I 

111TH CONGRESS 

1ST SESSION H. R. 843 

To amend the Marine Mammal Protection Act of 1972 to repeal the longterm goal for reducing to zero the incidental mortality and serious 

injury of marine mammals in commercial fishing operations, and to 

modify the goal of take reduction plans for reducing such takings. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2009 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Marine Mammal Protection Act of 1972 to 

repeal the long-term goal for reducing to zero the incidental mortality and serious injury of marine mammals 

in commercial fishing operations, and to modify the goal 

of take reduction plans for reducing such takings. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 The Congress finds the following: 

5 (1) The goal of the Marine Mammal Protection 

6 Act of 1972 (16 U.S.C. 1361 et seq.) is to maintain 


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1 marine mammal species and population stocks at 

2 their optimum sustainable populations. 

3 (2) If the annual removals of individuals of a 

4 species or population stock of marine mammals do 

5 not exceed the potential biological removal level, the 

6 species or population stock will be maintained at, or 

7 reach, its optimum sustainable population. 

8 (3) Requiring that commercial fishermen 

9 achieve a zero mortality rate goal for a species or 

10 population stock of marine mammals that is equal to 

11 or less than 10 percent of the potential biological re12 moval of a given marine mammal species or popu13 lation stock is unnecessary to achieve that Act’s goal 

14 of maintaining species and stocks at their optimum 

15 sustainable population and penalizes commercial 

16 fishermen. 

17 (4) The Congress intended that the zero mor18 tality rate goal under that Act would be met if fish19 ermen use the best technology that is economically 

20 and technologically feasible. 

21 (5) Species and populations stocks of marine 

22 mammal that have reached historic levels are imped23 ing the recovery of endangered species and threat24 ened species through predation or competition in the 

25 ecosystem. 


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1 (6) The fundamental principles of ecosystem 

2 management are defeated by giving one species a 

3 preeminent position in the ecosystem through impo4 sition of a zero mortality rate goal. 

5 (7) All persons that interact with marine mam6 mals should seek to reduce and eliminate marine 

7 mammal injuries and mortalities through the use of 

8 the best equipment and techniques that are economi9 cally and technologically feasible. 

10 SEC. 2. MODIFICATION OF GOALS FOR REDUCING INCI11 DENTAL TAKE OF MARINE MAMMALS IN COM12 MERCIAL FISHING. 

13 (a) REPEAL OF ZERO MORTALITY GOAL.—Section 

14 118 of the Marine Mammal Protection Act of 1972 (16 

15 U.S.C. 1387) is amended by striking subsection (b), and 

16 by redesignating subsections (c) through (l) in order as 

17 subsections (b) through (k). 

18 (b) CONFORMING AMENDMENTS.—Such Act is fur19 ther amended as follows: 

20 (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) 

21 by striking the third sentence. 

22 (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 

23 1371(a)(5)(E)(i)(III)) by striking ‘‘subsection (d)’’ 

24 and inserting ‘‘subsection (c)’’. 


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1 (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) 

2 by striking ‘‘section 118(f)(1)’’ and inserting ‘‘sec3 tion 118(e)(1)’’. 

4 (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) 

5 in subparagraph (D) by striking ‘‘, and an analysis’’ 

6 and all that follows through the end of the subpara7 graph and inserting a semicolon. 

8 (5) In section 118 (16 U.S.C. 1387) by striking 

9 ‘‘subsection (c)(1)(A) (i)’’ each place it appears and 

10 inserting ‘‘subsection (b)(1)(A)(i)’’. 

11 (6) In section 118 (16 U.S.C. 1387) by striking 

12 ‘‘subsection (c)(1)(A)(i)’’ each place it appears and 

13 inserting ‘‘subsection (b)(1)(A)(i)’’. 

14 (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) 

15 by striking the last sentence. 

16 (8) In section 118(b), as redesignated by sub17 section (a) of this section (16 U.S.C. 

18 1387(c)(1)(B)), by striking ‘‘subsection (e)’’ each 

19 place it appears and inserting ‘‘subsection (d)’’. 

20 (9) In section 118(c)(1)(B), as redesignated by 

21 subsection (a) of this section (16 U.S.C. 

22 1387(d)(1)(B)), by striking ‘‘subsection (e)’’ and in23 serting ‘‘subsection (d)’’. 

24 (10) In section 118(e)(9)(D), as redesignated 

25 by subsection (a) of this section (16 U.S.C. 


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1 1387(f)(9)(D)), by striking ‘‘subsection (d)’’ and in2 serting ‘‘subsection (c)’’. 

3 (11) In section 118(f)(1), as redesignated by 

4 subsection (a) of this section (16 U.S.C. 

5 1387(g)(1)), by striking ‘‘subsection (c)(1)(A)(iii)’’ 

6 each place it appears and inserting ‘‘subsection 

7 (b)(1)(A)(iii)’’. 

8 (12) In section 118(g), as redesignated by sub9 section (a) of this section (16 U.S.C. 1387(h)), by 

10 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

11 (b)’’. 

12 (13) In section 120(j)(2) (16 U.S.C. 

13 1389(j)(2)) by striking ‘‘118(f)(5)(A)’’ and inserting 

14 ‘‘118(e)(5)(A)’’. 

15 (c) MODIFICATION OF GOAL OF TAKE REDUCTION

16 PLANS.—Section 118(e)(2) of such Act, as redesignated 

17 by subsection (a) of this section (16 U.S.C. 1387(f)(2)), 

18 is amended by striking the last sentence and inserting the 

19 following: ‘‘The long-term goal of the plan shall be to re20 duce, within 5 years after its implementation, the inci21 dental mortality or serious injury of marine mammals inci22 dentally taken in the course of fishing operations taking 

23 into account the economics of the fishery, the availability 


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1 of existing technology, and existing State or regional fish2 ery management plans.’’. 

Æ 


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