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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2760 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2760

To authorize the Marine Mammal Protection Act for a period of 6 years, 
  to establish a new regime to govern the incidental taking of marine 
 mammals in the course of commercial fishing operations, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1993

Mr. Studds (for himself, Mr. Young of Alaska, Mr. Fields of Texas, Mr. 
   Manton, and Mr. Saxton) introduced the following bill; which was 
       referred to the Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
To authorize the Marine Mammal Protection Act for a period of 6 years, 
  to establish a new regime to govern the incidental taking of marine 
 mammals in the course of commercial fishing operations, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Protection Act 
Amendments of 1993''.

SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 3. SMALL TAKE PROVISIONS.

    (a) Section 101(a)(4) (16 U.S.C. 1371(a)(4)) is amended to read as 
follows:
            ``(4)(A) The Secretary shall allow the incidental, but not 
        the intentional, lethal taking by citizens of the United States 
        while engaging in commercial fishing operations of small 
        numbers of marine mammals listed as endangered species under 
        the Endangered Species Act of 1973 if the Secretary determines, 
        after notice and opportunity for public comment, that the total 
        of such taking will not exceed the potential biological removal 
        level established for that marine mammal stock or species under 
        section 118(c).
            ``(B) For the purposes of this paragraph, a request for an 
        authorization to incidentally lethally take marine mammals that 
        have been listed as endangered species under the Endangered 
        Species Act of 1973 shall be considered to be sufficient to 
        initiate a consultation under section 7 of that Act.''.

SEC. 4. PERMITS.

    Section 104 (16 U.S.C. 1374) is amended by striking the period at 
the end of subsection (a) and inserting ``except for the incidental 
taking of marine mammals during the course of commercial fishing 
operations.''.

SEC. 5. CONSERVATION PLANS.

    Section 115(b) is amended--
            (1) by striking the word ``and'' after the semicolon at the 
        end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) within 6 months after determination of critical 
        status, for any species or stock determined to be a critical 
        stock under section 118.''.

SEC. 6. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING 
              OPERATIONS.

