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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1636 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 1636

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 1636

_______________________________________________________________________

                                 AN ACT

 
  To authorize appropriations for the Marine Mammal Protection Act of 
  1972 and to improve the program to reduce the incidental taking of 
marine mammals during the course of commercial fishing operations, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Protection Act 
Amendments of 1994''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) authorize appropriations to carry out the Marine Mammal 
        Protection Act of 1972 for the fiscal years 1994 through 1999;
            (2) ensure that the incidental mortality and serious injury 
        of marine mammals in commercial fisheries does not cause any 
        species or stock of marine mammals to be reduced to or 
        maintained at, for significant periods of time, a level that is 
        below the lower limit of its optimum sustainable population 
        range;
            (3) prohibit intentional killing of marine mammals during 
        commercial fishing;
            (4) improve efforts to identify and address the most 
        significant problems involving incidental mortality and serious 
        injury of marine mammals in commercial fishing operations, 
        considering the population size and status of the affected 
        marine mammal stocks and the numbers of marine mammals that are 
        incidentally killed or injured in commercial fisheries;
            (5) ensure that the procedure for authorizing the 
        incidental taking of marine mammals in commercial fisheries is 
        consistent with the long-term objective of identifying and 
        taking such steps as may be practicable to reduce incidental 
        mortality and serious injury from commercial fishing operations 
        to insignificant rates approaching zero; and
            (6) continue cost-effective programs for reliably 
        monitoring (A) the levels of incidental mortality and serious 
        injury of marine mammals in commercial fisheries and (B) the 
        size and current population trends of the affected marine 
        mammal stocks.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Commerce.--Section 7(a) 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(a)), is amended to read as follows:
    ``(a) Department of Commerce.--(1) There are authorized to be 
appropriated to the Department of Commerce, for purposes of carrying 
out such functions and responsibilities as it may have been given under 
title I of the Marine Mammal Protection Act of 1972 (other than 
sections 117 and 118 of that Act), $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 of the 
Marine Mammal Protection Act of 1972, $15,000,000 for each of the 
fiscal years 1994 through 1999.''.
    (b) Department of the Interior.--Section 7(b) 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(b)), is amended to read as follows:
    ``(b) Department of the Interior.--There are authorized to be 
appropriated to the Department of the Interior, for purposes of 
carrying out such functions and responsibilities as it may have been 
given under title I of the Marine Mammal Protection Act of 1972, 
$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.''.
    (c) Marine Mammal Commission.--Section 7(c) 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. 
1407), is amended to read as follows:
    ``(c) Marine Mammal Commission.--There are authorized to be 
appropriated to the Marine Mammal Commission, for purposes of carrying 
out such functions and responsibilities as it may have been given under 
title II of the Marine Mammal Protection Act of 1972, $1,350,000 for 
fiscal year 1994, $1,400,000 for fiscal year 1995, $1,450,000 for 
fiscal year 1996, $1,500,000 for fiscal year 1997, $1,550,000 for 
fiscal year 1998, and $1,600,000 for fiscal year 1999.''.

SEC. 4. MORATORIUM AND EXCEPTIONS.

