Calendar No. 394

103D CONGRESS

2D SESSION H. R. 2760

AN ACT

To authorize the Marine Mammal Protection Act of

ations, and for other purposes.mals in the course of commercial fishing operto govern the incidental taking of marine mam1972 for 6 fiscal years, to establish a new regime

MARCH 23 (legislative day, FEBRUARY 22), 1994

Placed on the calendar
II

Calendar No. 394

103D CONGRESS

2D SESSION H. R. 2760

IN THE SENATE OF UNITED STATES

MARCH 23 (legislative day, FEBRUARY 22), 1994

Received; read twice and placed on the calendar

AN ACT

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.

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 Pro5 tection Act Amendments of 1994’’.
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1 SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION

2 ACT OF 1972.

3 Except as otherwise expressly provided, whenever in

4 this Act an amendment or repeal is expressed in terms

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a

7 section or other provision of the Marine Mammal Protec8 tion Act of 1972 (16 U.S.C. 1361 et seq.).

9 SEC. 3. FINDINGS AND DECLARATION OF POLICY.

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

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

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

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

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

15 before ‘‘is therefore necessary’’.

16 SEC. 4. MORATORIUM AND EXCEPTIONS.

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

18 (1) by amending paragraph (1) to read as fol19 lows:

20 ‘‘(1) Consistent with the provisions of section

21 104, permits may be issued by the Secretary for tak22 ing, and importation for purposes of scientific re23 search, public display, photography for educational

24 or commercial purposes, or enhancing the survival or

25 recovery of a species or stock, or for importation of

26 polar bear parts (other than internal organs) taken
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1 in sport hunts in Canada. Such permits, except per2 mits issued under section 104(c)(5), may be issued

3 if the taking or importation proposed to be made is

4 first reviewed by the Marine Mammal Commission

5 and the Committee of Scientific Advisors on Marine

6 Mammals established under title II. The Commis7 sion and Committee shall recommend any proposed

8 taking or importation, other than importation under

9 section 104(c)(5), which is consistent with the pur10 poses and policies of section 2 of this Act. If the

11 Secretary issues such a permit for importation, the

12 Secretary shall issue to the importer concerned a

13 certificate to that effect in such form as the Sec14 retary of the Treasury prescribes, and such importa15 tion may be made upon presentation of the certifi16 cate to the customs officer concerned.’’;

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

18 striking ‘‘and permits may’’ and all that follows

19 through ‘‘section 103.’’ and inserting ‘‘and author20 izations may be granted therefor under section 118

21 subject to regulations prescribed by the Secretary.’’;

22 (3) in paragraph (3)(B)—

23 (A) by inserting ‘‘, photography for edu24 cational or commercial purposes,’’ after ‘‘pur25 poses’’; and
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1 (B) by inserting ‘‘or as provided for under

2 paragraph (5) of this subsection,’’ after ‘‘sub3 section,’’;

4 (4) by amending paragraph (4) to read as fol5 lows:

6 ‘‘(4)(A) Except as provided in subparagraph

7 (C), the provisions of this Act shall not apply to the

8 use of measures—

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

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

11 a marine mammal from damaging the gear or

12 catch;

13 ‘‘(ii) by the owner of other private prop14 erty, or an agent, bailee, or employee of such

15 owner, to deter a marine mammal from damag16 ing private property;

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

18 mammal from endangering personal safety; or

19 ‘‘(iv) by a government employee, to deter a

20 marine mammal from damaging public prop21 erty,

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

23 or serious injury of a marine mammal.

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

25 with appropriate experts, and after notice and op-
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1 portunity for public comment, publish in the Federal

2 Register a list of guidelines for use in safely deter3 ring marine mammals. In the case of marine mam4 mals listed as endangered species or threatened spe5 cies under the Endangered Species Act of 1973, the

6 Secretary shall recommend specific measures which

7 may be used to nonlethally deter marine mammals.

8 Actions to deter marine mammals consistent with

9 such guidelines shall not be a violation of this Act.

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

11 scientific information available, that certain forms of

12 deterrence have a significant adverse effect on ma13 rine mammals, the Secretary may prohibit such de14 terrent methods, after notice and opportunity for

15 public comment, through regulation under this Act.

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

17 pursuant to subparagraph (A) applies to all marine

18 mammals, including all stocks designated as de19 pleted under this Act.’’.

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

21 than by harassment,’’ after ‘‘taking’’ the first place

22 it appears;

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

24 following new subparagraphs:
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1 ‘‘(D)(i) Upon request therefor by citizens of the

2 United States who engage in a specified activity

3 (other than commercial fishing) within a specific ge4 ographic region, the Secretary shall authorize, for

5 periods of not more than 1 year, subject to such

6 conditions as the Secretary may specify, the inciden7 tal, but not intentional, taking by harassment of

8 small numbers of marine mammals of a species or

9 population stock by such citizens while engaging in

10 that activity within that region if the Secretary finds

11 that such harassment during each period con12 cerned—

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

14 species or stock, and

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

16 impact on the availability of such species or

17 stock for taking for subsistence uses pursuant

18 to subsection (b), or section 109(f) or 119.

19 ‘‘(ii) The authorization for such activity shall

20 prescribe, where applicable—

21 ‘‘(I) permissible methods of taking pursu22 ant to such activity, and other means of

23 effecting the least practicable impact on such

24 species or stock and its habitat, paying particu25 lar attention to rookeries, mating grounds, and
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1 areas of similar significance, and on the avail2 ability of such species or stock for subsistence

3 uses pursuant to subsection (b) or section

4 109(f) or 119,

5 ‘‘(II) the measures that the Secretary de6 termines are necessary to ensure no unmitigable

7 adverse impact on the availability of the species

8 or stock for subsistence uses pursuant to sub9 section (b) or section 109(f) or 119, and

10 ‘‘(III) requirements pertaining to the mon11 itoring and reporting of such taking, including

12 requirements for the independent peer review of

13 proposed monitoring plans or other research

14 proposals where the proposed activity may af15 fect the availability of a species or stock for

16 taking for subsistence uses pursuant to sub17 section (b) or section 109(f) or 119.

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

19 authorization not later than 45 days after receiving

20 an application under this subparagraph and request

21 public comment through notice in the Federal Reg22 ister, newspapers of general circulation, and appro23 priate electronic media and to all locally affected

24 communities for a period of 30 days after publica25 tion. Not later than 45 days after the close of the
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1 public comment period, if the Secretary makes the

2 findings set forth in clause (i), the Secretary shall

3 issue an authorization with appropriate conditions to

4 meet the requirements of clause (ii).

5 ‘‘(iv) The Secretary may annually renew an au6 thorization issued under this subparagraph after

7 providing for 30 days of public comment and con8 sulting with the parties affected by the authoriza9 tion, if the Secretary finds that the requirements of

10 clause (i) continue to be met.

11 ‘‘(v) The Secretary shall establish additional

12 conditions or restrictions on an authorization re13 newed under clause (iv) if the Secretary finds, based

14 on public comment, that such conditions or restric15 tions are necessary to meet the provisions of clause

16 (ii).

17 ‘‘(vi) The Secretary shall modify, suspend, or

18 revoke an authorization if the Secretary finds that

19 the provisions of clauses (i) or (ii) are not being met.

20 ‘‘(vii) A person conducting an activity for which

21 an authorization has been granted under this sub22 paragraph shall not be subject to the penalties of

23 this Act for taking by harassment that occurs in

24 compliance with such authorization.
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1 ‘‘(E) The Secretary may issue a permit under

2 this paragraph for periods of up to 3 years for the

3 incidental, but not the intentional, taking by persons

4 using vessels of the United States and vessels which

5 have valid fishing permits issued by the Secretary in

6 accordance with section 204(b) of the Magnuson

7 Fishery Conservation and Management Act (16

8 U.S.C. 1824(b)), while engaging in commercial fish9 ing operations, of small numbers of marine mam10 mals from a species or population stock that is listed

11 as an endangered species or threatened species

12 under the Endangered Species Act of 1973. Such

13 permit may be issued only if the Secretary deter14 mines, after notice and opportunity for public com15 ment, that—

16 ‘‘(i) such taking will have a negligible im17 pact on the species or stock;

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

19 reliable estimation and monitoring of the level

20 of incidental take; and

21 ‘‘(iii) a recovery plan has been developed or

22 is in the process of being developed for the spe23 cies or stock pursuant to the Endangered Spe24 cies Act of 1973. A permit may be issued under
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1 this subparagraph to an organization represent2 ing more than 1 individual or fishing vessel.

