103D CONGRESS

2D SESSION S. 1636

SENATE AMENDMENT

TO HOUSE

AMENDMENT
In the Senate of the United States,

March 24 (legislative day, February 22), 1994.

Resolved, That the Senate agree to the amendment of

the House of Representatives to the bill (S. 1636) entitled

‘‘An Act to authorize appropriations for the Marine Mammal

Protection Act of 1972 and to improve the program to reduce

the incidental taking of marine mammals during the course

of commercial fishing operations, and for other purposes’’

with the following

SENATE AMENDMENT TO

HOUSE AMENDMENT:

In lieu of the matter proposed to be inserted by the

House amendment to the text of the bill, insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Marine Mammal Protec3 tion Act Amendments of 1994’’.

4 SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION

5 ACT OF 1972.

6 Except as otherwise expressly provided, whenever in

7 this Act an amendment or repeal is expressed in terms of

8 an amendment to, or repeal of, a section or other provision,

9 the reference shall be considered to be made to a section or

10 other provision of the Marine Mammal Protection Act of

11 1972 (16 U.S.C. 1361 et seq.).
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1 SEC. 3. FINDINGS AND DECLARATION OF POLICY.

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

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

4 habitats, including’’ after ‘‘made to protect’’; and

5 (2) in paragraph (5) in the matter following

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

7 before ‘‘is therefore necessary’’.

8 SEC. 4. MORATORIUM AND EXCEPTIONS.

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

10 is amended—

11 (1) by amending paragraph (1) to read as fol12 lows:

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

14 104, permits may be issued by the Secretary for tak15 ing, and importation for purposes of scientific re16 search, public display, photography for educational or

17 commercial purposes, or enhancing the survival or re18 covery of a species or stock, or for importation of

19 polar bear parts (other than internal organs) taken in

20 sport hunts in Canada. Such permits, except permits

21 issued under section 104(c)(5), may be issued if the

22 taking or importation proposed to be made is first re23 viewed by the Marine Mammal Commission and the

24 Committee of Scientific Advisors on Marine Mammals

25 established under title II. The Commission and Com26 mittee shall recommend any proposed taking or im-
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1 portation, other than importation under section

2 104(c)(5), which is consistent with the purposes and

3 policies of section 2 of this Act. If the Secretary issues

4 such a permit for importation, the Secretary shall

5 issue to the importer concerned a certificate to that ef6 fect in such form as the Secretary of the Treasury

7 prescribes, and such importation may be made upon

8 presentation of the certificate to the customs officer

9 concerned.’’;

10 (2) in paragraph (2) in the first sentence, by in11 serting before the period at the end the following: ‘‘,

12 or in lieu of such permits, authorizations may be

13 granted therefor under section 118, subject to regula14 tions prescribed under that section by the Secretary

15 without regard to section 103’’;

16 (3) in paragraph (3)(B)—

17 (A) by inserting ‘‘, photography for edu18 cational or commercial purposes,’’ after ‘‘pur19 poses’’; and

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

21 paragraph (5) of this subsection,’’ after ‘‘sub22 section,’’;

23 (4) by amending paragraph (4) to read as fol24 lows:
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1 ‘‘(4)(A) Except as provided in subparagraphs

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

3 to the use of measures—

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

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

6 a marine mammal from damaging the gear or

7 catch;

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

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

10 to deter a marine mammal from damaging pri11 vate property;

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

13 mammal from endangering personal safety; or

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

15 marine mammal from damaging public prop16 erty,

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

18 or serious injury of a marine mammal.

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

20 with appropriate experts, and after notice and oppor21 tunity for public comment, publish in the Federal

22 Register a list of guidelines for use in safely deterring

23 marine mammals. In the case of marine mammals

24 listed as endangered species or threatened species

25 under the Endangered Species Act of 1973, the Sec-
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1 retary shall recommend specific measures which may

2 be used to nonlethally deter marine mammals. Ac3 tions to deter marine mammals consistent with such

4 guidelines or specific measures shall not be a viola5 tion of this Act.

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

7 scientific information available, that certain forms of

8 deterrence have a significant adverse effect on marine

9 mammals, the Secretary may prohibit such deterrent

10 methods, after notice and opportunity for public com11 ment, through regulation under this Act.

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

13 pursuant to subparagraph (A) applies to all marine

14 mammals, including all stocks designated as depleted

15 under this Act.’’;

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

17 following new subparagraphs:

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

19 United States who engage in a specified activity

20 (other than commercial fishing) within a specific geo21 graphic region, the Secretary shall authorize, for peri22 ods of not more than 1 year, subject to such condi23 tions as the Secretary may specify, the incidental, but

24 not intentional, taking by harassment of small num25 bers of marine mammals of a species or population
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1 stock by such citizens while engaging in that activity

2 within that region if the Secretary finds that such

3 harassment during each period concerned—

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

5 species or stock, and

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

7 impact on the availability of such species or

8 stock for taking for subsistence uses pursuant to

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

10 a cooperative agreement under section 119.

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

12 prescribe, where applicable—

13 ‘‘(I) permissible methods of taking by har14 assment pursuant to such activity, and other

15 means of effecting the least practicable impact on

16 such species or stock and its habitat, paying par17 ticular attention to rookeries, mating grounds,

18 and areas of similar significance, and on the

19 availability of such species or stock for taking for

20 subsistence uses pursuant to subsection (b) or

21 section 109(f) or pursuant to a cooperative

22 agreement under section 119,

23 ‘‘(II) the measures that the Secretary deter24 mines are necessary to ensure no unmitigable

25 adverse impact on the availability of the species
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1 or stock for taking for subsistence uses pursuant

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

3 a cooperative agreement under section 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 to

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

12 cooperative agreement under section 119.

13 ‘‘(iii) The Secretary shall publish a proposed au14 thorization not later than 45 days after receiving an

15 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 pub21 lic comment period, if the Secretary makes the find22 ings set forth in clause (i), the Secretary shall issue

23 an authorization with appropriate conditions to meet

24 the requirements of clause (ii).
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1 ‘‘(iv) The Secretary shall modify, suspend, or re2 voke an authorization if the Secretary finds that the

3 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 this

7 Act for taking by harassment that occurs in compli8 ance with such authorization.

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

10 years, the Secretary shall allow the incidental, but not

11 the intentional, taking by persons using vessels of the

12 United States or vessels which have valid fishing per13 mits issued by the Secretary in accordance with sec14 tion 204(b) of the Magnuson Fishery Conservation

15 and Management Act (16 U.S.C. 1824(b)), while en16 gaging in commercial fishing operations, of marine

17 mammals from a species or stock designated as de18 pleted because of its listing as an endangered species

19 or threatened species under the Endangered Species

20 Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary,

21 after notice and opportunity for public comment, de22 termines 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 been

10 developed or is being developed for such species

11 or stock.

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

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

14 Secretary shall publish in the Federal Register a list

15 of those fisheries for which such determination was

16 made, and, for vessels required to register under sec17 tion 118, shall issue an appropriate permit for each

18 authorization granted under such section to vessels to

19 which this paragraph applies. Vessels engaged in a

20 fishery included in the notice published by the Sec21 retary under this clause which are not required to

22 register under section 118 shall not be subject to the

23 penalties of this Act for the incidental taking of ma24 rine mammals to which this paragraph applies, so

25 long as the owner or master of such vessel reports any
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1 incidental mortality or injury of such marine mam2 mals to the Secretary in accordance with section 118.

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

4 fishing season, the Secretary determines that the level

5 of incidental mortality or serious injury from com6 mercial fisheries for which a determination was made

7 under clause (i) has resulted or is likely to result in

8 an impact that is more than negligible on the endan9 gered or threatened species or stock, the Secretary

10 shall use the emergency authority granted under sec11 tion 118 to protect such species or stock, and may

12 modify any permit granted under this paragraph as

13 necessary.

14 ‘‘(iv) The Secretary may suspend for a time cer15 tain or revoke a permit granted under this subpara16 graph only if the Secretary determines that the condi17 tions or limitations set forth in such permit are not

18 being complied with. The Secretary may amend or

19 modify, after notice and opportunity for public com20 ment, the list of fisheries published under clause (ii)

21 whenever the Secretary determines there has been a

22 significant change in the information or conditions

23 used to determine such list.
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1 ‘‘(v) Sections 103 and 104 shall not apply to the

2 taking of marine mammals under the authority of

3 this subparagraph.

4 ‘‘(vi) This paragraph shall not govern the inci5 dental taking of California sea otters and shall not be

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

7 1986 (Public Law 99–625; 100 Stat. 3500).’’; and

8 (6) by adding at the end the following new para9 graph:

10 ‘‘(6)(A) A marine mammal product may be im11 ported into the United States if the product—

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

13 any citizen of the United States in conjunction

14 with travel outside the United States, provided

15 that the product is imported into the United

16 States by the same person upon the termination

17 of travel;

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

19 States as part of a cultural exchange by an In20 dian, Aleut, or Eskimo residing in Alaska; or

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

22 Russia, Canada, or Greenland and is imported

23 for noncommercial purposes in conjunction with

24 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, clothing,

14 or handicrafts between an Indian, Aleut, or Es15 kimo residing in Alaska and a Native inhabitant

16 of Russia, Canada, or Greenland, including ren17 dering of raw marine mammal parts as part of

18 such exchange into clothing or handicrafts

19 through carving, painting, sewing, or decorat20 ing.’’.

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 reg24 ulation or making any assessment pursuant to a hearing

25 or proceeding under this subsection or section 117(b)(2), or
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1 in making any determination of depletion under this sub2 section or finding regarding unmitigable adverse impacts

3 under subsection (a)(5) that affects stocks or persons to

4 which this subsection applies, the Secretary shall be respon5 sible for demonstrating that such regulation, assessment, de6 termination, or finding is supported by substantial evidence

7 on the basis of the record as a whole. The preceding sentence

8 shall only be applicable in an action brought by one or more

9 Alaska Native organizations representing persons to which

10 this subsection applies.’’.

11 (c) TAKING IN DEFENSE OF SELF OR OTHERS.—Sec12 tion 101(c) (16 U.S.C. 1371(c)) is amended to read as fol13 lows:

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

15 marine mammal if such taking is imminently necessary in

16 self-defense or to save the life of a person in immediate dan17 ger, and such taking is reported to the Secretary within

18 48 hours. The Secretary may seize and dispose of any car19 cass.’’.