    Title I (16 U.S.C. 1371 et seq.) is amended by adding at the end 
the following new section:
    ``Sec. 118. (a) Taking of Marine Mammals Incidental to Commercial 
Fishing Operations.--
            ``(1) Effective on the date of the enactment of the Marine 
        Mammal Protection Act Amendments of 1993 and subject to 
        subsection (d)(4), the provisions of this section shall govern 
        the incidental taking of marine mammals in the course of 
        commercial fishing operations by persons using vessels of the 
        United States and vessels which have valid fishing permits 
        issued by the Secretary in accordance with section 204(b) of 
        the Magnuson Fishery Conservation and Management Act. In any 
        event, it shall be the immediate goal that the incidental kill 
        or serious injury of marine mammals permitted in the course of 
        commercial fishing operations be reduced to insignificant 
        levels approaching zero.
            ``(2) The provisions of the Endangered Species Act of of 
        1973 and section 101 of this title and not this section shall 
        govern the incidental lethal taking of marine mammals listed as 
        endangered under the Endangered Species Act of 1973.
            ``(3) The provisions of title III of this Act and not this 
        section shall govern the taking of marine mammals in the course 
        of commercial purse seine fishing for yellowfin tuna.
            ``(4) The provisions of the Endangered Species Act of 1973 
        and Public Law 99-625 and not this section shall govern the 
        incidental taking of California sea otters during the course of 
        commercial fishing operations.
    ``(b) Scientific Working Group.--(1) Not later than 60 days after 
the date of the enactment of the Marine Mammal Protection Act 
Amendments of 1993, the Secretary, in consultation with the Marine 
Mammal Commission and the Secretary of the Interior, shall establish a 
Scientific Working Group consisting of individuals with expertise in 
marine mammal biology and ecology, population dynamics and modeling, 
and commercial fishing technology and practices, to advise the 
Secretary regarding--
            ``(A) population estimates for those marine mammal stocks 
        taken incidental to commercial fishing operations;
            ``(B) the population status and trend of such marine mammal 
        stocks;
            ``(C) studies needed to resolve uncertainties regarding 
        stock separation, abundance, or trends and factors affecting 
        the distribution, size, or productivity of the stock;
            ``(D) studies needed to resolve uncertainties regarding the 
        species, numbers, ages, gender, and reproductive status of 
        marine mammals being incidentally lethally taken in the course 
        of commercial fishing operations; and
            ``(E) research to identify modifications in fishing gear 
        and fishing practices likely to reduce the mortality and 
        serious injury of marine mammals incidental to commercial 
        fishing operations.
    ``(2) The Federal Advisory Committee Act shall not apply to the 
Scientific Working Group.
    ``(c) Stock Assessments.--(1) Not later than 120 days after the 
date of the enactment of the Marine Mammal Protection Act Amendments of 
1993, the Secretary shall provide to the Scientific Working Group 
established under subsection (b) a preliminary stock assessment of all 
marine mammal populations which occur in waters under the jurisdiction 
of the United States. The preliminary stock assessment shall include--
            ``(A) the area in which each stock or population is 
        located;
            ``(B) the best available estimates of minimum population 
        abundance, distribution, stock separation, and current trend;
            ``(C) estimates of total lethal take by source for each 
        stock and other factors that may impede recovery of that stock, 
        including impacts on marine mammal habitat and prey;
            ``(D) a list of commercial fisheries interacting with each 
        marine mammal stock, which includes--
                    ``(i) the approximate number of vessels 
                participating in the fishery;
                    ``(ii) the level of interaction, specifying 
                frequent, occasional, or rare incidental takes;
                    ``(iii) seasonal or area changes in level of take; 
                and
                    ``(iv) the rate at which takes occur, specifying on 
                a per day or per fishing operation basis;
            ``(E) the stock's status, specifying whether a species, 
        stock, or population has been identified as having reached its 
        optimum sustainable population, is depleted, threatened, 
        endangered, or critical; and
            ``(F) a potential biological removal level for each stock 
        and the factors used to calculate it.
    ``(2) The Scientific Working Group shall review the preliminary 
stock assessment and provide comments and recommendations to the 
Secretary not later than 60 days from receipt.
    ``(3) The Secretary shall take the recommendations of the 
Scientific Working Group into account and, not later than 45 days after 
the receipt of such comments and recommendations, shall make the 
revised stock assessment available for public review and comment.
    ``(4) Not later than 1 year after the date of the enactment of the 
Marine Mammal Protection Act Amendments of 1993, the Secretary shall 
publish a final stock assessment of all marine mammal stocks which 
occur in United States waters. The assessment shall include all 
information required under paragraph (1) and any other information 
which the Secretary deems appropriate.