3 ‘‘(F) If the Secretary determines that the issu4 ance of a permit under this paragraph for a species

5 or stock has resulted or is likely to result in levels

6 of incidental takes which will have an impact that is

7 more than negligible on the species or stock, the

8 Secretary shall modify, suspend, or revoke the per9 mit. In making a determination under this subpara10 graph, the Secretary shall consider the level of inci11 dental takes by each permit holder in a fishery and

12 whether a permit holder has failed to comply with

13 the terms and conditions of the permit. The Sec14 retary shall notify the permit holder before modify15 ing, suspending, or revoking a permit.

16 ‘‘(G) The Secretary shall prescribe such proce17 dures as are necessary to carry out this paragraph,

18 including the form and manner in which application

19 for permits may be made.

20 ‘‘(H) This paragraph shall not govern the inci21 dental taking of California sea otters and shall not

22 be deemed to amend or repeal the Act of November

23 7, 1986 (Public Law 99–625; 100 Stat. 3500).’’.

24 (7) by adding at the end the following new

25 paragraph:
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1 ‘‘(6)(A) A marine mammal product may be im2 ported into the United States if the product—

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

4 any citizen of the United States in conjunction

5 with travel outside the United States, provided

6 that the product is imported into the United

7 States by the same person upon the termination

8 of travel and is registered at the time of export

9 and import;

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

11 States as part of a cultural exchange by an In12 dian, Aleut, or Eskimo residing in Alaska, and

13 is registered at the time of import; or

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

15 Russia, Canada, or Greenland and is imported

16 in conjunction with travel within the United

17 States or as part of a cultural exchange with an

18 Indian, Aleut, or Eskimo residing in Alaska.

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

20 term—

21 ‘‘(i) ‘Native inhabitant of Russia, Canada,

22 or Greenland’ means a person residing in Rus23 sia, Canada, or Greenland who is related by

24 blood to, is a member of the same clan or eth25 nological grouping as, or shares a common her-
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1 itage with, an Indian, Aleut, or Eskimo residing

2 in Alaska; and

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

4 or exchange of ideas, information, gifts, cloth5 ing, or handicrafts between an Indian, Aleut, or

6 Eskimo residing in Alaska and a Native inhab7 itant of Russia, Canada, or Greenland, includ8 ing for the purpose of rendering of raw marine

9 mammal parts into clothing or handicrafts

10 through carving, painting, sewing, or decorating

11 but does not include an exchange for commer12 cial purposes.

13 ‘‘(C) Raw marine mammal parts imported

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

15 or tagged under the requirements of section

16 109(i).’’.

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

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

19 a marine mammal if such taking is imminently necessary

20 in self-defense or to save the life of a person in immediate

21 danger, and such taking is reported to the Secretary with22 in 48 hours.’’.

23 SEC. 5. DEPLETION DETERMINATION.

24 Section 101(b) (16 U.S.C. 1371) is amended by add25 ing the following at the end: ‘‘Before making a determina-
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1 tion under this subsection that a species or stock of ma2 rine mammal is depleted, the Secretary shall identify and

3 make available to the public the reasons for making a de4 termination and provide opportunity, at the request of any

5 interested party, for a hearing on the record with respect

6 to the determination.’’.

7 SEC. 6. PERMITS.

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

9 1372(a)) is amended—

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

11 purpose in any way connected with the taking or im12 portation of’’ and inserting ‘‘to take or import’’; and

13 (2) in paragraph (4) by—

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

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

16 or export’’;

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

18 ‘‘product—’’; and

19 (C) inserting after and below the text of

20 the paragraph the following:

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

22 or

23 ‘‘(B) for any purpose other than public

24 display, scientific research, or enhancing the
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1 survival of a species or stock as provided for

2 under subsection 104(c); and’’.

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

4 amended—

5 (1) in subsection (a) by inserting ‘‘except for

6 the incidental taking of marine mammals in the

7 course of commercial fishing operations’’ before the

8 period at the end;

9 (2) in subsection (c)—

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

11 by striking ‘‘and after’’;

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

13 follows:

14 ‘‘(2)(A) A permit may be issued to take or im15 port a marine mammal for the purpose of public dis16 play only to a person which the Secretary deter17 mines—

18 ‘‘(i) offers a program for education or con19 servation purposes that is based on profes20 sionally recognized standards of the public dis21 play community;

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

23 under 7 U.S.C. 2131; and

24 ‘‘(iii) maintains facilities for the public dis25 play of marine mammals that are open to the
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1 public on a regularly scheduled basis and that

2 access to such facilities is not limited or re3 stricted other than by charging of an admission

4 fee.

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

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

7 obtaining any additional permit or authorization

8 under this Act, to—

9 ‘‘(i) take, import, purchase, offer to pur10 chase, possess, or transport the marine mam11 mal that is the subject of the permit; and

12 ‘‘(ii) sell, export, or otherwise transfer pos13 session of the marine mammal, or offer to sell,

14 export, or otherwise transfer possession of the

15 marine mammal—

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

17 to a person that meets the requirements of

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

19 (A);

20 ‘‘(II) for the purpose of scientific re21 search, to a person that meets the require22 ments of paragraph (3); or

23 ‘‘(III) for the purpose of enhancing

24 the survival or recovery of a species or
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1 stock, to a person that meets the require2 ments of paragraph (4).

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

4 sold or exported or to which possession of a marine

5 mammal is otherwise transferred under the author6 ity of subparagraph (B) shall have the rights and re7 sponsibilities described in subparagraph (B) with re8 spect to the marine mammal without obtaining any

9 additional permit or authorization under this Act.

10 Such responsibilities shall be limited to—

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

12 responsibility to meet the requirements of

13 clauses (i), (ii), and (iii) of subparagraph (A),

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

15 the responsibility to meet the requirements of

16 paragraph (3), and

17 ‘‘(iii) for the purpose of enhancing the sur18 vival or recovery of a species or stock, the re19 sponsibility to meet the requirements of para20 graph (4).

21 ‘‘(D) If the Secretary—

22 ‘‘(i) finds in concurrence with the Sec23 retary of Agriculture, that a person that holds

24 a permit under this paragraph for a marine

25 mammal, or a person exercising rights under
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1 subparagraph (C), no longer meets the require2 ments of subparagraph (A)(ii) and is not rea3 sonably likely to meet those requirements in the

4 near future, or

5 ‘‘(ii) finds that a person that holds a per6 mit under this paragraph for a marine mam7 mal, or a person exercising rights under sub8 paragraph (C), no longer meets the require9 ments of subparagraph (A)(i) or (iii) and is not

10 reasonably likely to meet those requirements in

11 the near future,

12 the Secretary may revoke the permit in accordance

13 with section 104(e), seize the marine mammal, or

14 cooperate with other persons authorized to hold ma15 rine mammals under this Act for disposition of the

16 marine mammal. The Secretary may recover from

17 the person expenses incurred by the Secretary for

18 that seizure.

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

20 permit issued under subparagraph (A), or by a per21 son exercising rights under subparagraph (C), may

22 be sold, purchased, exported, or transported unless

23 the Secretary is notified of such action no later than

24 15 days before such action, and such action is for

25 purposes of public display, scientific research, or en-
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1 hancing the survival or recovery of a species or

2 stock. The Secretary may only require the notifica3 tion to include the information required for the in4 ventory established under paragraph (10).’’;

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

6 follows:

7 ‘‘(3)(A) The Secretary may issue a permit

8 under this paragraph for scientific research purposes

9 that may result in a taking of a marine mammal to

10 an applicant which submits with its permit applica11 tion information indicating that the taking is re12 quired to further a bona fide scientific purpose. The

13 Secretary may issue a permit under this paragraph

14 before the end of the public review and comment pe15 riod required under subsection (d)(2) if delaying is16 suance of the permit could result in harm to a spe17 cies, population, or individual, or in loss of unique

18 research opportunities.

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

20 research shall authorize the lethal taking of a ma21 rine mammal unless the applicant demonstrates that

22 a nonlethal method of conducting the research is not

23 feasible. The Secretary shall not issue a permit for

24 research which involves the lethal taking of a marine

25 mammal from a species or stock that is depleted,
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1 unless the Secretary determines that the results of

2 such research will directly benefit that species or

3 stock, or that such research fulfills a critically im4 portant research need.

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

6 enactment of the Marine Mammal Protection Act

7 Amendments of 1994, the Secretary shall issue a

8 general authorization and implementing regulations

9 allowing bona fide scientific research that may result

10 only in taking by Level B harassment of a marine

11 mammal. Such authorization shall apply to persons

12 which submit, by 60 days before commencement of

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

14 the Secretary containing the following:

15 ‘‘(i) The species or stocks of marine mam16 mals which may be harassed.

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

18 ‘‘(iii) The period of time over which the re19 search will be conducted.

20 ‘‘(iv) The purpose of the research, includ21 ing a description of how the definition of bona

22 fide research as established under this Act

23 would apply.

