S. 1636

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Marine Mammal Protection Act Amendments of 1994’’.

SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

(a) REFERENCES.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in

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

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

provision of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1361 et seq.). (b) RELATIONSHIP TO OTHER LAW.—Except as otherwise

expressly provided, nothing in this Act is intended to amend, repeal,

or otherwise affect any other provision of law.

SEC. 3. FINDINGS AND DECLARATION OF POLICY.

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

(1) in paragraph (2) by inserting ‘‘essential habitats, includ- ing’’ after ‘‘made to protect’’; and (2) in paragraph (5) in the matter following subparagraph (B) by inserting ‘‘and their habitats’’ before ‘‘is therefore necessary’’.

SEC. 4. MORATORIUM AND EXCEPTIONS.

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

amended—

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

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

may be issued by the Secretary for taking, and importation

for purposes of scientific research, public display, photography

for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of

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

hunts in Canada. Such permits, except permits issued under

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

proposed to be made is first reviewed by the Marine Mammal

Commission and the Committee of Scientific Advisors on

Marine Mammals established under title II. The Commission

and Committee shall recommend any proposed taking or
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importation, other than importation under section 104(c)(5),

which is consistent with the purposes and policies of section

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

certificate to that effect in such form as the Secretary of the

Treasury prescribes, and such importation may be made upon

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

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

before the period at the end the following: ‘‘, or in lieu of

such permits, authorizations may be granted therefor under

section 118, subject to regulations prescribed under that section

by the Secretary without regard to section 103’’;

(3) in paragraph (3)(B)—

(A) by inserting ‘‘, photography for educational or

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

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

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

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

‘‘(4)(A) Except as provided in subparagraphs (B) and (C),

the provisions of this Act shall not apply to the use of

measures—

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

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

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

agent, bailee, or employee of such owner, to deter a marine

mammal from damaging private property;

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

endangering personal safety; or ‘‘(iv) by a government employee, to deter a marine

mammal from damaging public property,

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

injury of a marine mammal. ‘‘(B) The Secretary shall, through consultation with appropriate experts, and after notice and opportunity for public comment, publish in the Federal Register a list of guidelines for

use in safely deterring marine mammals. In the case of marine

mammals listed as endangered species or threatened species

under the Endangered Species Act of 1973, the Secretary shall

recommend specific measures which may be used to nonlethally

deter marine mammals. Actions to deter marine mammals

consistent with such guidelines or specific measures shall not

be a violation of this Act.

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

information available, that certain forms of deterrence have

a significant adverse effect on marine mammals, the Secretary

may prohibit such deterrent methods, after notice and opportunity for public comment, through regulation under this Act.

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

to subparagraph (A) applies to all marine mammals, including

all stocks designated as depleted under this Act.’’;

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

new subparagraphs:

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

States who engage in a specified activity (other than commercial

fishing) within a specific geographic region, the Secretary shall

authorize, for periods of not more than 1 year, subject to such
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conditions as the Secretary may specify, the incidental, but

not intentional, taking by harassment of small numbers of

marine mammals of a species or population stock by such

citizens while engaging in that activity within that region if

the Secretary finds that such harassment during each period

concerned—

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

stock, and

‘‘(II) will not have an unmitigable adverse impact on

the availability of such species or stock for taking for

subsistence uses pursuant to subsection (b), or section

109(f) or pursuant to a cooperative agreement under section

119.

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

where applicable—

‘‘(I) permissible methods of taking by harassment

pursuant to such activity, and other means of effecting

the least practicable impact on such species or stock and

its habitat, paying particular attention to rookeries, mating

grounds, and areas of similar significance, and on the availability of such species or stock for taking for subsistence

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

to a cooperative agreement under section 119,

‘‘(II) the measures that the Secretary determines are

necessary to ensure no unmitigable adverse impact on the

availability of the species or stock for taking for subsistence

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

to a cooperative agreement under section 119, and ‘‘(III) requirements pertaining to the monitoring and

reporting of such taking by harassment, including requirements for the independent peer review of proposed monitoring plans or other research proposals where the proposed

activity may affect the availability of a species or stock

for taking for subsistence uses pursuant to subsection (b)

or section 109(f) or pursuant to a cooperative agreement

under section 119.

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

not later than 45 days after receiving an application under

this subparagraph and request public comment through notice

in the Federal Register, newspapers of general circulation, and

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

45 days after the close of the public comment period, if the

Secretary makes the findings set forth in clause (i), the Secretary shall issue an authorization with appropriate conditions

to meet the requirements of clause (ii).

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

authorization if the Secretary finds that the provisions of

clauses (i) or (ii) are not being met.

‘‘(v) A person conducting an activity for which an authorization has been granted under this subparagraph shall not be

subject to the penalties of this Act for taking by harassment

that occurs in compliance with such authorization.

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

the Secretary shall allow the incidental, but not the intentional,

taking by persons using vessels of the United States or vessels

which have valid fishing permits issued by the Secretary in
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accordance with section 204(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(b)), while

engaging in commercial fishing operations, of marine mammals

from a species or stock designated as depleted because of its

listing as an endangered species or threatened species under

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)

if the Secretary, after notice and opportunity for public comment, determines that—

‘‘(I) the incidental mortality and serious injury from

commercial fisheries will have a negligible impact on such

species or stock;

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

developed for such species or stock pursuant to the Endangered Species Act of 1973; and

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

program is established under subsection (d) of such section,

vessels engaged in such fisheries are registered in accordance with such section, and a take reduction plan has

been developed or is being developed for such species or

stock.

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

requirements of clause (i) have been met, the Secretary shall

publish in the Federal Register a list of those fisheries for

which such determination was made, and, for vessels required

to register under section 118, shall issue an appropriate permit

for each authorization granted under such section to vessels

to which this paragraph applies. Vessels engaged in a fishery

included in the notice published by the Secretary under this

clause which are not required to register under section 118

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

taking of marine mammals to which this paragraph applies,

so long as the owner or master of such vessel reports any

incidental mortality or injury of such marine mammals to the

Secretary in accordance with section 118.

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

the Secretary determines that the level of incidental mortality

or serious injury from commercial fisheries for which a determination was made under clause (i) has resulted or is likely

to result in an impact that is more than negligible on the

endangered or threatened species or stock, the Secretary shall

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

under this paragraph as necessary.

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

revoke a permit granted under this subparagraph only if the

Secretary determines that the conditions or limitations set forth

in such permit are not being complied with. The Secretary

may amend or modify, after notice and opportunity for public

comment, the list of fisheries published under clause (ii) whenever the Secretary determines there has been a significant

change in the information or conditions used to determine

such list.

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

of marine mammals under the authority of this subparagraph.

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

taking of California sea otters and shall not be deemed to
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amend or repeal the Act of November 7, 1986 (Public Law

99–625; 100 Stat. 3500).’’; and

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

‘‘(6)(A) A marine mammal product may be imported into

the United States if the product—

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

of the United States in conjunction with travel outside

the United States, provided that the product is imported

into the United States by the same person upon the termination of travel;

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

of a cultural exchange by an Indian, Aleut, or Eskimo

residing in Alaska; or

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

or as part of a cultural exchange with an Indian, Aleut,

or Eskimo residing in Alaska.

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

‘‘(i) ‘Native inhabitant of Russia, Canada, or Greenland’

means a person residing in Russia, Canada, or Greenland

who is related by blood, is a member of the same clan

or ethnological grouping, or shares a common heritage with

an Indian, Aleut, or Eskimo residing in Alaska; and

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

of ideas, information, gifts, clothing, or handicrafts between

an Indian, Aleut, or Eskimo residing in Alaska and a

Native inhabitant of Russia, Canada, or Greenland, including rendering of raw marine mammal parts as part of

such exchange into clothing or handicrafts through carving,

painting, sewing, or decorating.’’.

(b) ACTIONS AFFECTING SECTION 101(b).—Section 101(b) (16

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

new sentences: ‘‘In promulgating any regulation or making any

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

depletion under this subsection or finding regarding unmitigable

adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regulation, assessment, determination, or finding is supported by substantial evidence on the

basis of the record as a whole. The preceding sentence shall only

be applicable in an action brought by one or more Alaska Native

organizations representing persons to which this subsection

applies.’’.

(c) TAKING IN DEFENSE OF SELF OR OTHERS.—Section 101(c)

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

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

mammal if such taking is imminently necessary in self-defense

or to save the life of a person in immediate danger, and such

taking is reported to the Secretary within 48 hours. The Secretary

may seize and dispose of any carcass.’’.

SEC. 5. PERMITS.

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

amended—
S. 1636—6

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

any way connected with the taking or importation of’’ and

inserting ‘‘to take or import’’; and

(2) in paragraph (4) by—

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

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

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

and

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

the following:

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

‘‘(B) for any purpose other than public display, scientific

research, or enhancing the survival of a species or stock

as provided for under subsection 104(c); and’’.

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

(1) in subsection (a) by adding at the end the following:

‘‘Permits for the incidental taking of marine mammals in the

course of commercial fishing operations may only be issued

as specifically provided for in sections 101(a)(5) or 306, or

subsection (h) of this section.’’;

(2) in subsection (c)—

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

‘‘and after’’;

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

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

mammal for the purpose of public display only to a person

which the Secretary determines—

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

of the public display community; ‘‘(ii) is registered or holds a license issued under 7

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

‘‘(iii) maintains facilities for the public display of

marine mammals that are open to the public on a regularly

scheduled basis and that access to such facilities is not

limited or restricted other than by charging of an admission

fee.

