall advise the Secretary in
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1 writing on the range of possibilities considered by

2 the team, and the views of both the majority and mi3 nority.

4 ‘‘(B)(i) The Secretary shall take the draft take

5 reduction plan into consideration and, not later than

6 60 days after the submission of the draft plan by the

7 team, the Secretary shall publish in the Federal

8 Register the plan proposed by the team, any changes

9 proposed by the Secretary with an explanation of the

10 reasons therefor, and proposed regulations to imple11 ment such plan, for public review and comment dur12 ing a period of not to exceed 90 days.

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

14 does not submit a draft plan to the Secretary within

15 11 months, the Secretary shall, not later than 13

16 months after the establishment of the team, publish

17 in the Federal Register a proposed take reduction

18 plan and implementing regulations, for public review

19 and comment during a period of not to exceed 90

20 days.

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

22 the comment period required under subparagraph

23 (B), the Secretary shall issue a final take reduction

24 plan and implementing regulations, consistent with

25 the other provisions of this section.
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1 ‘‘(D) The Secretary shall, during a period of 30

2 days after publication of a final take reduction plan,

3 utilize newspapers of general circulation, fishery

4 trade associations, electronic media, and other

5 means of advising commercial fishermen of the re6 quirements of the plan and how to comply with

7 them.

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

9 team shall meet on an annual basis, or at such other

10 intervals as the Secretary determines are necessary,

11 to monitor the implementation of the final take re12 duction plan until such time that the Secretary de13 termines that the objectives of such plan have been

14 met.

15 ‘‘(F) The Secretary shall amend the take reduc16 tion plan and implementing regulations as necessary

17 to meet the requirements of this section, in accord18 ance with the procedures in this section for the issu19 ance of such plans and regulations.

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

21 pursuant to this subsection, the Secretary may, where nec22 essary to implement a take reduction plan to protect or

23 restore a marine mammal stock or species covered by such

24 plan, promulgate regulations which include, but are not

25 limited to, measures to—
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•HRES 412 ATH

1 ‘‘(A) establish fishery-specific limits on inciden2 tal mortality and serious injury of marine mammals

3 in commercial fisheries or restrict commercial fish4 eries by time or area;

5 ‘‘(B) require the use of alternative commercial

6 fishing gear or techniques and new technologies, en7 courage the development of such gear or technology,

8 or convene expert skippers’ panels;

9 ‘‘(C) educate commercial fishermen, through

10 workshops and other means, on the importance of

11 reducing the incidental mortality and serious injury

12 of marine mammals in affected commercial fisheries;

13 and

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

15 (d), the effectiveness of measures taken to reduce

16 the level of incidental mortality and serious injury of

17 marine mammals in the course of commercial fishing

18 operations.

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

20 of any stock to which paragraph (1) applies for which a

21 final stock assessment has not been published under sec22 tion 117(b)(3) by April 1, 1995, due to a proceeding under

23 section 117(b)(2), or any Federal court review of such pro24 ceeding, the Secretary shall establish a take reduction
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•HRES 412 ATH

1 team under paragraph (6) for such stock as if a final stock

2 assessment had been published.

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

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

5 stock assessment for purposes of preparing and imple6 menting a take reduction plan for such stock under this

7 section.

8 ‘‘(C) Upon publication of a final stock assessment for

9 such stock under section 117(b)(3) the Secretary shall im10 mediately reconvene the take reduction team for such

11 stock for the purpose of amending the take reduction plan,

12 and any regulations issued to implement such plan, if nec13 essary, to reflect the final stock assessment or court ac14 tion. Such amendments shall be made in accordance with

15 paragraph (7)(F) or (8)(F), as appropriate.

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

17 the basis for a take reduction plan under this paragraph

18 for a period of not to exceed two years, or until a final

19 stock assessment is published, whichever is earlier. If, at

20 the end of the two-year period, a final stock assessment

21 has not been published, the Secretary shall categorize such

22 stock under section 117(a)(5)(A) and shall revoke any reg23 ulations to implement a take reduction plan for such

24 stock.
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1 ‘‘(E) Subparagraph (D) shall not apply for any pe2 riod beyond two years during which a final stock assess3 ment for such stock has not been published due to review

4 of a proceeding on such stock assessment by a Federal

5 court. Immediately upon final action by such court, the

6 Secretary shall proceed under subparagraph (C).

7 ‘‘(11) Take reduction plans developed under this sec8 tion for a species or stock listed as a threatened species

9 or endangered species under the Endangered Species Act

10 of 1973 (16 U.S.C. 1531 et seq.) shall be consistent with

11 any recovery plan developed for such species or stock

12 under section 4 of such Act.