24 ‘‘(v) Methods to be used to conduct the re25 search.
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1 Not later than 30 days after receipt of a letter of

2 intent to conduct scientific research under the gen3 eral authorization, the Secretary may notify the ap4 plicant that the proposed research is likely to result

5 in the taking, including Level A harassment, of a

6 marine mammal, and that subparagraph (A) applies.

7 If no such notification is received, the proposed re8 search shall be covered under the general authoriza9 tion.’’; 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 in14 ternal organs) taken in sport hunts in Canada, in15 cluding polar bears taken prior to the date of enact16 ment of the Marine Mammal Protection Act Amend17 ments of 1994, to an applicant which submits with

18 its permit application proof that the polar bear was

19 legally harvested in Canada. Such a permit shall be

20 issued if the Secretary, in consultation with the Ma21 rine Mammal Commission and after notice and op22 portunity for 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

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

17 be available to the Secretary for use in developing

18 and implementing cooperative research and manage19 ment programs for the conservation of polar bears in

20 Alaska and Russia pursuant to section 113(d).

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

22 for educational or commercial purposes involving

23 marine mammals in the wild only to an applicant

24 which submits with its permit application informa25 tion indicating that the taking will be limited to
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1 Level B harassment, and the manner in which the

2 products of such activities will be made available to

3 the public.

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

5 under paragraph (2), (3), or (4) for a marine mam6 mal which is in the possession of any person author7 ized to possess it under this Act and which is deter8 mined under guidance under section 402(a) not to

9 be releasable to the wild, the Secretary shall issue

10 the permit to the person requesting the permit if

11 that person—

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

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

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

15 ‘‘(B) meets the requirements of paragraph

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

17 that paragraph; or

18 ‘‘(C) meets the requirements of paragraph

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

20 that paragraph.

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

22 shall be required to possess, sell, purchase, trans23 port, export, or offer to sell or purchase the progeny

24 of marine mammals taken or imported under this
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1 subsection, if such possession, sale, purchase, trans2 port, export, or offer to sell or purchase is—

3 ‘‘(i) for the purpose of public display, and

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

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

6 paragraph (2)(A);

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

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

9 the requirements of paragraph (3), or

10 ‘‘(iii) for the purpose of enhancing the sur11 vival or recovery of a species or stock, and by

12 or to, respectively, a person which meets the re13 quirements of paragraph (4).

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

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

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

17 mammal that gives birth to progeny shall—

18 ‘‘(I) notify the Secretary of the birth of

19 such progeny within 30 days after the date of

20 birth; and

21 ‘‘(II) notify the Secretary of the sale, pur22 chase, or transport of such progeny no later

23 than 15 days before such action.

24 ‘‘(ii) The Secretary may only require notifica25 tion under clause (i) to include the information re-
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1 quired for the inventory established under paragraph

2 (10).

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

4 captivity before the date of the enactment of the Ma5 rine Mammal Protection Act Amendments of 1994

6 and held in captivity for the purpose of public dis7 play shall be treated as though born after that date

8 of enactment.

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

10 the purpose of public display, scientific research, or

11 enhancing the survival or recovery of a species or

12 stock unless the receiving facility meets standards

13 that are comparable to the requirements that a per14 son must meet to receive a permit under this sub15 section for that purpose.

16 ‘‘(10) The Secretary shall establish and main17 tain an inventory of all marine mammals possessed

18 pursuant to permits issued under paragraph (2)(A),

19 by persons exercising rights under paragraph (2)(C),

20 and all progeny of such marine mammals. The in21 ventory shall contain, for each marine mammal, only

22 the following information which shall be provided by

23 a person holding a marine mammal under this Act:

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

25 other identification.
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1 ‘‘(B) The sex of the marine mammal.

2 ‘‘(C) The estimated or actual birth date of

3 the marine mammal.

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

5 of the marine mammal by the permit holder.

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

7 mammal was acquired including the location of

8 the take from the wild, if applicable.

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

10 the name of the recipient.

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

12 as the result of a stranding.

13 ‘‘(H) The date of death of the marine

14 mammal and the cause of death when deter15 mined.’’; and

16 (3) in subsection (e)(1) by—

17 (A) striking ‘‘or’’ at the end of subpara18 graph (A);

19 (B) striking the period at the end of sub20 paragraph (B) and inserting ‘‘, or’’; and

21 (C) adding at the end the following new

22 subparagraph:

23 ‘‘(C) if, in the case of a permit under sub24 section (c)(5) authorizing importation of polar bear

25 parts, the Secretary, in consultation with the appro-
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1 priate authority in Canada, determines that the sus2 tainability of Canada’s polar bear populations are

3 being adversely affected or that sport hunting may

4 be having a detrimental effect on maintaining polar

5 bear populations throughout their range.’’.

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

7 section 104(c)(2) of the Marine Mammal Protection Act

8 of 1972 (16 U.S.C. 1374(c)(2)) before the date of the en9 actment of this Act is hereby modified to be consistent

10 with that section as amended by this Act.

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

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

13 Act is further amended—

14 (1)(A) in subsection (b)(1)(A) by striking

15 ‘‘and’’ at the end of clause (i); and

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

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

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

19 and’’; and

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

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

22 SEC. 8. APPLICATION TO OTHER TREATIES AND CONVEN23 TIONS.

24 Section 113 (16 U.S.C. 1383) is amended by—
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1 (1) designating the existing paragraph as sub2 section (a); and

3 (2) adding at the end the following new sub4 sections:

5 ‘‘(b) Not later than 1 year after the date of enact6 ment of the Marine Mammal Protection Act Amendments

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

8 with the contracting parties, initiate a review of the effec9 tiveness of the Agreement on the Conservation of Polar

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

11 establish a process by which future reviews shall be con12 ducted.

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

14 with the Secretary of State and the Marine Mammal Com15 mission, shall review the effectiveness of United States im16 plementation of the Agreement on the Conservation of

17 Polar Bears, particularly with respect to the habitat pro18 tection mandates contained in Article II. The Secretary

19 shall report the results of this review to the Committee

20 on Merchant Marine and Fisheries of the House of Rep21 resentatives and the Committee on Commerce, Science,

22 and Transportation of the Senate not later than April 1,

23 1995.

24 ‘‘(d) Not later than 6 months after the date of enact25 ment of the Marine Mammal Protection Act Amendments
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•HR 2760 PCS

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

2 Secretary of State and in consultation with the Marine

3 Mammal Commission and the State of Alaska, shall con4 sult with the appropriate officials of the Russian Federa5 tion on the development and implementation of enhanced

6 cooperative research and management programs for the

7 conservation of polar bears in Alaska and Russia. The

8 Secretary shall report the results of this consultation and

9 provide periodic progress reports on the research and

10 management programs to the Committee on Merchant

11 Marine and Fisheries of the House of Representatives and

12 the Committee on Commerce, Science and Transportation

13 of the Senate.’’.

14 SEC. 9. TAKING OF MARINE MAMMALS INCIDENTAL TO

15 COMMERCIAL FISHING OPERATIONS; COOP16 ERATIVE AGREEMENTS IN ALASKA.

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

18 is amended by adding at the end the following new sec19 tions:

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

21 COMMERCIAL FISHING OPERATIONS.

22 ‘‘(a) IN GENERAL.—

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

24 Marine Mammal Protection Act Amendments of

25 1994 and except as provided in paragraphs (2), (3),
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•HR 2760 PCS

1 and (4), the provisions of this section shall govern

2 the incidental taking of marine mammals in the

3 course of commercial fishing operations by persons

4 using vessels of the United States and vessels which

5 have valid fishing permits issued by the Secretary in

6 accordance with section 204(b) of the Magnuson

7 Fishery Conservation and Management Act (16

8 U.S.C. 1824(b)). It shall be the immediate goal that

9 the incidental kill or serious injury of marine mam10 mals permitted in the course of commercial fishing

11 operations be reduced to insignificant levels ap12 proaching a zero mortality and serious injury rate

13 within 5 years after the date of enactment of the

14 Marine Mammal Protection Act Amendments of

15 1994.

16 ‘‘(2) Section 101 and not this section shall gov17 ern the incidental taking of a marine mammal listed

18 as an endangered species or threatened species

19 under the Endangered Species Act of 1973.

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

21 section shall govern the taking of marine mammals

22 in the course of commercial purse seine fishing for

23 yellowfin tuna in the eastern tropical Pacific Ocean.

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

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

4 intentional lethal take of any marine mammal in the

5 course of commercial fishing operations is prohib6 ited.