    (a) In General.--In introductory matter of section 101(a) of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)) is amended--
            (1) by inserting ``, harassment,'' immediately before ``and 
        importation''; and
            (2) by inserting ``or harassment'' immediately after ``for 
        the taking''.
    (b) Permits for Research, Display, Enhancing Survival or 
Recovery.--Section 101(a)(1) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371(a)(1)) is amended to read as follows:
            ``(1) Consistent with the provisions of section 104, 
        permits may be issued by the Secretary for the taking, 
        harassment, and importation of marine mammals for purposes of 
        scientific research, public display, or enhancing the survival 
        or recovery of a species or stock. Such permits may be issued 
        if the taking, harassment, 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 the Committee shall 
        recommend any proposed taking, harassment, or importation which 
        is consistent with the purpose and policies of section 2. The 
        Secretary shall, if the Secretary grants approval for 
        importation, issue to the importer concerned a certificate to 
        that effect which shall be in such form as the Secretary of 
        Treasury prescribes and such importation may be made upon 
        presentation of the certificate to the customs officer 
        concerned.''.
    (c) Authorization for Incidental Taking During Commercial 
Fisheries.--The first sentence of section 101(a)(2) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended by 
inserting immediately 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.''.
    (d) Taking or Importation From Depleted Stocks.--(1) Section 
101(a)(3)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371(a)(3)(A)) is amended by inserting ``, except as provided in 
paragraph (6),'' after ``that'' in the second proviso.
    (2) Section 101(a)(3)(B) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371(a)(3)(B)) is amended by inserting ``, or as 
provided for under paragraph (5) of this subsection,'' immediately 
after ``subsection,''.
    (e) Authorization for Harassment of Small Numbers of Marine 
Mammals.--Section 101(a)(5) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371(a)(5)) is amended--
            (1) in subparagraph (A), by inserting ``or harassment'' 
        immediately after ``taking'' each place it appears; and
            (2) by adding at the end the following new subparagraph:
            ``(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 one 
        year, subject to such conditions as the Secretary may specify, 
        the incidental, but not intentional, 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 120.
            ``(ii) The authorization for such activity shall prescribe, 
        where applicable--
                    ``(I) permissible methods of taking 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 
                subsistence uses pursuant to subsection (b), or section 
                109(f), or pursuant to a cooperative agreement under 
                section 120;
                    ``(II) the measures that the Secretary determines 
                are necessary to ensure no unmitigable adverse impact 
                on the availability of the species or stock for 
                subsistence uses pursuant to subsection (b), or section 
                109(f), or pursuant to a cooperative agreement under 
                section 120; and
                    ``(III) requirements pertaining to the monitoring 
                and reporting of such taking, 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 120.
            ``(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) and (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 harassment that 
        occurs in compliance with such authorization.''.
    (f) Permits Concerning Endangered or Threatened Marine Mammal 
Stocks.--Section 101(a)(5) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371(a)(5)), as amended by this Act, is further amended by 
adding at the end the following new subparagraph:
            ``(E)(i) During any period of three consecutive years, the 
        Secretary shall allow the incidental, but not the intentional, 
        taking or harassment 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 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 an 
                incidental 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 substantially 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 
        substantial 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.''.
    (g) Importation of Certain Products.--Section 101(a) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)) is amended 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 owned and exported by any person in conjunction 
        with travel outside the United States;
            ``(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.''.
    (h) Actions Affecting Section 101(b).--Section 101(b) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(b)) is amended by adding 
at the end the following new sentence: ``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 or 
finding under this Act 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.''.
    (i) Taking in Defense of Self or Another Person.--Section 101(c) of 
the Marine Mammal Protection Act of 1972 (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--
            ``(1) such taking is imminently necessary in self-defense 
        or to save the life of a person in immediate danger; and
            ``(2) such taking is reported to the Secretary within 48 
        hours and, whenever feasible, any carcass is made available to 
        the Secretary intact.''.

SEC. 5. PERMITS.