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

person to which it is issued the right, without obtaining any

additional permit or authorization under this Act, to—

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

or transport the marine mammal that is the subject of

the permit; and

‘‘(ii) sell, export, or otherwise transfer possession of

the marine mammal, or offer to sell, export, or otherwise

transfer possession of the marine mammal—

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

that meets the requirements of clauses (i), (ii), and

(iii) of subparagraph (A);

‘‘(II) for the purpose of scientific research, to a

person that meets the requirements of paragraph (3);

or

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

or recovery of a species or stock, to a person that

meets the requirements of paragraph (4).

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

exported or to which possession of a marine mammal is other-
S. 1636—7

wise transferred under the authority of subparagraph (B) shall

have the rights and responsibilities described in subparagraph

(B) with respect to the marine mammal without obtaining

any additional permit or authorization under this Act. Such

responsibilities shall be limited to—

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

to meet the requirements of clauses (i), (ii), and (iii) of

subparagraph (A),

‘‘(ii) for the purpose of scientific research, the responsibility to meet the requirements of paragraph (3), and

‘‘(iii) for the purpose of enhancing the survival or recovery of a species or stock, the responsibility to meet the

requirements of paragraph (4).

‘‘(D) If the Secretary—

‘‘(i) finds in concurrence with the Secretary of Agriculture, that a person that holds a permit under this paragraph for a marine mammal, or a person exercising rights

under subparagraph (C), no longer meets the requirements

of subparagraph (A)(ii) and is not reasonably likely to meet

those requirements in the near future, or

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

this paragraph for a marine mammal, or a person exercising rights under subparagraph (C), no longer meets the

requirements of subparagraph (A) (i) or (iii) and is not

reasonably likely to meet those requirements in the near

future,

the Secretary may revoke the permit in accordance with section

104(e), seize the marine mammal, or cooperate with other persons authorized to hold marine mammals under this Act for

disposition of the marine mammal. The Secretary may recover

from the person expenses incurred by the Secretary for that

seizure.

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

under subparagraph (A), or by a person exercising rights under

subparagraph (C), may be sold, purchased, exported, or transported unless the Secretary is notified of such action no later

than 15 days before such action, and such action is for purposes

of public display, scientific research, or enhancing the survival

or recovery of a species or stock. The Secretary may only

require the notification to include the information required

for the inventory established under paragraph (10).’’; (C) by amending paragraph (3) to read as follows: ‘‘(3)(A) The Secretary may issue a permit under this paragraph for scientific research purposes to an applicant which

submits with its permit application information indicating that

the taking is required to further a bona fide scientific purpose.

The Secretary may issue a permit under this paragraph before

the end of the public review and comment period required

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

result in injury to a species, stock, or individual, or in loss

of unique research opportunities.

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

shall authorize the lethal taking of a marine mammal unless

the applicant demonstrates that a nonlethal method of conducting the research is not feasible. The Secretary shall not issue

a permit for research which involves the lethal taking of a

marine mammal from a species or stock that is depleted, unless
S. 1636—8

the Secretary determines that the results of such research

will directly benefit that species or stock, or that such research

fulfills a critically important research need.

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

of the Marine Mammal Protection Act Amendments of 1994,

the Secretary shall issue a general authorization and

implementing regulations allowing bona fide scientific research

that may result only in taking by Level B harassment of a

marine mammal. Such authorization shall apply to persons

which submit, by 60 days before commencement of such

research, a letter of intent via certified mail to the Secretary

containing the following:

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

may be harassed.

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

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

be conducted.

‘‘(iv) The purpose of the research, including a description of how the definition of bona fide research as established under this Act would apply.

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

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

conduct scientific research under the general authorization,

the Secretary shall issue a letter to the applicant confirming

that the general authorization applies, or, if the proposed

research is likely to result in the taking (including Level A

harassment) of a marine mammal, shall notify the applicant

that subparagraph (A) applies.’’; and (D) by adding at the end the following new paragraphs: ‘‘(5)(A) The Secretary may issue a permit for the importa- tion of polar bear parts (other than internal organs) taken

in sport hunts in Canada, including polar bears taken but

not imported prior to the date of enactment of the Marine

Mammal Protection Act Amendments of 1994, to an applicant

which submits with its permit application proof that the polar

bear was legally harvested in Canada by the applicant. Such

a permit shall be issued if the Secretary, in consultation with

the Marine Mammal Commission and after notice and opportunity for public comment, finds that— ‘‘(i) Canada has a monitored and enforced sport hunting

program consistent with the purposes of the Agreement

on the Conservation of Polar Bears;

‘‘(ii) Canada has a sport hunting program based on

scientifically sound quotas ensuring the maintenance of

the affected population stock at a sustainable level;

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

with the provisions of the Convention on International

Trade in Endangered Species of Wild Fauna and Flora

and other international agreements and conventions; and

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

to contribute to illegal trade in bear parts.

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

fee for permits issued under this paragraph. All fees collected

under this paragraph shall be available to the Secretary for

use in developing and implementing cooperative research and

management programs for the conservation of polar bears in

Alaska and Russia pursuant to section 113(d).
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‘‘(C)(i) The Secretary shall undertake a scientific review

of the impact of permits issued under this paragraph on the

polar bear population stocks in Canada within 2 years after

the date of enactment of this paragraph. The Secretary shall

provide an opportunity for public comment during the course

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

comment in the final report on such review.

‘‘(ii) The Secretary shall not issue permits under this paragraph after September 30, 1996, if the Secretary determines,

based on the scientific review, that the issuance of permits

under this paragraph is having a significant adverse impact

on the polar bear population stocks in Canada. The Secretary

may review such determination annually thereafter, in light

of the best scientific information available, and shall complete

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

is undertaken. The Secretary may issue permits under this

paragraph whenever the Secretary determines, on the basis

of such annual review, that the issuance of permits under

this paragraph is not having a significant adverse impact on

the polar bear population stocks in Canada.

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

or commercial purposes involving marine mammals in the wild

only to an applicant which submits with its permit application

information indicating that the taking will be limited to Level

B harassment, and the manner in which the products of such

activities will be made available to the public.

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

(2), (3), or (4) for a marine mammal which is in the possession

of any person authorized to possess it under this Act and

which is determined under guidance under section 402(a) not

to be releasable to the wild, the Secretary shall issue the

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

(iii) of paragraph (2)(A), in the case of a request for a

permit under paragraph (2); ‘‘(B) meets the requirements of paragraph (3), in the

case of a request for a permit under that paragraph; or ‘‘(C) meets the requirements of paragraph (4), in the

case of a request for a permit under that paragraph.

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

required to possess, sell, purchase, transport, export, or offer

to sell or purchase the progeny of marine mammals taken

or imported under this subsection, if such possession, sale,

purchase, transport, export, or offer to sell or purchase is—

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

respectively, a person which meets the requirements of

clauses (i), (ii), and (iii) of paragraph (2)(A);

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

to, respectively, a person which meets the requirements

of paragraph (3); or

‘‘(iii) for the purpose of enhancing the survival or recovery of a species or stock, and by or to, respectively, a

person which meets the requirements of paragraph (4).

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

or a person exercising rights under paragraph (2)(C), which

has possession of a marine mammal that gives birth to progeny

shall—
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‘‘(I) notify the Secretary of the birth of such progeny

within 30 days after the date of birth; and

‘‘(II) notify the Secretary of the sale, purchase, or transport of such progeny no later than 15 days before such

action.

‘‘(ii) The Secretary may only require notification under

clause (i) to include the information required for the inventory

established under paragraph (10).

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

before the date of the enactment of the Marine Mammal Protection Act Amendments of 1994 and held in captivity for the

purpose of public display shall be treated as though born after

that date of enactment.

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

of public display, scientific research, or enhancing the survival

or recovery of a species or stock unless the receiving facility

meets standards that are comparable to the requirements that

a person must meet to receive a permit under this subsection

for that purpose.

‘‘(10) The Secretary shall establish and maintain an inventory of all marine mammals possessed pursuant to permits

issued under paragraph (2)(A), by persons exercising rights

under paragraph (2)(C), and all progeny of such marine mammals. The inventory shall contain, for each marine mammal,

only the following information which shall be provided by a

person holding a marine mammal under this Act:

‘‘(A) The name of the marine mammal or other identification.

‘‘(B) The sex of the marine mammal.

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

mammal.

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

mammal by the permit holder. ‘‘(E) The source from whom the marine mammal was

acquired including the location of the take from the wild,

if applicable.

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

of the recipient.

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

result of a stranding. ‘‘(H) The date of death of the marine mammal and

the cause of death when determined.’’; and

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

(B) striking the period at the end of subparagraph

(B) and inserting ‘‘, or’’; and

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

‘‘(C) if, in the case of a permit under subsection (c)(5)

authorizing importation of polar bear parts, the Secretary, in

consultation with the appropriate authority in Canada, determines that the sustainability of Canada’s polar bear population

stocks are being adversely affected or that sport hunting may

be having a detrimental effect on maintaining polar bear population stocks throughout their range.’’.

