Union Calendar No. 242

103D CONGRESS

2D SESSION H. R. 2760

[Report No. 103–439]

A BILL

To authorize the Marine Mammal Protection Act

ations, and for other purposes.mals in the course of commercial fishing operto govern the incidental taking of marine mamfor a period of 6 years, to establish a new regime

MARCH 21, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 242

103D CONGRESS

2D SESSION H. R. 2760

[Report No. 103–439]

To authorize the Marine Mammal Protection Act for a period of 6 years,

to establish a new regime to govern the incidental taking of marine

mammals in the course of commercial fishing operations, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 1993

Mr. STUDDS (for himself, Mr. YOUNG of Alaska, Mr. FIELDS of Texas, Mr.

MANTON, and Mr. SAXTON) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

MARCH 21, 1994

Additional sponsor: Mr. TORKILDSEN

MARCH 21, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 27, 1993]

A BILL

To authorize the Marine Mammal Protection Act for a period

of 6 years, to establish a new regime to govern the

incidental taking of marine mammals in the course of

commercial fishing operations, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Marine Mammal Protec5 tion Act Amendments of 1994’’.

6 SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION

7 ACT OF 1972.

8 Except as otherwise expressly provided, whenever in

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

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

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

12 other provision of the Marine Mammal Protection Act of

13 1972 (16 U.S.C. 1361 et seq.).

14 SEC. 3. FINDINGS AND DECLARATION OF POLICY.

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

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

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

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

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

20 before ‘‘is therefore necessary’’.

21 SEC. 4. MORATORIUM AND EXCEPTIONS.

22 (a) Section 101(a) (16 U.S.C. 1371(a)) is amended—

23 (1) by amending paragraph (1) to read as

24 follows:
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1 ‘‘(1) Consistent with the provisions of section

2 104, permits may be issued by the Secretary for tak3 ing, and importation for purposes of scientific re4 search, public display, photography for educational or

5 commercial purposes, or enhancing the survival or re6 covery of a species or stock, or for importation of

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

8 sport hunts in Canada. Such permits, except permits

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

10 taking or importation proposed to be made is first re11 viewed by the Marine Mammal Commission and the

12 Committee of Scientific Advisors on Marine Mammals

13 established under title II. The Commission and Com14 mittee shall recommend any proposed taking or im15 portation, other than importation under section

16 104(c)(5), which is consistent with the purposes and

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

18 such a permit for importation, the Secretary shall

19 issue to the importer concerned a certificate to that ef20 fect in such form as the Secretary of the Treasury

21 prescribes, and such importation may be made upon

22 presentation of the certificate to the customs officer

23 concerned.’’;

24 (2) in paragraph (2) in the first sentence by

25 striking ‘‘and permits may’’ and all that follows
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1 through ‘‘section 103.’’ and inserting ‘‘and authoriza2 tions may be granted therefor under section 118 sub3 ject to regulations prescribed by the Secretary.’’;

4 (3) in paragraph (3)(B)—

5 (A) by inserting ‘‘, photography for edu6 cational or commercial purposes,’’ after ‘‘pur7 poses’’; and

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

9 paragraph (5) of this subsection,’’ after ‘‘sub10 section,’’;

11 (4) by amending paragraph (4) to read as

12 follows:

13 ‘‘(4)(A) Except as provided in subparagraph (C),

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

15 of measures—

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

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

18 a marine mammal from damaging the gear or

19 catch;

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

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

22 to deter a marine mammal from damaging pri23 vate property;

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

25 mammal from endangering personal safety; or
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1 ‘‘(iv) by a government employee, to deter a

2 marine mammal from damaging public prop3 erty,

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

5 or serious injury of a marine mammal.

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

7 with appropriate experts, and after notice and oppor8 tunity for public comment, publish in the Federal

9 Register a list of guidelines for use in safely deterring

10 marine mammals. In the case of marine mammals

11 listed as endangered species or threatened species

12 under the Endangered Species Act of 1973, the Sec13 retary shall recommend specific measures which may

14 be used to nonlethally deter marine mammals. Ac15 tions to deter marine mammals consistent with such

16 guidelines shall not be a violation of this Act.

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

18 scientific information available, that certain forms of

19 deterrence have a significant adverse effect on marine

20 mammals, the Secretary may prohibit such deterrent

21 methods, after notice and opportunity for public com22 ment, through regulation under this Act.

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

24 pursuant to subparagraph (A) applies to all marine
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1 mammals, including all stocks designated as depleted

2 under this Act.’’.

3 (5) in paragraph (5)(A) by inserting ‘‘, other

4 than by harassment,’’ after ‘‘taking’’ the first place it

5 appears;

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

7 following new subparagraphs:

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

9 United States who engage in a specified activity

10 (other than commercial fishing) within a specific geo11 graphic region, the Secretary shall authorize, for peri12 ods of not more than 1 year, subject to such condi13 tions as the Secretary may specify, the incidental, but

14 not intentional, taking by harassment of small num15 bers of marine mammals of a species or population

16 stock by such citizens while engaging in that activity

17 within that region if the Secretary finds that such

18 harassment during each period concerned—

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

20 species or stock, and

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

22 impact on the availability of such species or

23 stock for taking for subsistence uses pursuant to

24 subsection (b), or section 109(f) or 119.
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1 ‘‘(ii) The authorization for such activity shall

2 prescribe, where applicable—

3 ‘‘(I) permissible methods of taking pursuant

4 to such activity, and other means of effecting the

5 least practicable impact on such species or stock

6 and its habitat, paying particular attention to

7 rookeries, mating grounds, and areas of similar

8 significance, and on the availability of such spe9 cies or stock for subsistence uses pursuant to sub10 section (b) or section 109(f) or 119,

11 ‘‘(II) the measures that the Secretary deter12 mines are necessary to ensure no unmitigable

13 adverse impact on the availability of the species

14 or stock for subsistence uses pursuant to sub15 section (b) or section 109(f) or 119, and

16 ‘‘(III) requirements pertaining to the mon17 itoring and reporting of such taking, including

18 requirements for the independent peer review of

19 proposed monitoring plans or other research pro20 posals where the proposed activity may affect the

21 availability of a species or stock for taking for

22 subsistence uses pursuant to subsection (b) or

23 section 109(f) or 119.

24 ‘‘(iii) The Secretary shall publish a proposed au25 thorization not later than 45 days after receiving an
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1 application under this subparagraph and request

2 public comment through notice in the Federal Reg3 ister, newspapers of general circulation, and appro4 priate electronic media and to all locally affected

5 communities for a period of 30 days after publica6 tion. Not later than 45 days after the close of the pub7 lic comment period, if the Secretary makes the find8 ings set forth in clause (i), the Secretary shall issue

9 an authorization with appropriate conditions to meet

10 the requirements of clause (ii).

11 ‘‘(iv) The Secretary may annually renew an au12 thorization issued under this subparagraph after pro13 viding for 30 days of public comment and consulting

14 with the parties affected by the authorization, if the

15 Secretary finds that the requirements of clause (i)

16 continue to be met.

17 ‘‘(v) The Secretary shall establish additional con18 ditions or restrictions on an authorization renewed

19 under clause (iv) if the Secretary finds, based on pub20 lic comment, that such conditions or restrictions are

21 necessary to meet the provisions of clause (ii).

22 ‘‘(vi) The Secretary shall modify, suspend, or re23 voke an authorization if the Secretary finds that the

24 provisions of clauses (i) or (ii) are not being met.
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1 ‘‘(vii) A person conducting an activity for which

2 an authorization has been granted under this sub3 paragraph shall not be subject to the penalties of this

4 Act for taking by harassment that occurs in compli5 ance with such authorization.

6 ‘‘(E) The Secretary may issue a permit under

7 this paragraph for periods of up to 3 years for the in8 cidental, but not the intentional, taking by persons

9 using vessels of the United States and vessels which

10 have valid fishing permits issued by the Secretary in

11 accordance with section 204(b) of the Magnuson Fish12 ery Conservation and Management Act (16 U.S.C.

13 1824(b)), while engaging in commercial fishing oper14 ations, of small numbers of marine mammals from a

15 species or population stock that is listed as an endan16 gered species or threatened species under the Endan17 gered Species Act of 1973. Such permit may be issued

18 only if the Secretary determines, after notice and op19 portunity for public comment, that—

20 ‘‘(i) such taking will have a negligible im21 pact on the species or stock;

22 ‘‘(ii) a program is in place which will allow

23 reliable estimation and monitoring of the level of

24 incidental take; and
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1 ‘‘(iii) a recovery plan has been developed or

2 is in the process of being developed for the species

3 or stock pursuant to the Endangered Species Act

4 of 1973. A permit may be issued under this sub5 paragraph to an organization representing more

6 than 1 individual or fishing vessel.

7 ‘‘(F) If the Secretary determines that the issu8 ance of a permit under this paragraph for a species

9 or stock has resulted or is likely to result in levels of

10 incidental takes which will have an impact that is

11 more than negligible on the species or stock, the Sec12 retary shall modify, suspend, or revoke the permit. In

13 making a determination under this subparagraph, the

14 Secretary shall consider the level of incidental takes

15 by each permit holder in a fishery and whether a per16 mit holder has failed to comply with the terms and

17 conditions of the permit. The Secretary shall notify

18 the permit holder before modifying, suspending, or re19 voking a permit.

20 ‘‘(G) The Secretary shall prescribe such proce21 dures as are necessary to carry out this paragraph,

22 including the form and manner in which application

23 for permits may be made.

24 ‘‘(H) This paragraph shall not govern the inci25 dental taking of California sea otters and shall not be
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1 deemed to amend or repeal the Act of November 7,

2 1986 (Public Law 99–625; 100 Stat. 3500).’’.