13 ‘‘(g) EMERGENCY REGULATIONS.—(1) If the Sec14 retary finds that the incidental mortality and serious in15 jury of marine mammals from commercial fisheries is hav16 ing, or is likely to have, an immediate and significant ad17 verse impact on a stock or species, the Secretary shall take

18 actions as follows:

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

20 a take reduction plan is in effect, the Secretary

21 shall—

22 ‘‘(i) prescribe emergency regulations that,

23 consistent with such plan to the maximum ex24 tent practicable, reduce incidental mortality and

25 serious injury in that fishery; and
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1 ‘‘(ii) approve and implement, on an expe2 dited basis, any amendments to such plan that

3 are recommended by the take reduction team to

4 address such adverse impact.

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

6 a take reduction plan is being developed, the Sec7 retary shall—

8 ‘‘(i) prescribe emergency regulations to re9 duce such incidental mortality and serious in10 jury in that fishery; and

11 ‘‘(ii) approve and implement, on an expe12 dited basis, such plan, which shall provide

13 methods to address such adverse impact if still

14 necessary.

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

16 a take reduction plan does not exist and is not being

17 developed, or in the case of a commercial fishery list18 ed under subsection (c)(1)(A)(iii) which the Sec19 retary believes may be contributing to such adverse

20 impact, the Secretary shall—

21 ‘‘(i) prescribe emergency regulations to re22 duce such incidental mortality and serious in23 jury in that fishery, to the extent necessary to

24 mitigate such adverse impact;
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1 ‘‘(ii) immediately review the stock assess2 ment for such stock or species and the classi3 fication of such commercial fishery under this

4 section to determine if a take reduction team

5 should be established; and

6 ‘‘(iii) may, where necessary to address

7 such adverse impact on a species or stock listed

8 as a threatened species or endangered species

9 under the Endangered Species Act of 1973 (16

10 U.S.C. 1531 et seq.), place observers on vessels

11 in a commercial fishery listed under subsection

12 (c)(1)(A)(iii), if the Secretary has reason to be13 lieve such vessels may be causing the incidental

14 mortality and serious injury to marine mam15 mals from such stock.

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

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

18 Mammal Commission, all appropriate Regional Fishery

19 Management Councils, State fishery managers, and the

20 appropriate take reduction team (if established).

21 ‘‘(3) Emergency regulations prescribed under this

22 subsection—

23 ‘‘(A) shall be published in the Federal Register,

24 together with an explanation thereof;
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1 ‘‘(B) shall remain in effect for not more than

2 180 days or until the end of the applicable commer3 cial fishing season, whichever is earlier; and

4 ‘‘(C) may be terminated by the Secretary at an

5 earlier date by publication in the Federal Register of

6 a notice of termination, if the Secretary determines

7 that the reasons for emergency regulations no longer

8 exist.

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

10 and serious injury of marine mammals in a commercial

11 fishery is continuing to have an immediate and significant

12 adverse impact on a stock or species, the Secretary may

13 extend the emergency regulations for an additional period

14 of not more than 90 days or until reasons for the emer15 gency no longer exist, whichever is earlier.

16 ‘‘(h) PENALTIES.—Except as provided in subsection

17 (c), any person who violates this section shall be subject

18 to the provisions of sections 105 and 107, and may be

19 subject to section 106 as the Secretary shall establish by

20 regulations.

21 ‘‘(i) ASSISTANCE.—The Secretary shall provide as22 sistance to Regional Fishery Management Councils,

23 States, interstate fishery commissions, and Indian tribal

24 organizations in meeting the goal of reducing incidental
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1 mortality and serious injury to insignificant levels ap2 proaching a zero mortality and serious injury rate.

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

4 this section, the Secretary may accept, solicit, receive,

5 hold, administer, and use gifts, devises, and bequests.

6 ‘‘(k) CONSULTATION WITH SECRETARY OF THE IN7 TERIOR.—The Secretary shall consult with the Secretary

8 of the Interior prior to taking actions or making deter9 minations under this section that affect or relate to species

10 or population stocks of marine mammals for which the

11 Secretary of the Interior is responsible under this title.

12 ‘‘(l) DEFINITIONS.—As used in this section and sec13 tion 101(a)(5)(E), each of the terms ‘fishery’ and ‘vessel

14 of the United States’ has the same meaning it does in

15 section 3 of the Magnuson Fishery Conservation and Man16 agement Act (16 U.S.C. 1802).’’.