    (a) Prohibitions.--Section 102(a) of the Marine Mammal Protection 
Act of 1972 (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 in lieu thereof ``to take or import''; and
            (2) by amending paragraph (4) to read as follows:
            ``(4) for any person to transport, purchase, sell, export, 
        or offer to purchase, sell, or export any marine mammal or 
        marine mammal product--
                    ``(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 section 104(c); 
                and''.
    (b) Permits.--(1) Section 104(a) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1374(a)) is amended--
            (A) by inserting ``, harassment,'' immediately after 
        ``taking''; and
            (B) by inserting ``except for the incidental taking of 
        marine mammals during the course of commercial fishing 
        operations'' immediately before the period at the end.
    (2) Section 104(c)(1) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1374(c)(1) is amended by striking ``and after'' in the first 
sentence.
    (3) Paragraph (2) of section 104(c) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1374(c)) is amended 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 the Animal Welfare Act (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--
                    ``(i) for the purpose of public display, be limited 
                to the responsibility to meet the requirements of 
                clauses (i), (ii), and (iii) of subparagraph (A);
                    ``(ii) for the purpose of scientific research, be 
                limited to 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, be limited to 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) 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).''.
    (4) Paragraph (3) of section 104(c) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1374(c)) is amended to read as follows:
            ``(3)(A) A permit may be issued, for scientific research 
        purposes that are likely to result in the taking or harassment 
        of a marine mammal, to an applicant who submits information 
        with the permit application indicating that the taking or 
        harassment is required to further a bona fide scientific 
        purpose. The Secretary is authorized to issue permits under 
        this paragraph prior to the end of the mandatory public review 
        and comment period if delaying the issuance of such permit 
        could result in harm to a species, stock, or individual marine 
        mammal, or result in loss of unique research opportunities.
            ``(B) No permit issued for purposes of scientific research 
        under subparagraph (A) shall authorize the lethal taking of a 
        marine mammal unless the applicant submits documentation to the 
        Secretary 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 designated as 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 60 days after the date of enactment of 
        the Marine Mammal Protection Act Amendments of 1994, the 
        Secretary shall grant a general authorization and shall issue 
        implementing regulations allowing bona fide scientific research 
        that is not likely to result in the taking or harassment of a 
        marine mammal. Such authorization shall apply to persons who 
        submit, at least 60 days prior to commencement of the research, 
        a letter of intent to the Secretary specifying--
                    ``(i) the species or stock of marine mammal on 
                which the research will be conducted;
                    ``(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 by the Secretary under this Act would 
                apply; and
                    ``(v) the methods 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 may notify the applicant that the proposed 
        research is likely to result in the taking or harassment of a 
        marine mammal, and that the provisions of subparagraph (A) 
        apply. If no such notification is received, the proposed 
        research shall be covered under the general authorization.''.
    (5) Section 104(c) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1374(c)) is amended by adding at the end the following new 
paragraphs:
            ``(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 possession of a marine mammal 
        pursuant to a permit under paragraph (2), or a person 
        exercising rights under paragraph (2)(C), 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 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) 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.''.
    (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. CONSERVATION PLANS.

    Section 115(b) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1383b(b)) is amended by adding at the end the following new 
paragraph:
    ``(4) If the Secretary determines that an incidental take reduction 
plan is necessary to reduce the incidental taking of marine mammals in 
the course of commercial fishing operations from a stock specified 
under section 117(a)(7), or for stocks which interact with a commercial 
fishery for which the Secretary has made a determination under section 
118(b)(1), any conservation plan prepared under this subsection for 
such stock shall incorporate the incidental take reduction plan 
required under section 118 for such stock.''.

SEC. 7. STOCK ASSESSMENTS.

    (a) In General.--Title I of the Marine Mammal Protection Act of 
1972 (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, after consultation with the appropriate regional scientific 
working 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 anthropogenic mortality and 
        serious injury of the stock and, for a stock specified under 
        paragraph (7), 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 a 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 anthropogenic mortality and 
                serious injury that is not likely to cause the stock to 
                be reduced below its optimum sustainable population; or
                    ``(B)(i) meets the criteria described under 
                paragraph (7);
                    ``(ii) is listed as threatened or endangered under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), or designated as depleted under this Act; or
                    ``(iii) meets the criteria specified in both 
                clauses (i) and (ii);
            ``(6) estimate the calculated removal level for the stock, 
        describing the information used to calculate it, including the 
        recovery factor; and
            ``(7) specify whether the Secretary has reason to believe 
        that the level of anthropogenic mortality and serious injury 
        for the stock is such that it may cause the stock to be reduced 
        or maintained below its optimum sustainable population.
    ``(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, in consultation with 
the appropriate regional scientific review group established under 
subsection (d), shall review stock assessments under this section--
            ``(A) annually for stocks specified under subsection (a)(7) 
        or for which substantial new information is available; and
            ``(B) at least once every 3 years for all other marine 
        mammal 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 Governors of affected adjacent coastal States, regional fishery and 
wildlife management authorities, Alaska Native organizations and Indian 
tribes, environmental and fishery groups, establish at least two 
independent regional scientific review groups 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 working group. The regional scientific review groups shall 
advise the Secretary on all aspects of the stock assessments required 
under this section.
    ``(2) The regional scientific review groups established under this 
section shall not be subject to the Federal Advisory Committee Act (5 
App. U.S.C.).
    ``(3) Members of the regional 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 duties as members of such regional scientific review 
groups.
    ``(4) The Secretary may appoint or reappoint individuals to the 
regional scientific working 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. 8. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING 
              OPERATIONS.