3 (7) by adding at the end the following new para4 graph:

5 ‘‘(6)(A) A marine mammal product may be im6 ported into the United States if the product—

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

8 any citizen of the United States in conjunction

9 with travel outside the United States, provided

10 that the product is imported into the United

11 States by the same person upon the termination

12 of travel and is registered at the time of export

13 and import;

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

15 States as part of a cultural exchange by an In16 dian, Aleut, or Eskimo residing in Alaska, and

17 is registered at the time of import; or

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

19 Russia, Canada, or Greenland and is imported

20 in conjunction with travel within the United

21 States or as part of a cultural exchange with an

22 Indian, Aleut, or Eskimo residing in Alaska.

23 ‘‘(B) For the purposes of this paragraph, the

24 term—
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1 ‘‘(i) ‘Native inhabitant of Russia, Canada,

2 or Greenland’ means a person residing in Rus3 sia, Canada, or Greenland who is related by

4 blood to, is a member of the same clan or ethno5 logical grouping as, or shares a common heritage

6 with, an Indian, Aleut, or Eskimo residing in

7 Alaska; and

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

9 or exchange of ideas, information, gifts, clothing,

10 or handicrafts between an Indian, Aleut, or Es11 kimo residing in Alaska and a Native inhabitant

12 of Russia, Canada, or Greenland, including for

13 the purpose of rendering of raw marine mammal

14 parts into clothing or handicrafts through carv15 ing, painting, sewing, or decorating but does not

16 include an exchange for commercial purposes.

17 ‘‘(C) Raw marine mammal parts imported

18 under subparagraph (A)(ii) or (iii) shall be marked

19 or tagged under the requirements of section 109(i).’’.

20 (b) Section 101(c) is amended to read as follows:

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

22 marine mammal if such taking is imminently necessary in

23 self-defense or to save the life of a person in immediate dan24 ger, and such taking is reported to the Secretary within

25 48 hours.’’.
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1 SEC. 5. DEPLETION DETERMINATION.

2 Section 101(b) (16 U.S.C. 1371) is amended by adding

3 the following at the end: ‘‘Before making a determination

4 under this subsection that a species or stock of marine mam5 mal is depleted, the Secretary shall identify and make

6 available to the public the reasons for making a determina7 tion and provide opportunity, at the request of any inter8 ested party, for a hearing on the record with respect to the

9 determination.’’.

10 SEC. 6. PERMITS.

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

12 1372(a)) is amended—

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

14 purpose in any way connected with the taking or im15 portation of’’ and inserting ‘‘to take or import’’; and

16 (2) in paragraph (4) by—

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

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

19 or export’’;

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

21 ‘‘product—’’; and

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

23 paragraph the following:

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

25 or
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1 ‘‘(B) for any purpose other than public dis2 play, scientific research, or enhancing the sur3 vival of a species or stock as provided for under

4 subsection 104(c); and’’.

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

6 amended—

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

8 incidental taking of marine mammals in the course

9 of commercial fishing operations’’ before the period at

10 the end;

11 (2) in subsection (c)—

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

13 by striking ‘‘and after’’;

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

15 follows:

16 ‘‘(2)(A) A permit may be issued to take or im17 port a marine mammal for the purpose of public dis18 play only to a person which the Secretary deter19 mines—

20 ‘‘(i) offers a program for education or con21 servation purposes that is based on profes22 sionally recognized standards of the public dis23 play community;

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

25 under 7 U.S.C. 2131; and
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1 ‘‘(iii) maintains facilities for the public dis2 play of marine mammals that are open to the

3 public on a regularly scheduled basis and that

4 access to such facilities is not limited or re5 stricted other than by charging of an admission

6 fee.

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

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

9 obtaining any additional permit or authorization

10 under this Act, to—

11 ‘‘(i) take, import, purchase, offer to pur12 chase, possess, or transport the marine mammal

13 that is the subject of the permit; and

14 ‘‘(ii) sell, export, or otherwise transfer pos15 session of the marine mammal, or offer to sell,

16 export, or otherwise transfer possession of the

17 marine mammal—

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

19 to a person that meets the requirements of

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

21 (A);

22 ‘‘(II) for the purpose of scientific re23 search, to a person that meets the require24 ments of paragraph (3); or
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1 ‘‘(III) for the purpose of enhancing the

2 survival or recovery of a species or stock, to

3 a person that meets the requirements of

4 paragraph (4).

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

6 sold or exported or to which possession of a marine

7 mammal is otherwise transferred under the authority

8 of subparagraph (B) shall have the rights and respon9 sibilities described in subparagraph (B) with respect

10 to the marine mammal without obtaining any addi11 tional permit or authorization under this Act. Such

12 responsibilities shall be limited to—

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

14 responsibility to meet the requirements of clauses

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

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

17 the responsibility to meet the requirements of

18 paragraph (3), and

19 ‘‘(iii) for the purpose of enhancing the sur20 vival or recovery of a species or stock, the respon21 sibility to meet the requirements of paragraph

22 (4).

23 ‘‘(D) If the Secretary—

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

25 of Agriculture, that a person that holds a permit
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1 under this paragraph for a marine mammal, or

2 a person exercising rights under subparagraph

3 (C), no longer meets the requirements of subpara4 graph (A)(ii) and is not reasonably likely to

5 meet those requirements in the near future, or

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

7 under this paragraph for a marine mammal, or

8 a person exercising rights under subparagraph

9 (C), no longer meets the requirements of subpara10 graph (A)(i) or (iii) and is not reasonably likely

11 to meet those requirements in the near future,

12 the Secretary may revoke the permit in accordance

13 with section 104(e), seize the marine mammal, or co14 operate with other persons authorized to hold marine

15 mammals under this Act for disposition of the marine

16 mammal. The Secretary may recover from the person

17 expenses incurred by the Secretary for that seizure.

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

19 permit issued under subparagraph (A), or by a per20 son exercising rights under subparagraph (C), may be

21 sold, purchased, exported, or transported unless the

22 Secretary is notified of such action no later than 15

23 days before such action, and such action is for pur24 poses of public display, scientific research, or enhanc25 ing the survival or recovery of a species or stock. The
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1 Secretary may only require the notification to include

2 the information required for the inventory established

3 under paragraph (10).’’;

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

5 follows:

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

7 this paragraph for scientific research purposes that

8 may result in a taking of a marine mammal to an

9 applicant which submits with its permit application

10 information indicating that the taking is required to

11 further a bona fide scientific purpose. The Secretary

12 may issue a permit under this paragraph before the

13 end of the public review and comment period required

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

15 permit could result in harm to a species, population,

16 or individual, or in loss of unique research opportuni17 ties.

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

19 research shall authorize the lethal taking of a marine

20 mammal unless the applicant demonstrates that a

21 nonlethal method of conducting the research is not

22 feasible. The Secretary shall not issue a permit for re23 search which involves the lethal taking of a marine

24 mammal from a species or stock that is depleted, un25 less the Secretary determines that the results of such
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1 research will directly benefit that species or stock, or

2 that such research fulfills a critically important re3 search need.

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

5 enactment of the Marine Mammal Protection Act

6 Amendments of 1994, the Secretary shall issue a gen7 eral authorization and implementing regulations al8 lowing bona fide scientific research that may result

9 only in taking by Level B harassment of a marine

10 mammal. Such authorization shall apply to persons

11 which submit, by 60 days before commencement of

12 such research, a letter of intent via certified mail to

13 the Secretary containing the following:

14 ‘‘(i) The species or stocks of marine mam15 mals which may be harassed.

16 ‘‘(ii) Geographic location of the research.

17 ‘‘(iii) The period of time over which the re18 search will be conducted.

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

20 a description of how the definition of bona fide

21 research as established under this Act would

22 apply.

23 ‘‘(v) Methods to be used to conduct the re24 search.
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1 Not later than 30 days after receipt of a letter of in2 tent to conduct scientific research under the general

3 authorization, the Secretary may notify the applicant

4 that the proposed research is likely to result in the

5 taking, including Level A harassment, of a marine

6 mammal, and that subparagraph (A) applies. If no

7 such notification is received, the proposed research

8 shall be covered under the general authorization.’’;

9 and

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

11 paragraphs:

12 ‘‘(5)(A) The Secretary may issue a permit for

13 the importation of polar bear parts (other than inter14 nal organs) taken in sport hunts in Canada, includ15 ing polar bears taken prior to the date of enactment

16 of the Marine Mammal Protection Act Amendments of

17 1994, to an applicant which submits with its permit

18 application proof that the polar bear was legally har19 vested in Canada. Such a permit shall be issued if the

20 Secretary, in consultation with the Marine Mammal

21 Commission and after notice and opportunity for

22 public comment, finds that—

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

24 sport hunting program consistent with the pur-
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1 poses of the Agreement on the Conservation of

2 Polar Bears;

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

4 based on scientifically sound quotas ensuring

5 sustainable populations;

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

7 consistent with the provisions of the Convention

8 on International Trade in Endangered Species

9 of Wild Fauna and Flora and other inter10 national agreements and conventions; and

11 ‘‘(iv) the export and subsequent import are

12 not likely to contribute to illegal trade in bear

13 parts.

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

15 reasonable fee for permits issued under this para16 graph. All fees collected under this paragraph shall be

17 available to the Secretary for use in developing and

18 implementing cooperative research and management

19 programs for the conservation of polar bears in Alas20 ka and Russia pursuant to section 113(d).

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

22 educational or commercial purposes involving marine

23 mammals in the wild only to an applicant which

24 submits with its permit application information indi25 cating that the taking will be limited to Level B har-
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1 assment, and the manner in which the products of

2 such activities will be made available to the public.

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

4 under paragraph (2), (3), or (4) for a marine mam5 mal which is in the possession of any person author6 ized to possess it under this Act and which is deter7 mined under guidance under section 402(a) not to be

8 releasable to the wild, the Secretary shall issue the

9 permit to the person requesting the permit if that per10 son—

11 ‘‘(A) meets the requirements of clauses (i),

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

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

14 ‘‘(B) meets the requirements of paragraph

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

16 that paragraph; or

17 ‘‘(C) meets the requirements of paragraph

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

19 that paragraph.

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

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

22 export, or offer to sell or purchase the progeny of ma23 rine mammals taken or imported under this sub24 section, if such possession, sale, purchase, transport,

25 export, or offer to sell or purchase is—
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1 ‘‘(i) for the purpose of public display, and

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

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

4 paragraph (2)(A);

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

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

7 the requirements of paragraph (3), or

8 ‘‘(iii) for the purpose of enhancing the sur9 vival or recovery of a species or stock, and by or

10 to, respectively, a person which meets the re11 quirements of paragraph (4).