7 ‘‘(b) SCIENTIFIC CONSULTATION.—

8 ‘‘(1) Not later than 60 days after the date of

9 enactment of the Marine Mammal Protection Act

10 Amendments of 1994, the Secretary shall, in con11 sultation with the Marine Mammal Commission, es12 tablish independent scientific review groups rep13 resenting Alaska, the Pacific coast (including Ha14 waii), the Gulf of Mexico, and the Atlantic coast

15 consisting of individuals with expertise in marine

16 mammal biology and ecology, population dynamics

17 and modeling, and commercial fishing technology

18 and practices, and representatives of coastal States,

19 for the purposes of reviewing proposed actions under

20 this section. The groups shall advise the Secretary

21 on—

22 ‘‘(A) population estimates for those marine

23 mammal stocks taken incidental to commercial

24 fishing operations;
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•HR 2760 PCS

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

2 such stocks;

3 ‘‘(C) uncertainties and research needed re4 garding stock separation, abundance, or trends,

5 and factors affecting the distribution, size, or

6 productivity of the stock;

7 ‘‘(D) uncertainties and research needed re8 garding the species, number, ages, gender, and

9 reproductive status of marine mammals taken

10 incidental to commercial fishing operations;

11 ‘‘(E) research needed to identify modifica12 tions in fishing gear and practices likely to re13 duce the mortality and serious injury of marine

14 mammals incidental to commercial fishing oper15 ations;

16 ‘‘(F) the potential impacts of habitat de17 struction, including marine pollution and natu18 ral environmental change, on specific marine

19 mammal species or stocks; and

20 ‘‘(G) any other issue which the Secretary

21 or the groups consider appropriate.

22 ‘‘(2) The scientific review groups established

23 under this subsection shall not be subject to the

24 Federal Advisory Committee Act (5 App. U.S.C.).
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•HR 2760 PCS

1 ‘‘(3) Members of the scientific review groups

2 shall serve without compensation, but may be reim3 bursed by the Secretary, upon request, for reason4 able travel costs and expenses incurred in perform5 ing their obligations.

6 ‘‘(c) STOCK ASSESSMENTS AND DETERMINATIONS OF

7 STRATEGIC STOCKS.—

8 ‘‘(1) Not later than 60 days after the establish9 ment of the scientific review groups under subsection

10 (b), the Secretary shall, in consultation with the sci11 entific review groups, prepare proposed stock assess12 ments of each marine mammal stock which occurs in

13 waters under the jurisdiction of the United States

14 and which is taken incidental to commercial fishing

15 operations, and shall publish notice of its availability

16 in the Federal Register for public review and com17 ment for a period which shall not exceed 60 days.

18 Each proposed stock assessment shall include—

19 ‘‘(A) the area in which each stock is lo20 cated and, if migratory, the season of its loca21 tion in that area;

22 ‘‘(B) the best available estimates of mini23 mum population size, most likely population

24 size, stock separation, productivity, current pop-
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•HR 2760 PCS

1 ulation trend, and estimated optimum sustain2 able population range if available;

3 ‘‘(C) estimates of total lethal and serious

4 injury take from each stock by source and, for

5 depleted stocks, other factors that may cause

6 the further decline or impede the recovery of

7 that stock, including impacts on marine mam8 mal habitat and prey;

9 ‘‘(D) a description of the commercial fish10 eries that may incur incidental lethal and seri11 ous injury takes from each stock, including—

12 ‘‘(i) the approximate number of ves13 sels actively participating in each fishery;

14 ‘‘(ii) the best available estimates of in15 cidental lethal and serious injury take from

16 the stock by each fishery on an annual

17 basis;

18 ‘‘(iii) seasonal or area differences in

19 levels of such take; and

20 ‘‘(iv) the rate at which such take oc21 curs, based on the appropriate standard

22 unit of fishing effort, with an analysis of

23 whether the rate at which the take occurs

24 is exceeding or has achieved insignificant
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•HR 2760 PCS

1 levels approaching a zero mortality and se2 rious injury rate;

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

4 ‘‘(i) whether the stock has been deter5 mined to be within its optimum sustainable

6 population range, is depleted, is listed as a

7 threatened species or endangered species

8 under the Endangered Species Act of 1973

9 (16 U.S.C. 1531 et seq.), or is a strategic

10 stock; or

11 ‘‘(ii) that the status of the stock is

12 unknown;

13 ‘‘(F) the estimated potential biological re14 moval level for each stock and the factors used

15 to calculate it; and

16 ‘‘(G) the information or sources of infor17 mation upon which the assessment is based.

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

19 the public comment period on a proposed stock as20 sessment, the Secretary shall publish a final stock

21 assessment and make it available to the public.

22 ‘‘(3) The Secretary shall review stock assess23 ments in accordance with this subsection—

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

25 are—
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•HR 2760 PCS

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

2 final stock assessment under this sub3 section;

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

5 endangered species under the Endangered

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

7 seq.);

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

9 significant new information is available; and

10 ‘‘(C) at least once every 3 years for all

11 other stocks.

12 ‘‘(4) Nothing in this subsection shall prevent

13 the Secretary from publishing stock assessments for

14 strategic stocks in an expedited fashion.

15 ‘‘(d) AUTHORIZATION TO TAKE MARINE MAM16 MALS.—

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

18 the publication of the final stock assessments under

19 subsection (c), or September 1, 1995, whichever is

20 earlier, the Secretary shall issue a general authoriza21 tion and implementing regulations allowing inciden22 tal, but not intentional, taking of marine mammals

23 in the course of commercial fishing operations sub24 ject to the provisions of this section. The implement25 ing regulations shall identify the fisheries in which
36

•HR 2760 PCS

1 vessels shall be considered to be operating under the

2 general authorization and shall establish additional

3 permit requirements for fisheries that are not so

4 identified under the general authorization.

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

6 the date of enactment of this section—

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

8 public comment, for a period of not less than

9 90 days, any necessary changes to the Sec10 retary’s list of commercial fisheries published

11 under section 114(b)(1) and which is in exist12 ence on March 31, 1994 (along with an expla13 nation of such changes and a statement of the

14 marine mammals and the approximate number

15 of vessels or persons actively involved in each

16 such fishery), that have—

17 ‘‘(i) frequent incidental taking of ma18 rine mammals;

19 ‘‘(ii) occasional incidental taking of

20 marine mammals; or

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

22 known incidental taking of marine mam23 mals;

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

25 public comment, publish in the Federal Register
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•HR 2760 PCS

1 a revised list of commercial fisheries and an up2 date of information required by subparagraph

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

4 of this section and information sufficient to ad5 vise vessel owners on how to obtain an author6 ization and otherwise comply with the require7 ments of this section; and

8 ‘‘(C) at least once each year thereafter,

9 and at such other times as the Secretary con10 siders appropriate, reexamine, based on infor11 mation gathered under this Act and other rel12 evant sources and after notice and opportunity

13 for public comment, the classification of com14 mercial fisheries and other determinations re15 quired under subparagraph (A) and publish in

16 the Federal Register any necessary changes.

17 ‘‘(3)(A) An authorization shall be granted by

18 the Secretary in accordance with this section for a

19 vessel engaged in a commercial fishery listed under

20 paragraph (2)(A)(i) or (ii), upon receipt by the Sec21 retary of a completed registration form providing the

22 name of the vessel owner and operator, the name

23 and description of the vessel, the fisheries in which

24 it will be engaged, the approximate time, duration,

25 and location of such fishery operations, and the gen-
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•HR 2760 PCS

1 eral type and nature of use of the fishing gear and

2 techniques used. Such information shall be in a

3 readily usable format that can be efficiently entered

4 into and utilized by an automated or computerized

5 data processing system. A decal or other physical

6 evidence that the authorization is current and valid

7 shall be issued by the Secretary at the time an au8 thorization is granted, and so long as the authoriza9 tion remains current and valid, shall be reissued an10 nually thereafter.

11 ‘‘(B) No authorization may be granted under

12 this section to the owner of a vessel unless such ves13 sel—

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

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

16 the Secretary in accordance with section 204(b)

17 of the Magnuson Fishery Conservation and

18 Management Act (16 U.S.C. 1824(b)).

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

20 authorization granted under this section shall allow

21 the incidental taking of all species and stocks of ma22 rine mammals to which this Act applies.

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

24 fishery listed under paragraph (2)(A)(i) or (ii) shall,
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•HR 2760 PCS

1 in order to engage in the lawful incidental taking of

2 marine mammals in a commercial fishery—

3 ‘‘(i) have registered as required under

4 paragraph (3) with the Secretary in order to

5 obtain for each such vessel owned and used in

6 the fishery an authorization for the purpose of

7 incidentally taking marine mammals in accord8 ance with this section, except that owners of

9 vessels holding valid certificates of exemption

10 under section 114 are deemed to have reg11 istered for purposes of this subsection for the

12 period during which such registration is valid;

13 ‘‘(ii) ensure that a decal or such other

14 physical evidence of a current and valid author15 ization as the Secretary may require is dis16 played on or is in the possession of the master

17 of each such vessel;

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

19 and

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

21 and emergency regulations issued under this

22 section.