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

104(c)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1374(c)(2)) before the date of the enactment of this Act is hereby
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modified to be consistent with that section as amended by this

Act.

SEC. 6. PURPOSE AND USE OF THE FUND.

Section 405 (16 U.S.C. 1421d), as so redesignated by this Act, is amended—

(1) in subsection (b)(1)(A)—

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

(B) by inserting at the end the following new clause: ‘‘(iii) for care and maintenance of marine mammal seized

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

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

SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICATION TO OTHER

TREATIES AND CONVENTIONS.

(a) MEASURES FOR IMPACTS ON STRATEGIC STOCKS.—Section

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

new subsection:

‘‘(e) If the Secretary determines, based on a stock assessment under section 117 or other significant new information obtained

under this Act, that impacts on rookeries, mating grounds, or other

areas of similar ecological significance to marine mammals may

be causing the decline or impeding the recovery of a strategic

stock, the Secretary may develop and implement conservation or

management measures to alleviate those impacts. Such measures

shall be developed and implemented after consultation with the

Marine Mammal Commission and the appropriate Federal agencies

and after notice and opportunity for public comment.’’. (b) INTERNATIONAL POLAR BEAR CONSERVATION.—Section 113

(16 U.S.C. 1383) is amended by— (1) designating the existing paragraph as subsection (a); and

(2) adding at the end the following new subsections: ‘‘(b) Not later than 1 year after the date of enactment of the Marine Mammal Protection Act Amendments of 1994, the Secretary of the Interior shall, in consultation with the contracting

parties, initiate a review of the effectiveness of the Agreement

on the Conservation of Polar Bears, as provided for in Article

IX of the Agreement, and establish a process by which future

reviews shall be conducted.

‘‘(c) The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall

review the effectiveness of United States implementation of the

Agreement on the Conservation of Polar Bears, particularly with

respect to the habitat protection mandates contained in Article

II. The Secretary shall report the results of this review to the

Committee on Merchant Marine and Fisheries of the House of

Representatives and the Committee on Commerce, Science, and

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

‘‘(d) Not later than 6 months after the date of enactment

of the Marine Mammal Protection Act Amendments of 1994, the

Secretary of the Interior, acting through the Secretary of State

and in consultation with the Marine Mammal Commission and

the State of Alaska, shall consult with the appropriate officials

of the Russian Federation on the development and implementation

of enhanced cooperative research and management programs for

the conservation of polar bears in Alaska and Russia. The Secretary
S. 1636—12

shall report the results of this consultation and provide periodic

progress reports on the research and management programs to

the Committee on Merchant Marine and Fisheries of the House

of Representatives and the Committee on Commerce, Science and

Transportation of the Senate.’’.

SEC. 8. CONSERVATION PLANS.

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

the end the following new paragraph:

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

is necessary to reduce the incidental taking of marine mammals

in the course of commercial fishing operations from a strategic

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

fishery for which the Secretary has made a determination under

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

plan required under section 118 for such species or stock.’’.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) DEPARTMENTS OF COMMERCE AND THE INTERIOR.—Section

116 is amended to read as follows:

‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

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

be appropriated to the Department of Commerce, for purposes of

carrying out its functions and responsibilities under this title (other

than sections 117 and 118) and title IV, $12,138,000 for fiscal

year 1994, $12,623,000 for fiscal year 1995, $13,128,000 for fiscal

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

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

of Commerce, for purposes of carrying out sections 117 and 118,

$20,000,000 for each of the fiscal years 1994 through 1999. ‘‘(b) DEPARTMENT OF THE INTERIOR.—There are authorized to

be appropriated to the Department of the Interior, for purposes

of carrying out its functions and responsibilities under this title,

$8,000,000 for fiscal year 1994, $8,600,000 for fiscal year 1995,

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

$9,900,000 for fiscal year 1998, and $10,296,000 for fiscal year

1999.’’.

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

to read as follows:

‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out this title, $1,500,000

for fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000

for fiscal year 1996, $1,650,000 for fiscal year 1997, $1,700,000

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

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

the operation of the Marine Mammal Protection Act of 1972, and

for other purposes’’, approved October 9, 1981 (16 U.S.C. 1384

and 1407), is repealed.

SEC. 10. STOCK ASSESSMENTS.

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

end the following new section:
S. 1636—13

‘‘SEC. 117. STOCK ASSESSMENTS.

‘‘(a) IN GENERAL.—Not later than August 1, 1994, the Secretary shall, in consultation with the appropriate regional scientific review

group established under subsection (d), prepare a draft stock assessment for each marine mammal stock which occurs in waters under

the jurisdiction of the United States. Each draft stock assessment,

based on the best scientific information available, shall—

‘‘(1) describe the geographic range of the affected stock, including any seasonal or temporal variation in such range; ‘‘(2) provide for such stock the minimum population estimate, current and maximum net productivity rates, and current

population trend, including a description of the information

upon which these are based; ‘‘(3) estimate the annual human-caused mortality and seri- ous injury of the stock by source and, for a strategic stock,

other factors that may be causing a decline or impeding recovery of the stock, including effects on marine mammal habitat

and prey; ‘‘(4) describe commercial fisheries that interact with the

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

‘‘(B) the estimated level of incidental mortality and

serious injury of the stock by each such fishery on an

annual basis;

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

mortality or serious injury; and

‘‘(D) the rate, based on the appropriate standard unit

of fishing effort, of such incidental mortality and serious

injury, and an analysis stating whether such level is

insignificant and is approaching a zero mortality and serious injury rate;

‘‘(5) categorize the status of the stock as one that either— ‘‘(A) has a level of human-caused mortality and serious

injury that is not likely to cause the stock to be reduced

below its optimum sustainable population; or

‘‘(B) is a strategic stock, with a description of the

reasons therefor; and

‘‘(6) estimate the potential biological removal level for the

stock, describing the information used to calculate it, including

the recovery factor.

‘‘(b) PUBLIC COMMENT.—(1) The Secretary shall publish in the

Federal Register a notice of the availability of a draft stock assessment or any revision thereof and provide an opportunity for public

review and comment during a period of 90 days. Such notice shall

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

of information or published reports upon which the assessment

is based.

‘‘(2) Subsequent to the notice of availability required under paragraph (1), if requested by a person to which section 101(b)

applies, the Secretary shall conduct a proceeding on the record

prior to publishing a final stock assessment or any revision thereof

for any stock subject to taking under section 101(b).

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

established under subsection (d), and the comments of the general

public, the Secretary shall publish in the Federal Register a notice
S. 1636—14

of availability and a summary of the final stock assessment or

any revision thereof, not later than 90 days after—

‘‘(A) the close of the public comment period on a draft

stock assessment or revision thereof; or

‘‘(B) final action on an agency proceeding pursuant to paragraph (2).

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

stock assessments in accordance with this subsection—

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

strategic stocks;

‘‘(B) at least annually for stocks for which significant new

information is available; and

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

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

of the stock has changed or can be more accurately determined,

the Secretary shall revise the stock assessment in accordance with

subsection (b).

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

60 days after the date of enactment of this section, the Secretary

of Commerce shall, in consultation with the Secretary of the Interior

(with respect to marine mammals under that Secretary’s jurisdiction), the Marine Mammal Commission, the Governors of affected

adjacent coastal States, regional fishery and wildlife management

authorities, Alaska Native organizations and Indian tribes, and

environmental and fishery groups, establish three independent

regional scientific review groups representing Alaska, the Pacific

Coast (including Hawaii), and the Atlantic Coast (including the

Gulf of Mexico), consisting of individuals with expertise in marine

mammal biology and ecology, population dynamics and modeling,

commercial fishing technology and practices, and stocks taken under

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

extent practicable, attempt to achieve a balanced representation

of viewpoints among the individuals on each regional scientific

review group. The regional scientific review groups shall advise

the Secretary on— ‘‘(A) population estimates and the population status and

trends of such stocks;

‘‘(B) uncertainties and research needed regarding stock

separation, abundance, or trends, and factors affecting the distribution, size, or productivity of the stock; ‘‘(C) uncertainties and research needed regarding the species, number, ages, gender, and reproductive status of marine

mammals;

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

gear and practices likely to reduce the incidental mortality

and serious injury of marine mammals in commercial fishing

operations;

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

destruction, including marine pollution and natural environmental change, on specific marine mammal species or stocks,

and for strategic stocks, appropriate conservation or management measures to alleviate any such impacts; and

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

consider appropriate.

‘‘(2) The scientific review groups established under this subsection shall not be subject to the Federal Advisory Committee

Act (5 App. U.S.C.).
S. 1636—15

‘‘(3) Members of the scientific review groups shall serve without compensation, but may be reimbursed by the Secretary, upon

request, for reasonable travel costs and expenses incurred in

performing their obligations. ‘‘(4) The Secretary may appoint or reappoint individuals to the regional scientific review groups under paragraph (1) as needed. ‘‘(e) EFFECT ON SECTION 101(b).—This section shall not affect

or otherwise modify the provisions of section 101(b).’’.

SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL

FISHING OPERATIONS.

Title I (16 U.S.C. 1371 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

‘‘SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING OPERATIONS.