    Title I of the Marine Mammal Protection Act of 1972 (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 section, 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.
    ``(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 or endangered species under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), both this section and 
section 101(a)(5)(E) of this Act shall apply.
    ``(3) Sections 104(h) and title III, and not this section, shall 
govern the taking of marine mammals in the course of commercial purse 
seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean.
    ``(4) This section shall not govern the taking of marine mammals 
from the California population of sea otters to which the Act of 
November 7, 1986 (Public Law 99-625; 100 Stat. 3500) applies.
    ``(5) Sections 103 and 104 shall not apply to the incidental taking 
of marine mammals under the authority of this section.
    ``(6) Except as provided in section 101(c)(2), the intentional 
killing of any marine mammal in the course of commercial fishing 
operations is prohibited.
    ``(b) Incidental Take Reduction Plans.--(1) The Secretary shall 
develop and implement an incidental take reduction plan designed to 
assist in the recovery of each marine mammal stock that is specified 
under section 117(a)(7) which interacts with a commercial fishery 
listed under subsection (f)(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 (f)(1)(A)(i) which 
the Secretary determines, after notice and opportunity for public 
comment, has an excessive rate of mortality and serious injury across a 
number of such marine mammal stocks.
    ``(2) If there is insufficient funding available to develop and 
implement an incidental take reduction plan for all such stocks that 
interact with commercial fisheries listed under subsection (f)(1)(A) 
(i) or (ii), the Secretary shall give highest priority to the 
development and implementation of incidental take reduction plans for 
species or stocks whose level of incidental mortality and serious 
injury exceeds the calculated removal level, those that have a small 
population size, and those which are declining most rapidly.
    ``(3) Each incidental take reduction plan developed under this 
subsection for a stock shall include the following:
            ``(A) A review and evaluation of the information contained 
        in the stock assessment published under section 117 and any 
        substantial new information that may be available.
            ``(B) An evaluation and estimate of the total number and 
        percentage of animals from the stock that are being killed or 
        seriously injured each year as a result of commercial fishing 
        activities.
            ``(C) Proposed management measures and voluntary actions 
        for the reduction of incidental mortality and serious injury of 
        marine mammals in commercial fisheries which interact with such 
        stock.
            ``(D) A long-term strategy to reduce, to insignificant 
        levels approaching a zero rate within 10 years, the incidental 
        mortality and serious injury of marine mammals from the stock 
        in the course of commercial fishing operations.
    ``(4)(A) Each incidental take reduction plan shall include 
projected dates for achieving the objectives of the plan.
    ``(B) For any stock in which incidental mortality and serious 
injury from commercial fisheries exceeds the calculated removal level 
established under section 117, the plan shall include measures the 
Secretary expects will reduce, within 6 months after commencement of 
operations by commercial fisheries that interact with that stock, such 
mortality and serious injury to a level below the calculated removal 
level.
    ``(C) For any stock in which anthropogenic mortality and serious 
injury exceeds the calculated removal level, other than a stock to 
which subparagraph (B) applies, the plan shall include measures the 
Secretary expects will reduce, to the maximum extent practicable within 
6 months after commencement of operations by commercial fisheries that 
interact with that stock, 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.
    ``(5)(A) At the earliest possible time (not later than 60 days) 
after the Secretary issues a final stock assessment for a stock 
specified under section 117(a)(7), the Secretary shall, and for stocks 
that interact with a fishery listed under subsection (f)(1)(A)(i) for 
which the Secretary has made a determination under paragraph (1), the 
Secretary may--
            ``(i) establish an incidental 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 charge an incidental 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 incidental take reduction teams shall be 
individuals knowledgeable and experienced regarding measures to 
conserve such stocks and to reduce incidental mortality and serious 
injury to such stock from commercial fishing operations. Members may 
include representatives of Federal and State agencies, Councils, 
interstate fishery commissions, academic and scientific organizations, 
environmental and fishery groups, Alaska Native organizations and 
Indian tribes, and others as the Secretary considers appropriate. 
Incidental take reduction teams shall include a representative of each 
affected Council and State, and shall, to the maximum extent 
practicable, include an equitable balance among representatives of 
government, resource user interests, and public interest groups. 
Incidental take reduction teams shall not be subject to the Federal 
Advisory Committee Act (5 App. U.S.C.) but their meetings shall be open 
to the public, after timely notice of the time and place of such 
meetings.
    ``(D) Members of incidental 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.
    ``(6) Where the anthropogenic mortality and serious injury from a 
stock specified under section 117(a)(7) is estimated to be equal to or 
greater than the calculated removal level established under section 117 
for such stock and such stock interacts with a fishery listed under 