20 SEC. 5. PERMITS.

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

22 1372(a)) is amended—

23 (1) in paragraph (2)(B) by striking ‘‘for any

24 purpose in any way connected with the taking or im25 portation of’’ and inserting ‘‘to take or import’’; and
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1 (2) in paragraph (4) by—

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

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

4 or export’’;

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

6 ‘‘product—’’; and

7 (C) inserting after and below the text of the

8 paragraph the following:

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

10 or

11 ‘‘(B) for any purpose other than public dis12 play, scientific research, or enhancing the sur13 vival of a species or stock as provided for under

14 subsection 104(c); and’’.

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

16 amended—

17 (1) in subsection (a) by inserting ‘‘except for the

18 incidental taking of marine mammals in the course

19 of commercial fishing operations’’ before the period at

20 the end;

21 (2) in subsection (c)—

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

23 by striking ‘‘and after’’;

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

25 follows:
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1 ‘‘(2)(A) A permit may be issued to take or im2 port a marine mammal for the purpose of public dis3 play only to a person which the Secretary deter4 mines—

5 ‘‘(i) offers a program for education or con6 servation purposes that is based on profes7 sionally recognized standards of the public dis8 play community;

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

10 under the Animal Welfare Act (7 U.S.C. 2131 et

11 seq.); and

12 ‘‘(iii) maintains facilities for the public dis13 play of marine mammals that are open to the

14 public on a regularly scheduled basis and that

15 access to such facilities is not limited or re16 stricted other than by charging of an admission

17 fee.

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

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

20 obtaining any additional permit or authorization

21 under this Act, to—

22 ‘‘(i) take, import, purchase, offer to pur23 chase, possess, or transport the marine mammal

24 that is the subject of the permit; and
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1 ‘‘(ii) sell, export, or otherwise transfer pos2 session of the marine mammal, or offer to sell,

3 export, or otherwise transfer possession of the

4 marine mammal—

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

6 to a person that meets the requirements of

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

8 (A);

9 ‘‘(II) for the purpose of scientific re10 search, to a person that meets the require11 ments of paragraph (3); or

12 ‘‘(III) for the purpose of enhancing the

13 survival or recovery of a species or stock, to

14 a person that meets the requirements of

15 paragraph (4).

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

17 sold or exported or to which possession of a marine

18 mammal is otherwise transferred under the authority

19 of subparagraph (B) shall have the rights and respon20 sibilities described in subparagraph (B) with respect

21 to the marine mammal without obtaining any addi22 tional permit or authorization under this Act. Such

23 responsibilities shall be limited to—
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1 ‘‘(i) for the purpose of public display, the

2 responsibility to meet the requirements of clauses

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

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

5 the responsibility to meet the requirements of

6 paragraph (3), and

7 ‘‘(iii) for the purpose of enhancing the sur8 vival or recovery of a species or stock, the respon9 sibility to meet the requirements of paragraph

10 (4).

11 ‘‘(D) If the Secretary—

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

13 of Agriculture, that a person that holds a permit

14 under this paragraph for a marine mammal, or

15 a person exercising rights under subparagraph

16 (C), no longer meets the requirements of subpara17 graph (A)(ii) and is not reasonably likely to

18 meet those requirements in the near future, or

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

20 under this paragraph for a marine mammal, or

21 a person exercising rights under subparagraph

22 (C), no longer meets the requirements of subpara23 graph (A) (i) or (iii) and is not reasonably like24 ly to meet those requirements in the near future,
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1 the Secretary may revoke the permit in accordance

2 with section 104(e), seize the marine mammal, or co3 operate with other persons authorized to hold marine

4 mammals under this Act for disposition of the marine

5 mammal. The Secretary may recover from the person

6 expenses incurred by the Secretary for that seizure.

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

8 permit issued under subparagraph (A), or by a per9 son exercising rights under subparagraph (C), may be

10 sold, purchased, exported, or transported unless the

11 Secretary is notified of such action no later than 15

12 days before such action, and such action is for pur13 poses of public display, scientific research, or enhanc14 ing the survival or recovery of a species or stock. The

15 Secretary may only require the notification to include

16 the information required for the inventory established

17 under paragraph (10).’’;

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

19 follows:

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

21 this paragraph for scientific research purposes to an

22 applicant which submits with its permit application

23 information indicating that the taking is required to

24 further a bona fide scientific purpose. The Secretary

25 may issue a permit under this paragraph before the
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1 end of the public review and comment period required

2 under subsection (d)(2) if delaying issuance of the

3 permit could result in injury to a species, population,

4 or individual, or in loss of unique research opportuni5 ties.

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

7 research shall authorize the lethal taking of a marine

8 mammal unless the applicant demonstrates that a

9 nonlethal method of conducting the research is not

10 feasible. The Secretary shall not issue a permit for re11 search which involves the lethal taking of a marine

12 mammal from a species or stock that is depleted, un13 less the Secretary determines that the results of such

14 research will directly benefit that species or stock, or

15 that such research fulfills a critically important re16 search need.

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

18 enactment of the Marine Mammal Protection Act

19 Amendments of 1994, the Secretary shall issue a gen20 eral authorization and implementing regulations al21 lowing bona fide scientific research that may result

22 only in taking by Level B harassment of a marine

23 mammal. Such authorization shall apply to persons

24 which submit, by 60 days before commencement of
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1 such research, a letter of intent via certified mail to

2 the Secretary containing the following:

3 ‘‘(i) The species or stocks of marine mam4 mals which may be harassed.

5 ‘‘(ii) The geographic location of the re6 search.

7 ‘‘(iii) The period of time over which the re8 search will be conducted.

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

10 a description of how the definition of bona fide

11 research as established under this Act would

12 apply.

13 ‘‘(v) Methods to be used to conduct the re14 search.

15 Not later than 30 days after receipt of a letter of in16 tent to conduct scientific research under the general

17 authorization, the Secretary shall issue a letter to the

18 applicant confirming that the general authorization

19 applies, or, if the proposed research is likely to result

20 in the taking (including Level A harassment) of a

21 marine mammal, shall notify the applicant that sub22 paragraph (A) applies.’’; and

23 (D) by adding at the end the following new

24 paragraphs:
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1 ‘‘(5)(A) The Secretary may issue a permit for

2 the importation of polar bear parts (other than inter3 nal organs) taken in sport hunts in Canada, includ4 ing polar bears taken prior to the date of enactment

5 of the Marine Mammal Protection Act Amendments of

6 1994, to an applicant which submits with its permit

7 application proof that the polar bear was legally har8 vested in Canada. Such a permit shall be issued if the

9 Secretary, in consultation with the Marine Mammal

10 Commission and after notice and opportunity for

11 public comment, finds that—

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

13 sport hunting program consistent with the pur14 poses of the Agreement on the Conservation of

15 Polar Bears;

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

17 based on scientifically sound quotas ensuring the

18 maintenance of a sustainable population stock;

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

20 consistent with the provisions of the Convention

21 on International Trade in Endangered Species

22 of Wild Fauna and Flora and other inter23 national agreements and conventions; and
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1 ‘‘(iv) the export and subsequent import are

2 not likely to contribute to illegal trade in bear

3 parts.

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

5 reasonable fee for permits issued under this para6 graph. All fees collected under this paragraph shall be

7 available to the Secretary for use in developing and

8 implementing cooperative research and management

9 programs for the conservation of polar bears in Alas10 ka and Russia pursuant to section 113(d).

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

12 review of the impact of permits issued under this

13 paragraph on the polar bear stock in Canada within

14 2 years after the date of enactment of this paragraph.

15 The Secretary shall provide an opportunity for public

16 comment during the course of such review, and shall

17 include a response to such public comment in the

18 final report on such review.

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

20 this paragraph after September 30, 1996, if the Sec21 retary determines, based on the scientific review, that

22 the issuance of permits under this paragraph is hav23 ing a significant adverse impact on the polar bear

24 stock in Canada. The Secretary may review such de25 termination annually thereafter, in light of the best
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1 scientific information available, and shall complete

2 the review not later than January 31 in any year a

3 review is undertaken. The Secretary may issue per4 mits under this paragraph whenever the Secretary de5 termines, on the basis of such annual review, that the

6 issuance of permits under this paragraph is not hav7 ing a significant adverse impact on the polar bear

8 stock in Canada.

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

10 educational or commercial purposes involving marine

11 mammals in the wild only to an applicant which

12 submits with its permit application information indi13 cating that the taking will be limited to Level B har14 assment, and the manner in which the products of

15 such activities will be made available to the public.

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

17 under paragraph (2), (3), or (4) for a marine mam18 mal which is in the possession of any person author19 ized to possess it under this Act and which is deter20 mined under guidance under section 402(a) not to be

21 releasable to the wild, the Secretary shall issue the

22 permit to the person requesting the permit if that per23 son—
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1 ‘‘(A) meets the requirements of clauses (i),

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

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

4 ‘‘(B) meets the requirements of paragraph

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

6 that paragraph; or

7 ‘‘(C) meets the requirements of paragraph

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

9 that paragraph.

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

11 shall be required to possess, sell, purchase, transport,

12 export, or offer to sell or purchase the progeny of ma13 rine mammals taken or imported under this sub14 section, if such possession, sale, purchase, transport,

15 export, or offer to sell or purchase is—

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

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

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

19 paragraph (2)(A);

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

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

22 the requirements of paragraph (3); or

23 ‘‘(iii) for the purpose of enhancing the sur24 vival or recovery of a species or stock, and by or
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1 to, respectively, a person which meets the re2 quirements of paragraph (4).

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

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

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

6 mammal that gives birth to progeny shall—

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

8 progeny within 30 days after the date of birth;

9 and

10 ‘‘(II) notify the Secretary of the sale, pur11 chase, or transport of such progeny no later than

12 15 days before such action.

13 ‘‘(ii) The Secretary may only require notifica14 tion under clause (i) to include the information re15 quired for the inventory established under paragraph

16 (10).

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

18 captivity before the date of the enactment of the Ma19 rine Mammal Protection Act Amendments of 1994

20 and held in captivity for the purpose of public dis21 play shall be treated as though born after that date

22 of enactment.

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

24 the purpose of public display, scientific research, or

25 enhancing the survival or recovery of a species or
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1 stock unless the receiving facility meets standards that

2 are comparable to the requirements that a person

3 must meet to receive a permit under this subsection

4 for that purpose.