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

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

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

15 mammal that gives birth to progeny shall—

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

17 progeny within 30 days after the date of birth;

18 and

19 ‘‘(II) notify the Secretary of the sale, pur20 chase, or transport of such progeny no later than

21 15 days before such action.

22 ‘‘(ii) The Secretary may only require notifica23 tion under clause (i) to include the information re24 quired for the inventory established under paragraph

25 (10).
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1 ‘‘(C) Any progeny of a marine mammal born in

2 captivity before the date of the enactment of the Ma3 rine Mammal Protection Act Amendments of 1994

4 and held in captivity for the purpose of public dis5 play shall be treated as though born after that date

6 of enactment.

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

8 the purpose of public display, scientific research, or

9 enhancing the survival or recovery of a species or

10 stock unless the receiving facility meets standards that

11 are comparable to the requirements that a person

12 must meet to receive a permit under this subsection

13 for that purpose.

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

15 an inventory of all marine mammals possessed pursu16 ant to permits issued under paragraph (2)(A), by

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

18 all progeny of such marine mammals. The inventory

19 shall contain, for each marine mammal, only the fol20 lowing information which shall be provided by a per21 son holding a marine mammal under this Act:

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

23 other identification.

24 ‘‘(B) The sex of the marine mammal.
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1 ‘‘(C) The estimated or actual birth date of

2 the marine mammal.

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

4 of the marine mammal by the permit holder.

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

6 mammal was acquired including the location of

7 the take from the wild, if applicable.

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

9 the name of the recipient.

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

11 as the result of a stranding.

12 ‘‘(H) The date of death of the marine mam13 mal and the cause of death when determined.’’;

14 and

15 (3) in subsection (e)(1) by—

16 (A) striking ‘‘or’’ at the end of subpara17 graph (A);

18 (B) striking the period at the end of sub19 paragraph (B) and inserting ‘‘, or’’; and

20 (C) adding at the end the following new

21 subparagraph:

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

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

24 the Secretary, in consultation with the appropriate

25 authority in Canada, determines that the sustain-
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1 ability of Canada’s polar bear populations are being

2 adversely affected or that sport hunting may be hav3 ing a detrimental effect on maintaining polar bear

4 populations throughout their range.’’.

5 (c) EXISTING PERMITS.—Any permit issued under sec6 tion 104(c)(2) of the Marine Mammal Protection Act of

7 1972 (16 U.S.C. 1374(c)(2)) before the date of the enactment

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

9 section as amended by this Act.

10 SEC. 7. PURPOSE AND USE OF THE FUND.

11 Section 405 (16 U.S.C. 1421d) as amended by this Act

12 is further amended—

13 (1)(A) in subsection (b)(1)(A) by striking ‘‘and’’

14 at the end of clause (i); and

15 (B) by inserting a new clause (iii) as follows:

16 ‘‘(iii) for care and maintenance of a marine

17 mammal seized under section 104(c)(2)(C);

18 and’’; and

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

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

21 SEC. 8. APPLICATION TO OTHER TREATIES AND CONVEN22 TIONS.

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

24 (1) designating the existing paragraph as sub25 section (a); and
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1 (2) adding at the end the following new sub2 sections:

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

4 of the Marine Mammal Protection Act Amendments of

5 1994, the Secretary of the Interior shall, in consultation

6 with the contracting parties, initiate a review of the effec7 tiveness of the Agreement on the Conservation of Polar

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

9 establish a process by which future reviews shall be con10 ducted.

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

12 the Secretary of State and the Marine Mammal Commis13 sion, shall review the effectiveness of United States imple14 mentation of the Agreement on the Conservation of Polar

15 Bears, particularly with respect to the habitat protection

16 mandates contained in Article II. The Secretary shall re17 port the results of this review to the Committee on Merchant

18 Marine and Fisheries of the House of Representatives and

19 the Committee on Commerce, Science, and Transportation

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

21 ‘‘(d) Not later than 6 months after the date of enact22 ment of the Marine Mammal Protection Act Amendments

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

24 Secretary of State and in consultation with the Marine

25 Mammal Commission and the State of Alaska, shall consult
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1 with the appropriate officials of the Russian Federation on

2 the development and implementation of enhanced coopera3 tive research and management programs for the conserva4 tion of polar bears in Alaska and Russia. The Secretary

5 shall report the results of this consultation and provide

6 periodic progress reports on the research and management

7 programs to the Committee on Merchant Marine and Fish8 eries of the House of Representatives and the Committee on

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

10 SEC. 9. TAKING OF MARINE MAMMALS INCIDENTAL TO COM11 MERCIAL FISHING OPERATIONS; COOPERA12 TIVE AGREEMENTS IN ALASKA.

13 (a) IN GENERAL.—Title I (16 U.S.C. 1371 et seq.) is

14 amended by adding at the end the following new sections:

15 ‘‘SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO

16 COMMERCIAL FISHING OPERATIONS.

17 ‘‘(a) IN GENERAL.—

18 ‘‘(1) Effective on the date of enactment of the

19 Marine Mammal Protection Act Amendments of 1994

20 and except as provided in paragraphs (2), (3), and

21 (4), the provisions of this section shall govern the in22 cidental taking of marine mammals in the course of

23 commercial fishing operations by persons using ves24 sels of the United States and vessels which have valid

25 fishing permits issued by the Secretary in accordance
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1 with section 204(b) of the Magnuson Fishery Con2 servation and Management Act (16 U.S.C. 1824(b)).

3 It shall be the immediate goal that the incidental kill

4 or serious injury of marine mammals permitted in

5 the course of commercial fishing operations be reduced

6 to insignificant levels approaching a zero mortality

7 and serious injury rate within 5 years after the date

8 of enactment of the Marine Mammal Protection Act

9 Amendments of 1994.

10 ‘‘(2) Section 101 and not this section shall gov11 ern the incidental taking of a marine mammal listed

12 as an endangered species or threatened species under

13 the Endangered Species Act of 1973.

14 ‘‘(3) Section 104(h) and title III and not this

15 section shall govern the taking of marine mammals in

16 the course of commercial purse seine fishing for yel17 lowfin tuna in the eastern tropical Pacific Ocean.

18 ‘‘(4) This section shall not govern the incidental

19 taking of California sea otters and shall not be

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

21 1986 (Public Law 99–625; 100 Stat. 3500).

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

23 intentional lethal take of any marine mammal in the

24 course of commercial fishing operations is prohibited.

25 ‘‘(b) SCIENTIFIC CONSULTATION.—
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1 ‘‘(1) Not later than 60 days after the date of en2 actment of the Marine Mammal Protection Act

3 Amendments of 1994, the Secretary shall, in consulta4 tion with the Marine Mammal Commission, establish

5 independent scientific review groups representing

6 Alaska, the Pacific coast (including Hawaii), the Gulf

7 of Mexico, and the Atlantic coast consisting of indi8 viduals with expertise in marine mammal biology

9 and ecology, population dynamics and modeling, and

10 commercial fishing technology and practices, and rep11 resentatives of coastal States, for the purposes of re12 viewing proposed actions under this section. The

13 groups shall advise the Secretary on—

14 ‘‘(A) population estimates for those marine

15 mammal stocks taken incidental to commercial

16 fishing operations;

17 ‘‘(B) the population status and trends of

18 such stocks;

19 ‘‘(C) uncertainties and research needed re20 garding stock separation, abundance, or trends,

21 and factors affecting the distribution, size, or

22 productivity of the stock;

23 ‘‘(D) uncertainties and research needed re24 garding the species, number, ages, gender, and
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1 reproductive status of marine mammals taken

2 incidental to commercial fishing operations;

3 ‘‘(E) research needed to identify modifica4 tions in fishing gear and practices likely to re5 duce the mortality and serious injury of marine

6 mammals incidental to commercial fishing oper7 ations;

8 ‘‘(F) the potential impacts of habitat de9 struction, including marine pollution and natu10 ral environmental change, on specific marine

11 mammal species or stocks; and

12 ‘‘(G) any other issue which the Secretary or

13 the groups consider appropriate.

14 ‘‘(2) The scientific review groups established

15 under this subsection shall not be subject to the Fed16 eral Advisory Committee Act (5 App. U.S.C.).

17 ‘‘(3) Members of the scientific review groups shall

18 serve without compensation, but may be reimbursed

19 by the Secretary, upon request, for reasonable travel

20 costs and expenses incurred in performing their obli21 gations.

22 ‘‘(c) STOCK ASSESSMENTS AND DETERMINATIONS OF

23 STRATEGIC STOCKS.—

24 ‘‘(1) Not later than 60 days after the establish25 ment of the scientific review groups under subsection
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1 (b), the Secretary shall, in consultation with the sci2 entific review groups, prepare proposed stock assess3 ments of each marine mammal stock which occurs in

4 waters under the jurisdiction of the United States and

5 which is taken incidental to commercial fishing oper6 ations, and shall publish notice of its availability in

7 the Federal Register for public review and comment

8 for a period which shall not exceed 60 days. Each

9 proposed stock assessment shall include—

10 ‘‘(A) the area in which each stock is located

11 and, if migratory, the season of its location in

12 that area;

13 ‘‘(B) the best available estimates of mini14 mum population size, most likely population

15 size, stock separation, productivity, current pop16 ulation trend, and estimated optimum sustain17 able population range if available;

18 ‘‘(C) estimates of total lethal and serious in19 jury take from each stock by source and, for de20 pleted stocks, other factors that may cause the

21 further decline or impede the recovery of that

22 stock, including impacts on marine mammal

23 habitat and prey;
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1 ‘‘(D) a description of the commercial fish2 eries that may incur incidental lethal and seri3 ous injury takes from each stock, including—

4 ‘‘(i) the approximate number of vessels

5 actively participating in each fishery;

6 ‘‘(ii) the best available estimates of in7 cidental lethal and serious injury take from

8 the stock by each fishery on an annual

9 basis;

10 ‘‘(iii) seasonal or area differences in

11 levels of such take; and

12 ‘‘(iv) the rate at which such take oc13 curs, based on the appropriate standard

14 unit of fishing effort, with an analysis of

15 whether the rate at which the take occurs is

16 exceeding or has achieved insignificant lev17 els approaching a zero mortality and seri18 ous injury rate;

19 ‘‘(E) the status of each stock, specifying—

20 ‘‘(i) whether the stock has been deter21 mined to be within its optimum sustainable

22 population range, is depleted, is listed as a

23 threatened species or endangered species

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

2 stock; or

3 ‘‘(ii) that the status of the stock is un4 known;

5 ‘‘(F) the estimated potential biological re6 moval level for each stock and the factors used to

7 calculate it; and

8 ‘‘(G) the information or sources of informa9 tion upon which the assessment is based.