subsection (f)(1)(A) (i) or (ii), the following procedures shall apply 
in the development of the incidental take reduction plan for the stock:
            ``(A)(i) Not later than 6 months after the date of 
        establishment of an incidental take reduction team for the 
        stock, the team shall submit a draft incidental take reduction 
        plan for such stock to the Secretary, consistent with the other 
        provisions of this section.
            ``(ii) Such draft incidental 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 incidental 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 incidental 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 incidental take reduction plan and implementing 
        regulations, for public review and comment during a period of 
        not to exceed 90 days.
            ``(C) Not later than 90 days after the close of the comment 
        period required under subparagraph (B), the Secretary shall 
        issue a final incidental take reduction plan and implementing 
        regulations, consistent with the other provisions of this 
        section.
            ``(D) the Secretary and the incidental 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 incidental take reduction plan 
        until such time that the Secretary determines that the 
        objectives of such plan have been met.
            ``(E) the Secretary shall amend the incidental 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.
    ``(7) Where the anthropogenic mortality and serious injury from a 
stock specified under section 117(a)(7) is estimated to be less than 
the calculated removal level established under section 117 for such 
stock and such stock interacts with a fishery listed under subsection 
(f)(1)(A) (i) or (ii), or for any marine mammal stocks which interact 
with a commercial fishery listed under subsection (f)(1)(A)(i) for 
which the Secretary has made a determination under paragraph (1), the 
following procedures shall apply in the development of the incidental 
take reduction plan for such stock:
            ``(A)(i) Not later than 11 months after the date of 
        establishment of an incidental take reduction team for the 
        stock, the team shall submit a draft incidental take reduction 
        plan for the stock to the Secretary, consistent with the other 
        provisions of this section.
            ``(ii) Such draft incidental 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 incidental 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 incidental 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 incidental take reduction plan and implementing 
        regulations, for public review and comment during a period of 
        not to exceed 90 days.
            ``(C) Not later than 90 days after the close of the comment 
        period required under subparagraph (B), the Secretary shall 
        issue a final incidental take reduction plan and implementing 
        regulations, consistent with the other provisions of this 
        section.
            ``(D) The Secretary and the incidental 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 incidental take reduction plan 
        until such time that the Secretary determines that the 
        objectives of such plan have been met.
            ``(E) The Secretary shall amend the incidental 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) In implementing an incidental take reduction plan developed 
pursuant to this subsection, the Secretary may, where necessary to 
implement an incidental 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 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, as set 
        forth in subsection (d).
    ``(9)(A) Notwithstanding paragraph (5), in the case of any stock to 
which paragraph (5) 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 an incidental take reduction 
team under paragraph (5) 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 an incidental 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 
incidental take reduction team for such stock for the purpose of 
amending the incidental 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 (6)(E) or (7)(E), as appropriate.
    ``(D) A draft stock assessment may only be used as the basis for an 
incidental 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 an incidental 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).
    ``(10) Incidental take reduction plans developed under this section 
for a species or stock listed as a threatened 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.
    ``(c) Emergency Regulations.--(1) If the Secretary finds that 
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 action as follows:
            ``(A) In the case of a stock or species for which an 
        approved incidental take reduction plan is in effect, the 
        Secretary shall--
                    ``(i) prescribe emergency regulations that, 
                consistent with such plan to the maximum extent 
                practicable, reduce such 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 incidental take reduction team to address such 
                adverse impact.
            ``(B) In the case of a stock or species for which an 
        incidental 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 an 
        incidental take reduction plan does not exist and is not being 
        developed, or in the case of a commercial fishery listed under 
        subsection (f)(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 under section 117 and the 
                classification of such commercial fishery under 
                subsection (f)(1)(A) to determine if an incidental take 
                reduction team should be established under this 
                section; and
                    ``(iii) may, where necessary to address such 
                adverse impact, require the placement of observers 
                pursuant to subsection (d) upon vessels in a commercial 
                fishery listed under subsection (f)(1)(A)(iii), if the 