17 SEC. 12. DEFINITIONS.

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

19 at the end the following:

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

21 of pursuit, torment, or annoyance which—

22 ‘‘(i) has the potential to injure a marine

23 mammal or marine mammal stock in the wild;

24 or
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1 ‘‘(ii) has the potential to disturb a marine

2 mammal or marine mammal stock in the wild

3 by causing disruption of behavioral patterns, in4 cluding, but not limited to, migration, breath5 ing, nursing, breeding, feeding, or sheltering.

6 ‘‘(B) The term ‘Level A harassment’ means

7 harassment described in subparagraph (A)(i).

8 ‘‘(C) The term ‘Level B harassment’ means

9 harassment described in subparagraph (A)(ii).

10 ‘‘(19) The term ‘strategic stock’ means a ma11 rine mammal stock—

12 ‘‘(A) for which the level of direct human13 caused mortality exceeds the potential biological

14 removal level;

15 ‘‘(B) which, based on the best available sci16 entific information, is declining and is likely to

17 be listed as a threatened species under the En18 dangered Species Act of 1973 within the fore19 seeable future; or

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

21 or endangered species under the Endangered

22 Species Act of 1973 (16 U.S.C. 1531 et seq.),

23 or is designated as depleted under this Act.

24 ‘‘(20) The term ‘potential biological removal

25 level’ means the maximum number of animals, not
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1 including natural mortalities, that may be removed

2 from a marine mammal stock while allowing that

3 stock to reach or maintain its optimum sustainable

4 population. The potential biological removal level is

5 the product of the following factors:

6 ‘‘(A) The minimum population estimate of

7 the stock.

8 ‘‘(B) One-half the maximum theoretical or

9 estimated net productivity rate of the stock at

10 a small population size.

11 ‘‘(C) A recovery factor of between 0.1 and

12 1.0.

13 ‘‘(21) The term ‘Regional Fishery Management

14 Council’ means a Regional Fishery Management

15 Council established under section 302 of the Magnu16 son Fishery Conservation and Management Act.

17 ‘‘(22) The term ‘bona fide research’ means sci18 entific research on marine mammals, the results of

19 which—

20 ‘‘(A) likely would be accepted for publica21 tion in a referred scientific journal;

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

23 knowledge of marine mammal biology or ecol24 ogy; or
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1 ‘‘(C) are likely to identify, evaluate, or re2 solve conservation problems.

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

4 means a group designated by law or formally char5 tered which represents or consists of Indians, Aleuts,

6 or Eskimos residing in Alaska.

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

8 plan developed under section 118.

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

10 team established under section 118.

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

12 the annual per capita rate of increase in a stock re13 sulting from additions due to reproduction, less

14 losses due to mortality.

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

16 means an estimate of the number of animals in a

17 stock that—

18 ‘‘(A) is based on the best available sci19 entific information on abundance, incorporating

20 the precision and variability associated with

21 such information; and

22 ‘‘(B) provides reasonable assurance that

23 the stock size is equal to or greater than the es24 timate.’’.
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1 SEC. 13. PENALTIES; PROHIBITIONS.

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

3 1375(a)(1)) is amended by inserting ‘‘, except as provided

4 in section 118,’’ after ‘‘thereunder’’.

5 (b) CRIMINAL PENALTIES.—Section 105(b) (16

6 U.S.C. 1375(b)) is amended by inserting ‘‘(except as pro7 vided in section 118)’’ after ‘‘thereunder’’.

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

9 1372(a)) is amended by striking ‘‘and 114 of this title or

10 title III’’ and inserting ‘‘114, and 118 of this title and

11 title IV’’.

12 SEC. 14. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSIST13 ENCE.

14 Nothing in this Act, including any amendments to the

15 Marine Mammal Protection Act of 1972 made by this

16 Act—

17 (1) alters or is intended to alter any treaty be18 tween the United States and one or more Indian

19 tribes; or

20 (2) affects or otherwise modifies the provisions

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

22 Act of 1972 (16 U.S.C. 1371(b)), except as specifi23 cally provided in the amendment made by section

24 4(b) of this Act.
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1 SEC. 15. TRANSITION RULE; IMPLEMENTING REGULA2 TIONS.

3 (a) TRANSITION RULE.—Section 114(a)(1) (16

4 U.S.C. 1383a(a)(1)) is amended by striking ‘‘ending April

5 1, 1994,’’ and inserting in lieu thereof ‘‘until superseded

6 by regulations prescribed under section 118, or until Sep7 tember 1, 1995, whichever is earlier,’’.

8 (b) IMPLEMENTING REGULATIONS.—Except as pro9 vided otherwise in this Act, or the amendments to the Ma10 rine Mammal Protection Act of 1972 (16 U.S.C. 1361 et

11 seq.) made by this Act, the Secretary of Commerce or the

12 Secretary of the Interior, as appropriate, shall, after notice

13 and opportunity for public comment, promulgate regula14 tions to implement this Act and the amendments made

15 by this Act by January 1, 1995.