5 ‘‘(10) The Secretary shall establish and maintain

6 an inventory of all marine mammals possessed pursu7 ant to permits issued under paragraph (2)(A), by

8 persons exercising rights under paragraph (2)(C), and

9 all progeny of such marine mammals. The inventory

10 shall contain, for each marine mammal, only the fol11 lowing information which shall be provided by a per12 son holding a marine mammal under this Act:

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

14 other identification.

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

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

17 the marine mammal.

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

19 of the marine mammal by the permit holder.

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

21 mammal was acquired including the location of

22 the take from the wild, if applicable.

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

24 the name of the recipient.
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1 ‘‘(G) A notation if the animal was acquired

2 as the result of a stranding.

3 ‘‘(H) The date of death of the marine mam4 mal and the cause of death when determined.’’;

5 and

6 (3) in subsection (e)(1) by—

7 (A) striking ‘‘or’’ at the end of subpara8 graph (A);

9 (B) striking the period at the end of sub10 paragraph (B) and inserting ‘‘, or’’; and

11 (C) adding at the end the following new

12 subparagraph:

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

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

15 the Secretary, in consultation with the appropriate

16 authority in Canada, determines that the sustain17 ability of Canada’s polar bear population stocks are

18 being adversely affected or that sport hunting may be

19 having a detrimental effect on maintaining polar

20 bear population stocks throughout their range.’’.

21 (c) EXISTING PERMITS.—Any permit issued under sec22 tion 104(c)(2) of the Marine Mammal Protection Act of

23 1972 (16 U.S.C. 1374(c)(2)) before the date of the enactment

24 of this Act is hereby modified to be consistent with that

25 section as amended by this Act.
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1 SEC. 6. PURPOSE AND USE OF THE FUND.

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

3 this Act, is amended—

4 (1) in subsection (b)(1)(A)—

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

6 (i); and

7 (B) by inserting at the end the following

8 new clause:

9 ‘‘(iii) for care and maintenance of marine mam10 mal seized under section 104(c)(2)(D); and’’; and

11 (2) in subsection (d) by striking ‘‘For purposes

12 of carrying out this title, the’’ and inserting ‘‘The’’.

13 SEC. 7. APPLICATION TO OTHER TREATIES AND CONVEN14 TIONS.

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

16 (1) designating the existing paragraph as sub17 section (a); and

18 (2) adding at the end the following new sub19 sections:

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

21 of the Marine Mammal Protection Act Amendments of

22 1994, the Secretary of the Interior shall, in consultation

23 with the contracting parties, initiate a review of the effec24 tiveness of the Agreement on the Conservation of Polar

25 Bears, as provided for in Article IX of the Agreement, and
29

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1 establish a process by which future reviews shall be con2 ducted.

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

4 the Secretary of State and the Marine Mammal Commis5 sion, shall review the effectiveness of United States imple6 mentation of the Agreement on the Conservation of Polar

7 Bears, particularly with respect to the habitat protection

8 mandates contained in Article II. The Secretary shall re9 port the results of this review to the Committee on Merchant

10 Marine and Fisheries of the House of Representatives and

11 the Committee on Commerce, Science, and Transportation

12 of the Senate not later than April 1, 1995.

13 ‘‘(d) Not later than 6 months after the date of enact14 ment of the Marine Mammal Protection Act Amendments

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

16 Secretary of State and in consultation with the Marine

17 Mammal Commission and the State of Alaska, shall consult

18 with the appropriate officials of the Russian Federation on

19 the development and implementation of enhanced coopera20 tive research and management programs for the conserva21 tion of polar bears in Alaska and Russia. The Secretary

22 shall report the results of this consultation and provide

23 periodic progress reports on the research and management

24 programs to the Committee on Merchant Marine and Fish-
30

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1 eries of the House of Representatives and the Committee on

2 Commerce, Science and Transportation of the Senate.’’.

3 SEC. 8. CONSERVATION PLANS.

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

5 adding at the end the following new paragraph:

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

7 plan is necessary to reduce the incidental taking of marine

8 mammals in the course of commercial fishing operations

9 from a strategic stock, or for species or stocks which interact

10 with a commercial fishery for which the Secretary has made

11 a determination under section 118(b)(1), any conservation

12 plan prepared under this subsection for such species or stock

13 shall incorporate the take reduction plan required under

14 section 118 for such species or stock.’’.

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

16 (a) DEPARTMENTS OF COMMERCE AND THE INTE17 RIOR.—Section 116 is amended to read as follows:

18 ‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘(a) DEPARTMENT OF COMMERCE.—(1) There are au20 thorized to be appropriated to the Department of Commerce,

21 for purposes of carrying out its functions and responsibil22 ities under this title (other than sections 117 and 118) and

23 title IV, $12,138,000 for fiscal year 1994, $12,623,000 for

24 fiscal year 1995, $13,128,000 for fiscal year 1996,
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1 $13,653,000 for fiscal year 1997, $14,200,000 for fiscal year

2 1998, and $14,768,000 for fiscal year 1999.

3 ‘‘(2) There are authorized to be appropriated to the

4 Department of Commerce, for purposes of carrying out sec5 tions 117 and 118, $20,000,000 for each of the fiscal years

6 1994 through 1999.

7 ‘‘(b) DEPARTMENT OF THE INTERIOR.—There are au8 thorized to be appropriated to the Department of the Inte9 rior, for purposes of carrying out its functions and respon10 sibilities under this title, $8,000,000 for fiscal year 1994,

11 $8,600,000 for fiscal year 1995, $9,000,000 for fiscal year

12 1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal

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

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

15 amended to read as follows:

16 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘There are authorized to be appropriated to the Ma18 rine Mammal Commission, for purposes of carrying out

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

20 fiscal year 1995, $1,600,000 for fiscal year 1996, $1,650,000

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

22 $1,750,000 for fiscal year 1999.’’.

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

24 to improve the operation of the Marine Mammal Protection
32

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1 Act of 1972, and for other purposes’’, approved October 9,

2 1981 (16 U.S.C. 1384 and 1407), is repealed.

3 SEC. 10. STOCK ASSESSMENTS.

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

5 at the end the following new section:

6 ‘‘SEC. 117. STOCK ASSESSMENTS.

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

8 Secretary shall, in consultation with the appropriate re9 gional scientific review group established under subsection

10 (d), prepare a draft stock assessment for each marine mam11 mal stock which occurs in waters under the jurisdiction of

12 the United States. Each draft stock assessment, based on

13 the best scientific information available, shall—

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

15 stock, including any seasonal or temporal variation

16 in such range;

17 ‘‘(2) provide for such stock the minimum popu18 lation estimate, current and maximum net productiv19 ity rates, and current population trend, including a

20 description of the information upon which these are

21 based;

22 ‘‘(3) estimate the annual human-caused mortal23 ity and serious injury of the stock by source and, for

24 a strategic stock, other factors that may be causing a
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1 decline or impeding recovery of the stock, including

2 effects on marine mammal habitat and prey;

3 ‘‘(4) describe commercial fisheries that interact

4 with the stock, including—

5 ‘‘(A) the approximate number of vessels ac6 tively participating in each such fishery;

7 ‘‘(B) the estimated level of incidental mor8 tality and serious injury of the stock by each

9 such fishery on an annual basis;

10 ‘‘(C) seasonal or area differences in such in11 cidental mortality or serious injury; and

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

13 standard unit of fishing effort, of such incidental

14 mortality and serious injury, and an analysis

15 stating whether such level is insignificant and is

16 approaching a zero mortality and serious injury

17 rate;

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

19 either—

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

21 and serious injury that is not likely to cause the

22 stock to be reduced below its optimum sustain23 able population; or

24 ‘‘(B) is a strategic stock, with a description

25 of the reasons therefor; and
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1 ‘‘(6) estimate the potential biological removal

2 level for the stock, describing the information used to

3 calculate it, including the recovery factor.

4 ‘‘(b) PUBLIC COMMENT.—(1) The Secretary shall pub5 lish in the Federal Register a notice of the availability of

6 a draft stock assessment or any revision thereof and provide

7 an opportunity for public review and comment during a

8 period of 90 days. Such notice shall include a summary

9 of the assessment and a list of the sources of information

10 or published reports upon which the assessment is based.

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

12 under paragraph (1), if requested by a person to which sec13 tion 101(b) applies, the Secretary shall conduct a proceed14 ing on the record prior to publishing a final stock assess15 ment or any revision thereof for any stock subject to taking

16 under section 101(b).

17 ‘‘(3) After consideration of the best scientific informa18 tion available, the advice of the appropriate regional sci19 entific review group established under subsection (d), and

20 the comments of the general public, the Secretary shall pub21 lish in the Federal Register a notice of availability and a

22 summary of the final stock assessment or any revision there23 of, not later than 90 days after—

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

25 a draft stock assessment or revision thereof; or
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1 ‘‘(B) final action on an agency proceeding pur2 suant to paragraph (2).

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

4 review stock assessments in accordance with this sub5 section—

6 ‘‘(A) at least annually for stocks which are speci7 fied as strategic stocks;

8 ‘‘(B) at least annually for stocks for which sig9 nificant new information is available; and

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

11 stocks.

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

13 the status of the stock has changed or can be more accurately

14 determined, the Secretary shall revise the stock assessment

15 in accordance with subsection (b).

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

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

18 section, the Secretary of Commerce shall, in consultation

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

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

21 Mammal Commission, the Governors of affected adjacent

22 coastal States, regional fishery and wildlife management

23 authorities, Alaska Native organizations and Indian tribes,

24 and environmental and fishery groups, establish three inde25 pendent regional scientific review groups representing Alas-
36

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1 ka, the Pacific Coast (including Hawaii), and the Atlantic

2 Coast (including the Gulf of Mexico), consisting of individ3 uals with expertise in marine mammal biology and ecology,

4 population dynamics and modeling, commercial fishing

5 technology and practices, and stocks taken under section

6 101(b). The Secretary of Commerce shall, to the maximum

7 extent practicable, attempt to achieve a balanced represen8 tation of viewpoints among the individuals on each regional

9 scientific review group. The regional scientific review

10 groups shall advise the Secretary on—

11 ‘‘(A) population estimates and the population

12 status and trends of such stocks;

13 ‘‘(B) uncertainties and research needed regard14 ing stock separation, abundance, or trends, and fac15 tors affecting the distribution, size, or productivity of

16 the stock;

17 ‘‘(C) uncertainties and research needed regarding

18 the species, number, ages, gender, and reproductive

19 status of marine mammals;

20 ‘‘(D) research needed to identify modifications in

21 fishing gear and practices likely to reduce the inci22 dental mortality and serious injury of marine mam23 mals in commercial fishing operations;

24 ‘‘(E) the potential impacts of habitat destruction,

25 including marine pollution and natural environ-
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1 mental change, on specific marine mammal species or

2 stocks; and

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

4 groups consider appropriate.