                Secretary has reason to believe that such vessels may 
                be causing 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 Councils, State fishery managers, and the appropriate 
incidental 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 
        the 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.
    ``(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 
for commercial fisheries listed under subsection (f)(1)(A) (i) or (ii). 
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 (g); and
            ``(C) report on the impacts of changes in commercial 
        fishing methods or technology.
    ``(2) Pursuant to paragraph (1), the Secretary is authorized to 
place observers on board vessels as necessary, subject to the 
provisions of this section. Observers may perform other tasks 
including, but not limited to--
            ``(A) recording other sources of mortality;
            ``(B) recording the number of marine mammals sighted and 
        the behavior of such mammals observed in the vicinity of 
        commercial fishing gear;
            ``(C) other related scientific or fishery management 
        observations; and
            ``(D) collection of marine mammals tissues, where such 
        collection can be done safely and without interruption of 
        commercial fishing operations.
    ``(3) When determining the distribution of observers among 
fisheries and vessels within a fishery, the Secretary shall be guided 
by the following standards:
            ``(A) the need to obtain the best scientific information 
        available;
            ``(B) the requirement that assignment of observers be 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; and
            ``(D) where 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 designated as depleted on 
        the basis of their listing as endangered 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 stocks specified under 
        section 117(a)(7).
            ``(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) Notwithstanding paragraph (1), the Secretary may establish an 
alternative observer program to provide statistically reliable 
information on the species and number of any marine mammals 
incidentally taken in the course of commercial fishing operations. The 
alternative program may include, but need not be limited to, direct 
observation of fishing activities from vessels, airplanes, or points on 
shore.
    ``(6) The Secretary may, with the consent of the vessel owner, 
station an observer on board a vessel engaged in a commercial fishery 
not listed under subsection (f)(1)(A) (i) or (ii).
    ``(7) The Secretary shall not be required to place an observer on a 
vessel in a commerical fishery if the Secretary finds that--
            ``(A) in a situation where 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 of 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.
    ``(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 Councils who are responsible for 
        fishery management plan development and monitoring.
    ``(9) The Secretary shall prescribe such procedures as may be 
necessary to preserve the confidentiality of proprietary information 
collected under this subsection, 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) 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 10 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 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 inadequate information exists on 
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 (b), 
and shall make recommendations to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Merchant Marine 
and Fisheries of the House of Representatives on any legislative 
changes needed to achieve the goal specified in paragraph (1).
    ``(f) 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 (along with an explanation of such changes and a 
        statement of the marine mammals and the approximate number of 
        vessels or persons actively involved in each such fishery) 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 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 registration 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; and
            ``(iii) report as required by subsection (g).
    ``(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. Such owner and master shall be 
subject to penalty under sections 105 and 107 for a violation of clause 
(i) or (ii), and shall be subject to a fine of not more than $100 for 
each offense for a violation of clause (iii).
    ``(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 an incidental 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 (g), 
instances of incidental mortality or injury of marine mammals in the 
course of that fishery.
    ``(4) 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 (g) 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 the grant of 
an authorization under this section for an owner who complies with the 
requirements of this section. 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 regulations implementing an incidental take 
reduction plan or emergency regulations issued under this section.
    ``(5)(A) The Secretary shall develop, in consultation with the 
appropriate States, affected 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.
    ``(g) 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.
    ``(h) Penalties.--Except as provided in subsection (f), any person 
who violates this section shall be subject to the provisions of section 
105 and 107, and may be subject to section 106 as the Secretary 
establishes by regulations.
    ``(i) Voluntary Measures.--Nothing in this section shall be 
construed to limit the Secretary's authority to permit voluntary 
measures to be utilized in reducing the incidental taking of marine 
mammals in commercial fisheries.
    ``(j) Consultation With Secretary of the Interior.--The Secretary 
shall consult with the Secretary of the Interior on measures 
promulgated under this section which affect species or stocks under 
such Secretary's jurisdiction.''.