10 ‘‘(2) Not later than 90 days after the close of the

11 public comment period on a proposed stock assess12 ment, the Secretary shall publish a final stock assess13 ment and make it available to the public.

14 ‘‘(3) The Secretary shall review stock assessments

15 in accordance with this subsection—

16 ‘‘(A) at least annually for stocks which

17 are—

18 ‘‘(i) specified as strategic stocks in a

19 final stock assessment under this subsection;

20 ‘‘(ii) listed as a threatened species or

21 endangered species under the Endangered

22 Species Act of 1973 (16 U.S.C. 1531 et

23 seq.);

24 ‘‘(B) at least annually for stocks for which

25 significant new information is available; and
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1 ‘‘(C) at least once every 3 years for all other

2 stocks.

3 ‘‘(4) Nothing in this subsection shall prevent the

4 Secretary from publishing stock assessments for stra5 tegic stocks in an expedited fashion.

6 ‘‘(d) AUTHORIZATION TO TAKE MARINE MAMMALS.—

7 ‘‘(1) Not later than 30 days after the date of the

8 publication of the final stock assessments under sub9 section (c), or September 1, 1995, whichever is earlier,

10 the Secretary shall issue a general authorization and

11 implementing regulations allowing incidental, but not

12 intentional, taking of marine mammals in the course

13 of commercial fishing operations subject to the provi14 sions of this section. The implementing regulations

15 shall identify the fisheries in which vessels shall be

16 considered to be operating under the general author17 ization and shall establish additional permit require18 ments for fisheries that are not so identified under the

19 general authorization.

20 ‘‘(2) The Secretary shall, within 90 days after

21 the date of enactment of this section—

22 ‘‘(A) publish in the Federal Register for

23 public comment, for a period of not less than 90

24 days, any necessary changes to the Secretary’s

25 list of commercial fisheries published under sec-
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1 tion 114(b)(1) and which is in existence on

2 March 31, 1994 (along with an explanation of

3 such changes and a statement of the marine

4 mammals and the approximate number of vessels

5 or persons actively involved in each such fish6 ery), that have—

7 ‘‘(i) frequent incidental taking of ma8 rine mammals;

9 ‘‘(ii) occasional incidental taking of

10 marine mammals; or

11 ‘‘(iii) a remote likelihood of or no

12 known incidental taking of marine mam13 mals;

14 ‘‘(B) after the close of the period for such

15 public comment, publish in the Federal Register

16 a revised list of commercial fisheries and an up17 date of information required by subparagraph

18 (A), together with a summary of the provisions

19 of this section and information sufficient to ad20 vise vessel owners on how to obtain an author21 ization and otherwise comply with the require22 ments of this section; and

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

24 at such other times as the Secretary considers

25 appropriate, reexamine, based on information
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1 gathered under this Act and other relevant

2 sources and after notice and opportunity for

3 public comment, the classification of commercial

4 fisheries and other determinations required

5 under subparagraph (A) and publish in the Fed6 eral Register any necessary changes.

7 ‘‘(3)(A) An authorization shall be granted by the

8 Secretary in accordance with this section for a vessel

9 engaged in a commercial fishery listed under para10 graph (2)(A)(i) or (ii), upon receipt by the Secretary

11 of a completed registration form providing the name

12 of the vessel owner and operator, the name and de13 scription of the vessel, the fisheries in which it will

14 be engaged, the approximate time, duration, and loca15 tion of such fishery operations, and the general type

16 and nature of use of the fishing gear and techniques

17 used. Such information shall be in a readily usable

18 format that can be efficiently entered into and uti19 lized by an automated or computerized data process20 ing system. A decal or other physical evidence that

21 the authorization is current and valid shall be issued

22 by the Secretary at the time an authorization is

23 granted, and so long as the authorization remains

24 current and valid, shall be reissued annually there25 after.
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1 ‘‘(B) No authorization may be granted under

2 this section to the owner of a vessel unless such ves3 sel—

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

5 ‘‘(ii) has a valid fishing permit issued by

6 the Secretary in accordance with section 204(b)

7 of the Magnuson Fishery Conservation and Man8 agement Act (16 U.S.C. 1824(b)).

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

10 authorization granted under this section shall allow

11 the incidental taking of all species and stocks of ma12 rine mammals to which this Act applies.

13 ‘‘(4)(A) An owner of a vessel engaged in any

14 fishery listed under paragraph (2)(A)(i) or (ii) shall,

15 in order to engage in the lawful incidental taking of

16 marine mammals in a commercial fishery—

17 ‘‘(i) have registered as required under para18 graph (3) with the Secretary in order to obtain

19 for each such vessel owned and used in the fish20 ery an authorization for the purpose of inciden21 tally taking marine mammals in accordance

22 with this section, except that owners of vessels

23 holding valid certificates of exemption under sec24 tion 114 are deemed to have registered for pur-
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1 poses of this subsection for the period during

2 which such registration is valid;

3 ‘‘(ii) ensure that a decal or such other phys4 ical evidence of a current and valid authoriza5 tion as the Secretary may require is displayed

6 on or is in the possession of the master of each

7 such vessel;

8 ‘‘(iii) report as required by subsection (h);

9 and

10 ‘‘(iv) comply with a take reduction plan

11 and emergency regulations issued under this sec12 tion.

13 ‘‘(B) Any owner of a vessel receiving an author14 ization under this section for any fishery listed under

15 paragraph (2)(A)(i) or (ii) shall, as a condition of

16 that authorization, take on board an observer if re17 quested to do so by the Secretary.

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

19 listed under paragraph (2)(A)(i) or (ii) who—

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

21 authorization for such vessel under this section;

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

23 authorization for such vessel; or

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

25 physical evidence of such authorization issued by
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1 the Secretary is displayed on or is in possession

2 of the master of the vessel,

3 and the master of any such vessel engaged in such

4 fishery, shall be deemed to have violated this title, and

5 for violations of clauses (i) and (ii) shall be subject

6 to the penalties of this title, and for violations of

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

8 $100 for each offense.

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

10 maintains a current and valid authorization from the

11 Secretary under this section and meets the require12 ments set forth in this section, including compliance

13 with any regulations to implement a take reduction

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

15 the master and crew members of the vessel, shall not

16 be subject to the penalties set forth in this title for the

17 incidental taking of marine mammals while such ves18 sel is engaged in a fishery to which the authorization

19 applies.

20 ‘‘(E) Each owner of a vessel engaged in any fish21 ery not listed under paragraph (2)(A)(i) or (ii), and

22 the master and crew members of such a vessel, shall

23 not be subject to the penalties set forth in this title

24 for the incidental taking of marine mammals if such

25 owner reports to the Secretary, in the form and man-
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1 ner required under subsection (h), instances of inci2 dental mortality or injury of marine mammals in the

3 course of that fishery.

4 ‘‘(5) The Secretary shall suspend or revoke an

5 authorization granted under this section and shall not

6 issue a decal or other physical evidence of the author7 ization for any vessel until the owner of such vessel

8 complies with the reporting requirements under sub9 section (h) and such requirements to take on board an

10 observer under paragraph (4)(B) as are applicable to

11 such vessel. Previous failure to comply with the re12 quirements of section 114 shall not bar authorization

13 under this section for an owner who complies with the

14 requirements of this section. The Secretary may sus15 pend or revoke an authorization granted under this

16 subsection, and may not issue a decal or other phys17 ical evidence of the authorization for any vessel which

18 fails to comply with a take reduction plan or emer19 gency regulations issued under this section.

20 ‘‘(6)(A) The Secretary shall develop, in consulta21 tion with the appropriate States, affected Regional

22 Fishery Management Councils, and other interested

23 persons, the means by which the granting and admin24 istration of authorizations under this section shall be

25 integrated and coordinated, to the maximum extent
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1 practicable, with existing fishery licenses, registra2 tions, and related programs.

3 ‘‘(B) The Secretary shall utilize newspapers of

4 general circulation, fishery trade associations, elec5 tronic media, and other means of advising commer6 cial fishermen of the provisions of this section and the

7 means by which they can comply with its require8 ments.

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

10 for the granting of an authorization under this sec11 tion. The level of fees charged under this subpara12 graph shall not exceed the administrative costs in13 curred in granting an authorization. Fees collected

14 under this subparagraph shall be available to the

15 Under Secretary of Commerce for Oceans and Atmos16 phere for expenses incurred in the granting and ad17 ministration of authorizations under this section.

18 ‘‘(e) TAKE REDUCTION TEAMS.—

19 ‘‘(1) No later than 30 days after the publication

20 of a final stock assessment under subsection (c), the

21 Secretary shall establish take reduction teams for

22 those marine mammal species or stocks which are

23 specified as strategic stocks in final stock assessments

24 under subsection (c) and publish notice of that estab25 lishment in the Federal Register. The Secretary shall
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1 establish take reduction teams for stocks which are not

2 specified as strategic stocks in final stock assessments

3 under subsection (c), as the Secretary considers nec4 essary in accordance with subsection (f).

5 ‘‘(2) The Secretary may request a take reduction

6 team to consider and provide advice on measures nec7 essary to reduce incidental lethal takes from a marine

8 mammal stock whose range extends over more than 1

9 region, or on multiple marine mammal stocks within

10 a region.