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

6 subsection shall not be subject to the Federal Advisory Com7 mittee Act (5 App. U.S.C.).

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

9 without compensation, but may be reimbursed by the Sec10 retary, upon request, for reasonable travel costs and ex11 penses incurred in performing their obligations.

12 ‘‘(4) The Secretary may appoint or reappoint individ13 uals to the regional scientific review groups under para14 graph (1) as needed.

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

16 not affect or otherwise modify the provisions of section

17 101(b).’’.

18 SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO

19 COMMERCIAL FISHING OPERATIONS.

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

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

22 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 enact4 ment of this section, and except as provided in section 114

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

6 provisions of this section shall govern the incidental taking

7 of marine mammals in the course of commercial fishing op8 erations by persons using vessels of the United States or

9 vessels which have valid fishing permits issued by the Sec10 retary in accordance with section 204(b) of the Magnuson

11 Fishery Conservation and Management Act (16 U.S.C.

12 1824(b)). In any event it shall be the immediate goal that

13 the incidental mortality or serious injury of marine mam14 mals occurring in the course of commercial fishing oper15 ations be reduced to insignificant levels approaching a zero

16 mortality and serious injury rate within 7 years after the

17 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 species

21 or endangered species under the Endangered Species Act of

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

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

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

25 shall govern the taking of marine mammals in the course
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1 of commercial purse seine fishing for yellowfin tuna in the

2 eastern tropical Pacific Ocean.

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

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

5 or repeal the Act of November 7, 1986 (Public Law 99–

6 625; 100 Stat. 3500).

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

9 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) Commercial

14 fisheries shall reduce incidental mortality and serious in15 jury of marine mammals 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) 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 serious

21 injury rates.

22 ‘‘(3) Three years after such date of enactment, the Sec23 retary shall review the progress of all commercial fisheries,

24 by fishery, toward reducing incidental mortality and seri25 ous injury to insignificant levels approaching a zero rate.
40

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1 The Secretary shall submit to the Committee on Commerce,

2 Science, and Transportation of the Senate and the Commit3 tee on Merchant Marine and Fisheries of the House of Rep4 resentatives a report setting forth the results of such review

5 within 1 year after commencement of the review. The Sec6 retary shall note any commercial fishery for which addi7 tional information is required to accurately assess the level

8 of incidental mortality and serious injury of marine mam9 mals in the fishery.

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

11 paragraph (3) that the rate of incidental mortality and se12 rious 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 commercial

21 fisheries published under section 114(b)(1) and which

22 is in existence on March 31, 1994 (along with an ex23 planation of such changes and a statement describing

24 the marine mammal stocks interacting with, and the
41

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1 approximate number of vessels or persons actively in2 volved in, each such fishery) 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 public

11 comment, publish in the Federal Register a revised

12 list of commercial fisheries and an update of informa13 tion required by subparagraph (A), together with a

14 summary of the provisions of this section and infor15 mation sufficient to advise vessel owners on how to

16 obtain an authorization and otherwise comply with

17 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 pub25 lish in the Federal Register any necessary changes.
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1 ‘‘(2)(A) An authorization shall be granted by the Sec2 retary in accordance with this section for a vessel engaged

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

4 or (ii), upon receipt by the Secretary of a completed reg5 istration form providing the name of the vessel owner and

6 operator, the name and description of the vessel, the fish7 eries in which it will be engaged, the approximate time,

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

9 general type and nature of use of the fishing gear and tech10 niques used. Such information shall be in a readily usable

11 format that can be efficiently entered into and utilized by

12 an automated or computerized data processing system. A

13 decal or other physical evidence that the authorization is

14 current and valid shall be issued by the Secretary at the

15 time an authorization is granted, and so long as the author16 ization remains current and valid, shall be reissued annu17 ally thereafter.

18 ‘‘(B) No authorization may be granted under this sec19 tion to the owner of a vessel unless such vessel—

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

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

22 Secretary in accordance with section 204(b) of the

23 Magnuson Fishery Conservation and Management Act

24 (16 U.S.C. 1824(b)).
43

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1 ‘‘(C) Except as provided in subsection (a), an author2 ization granted under this section shall allow the incidental

3 taking of all species and stocks of marine mammals to

4 which this Act applies.

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

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

7 engage in the lawful incidental taking of marine mammals

8 in a commercial fishery—

9 ‘‘(i) have registered as required under paragraph

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

11 such vessel owned and used in the fishery an author12 ization for the purpose of incidentally taking marine

13 mammals in accordance with this section, except that

14 owners of vessels holding valid certificates of exemp15 tion under section 114 are deemed to have registered

16 for purposes of this subsection for the period during

17 which such registration is valid;

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

19 evidence of a current and valid authorization as the

20 Secretary may require is displayed on or is in the

21 possession of the master of each such vessel;

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

23 ‘‘(iv) comply with a take reduction plan and

24 emergency regulations issued under this section.
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1 ‘‘(B) Any owner of a vessel receiving an authorization

2 under this section for any fishery listed under paragraph

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

4 take on board an observer if requested to do so by the Sec5 retary.

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

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

8 ‘‘(i) fails to obtain from the Secretary an author9 ization for such vessel under this section;

10 ‘‘(ii) fails to maintain a current and valid au11 thorization for such vessel; or

12 ‘‘(iii) fails to ensure that a decal or other phys13 ical evidence of such authorization issued by the Sec14 retary is displayed on or is in possession of the mas15 ter of the vessel,

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

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

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

19 this title, and for violations of clause (iii) shall be subject

20 to a fine of not more than $100 for each offense.

21 ‘‘(D) If the owner of a vessel has obtained and main22 tains a current and valid authorization from the Secretary

23 under this section and meets the requirements set forth in

24 this section, including compliance with any regulations to

25 implement a take reduction plan under this section, the
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1 owner of such vessel, and the master and crew members of

2 the vessel, shall not be subject to the penalties set forth in

3 this title for the incidental taking of marine mammals

4 while such vessel is engaged in a fishery to which the au5 thorization applies.

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

7 not listed under paragraph (1)(A) (i) or (ii), and the mas8 ter and crew members of such a vessel, shall not be subject

9 to the penalties set forth in this title for the incidental tak10 ing of marine mammals if such owner reports to the Sec11 retary, in the form and manner required under subsection

12 (e), instances of incidental mortality or injury of marine

13 mammals in the course of that fishery.

14 ‘‘(4)(A) The Secretary shall suspend or revoke an au15 thorization granted under this section and shall not issue

16 a decal or other physical evidence of the authorization for

17 any vessel until the owner of such vessel complies with the

18 reporting requirements under subsection (e) and such re19 quirements to take on board an observer under paragraph

20 (3)(B) as are applicable to such vessel. Previous failure to

21 comply with the requirements of section 114 shall not bar

22 authorization under this section for an owner who complies

23 with the requirements of this section.

24 ‘‘(B) The Secretary may suspend or revoke an author25 ization granted under this subsection, and may not issue
46

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1 a decal or other physical evidence of the authorization for

2 any vessel which fails to comply with a take reduction plan

3 or emergency regulations issued under this section.

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

5 comply with a take reduction plan shall be subject to the

6 penalties of sections 105 and 107, and may be subject to

7 section 106.

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

9 with the appropriate States, affected Regional Fishery

10 Management Councils, and other interested persons, the

11 means by which the granting and administration of author12 izations under this section shall be integrated and coordi13 nated, to the maximum extent practicable, with existing

14 fishery licenses, registrations, and related programs.

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

16 circulation, fishery trade associations, electronic media,

17 and other means of advising commercial fishermen of the

18 provisions of this section and the means by which they can

19 comply with its requirements.

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

21 the granting of an authorization under this section. The

22 level of fees charged under this subparagraph shall not ex23 ceed the administrative costs incurred in granting an au24 thorization. Fees collected under this subparagraph shall be

25 available to the Under Secretary of Commerce for Oceans
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1 and Atmosphere for expenses incurred in the granting and

2 administration of authorizations under this section.

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

4 Secretary shall establish a program to monitor incidental

5 mortality and serious injury of marine mammals during

6 the course of commercial fishing operations. The purposes

7 of the monitoring program shall be to—

8 ‘‘(A) obtain statistically reliable estimates of in9 cidental mortality and serious injury;

10 ‘‘(B) determine the reliability of reports of inci11 dental mortality and serious injury under subsection

12 (e); and

13 ‘‘(C) identify changes in fishing methods or tech14 nology that may increase or decrease incidental mor15 tality and serious injury.

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

17 place observers on board vessels as necessary, subject to the

18 provisions of this section. Observers may, among other

19 tasks—

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

21 by catch of other nontarget species;

22 ‘‘(B) record numbers of marine mammals sight23 ed; and

24 ‘‘(C) perform other scientific investigations.
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1 ‘‘(3) In determining the distribution of observers

2 among commercial fisheries and vessels within a fishery,

3 the Secretary shall be guided by the following standards:

4 ‘‘(A) The requirement to obtain statistically reli5 able information.

6 ‘‘(B) The requirement that assignment of observ7 ers is fair and equitable among fisheries and among

8 vessels in a fishery.

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

10 or vessel, or group of persons or vessels, be subject to

11 excessive or overly burdensome observer coverage.

12 ‘‘(D) To the extent practicable, the need to mini13 mize costs and avoid duplication.

14 ‘‘(4) To the extent practicable, the Secretary shall allo15 cate observers among commercial fisheries in accordance

16 with the following priority:

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

18 for commercial fisheries that have incidental mortal19 ity or serious injury of marine mammals from stocks

20 listed as endangered species or threatened species

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

22 1531 et seq.).

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

24 shall be for commercial fisheries that have incidental
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1 mortality and serious injury of marine mammals

2 from strategic stocks.

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

4 shall be for commercial fisheries that have incidental

5 mortality or serious injury of marine mammals from

6 stocks for which the level of incidental mortality and

7 serious injury is uncertain.

8 ‘‘(5) The Secretary may establish an alternative ob9 server program to provide statistically reliable information

10 on the species and number of marine mammals incidentally

11 taken in the course of commercial fishing operations. The

12 alternative observer program may include direct observa13 tion of fishing activities from vessels, airplanes, or points

14 on shore.