23 ‘‘(B) Any owner of a vessel receiving an author24 ization under this section for any fishery listed

25 under paragraph (2)(A)(i) or (ii) shall, as a condi-
40

•HR 2760 PCS

1 tion of that authorization, take on board an observer

2 if requested to do so by the Secretary.

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

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

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

6 authorization for such vessel under this section;

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

8 authorization for such vessel; or

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

10 physical evidence of such authorization issued

11 by the Secretary is displayed on or is in posses12 sion of the master of the vessel,

13 and the master of any such vessel engaged in such

14 fishery, shall be deemed to have violated this title,

15 and for violations of clauses (i) and (ii) shall be sub16 ject to the penalties of this title, and for violations

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

18 than $100 for each offense.

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

20 maintains a current and valid authorization from the

21 Secretary under this section and meets the require22 ments set forth in this section, including compliance

23 with any regulations to implement a take reduction

24 plan under this section, the owner of such vessel,

25 and the master and crew members of the vessel,
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•HR 2760 PCS

1 shall not be subject to the penalties set forth in this

2 title for the incidental taking of marine mammals

3 while such vessel is engaged in a fishery to which

4 the authorization applies.

5 ‘‘(E) Each owner of a vessel engaged in any

6 fishery not listed under paragraph (2)(A)(i) or (ii),

7 and the master and crew members of such a vessel,

8 shall not be subject to the penalties set forth in this

9 title for the incidental taking of marine mammals if

10 such owner reports to the Secretary, in the form and

11 manner required under subsection (h), instances of

12 incidental mortality or injury of marine mammals in

13 the course of that fishery.

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

15 authorization granted under this section and shall

16 not issue a decal or other physical evidence of the

17 authorization for any vessel until the owner of such

18 vessel complies with the reporting requirements

19 under subsection (h) and such requirements to take

20 on board an observer under paragraph (4)(B) as are

21 applicable to such vessel. Previous failure to comply

22 with the requirements of section 114 shall not bar

23 authorization under this section for an owner who

24 complies with the requirements of this section. The

25 Secretary may suspend or revoke an authorization
42

•HR 2760 PCS

1 granted under this subsection, and may not issue a

2 decal or other physical evidence of the authorization

3 for any vessel which fails to comply with a take re4 duction plan or emergency regulations issued under

5 this section.

6 ‘‘(6)(A) The Secretary shall develop, in con7 sultation with the appropriate States, affected Re8 gional Fishery Management Councils, and other

9 interested persons, the means by which the granting

10 and administration of authorizations under this sec11 tion shall be integrated and coordinated, to the max12 imum extent practicable, with existing fishery li13 censes, registrations, and related programs.

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

15 general circulation, fishery trade associations, elec16 tronic media, and other means of advising commer17 cial fishermen of the provisions of this section and

18 the means by which they can comply with its re19 quirements.

20 ‘‘(C) The Secretary is authorized to charge a

21 fee for the granting of an authorization under this

22 section. The level of fees charged under this sub23 paragraph shall not exceed the administrative costs

24 incurred in granting an authorization. Fees collected

25 under this subparagraph shall be available to the
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1 Under Secretary of Commerce for Oceans and At2 mosphere for expenses incurred in the granting and

3 administration of authorizations under this section.

4 ‘‘(e) TAKE REDUCTION TEAMS.—

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

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

7 Secretary shall establish take reduction teams for

8 those marine mammal species or stocks which are

9 specified as strategic stocks in final stock assess10 ments under subsection (c) and publish notice of

11 that establishment in the Federal Register. The Sec12 retary shall establish take reduction teams for stocks

13 which are not specified as strategic stocks in final

14 stock assessments under subsection (c), as the Sec15 retary considers necessary in accordance with sub16 section (f).

17 ‘‘(2) The Secretary may request a take reduc18 tion team to consider and provide advice on meas19 ures necessary to reduce incidental lethal takes from

20 a marine mammal stock whose range extends over

21 more than 1 region, or on multiple marine mammal

22 stocks within a region.

23 ‘‘(3) Members of take reduction teams shall

24 have expertise regarding the conservation or biology

25 of the marine mammal species which the incidental
44

•HR 2760 PCS

1 take plan will address, or the fishing practices in2 volved in the incidental lethal taking of such species.

3 Members shall include representatives of Federal

4 agencies, each coastal State which has fisheries

5 which interact with the species or stock, appropriate

6 Regional Fishery Management Councils, interstate

7 fisheries commissions, academic and scientific orga8 nizations, environmental groups, all commercial and

9 recreational fisheries groups and gear types which

10 incidentally take the species or stock, Alaska Native

11 organizations or Indian tribal organizations, and

12 others as the Secretary deems appropriate. Take re13 duction teams shall, to the maximum extent prac14 ticable, consist of an equitable balance among rep15 resentatives of resource user interests and nonuser

16 interests.

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

18 to the Federal Advisory Committee Act (5 App.

19 U.S.C.). Meetings of take reduction teams shall be

20 open to the public, and prior notice of meetings shall

21 be made public in a timely fashion.

22 ‘‘(5) Members of take reduction teams shall

23 serve without compensation. Members of take reduc24 tion teams who are not Federal or State government

25 employees shall be reimbursed by the Secretary,
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1 upon request, for reasonable travel costs and ex2 penses incurred in performing their obligations.

3 ‘‘(f) TAKE REDUCTION PLANS.—

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

5 plans for marine mammal stocks in accordance with

6 this subsection. The immediate goal of a take reduc7 tion plan shall be reduce, within 1 year of its imple8 mentation, the lethal take or serious injury of ma9 rine mammals incidentally taken in the course of

10 commercial fishing operations to levels less than the

11 potential biological removal level established in this

12 section. The long-term goal of the plan shall be to

13 reduce, within 5 years of its implementation, the le14 thal take or serious injury of marine mammals inci15 dentally taken in the course of commercial fishing

16 operations to insignificant levels approaching a zero

17 mortality and serious injury rate, taking into ac18 count the economics of the fishery, the availability of

19 existing technology, and existing State or regional

20 fishery management plans.

21 ‘‘(2) 2 years after the issuance of the general

22 authorization under subsection (d), the Secretary

23 shall review the progress, by fishery, toward reduc24 ing incidental lethal takes and serious injury of ma25 rine mammals in the course of commercial fishing
46

•HR 2760 PCS

1 operations to insignificant levels approaching a zero

2 mortality and serious injury rate. The Secretary

3 shall submit to the Committee on Commerce,

4 Science, and Transportation of the Senate and the

5 Committee on Merchant Marine and Fisheries of the

6 House of Representatives a report setting forth the

7 results of such review within 1 year after commence8 ment of the review.

9 ‘‘(3) The Secretary shall give priority to the de10 velopment of take reduction plans for marine mam11 mal stocks or species—

12 ‘‘(A) which are specified as strategic stocks

13 and which are incidentally taken in fisheries

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

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

16 and which are incidentally taken in fisheries

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

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

19 stocks but which the Secretary finds are ap20 proaching strategic stock status.

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

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

23 final stock assessment published under sub24 section (c) and any new information;
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1 ‘‘(B) an estimate of the total number and,

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

3 stock that are being incidentally lethally taken

4 each year during the course of commercial fish5 ing operations, by fishery;

6 ‘‘(C) recommended regulatory or voluntary

7 measures for the reduction of incidental lethal

8 takes; and

9 ‘‘(D) recommended dates for achieving the

10 specific objectives of the plan.

11 ‘‘(5) Recommended take reduction plans devel12 oped by a take reduction team under this subsection

13 for submission to the Secretary shall be developed by

14 consensus. In the event that a consensus cannot be

15 reached, the team shall advise the Secretary on the

16 range of possibilities considered by the team, and

17 the views of both the majority and the minority. The

18 Secretary shall then propose a take reduction plan

19 consistent with the provisions of this subsection.

20 ‘‘(6) In the case of those marine mammal spe21 cies or stocks which are specified as strategic stocks

22 in final stock assessments under subsection (c), the

23 following provisions apply:

24 ‘‘(A) Not later than 6 months after the

25 date of establishment of a take reduction team
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•HR 2760 PCS

1 for that stock, the take reduction team shall

2 recommend a take reduction plan to the Sec3 retary, consistent with the other provisions of

4 this subsection.