11 ‘‘(3) Members of take reduction teams shall have

12 expertise regarding the conservation or biology of the

13 marine mammal species which the incidental take

14 plan will address, or the fishing practices involved in

15 the incidental lethal taking of such species. Members

16 shall include representatives of Federal agencies, each

17 coastal State which has fisheries which interact with

18 the species or stock, appropriate Regional Fishery

19 Management Councils, interstate fisheries commis20 sions, academic and scientific organizations, environ21 mental groups, all commercial and recreational fish22 eries groups and gear types which incidentally take

23 the species or stock, Alaska Native organizations or

24 Indian tribal organizations, and others as the Sec25 retary deems appropriate. Take reduction teams shall,
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1 to the maximum extent practicable, consist of an eq2 uitable balance among representatives of resource user

3 interests and nonuser interests.

4 ‘‘(4) Take reduction teams shall not be subject to

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

6 Meetings of take reduction teams shall be open to the

7 public, and prior notice of meetings shall be made

8 public in a timely fashion.

9 ‘‘(5) Members of take reduction teams shall serve

10 without compensation. Members of take reduction

11 teams who are not Federal or State government em12 ployees shall be reimbursed by the Secretary, upon re13 quest, for reasonable travel costs and expenses in14 curred in performing their obligations.

15 ‘‘(f) TAKE REDUCTION PLANS.—

16 ‘‘(1) The Secretary shall issue take reduction

17 plans for marine mammal stocks in accordance with

18 this subsection. The immediate goal of a take reduc19 tion plan shall be reduce, within 1 year of its imple20 mentation, the lethal take or serious injury of marine

21 mammals incidentally taken in the course of commer22 cial fishing operations to levels less than the potential

23 biological removal level established in this section. The

24 long-term goal of the plan shall be to reduce, within

25 5 years of its implementation, the lethal take or seri-
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1 ous injury of marine mammals incidentally taken in

2 the course of commercial fishing operations to insig3 nificant levels approaching a zero mortality and seri4 ous injury rate, taking into account the economics of

5 the fishery, the availability of existing technology,

6 and existing State or regional fishery management

7 plans.

8 ‘‘(2) 2 years after the issuance of the general au9 thorization under subsection (d), the Secretary shall

10 review the progress, by fishery, toward reducing inci11 dental lethal takes and serious injury of marine

12 mammals in the course of commercial fishing oper13 ations to insignificant levels approaching a zero mor14 tality and serious injury rate. The Secretary shall

15 submit to the Committee on Commerce, Science, and

16 Transportation of the Senate and the Committee on

17 Merchant Marine and Fisheries of the House of Rep18 resentatives a report setting forth the results of such

19 review within 1 year after commencement of the re20 view.

21 ‘‘(3) The Secretary shall give priority to the de22 velopment of take reduction plans for marine mam23 mal stocks or species—
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1 ‘‘(A) which are specified as strategic stocks

2 and which are incidentally taken in fisheries

3 listed under subsection (d)(2)(A)(i);

4 ‘‘(B) which are specified as strategic stocks

5 and which are incidentally taken in fisheries

6 listed under subsection (d)(2)(A)(ii); and

7 ‘‘(C) which are not specified as strategic

8 stocks but which the Secretary finds are ap9 proaching strategic stock status.

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

11 ‘‘(A) a review of the information in the

12 final stock assessment published under subsection

13 (c) and any new information;

14 ‘‘(B) an estimate of the total number and,

15 if possible, age and gender, of animals from the

16 stock that are being incidentally lethally taken

17 each year during the course of commercial fish18 ing operations, by fishery;

19 ‘‘(C) recommended regulatory or voluntary

20 measures for the reduction of incidental lethal

21 takes; and

22 ‘‘(D) recommended dates for achieving the

23 specific objectives of the plan.

24 ‘‘(5) Recommended take reduction plans devel25 oped by a take reduction team under this subsection
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1 for submission to the Secretary shall be developed by

2 consensus. In the event that a consensus cannot be

3 reached, the team shall advise the Secretary on the

4 range of possibilities considered by the team, and the

5 views of both the majority and the minority. The Sec6 retary shall then propose a take reduction plan con7 sistent with the provisions of this subsection.

8 ‘‘(6) In the case of those marine mammal species

9 or stocks which are specified as strategic stocks in

10 final stock assessments under subsection (c), the fol11 lowing provisions apply:

12 ‘‘(A) Not later than 6 months after the date

13 of establishment of a take reduction team for that

14 stock, the take reduction team shall recommend

15 a take reduction plan to the Secretary, consistent

16 with the other provisions of this subsection.

17 ‘‘(B) The Secretary shall consider the rec18 ommended take reduction plan and, not later

19 than 60 days after the submission of the rec20 ommended take reduction plan, the Secretary

21 shall publish in the Federal Register the rec22 ommended take reduction plan, any changes pro23 posed by the Secretary along with the reason for

24 the proposed changes, and proposed implement25 ing regulations, for public review and comment.
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1 ‘‘(C) If the take reduction team does not rec2 ommend a take reduction plan to the Secretary

3 within 6 months, the Secretary shall, not later

4 than 8 months after the establishment of the take

5 reduction team, publish in the Federal Register

6 a proposed take reduction plan and proposed im7 plementing regulations, for public review and

8 comment.

9 ‘‘(D) Not later than 60 days after the close

10 of the comment period required under this para11 graph, the Secretary shall issue a final take re12 duction plan and implementing regulations, con13 sistent with the other provisions of this sub14 section. If the Secretary rejects or significantly

15 modifies a plan recommended under subpara16 graph (B), the Secretary shall notify the take re17 duction team and specify in writing the reasons

18 for the rejection or modification.

19 ‘‘(E) The Secretary and the take reduction

20 team shall meet every 6 months to monitor the

21 implementation of the take reduction plan until

22 such time as the Secretary determines that meet23 ings are no longer necessary.

24 ‘‘(7) In the case of those marine mammal species

25 or stocks which are not specified as strategic stocks in
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1 final stock assessments under subsection (c), the fol2 lowing provisions apply:

3 ‘‘(A) Within 11 months after the establish4 ment of the take reduction team, the team shall

5 recommend a take reduction plan for that stock

6 to the Secretary, consistent with the other provi7 sions of this subsection.

8 ‘‘(B) The Secretary shall consider the rec9 ommended take reduction plan and, not later

10 than 60 days after the submission of the rec11 ommended take reduction plan, the Secretary

12 shall publish in the Federal Register the rec13 ommended take reduction plan, any changes pro14 posed by the Secretary along with the reason for

15 the proposed changes, and proposed implement16 ing regulations for public review and comment.

17 ‘‘(C) If the take reduction team does not rec18 ommend a take reduction plan to the Secretary

19 within 11 months, the Secretary shall, not later

20 than 13 months after the establishment of the

21 take reduction team, publish in the Federal Reg22 ister a proposed take reduction plan and imple23 menting regulations for public review and com24 ment.
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1 ‘‘(D) Not later than 60 days after the close

2 of the comment period required under this para3 graph, the Secretary shall issue a final take re4 duction plan and implementing regulations, con5 sistent with the other provisions of this sub6 section. If the Secretary rejects or significantly

7 modifies a plan recommended under subpara8 graph (B), the Secretary shall notify the take re9 duction team and specify in writing the reasons

10 for the rejection or modification.

11 ‘‘(E) The Secretary and the take reduction

12 team shall meet on an annual basis to monitor

13 the implementation of the take reduction plan

14 until such time as the Secretary determines that

15 meetings are no longer necessary.

16 ‘‘(8) If a take reduction plan does not achieve its

17 immediate goal of reducing incidental lethal takes in

18 the course of commercial fishing operations to levels

19 less than the potential biological removal level within

20 1 year, or its long-term goal of reducing incidental le21 thal takes in the course of commercial fishing oper22 ations to insignificant levels approaching a zero mor23 tality and serious injury rate within 5 years, the Sec24 retary shall, in consultation with the take reduction

25 team, amend the take reduction plan and implement-
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1 ing regulations as necessary to achieve the goal, con2 sistent with the procedures in this subsection for the

3 issuance of such plans and regulations.

4 ‘‘(9) In implementing a take reduction plan is5 sued pursuant to this subsection, the Secretary may

6 promulgate regulations which include measures

7 which—

8 ‘‘(A) establish fishery-specific limits on inci9 dental lethal takes;

10 ‘‘(B) restrict commercial fisheries by time

11 or area;

12 ‘‘(C) require the use of alternative gear tech13 niques or technology, and encourage the develop14 ment of such gear or technology;

15 ‘‘(D) educate commercial fishermen and oth16 ers on the importance and means of reducing in17 cidental lethal takes of marine mammals; and

18 ‘‘(E) in promulgating such regulations, the

19 Secretary shall conform such regulations, to the

20 maximum extent practicable, with State or re21 gional fishery management plans.

22 ‘‘(10) If the Secretary finds that a significant

23 level of incidental lethal taking of a marine mammal

24 stock is occurring within a fishery within the juris25 diction of a State, the Secretary and take reduction
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1 team shall consult with State fishery managers to de2 velop a take reduction plan for that fishery.

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

4 finds that the incidental lethal take and serious injury of

5 marine mammals from commercial fisheries is having, or

6 is likely to have, an immediate and significant adverse im7 pact on a stock or species, the Secretary shall take actions

8 as follows:

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

10 a take reduction plan is in effect, the Secretary

11 shall—

12 ‘‘(i) prescribe emergency regulations that,

13 consistent with such plan to the maximum extent

14 practicable, reduce incidental lethal take and se15 rious injury in that fishery; and

16 ‘‘(ii) approve and implement, on an expe17 dited basis, any amendments to such plan that

18 are recommended by the take reduction team to

19 address such adverse impact.

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

21 a take reduction plan is being developed, the Sec22 retary shall—

23 ‘‘(i) prescribe emergency regulations to re24 duce such incidental lethal take and serious in25 jury in that fishery; and
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1 ‘‘(ii) approve and implement, on an expe2 dited basis, such plan, which shall provide meth3 ods to address such adverse impact if still nec4 essary.