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

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

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

18 are delivering fish to a processing vessel and the catch

19 is not taken on board the harvesting vessel, statis20 tically reliable information can be obtained from an

21 observer on board the processing vessel to which the

22 fish are delivered;

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

24 an observer, or for carrying out observer functions,

25 are so inadequate or unsafe that the health or safety
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1 of the observer or the safe operation of the vessel

2 would be jeopardized; or

3 ‘‘(C) for reasons beyond the control of the Sec4 retary, an observer is not available.

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

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

7 fishery not listed under subsection (c)(1)(A) (i) or (ii).

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

9 subsection shall be confidential and shall not be disclosed

10 except—

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

12 access to such information;

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

14 agreement with the Secretary that prevents public

15 disclosure of the identity or business of any person;

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

17 ‘‘(D) in the case of scientific information involv18 ing fisheries, to employees of Regional Fishery Man19 agement Councils who are responsible for fishery

20 management plan development and monitoring.

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

22 may be necessary to preserve such confidentiality, except

23 that the Secretary shall release or make public upon request

24 any such information in aggregate, summary, or other form
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1 which does not directly or indirectly disclose the identity

2 or business of any person.

3 ‘‘(e) REPORTING REQUIREMENT.—The owner or opera4 tor of a commercial fishing vessel subject to this Act shall

5 report all incidental mortality and injury of marine mam6 mals in the course of commercial fishing operations to the

7 Secretary by mail or other means acceptable to the Sec8 retary within 48 hours after the end of each fishing trip

9 on a standard postage-paid form to be developed by the Sec10 retary under this section. Such form shall be capable of

11 being readily entered into and usable by an automated or

12 computerized data processing system and shall require the

13 vessel owner or operator to provide the following:

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

15 tribal registration numbers of the registered vessel.

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

17 or operator.

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

19 ‘‘(4) The species of each marine mammal inci20 dentally killed or injured, and the date, time, and ap21 proximate geographic location of such occurrence.

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

23 shall develop and implement a take reduction plan designed

24 to assist in the recovery or prevent the depletion of each

25 strategic stock which interacts with a commercial fishery
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1 listed under subsection (c)(1)(A) (i) or (ii), and may de2 velop and implement such a plan for any other marine

3 mammal stocks which interact with a commercial fishery

4 listed under subsection (c)(1)(A)(i) which the Secretary de5 termines, after notice and opportunity for public comment,

6 has a high level of mortality and serious injury across a

7 number of such marine mammal stocks.

8 ‘‘(2) The immediate goal of a take reduction plan shall

9 be to reduce, within 6 months of its implementation, the

10 incidental mortality or serious injury of marine mammals

11 incidentally taken in the course of commercial fishing oper12 ations to levels less than the potential biological removal

13 level established in this section. The long-term goal of the

14 plan shall be to reduce, within 5 years of its implementa15 tion, the incidental mortality or serious injury of marine

16 mammals incidentally taken in the course of commercial

17 fishing operations to insignificant levels approaching a zero

18 mortality and serious injury rate, taking into account the

19 economics of the fishery, the availability of existing tech20 nology, and existing State or regional fishery management

21 plans.

22 ‘‘(3) If there is insufficient funding available to de23 velop and implement a take reduction plan for all such

24 stocks that interact with commercial fisheries listed under

25 subsection (c)(1)(A) (i) or (ii), the Secretary shall give high-
53

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1 est priority to the development and implementation of take

2 reduction plans for species or stocks whose level of inciden3 tal mortality and serious injury exceeds the potential bio4 logical removal level, those that have a small population

5 size, and those which are declining most rapidly.

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

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

8 stock assessment published under subsection (c) and

9 any substantial new information;

10 ‘‘(B) an estimate of the total number and, if pos11 sible, age and gender, of animals from the stock that

12 are being incidentally lethally taken or seriously in13 jured each year during the course of commercial fish14 ing operations, by fishery;

15 ‘‘(C) recommended regulatory or voluntary meas16 ures for the reduction of incidental mortality and se17 rious injury;

18 ‘‘(D) recommended dates for achieving the spe19 cific objectives of the plan.

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

21 and serious injury from commercial fisheries exceeds the po22 tential biological removal level established under section

23 117, the plan shall include measures the Secretary expects

24 will reduce, within 6 months of the plan’s implementation,
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1 such mortality and serious injury to a level below the poten2 tial biological removal level.

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

4 and serious injury exceeds the potential biological removal

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

6 the plan shall include measures the Secretary expects will

7 reduce, to the maximum extent practicable within 6 months

8 of the plan’s implementation, the incidental mortality and

9 serious injury by such commercial fisheries from that stock.

10 For purposes of this subparagraph, the term ‘maximum ex11 tent practicable’ means to the lowest level that is feasible

12 for such fisheries within the 6-month period.

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

14 30 days) after the Secretary issues a final stock assessment

15 for a strategic stock, the Secretary shall, and for stocks that

16 interact with a fishery listed under subsection (c)(1)(A)(i)

17 for which the Secretary has made a determination under

18 paragraph (1), the Secretary may—

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

20 stock and appoint the members of such team in ac21 cordance with subparagraph (C); and

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

23 the team’s establishment, the names of the team’s ap24 pointed members, the full geographic range of such

25 stock, and a list of all commercial fisheries that cause
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1 incidental mortality and serious injury of marine

2 mammals from such stock.

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

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

5 or fisheries, or multiple stocks within a region or fishery,

6 if the Secretary determines that doing so would facilitate

7 the development and implementation of plans required

8 under this subsection.

9 ‘‘(C) Members of take reduction teams shall have exper10 tise regarding the conservation or biology of the marine

11 mammal species which the take reduction plan will address,

12 or the fishing practices which result in the incidental mor13 tality and serious injury of such species. Members shall in14 clude representatives of Federal agencies, each coastal State

15 which has fisheries which interact with the species or stock,

16 appropriate Regional Fishery Management Councils, inter17 state fisheries commissions, academic and scientific organi18 zations, environmental groups, all commercial and rec19 reational fisheries groups and gear types which incidentally

20 take the species or stock, Alaska Native organizations or In21 dian tribal organizations, and others as the Secretary

22 deems appropriate. Take reduction teams shall, to the maxi23 mum extent practicable, consist of an equitable balance

24 among representatives of resource user interests and

25 nonuser interests.
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1 ‘‘(D) Take reduction teams shall not be subject to the

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

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

4 prior notice of meetings shall be made public in a timely

5 fashion.

6 ‘‘(E) Members of take reduction teams shall serve with7 out compensation, but may be reimbursed by the Secretary,

8 upon request, for reasonable travel costs and expenses in9 curred in performing their duties as members of the team.

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

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

12 or greater than the potential biological removal level estab13 lished under section 117 for such stock and such stock inter14 acts with a fishery listed under subsection (c)(1)(A) (i) or

15 (ii), the following procedures shall apply in the development

16 of the take reduction plan for the stock:

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

18 establishment of a take reduction team for the stock,

19 the team shall submit a draft take reduction plan for

20 such stock to the Secretary, consistent with the other

21 provisions of this section.

22 ‘‘(ii) Such draft take reduction plan shall be de23 veloped by consensus. In the event consensus cannot

24 be reached, the team shall advise the Secretary in

25 writing on the range of possibilities considered by the
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1 team, and the views of both the majority and minor2 ity.

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

4 reduction plan into consideration and, not later than

5 60 days after the submission of the draft plan by the

6 team, the Secretary shall publish in the Federal Reg7 ister the plan proposed by the team, any changes pro8 posed by the Secretary with an explanation of the

9 reasons therefor, and proposed regulations to imple10 ment such plan, for public review and comment dur11 ing a period of not to exceed 90 days.

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

13 does not submit a draft plan to the Secretary within

14 6 months, the Secretary shall, not later than 8 months

15 after the establishment of the team, publish in the

16 Federal Register a proposed take reduction plan and

17 implementing regulations, for public review and com18 ment during a period of not to exceed 90 days.

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

20 comment period required under subparagraph (B),

21 the Secretary shall issue a final take reduction plan

22 and implementing regulations, consistent with the

23 other provisions of this section.

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

25 days after publication of a final take reduction plan,
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1 utilize newspapers of general circulation, fishery

2 trade associations, electronic media, and other means

3 of advising commercial fishermen of the requirements

4 of the plan and how to comply with them.

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

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

7 as the Secretary determines are necessary, to monitor

8 the implementation of the final take reduction plan

9 until such time that the Secretary determines that the

10 objectives of such plan have been met.

11 ‘‘(F) The Secretary shall amend the take reduc12 tion plan and implementing regulations as necessary

13 to meet the requirements of this section, in accordance

14 with the procedures in this section for the issuance of

15 such plans and regulations.

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

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

18 the potential biological removal level established under sec19 tion 117 for such stock and such stock interacts with a fish20 ery listed under subsection (c)(1)(A) (i) or (ii), or for any

21 marine mammal stocks which interact with a commercial

22 fishery listed under subsection (c)(1)(A)(i) for which the

23 Secretary has made a determination under paragraph (1),

24 the following procedures shall apply in the development of

25 the take reduction plan for such stock:
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1 ‘‘(A)(i) Not later than 11 months after the date

2 of establishment of a take reduction team for the

3 stock, the team shall submit a draft take reduction

4 plan for the stock to the Secretary, consistent with the

5 other provisions of this section.

6 ‘‘(ii) Such draft take reduction plan shall be de7 veloped by consensus. In the event consensus cannot

8 be reached, the team shall advise the Secretary in

9 writing on the range of possibilities considered by the

10 team, and the views of both the majority and minor11 ity.

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

13 reduction plan into consideration and, not later than

14 60 days after the submission of the draft plan by the

15 team, the Secretary shall publish in the Federal Reg16 ister the plan proposed by the team, any changes pro17 posed by the Secretary with an explanation of the

18 reasons therefor, and proposed regulations to imple19 ment such plan, for public review and comment dur20 ing a period of not to exceed 90 days.

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

22 does not submit a draft plan to the Secretary within

23 11 months, the Secretary shall, not later than 13

24 months after the establishment of the team, publish in

25 the Federal Register a proposed take reduction plan
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1 and implementing regulations, for public review and

2 comment during a period of not to exceed 90 days.