    ``(5) The Secretary shall review and publish, in consultation with 
the Marine Mammal Commission, the Secretary of the Interior, and the 
Scientific Working Group, updated stock assessments--
            ``(A) on an annual basis for those stocks considered to be 
        critical; and
            ``(B) at least once every 3 years for all other marine 
        mammal stocks.
    ``(d) Authorization to Take Marine Mammals.--(1) Not later than 30 
days after the date of the publication of the final stock assessment as 
required under subsection (c), the Secretary shall issue a general 
authorization for the incidental taking of marine mammals in the course 
of commercial fishing operations. Such authorization shall be 
accompanied by regulations issued by the Secretary requiring--
            ``(A) each vessel owner operating in a fishery identified 
        in the final stock assessment as interacting with a marine 
        mammal stock which has been--
                    ``(i) listed as an endangered species or threatened 
                species under the Endangered Species Act of 1973;
                    ``(ii) designated as depleted under this Act; or
                    ``(iii) identified as critical under this section,
        to register with the Secretary by biennially completing a 
        registration form providing the name of the vessel owner, the 
        name and description of the vessel, the fisheries in which it 
        will be engaged, and such other information as the Secretary 
        deems necessary;
            ``(B) each vessel required to register under subparagraph 
        (A) to display a decal or other physical evidence issued by the 
        Secretary indicating that the registration is current;
            ``(C) all lethal takes of marine mammals to be reported to 
        the Secretary at the end of each fishing trip;
            ``(D) each vessel to comply with all monitoring 
        requirements established by the Secretary as provided in 
        subsection (f); and
            ``(E) any other terms and conditions which the Secretary 
        deems appropriate.
    ``(2) The Secretary is authorized to charge a fee for the granting 
of an authorization under this section. The level of fees charged under 
this paragraph shall not exceed the administrative costs incurred in 
granting an authorization. Fees collected under this paragraph shall be 
available to the Under Secretary of Commerce for Oceans and Atmosphere 
for expenses incurred in the granting and administration of 
authorizations under this section.
    ``(3) The Secretary shall review information regarding the 
incidental taking of marine mammals under the general authorization and 
evaluate the effects of such incidental taking on the affected marine 
mammal stocks. Incidental lethal takes for each marine mammal stock 
shall not exceed the potential biological removal level established in 
the final stock assessment required under subsection (c). If the 
Secretary finds that the incidental taking of marine mammals in a 
fishery is likely to exceed the potential biological removal level, the 
Secretary shall immediately consult with the appropriate conservation 
team established under subsection (e), Regional Councils, and States, 
and prescribe emergency regulations to prevent to the maximum extent 
practicable any further taking. Any emergency regulations prescribed 
under this paragraph shall--
            ``(A) to the maximum extent practicable, avoid interfering 
        with existing State, interstate, or regional management plans;
            ``(B) be published in the Federal Register; and
            ``(C) remain in effect until the Secretary determines that 
        the reasons for the emergency regulations no longer exist, or 
        the end of the year for which the annual potential biological 
        removal was calculated, whichever is earlier.
    ``(4) Until such time as the Secretary issues a general 
authorization under this section for the incidental taking of marine 
mammals during the course of commercial fishing operations, the 
provisions of section 114 shall apply.
    ``(e) Conservation Teams.--(1) The Secretary shall establish a 
conservation team for each of the following regions and the adjacent 
economic zone in which incidental lethal takes of marine mammals occur:
            ``(A) New england.--The New England region, consisting of 
        the States of Maine, New Hampshire, Massachusetts, Rhode 
        Island, and Connecticut.
            ``(B) Mid-atlantic.--The Mid-Atlantic region, consisting of 
        the States of New York, New Jersey, Delaware, Maryland, and 
        Virginia.
            ``(C) South atlantic.--The South Atlantic region, 
        consisting of the States of North Carolina, South Carolina, 
        Georgia, and Florida.
            ``(D) Gulf and caribbean.--The Gulf of Mexico and Caribbean 
        region, consisting of the States of Texas, Louisiana, 
        Mississippi, Alabama, Florida; the Virgin Islands, and the 
        Commonwealth of Puerto Rico.
            ``(E) Pacific.--The Pacific region, consisting of the 
        States of California, Washington, and Oregon.
            ``(F) Western pacific.--The Western Pacific region, 
        consisting of the State of Hawaii; Guam, American Samoa, and 
        the Northern Mariana Islands.
            ``(G) North pacific.--The North Pacific region, consisting 
        of the State of Alaska.
    ``(2) For those regions in which a marine mammal stock has been 
identified as a critical stock, conservation teams shall be established 
not later than 30 days after the publication of the final stock 
assessment required under subsection (c). For those regions in which no 
stock has been identified as critical, conservation teams shall be 
established not later than 60 days after the publication of the final 