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

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

7 developed, or in the case of a commercial fishery list8 ed under subsection (d)(1)(A)(iii) which the Secretary

9 believes may be contributing to such adverse impact,

10 the Secretary shall—

11 ‘‘(i) prescribe emergency regulations to re12 duce such incidental lethal take and serious in13 jury in that fishery, to the extent necessary to

14 mitigate such adverse impact;

15 ‘‘(ii) immediately review the stock assess16 ment for such stock or species and the classifica17 tion of such commercial fishery under this sec18 tion to determine if a take reduction team should

19 be established; and

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

21 adverse impact, place observers on vessels in a

22 commercial fishery listed under subsection

23 (d)(2)(A)(iii), if the Secretary has reason to be24 lieve such vessels may be causing the incidental

25 lethal take and serious injury to marine mam-
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1 mals from such stock and the vessel owner agrees

2 to take an observer on board.

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

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

5 Mammal Commission, all appropriate Regional Fishery

6 Management Councils, State fishery managers, and the ap7 propriate take reduction team (if established).

8 ‘‘(3) Emergency regulations prescribed under this sub9 section—

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

11 together with an explanation thereof;

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

13 180 days or until the end of the applicable commer14 cial fishing season, whichever is earlier; and

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

16 earlier date by publication in the Federal Register of

17 a notice of termination, if the Secretary determines

18 that the reasons for emergency regulations no longer

19 exist.

20 ‘‘(h) REPORTING REQUIREMENT.—The owner or oper21 ator of a commercial fishing vessel subject to this Act shall

22 report all incidental mortality and serious injury of marine

23 mammals in the course of commercial fishing operations

24 to the Secretary by mail or other means acceptable to the

25 Secretary within 48 hours after the end of each fishing trip
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1 on a standard form to be developed by the Secretary under

2 this section. Such form shall be readily usable by an auto3 mated or computerized data processing system and shall re4 quire the vessel owner or operator to provide the following:

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

6 tribal registration numbers of the registered vessel.

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

8 or operator.

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

10 ‘‘(4) The species of each marine mammal inci11 dentally killed or seriously injured, and the date,

12 time, and approximate geographic location of such oc13 currence.

14 ‘‘(i) MONITORING OF INCIDENTAL TAKES.—

15 ‘‘(1) The Secretary shall establish a program to

16 monitor incidental lethal takes and serious injury of

17 marine mammals during the course of commercial

18 fishing operations. The purposes of the monitoring

19 program shall be to—

20 ‘‘(A) obtain statistically reliable estimates

21 of incidental lethal takes and serious injury;

22 ‘‘(B) determine the reliability of reports of

23 incidental lethal takes and serious injury under

24 subsection (h); and
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1 ‘‘(C) identify changes in fishing methods or

2 technology that may increase or decrease inci3 dental lethal takes.

4 ‘‘(2) Pursuant to paragraph (1), the Secretary

5 may place observers on board vessels as necessary,

6 subject to the provisions of this section. Observers

7 may, among other tasks—

8 ‘‘(A) record incidental mortality or by-catch

9 of other nontarget species;

10 ‘‘(B) record numbers of marine mammals

11 sighted; and

12 ‘‘(C) perform other scientific investigations.

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

14 among fisheries and vessels within a fishery, the Sec15 retary shall be guided by the following standards:

16 ‘‘(A) The requirement to obtain statistically

17 reliable information.

18 ‘‘(B) The requirement that assignment of

19 observers is fair and equitable among fisheries

20 and among vessels in a fishery.

21 ‘‘(C) The requirement that no individual

22 person or vessel, or group of persons or vessels,

23 be subject to excessive or overly burdensome ob24 server coverage.
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1 ‘‘(D) To the extent practicable, the need to

2 minimize costs and avoid duplication.

3 ‘‘(4) To the extent practicable, the Secretary

4 shall allocate observers among fisheries consistent

5 with the following priorities:

6 ‘‘(A) First, fisheries that incidentally le7 thally take or seriously injure marine mammals

8 from stocks that are depleted because of their list9 ing as an endangered species or threatened spe10 cies under the Endangered Species Act of 1973.

11 ‘‘(B) Second, fisheries that incidentally le12 thally take or seriously injure marine mammals

13 from stocks which are specified as strategic stocks

14 in final stock assessments under subsection (c).

15 ‘‘(C) Third, fisheries that incidentally le16 thally take or seriously injure marine mammals

17 from stocks for which the level of incidental le18 thal takes is unknown but is suspected to be

19 high.

20 ‘‘(D) Fourth, species not described in sub21 paragraph (A), (B), or (C).

22 ‘‘(5) The Secretary may establish an alternative

23 observer program to provide statistically reliable in24 formation on the species and number of marine mam25 mals incidentally taken in the course of commercial
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1 fishing operations. The alternative observer program

2 may include direct observation of fishing activities

3 from vessels, airplanes, or points on shore.

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

5 observer on a vessel in a fishery if the Secretary finds

6 that—

7 ‘‘(A) in a situation in which harvesting ves8 sels are delivering fish to a processing vessel and

9 the catch is not taken on board the harvesting

10 vessel, statistically reliable information can be

11 obtained from an observer on board the process12 ing vessel to which the fish are delivered;

13 ‘‘(B) the facilities on a vessel for quartering

14 of an observer, or for carrying out observer func15 tions, are so inadequate or unsafe that the health

16 or safety of the observer or the safe operation of

17 the vessel would be jeopardized; or

18 ‘‘(C) for reasons beyond the control of the

19 Secretary, an observer is not available.

20 ‘‘(7) Any proprietary information collected

21 under this subsection shall be confidential and shall

22 not be disclosed except—

23 ‘‘(A) to Federal employees whose duties re24 quire access to such information;
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1 ‘‘(B) to State or tribal employees pursuant

2 to an agreement with the Secretary that prevents

3 public disclosure of the identity or business of

4 any person;

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

6 ‘‘(D) in the case of scientific information

7 involving fisheries, to employees of Regional

8 Fishery Management Councils who are respon9 sible for fishery management plan development

10 and monitoring.

11 ‘‘(8) The Secretary shall prescribe such proce12 dures as may be necessary to preserve such confiden13 tiality, except that the Secretary shall release or make

14 public upon request any such information in aggre15 gate, summary, or other form which does not directly

16 or indirectly disclose the identity or business of any

17 person.

18 ‘‘(j) PENALTIES.—Any person who violates the provi19 sions of this section shall be subject to the provisions of sec20 tions 105, 106, and 107 as the Secretary considers appro21 priate.

22 ‘‘(k) ASSISTANCE.—The Secretary shall provide assist23 ance to Regional Fishery Management Councils, States,

24 interstate fishery commissions, and Indian tribal organiza25 tions in meeting the goal of reducing incidental lethal takes
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1 and serious injury to insignificant levels approaching a

2 zero mortality and serious injury rate.

3 ‘‘(l) CONTRIBUTIONS.—For purposes of carrying out

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

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

6 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Secretary of Com8 merce for carrying out this section $15,000,000 for each of

9 fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

10 ‘‘(n) SECTION 101(b).—Nothing in this section shall

11 affect section 101(b).

12 ‘‘(o) CONSULTATION WITH SECRETARY OF THE INTE13 RIOR.—The Secretary shall consult with the Secretary of

14 the Interior prior to taking actions or making determina15 tions under this section that affect or relate to species or

16 population stocks of marine mammals for which the Sec17 retary of the Interior is responsible under this title.

18 ‘‘(p) DEFINITIONS.—As used in this section—

19 ‘‘(1) the term ‘fishery’ has the same meaning as

20 it does in section 3 of the Magnuson Fishery Con21 servation and Management Act (16 U.S.C. 1802);

22 ‘‘(2) the term ‘Secretary’ means the Secretary of

23 Commerce; and

24 ‘‘(3) the term ‘vessel of the United States’ has the

25 same meaning as it does in section 3 of the Magnuson
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1 Fishery Conservation and Management Act (16

2 U.S.C. 1802).

3 ‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS

4 IN ALASKA.

5 ‘‘(a) IN GENERAL.—The Secretary may enter into co6 operative agreements with Alaska Native organizations to

7 conserve marine mammals and provide comanagement of

8 subsistence use by Alaska Natives.

9 ‘‘(b) GRANTS.—Agreements entered into under this sec10 tion may include grants to Alaska Native organizations for,

11 among other purposes—

12 ‘‘(1) collection and analysis of data on marine

13 mammal populations;

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

15 for subsistence use;

16 ‘‘(3) participating in marine mammal research

17 conducted by the Federal Government, States, aca18 demic institutions, and private organizations; and

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

20 structures with Federal and State agencies.

21 ‘‘(c) EFFECT OF JURISDICTION.—

22 ‘‘(1) Nothing in this section is intended or shall

23 be construed as authorizing any expansion or change

24 in the respective jurisdiction of Federal, State, or

25 tribal governments over fish and wildlife resources.
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1 ‘‘(2) Nothing in this section is intended or shall

2 be construed to alter in any respect the existing polit3 ical or legal status of Alaska Natives, or the govern4 mental or jurisdictional status of Alaska Native com5 munities or Alaska Native entities.

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

7 are authorized to be appropriated for carrying out this sec8 tion—

9 ‘‘(1) $1,500,000 to the Secretary of Commerce for

10 each of fiscal years 1994, 1995, 1996, 1997, 1998, and

11 1999; and

12 ‘‘(2) $1,000,000 to the Secretary of the Interior

13 for each of fiscal years 1994, 1995, 1996, 1997, 1998,

14 and 1999.’’.

15 (b) CLERICAL AMENDMENT.—The table of contents in

16 the first section, as amended by section 14(b), is amended

17 by adding at the end the following:

‘‘Sec. 118. Taking of marine mammals incidental to commercial fishing operations.

‘‘Sec. 119. Marine mammal cooperative agreements in Alaska.’’.