5 ‘‘(B) The Secretary shall consider the rec6 ommended take reduction plan and, not later

7 than 60 days after the submission of the rec8 ommended take reduction plan, the Secretary

9 shall publish in the Federal Register the rec10 ommended take reduction plan, any changes

11 proposed by the Secretary along with the reason

12 for the proposed changes, and proposed imple13 menting regulations, for public review and com14 ment.

15 ‘‘(C) If the take reduction team does not

16 recommend a take reduction plan to the Sec17 retary within 6 months, the Secretary shall, not

18 later than 8 months after the establishment of

19 the take reduction team, publish in the Federal

20 Register a proposed take reduction plan and

21 proposed implementing regulations, for public

22 review and comment.

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

24 of the comment period required under this

25 paragraph, the Secretary shall issue a final take
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•HR 2760 PCS

1 reduction plan and implementing regulations,

2 consistent with the other provisions of this sub3 section. If the Secretary rejects or significantly

4 modifies a plan recommended under subpara5 graph (B), the Secretary shall notify the take

6 reduction team and specify in writing the rea7 sons for the rejection or modification.

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

9 team shall meet every 6 months to monitor the

10 implementation of the take reduction plan until

11 such time as the Secretary determines that

12 meetings are no longer necessary.

13 ‘‘(7) In the case of those marine mammal spe14 cies or stocks which are not specified as strategic

15 stocks in final stock assessments under subsection

16 (c), the following provisions apply:

17 ‘‘(A) Within 11 months after the establish18 ment of the take reduction team, the team shall

19 recommend a take reduction plan for that stock

20 to the Secretary, consistent with the other pro21 visions of this subsection.

22 ‘‘(B) The Secretary shall consider the rec23 ommended take reduction plan and, not later

24 than 60 days after the submission of the rec25 ommended take reduction plan, the Secretary
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•HR 2760 PCS

1 shall publish in the Federal Register the rec2 ommended take reduction plan, any changes

3 proposed by the Secretary along with the reason

4 for the proposed changes, and proposed imple5 menting regulations for public review and com6 ment.

7 ‘‘(C) If the take reduction team does not

8 recommend a take reduction plan to the Sec9 retary within 11 months, the Secretary shall,

10 not later than 13 months after the establish11 ment of the take reduction team, publish in the

12 Federal Register a proposed take reduction

13 plan and implementing regulations for public

14 review and comment.

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

16 of the comment period required under this

17 paragraph, the Secretary shall issue a final take

18 reduction plan and implementing regulations,

19 consistent with the other provisions of this sub20 section. If the Secretary rejects or significantly

21 modifies a plan recommended under subpara22 graph (B), the Secretary shall notify the take

23 reduction team and specify in writing the rea24 sons for the rejection or modification.
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•HR 2760 PCS

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

2 team shall meet on an annual basis to monitor

3 the implementation of the take reduction plan

4 until such time as the Secretary determines

5 that meetings are no longer necessary.

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

7 its immediate goal of reducing incidental lethal takes

8 in the course of commercial fishing operations to lev9 els less than the potential biological removal level

10 within 1 year, or its long-term goal of reducing inci11 dental lethal takes in the course of commercial fish12 ing operations to insignificant levels approaching a

13 zero mortality and serious injury rate within 5

14 years, the Secretary shall, in consultation with the

15 take reduction team, amend the take reduction plan

16 and implementing regulations as necessary to

17 achieve the goal, consistent with the procedures in

18 this subsection for the issuance of such plans and

19 regulations.

20 ‘‘(9) In implementing a take reduction plan is21 sued pursuant to this subsection, the Secretary may

22 promulgate regulations which include measures

23 which—

24 ‘‘(A) establish fishery-specific limits on in25 cidental lethal takes;
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•HR 2760 PCS

1 ‘‘(B) restrict commercial fisheries by time

2 or area;

3 ‘‘(C) require the use of alternative gear

4 techniques or technology, and encourage the de5 velopment of such gear or technology;

6 ‘‘(D) educate commercial fishermen and

7 others on the importance and means of reduc8 ing incidental lethal takes of marine mammals;

9 and

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

11 Secretary shall conform such regulations, to the

12 maximum extent practicable, with State or re13 gional fishery management plans.

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

15 level of incidental lethal taking of a marine mammal

16 stock is occurring within a fishery within the juris17 diction of a State, the Secretary and take reduction

18 team shall consult with State fishery managers to

19 develop a take reduction plan for that fishery.

20 ‘‘(g) EMERGENCY REGULATIONS.—(1) If the Sec21 retary finds that the incidental lethal take and serious in22 jury of marine mammals from commercial fisheries is hav23 ing, or is likely to have, an immediate and significant ad24 verse impact on a stock or species, the Secretary shall take

25 actions as follows:
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•HR 2760 PCS

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

2 a take reduction plan is in effect, the Secretary

3 shall—

4 ‘‘(i) prescribe emergency regulations that,

5 consistent with such plan to the maximum ex6 tent practicable, reduce incidental lethal take

7 and serious injury in that fishery; and

8 ‘‘(ii) approve and implement, on an expe9 dited basis, any amendments to such plan that

10 are recommended by the take reduction team to

11 address such adverse impact.

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

13 a take reduction plan is being developed, the Sec14 retary shall—

15 ‘‘(i) prescribe emergency regulations to re16 duce such incidental lethal take and serious in17 jury in that fishery; and

18 ‘‘(ii) approve and implement, on an expe19 dited basis, such plan, which shall provide

20 methods to address such adverse impact if still

21 necessary.

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

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

24 developed, or in the case of a commercial fishery list25 ed under subsection (d)(1)(A)(iii) which the Sec-
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1 retary believes may be contributing to such adverse

2 impact, the Secretary shall—

3 ‘‘(i) prescribe emergency regulations to re4 duce such incidental lethal take and serious in5 jury in that fishery, to the extent necessary to

6 mitigate such adverse impact;

7 ‘‘(ii) immediately review the stock assess8 ment for such stock or species and the classi9 fication of such commercial fishery under this

10 section to determine if a take reduction team

11 should be established; and

12 ‘‘(iii) may, where necessary to address

13 such adverse impact, place observers on vessels

14 in a commercial fishery listed under subsection

15 (d)(2)(A)(iii), if the Secretary has reason to be16 lieve such vessels may be causing the incidental

17 lethal take and serious injury to marine mam18 mals from such stock and the vessel owner

19 agrees to take an observer on board.

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

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

22 Mammal Commission, all appropriate Regional Fishery

23 Management Councils, State fishery managers, and the

24 appropriate take reduction team (if established).
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1 ‘‘(3) Emergency regulations prescribed under this

2 subsection—

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

4 together with an explanation thereof;

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

6 180 days or until the end of the applicable commer7 cial fishing season, whichever is earlier; and

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

9 earlier date by publication in the Federal Register of

10 a notice of termination, if the Secretary determines

11 that the reasons for emergency regulations no longer

12 exist.

13 ‘‘(h) REPORTING REQUIREMENT.—The owner or op14 erator of a commercial fishing vessel subject to this Act

15 shall report all incidental mortality and serious injury of

16 marine mammals in the course of commercial fishing oper17 ations to the Secretary by mail or other means acceptable

18 to the Secretary within 48 hours after the end of each

19 fishing trip on a standard form to be developed by the

20 Secretary under this section. Such form shall be readily

21 usable by an automated or computerized data processing

22 system and shall require the vessel owner or operator to

23 provide the following:

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

25 tribal registration numbers of the registered vessel.
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1 ‘‘(2) The name and address of the vessel owner

2 or operator.

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

4 ‘‘(4) The species of each marine mammal inci5 dentally killed or seriously injured, and the date,

6 time, and approximate geographic location of such

7 occurrence.

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

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

10 monitor incidental lethal takes and serious injury of

11 marine mammals during the course of commercial

12 fishing operations. The purposes of the monitoring

13 program shall be to—

14 ‘‘(A) obtain statistically reliable estimates

15 of incidental lethal takes and serious injury;

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

17 incidental lethal takes and serious injury under

18 subsection (h); and

19 ‘‘(C) identify changes in fishing methods

20 or technology that may increase or decrease in21 cidental lethal takes.

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

23 may place observers on board vessels as necessary,

24 subject to the provisions of this section. Observers

25 may, among other tasks—
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•HR 2760 PCS

1 ‘‘(A) record incidental mortality or by2 catch of other nontarget species;

3 ‘‘(B) record numbers of marine mammals

4 sighted; and

5 ‘‘(C) perform other scientific investiga6 tions.

7 ‘‘(3) In determining the distribution of observ8 ers among fisheries and vessels within a fishery, the

9 Secretary shall be guided by the following standards:

10 ‘‘(A) The requirement to obtain statis11 tically reliable information.

12 ‘‘(B) The requirement that assignment of

13 observers is fair and equitable among fisheries

14 and among vessels in a fishery.