16 SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

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

18 amended—

19 (1) by striking paragraph (17); and

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

21 and paragraph (16) as paragraphs (16) and (17),

22 respectively.

23 (b) UNUSUAL MORTALITY EVENT FUND.—Section

24 405(a) (16 U.S.C. 1421d(a)), as so redesignated by this

25 Act, is amended by striking ‘‘a fund’’ and inserting in lieu

26 thereof ‘‘an interest bearing fund’’.
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1 SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF

2 WHALES.

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

4 States surrounding the State of Hawaii, it is lawful for

5 a person subject to the jurisdiction of the United States

6 to approach, by any means other than an aircraft, no clos7 er than 100 yards to a humpback whale, regardless of

8 whether the approach is made in waters designated under

9 section 222.31 of title 50, Code of Federal Regulations,

10 as cow/calf waters.

11 (b) TERMINATION OF LEGAL EFFECT OF CERTAIN

12 REGULATIONS.—Subsection (b) of section 222.31 of title

13 50, Code of Federal Regulations, shall cease to be in force

14 and effect.

15 SEC. 18. SCRIMSHAW EXEMPTIONS.

16 Notwithstanding any other provision of law, any valid

17 certificate of exemption renewed by the Secretary (or

18 deemed to be renewed) under section 10(f)(8) of the En19 dangered Species Act of 1973 (16 U.S.C. 1539(f)(8)) for

20 any person holding such a certificate with respect to the

21 possession of pre-Act finished scrimshaw products or raw

22 material for such products shall remain valid for a period

23 not to exceed 5 years beginning on the date of enactment

24 of this Act.
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1 SEC. 19. MARINE MAMMAL COOPERATIVE AGREEMENTS IN

2 ALASKA.

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

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

5 new section:

6 ‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS

7 IN ALASKA.

8 ‘‘(a) IN GENERAL.—The Secretary may enter into co9 operative agreements with Alaska Native organizations to

10 conserve marine mammals and provide co-management of

11 subsistence use by Alaska Natives.

12 ‘‘(b) GRANTS.—Agreements entered into under this

13 section may include grants to Alaska Native organizations

14 for, among other purposes—

15 ‘‘(1) collecting and analyzing data on marine

16 mammal populations;

17 ‘‘(2) monitoring the harvest of marine mam18 mals for subsistence use;

19 ‘‘(3) participating in marine mammal research

20 conducted by the Federal Government, States, aca21 demic institutions, and private organizations; and

22 ‘‘(4) developing marine mammal co-manage23 ment structures with Federal and State agencies.

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

25 section is intended or shall be construed—
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1 ‘‘(1) as authorizing any expansion or change in

2 the respective jurisdiction of Federal, State, or tribal

3 governments over fish and wildlife resources; or

4 ‘‘(2) as altering in any respect the existing po5 litical or legal status of Alaska Natives, or the gov6 ernmental or jurisdictional status of Alaska Native

7 communities or Alaska Native entities.

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

9 are authorized to be appropriated for the purposes of car10 rying out this section—

11 ‘‘(1) $1,500,000 to the Secretary of Commerce

12 for each of the fiscal years 1994, 1995, 1996, 1997,

13 1998, and 1999; and

14 ‘‘(2) $1,000,000 to the Secretary of the Interior

15 for each of the fiscal years 1994, 1995, 1996, 1997,

16 1998, and 1999.

17 The amounts authorized to be appropriated under this

18 subsection are in addition to the amounts authorized to

19 be appropriated under section 116.’’.

20 SEC. 20. MARINE ECOSYSTEM PROTECTION.

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

22 subsection (c) and inserting the following:

23 ‘‘(c)(1) No later than 1 year after the date of enact24 ment of the Marine Mammal Protection Act Amendments

25 of 1994, the Secretary of Commerce shall convene a re-
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1 gional workshop for the Gulf of Maine to assess human2 caused factors affecting the health and stability of that

3 marine ecosystem, of which marine mammals are a part.

4 The workshop shall be conducted in consultation with the

5 Marine Mammal Commission, the adjacent coastal States,

6 individuals with expertise in marine mammal biology and

7 ecology, representatives from environmental organizations,

8 the fishing industry, and other appropriate persons. The

9 goal of the workshop shall be to identify such factors, and

10 to recommend a program of research and management to

11 restore or maintain that marine ecosystem and its key

12 components that—

13 ‘‘(A) protects and encourages marine mammals

14 to develop to the greatest extent feasible commensu15 rate with sound policies of resource management;

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

17 the maintenance of the health and stability of the

18 marine ecosystems;

19 ‘‘(C) ensures the fullest possible range of man20 agement options for future generations; and

21 ‘‘(D) permits nonwasteful, environmentally

22 sound development of renewable and nonrenewable

23 resources.