18 SEC. 10. PINNIPED TASK FORCE; MANAGEMENT OF CALI19 FORNIA SEA LIONS AND PACIFIC HARBOR

20 SEALS.

21 (a) TASK FORCE.—Section 104 (16 U.S.C. 1374) is

22 amended by adding at the end the following:

23 ‘‘(i)(1) No later than 90 days after the date of enact24 ment of the Marine Mammal Protection Act Amendments
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1 of 1994, the Secretary, in consultation with the Marine

2 Mammal Commission, shall establish a Pinniped-Fishery

3 Interaction Task Force (in this subsection referred to as the

4 ‘Task Force’) to advise the Secretary on management prac5 tices regarding seals and sea lions interacting in a dan6 gerous or damaging manner with fishery stocks.

7 ‘‘(2) The Task Force shall consist of individuals des8 ignated by the Secretary, including—

9 ‘‘(A) employees of the Department of Commerce,

10 ‘‘(B) scientists knowledgeable in pinniped biol11 ogy and ecology,

12 ‘‘(C) representatives of conservation organiza13 tions, and

14 ‘‘(D) representatives of affected sectors of the fish15 ing industry, Indian treaty tribes, States, and other

16 interests as the Secretary considers appropriate.

17 ‘‘(3) The Task Force shall advise the Secretary regard18 ing—

19 ‘‘(A) the level of impact of pinniped stocks on the

20 decline or recovery of threatened or endangered

21 salmonids and other declining fish stocks;

22 ‘‘(B) the level of impact of pinniped stocks on

23 other fishery resources;
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1 ‘‘(C) other factors affecting the decline or recov2 ery of threatened or endangered salmonids and other

3 declining fish stocks;

4 ‘‘(D) available alternatives to effectively mitigate

5 negative impacts, including alternative technologies,

6 relocation of animals, or nonlethal deterrence of ani7 mals, and the estimated cost of such alternatives;

8 ‘‘(E) for negative impacts for which no mitigat9 ing alternatives are known, research to identify such

10 alternatives; and

11 ‘‘(F) limited intentional lethal takes of

12 pinnipeds.

13 ‘‘(4) The Secretary shall establish within the Task

14 Force a special committee to advise the Secretary on man15 agement practices regarding seals interacting in a dan16 gerous or damaging manner with aquaculture resources in

17 the Gulf of Maine. No later than 2 years from the date of

18 enactment, the Secretary shall submit to the Committee on

19 Merchant Marine and Fisheries of the House of Representa20 tives and the Committee on Commerce, Science, and Trans21 portation of the Senate a report containing recommended

22 available alternatives to mitigate such interactions.

23 ‘‘(5)(A) Any State may petition the Secretary to au24 thorize the lethal removal of individually identifiable

25 pinnipeds which are having a significant negative impact
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1 on the decline or recovery of salmonid fishery stocks which

2 have been listed as threatened species or endangered species

3 under the Endangered Species Act of 1973 or which the Sec4 retary finds are approaching endangered species or threat5 ened species status (as those terms are defined in that Act).

6 Such authority shall be granted for periods of 1 to 3 years.

7 Additional authorizations shall be dependent upon the suc8 cess of the action. Within 30 days after receiving a petition,

9 the Secretary shall consult with the Task Force to determine

10 whether the petition has produced sufficient evidence to

11 warrant further investigation. If further investigation is

12 considered necessary, the Secretary shall publish a notice

13 in the Federal Register requesting public comment.

14 ‘‘(B) Not later than 60 days after the close of the public

15 comment period for a petition under subparagraph (A), the

16 Task Force shall recommend to the Secretary whether to au17 thorize the lethal removal that is the subject of the petition.

18 If authorization is recommended, the Task Force shall also

19 recommend—

20 ‘‘(i) a method of removal;

21 ‘‘(ii) criteria for evaluating the success of the ac22 tion; and

23 ‘‘(iii) a duration for the authority.
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1 ‘‘(C) If authorization is not recommended, the Task

2 Force shall also recommend nonlethal alternatives, if appro3 priate.

4 ‘‘(D) Not later than 30 days after the receipt of rec5 ommendations from the Task Force, the Secretary shall ei6 ther approve or deny the petition for lethal removal. If ap7 proved, implementation shall occur as soon as practicable.

8 Lethal removal shall be performed by State agencies or

9 qualified individuals under contract to such agencies, in

10 consultation with the Secretary.

11 ‘‘(6) The costs of lethal removal shall be borne in equal

12 amounts by the Secretary and the State or States having

13 fishery resources that have been affected.

14 ‘‘(7) Following lethal removal, carcasses or parts of

15 carcasses shall be made available for bona fide research or

16 educational purposes upon request.

17 ‘‘(8) The Secretary shall not approve under this sub18 section lethal removal for any pinniped from a species or

19 stock that is listed as a threatened species or endangered

20 species under the Endangered Species Act of 1973, otherwise

21 depleted, or specified as a strategic stock in a final stock

22 assessment under section 118(c).’’.

23 (b) MANAGEMENT OF CALIFORNIA SEA LIONS AND PA24 CIFIC HARBOR SEALS.—
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1 (1) COOPERATIVE AGREEMENT.—The Secretary

2 of Commerce shall enter into negotiations with the

3 States of Washington, Oregon, and California to es4 tablish a cooperative agreement for the management

5 of California sea lion and Pacific harbor seal popu6 lations in those States. The purposes of the coopera7 tive agreement shall be to—

8 (A) determine whether California sea lions

9 and Pacific harbor seals are having a significant

10 negative impact on the recovery of fishery stocks

11 in those States;

12 (B) determine the broader impacts of grow13 ing populations of California sea lions and Pa14 cific harbor seals on the coastal ecosystems of

15 Washington, Oregon, and California; and

16 (C) develop a plan to—

17 (i) reduce, to the extent practicable,

18 negative impacts referred to in subpara19 graph (A); and

20 (ii) mitigate impacts referred to in

21 subparagraph (B).

22 (2) DEVELOPMENT AND REVIEW OF DRAFT

23 PLAN.—No later than 12 months after the date of the

24 enactment of this Act, the Secretary of Commerce

25 shall develop a draft of a plan described in paragraph
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1 (1)(C) and submit it for review by the Marine Mam2 mal Commission, independent scientists with exper3 tise in marine mammal biology and management,

4 representatives of national environmental organiza5 tions, and other interested persons determined by the

6 Secretary.

7 (3) SUBMISSION OF PLAN TO CONGRESS.—No

8 later than 18 months after the date of the enactment

9 of this Act, the Secretary of Commerce shall submit

10 to the Committee on Merchant Marine and Fisheries

11 of the House of Representatives and the Committee on

12 Commerce, Science, and Transportation of the Sen13 ate—

14 (A) a plan described in paragraph (1)(C);

15 and

16 (B) a report containing—

17 (i) responses of the Secretary to com18 ments received from the review required by

19 paragraph (2); and

20 (ii) an explanation of any provisions

21 of the plan with which any of the States of

22 Washington, Oregon, and California do not

23 agree.

24 (4) CONSIDERATION OF OTHER FACTORS.—Any

25 plan under this subsection shall take into account, in
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1 addition to California sea lions and Pacific harbor

2 seals, other factors that are slowing or impeding the

3 recovery of fishery stocks or adversely affecting the

4 coastal ecosystems of Washington, Oregon, and Cali5 fornia.

6 (5) NO LEGAL EFFECT.—A plan under this sub7 section shall have no force or effect except as provided

8 by a law enacted after the date the plan is submitted

9 to the Congress under paragraph (3).

10 SEC. 11. MARINE ECOSYSTEM PROTECTION.

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

12 subsection (c) and inserting the following:

13 ‘‘(c)(1) No later than 1 year after the date of enactment

14 of the Marine Mammal Protection Act Amendments of

15 1994, the Secretary of Commerce shall convene a regional

16 workshop for the Gulf of Maine to assess human-caused fac17 tors affecting the health and stability of that marine eco18 system, of which marine mammals are a part. The work19 shop shall be conducted in consultation with the Marine

20 Mammal Commission, the adjacent coastal States, individ21 uals with expertise in marine mammal biology and ecology,

22 representatives from environmental organizations, the fish23 ing industry, and other appropriate persons. The goal of

24 the workshop shall be to identify such factors, and to rec25 ommend a program of research and management to restore
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1 or maintain that marine ecosystem and its key components

2 that—

3 ‘‘(A) protects and encourages marine mammals

4 to develop to the greatest extent feasible commensurate

5 with sound policies of resource management;

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

7 the maintenance of the health and stability of the ma8 rine ecosystems;

9 ‘‘(C) ensures the fullest possible range of manage10 ment options for future generations; and

11 ‘‘(D) permits nonwasteful, environmentally

12 sound development of renewable and nonrenewable re13 sources.

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

15 of Commerce shall submit to the Committee on Merchant

16 Marine and Fisheries of the House of Representatives and

17 the Committee on Commerce, Science, and Transportation

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

19 under this subsection, proposed regulatory or research ac20 tions, and recommended legislative action.

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

22 with the Secretary of the Interior, the Marine Mammal

23 Commission, the State of Alaska, and Alaska Native organi24 zations, shall, not later than 180 days after the date of en25 actment of the Marine Mammal Protection Act Amend-
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1 ments of 1994, undertake a scientific research program to

2 monitor the health and stability of the Bering Sea marine

3 ecosystem and to resolve uncertainties concerning the causes

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

5 other living resources of that marine ecosystem. The pro6 gram shall address the research recommendations developed

7 by previous workshops on Bering Sea living marine re8 sources, and shall include research on subsistence uses of

9 such resources and ways to provide for the continued oppor10 tunity for such uses.

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

12 program undertaken pursuant to subsection (d)(1) shall be

13 conducted in Alaska. The Secretary shall utilize, where ap14 propriate, traditional local knowledge and may contract

15 with a qualified Alaska Native organization to conduct such

16 research.

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

18 Interior, and the Commission shall address the status and

19 findings of the research program in their annual reports

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

21 Act.’’.

22 SEC. 12. TREATY RIGHTS.

23 Nothing in these amendments alters or is intended to

24 alter any treaties between the United States and Indian

25 tribes.
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1 SEC. 13. TRANSITION RULE.