‘‘(a) IN GENERAL.—(1) Effective on the date of enactment of

this section, and except as provided in section 114 and in paragraphs (2), (3), and (4) of this subsection, the provisions of this

section shall govern the incidental taking of marine mammals in

the course of commercial fishing operations by persons using vessels

of the United States or vessels which have valid fishing permits

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

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

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

incidental mortality or serious injury of marine mammals occurring

in the course of commercial fishing operations be reduced to

insignificant levels approaching a zero mortality and serious injury

rate within 7 years after the date of enactment of this section. ‘‘(2) In the case of the incidental taking of marine mammals from species or stocks designated under this Act as depleted on

the basis of their listing as threatened species or endangered species

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

seq.), both this section and section 101(a)(5)(E) of this Act shall

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

govern the taking of marine mammals in the course of commercial

purse seine fishing for yellowfin tuna in the eastern tropical Pacific

Ocean.

‘‘(4) This section shall not govern the incidental taking of California sea otters and shall not be deemed to amend or repeal

the Act of November 7, 1986 (Public Law 99–625; 100 Stat. 3500).

‘‘(5) Except as provided in section 101(c), the intentional lethal

take of any marine mammal in the course of commercial fishing

operations is prohibited. ‘‘(6) Sections 103 and 104 shall not apply to the incidental taking of marine mammals under the authority of this section. ‘‘(b) ZERO MORTALITY RATE GOAL.—(1) Commercial fisheries

shall reduce incidental mortality and serious injury of marine mammals to insignificant levels approaching a zero mortality and serious

injury rate within 7 years after the date of enactment of this

section.

‘‘(2) Fisheries which maintain insignificant serious injury and

mortality levels approaching a zero rate shall not be required to

further reduce their mortality and serious injury rates.

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

shall review the progress of all commercial fisheries, by fishery,

toward reducing incidental mortality and serious injury to insignifi-
S. 1636—16

cant levels approaching a zero rate. The Secretary shall submit

to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Merchant Marine and Fisheries

of the House of Representatives a report setting forth the results

of such review within 1 year after commencement of the review.

The Secretary shall note any commercial fishery for which additional information is required to accurately assess the level of

incidental mortality and serious injury of marine mammals in the

fishery.

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

(3) that the rate of incidental mortality and serious injury of marine

mammals in a commercial fishery is not consistent with paragraph

(1), then the Secretary shall take appropriate action under subsection (f).

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

shall, within 90 days after the date of enactment of this section—

‘‘(A) publish in the Federal Register for public comment,

for a period of not less than 90 days, any necessary changes

to the Secretary’s list of commercial fisheries published under

section 114(b)(1) and which is in existence on March 31, 1994

(along with an explanation of such changes and a statement

describing the marine mammal stocks interacting with, and

the approximate number of vessels or persons actively involved

in, each such fishery), with respect to commercial fisheries

that have—

‘‘(i) frequent incidental mortality and serious injury

of marine mammals;

‘‘(ii) occasional incidental mortality and serious injury

of marine mammals; or

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

mortality or serious injury of marine mammals;

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

publish in the Federal Register a revised list of commercial

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

section and information sufficient to advise vessel owners on

how to obtain an authorization and otherwise comply with

the requirements of this section; and

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

times as the Secretary considers appropriate, reexamine, based

on information gathered under this Act and other relevant

sources and after notice and opportunity for public comment,

the classification of commercial fisheries and other determinations required under subparagraph (A) and publish in the Federal Register any necessary changes.

‘‘(2)(A) An authorization shall be granted by the Secretary

in accordance with this section for a vessel engaged in a commercial

fishery listed under paragraph (1)(A) (i) or (ii), upon receipt by

the Secretary of a completed registration form providing the name

of the vessel owner and operator, the name and description of

the vessel, the fisheries in which it will be engaged, the approximate

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

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

used. Such information shall be in a readily usable format that

can be efficiently entered into and utilized by an automated or

computerized data processing system. A decal or other physical

evidence that the authorization is current and valid shall be issued
S. 1636—17

by the Secretary at the time an authorization is granted, and

so long as the authorization remains current and valid, shall be

reissued annually thereafter.

‘‘(B) No authorization may be granted under this section to

the owner of a vessel unless such vessel—

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

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

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

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

‘‘(C) Except as provided in subsection (a), an authorization

granted under this section shall allow the incidental taking of

all species and stocks of marine mammals to which this Act applies.

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

under paragraph (1)(A) (i) or (ii) shall, in order to engage in the

lawful incidental taking of marine mammals in a commercial

fishery—

‘‘(i) have registered as required under paragraph (2) with

the Secretary in order to obtain for each such vessel owned

and used in the fishery an authorization for the purpose of

incidentally taking marine mammals in accordance with this

section, except that owners of vessels holding valid certificates

of exemption under section 114 are deemed to have registered

for purposes of this subsection for the period during which

such exemption is valid;

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

of a current and valid authorization as the Secretary may

require is displayed on or is in the possession of the master

of each such vessel;

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

‘‘(iv) comply with any applicable take reduction plan and

emergency regulations issued under this section.

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

this section for any fishery listed under paragraph (1)(A) (i) or

(ii) shall, as a condition of that authorization, take on board an

observer if requested to do so by the Secretary.

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

paragraph (1)(A) (i) or (ii) who—

‘‘(i) fails to obtain from the Secretary an authorization

for such vessel under this section;

‘‘(ii) fails to maintain a current and valid authorization

for such vessel; or

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

of such authorization issued by the Secretary is displayed on

or is in possession of the master of the vessel,

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

be deemed to have violated this title, and for violations of clauses

(i) and (ii) shall be subject to the penalties of this title, and for

violations of clause (iii) shall be subject to a fine of not more

than $100 for each offense.

‘‘(D) If the owner of a vessel has obtained and maintains a

current and valid authorization from the Secretary under this section and meets the requirements set forth in this section, including

compliance with any regulations to implement a take reduction

plan under this section, the owner of such vessel, and the master

and crew members of the vessel, shall not be subject to the penalties

set forth in this title for the incidental taking of marine mammals
S. 1636—18

while such vessel is engaged in a fishery to which the authorization

applies.

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

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

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

in this title for the incidental taking of marine mammals if such

owner reports to the Secretary, in the form and manner required

under subsection (e), instances of incidental mortality or injury

of marine mammals in the course of that fishery.

‘‘(4)(A) The Secretary shall suspend or revoke an authorization

granted under this section and shall not issue a decal or other

physical evidence of the authorization for any vessel until the

owner of such vessel complies with the reporting requirements

under subsection (e) and such requirements to take on board an

observer under paragraph (3)(B) as are applicable to such vessel.

Previous failure to comply with the requirements of section 114

shall not bar authorization under this section for an owner who

complies with the requirements of this section.

‘‘(B) The Secretary may suspend or revoke an authorization

granted under this subsection, and may not issue a decal or other

physical evidence of the authorization for any vessel which fails

to comply with a take reduction plan or emergency regulations

issued under this section.

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

with a take reduction plan shall be subject to the penalties of

sections 105 and 107, and may be subject to section 106.

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

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

and administration of authorizations under this section shall be

integrated and coordinated, to the maximum extent practicable,

with existing fishery licenses, registrations, and related programs.

‘‘(B) The Secretary shall utilize newspapers of general circulation, fishery trade associations, electronic media, and other means

of advising commercial fishermen of the provisions of this section

and the means by which they can comply with its requirements.

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

of an authorization under this section. The level of fees charged

under this subparagraph shall not exceed the administrative costs

incurred in granting an authorization. Fees collected under this

subparagraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in the

granting and administration of authorizations under this section.

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

shall establish a program to monitor incidental mortality and serious injury of marine mammals during the course of commercial

fishing operations. The purposes of the monitoring program shall

be to—

‘‘(A) obtain statistically reliable estimates of incidental

mortality and serious injury;

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

‘‘(C) identify changes in fishing methods or technology that

may increase or decrease incidental mortality and serious

injury.
S. 1636—19

‘‘(2) Pursuant to paragraph (1), the Secretary may place observers on board vessels as necessary, subject to the provisions of

this section. Observers may, among other tasks—

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

of other nontarget species;

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

‘‘(C) perform other scientific investigations.

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

commercial fisheries and vessels within a fishery, the Secretary

shall be guided by the following standards:

‘‘(A) The requirement to obtain statistically reliable

information.

‘‘(B) The requirement that assignment of observers is fair

and equitable among fisheries and among vessels in a fishery.

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

or group of persons or vessels, be subject to excessive or overly

burdensome observer coverage.

‘‘(D) To the extent practicable, the need to minimize costs

and avoid duplication.

‘‘(4) To the extent practicable, the Secretary shall allocate

observers among commercial fisheries in accordance with the following priority:

‘‘(A) The highest priority for allocation shall be for commercial fisheries that have incidental mortality or serious injury

of marine mammals from stocks listed as endangered species

or threatened species under the Endangered Species Act of

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

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

for commercial fisheries that have incidental mortality and

serious injury of marine mammals from strategic stocks.

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

commercial fisheries that have incidental mortality or serious

injury of marine mammals from stocks for which the level

of incidental mortality and serious injury is uncertain.

‘‘(5) The Secretary may establish an alternative observer program to provide statistically reliable information on the species

and number of marine mammals incidentally taken in the course

of commercial fishing operations. The alternative observer program

may include direct observation of fishing activities from vessels,

airplanes, or points on shore.