15 ‘‘(C) The requirement that no individual

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

17 be subject to excessive or overly burdensome ob18 server coverage.

19 ‘‘(D) To the extent practicable, the need to

20 minimize costs and avoid duplication.

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

22 shall allocate observers among fisheries consistent

23 with the following priorities:

24 ‘‘(A) First, fisheries that incidentally le25 thally take or seriously injure marine mammals
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1 from stocks that are depleted because of their

2 listing as an endangered species or threatened

3 species under the Endangered Species Act of

4 1973.

5 ‘‘(B) Second, fisheries that incidentally le6 thally take or seriously injure marine mammals

7 from stocks which are specified as strategic

8 stocks in final stock assessments under sub9 section (c).

10 ‘‘(C) Third, fisheries that incidentally le11 thally take or seriously injure marine mammals

12 from stocks for which the level of incidental le13 thal takes is unknown but is suspected to be

14 high.

15 ‘‘(D) Fourth, species not described in sub16 paragraph (A), (B), or (C).

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

18 observer program to provide statistically reliable in19 formation on the species and number of marine

20 mammals incidentally taken in the course of com21 mercial fishing operations. The alternative observer

22 program may include direct observation of fishing

23 activities from vessels, airplanes, or points on shore.
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1 ‘‘(6) The Secretary is not required to place an

2 observer on a vessel in a fishery if the Secretary

3 finds that—

4 ‘‘(A) in a situation in which harvesting

5 vessels are delivering fish to a processing vessel

6 and the catch is not taken on board the har7 vesting vessel, statistically reliable information

8 can be obtained from an observer on board the

9 processing vessel to which the fish are delivered;

10 ‘‘(B) the facilities on a vessel for quarter11 ing of an observer, or for carrying out observer

12 functions, are so inadequate or unsafe that the

13 health or safety of the observer or the safe op14 eration of the vessel would be jeopardized; or

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

16 Secretary, an observer is not available.

17 ‘‘(7) Any proprietary information collected

18 under this subsection shall be confidential and shall

19 not be disclosed except—

20 ‘‘(A) to Federal employees whose duties re21 quire access to such information;

22 ‘‘(B) to State or tribal employees pursuant

23 to an agreement with the Secretary that pre24 vents public disclosure of the identity or busi25 ness of any person;
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1 ‘‘(C) when required by court order; or

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

3 involving fisheries, to employees of Regional

4 Fishery Management Councils who are respon5 sible for fishery management plan development

6 and monitoring.

7 ‘‘(8) The Secretary shall prescribe such proce8 dures as may be necessary to preserve such con9 fidentiality, except that the Secretary shall release or

10 make public upon request any such information in

11 aggregate, summary, or other form which does not

12 directly or indirectly disclose the identity or business

13 of any person.

14 ‘‘(j) PENALTIES.—Any person who violates the provi15 sions of this section shall be subject to the provisions of

16 sections 105, 106, and 107 as the Secretary considers ap17 propriate.

18 ‘‘(k) ASSISTANCE.—The Secretary shall provide as19 sistance to Regional Fishery Management Councils,

20 States, interstate fishery commissions, and Indian tribal

21 organizations in meeting the goal of reducing incidental

22 lethal takes and serious injury to insignificant levels ap23 proaching a zero mortality and serious injury rate.
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•HR 2760 PCS

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

2 this section, the Secretary may accept, solicit, receive,

3 hold, administer, and use gifts, devises, and bequests.

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

5 are authorized to be appropriated to the Secretary of Com6 merce for carrying out this section $15,000,000 for each

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

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

9 affect section 101(b).

10 ‘‘(o) CONSULTATION WITH SECRETARY OF THE IN11 TERIOR.—The Secretary shall consult with the Secretary

12 of the Interior prior to taking actions or making deter13 minations under this section that affect or relate to species

14 or population stocks of marine mammals for which the

15 Secretary of the Interior is responsible under this title.

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

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

18 it does in section 3 of the Magnuson Fishery Con19 servation and Management Act (16 U.S.C. 1802);

20 ‘‘(2) the term ‘Secretary’ means the Secretary

21 of Commerce; and

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

23 the same meaning as it does in section 3 of the

24 Magnuson Fishery Conservation and Management

25 Act (16 U.S.C. 1802).
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1 ‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS

2 IN ALASKA.

3 ‘‘(a) IN GENERAL.—The Secretary may enter into co4 operative agreements with Alaska Native organizations to

5 conserve marine mammals and provide comanagement of

6 subsistence use by Alaska Natives.

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

8 section may include grants to Alaska Native organizations

9 for, among other purposes—

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

11 mammal populations;

12 ‘‘(2) monitoring the harvest of marine mam13 mals for subsistence use;

14 ‘‘(3) participating in marine mammal research

15 conducted by the Federal Government, States, aca16 demic institutions, and private organizations; and

17 ‘‘(4) developing marine mammal co-manage18 ment structures with Federal and State agencies.

19 ‘‘(c) EFFECT OF JURISDICTION.—

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

21 be construed as authorizing any expansion or change

22 in the respective jurisdiction of Federal, State, or

23 tribal governments over fish and wildlife resources.

24 ‘‘(2) Nothing in this section is intended or shall

25 be construed to alter in any respect the existing po26 litical or legal status of Alaska Natives, or the gov-
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1 ernmental or jurisdictional status of Alaska Native

2 communities or Alaska Native entities.

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

4 are authorized to be appropriated for carrying out this sec5 tion—

6 ‘‘(1) $1,500,000 to the Secretary of Commerce

7 for each of fiscal years 1994, 1995, 1996, 1997,

8 1998, and 1999; and

9 ‘‘(2) $1,000,000 to the Secretary of the Interior

10 for each of fiscal years 1994, 1995, 1996, 1997,

11 1998, and 1999.’’.

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

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

14 amended 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.’’.

15 SEC. 10. PINNIPED TASK FORCE; MANAGEMENT OF CALI16 FORNIA SEA LIONS AND PACIFIC HARBOR

17 SEALS.

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

19 amended by adding at the end the following:

20 ‘‘(i)(1) No later than 90 days after the date of enact21 ment of the Marine Mammal Protection Act Amendments

22 of 1994, the Secretary, in consultation with the Marine

23 Mammal Commission, shall establish a Pinniped-Fishery

24 Interaction Task Force (in this subsection referred to as
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•HR 2760 PCS

1 the ‘Task Force’) to advise the Secretary on management

2 practices regarding seals and sea lions interacting in a

3 dangerous or damaging manner with fishery stocks.

4 ‘‘(2) The Task Force shall consist of individuals des5 ignated by the Secretary, including—

6 ‘‘(A) employees of the Department of Com7 merce,

8 ‘‘(B) scientists knowledgeable in pinniped biol9 ogy and ecology,

10 ‘‘(C) representatives of conservation organiza11 tions, and

12 ‘‘(D) representatives of affected sectors of the

13 fishing industry, Indian treaty tribes, States, and

14 other interests as the Secretary considers appro15 priate.

16 ‘‘(3) The Task Force shall advise the Secretary re17 garding—

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

19 the decline or recovery of threatened or endangered

20 salmonids and other declining fish stocks;

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

22 other fishery resources;

23 ‘‘(C) other factors affecting the decline or re24 covery of threatened or endangered salmonids and

25 other declining fish stocks;
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•HR 2760 PCS

1 ‘‘(D) available alternatives to effectively miti2 gate negative impacts, including alternative tech3 nologies, relocation of animals, or nonlethal deter4 rence of animals, and the estimated cost of such al5 ternatives;

6 ‘‘(E) for negative impacts for which no mitigat7 ing alternatives are known, research to identify such

8 alternatives; and

9 ‘‘(F) limited intentional lethal takes of

10 pinnipeds.

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

12 Force a special committee to advise the Secretary on man13 agement practices regarding seals interacting in a dan14 gerous or damaging manner with aquaculture resources

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

16 of enactment, the Secretary shall submit to the Committee

17 on Merchant Marine and Fisheries of the House of Rep18 resentatives and the Committee on Commerce, Science,

19 and Transportation of the Senate a report containing rec20 ommended available alternatives to mitigate such inter21 actions.

22 ‘‘(5)(A) Any State may petition the Secretary to au23 thorize the lethal removal of individually identifiable

24 pinnipeds which are having a significant negative impact

25 on the decline or recovery of salmonid fishery stocks which
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•HR 2760 PCS

1 have been listed as threatened species or endangered spe2 cies under the Endangered Species Act of 1973 or which

3 the Secretary finds are approaching endangered species or

4 threatened species status (as those terms are defined in

5 that Act). Such authority shall be granted for periods of

6 1 to 3 years. Additional authorizations shall be dependent

7 upon the success of the action. Within 30 days after re8 ceiving a petition, the Secretary shall consult with the

9 Task Force to determine whether the petition has pro10 duced sufficient evidence to warrant further investigation.

11 If further investigation is considered necessary, the Sec12 retary shall publish a notice in the Federal Register re13 questing public comment.