2 Section 114(a)(1) of the Marine Mammal Protection

3 Act (16 U.S.C. 1383(a)(1)) is amended by striking ‘‘April

4 1, 1994,’’ and inserting ‘‘on the effective date of regulations

5 prescribed under section 118,’’.

6 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

7 (a) DEPARTMENT OF COMMERCE.—Title I is amended

8 by inserting after section 115 the following:

9 ‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) SECRETARY OF COMMERCE.—There are author11 ized to be appropriated to the Secretary of Commerce for

12 carrying out functions and responsibilities under title I and

13 title IV, other than under section 118, $6,636,000 for fiscal

14 year 1994, $7,502,000 for fiscal year 1995, $8,402,000 for

15 fiscal year 1996, $9,338,000 for fiscal year 1997,

16 $10,311,000 for fiscal year 1998, and $11,000,000 for fiscal

17 year 1999.

18 ‘‘(b) SECRETARY OF THE INTERIOR.—There are au19 thorized to be appropriated to the Secretary of the Interior

20 for carrying out functions and responsibilities under title

21 I, $8,000,000 for fiscal year 1994, $8,600,000 for fiscal year

22 1995, $9,000,000 for fiscal year 1996, $9,400,000 for fiscal

23 year 1997, $9,900,000 for fiscal year 1998, and $10,500,000

24 for fiscal year 1999.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents in

2 the first section is amended by inserting after the item relat3 ing to section 115 the following:

‘‘Sec. 116. Authorization of appropriations.’’.

4 SEC. 15. DEFINITIONS.

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

6 (1) in paragraph (13) by inserting ‘‘harm,’’ be7 fore ‘‘harass’’ each place it appears; and

8 (2) by adding at the end the following:

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

10 of approach, pursuit, torment, or annoyance which—

11 ‘‘(i) has the potential to harm a marine

12 mammal or marine mammal stock in the wild;

13 or

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

15 mammal or marine mammal stock in the wild

16 by causing disruption of behavioral patterns, in17 cluding, but not limited to, migration, respira18 tion, nursing, breeding, feeding, or sheltering.

19 ‘‘(B) The term ‘Level A harassment’ means har20 assment described in subparagraph (A)(i).

21 ‘‘(C) The term ‘Level B harassment’ means har22 assment described in subparagraph (A)(ii).

23 ‘‘(19) The term ‘harm’ means an act which is

24 likely to kill or injure a marine mammal, signifi25 cantly reduce its reproductive potential, or result in
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1 habitat modification or degradation that is likely to

2 significantly impair essential behavioral patterns.

3 ‘‘(20) The term ‘strategic stock’ means a marine

4 mammal population or stock—

5 ‘‘(A) for which the level of direct human6 caused mortality exceeds the potential biological

7 removal level; or

8 ‘‘(B) which, based on the best available sci9 entific information, is declining and is likely to

10 be listed as a threatened species under the En11 dangered Species Act of 1973 within the foresee12 able future.

13 ‘‘(21) The term ‘potential biological removal

14 level’ means the maximum number of animals, not

15 including natural mortalities, that may be removed

16 from a marine mammal population or stock without

17 affecting that population’s or stock’s ability to reach

18 or maintain its optimum sustainable population. The

19 potential biological removal level is the product of the

20 following factors:

21 ‘‘(A) The best available minimum popu22 lation estimate of the population or stock.

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

24 estimated net productivity rate of the population

25 or stock.
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1 ‘‘(C) A recovery factor of between 0.1 and

2 1.0.

3 ‘‘(22) The term ‘Regional Fishery Management

4 Council’ means a Regional Fishery Management

5 Council established under section 302 of the Magnu6 son Fishery Conservation and Management Act.

7 ‘‘(23) The term ‘bona fide research’ means sci8 entific research on marine mammals, the results of

9 which—

10 ‘‘(A) likely would be accepted for publica11 tion in a referred scientific journal;

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

13 knowledge of marine mammal biology or ecology;

14 or

15 ‘‘(C) are likely to identify, evaluate, or re16 solve conservation problems.

17 ‘‘(24) The term ‘Alaska Native organization’

18 means a group designated by law or formally char19 tered which represents or consists of Indians, Aleuts,

20 or Eskimos residing in Alaska.’’.

21 SEC. 16. SCRIMSHAW EXEMPTIONS.

22 Notwithstanding any other provision of law, any valid

23 certificate of exemption renewed by the Secretary (or

24 deemed to be renewed) under section 10(f)(8) of the Endan25 gered Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any
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1 person holding such a certificate with respect to the posses2 sion of pre-Act finished scrimshaw products or raw mate3 rial for such products shall remain valid for a period not

4 to exceed 5 years beginning on the date of enactment of this

5 Act.

6 SEC. 17. TECHNICAL AND CONFORMING AMENDMENTS.

7 The Act is amended—

8 (1) by redesignating, as title IV, the title III of

9 that Act that was added by section 3003 of the Ma10 rine Mammal Health and Stranding Response Act

11 (106 Stat. 5060);

12 (2) by redesignating the sections of that title in

13 order as sections 401, 402, 403, 404, 405, 406, 407,

14 408, and 409;

15 (3) in section 401(b)(3) (as redesignated by this

16 section) by striking ‘‘304’’ and inserting ‘‘404’’;

17 (4) in section 405(b)(1)(A)(i) (as redesignated by

18 this section) by striking ‘‘304(b)’’ and inserting

19 ‘‘404(b)’’;

20 (5) in section 406(a)(2)(A) (as redesignated by

21 this section) by striking ‘‘304(b)’’ and inserting

22 ‘‘404(b)’’;

23 (6) in section 406(a)(2)(B) (as redesignated by

24 this section) by striking ‘‘304(c)’’ and inserting

25 ‘‘404(c)’’;
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1 (7) in section 408(1) (as redesignated by this sec2 tion)—

3 (A) by striking ‘‘305’’ and inserting ‘‘405’’,

4 and

5 (B) by striking ‘‘307’’ and inserting ‘‘407’’;

6 (8) in section 408(2) (as redesignated by this sec7 tion) by striking ‘‘307’’ and inserting ‘‘407’’;

8 (9) in section 409(1) (as redesignated by this sec9 tion) by striking ‘‘305(a)’’ and inserting ‘‘405(a)’’;

10 (10) in section 409(5) (as redesignated by this

11 section) by striking ‘‘307(a)’’ and inserting ‘‘407(a)’’;

12 (11) in section 102(a) (16 U.S.C. 1372(a)) by

13 striking ‘‘title III’’ and inserting ‘‘title IV’’;

14 (12) in section 109(h)(1) (16 U.S.C. 1379(h)(1))

15 by striking ‘‘title III’’ and inserting ‘‘title IV’’;

16 (13) in section 112(c) (16 U.S.C. 1382(c)) by

17 striking ‘‘or title III’’ and inserting ‘‘or title IV’’; and

18 (14) in the table of contents in the first section,

19 by striking the items relating to the title that is redes20 ignated by paragraph (2) of this section and the sec21 tions that are redesignated by paragraph (3) of this

22 section and inserting the following:

‘‘TITLE IV—MARINE MAMMAL HEALTH AND STRANDING RESPONSE

‘‘Sec. 401. Establishment of program.

‘‘Sec. 402. Determination; data collection and dissemination.

‘‘Sec. 403. Stranding response agreements.

‘‘Sec. 404. Unusual mortality event response.

‘‘Sec. 405. Unusual mortality event activity funding.
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‘‘Sec. 406. Liability.

‘‘Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.

‘‘Sec. 408. Authorization of appropriations.

‘‘Sec. 409. Definitions.’’.

1 SEC. 18. AUTHORIZATION OF APPROPRIATIONS FOR MA2 RINE MAMMAL COMMISSION.

3 (a) AUTHORIZATION.—Title II (16 U.S.C. 1401 et

4 seq.) is amended by adding at the end the following:

5 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated to the Ma7 rine Mammal Commission for carrying out this title

8 $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year

9 1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal

10 year 1997, $1,700,000 for fiscal year 1998, and $1,750,000

11 for fiscal year 1999.’’.

12 (b) CLERICAL AMENDMENT.—The table of contents in

13 the first section is amended by inserting after the item relat14 ing to section 206 the following:

‘‘Sec. 207. Authorization of appropriations.’’.

15 SEC. 19. FURTHER TECHNICAL AND CONFORMING AMEND16 MENTS.

17 (a) AMENDMENTS RELATING TO DEFINITION OF SEC18 RETARY.—Section 3(12) of the Marine Mammal Protection

19 Act of 1972 (16 U.S.C. 1362(12)) is amended in subpara20 graph (B) by striking ‘‘title III’’ and inserting ‘‘title IV’’.

21 (b) AMENDMENTS RELATING TO DEFINITION OF POPU22 LATION STOCK AND STOCK.—Section 3(11) of the Marine
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1 Mammal Protection Act of 1972 (16 U.S.C. 1362(11)) is

2 amended to read as if section 3004(b) of the Marine Mam3 mal Health and Stranding Response Act were not enacted

4 (106 Stat. 5067).

5 (c) FURTHER CORRECTIONS TO DEFINITIONS.—Sec6 tion 3 (16 U.S.C. 1362) is amended—

7 (1) by striking paragraph (5);

8 (2) by redesignating paragraph (17) as para9 graph (5), and moving that paragraph so as to ap10 pear immediately following paragraph (4); and

11 (3) by redesignating the second paragraph (15)

12 (relating to the definition of the term ‘‘fishery’’) and

13 paragraph (16) in order as paragraphs (16) and

14 (17).

15 (d) EFFECTIVE DATE.—The amendments made by

16 subsections (a) and (b) shall be effective as if enacted as

17 part of section 3004 of the Marine Mammal Health and

18 Stranding Response Act (106 Stat. 5067).
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Amend the title so as to read: ‘‘A bill to authorize

the Marine Mammal Protection Act of 1972 for 6 fiscal

years, to establish a new regime to govern the incidental

taking of marine mammals in the course of commercial

fishing operations, and for other purposes.’’.

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