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

a vessel in a fishery if the Secretary finds that—

‘‘(A) in a situation in which harvesting vessels are delivering fish to a processing vessel and the catch is not taken

on board the harvesting vessel, statistically reliable information

can be obtained from an observer on board the processing

vessel to which the fish are delivered;

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

or for carrying out observer functions, are so inadequate or

unsafe that the health or safety of the observer or the safe

operation of the vessel would be jeopardized; or

‘‘(C) for reasons beyond the control of the Secretary, an

observer is not available.

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

station an observer on board a vessel engaged in a fishery not

listed under subsection (c)(1)(A) (i) or (ii).
S. 1636—20

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

shall be confidential and shall not be disclosed except—

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

such information;

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

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

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

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

to employees of Regional Fishery Management Councils who

are responsible for fishery management plan development and

monitoring.

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

be necessary to preserve such confidentiality, except that the Secretary shall release or make public upon request any such information in aggregate, summary, or other form which does not directly

or indirectly disclose the identity or business of any person.

‘‘(e) REPORTING REQUIREMENT.—The owner or operator of a

commercial fishing vessel subject to this Act shall report all incidental mortality and injury of marine mammals in the course of

commercial fishing operations to the Secretary by mail or other

means acceptable to the Secretary within 48 hours after the end

of each fishing trip on a standard postage-paid form to be developed

by the Secretary under this section. Such form shall be capable

of being readily entered into and usable by an automated or computerized data processing system and shall require the vessel owner

or operator to provide the following:

‘‘(1) The vessel name, and Federal, State, or tribal registration numbers of the registered vessel. ‘‘(2) The name and address of the vessel owner or operator.

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

‘‘(4) The species of each marine mammal incidentally killed

or injured, and the date, time, and approximate geographic

location of such occurrence.

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

and implement a take reduction plan designed to assist in the

recovery or prevent the depletion of each strategic stock which

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

(i) or (ii), and may develop and implement such a plan for any

other marine mammal stocks which interact with a commercial

fishery listed under subsection (c)(1)(A)(i) which the Secretary determines, after notice and opportunity for public comment, has a

high level of mortality and serious injury across a number of such

marine mammal stocks.

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

stock shall be to reduce, within 6 months of its implementation,

the incidental mortality or serious injury of marine mammals

incidentally taken in the course of commercial fishing operations

to levels less than the potential biological removal level established

for that stock under section 117. The long-term goal of the plan

shall be to reduce, within 5 years of its implementation, the incidental mortality or serious injury of marine mammals incidentally

taken in the course of commercial fishing operations to insignificant

levels approaching a zero mortality and serious injury rate, taking

into account the economics of the fishery, the availability of existing

technology, and existing State or regional fishery management

plans.
S. 1636—21

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

implement a take reduction plan for all such stocks that interact

with commercial fisheries listed under subsection (c)(1)(A) (i) or

(ii), the Secretary shall give highest priority to the development

and implementation of take reduction plans for species or stocks

whose level of incidental mortality and serious injury exceeds the

potential biological removal level, those that have a small population

size, and those which are declining most rapidly.

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

‘‘(A) a review of the information in the final stock assessment published under section 117(b) and any substantial new

information;

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

and gender, of animals from the stock that are being incidentally lethally taken or seriously injured each year during the

course of commercial fishing operations, by fishery;

‘‘(C) recommended regulatory or voluntary measures for

the reduction of incidental mortality and serious injury;

‘‘(D) recommended dates for achieving the specific objectives

of the plan.

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

injury from commercial fisheries exceeds the potential biological

removal level established under section 117, the plan shall include

measures the Secretary expects will reduce, within 6 months of

the plan’s implementation, such mortality and serious injury to

a level below the potential biological removal level.

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

injury exceeds the potential biological removal level, other than

a stock to which subparagraph (A) applies, the plan shall include

measures the Secretary expects will reduce, to the maximum extent

practicable within 6 months of the plan’s implementation, the

incidental mortality and serious injury by such commercial fisheries

from that stock. For purposes of this subparagraph, the term ‘maximum extent practicable’ means to the lowest level that is feasible

for such fisheries within the 6-month period.

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

after the Secretary issues a final stock assessment under section

117(b) for a strategic stock, the Secretary shall, and for stocks

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

which the Secretary has made a determination under paragraph

(1), the Secretary may— ‘‘(i) establish a take reduction team for such stock and

appoint the members of such team in accordance with subparagraph (C); and ‘‘(ii) publish in the Federal Register a notice of the team’s

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

the full geographic range of such stock, and a list of all commercial fisheries that cause incidental mortality and serious injury

of marine mammals from such stock.

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

address a stock that extends over one or more regions or fisheries,

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

determines that doing so would facilitate the development and

implementation of plans required under this subsection.

‘‘(C) Members of take reduction teams shall have expertise

regarding the conservation or biology of the marine mammal species

which the take reduction plan will address, or the fishing practices
S. 1636—22

which result in the incidental mortality and serious injury of such

species. Members shall include representatives of Federal agencies,

each coastal State which has fisheries which interact with the

species or stock, appropriate Regional Fishery Management Councils, interstate fisheries commissions, academic and scientific

organizations, environmental groups, all commercial and recreational fisheries groups and gear types which incidentally take

the species or stock, Alaska Native organizations or Indian tribal

organizations, and others as the Secretary deems appropriate. Take

reduction teams shall, to the maximum extent practicable, consist

of an equitable balance among representatives of resource user

interests and nonuser interests.

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

Advisory Committee Act (5 App. U.S.C.). Meetings of take reduction

teams shall be open to the public, and prior notice of meetings

shall be made public in a timely fashion.

‘‘(E) Members of take reduction teams shall serve without compensation, but may be reimbursed by the Secretary, upon request,

for reasonable travel costs and expenses incurred in performing

their duties as members of the team.

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

a strategic stock is estimated to be equal to or greater than the

potential biological removal level established under section 117

for such stock and such stock interacts with a fishery listed under

subsection (c)(1)(A) (i) or (ii), the following procedures shall apply

in the development of the take reduction plan for the stock:

‘‘(A)(i) Not later than 6 months after the date of establishment of a take reduction team for the stock, the team shall

submit a draft take reduction plan for such stock to the Secretary, consistent with the other provisions of this section.

‘‘(ii) Such draft take reduction plan shall be developed

by consensus. In the event consensus cannot be reached, the

team shall advise the Secretary in writing on the range of

possibilities considered by the team, and the views of both

the majority and minority.

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

plan into consideration and, not later than 60 days after the

submission of the draft plan by the team, the Secretary shall

publish in the Federal Register the plan proposed by the team,

any changes proposed by the Secretary with an explanation

of the reasons therefor, and proposed regulations to implement

such plan, for public review and comment during a period

of not to exceed 90 days.

‘‘(ii) In the event that the take reduction team does not

submit a draft plan to the Secretary within 6 months, the

Secretary shall, not later than 8 months after the establishment

of the team, publish in the Federal Register a proposed take

reduction plan and implementing regulations, for public review

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

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

period required under subparagraph (B), the Secretary shall

issue a final take reduction plan and implementing regulations,

consistent with the other provisions of this section.

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

publication of a final take reduction plan, utilize newspapers

of general circulation, fishery trade associations, electronic
S. 1636—23

media, and other means of advising commercial fishermen of

the requirements of the plan and how to comply with them.

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

every 6 months, or at such other intervals as the Secretary

determines are necessary, to monitor the implementation of

the final take reduction plan until such time that the Secretary

determines that the objectives of such plan have been met.

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

and implementing regulations as necessary to meet the requirements of this section, in accordance with the procedures in

this section for the issuance of such plans and regulations.

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

a strategic stock is estimated to be less than the potential biological

removal level established under section 117 for such stock and

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

(i) or (ii), or for any marine mammal stocks which interact with

a commercial fishery listed under subsection (c)(1)(A)(i) for which

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

following procedures shall apply in the development of the take

reduction plan for such stock:

‘‘(A)(i) Not later than 11 months after the date of establishment of a take reduction team for the stock, the team shall

submit a draft take reduction plan for the stock to the Secretary, consistent with the other provisions of this section.

‘‘(ii) Such draft take reduction plan shall be developed

by consensus. In the event consensus cannot be reached, the

team shall advise the Secretary in writing on the range of

possibilities considered by the team, and the views of both

the majority and minority. ‘‘(B)(i) The Secretary shall take the draft take reduction

plan into consideration and, not later than 60 days after the

submission of the draft plan by the team, the Secretary shall

publish in the Federal Register the plan proposed by the team,

any changes proposed by the Secretary with an explanation

of the reasons therefor, and proposed regulations to implement

such plan, for public review and comment during a period

of not to exceed 90 days. ‘‘(ii) In the event that the take reduction team does not

submit a draft plan to the Secretary within 11 months, the

Secretary shall, not later than 13 months after the establishment of the team, publish in the Federal Register a proposed

take reduction plan and implementing regulations, for public

review and comment during a period of not to exceed 90 days. ‘‘(C) Not later than 60 days after the close of the comment period required under subparagraph (B), the Secretary shall

issue a final take reduction plan and implementing regulations,

consistent with the other provisions of this section.