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

15 public comment period for a petition under subparagraph

16 (A), the Task Force shall recommend to the Secretary

17 whether to authorize the lethal removal that is the subject

18 of the petition. If authorization is recommended, the Task

19 Force shall also recommend—

20 ‘‘(i) a method of removal;

21 ‘‘(ii) criteria for evaluating the success of the

22 action; 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 ap3 propriate.

4 ‘‘(D) Not later than 30 days after the receipt of rec5 ommendations from the Task Force, the Secretary shall

6 either approve or deny the petition for lethal removal. If

7 approved, implementation shall occur as soon as prac8 ticable. Lethal removal shall be performed by State agen9 cies or qualified individuals under contract to such agen10 cies, in consultation with the Secretary.

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

12 equal amounts by the Secretary and the State or States

13 having 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

16 or 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, other21 wise depleted, or specified as a strategic stock in a final

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

23 (b) MANAGEMENT OF CALIFORNIA SEA LIONS AND

24 PACIFIC HARBOR SEALS.—
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1 (1) COOPERATIVE AGREEMENT.—The Sec2 retary of Commerce shall enter into negotiations

3 with the States of Washington, Oregon, and Califor4 nia to establish a cooperative agreement for the

5 management of California sea lion and Pacific har6 bor seal populations in those States. The purposes

7 of the cooperative agreement shall be to—

8 (A) determine whether California sea lions

9 and Pacific harbor seals are having a signifi10 cant negative impact on the recovery of fishery

11 stocks in those States;

12 (B) determine the broader impacts of

13 growing populations of California sea lions and

14 Pacific harbor seals on the coastal ecosystems

15 of 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

24 the enactment of this Act, the Secretary of Com25 merce shall develop a draft of a plan described in
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1 paragraph (1)(C) and submit it for review by the

2 Marine Mammal Commission, independent scientists

3 with expertise in marine mammal biology and man4 agement, representatives of national environmental

5 organizations, and other interested persons deter6 mined by the Secretary.

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

8 later than 18 months after the date of the enact9 ment of this Act, the Secretary of Commerce shall

10 submit to the Committee on Merchant Marine and

11 Fisheries of the House of Representatives and the

12 Committee on Commerce, Science, and Transpor13 tation of the Senate—

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

7 subsection shall have no force or effect except as

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

9 submitted 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 enact14 ment of the Marine Mammal Protection Act Amendments

15 of 1994, the Secretary of Commerce shall convene a re16 gional workshop for the Gulf of Maine to assess human17 caused factors affecting the health and stability of that

18 marine ecosystem, of which marine mammals are a part.

19 The workshop shall be conducted in consultation with the

20 Marine Mammal Commission, the adjacent coastal States,

21 individuals with expertise in marine mammal biology and

22 ecology, representatives from environmental organizations,

23 the fishing industry, and other appropriate persons. The

24 goal of the workshop shall be to identify such factors, and

25 to recommend a program of research and management to
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1 restore or maintain that marine ecosystem and its key

2 components that—

3 ‘‘(A) protects and encourages marine mammals

4 to develop to the greatest extent feasible commensu5 rate with sound policies of resource management;

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

7 the maintenance of the health and stability of the

8 marine ecosystems;

9 ‘‘(C) ensures the fullest possible range of man10 agement options for future generations; and

11 ‘‘(D) permits nonwasteful, environmentally

12 sound development of renewable and nonrenewable

13 resources.

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 work19 shop under this subsection, proposed regulatory or re20 search actions, 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 orga24 nizations, shall, not later than 180 days after the date of

25 enactment of the Marine Mammal Protection Act Amend-
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1 ments of 1994, undertake a scientific research program

2 to monitor the health and stability of the Bering Sea ma3 rine ecosystem and to resolve uncertainties concerning the

4 causes of population declines of marine mammals, sea

5 birds, and other living resources of that marine ecosystem.

6 The program shall address the research recommendations

7 developed by previous workshops on Bering Sea living ma8 rine resources, and shall include research on subsistence

9 uses of such resources and ways to provide for the contin10 ued opportunity for such uses.

11 ‘‘(2) To the maximum extent practicable, the re12 search program undertaken pursuant to subsection (d)(1)

13 shall be conducted in Alaska. The Secretary shall utilize,

14 where appropriate, traditional local knowledge and may

15 contract with a qualified Alaska Native organization to

16 conduct such 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

24 to 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 regula5 tions prescribed under section 118,’’.

6 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

7 (a) DEPARTMENT OF COMMERCE.—Title I is amend8 ed 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

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

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

15 $8,402,000 for fiscal year 1996, $9,338,000 for fiscal year

16 1997, $10,311,000 for fiscal year 1998, and $11,000,000

17 for fiscal 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

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

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

24 $10,500,000 for fiscal year 1999.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 in the first section is amended by inserting after the item

3 relating 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

20 harassment described in subparagraph (A)(i).

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

22 harassment 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 ma4 rine 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 fore12 seeable 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

20 the 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 popu25 lation 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 ecol14 ogy; 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 En25 dangered Species Act of 1973 (16 U.S.C. 1539(f)(8)) for
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1 any person holding such a certificate with respect to the

2 possession of pre-Act finished scrimshaw products or raw

3 material for such products shall remain valid for a period

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

5 of this 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

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

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

18 by 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

2 section)—

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

4 ‘‘405’’, and

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

6 ‘‘407’’;

7 (8) in section 408(2) (as redesignated by this

8 section) by striking ‘‘307’’ and inserting ‘‘407’’;

9 (9) in section 409(1) (as redesignated by this

10 section) by striking ‘‘305(a)’’ and inserting

11 ‘‘405(a)’’;

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

13 section) by striking ‘‘307(a)’’ and inserting

14 ‘‘407(a)’’;

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

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

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

18 1379(h)(1)) by striking ‘‘title III’’ and inserting

19 ‘‘title IV’’;

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

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

22 and

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

24 by striking the items relating to the title that is re25 designated by paragraph (2) of this section and the
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1 sections that are redesignated by paragraph (3) of

2 this section and inserting the following:

‘‘TITLE IV—MARINE MAMMAL HEALTH AND STRANDING RESPONSE

‘‘Sec. 401. Establishment of program.

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

‘‘Sec. 403. Stranding response agreements.

‘‘Sec. 404. Unusual mortality event response.

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

‘‘Sec. 406. Liability.

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

‘‘Sec. 408. Authorization of appropriations.

‘‘Sec. 409. Definitions.’’.

3 SEC. 18. AUTHORIZATION OF APPROPRIATIONS FOR MA4 RINE MAMMAL COMMISSION.

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

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

7 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to the Ma9 rine Mammal Commission for carrying out this title

10 $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year

11 1995, $1,600,000 for fiscal year 1996, $1,650,000 for fis12 cal year 1997, $1,700,000 for fiscal year 1998, and

13 $1,750,000 for fiscal year 1999.’’.

14 (b) CLERICAL AMENDMENT.—The table of contents

15 in the first section is amended by inserting after the item

16 relating to section 206 the following:

‘‘Sec. 207. Authorization of appropriations.’’.
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1 SEC. 19. FURTHER TECHNICAL AND CONFORMING AMEND2 MENTS.

3 (a) AMENDMENTS RELATING TO DEFINITION OF

4 SECRETARY.—Section 3(12) of the Marine Mammal Pro5 tection Act of 1972 (16 U.S.C. 1362(12)) is amended in

6 subparagraph (B) by striking ‘‘title III’’ and inserting

7 ‘‘title IV’’.

8 (b) AMENDMENTS RELATING TO DEFINITION OF

9 POPULATION STOCK AND STOCK.—Section 3(11) of the

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

11 1362(11)) is amended to read as if section 3004(b) of the

12 Marine Mammal Health and Stranding Response Act were

13 not enacted (106 Stat. 5067).

14 (c) FURTHER CORRECTIONS TO DEFINITIONS.—Sec15 tion 3 (16 U.S.C. 1362) is amended—

16 (1) by striking paragraph (5);

17 (2) by redesignating paragraph (17) as para18 graph (5), and moving that paragraph so as to ap19 pear immediately following paragraph (4); and

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

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

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

23 (17).

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

25 subsections (a) and (b) shall be effective as if enacted as
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1 part of section 3004 of the Marine Mammal Health and

2 Stranding Response Act (106 Stat. 5067).

Passed the House of Representatives March 21,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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