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

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

2 the Committee on Commerce, Science and Transportation

3 of the Senate a report containing the results of the work4 shop under this subsection, proposed regulatory or re5 search actions, and recommended legislative action.

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

7 with the Secretary of the Interior, the Marine Mammal

8 Commission, the State of Alaska, and Alaska Native orga9 nizations, shall, not later than 180 days after the date of

10 enactment of the Marine Mammal Protection Act Amend11 ments of 1994, undertake a scientific research program

12 to monitor the health and stability of the Bering Sea ma13 rine ecosystem and to resolve uncertainties concerning the

14 causes of population declines of marine mammals, sea

15 birds, and other living resources of that marine ecosystem.

16 The program shall address the research recommendations

17 developed by previous workshops on Bering Sea living ma18 rine resources, and shall include research on subsistence

19 uses of such resources and ways to provide for the contin20 ued opportunity for such uses.

21 ‘‘(2) To the maximum extent practicable, the re22 search program undertaken pursuant to paragraph (1)

23 shall be conducted in Alaska. The Secretary of Commerce

24 shall utilize, where appropriate, traditional local knowl-
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1 edge and may contract with a qualified Alaska Native or2 ganization to conduct such research.

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

4 Interior, and the Commission shall address the status and

5 findings of the research program in their annual reports

6 to Congress required by sections 103(f) and 204 of this

7 Act.’’.

8 SEC. 21. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

9 Section 308(b) of the Interjurisdictional Fisheries

10 Act of 1986 (16 U.S.C. 4107(b)) is amended by striking

11 ‘‘$2,500,000 for each of the fiscal years 1989, 1990, 1991,

12 1992, 1993, 1994, and 1995’’ and inserting in lieu thereof

13 ‘‘$65,000,000 for each of the fiscal years 1994 and 1995’’.

14 SEC. 22. COASTAL ECOSYSTEM HEALTH.

15 (a) REQUIREMENT TO CONVEY.—Not later than Sep16 tember 30, 1994, the Secretary of the Navy shall convey,

17 without payment or other consideration, to the Secretary

18 of Commerce, all right, title, and interest to the property

19 comprising that portion of the Naval Base, Charleston,

20 South Carolina, bounded by Hobson Avenue, the Cooper

21 River, the landward extension of the northwest side of Pier

22 R, and the fenceline between the buildings known as 200

23 and NS–16. Such property shall include Pier R, the build24 ings known as RTC–1, RTC–4, 200, and 1874, all towers
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1 and outbuildings on that property, and all walkways and

2 parking areas associated with such buildings and Pier R.

3 (b) SURVEY; EFFECT ON LIABILITY OF SECRETARY

4 OF THE NAVY.—The acreage and legal description of the

5 property to be conveyed pursuant to this section shall be

6 determined by a survey approved by the Secretary of the

7 Navy. Such conveyance shall not release the Secretary of

8 the Navy from any liability arising prior to, during, or

9 after such conveyance as a result of the ownership or occu10 pation of the property by the United States Navy.

11 (c) USE BY NATIONAL OCEANIC AND ATMOSPHERIC

12 ADMINISTRATION.—The property conveyed pursuant to

13 this section shall be used by the Secretary of Commerce

14 in support of the operations of the National Oceanic and

15 Atmospheric Administration.

16 (d) REVERSION RIGHTS.—Conveyance of the prop17 erty pursuant to this section shall be subject to the condi18 tion that all right, title, and interest in and to the property

19 so conveyed shall immediately be conveyed to the public

20 entity vested with ownership of the remainder of the

21 Charleston Naval Base, if and when—

22 (1) continued ownership and occupation of the

23 property by the National Oceanic and Atmospheric

24 Administration no longer is compatible with the

25 comprehensive plan for reuse of the Charleston
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1 Naval Base developed by the community reuse com2 mittee and approved by the Secretary of the Navy;

3 and

4 (2) such public entity provides for relocation of

5 the programs and personnel of the National Oceanic

6 and Atmospheric Administration occupying such

7 property, at no further cost to the United States

8 Government, to a comparable facility, including ad9 jacent waterfront and pier, within the Charleston

10 area.