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

publication of a final take reduction plan, utilize newspapers

of general circulation, fishery trade associations, electronic

media, and other means of advising commercial fishermen of

the requirements of the plan and how to comply with them.

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

on an annual basis, or at such other intervals as the Secretary

determines are necessary, to monitor the implementation of

the final take reduction plan until such time that the Secretary

determines that the objectives of such plan have been met.
S. 1636—24

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

and implementing regulations as necessary to meet the requirements of this section, in accordance with the procedures in

this section for the issuance of such plans and regulations.

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

to this subsection, the Secretary may, where necessary to implement

a take reduction plan to protect or restore a marine mammal

stock or species covered by such plan, promulgate regulations which

include, but are not limited to, measures to—

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

and serious injury of marine mammals in commercial fisheries

or restrict commercial fisheries by time or area;

‘‘(B) require the use of alternative commercial fishing gear

or techniques and new technologies, encourage the development

of such gear or technology, or convene expert skippers’ panels;

‘‘(C) educate commercial fishermen, through workshops and

other means, on the importance of reducing the incidental

mortality and serious injury of marine mammals in affected

commercial fisheries; and

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

effectiveness of measures taken to reduce the level of incidental

mortality and serious injury of marine mammals in the course

of commercial fishing operations.

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

stock to which paragraph (1) applies for which a final stock assessment has not been published under section 117(b)(3) by April 1,

1995, due to a proceeding under section 117(b)(2), or any Federal

court review of such proceeding, the Secretary shall establish a

take reduction team under paragraph (6) for such stock as if a

final stock assessment had been published.

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

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

purposes of preparing and implementing a take reduction plan

for such stock under this section.

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

stock under section 117(b)(3) the Secretary shall immediately

reconvene the take reduction team for such stock for the purpose

of amending the take reduction plan, and any regulations issued

to implement such plan, if necessary, to reflect the final stock

assessment or court action. Such amendments shall be made in

accordance with paragraph (7)(F) or (8)(F), as appropriate. ‘‘(D) A draft stock assessment may only be used as the basis

for a take reduction plan under this paragraph for a period of

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

a final stock assessment has not been published, the Secretary

shall categorize such stock under section 117(a)(5)(A) and shall

revoke any regulations to implement a take reduction plan for

such stock.

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

two years during which a final stock assessment for such stock

has not been published due to review of a proceeding on such

stock assessment by a Federal court. Immediately upon final action

by such court, the Secretary shall proceed under subparagraph

(C).

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

a species or stock listed as a threatened species or endangered
S. 1636—25

species under the Endangered Species Act of 1973 (16 U.S.C. 1531

et seq.) shall be consistent with any recovery plan developed for

such species or stock under section 4 of such Act.

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

the incidental mortality and serious injury of marine mammals

from commercial fisheries is having, or is likely to have, an immediate and significant adverse impact on a stock or species, the

Secretary shall take actions as follows:

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

reduction plan is in effect, the Secretary shall—

‘‘(i) prescribe emergency regulations that, consistent

with such plan to the maximum extent practicable, reduce

incidental mortality and serious injury in that fishery; and

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

any amendments to such plan that are recommended by

the take reduction team to address such adverse impact.

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

reduction plan is being developed, the Secretary shall—

‘‘(i) prescribe emergency regulations to reduce such

incidental mortality and serious injury in that fishery; and

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

such plan, which shall provide methods to address such

adverse impact if still necessary.

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

reduction plan does not exist and is not being developed, or

in the case of a commercial fishery listed under subsection

(c)(1)(A)(iii) which the Secretary believes may be contributing

to such adverse impact, the Secretary shall—

‘‘(i) prescribe emergency regulations to reduce such

incidental mortality and serious injury in that fishery, to

the extent necessary to mitigate such adverse impact;

‘‘(ii) immediately review the stock assessment for such

stock or species and the classification of such commercial

fishery under this section to determine if a take reduction

team should be established; and

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

impact on a species or stock listed as a threatened species

or endangered species under the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.), place observers on vessels

in a commercial fishery listed under subsection (c)(1)(A)(iii),

if the Secretary has reason to believe such vessels may

be causing the incidental mortality and serious injury to

marine mammals from such stock.

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

(C), the Secretary shall consult with the Marine Mammal Commission, all appropriate Regional Fishery Management Councils, State

fishery managers, and the appropriate take reduction team (if established).

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

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

with an explanation thereof;

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

or until the end of the applicable commercial fishing season,

whichever is earlier; and

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

date by publication in the Federal Register of a notice of termi-
S. 1636—26

nation, if the Secretary determines that the reasons for emergency regulations no longer exist.

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

injury of marine mammals in a commercial fishery is continuing

to have an immediate and significant adverse impact on a stock

or species, the Secretary may extend the emergency regulations

for an additional period of not more than 90 days or until reasons

for the emergency no longer exist, whichever is earlier.

‘‘(h) PENALTIES.—Except as provided in subsection (c), any person who violates this section shall be subject to the provisions

of sections 105 and 107, and may be subject to section 106 as

the Secretary shall establish by regulations.

‘‘(i) ASSISTANCE.—The Secretary shall provide assistance to

Regional Fishery Management Councils, States, interstate fishery

commissions, and Indian tribal organizations in meeting the goal

of reducing incidental mortality and serious injury to insignificant

levels approaching a zero mortality and serious injury rate.

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

the Secretary may accept, solicit, receive, hold, administer, and

use gifts, devises, and bequests.

‘‘(k) CONSULTATION WITH SECRETARY OF THE INTERIOR.—The

Secretary shall consult with the Secretary of the Interior prior

to taking actions or making determinations under this section that

affect or relate to species or population stocks of marine mammals

for which the Secretary of the Interior is responsible under this

title.

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

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

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

Fishery Conservation and Management Act (16 U.S.C. 1802).’’.

SEC. 12. DEFINITIONS.

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

the following:

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

torment, or annoyance which—

‘‘(i) has the potential to injure a marine mammal or

marine mammal stock in the wild; or

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

or marine mammal stock in the wild by causing disruption

of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering.

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

described in subparagraph (A)(i).

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

described in subparagraph (A)(ii).

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

stock—

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

‘‘(B) which, based on the best available scientific

information, is declining and is likely to be listed as a

threatened species under the Endangered Species Act of

1973 within the foreseeable future; or

‘‘(C) which is listed as a threatened species or endangered species under the Endangered Species Act of 1973
S. 1636—27

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

this Act.

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

the maximum number of animals, not including natural

mortalities, that may be removed from a marine mammal stock

while allowing that stock to reach or maintain its optimum

sustainable population. The potential biological removal level

is the product of the following factors:

‘‘(A) The minimum population estimate of the stock.

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

net productivity rate of the stock at a small population

size.

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

‘‘(21) The term ‘Regional Fishery Management Council’

means a Regional Fishery Management Council established

under section 302 of the Magnuson Fishery Conservation and

Management Act.

‘‘(22) The term ‘bona fide research’ means scientific research

on marine mammals, the results of which—

‘‘(A) likely would be accepted for publication in a

referred scientific journal;

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

of marine mammal biology or ecology; or

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

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

designated by law or formally chartered which represents or

consists of Indians, Aleuts, or Eskimos residing in Alaska. ‘‘(24) The term ‘take reduction plan’ means a plan developed

under section 118.

‘‘(25) The term ‘take reduction team’ means a team established under section 118.

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

per capita rate of increase in a stock resulting from additions

due to reproduction, less losses due to mortality. ‘‘(27) The term ‘minimum population estimate’ means an

estimate of the number of animals in a stock that—

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

on abundance, incorporating the precision and variability

associated with such information; and

‘‘(B) provides reasonable assurance that the stock size

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

SEC. 13. PENALTIES; PROHIBITIONS.

(a) CIVIL PENALTIES.—Section 105(a)(1) (16 U.S.C. 1375(a)(1))

is amended by inserting ‘‘, except as provided in section 118,’’

after ‘‘thereunder’’.

(b) CRIMINAL PENALTIES.—Section 105(b) (16 U.S.C. 1375(b))

is amended by inserting ‘‘(except as provided in section 118)’’ after

‘‘thereunder’’.

(c) PROHIBITIONS.—Section 102(a) (16 U.S.C. 1372(a)) is amended by striking ‘‘and 114 of this title or title III’’ and inserting

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

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

Nothing in this Act, including any amendments to the Marine

Mammal Protection Act of 1972 made by this Act—
S. 1636—28

(1) alters or is intended to alter any treaty between the United States and one or more Indian tribes; or

(2) affects or otherwise modifies the provisions of section 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1371(b)), except as specifically provided in the amendment made

by section 4(b) of this Act.

SEC. 15. TRANSITION RULE; IMPLEMENTING REGULATIONS.

(a) TRANSITION RULE.—Section 114(a)(1) (16 U.S.C. 1383a(a)(1))

is amended by striking ‘‘ending April 1, 1994,’’ and inserting in

lieu thereof ‘‘until superseded by regulations prescribed under section 118, or until September 1, 1995, whichever is earlier,’’. (b) IMPLEMENTING REGULATIONS.—Except as provided otherwise in this Act, or the amendments to the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the

Secretary of Commerce or the Secretary of the Interior, as appropriate, shall, after notice and opportunity for public comment,

promulgate regulations to implement this Act and the amendments

made by this Act by January 1, 1995.

SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.

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

(1) by striking paragraph (17); and

(2) by redesignating the second paragraph (15) and para- graph (16) as paragraphs (16) and (17), respectively.

(b) UNUSUAL MORTALITY EVENT FUND.—Section 405(a) (16

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

striking ‘‘a fund’’ and inserting in lieu thereof ‘‘an interest bearing

fund’’.

SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES.

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

surrounding the State of Hawaii, it is lawful for a person subject

to the jurisdiction of the United States to approach, by any means

other than an aircraft, no closer than 100 yards to a humpback

whale, regardless of whether the approach is made in waters designated under section 222.31 of title 50, Code of Federal Regulations, as cow/calf waters.

(b) TERMINATION OF LEGAL EFFECT OF CERTAIN REGULATIONS.—

Subsection (b) of section 222.31 of title 50, Code of Federal Regulations, shall cease to be in force and effect.

SEC. 18. SCRIMSHAW EXEMPTIONS.

Notwithstanding any other provision of law, any valid certificate of exemption renewed by the Secretary (or deemed to be

renewed) under section 10(f)(8) of the Endangered Species Act of

1973 (16 U.S.C. 1539(f)(8)) for any person holding such a certificate

with respect to the possession of pre-Act finished scrimshaw products or raw material for such products shall remain valid for a

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

of this Act.

SEC. 19. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

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

further amended by adding at the end the following new section:

‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

‘‘(a) IN GENERAL.—The Secretary may enter into cooperative

agreements with Alaska Native organizations to conserve marine
S. 1636—29

mammals and provide co-management of subsistence use by Alaska

Natives.

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

include grants to Alaska Native organizations for, among other

purposes—

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

‘‘(2) monitoring the harvest of marine mammals for subsistence use;

‘‘(3) participating in marine mammal research conducted

by the Federal Government, States, academic institutions, and

private organizations; and

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

with Federal and State agencies.

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

intended or shall be construed—

‘‘(1) as authorizing any expansion or change in the respective jurisdiction of Federal, State, or tribal governments over

fish and wildlife resources; or

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

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

entities.

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

to be appropriated for the purposes of carrying out this section—

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

of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999;

and

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

of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

The amounts authorized to be appropriated under this subsection

are in addition to the amounts authorized to be appropriated under

section 116.’’.

SEC. 20. MARINE ECOSYSTEM PROTECTION.

Section 110 (16 U.S.C. 1380) is amended by striking subsection (c) and inserting the following: ‘‘(c)(1) No later than 1 year after the date of enactment of

the Marine Mammal Protection Act Amendments of 1994, the Secretary of Commerce shall convene a regional workshop for the

Gulf of Maine to assess human-caused factors affecting the health

and stability of that marine ecosystem, of which marine mammals

are a part. The workshop shall be conducted in consultation with

the Marine Mammal Commission, the adjacent coastal States,

individuals with expertise in marine mammal biology and ecology,

representatives from environmental organizations, the fishing

industry, and other appropriate persons. The goal of the workshop

shall be to identify such factors, and to recommend a program

of research and management to restore or maintain that marine

ecosystem and its key components that—

‘‘(A) protects and encourages marine mammals to develop

to the greatest extent feasible commensurate with sound policies of resource management;

‘‘(B) has as the primary management objective the maintenance of the health and stability of the marine ecosystems;

‘‘(C) ensures the fullest possible range of management

options for future generations; and
S. 1636—30

‘‘(D) permits nonwasteful, environmentally sound development of renewable and nonrenewable resources.

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

shall submit to the Committee on Merchant Marine and Fisheries

of the House of Representatives and the Committee on Commerce,

Science and Transportation of the Senate a report containing the

results of the workshop under this subsection, proposed regulatory

or research actions, and recommended legislative action.

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

Secretary of the Interior, the Marine Mammal Commission, the

State of Alaska, and Alaska Native organizations, shall, not later

than 180 days after the date of enactment of the Marine Mammal

Protection Act Amendments of 1994, undertake a scientific research

program to monitor the health and stability of the Bering Sea

marine ecosystem and to resolve uncertainties concerning the causes

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

living resources of that marine ecosystem. The program shall

address the research recommendations developed by previous workshops on Bering Sea living marine resources, and shall include

research on subsistence uses of such resources and ways to provide

for the continued opportunity for such uses.

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

undertaken pursuant to paragraph (1) shall be conducted in Alaska.

The Secretary of Commerce shall utilize, where appropriate, traditional local knowledge and may contract with a qualified Alaska

Native organization to conduct such research.

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

and the Commission shall address the status and findings of the

research program in their annual reports to Congress required

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

SEC. 21. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

Section 308(b) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)) is amended by striking ‘‘$2,500,000 for each

of the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995’’

and inserting in lieu thereof ‘‘$65,000,000 for each of the fiscal

years 1994 and 1995’’.

SEC. 22. COASTAL ECOSYSTEM HEALTH.

(a) REQUIREMENT TO CONVEY.—Not later than September 30,

1994, the Secretary of the Navy shall convey, without payment

or other consideration, to the Secretary of Commerce, all right,

title, and interest to the property comprising that portion of the

Naval Base, Charleston, South Carolina, bounded by Hobson

Avenue, the Cooper River, the landward extension of the northwest

side of Pier R, and the fenceline between the buildings known

as 200 and NS–16. Such property shall include Pier R, the buildings

known as RTC–1, RTC–4, 200, and 1874, all towers and outbuildings on that property, and all walkways and parking areas

associated with such buildings and Pier R.

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

NAVY.—The acreage and legal description of the property to be

conveyed pursuant to this section shall be determined by a survey

approved by the Secretary of the Navy. Such conveyance shall

not release the Secretary of the Navy from any liability arising

prior to, during, or after such conveyance as a result of the ownership or occupation of the property by the United States Navy.
S. 1636—31

(c) USE BY NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- TION.—The property conveyed pursuant to this section shall be used by the Secretary of Commerce in support of the operations

of the National Oceanic and Atmospheric Administration. (d) REVERSION RIGHTS.—Conveyance of the property pursuant to this section shall be subject to the condition that all right,

title, and interest in and to the property so conveyed shall immediately be conveyed to the public entity vested with ownership

of the remainder of the Charleston Naval Base, if and when—

(1) continued ownership and occupation of the property by the National Oceanic and Atmospheric Administration no

longer is compatible with the comprehensive plan for reuse

of the Charleston Naval Base developed by the community

reuse committee and approved by the Secretary of the Navy;

and

(2) such public entity provides for relocation of the pro- grams and personnel of the National Oceanic and Atmospheric

Administration occupying such property, at no further cost

to the United States Government, to a comparable facility,

including adjacent waterfront and pier, within the Charleston

area.

SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE.

Title I (16 U.S.C. 1371 et seq.), as amended by this Act, is further amended by adding at the end the following new section:

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

‘‘(a) PINNIPED REMOVAL AUTHORITY.—Notwithstanding any other provision of this title, the Secretary may permit the intentional lethal taking of pinnipeds in accordance with this section. ‘‘(b) APPLICATION.—(1) A State may apply to the Secretary to authorize the intentional lethal taking of individually identifiable

pinnipeds which are having a significant negative impact on the

decline or recovery of salmonid fishery stocks which— ‘‘(A) have been listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.); ‘‘(B) the Secretary finds are approaching threatened species or endangered species status (as those terms are defined in

that Act); or

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

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

description of the problem interaction and expected benefits of

the taking. ‘‘(c) ACTIONS IN RESPONSE TO APPLICATION.—(1) Within 15 days of receiving an application, the Secretary shall determine whether

the application has produced sufficient evidence to warrant

establishing a Pinniped-Fishery Interaction Task Force to address

the situation described in the application. If the Secretary determines sufficient evidence has been provided, the Secretary shall

establish a Pinniped-Fishery Interaction Task Force and publish

a notice in the Federal Register requesting public comment on

the application.

‘‘(2) A Pinniped-Fishery Interaction Task Force established under paragraph (1) shall consist of designated employees of the

Department of Commerce, scientists who are knowledgeable about
S. 1636—32

the pinniped interaction that the application addresses, representatives of affected conservation and fishing community organizations,

Indian Treaty tribes, the States, and such other organizations as

the Secretary deems appropriate.

‘‘(3) Within 60 days after establishment, and after reviewing

public comments in response to the Federal Register notice under

paragraph (1), the Pinniped-Fishery Interaction Task Force shall—

‘‘(A) recommend to the Secretary whether to approve or

deny the proposed intentional lethal taking of the pinniped

or pinnipeds, including along with the recommendation a

description of the specific pinniped individual or individuals,

the proposed location, time, and method of such taking, criteria

for evaluating the success of the action, and the duration of

the intentional lethal taking authority; and

‘‘(B) suggest nonlethal alternatives, if available and practicable, including a recommended course of action.

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

the Pinniped-Fishery Interaction Task Force, the Secretary shall

either approve or deny the application. If such application is

approved, the Secretary shall immediately take steps to implement

the intentional lethal taking, which shall be performed by Federal

or State agencies, or qualified individuals under contract to such

agencies.

