```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1636 Engrossed Amendment House (EAH)]

103d CONGRESS

  2d Session

                                S. 1636

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT
                 In the House of Representatives, U.S.,

                                                        April 26, 1994.
      Resolved, That the House agree to the amendment of the Senate to 
the amendment of the House to the bill (S. 1636) entitled ``An Act to 
authorize appropriations for the Marine Mammal Protection Act of 1972 
and to improve the program to reduce the incidental taking of marine 
mammals during the course of commercial fishing operations, and for 
other purposes'', with the following

                              AMENDMENT :

        In lieu of the matter proposed to be inserted by the Senate 
    amendment, insert:

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, 
        including'' after ``made to protect''; and
            (2) in paragraph (5) in the matter following subparagraph 
        (B) by inserting ``and their habitats'' before ``is therefore 
        necessary''.

SEC. 4. MORATORIUM AND EXCEPTIONS.

    (a) In General.--Section 101(a) (16 U.S.C. 1371(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Consistent with the provisions of section 104, 
        permits may be issued by the Secretary for taking, and 
        importation for purposes of scientific research, public 
        display, photography for educational or commercial 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 
        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 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 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 
        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--
            (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 otherwise 
        transferred under the authority of subparagraph (B) shall have 
        the rights and responsibilities described in subparagraph (B) 
        with respect to the marine mammal without obtaining any 
        additional permit or authorization under this Act. Such 
        responsibilities shall be limited to--
                    ``(i) for the purpose of public display, the 
                responsibility to meet the requirements of clauses (i), 
                (ii), and (iii) of subparagraph (A),
                    ``(ii) for the purpose of scientific research, the 
                responsibility to meet the requirements of paragraph 
                (3), and
                    ``(iii) for the purpose of enhancing the survival 
                or recovery of a species or stock, the responsibility 
                to meet the requirements of paragraph (4).
            ``(D) If the Secretary--
                    ``(i) finds in concurrence with the Secretary of 
                Agriculture, that a person that holds a permit under 
                this paragraph for a marine mammal, or a 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 
        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 
        importation of polar bear parts (other than internal organs) 
        taken in sport hunts in Canada, including polar bears taken but 
        not imported prior to the date of enactment of the Marine 
        Mammal Protection Act Amendments of 1994, to an applicant which 
        submits with its permit application proof that the polar bear 
        was legally harvested in Canada by the applicant. Such a permit 
        shall be issued if the Secretary, in consultation with the 
        Marine Mammal Commission and after notice and opportunity for 
        public comment, finds that--
                    ``(i) Canada has a monitored and enforced sport 
                hunting program consistent with the purposes of the 
                Agreement on the Conservation of Polar Bears;
                    ``(ii) Canada has a sport hunting program based on 
                scientifically sound quotas ensuring the maintenance of 
                the affected population stock at a sustainable level;
                    ``(iii) the export and subsequent import are 
                consistent with the provisions of the Convention on 
                International Trade in Endangered Species of Wild Fauna 
                and Flora and other international agreements and 
                conventions; and
                    ``(iv) the export and subsequent import are not 
                likely to contribute to illegal trade in bear parts.
            ``(B) The Secretary shall establish and charge a reasonable 
        fee for permits issued under this paragraph. All fees collected 
        under this paragraph shall be available to the Secretary for 
        use in developing and implementing cooperative research and 
        management programs for the conservation of polar bears in 
        Alaska and Russia pursuant to section 113(d).
            ``(C)(i) The Secretary shall undertake a scientific review 
        of the impact of permits issued under this paragraph on the 
        polar bear population stocks in Canada within 2 years after the 
        date of enactment of this paragraph. The Secretary shall 
        provide an opportunity for public comment during the course of 
        such review, and shall include a response to such public 
        comment in the final report on such review.