11 SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE.

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

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

14 new section:

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

16 ‘‘(a) PINNIPED REMOVAL AUTHORITY.—Notwith17 standing any other provision of this title, the Secretary

18 may permit the intentional lethal taking of pinnipeds in

19 accordance with this section.

20 ‘‘(b) APPLICATION.—(1) A State may apply to the

21 Secretary to authorize the intentional lethal taking of indi22 vidually identifiable pinnipeds which are having a signifi23 cant negative impact on the decline or recovery of

24 salmonid fishery stocks which—
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1 ‘‘(A) have been listed as threatened species or

2 endangered species under the Endangered Species

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

4 ‘‘(B) the Secretary finds are approaching

5 threatened species or endangered species status (as

6 those terms are defined in that Act); or

7 ‘‘(C) migrate through the Ballard Locks at Se8 attle, Washington.

9 ‘‘(2) Any such application shall include a means of

10 identifying the individual pinniped or pinnipeds, and shall

11 include a detailed description of the problem interaction

12 and expected benefits of the taking.

13 ‘‘(c) ACTIONS IN RESPONSE TO APPLICATION.—(1)

14 Within 15 days of receiving an application, the Secretary

15 shall determine whether the application has produced suf16 ficient evidence to warrant establishing a Pinniped-Fish17 ery Interaction Task Force to address the situation de18 scribed in the application. If the Secretary determines suf19 ficient evidence has been provided, the Secretary shall es20 tablish a Pinniped-Fishery Interaction Task Force and

21 publish a notice in the Federal Register requesting public

22 comment on the application.

23 ‘‘(2) A Pinniped-Fishery Interaction Task Force es24 tablished under paragraph (1) shall consist of designated

25 employees of the Department of Commerce, scientists who
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1 are knowledgeable about the pinniped interaction that the

2 application addresses, representatives of affected con3 servation and fishing community organizations, Indian

4 Treaty tribes, the States, and such other organizations as

5 the Secretary deems appropriate.

6 ‘‘(3) Within 60 days after establishment, and after

7 reviewing public comments in response to the Federal

8 Register notice under paragraph (1), the Pinniped-Fishery

9 Interaction Task Force shall—

10 ‘‘(A) recommend to the Secretary whether to

11 approve or deny the proposed intentional lethal tak12 ing of the pinniped or pinnipeds, including along

13 with the recommendation a description of the spe14 cific pinniped individual or individuals, the proposed

15 location, time, and method of such taking, criteria

16 for evaluating the success of the action, and the du17 ration of the intentional lethal taking authority; and

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

19 and practicable, including a recommended course of

20 action.

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

22 from the Pinniped-Fishery Interaction Task Force, the

23 Secretary shall either approve or deny the application. If

24 such application is approved, the Secretary shall imme25 diately take steps to implement the intentional lethal tak-
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1 ing, which shall be performed by Federal or State agen2 cies, or qualified individuals under contract to such agen3 cies.

4 ‘‘(5) After implementation of an approved applica5 tion, the Pinniped-Fishery Interaction Task Force shall

6 evaluate the effectiveness of the permitted intentional le7 thal taking or alternative actions implemented. If imple8 mentation was ineffective in eliminating the problem inter9 action, the Task Force shall recommend additional ac10 tions. If the implementation was effective, the Task Force

11 shall so advise the Secretary, and the Secretary shall dis12 band the Task Force.

13 ‘‘(d) CONSIDERATIONS.—In considering whether an

14 application should be approved or denied, the Pinniped15 Fishery Interaction Task Force and the Secretary shall

16 consider—

17 ‘‘(1) population trends, feeding habits, the loca18 tion of the pinniped interaction, how and when the

19 interaction occurs, and how many individual

20 pinnipeds are involved;

21 ‘‘(2) past efforts to nonlethally deter such

22 pinnipeds, and whether the applicant has dem23 onstrated that no feasible and prudent alternatives

24 exist and that the applicant has taken all reasonable

25 nonlethal steps without success;
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1 ‘‘(3) the extent to which such pinnipeds are

2 causing undue injury or impact to, or imbalance

3 with, other species in the ecosystem, including fish

4 populations; and

5 ‘‘(4) the extent to which such pinnipeds are ex6 hibiting behavior that presents an ongoing threat to

7 public safety.

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

9 the intentional lethal taking of any pinniped from a spe10 cies or stock that is—

11 ‘‘(1) listed as a threatened species or endan12 gered species under the Endangered Species Act of

13 1973 (16 U.S.C. 1531 et seq.);

14 ‘‘(2) depleted under this Act; or

15 ‘‘(3) a strategic stock.