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

4 comment period required under subparagraph (B),

5 the Secretary shall issue a final take reduction plan

6 and implementing regulations, consistent with the

7 other provisions of this section.

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

9 days after publication of a final take reduction plan,

10 utilize newspapers of general circulation, fishery

11 trade associations, electronic media, and other means

12 of advising commercial fishermen of the requirements

13 of the plan and how to comply with them.

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

15 shall meet on an annual basis, or at such other inter16 vals as the Secretary determines are necessary, to

17 monitor the implementation of the final take reduc18 tion plan until such time that the Secretary deter19 mines that the objectives of such plan have been met.

20 ‘‘(F) The Secretary shall amend the take reduc21 tion plan and implementing regulations as necessary

22 to meet the requirements of this section, in accordance

23 with the procedures in this section for the issuance of

24 such plans and regulations.
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1 ‘‘(9) In implementing a take reduction plan developed

2 pursuant to this subsection, the Secretary may, where nec3 essary to implement a take reduction plan to protect or re4 store a marine mammal stock or species covered by such

5 plan, promulgate regulations which include, but are not

6 limited to, measures to—

7 ‘‘(A) establish fishery-specific limits on inciden8 tal mortality and serious injury of marine mammals

9 in commercial fisheries or restrict commercial fish10 eries by time or area;

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

12 fishing gear or techniques and new technologies, en13 courage the development of such gear or technology, or

14 convene expert skippers’ panels;

15 ‘‘(C) educate commercial fishermen, through

16 workshops and other means, on the importance of re17 ducing the incidental mortality and serious injury of

18 marine mammals in affected commercial fisheries;

19 and

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

21 the effectiveness of measures taken to reduce the level

22 of incidental mortality and serious injury of marine

23 mammals in the course of commercial fishing oper24 ations.
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1 ‘‘(10)(A) Notwithstanding paragraph (6), in the case

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

3 final stock assessment has not been published under section

4 117(b)(3) by April 1, 1995, due to a proceeding under sec5 tion 117(b)(2), or any Federal court review of such proceed6 ing, the Secretary shall establish a take reduction team

7 under paragraph (6) for such stock as if a final stock assess8 ment had been published.

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

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

11 assessment for purposes of preparing and implementing a

12 take reduction plan for such stock under this section.

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

14 such stock under section 117(b)(3) the Secretary shall im15 mediately reconvene the take reduction team for such stock

16 for the purpose of amending the take reduction plan, and

17 any regulations issued to implement such plan, if necessary,

18 to reflect the final stock assessment or court action. Such

19 amendments shall be made in accordance with paragraph

20 (7)(F) or (8)(F), as appropriate.

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

22 the basis for a take reduction plan under this paragraph

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

24 stock assessment is published, whichever is earlier. If, at the

25 end of the two-year period, a final stock assessment has not
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1 been published, the Secretary shall categorize such stock

2 under section 117(a)(5)(A) and shall revoke any regulations

3 to implement a take reduction plan for such stock.

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

5 beyond two years during which a final stock assessment for

6 such stock has not been published due to review of a proceed7 ing on such stock assessment by a Federal court. Imme8 diately upon final action by such court, the Secretary shall

9 proceed under subparagraph (C).

10 ‘‘(11) Take reduction plans developed under this sec11 tion for a species or stock listed as a threatened species or

12 endangered species under the Endangered Species Act of

13 1973 (16 U.S.C. 1531 et seq.) shall be consistent with any

14 recovery plan developed for such species or stock under sec15 tion 4 of such Act.

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

17 finds that the incidental mortality and serious injury of

18 marine mammals from commercial fisheries is having, or

19 is likely to have, an immediate and significant adverse im20 pact on a stock or species, the Secretary shall take actions

21 as follows:

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

23 a take reduction plan is in effect, the Secretary

24 shall—
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1 ‘‘(i) prescribe emergency regulations that,

2 consistent with such plan to the maximum extent

3 practicable, reduce incidental mortality and seri4 ous injury in that fishery; and

5 ‘‘(ii) approve and implement, on an expe6 dited basis, any amendments to such plan that

7 are recommended by the take reduction team to

8 address such adverse impact.

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

10 a take reduction plan is being developed, the Sec11 retary shall—

12 ‘‘(i) prescribe emergency regulations to re13 duce such incidental mortality and serious in14 jury in that fishery; and

15 ‘‘(ii) approve and implement, on an expe16 dited basis, such plan, which shall provide meth17 ods to address such adverse impact if still nec18 essary.

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

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

21 developed, or in the case of a commercial fishery list22 ed under subsection (c)(1)(A)(iii) which the Secretary

23 believes may be contributing to such adverse impact,

24 the Secretary shall—
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1 ‘‘(i) prescribe emergency regulations to re2 duce such incidental mortality and serious in3 jury in that fishery, to the extent necessary to

4 mitigate such adverse impact;

5 ‘‘(ii) immediately review the stock assess6 ment for such stock or species and the classifica7 tion of such commercial fishery under this sec8 tion to determine if a take reduction team should

9 be established; and

10 ‘‘(iii) may, where necessary to address such

11 adverse impact on a species or stock listed as a

12 threatened species or endangered species under

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

14 1531 et seq.), place observers on vessels in a com15 mercial fishery listed under subsection

16 (c)(1)(A)(iii), if the Secretary has reason to be17 lieve such vessels may be causing the incidental

18 mortality and serious injury to marine mam19 mals from such stock.

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

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

22 Mammal Commission, all appropriate Regional Fishery

23 Management Councils, State fishery managers, and the ap24 propriate take reduction team (if established).
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1 ‘‘(3) Emergency regulations prescribed under this sub2 section—

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

4 together with an explanation thereof;

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

6 180 days or until the end of the applicable commer7 cial fishing season, whichever is earlier; and

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

9 earlier date by publication in the Federal Register of

10 a notice of termination, if the Secretary determines

11 that the reasons for emergency regulations no longer

12 exist.

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

14 and serious injury of marine mammals in a commercial

15 fishery is continuing to have an immediate and significant

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

17 extend the emergency regulations for an additional period

18 of not more than 90 days or until reasons for the emergency

19 no longer exist, whichever is earlier.

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

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

22 the provisions of sections 105 and 107, and may be subject

23 to section 106 as the Secretary establishes by regulations.

24 ‘‘(i) ASSISTANCE.—The Secretary shall provide assist25 ance to Regional Fishery Management Councils, States,
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1 interstate fishery commissions, and Indian tribal organiza2 tions in meeting the goal of reducing incidental mortality

3 and serious injury to insignificant levels approaching a

4 zero mortality and serious injury rate.

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

6 this section, the Secretary may accept, solicit, receive, hold,

7 administer, and use gifts, devises, and bequests.

8 ‘‘(k) CONSULTATION WITH SECRETARY OF THE INTE9 RIOR.—The Secretary shall consult with the Secretary of

10 the Interior prior to taking actions or making determina11 tions under this section that affect or relate to species or

12 population stocks of marine mammals for which the Sec13 retary of the Interior is responsible under this title.

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

15 101(a)(5)(E), each of the terms ‘fishery’ and ‘vessel of the

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

17 of the Magnuson Fishery Conservation and Management

18 Act (16 U.S.C. 1802).’’.

19 SEC. 12. DEFINITIONS.

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

21 the end the following:

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

23 of pursuit, torment, or annoyance which—
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1 ‘‘(i) has the potential to injure a marine

2 mammal or marine mammal stock in the wild;

3 or

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

5 mammal or marine mammal stock in the wild

6 by causing disruption of behavioral patterns, in7 cluding, but not limited to, migration, breathing,

8 nursing, breeding, feeding, or sheltering.

9 ‘‘(B) The term ‘Level A harassment’ means har10 assment described in subparagraph (A)(i).

11 ‘‘(C) The term ‘Level B harassment’ means har12 assment described in subparagraph (A)(ii).

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

14 mammal population or stock—

15 ‘‘(A) for which the level of direct human16 caused mortality exceeds the potential biological

17 removal level;

18 ‘‘(B) which, based on the best available sci19 entific information, is declining and is likely to

20 be listed as a threatened species under the En21 dangered Species Act of 1973 within the foresee22 able future; or

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

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

2 is designated as depleted under this Act.

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

4 level’ means the maximum number of animals, not

5 including natural mortalities, that may be removed

6 from a marine mammal stock while allowing that

7 stock to reach or maintain its optimum sustainable

8 population. The potential biological removal level is

9 the product of the following factors:

10 ‘‘(A) The minimum population estimate of

11 the stock.

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

13 estimated net productivity rate of the stock at a

14 small population size.

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

16 1.0.

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

18 Council’ means a Regional Fishery Management

19 Council established under section 302 of the Magnu20 son Fishery Conservation and Management Act.

21 ‘‘(22) The term ‘bona fide research’ means sci22 entific research on marine mammals, the results of

23 which—

24 ‘‘(A) likely would be accepted for publica25 tion in a referred scientific journal;
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1 ‘‘(B) are likely to contribute to the basic

2 knowledge of marine mammal biology or ecology;

3 or

4 ‘‘(C) are likely to identify, evaluate, or re5 solve conservation problems.

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

7 means a group designated by law or formally char8 tered which represents or consists of Indians, Aleuts,

9 or Eskimos residing in Alaska.

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

11 plan developed under section 118.

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

13 team established under section 118.

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

15 annual per capita rate of increase in a stock resulting

16 from additions due to reproduction, less losses due to

17 mortality.

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

19 means an estimate of the number of animals in a

20 stock that—

21 ‘‘(A) is based on the best available scientific

22 information on abundance, incorporating the

23 precision and variability associated with such

24 information; and
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1 ‘‘(B) provides reasonable assurance that the

2 stock size is equal to or greater than the esti3 mate.’’.

4 SEC. 13. PENALTIES; PROHIBITIONS.

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

6 1375(a)(1)) is amended by inserting ‘‘, except as provided

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

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

9 1375(b)) is amended by inserting ‘‘(except as provided in

10 section 118)’’ after ‘‘thereunder’’.

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

12 1372(a)) is amended by striking ‘‘and 114 of this title or

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

14 IV’’.

15 SEC. 14. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSIST16 ENCE.

17 Nothing in this Act, including any amendments to the

18 Marine Mammal Protection Act of 1972 made by this Act—

19 (1) alters or is intended to alter any treaty be20 tween the United States and one or more Indian

21 tribes; or

22 (2) affects or otherwise modifies the provisions of

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

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

2 this Act.