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

Pinniped-Fishery Interaction Task Force shall evaluate the

effectiveness of the permitted intentional lethal taking or alternative actions implemented. If implementation was ineffective in

eliminating the problem interaction, the Task Force shall recommend additional actions. If the implementation was effective,

the Task Force shall so advise the Secretary, and the Secretary

shall disband the Task Force.

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

should be approved or denied, the Pinniped-Fishery Interaction

Task Force and the Secretary shall consider—

‘‘(1) population trends, feeding habits, the location of the

pinniped interaction, how and when the interaction occurs,

and how many individual pinnipeds are involved;

‘‘(2) past efforts to nonlethally deter such pinnipeds, and

whether the applicant has demonstrated that no feasible and

prudent alternatives exist and that the applicant has taken

all reasonable nonlethal steps without success;

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

injury or impact to, or imbalance with, other species in the

ecosystem, including fish populations; and

‘‘(4) the extent to which such pinnipeds are exhibiting

behavior that presents an ongoing threat to public safety.

‘‘(e) LIMITATION.—The Secretary shall not approve the intentional lethal taking of any pinniped from a species or stock that

is—

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

under the Endangered Species Act of 1973 (16 U.S.C. 1531

et seq.);

‘‘(2) depleted under this Act; or

‘‘(3) a strategic stock.

‘‘(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR SEALS; INVESTIGATION AND REPORT.—
S. 1636—33

‘‘(1) The Secretary shall engage in a scientific investigation

to determine whether California sea lions and Pacific harbor

seals—

‘‘(A) are having a significant negative impact on the

recovery of salmonid fishery stocks which have been listed

as endangered species or threatened species under the

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

or which the Secretary finds are approaching such endangered species or threatened species status; or

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

ecosystems of Washington, Oregon, and California.

The Secretary shall conclude this investigation and prepare

a report on its results no later than October 1, 1995.

‘‘(2) Upon completion of the scientific investigation required

under paragraph (1), the Secretary shall enter into discussions

with the Pacific States Marine Fisheries Commission, on behalf

of the States of Washington, Oregon, and California, for the

purpose of addressing any issues or problems identified as

a result of the scientific investigation, and to develop recommendations to address such issues or problems. Any recommendations resulting from such discussions shall be submitted, along with the report, to the Committee on Merchant

Marine and Fisheries of the House of Representatives and

the Committee on Commerce, Science, and Transportation of

the Senate.

‘‘(3) The Secretary shall make the report and the recommendations submitted under paragraph (2) available to the

public for review and comment for a period of 90 days. ‘‘(4) There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the provisions

of this subsection.

‘‘(5) The amounts appropriated under section 308(c) of the

Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(c))

and allocated to the Pacific States Marine Fisheries Commission

may be used by the Commission to participate in discussions

with the Secretary under paragraph (2).

‘‘(g) REGIONWIDE PINNIPED-FISHERY INTERACTION STUDY.— ‘‘(1) The Secretary may conduct a study, of not less than

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

Fisheries Service, on the interaction between fish and

pinnipeds. In conducting the study, the Secretary shall consult

with other State and Federal agencies with expertise in

pinniped-fishery interaction. The study shall evaluate— ‘‘(A) fish behavior in the presence of predators generally;

‘‘(B) holding times and passage rates of anadromous

fish stocks in areas where such fish are vulnerable to

predation;

‘‘(C) whether additional facilities exist, or could be

reasonably developed, that could improve escapement for

anadromous fish; and

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

‘‘(2) Subject to the availability of appropriations, the Secretary may, not later than 18 months after the commencement

of the study under this subsection, transmit a report on the

results of the study to the Committee on Commerce, Science,
S. 1636—34

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

‘‘(3) The study conducted under this subsection may not

be used by the Secretary as a reason for delaying or deferring

a determination or consideration under subsection (c) or (d).

‘‘(h) GULF OF MAINE TASK FORCE.—The Secretary shall establish a Pinniped-Fishery Interaction Task Force to advise the Secretary on issues or problems regarding pinnipeds interacting in

a dangerous or damaging manner with aquaculture resources in

the Gulf of Maine. No later than 2 years from the date of enactment

of this section, the Secretary shall after notice and opportunity

for public comment submit to the Committee on Merchant Marine

and Fisheries of the House of Representatives and the Committee

on Commerce, Science, and Transportation of the Senate a report

containing recommended available alternatives to mitigate such

interactions.

‘‘(i) REQUIREMENTS APPLICABLE TO TASK FORCES.—(1) Any task

force established under this section—

‘‘(A) shall to the maximum extent practicable, consist of

an equitable balance among representatives of resource user

interests and nonuser interests; and

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

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

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

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

shall be given to the public by the task force in a timely fashion.

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

117 shall prevent the Secretary from publishing a stock assessment

for Gulf of Maine harbor porpoise in an expedited fashion.

‘‘(2) In developing and implementing a take reduction plan

under section 118 for Gulf of Maine harbor porpoise, the Secretary

shall consider all actions already taken to reduce incidental mortality and serious injury of such stock, and may, based on the recommendations of the take reduction team for such stock, modify

the time period required for compliance with section 118(f)(5)(A),

but in no case may such modification extend the date of compliance

beyond April 1, 1997.’’.

SEC 24. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.

(a) AMENDMENTS RELATING TO DEFINITION OF SECRETARY.— (1) EXECUTION OF PRIOR AMENDMENTS.—The amendments

set forth in section 3004(b) of the Marine Mammal Health

and Stranding Response Act (106 Stat. 5067)— (A) are deemed to have been made by that section to section 3(12) of the Marine Mammal Protection Act

of 1972 (16 U.S.C. 1362(12)); and

(B) shall not be considered to have been made by

that section to section 3(11) of that Act (16 U.S.C. 1362(11)).

(2) FURTHER TECHNICAL AND CONFORMING AMENDMENTS.—

Section 3(12)(B) of the Marine Mammal Protection Act of 1972,

as deemed by paragraph (1)(A) of this subsection to have been

amended by section 3004(b) of the Marine Mammal Health

and Stranding Response Act (106 Stat. 5067), is further amended in subparagraph (B) by striking ‘‘in title III’’ and inserting

‘‘in section 118 and title IV’’.

(b) MARINE MAMMAL HEALTH AND STRANDING RESPONSE.—The

Act (16 U.S.C. 1361 et seq.) is amended—
S. 1636—35

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

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

(2) by redesignating the sections of that title (16 U.S.C.

1421 through 1421h) as sections 401 through 409, respectively.

(c) FURTHER AMENDMENTS TO TITLE IV.—The Act (16 U.S.C.

1361 et seq.) is amended—

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

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

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

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

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

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

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

by striking ‘‘304(c)’’ and inserting ‘‘404(c)’’;

(5) in section 408(1) (as redesignated by this section)—

(A) by striking ‘‘305’’ and inserting ‘‘405’’, and

(B) by striking ‘‘307’’ and inserting ‘‘407’’;

(6) in section 408(2) (as redesignated by this section) by

striking ‘‘307’’ and inserting ‘‘407’’;

(7) in section 409(1) (as redesignated by this section) by

striking ‘‘305(a)’’ and inserting ‘‘405(a)’’;

(8) in section 409(5) (as redesignated by this section) by

striking ‘‘307(a)’’ and inserting ‘‘407(a)’’;

(9) in section 102(a) (16 U.S.C. 1372(a)) by striking ‘‘title

III’’ and inserting ‘‘title IV’’;

(10) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by striking

‘‘title III’’ and inserting ‘‘title IV’’;

(11) in section 112(c) (16 U.S.C. 1382(c)) by striking ‘‘or

title III’’ and inserting ‘‘or title IV’’; and (12) in the table of contents in the first section, by striking

the items relating to the title that is redesignated by subsection

(b) of this section and the sections that are redesignated by

subsection (b) of this section and inserting the following:

‘‘TITLE IV—MARINE MAMMAL HEALTH AND STRANDING RESPONSE

‘‘Sec. 401. Establishment of program.

‘‘Sec. 402. Determination; data collection and dissemination.

‘‘Sec. 403. Stranding response agreements.

‘‘Sec. 404. Unusual mortality event response.

‘‘Sec. 405. Unusual mortality event activity funding.

‘‘Sec. 406. Liability.

‘‘Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.

‘‘Sec. 408. Authorization of appropriations.

‘‘Sec. 409. Definitions.’’.

(d) CLERICAL AMENDMENTS.—The portion of the table of contents in the first section of the Act relating to title I is amended

by adding at the end the following new items:

‘‘Sec. 117. Stock assessments.

‘‘Sec. 118. Taking of marine mammals incidental to commercial fishing operations. ‘‘Sec. 119. Marine mammal cooperative agreements in Alaska. ‘‘Sec. 120. Pacific Coast Task Force; Gulf of Maine.’’.

(e) EFFECTIVE DATE.—The amendments made by subsection

(a) shall be effective as if enacted as part of section 3004 of the

Marine Mammal Health and Stranding Response Act (106 Stat.

5067).

SEC. 25. TRANSFER.

Of amounts appropriated by Public Law 103–139 to the Department of the Navy for Shipbuilding and Conversion, Navy, the Sec-
S. 1636—36

retary of the Navy shall transfer $8,000,000 not later than May

15, 1994, to the Administrator of the Maritime Administration

for the conversion of the USNS CHAUVENET to a training ship

for the Texas Maritime Academy’s Training Program.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.