16 ‘‘(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR

17 SEALS; INVESTIGATION AND REPORT.—

18 ‘‘(1) The Secretary shall engage in a scientific

19 investigation to determine whether California sea

20 lions and Pacific harbor seals—

21 ‘‘(A) are having a significant negative im22 pact on the recovery of salmonid fishery stocks

23 which have been listed as endangered species or

24 threatened species under the Endangered Spe25 cies Act of 1973 (16 U.S.C. 1531 et seq.), or
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1 which the Secretary finds are approaching such

2 endangered species or threatened species status;

3 or

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

5 coastal ecosystems of Washington, Oregon, and

6 California.

7 The Secretary shall conclude this investigation and

8 prepare a report on its results no later than October

9 1, 1995.

10 ‘‘(2) Upon completion of the scientific investiga11 tion required under paragraph (1), the Secretary

12 shall enter into discussions with the Pacific States

13 Marine Fisheries Commission, on behalf of the

14 States of Washington, Oregon, and California, for

15 the purpose of addressing any issues or problems

16 identified as a result of the scientific investigation,

17 and to develop recommendations to address such is18 sues or problems. Any recommendations resulting

19 from such discussions shall be submitted, along with

20 the report, to the Committee on Merchant Marine

21 and Fisheries of the House of Representatives and

22 the Committee on Commerce, Science, and Trans23 portation of the Senate.

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

25 the recommendations submitted under paragraph (2)
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1 available to the public for review and comment for

2 a period of 90 days.

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

4 the Secretary such sums as are necessary to carry

5 out the provisions of this subsection.

6 ‘‘(5) The amounts appropriated under section

7 308(c) of the Interjurisdictional Fisheries Act of

8 1986 (16 U.S.C. 4107(c)) and allocated to the Pa9 cific States Marine Fisheries Commission may be

10 used by the Commission to participate in discussions

11 with the Secretary under paragraph (2).

12 ‘‘(g) REGIONWIDE PINNIPED-FISHERY INTERACTION

13 STUDY.—

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

15 less than three high predation areas in anadromous

16 fish migration corridors within the Northwest Re17 gion of the National Marine Fisheries Service, on

18 the interaction between fish and pinnipeds. In con19 ducting the study, the Secretary shall consult with

20 other State and Federal agencies with expertise in

21 pinniped-fishery interaction. The study shall evalu22 ate—

23 ‘‘(A) fish behavior in the presence of pred24 ators generally;
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1 ‘‘(B) holding times and passage rates of

2 anadromous fish stocks in areas where such fish

3 are vulnerable to predation;

4 ‘‘(C) whether additional facilities exist, or

5 could be reasonably developed, that could im6 prove escapement for anadromous fish; and

7 ‘‘(D) other issues the Secretary considers

8 relevant.

9 ‘‘(2) Subject to the availability of appropria10 tions, the Secretary may, not later than 18 months

11 after the commencement of the study under this

12 subsection, transmit a report on the results of the

13 study to the Committee on Commerce, Science, and

14 Transportation of the Senate and the Committee on

15 Merchant Marine and Fisheries of the House of

16 Representatives.

17 ‘‘(3) The study conducted under this subsection

18 may not be used by the Secretary as a reason for

19 delaying or deferring a determination or consider20 ation under subsection (c) or (d).

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

22 shall establish a Pinniped-Fishery Interaction Task Force

23 to advise the Secretary on issues or problems regarding

24 pinnipeds interacting in a dangerous or damaging manner

25 with aquaculture resources in the Gulf of Maine. No later
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1 than 2 years from the date of enactment of this section,

2 the Secretary shall after notice and opportunity for public

3 comment submit to the Committee on Merchant Marine

4 and Fisheries of the House of Representatives and the

5 Committee on Commerce, Science, and Transportation of

6 the Senate a report containing recommended available al7 ternatives to mitigate such interactions.

8 ‘‘(i) REQUIREMENTS APPLICABLE TO TASK

9 FORCES.—(1) Any task force established under this sec10 tion—

11 ‘‘(A) shall to the maximum extent practicable,

12 consist of an equitable balance among representa13 tives of resource user interests and nonuser inter14 ests; and

15 ‘‘(B) shall not be subject to the Federal Advi16 sory Committee Act (5 App. U.S.C.).

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

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

19 those meetings shall be given to the public by the task

20 force in a timely fashion.

21 ‘‘(j) GULF OF MAINE HARBOR PORPOISE.—(1)

22 Nothing in section 117 shall prevent the Secretary from

23 publishing a stock assessment for Gulf of Maine harbor

24 porpoise in an expedited fashion.
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1 ‘‘(2) In developing and implementing a take reduction

2 plan under section 118 for Gulf of Maine harbor porpoise,

3 the Secretary shall consider all actions already taken to

4 reduce incidental mortality and serious injury of such

5 stock, and may, based on the recommendations of the take

6 reduction team for such stock, modify the time period re7 quired for compliance with section 118(f)(5)(A), but in no

8 case may such modification extend the date of compliance

9 beyond April 1, 1997.’’.