3 SEC. 15. TRANSITION RULE; IMPLEMENTING REGULATIONS.

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

5 1383a(a)(1)) is amended by striking ‘‘ending April 1,

6 1994,’’ and inserting in lieu thereof ‘‘until superseded by

7 regulations prescribed under section 118, or until Septem8 ber 1, 1995, whichever is earlier,’’.

9 (b) IMPLEMENTING REGULATIONS.—Except as pro10 vided otherwise in this Act, or the amendments to the Ma11 rine Mammal Protection Act of 1972 (16 U.S.C. 1361 et

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

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

14 and opportunity for public comment, promulgate regula15 tions to implement this Act and the amendments made by

16 this Act by January 1, 1995.

17 SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

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

19 amended—

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

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

22 and paragraph (16) as paragraphs (16) and (17), re23 spectively.

24 (b) UNUSUAL MORTALITY EVENT FUND.—Section

25 405(a) (16 U.S.C. 1421d(a)), as so redesignated by this Act,
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1 is amended by striking ‘‘a fund’’ and inserting in lieu

2 thereof ‘‘an interest bearing fund’’.

3 SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF

4 WHALES.

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

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

7 a person subject to the jurisdiction of the United States to

8 approach, by any means other than an aircraft, no closer

9 than 100 yards to a humpback whale or any other whale,

10 regardless of whether the approach is made in waters des11 ignated under section 222.31 of title 50, Code of Federal

12 Regulations, as cow/calf waters.

13 (b) TERMINATION OF LEGAL EFFECT OF CERTAIN

14 REGULATIONS.—Subsection (b) of section 222.31 of title 50,

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

16 effect.

17 SEC. 18. SCRIMSHAW EXEMPTIONS.

18 Notwithstanding any other provision of law, any valid

19 certificate of exemption renewed by the Secretary (or

20 deemed to be renewed) under section 10(f)(8) of the Endan21 gered Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any

22 person holding such a certificate with respect to the posses23 sion of pre-Act finished scrimshaw products or raw mate24 rial for such products shall remain valid for a period not
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1 to exceed 5 years beginning on the date of enactment of this

2 Act.

3 SEC. 19. MARINE MAMMAL COOPERATIVE AGREEMENTS IN

4 ALASKA.

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

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

7 new section:

8 ‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS

9 IN ALASKA.

10 ‘‘(a) IN GENERAL.—The Secretary may enter into co11 operative agreements with Alaska Native organizations to

12 conserve marine mammals and provide co-management of

13 subsistence use by Alaska Natives.

14 ‘‘(b) GRANTS.—Agreements entered into under this sec15 tion may include grants to Alaska Native organizations for,

16 among other purposes—

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

18 mammal populations;

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

20 for subsistence use;

21 ‘‘(3) participating in marine mammal research

22 conducted by the Federal Government, States, aca23 demic institutions, and private organizations; and

24 ‘‘(4) developing marine mammal co-management

25 structures with Federal and State agencies.
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1 ‘‘(c) EFFECT OF JURISDICTION.—Nothing in this sec2 tion is intended or shall be construed—

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

4 the respective jurisdiction of Federal, State, or tribal

5 governments over fish and wildlife resources; or

6 ‘‘(2) as altering in any respect the existing polit7 ical or legal status of Alaska Natives, or the govern8 mental or jurisdictional status of Alaska Native com9 munities or Alaska Native entities.

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

11 are authorized to be appropriated for the purposes of carry12 ing out this section—

13 ‘‘(1) $1,500,000 to the Secretary of Commerce for

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

15 and 1999; and

16 ‘‘(2) $1,000,000 to the Secretary of the Interior

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

18 1998, and 1999.

19 The amounts authorized to be appropriated under this sub20 section are in addition to the amounts authorized to be ap21 propriated under section 116.’’.

22 SEC. 20. MARINE ECOSYSTEM PROTECTION.

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

24 subsection (c) and inserting the following:
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1 ‘‘(c)(1) No later than 1 year after the date of enactment

2 of the Marine Mammal Protection Act Amendments of

3 1994, the Secretary of Commerce shall convene a regional

4 workshop for the Gulf of Maine to assess human-caused fac5 tors affecting the health and stability of that marine eco6 system, of which marine mammals are a part. The work7 shop shall be conducted in consultation with the Marine

8 Mammal Commission, the adjacent coastal States, individ9 uals with expertise in marine mammal biology and ecology,

10 representatives from environmental organizations, the fish11 ing industry, and other appropriate persons. The goal of

12 the workshop shall be to identify such factors, and to rec13 ommend a program of research and management to restore

14 or maintain that marine ecosystem and its key components

15 that—

16 ‘‘(A) protects and encourages marine mammals

17 to develop to the greatest extent feasible commensurate

18 with sound policies of resource management;

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

20 the maintenance of the health and stability of the ma21 rine ecosystems;

22 ‘‘(C) ensures the fullest possible range of manage23 ment options for future generations; and
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1 ‘‘(D) permits nonwasteful, environmentally

2 sound development of renewable and nonrenewable re3 sources.

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

5 of Commerce shall submit to the Committee on Merchant

6 Marine and Fisheries of the House of Representatives and

7 the Committee on Commerce, Science and Transportation

8 of the Senate a report containing the results of the workshop

9 under this subsection, proposed regulatory or research ac10 tions, and recommended legislative action.

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

12 with the Secretary of the Interior, the Marine Mammal

13 Commission, the State of Alaska, and Alaska Native organi14 zations, shall, not later than 180 days after the date of en15 actment of the Marine Mammal Protection Act Amend16 ments of 1994, undertake a scientific research program to

17 monitor the health and stability of the Bering Sea marine

18 ecosystem and to resolve uncertainties concerning the causes

19 of population declines of marine mammals, sea birds, and

20 other living resources of that marine ecosystem. The pro21 gram shall address the research recommendations developed

22 by previous workshops on Bering Sea living marine re23 sources, and shall include research on subsistence uses of

24 such resources and ways to provide for the continued oppor25 tunity for such uses.
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1 ‘‘(2) To the maximum extent practicable, the research

2 program undertaken pursuant to paragraph (1) shall be

3 conducted in Alaska. The Secretary of Commerce shall uti4 lize, where appropriate, traditional local knowledge and

5 may contract with a qualified Alaska Native organization

6 to conduct such research.

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

8 Interior, and the Commission shall address the status and

9 findings of the research program in their annual reports

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

11 Act.’’.

12 SEC. 21. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

13 Section 308(b) of the Interjurisdictional Fisheries Act

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

15 ‘‘$2,500,000 for each of the fiscal years 1989, 1990, 1991,

16 1992, 1993, 1994, and 1995’’ and inserting in lieu thereof

17 ‘‘$65,000,000 for each of the fiscal years 1994 and 1995’’.

18 SEC. 22. COASTAL ECOSYSTEM HEALTH.

19 (a) REQUIREMENT TO CONVEY.—Not later than Sep20 tember 30, 1994, the Secretary of the Navy shall convey,

21 without payment or other consideration, to the Secretary

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

23 comprising that portion of the Naval Base, Charleston,

24 South Carolina, bounded by Hobson Avenue, the Cooper

25 River, the landward extension of the northwest side of Pier
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1 R, and the fenceline between the buildings known as RTC–

2 1 and 200. Such property shall include Pier R, the build3 ings known as RTC–1 and RTC–4 and all walkways and

4 parking areas associated with such buildings and Pier R.

5 (b) SURVEY; EFFECT ON LIABILITY OF SECRETARY OF

6 THE NAVY.—The acreage and legal description of the prop7 erty to be conveyed pursuant to this section shall be deter8 mined by a survey approved by the Secretary of the Navy.

9 Such conveyance shall not release the Secretary of the Navy

10 from any liability arising prior to, during, or after such

11 conveyance as a result of the ownership or occupation of

12 the property by the United States Navy.

13 (c) USE BY NATIONAL OCEANIC AND ATMOSPHERIC

14 ADMINISTRATION.—The property conveyed pursuant to this

15 section shall be used by the Secretary of Commerce in sup16 port of the operations of the National Oceanic and Atmos17 pheric Administration.

18 (d) REVERSION RIGHTS.—Conveyance of the property

19 pursuant to this section shall be subject to the condition

20 that all right, title, and interest in and to the property so

21 conveyed shall immediately be conveyed to the public entity

22 vested with ownership of the remainder of the Charleston

23 Naval Base, if and when—

24 (1) continued ownership and occupation of the

25 property by the National Oceanic and Atmospheric
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1 Administration no longer is compatible with the com2 prehensive plan for reuse of the Charleston Naval

3 Base developed by the community reuse committee

4 and approved by the Secretary of the Navy; and

5 (2) such public entity provides for relocation of

6 the programs and personnel of the National Oceanic

7 and Atmospheric Administration occupying such

8 property, at no further cost to the United States Gov9 ernment, to a comparable facility, including adjacent

10 waterfront and pier, within the Charleston 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.—Notwithstand17 ing any other provision of this title, the Secretary may per18 mit the intentional lethal taking of pinnipeds in accordance

19 with this section.

20 ‘‘(b) APPLICATION.—(1) State may apply to the Sec21 retary to authorize the intentional lethal taking of individ22 ually identifiable pinnipeds which are having a significant

23 negative impact on the decline or recovery of salmonid fish24 ery stocks which—
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1 ‘‘(A) have been listed as threatened species or en2 dangered species under the Endangered Species Act of

3 1973 (16 U.S.C. 1531 et seq.);

4 ‘‘(B) the Secretary finds are approaching threat5 ened species or endangered species status (as those

6 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 suffi16 cient evidence to warrant establishing a Pinniped-Fishery

17 Interaction Task Force to address the situation described

18 in the application. If the Secretary determines sufficient

19 evidence has been provided, the Secretary shall establish a

20 Pinniped-Fishery Interaction Task Force and publish a no21 tice in the Federal Register requesting public comment on

22 the application.

23 ‘‘(2) A Pinniped-Fishery Interaction Task Force estab24 lished under paragraph (1) shall consist of designated em25 ployees of the Department of Commerce, scientists who are
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1 knowledgeable about the pinniped interaction that the ap2 plication addresses, representatives of affected conservation

3 and fishing community organizations, Indian Treaty

4 tribes, the States, and such other organizations as the Sec5 retary deems appropriate.