SEC. 9. PENALTIES; PROHIBITIONS.

    (a) Civil Penalties.--Section 105(a)(1) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1375(a)(1)) is amended by inserting 
``, except as provided in section 118,'' immediately after 
``thereunder'' and by inserting ``, harassment,'' immediately after 
``taking''.
    (b) Criminal Penalties.--Section 105(b) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1375(b)) is amended by inserting 
``(except as provided in section 118)'' immediately after 
``thereunder''.
    (c) Prohibitions.--Section 102(a) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1372(a)) is amended by striking ``and 114 of 
this title or title III'' and inserting in lieu thereof ``114, and 118 
of this title and title IV''.

SEC. 10. AUTHORIZATION TO DETER MARINE MAMMALS NONLETHALLY.

    Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371) is amended by adding at the end the following new subsection:
    ``(d)(1) Except as provided in paragraph (2), the provisions of 
this Act shall not apply to the use of measures--
            ``(A) 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;
            ``(B) 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;
            ``(C) by any person, to deter a marine mammal from 
        endangering personal safety; or
            ``(D) 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 the marine mammal.
    ``(2) 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 designated as 
threatened or endangered under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), the Secretary shall recommend specific measures 
which may be used to nonlethally deter such marine mammals. Actions to 
deter marine mammals consistent with such guidelines or specific 
measures shall not be a violation of this Act.
    ``(3) 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.
    ``(4) The authority to deter marine mammals pursuant to paragraph 
(1) applies to all marine mammals, including all stocks designated as 
depleted under this Act.''.

SEC. 11. 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(h) of this Act.

SEC. 12. TRANSITION RULE; IMPLEMENTING REGULATIONS.

    (a) Transition Rule.--Section 114(a)(1) of the Marine Mammal 
Protection Act of 1972 (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 
December 31, 1996, 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 within 270 days after the 
date of enactment of this Act.

SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Definitions.--Section 3 of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1362) is amended--
            (1) by striking paragraph (17);
            (2) by redesignating the second paragraph (15) and 
        paragraph (16) as paragraphs (16) and (17), respectively; and
            (3) in paragraph (12)(B), by striking ``in title III'' and 
        inserting in lieu thereof ``In section 118 and in title IV''.
    (b) Marine Mammal Health and Stranding Response.--The Marine Mammal 
Protection Act of 1972 (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) Unusual Mortality Event Fund.--Section 405(a) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1421d(a)), as so redesignated 
by subsection (b)(2) of this section, is amended by striking ``a fund'' 
and inserting in lieu thereof ``an interest bearing fund''.

SEC. 14. DEFINITIONS.

    Section 3 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1362), as amended by this Act, is further amended--
            (1) in paragraph (12), as redesignated by section 15 of 
        this Act, by striking ``harass,'' each place it appears; and
            (2) by adding at the end the following new paragraphs:
            ``(18) The term `calculated removal level' for a marine 
        mammal stock 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 for the stock at a small 
                population size; and
                    ``(C) if the stock is specified under section 
                117(a)(7), listed as endangered or threatened under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), or designated as depleted under this Act, a 
                recovery factor that is no greater than 1.0 to ensure 
                that the stock will recover to its optimum sustainable 
                population.
        The recovery factor under subparagraph (C) shall not be less 
        than 0.1 for an endangered stock, shall not be less than 0.3 
        for a threatened or depleted stock, and shall not be less than 
        0.5 for any other stock.
            ``(19) The term `Council' means any Regional Fishery 
        Management Council established under section 302 of the 
        Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1852).
            ``(20) The term `harassment' means any act of approach, 
        pursuit, torment, or annoyance which--
                    ``(A) has the potential to harm a marine mammal in 
                the wild; or
                    ``(B) 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, respiration, nursing, breeding, 
                feeding, and sheltering.
            ``(21) The term `incidental take reduction plan' means a 
        plan developed under section 118.
            ``(22) The term `incidental take reduction team' means a 
        team established under section 118.
            ``(23) 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.
            ``(24) 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. 15. 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 or any other 
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. 16. PINNIPED-FISHERY INTERACTION TASK FORCE.