10 SEC 24. FURTHER TECHNICAL AND CONFORMING AMEND11 MENTS.

12 (a) AMENDMENTS RELATING TO DEFINITION OF

13 SECRETARY.—

14 (1) EXECUTION OF PRIOR AMENDMENTS.—The

15 amendments set forth in section 3004(b) of the Ma16 rine Mammal Health and Stranding Response Act

17 (106 Stat. 5067)—

18 (A) are deemed to have been made by that

19 section to section 3(12) of the Marine Mammal

20 Protection Act of 1972 (16 U.S.C. 1362(12));

21 and

22 (B) shall not be considered to have been

23 made by that section to section 3(11) of that

24 Act (16 U.S.C. 1362(11)).
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1 (2) FURTHER TECHNICAL AND CONFORMING

2 AMENDMENTS.—Section 3(12)(B) of the Marine

3 Mammal Protection Act of 1972, as deemed by

4 paragraph (1)(A) of this subsection to have been

5 amended by section 3004(b) of the Marine Mammal

6 Health and Stranding Response Act (106 Stat.

7 5067), is further amended in subparagraph (B) by

8 striking ‘‘in title III’’ and inserting ‘‘in section 118

9 and title IV’’.

10 (b) MARINE MAMMAL HEALTH AND STRANDING RE11 SPONSE.—The Act (16 U.S.C. 1361 et seq.) is amended—

12 (1) by redesignating title III, as added by Pub13 lic Law 102–587 (106 Stat. 5060), as title IV; and

14 (2) by redesignating the sections of that title

15 (16 U.S.C. 1421 through 1421h) as sections 401

16 through 409, respectively.

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

18 (16 U.S.C. 1361 et seq.) is amended—

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

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

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

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

23 ‘‘404(b)’’;
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1 (3) in section 406(a)(2)(A) (as redesignated by

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

3 ‘‘404(b)’’;

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

5 this section) by striking ‘‘304(c)’’ and inserting

6 ‘‘404(c)’’;

7 (5) in section 408(1) (as redesignated by this

8 section)—

9 (A) by striking ‘‘305’’ and inserting

10 ‘‘405’’, and

11 (B) by striking ‘‘307’’ and inserting

12 ‘‘407’’;

13 (6) in section 408(2) (as redesignated by this

14 section) by striking ‘‘307’’ and inserting ‘‘407’’;

15 (7) in section 409(1) (as redesignated by this

16 section) by striking ‘‘305(a)’’ and inserting

17 ‘‘405(a)’’;

18 (8) in section 409(5) (as redesignated by this

19 section) by striking ‘‘307(a)’’ and inserting

20 ‘‘407(a)’’;

21 (9) in section 102(a) (16 U.S.C. 1372(a)) by

22 striking ‘‘title III’’ and inserting ‘‘title IV’’;

23 (10) in section 109(h)(1) (16 U.S.C.

24 1379(h)(1)) by striking ‘‘title III’’ and inserting

25 ‘‘title IV’’;
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1 (11) in section 112(c) (16 U.S.C. 1382(c)) by

2 striking ‘‘or title III’’ and inserting ‘‘or title IV’’;

3 and

4 (12) in the table of contents in the first section,

5 by striking the items relating to the title that is re6 designated by subsection (b) of this section and the

7 sections that are redesignated by subsection (b) of

8 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.

‘‘Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.

‘‘Sec. 408. Authorization of appropriations.

‘‘Sec. 409. Definitions.’’.

9 (d) CLERICAL AMENDMENTS.—The portion of the

10 table of contents in the first section of the Act relating

11 to title I is amended by adding at the end the following

12 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.’’.

13 (e) EFFECTIVE DATE.—The amendments made by

14 subsection (a) shall be effective as if enacted as part of

15 section 3004 of the Marine Mammal Health and Strand16 ing Response Act (106 Stat. 5067).
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1 SEC. 25. TRANSFER.

2 Of amounts appropriated by Public Law 103–139 to

3 the Department of the Navy for Shipbuilding and Conver4 sion, Navy, the Secretary of the Navy shall transfer

5 $8,000,000 not later than May 15, 1994, to the Adminis6 trator of the Maritime Administration for the conversion

7 of the USNS CHAUVENET to a training ship for the

8 Texas Maritime Academy’s Training Program.

9 Æ

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