6 ‘‘(3) Within 60 days after establishment, and after re7 viewing public comments in response to the Federal Reg8 ister notice under paragraph (1), the Pinniped-Fishery

9 Interaction Task Force shall—

10 ‘‘(A) recommend to the Secretary whether to ap11 prove or deny the proposed intentional lethal taking

12 of the pinniped or pinnipeds, including along with

13 the recommendation a description of the specific

14 pinniped individual or individuals, the proposed lo15 cation, time, and method of such taking, criteria for

16 evaluating the success of the action, and the duration

17 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 Sec23 retary shall either approve or deny the application. If such

24 application is approved, the Secretary shall immediately

25 take steps to implement the intentional lethal taking, which
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1 shall be performed by Federal or State agencies, or qualified

2 individuals under contract to such agencies.

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

4 the Pinniped-Fishery Interaction Task Force shall evaluate

5 the effectiveness of the permitted intentional lethal taking

6 or alternative actions implemented. If implementation was

7 ineffective in eliminating the problem interaction, the Task

8 Force shall recommend additional actions. If the implemen9 tation was effective, the Task Force shall so advise the Sec10 retary, and the Secretary shall disband the Task Force.

11 ‘‘(d) CONSIDERATIONS.—In considering whether an

12 application should be approved or denied, the Pinniped13 Fishery Interaction Task Force and the Secretary shall con14 sider—

15 ‘‘(1) population trends, feeding habits, the loca16 tion of the pinniped interaction, how and when the

17 interaction occurs, and how many individual

18 pinnipeds are involved;

19 ‘‘(2) past efforts to nonlethally deter such

20 pinnipeds, and whether the applicant has dem21 onstrated that no feasible and prudent alternatives

22 exist and that the applicant has taken all reasonable

23 nonlethal steps without success;

24 ‘‘(3) the extent to which such pinnipeds are caus25 ing undue injury or impact to, or imbalance with,
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1 other species in the ecosystem, including fish popu2 lations; and

3 ‘‘(4) the extent to which such pinnipeds are ex4 hibiting behavior that presents an ongoing threat to

5 public safety.

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

7 intentional lethal taking of any pinniped from a species

8 or stock that is—

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

10 species under the Endangered Species Act of 1973 (16

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

12 ‘‘(2) depleted under this Act; or

13 ‘‘(3) a strategic stock.

14 ‘‘(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR

15 SEALS; INVESTIGATION AND REPORT.—

16 ‘‘(1) The Secretary shall engage in a scientific

17 investigation to determine whether California sea

18 lions and Pacific harbor seals—

19 ‘‘(A) are having a significant negative im20 pact on the recovery of salmonid fishery stocks

21 which have been listed as endangered species or

22 threatened species under the Endangered Species

23 Act of 1973 (16 U.S.C. 1531 et seq.), or which

24 the Secretary finds are approaching such endan25 gered species or threatened species status; or
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1 ‘‘(B) are having broader impacts on the

2 coastal ecosystems of Washington, Oregon, and

3 California.

4 The Secretary shall conclude this investigation and

5 prepare a report on its results no later than October

6 1, 1995.

7 ‘‘(2) Upon completion of the scientific investiga8 tion required under paragraph (1), the Secretary

9 shall enter into discussions with the Pacific States

10 Marine Fisheries Commission, on behalf of the States

11 of Washington, Oregon, and California, for the pur12 pose of addressing any issues or problems identified

13 as a result of the scientific investigation, and to de14 velop recommendations to address such issues or prob15 lems. Any recommendations resulting from such dis16 cussions shall be submitted, along with the report, to

17 the Committee on Merchant Marine and Fisheries of

18 the House of Representatives and the Committee on

19 Commerce, Science, and Transportation of the Senate.

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

21 recommendations submitted under paragraph (2)

22 available to the public for review and comment for a

23 period of 90 days.
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1 ‘‘(4) There are authorized to be appropriated to

2 the Secretary such sums as are necessary to carry out

3 the provisions of this subsection.

4 ‘‘(5) The amounts appropriated under section

5 308(c) of the Interjurisdictional Fisheries Act of 1986

6 (16 U.S.C. 4107(c)) and allocated to the Pacific

7 States Marine Fisheries Commission may be used by

8 the Commission to participate in discussions with the

9 Secretary under paragraph (2).

10 ‘‘(g) REGIONWIDE PINNIPED-FISHERY INTERACTION

11 STUDY.—

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

13 less than three high predation areas in anadromous

14 fish migration corridors within the Northwest Region

15 of the National Marine Fisheries Service, on the

16 interaction between fish and pinnipeds. In conducting

17 the study, the Secretary shall consult with other State

18 and Federal agencies with expertise in pinniped-fish19 ery interaction. The study shall evaluate—

20 ‘‘(A) fish behavior in the presence of preda21 tors generally;

22 ‘‘(B) holding times and passage rates of

23 anadromous fish stocks in areas where such fish

24 are vulnerable to predation;
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1 ‘‘(C) whether additional facilities exist, or

2 could be reasonably developed, that could im3 prove escapement for anadromous fish; and

4 ‘‘(D) other issues the Secretary considers

5 relevant.

6 ‘‘(2) Subject to the availability of appropria7 tions, the Secretary may, not later than 18 months

8 after the commencement of the study under this sub9 section, transmit a report on the results of the study

10 to the Committee on Commerce, Science, and Trans11 portation of the Senate and the Committee on Mer12 chant Marine and Fisheries of the House of Rep13 resentatives.

14 ‘‘(3) The study conducted under this subsection

15 may not be used by the Secretary as a reason for de16 laying or deferring a determination or consideration

17 under subsection (c) or (d).

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

19 shall establish a Pinniped-Fishery Interaction Task Force

20 to advise the Secretary on issues or problems regarding

21 pinnipeds interacting in a dangerous or damaging manner

22 with aquaculture resources in the Gulf of Maine. No later

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

24 Secretary shall submit to the Committee on Merchant Ma25 rine and Fisheries of the House of Representatives and the
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1 Committee on Commerce, Science, and Transportation of

2 the Senate a report containing recommended available al3 ternatives to mitigate such interactions.

4 ‘‘(i) GULF OF MAINE HARBOR PORPOISE.—(1) Noth5 ing in section 117 shall prevent the Secretary from publish6 ing a stock assessment for Gulf of Maine harbor porpoise

7 in an expedited fashion.

8 ‘‘(2) In developing and implementing a take reduction

9 plan under section 118 for Gulf of Maine harbor porpoise,

10 the Secretary shall consider all actions already taken to re11 duce incidental mortality and serious injury of such stock,

12 and may, based on the recommendations of the take reduc13 tion team for such stock, modify the time period required

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

15 may such modification extend the date of compliance be16 yond April 1, 1997.’’.

17 SEC 24. FURTHER TECHNICAL AND CONFORMING AMEND18 MENTS.

19 (a) AMENDMENTS RELATING TO DEFINITION OF SEC20 RETARY.—

21 (1) EXECUTION OF PRIOR AMENDMENTS.—The

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

23 Mammal Health and Stranding Response Act (106

24 Stat. 5067)—
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1 (A) are deemed to have been made by that

2 section to section 3(12) of the Marine Mammal

3 Protection Act of 1972 (16 U.S.C. 1362(12));

4 and

5 (B) shall not be considered to have been

6 made by that section to section 3(11) of that Act

7 (16 U.S.C. 1362(11)).

8 (2) FURTHER TECHNICAL AND CONFORMING

9 AMENDMENTS.—Section 3(12)(B) of the Marine Mam10 mal Protection Act of 1972, as deemed by paragraph

11 (1)(A) of this subsection to have been amended by sec12 tion 3004(b) of the Marine Mammal Health and

13 Stranding Response Act (106 Stat. 5067), is further

14 amended in subparagraph (B) by striking ‘‘in title

15 III’’ and inserting ‘‘in section 118 and title IV’’.

16 (b) MARINE MAMMAL HEALTH AND STRANDING RE17 SPONSE.—The Act (16 U.S.C. 1361 et seq.) is amended—

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

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

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

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

22 409, respectively.

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

24 is amended—
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1 (1) in section 401(b)(3) (as redesignated by this

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

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

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

5 ‘‘404(b)’’;

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

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

8 ‘‘404(b)’’;

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

10 this section) by striking ‘‘304(c)’’ and inserting

11 ‘‘404(c)’’;

12 (5) in section 408(1) (as redesignated by this sec13 tion)—

14 (A) by striking ‘‘305’’ and inserting ‘‘405’’,

15 and

16 (B) by striking ‘‘307’’ and inserting ‘‘407’’;

17 (6) in section 408(2) (as redesignated by this sec18 tion) by striking ‘‘307’’ and inserting ‘‘407’’;

19 (7) in section 409(1) (as redesignated by this sec20 tion) by striking ‘‘305(a)’’ and inserting ‘‘405(a)’’;

21 (8) in section 409(5) (as redesignated by this sec22 tion) by striking ‘‘307(a)’’ and inserting ‘‘407(a)’’;

23 (9) in section 102(a) (16 U.S.C. 1372(a)) by

24 striking ‘‘title III’’ and inserting ‘‘title IV’’;
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1 (10) in section 109(h)(1) (16 U.S.C. 1379(h)(1))

2 by striking ‘‘title III’’ and inserting ‘‘title IV’’;

3 (11) in section 112(c) (16 U.S.C. 1382(c)) by

4 striking ‘‘or title III’’ and inserting ‘‘or title IV’’; and

5 (12) in the table of contents in the first section,

6 by striking the items relating to the title that is redes7 ignated by subsection (b) of this section and the sec8 tions that are redesignated by subsection (b) of this

9 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.’’.

10 (d) CLERICAL AMENDMENTS.—The portion of the table

11 of contents in the first section of the Act relating to title

12 I is amended by adding at the end the following new items:

‘‘Sec. 117. Stock assessments.

‘‘Sec. 118. Taking of marine mammals incidental to commercial fishing operations.

‘‘Sec. 119. Marine mammal cooperative agreements in Alaska.

‘‘Sec. 120. Pacific Coast Task Force; Gulf of Maine.’’.

13 (e) EFFECTIVE DATE.—The amendments made by sub14 section (a) shall be effective as if enacted as part of section

15 3004 of the Marine Mammal Health and Stranding Re16 sponse 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 April 15, 1994, to the Adminis6 trator of the Maritime Administration for the conversion

7 of the USNS CHAUVENET to a training ship for the Texas

8 Maritime Academy’s Training Program.

Attest:

Secretary.
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