            ``(ii) The Secretary shall not issue permits under this 
        paragraph after September 30, 1996, if the Secretary 
        determines, based on the scientific review, that 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--
                    ``(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 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 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:

``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 
        serious injury of the stock by source and, for a strategic 
        stock, other factors that may be causing a decline or impeding 
        recovery of the stock, including effects on marine mammal 
        habitat and prey;
            ``(4) describe commercial fisheries that interact with the 
        stock, including--
                    ``(A) the approximate number of vessels actively 
                participating in each such fishery;
                    ``(B) the estimated level of incidental mortality 
                and serious injury of the stock by each such fishery on 
                an annual basis;
                    ``(C) seasonal or area differences in such 
                incidental mortality or serious injury; and
                    ``(D) the rate, based on the appropriate standard 
                unit of fishing effort, of such incidental mortality 
                and serious injury, and an analysis stating whether 
                such level is insignificant and is approaching a zero 
                mortality and serious injury rate;
            ``(5) categorize the status of the stock as one that 
        either--
                    ``(A) has a level of human-caused mortality and 
                serious injury that is not likely to cause the stock to 
                be reduced below its optimum sustainable population; or
                    ``(B) is a strategic stock, with a description of 
                the reasons therefor; and
            ``(6) estimate the potential biological removal level for 
        the stock, describing the information used to calculate it, 
        including the recovery factor.
    ``(b) Public Comment.--(1) The Secretary shall publish in the 
Federal Register a notice of the availability of a draft stock 
assessment or any revision thereof and provide an opportunity for 
public review and comment during a period of 90 days. Such notice shall 
include a summary of the assessment and a list of the sources of 
information or published reports upon which the assessment is based.
    ``(2) Subsequent to the notice of availability required under 
paragraph (1), if requested by a person to which section 101(b) 
applies, the Secretary shall conduct a proceeding on the record prior 
to publishing a final stock assessment or any revision thereof for any 
stock subject to taking under section 101(b).
    ``(3) After consideration of the best scientific information 
available, the advice of the appropriate regional scientific review 
group established under subsection (d), and the comments of the general 
public, the Secretary shall publish in the Federal Register a notice of 
availability and a summary of the final stock assessment or any 
revision thereof, not later than 90 days after--
            ``(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.).
    ``(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) Section 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 insignificant 
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 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 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.
    ``(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).
    ``(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.
    ``(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 
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 
        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.
            ``(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 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 
        termination, if the Secretary determines that the reasons for 
        emergency regulations no longer exist.
    ``(4) If the Secretary finds that incidental mortality and serious 
injury of marine mammals in a commercial fishery is continuing to have 
an immediate and significant adverse impact on a stock or species, the 
Secretary may extend the emergency regulations for an additional period 
of not more than 90 days or until reasons for the emergency no longer 
exist, whichever is earlier.
    ``(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 (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--
            (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 
        paragraph (16) as paragraphs (16) and (17), respectively.
    (b) Unusual Mortality Event Fund.--Section 405(a) (16 U.S.C. 
1421d(a)), as so redesignated by this Act, is amended by striking ``a 
fund'' and inserting in lieu thereof ``an interest bearing fund''.

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 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
            ``(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.
    (c) Use by National Oceanic and Atmospheric Administration.--The 
property conveyed pursuant to this section shall be used by the 
Secretary of Commerce in support of the operations of the National 
Oceanic and Atmospheric Administration.
    (d) Reversion Rights.--Conveyance of the property pursuant to this 
section shall be subject to the condition that all right, title, and 
interest in and to the property so conveyed shall immediately be 
conveyed to the public entity vested with ownership of the remainder of 
the Charleston Naval Base, if and when--
            (1) continued ownership and occupation of the property by 
        the National Oceanic and Atmospheric Administration no longer 
        is compatible with the comprehensive plan for reuse of the 
        Charleston Naval Base developed by the community reuse 
        committee and approved by the Secretary of the Navy; and
            (2) such public entity provides for relocation of the 
        programs and personnel of the National Oceanic and Atmospheric 
        Administration occupying such property, at no further cost to 
        the United States Government, to a comparable facility, 
        including adjacent waterfront and pier, within the Charleston 
        area.

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 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.--
            ``(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, 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--
            (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 Secretary of the 
Navy shall transfer $8,000,000 not later than May 15, 1994, to the 
Administrator of the Maritime Administration for the conversion of the 
USNS CHAUVENET to a training ship for the Texas Maritime Academy's 
Training Program.
            Attest:

                                                                 Clerk.
S 1636 EAH----2
S 1636 EAH----3
S 1636 EAH----4
S 1636 EAH----5
S 1636 EAH----6
S 1636 EAH----7
```