    Title I of the Marine Mammal Protection Act of 1972 (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. PINNIPED-FISHERY INTERACTION TASK FORCE.

    ``(a) Pinniped Removal Authority.--Notwithstanding any other 
provision of this title, the Secretary may permit the lethal removal of 
pinnipeds in accordance with this section.
    ``(b) Application.--Any person may apply to the Secretary to 
authorize the lethal removal of pinnipeds identified as habitually 
exhibiting dangerous or damaging behavior that cannot otherwise be 
deterred. 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 
removal.
    ``(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 that such 
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, the 
Pinniped-Fishery Interaction Task Force shall--
            ``(A) recommend to the Secretary whether to approve or deny 
        the proposed lethal removal 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 removal, criteria for evaluating 
        the success of the action, and the duration of the 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 lethal removal, 
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 lethal removal 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 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 
        harm, impact, 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 lethal removal 
for any pinniped from a species or stock that is--
            ``(1) listed as threatened or endangered under the 
        Endangered Species Act of 1973;
            ``(2) designated as depleted under this Act; or
            ``(3) specified under section 117(a)(7) of this Act.
    ``(f) Regionwide Pinniped-Fishery Interaction Study.--(1)(A) The 
Secretary shall 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 carrying out the study, the Secretary 
shall consult with other State and Federal agencies with expertise in 
pinniped-fishery interaction. The study shall evaluate--
            ``(i) fish behavior in the presence of predators generally;
            ``(ii) holding times and passage rates of anadromous fish 
        stocks in areas where such anadromous fish are vulnerable to 
        predation;
            ``(iii) whether additional facilities exist, or could be 
        reasonably developed, that could improve escapement for 
        anadromous fish; and
            ``(iv) other issues the Secretary considers relevant.
    ``(B) Subject to the availability of appropriations, the Secretary 
shall, not later than 18 months after the date of enactment of this 
section, transmit a report on the results of the study required by this 
paragraph to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Merchant Marine and Fisheries of the 
House of Representatives.
    ``(C) There are authorized to be appropriated to the Secretary 
$700,000 for the purpose of carrying out the study required by this 
paragraph.
    ``(2) The study conducted under this subsection shall not be 
considered relevant in any determination under subsection (c), nor 
reviewed by any task force in connection with considerations under 
subsection (d), until such study is completed, and may not be used by 
the Secretary as a reason for delaying or deferring a determination 
under subsection (C).''.

SEC. 17. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

    Title I of the Marine Mammal Protection Act of 1972 (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. 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 or 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 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).''.

SEC. 18. BERING SEA MARINE ECOSYSTEM PROTECTION.

    Section 110 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1380) is amended by striking subsection (c) and inserting in lieu 
thereof the following:
    ``(c)(1) The Secretary of Commerce, in consultation with the 
Secretary of the Interior, the Marine Mammal Commission, the State of 
Alaska, Alaska Native organizations, and fishery and environmental 
groups, 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 of such uses.
    ``(2) To the maximum extent practicable, the research program 
undertaken pursuant to paragraph (1) shall be conducted in Alaska. The 
Secretary 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.''.

SEC. 19. 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. 20. 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 knows as RTC-1 and 200. Such property 
shall include Pier R, the buildings known as RTC-1 and RTC-4, 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 comparable facility, including 
        adjacent waterfront and pier, within the Charleston area.

            Passed the Senate March 21 (legislative day, February 22), 
      1994.

            Attest:

                                                             Secretary.

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