stock assessment.
    ``(3) Conservation team members may be drawn from the National 
Marine Fisheries Service, the United States Fish and Wildlife Service, 
the Marine Mammal Commission, States, Regional Councils, environmental 
organizations, the fishing industry, universities and scientific 
organizations, Alaska Native corporations, treaty tribes, and others as 
the Secretary deems appropriate. Each conservation team shall have at 
least one member of the coinciding Regional Council as a member. 
Conservation teams shall consist of an equitable distribution of 
industry and nonindustry representatives as practicable. Conservation 
teams shall not be subject to the Federal Advisory Committee Act; 
however, meetings of the conservation teams shall be open to the 
public.
    ``(4) It shall be the immediate goal of each conservation team to 
advise the Secretary, through the development of a conservation plan, 
on methods of reducing lethal incidental takes of marine mammals below 
the potential biological removal levels established under subsection 
(c) as quickly as possible, and on methods of reducing incidental 
lethal takes to insignificant levels approaching zero within 10 years. 
In developing a conservation plan, conservation teams shall consult 
with the States and Regional Councils.
    ``(5) In the case of those regions in which a marine mammal stock 
has been identified as critical, and for which total lethal takes are 
estimated to be greater than the potential biological removal level 
established in the stock assessment, the following provisions shall 
apply:
            ``(A) Not later than 6 months after the date of the 
        establishment of a conservation team, the team shall submit a 
        draft conservation plan for the critical stock to the 
        Secretary.
            ``(B) The Secretary shall take the draft conservation plan 
        into consideration and, not later than 60 days after the 
        submission of the draft conservation plan by the conservation 
        team, the Secretary shall publish a draft conservation plan and 
        implementing regulations for public review and comment.
            ``(C) In the event that the conservation team is unable to 
        submit a draft plan to the Secretary within 6 months, the 
        Secretary shall publish a proposed plan and implementing 
        regulations for public review and comment:
            ``(D) Not later than 60 days after the close of the comment 
        period required under subparagraph (B), the Secretary shall 
        publish a final conservation plan and implementing regulations.
            ``(E) The Secretary and the conservation team shall 
        continue to meet every six months to monitor the progress of 
        the conservation plan.
            ``(F) The Secretary may make adjustments to the 
        conservation plan and implementing regulations as necessary, 
        which shall be published for public review and comment.
    ``(6) In the case of those regions in which a marine mammal stock 
has been identified as critical, and for which the total lethal takes 
are estimated to be less than the potential biological removal level 
established in the stock assessment, the following provisions shall 
apply:
            ``(A) No later than 11 months after the establishment of a 
        conservation team, the team shall submit a draft conservation 
        plan for the critical stock to the Secretary.
            ``(B) the Secretary shall take the draft conservation plan 
        into consideration and, not later than 60 days following the 
        submission of the draft conservation plan by the conservation 
        team, the Secretary shall publish a draft conservation plan and 
        implementing regulations for public review and comment.
            ``(C) in the event that the conservation team is unable to 
        submit a draft plan to the Secretary within 11 months, the 
        Secretary shall publish a proposed plan and implementing 
        regulations for public review and comment.
            ``(D) Not later than 60 days after the close of the comment 
        period required under subparagraph (B), the Secretary shall 
        publish a final conservation plan and implementing regulations.
            ``(E) The Secretary and the conservation team shall 
        continue to meet on an annual basis to monitor the progress of 
        the conservation plan.
            ``(F) The Secretary may make adjustments to the 
        conservation plan and implementing regulations as necessary, 
        which shall be published for public review and comment.
    ``(f) Monitoring Incidental Lethal Takes.--(1) The Secretary shall 
establish a program to monitor incidental lethal takes of marine 
mammals during the course of commercial fishing operations. The 
purposes of the monitoring program shall be to--
            ``(A) determine potential changes in stock status;
            ``(B) identify unusual changes in fishing methods, 
        including the introduction of new or alternative fishing gear 
        or practices, and the initiation of experimental fisheries;
            ``(C) determine methods of reducing incidental lethal take 
        levels; and
            ``(D) verify reporting of incidental lethal takes.
    ``(2) For each fishery operating under the general authorization to 
incidentally lethally take marine mammals as provided under subsection 
(d), and consistent with the provisions of sections 114(e)(6) and 
114(e)(7), the Secretary shall require that vessels operating in that 
fishery carry observers in order to obtain statistically reliable 
information required under this section. When determining the 
distribution of observers among fisheries and vessels within a fishery, 
the Secretary shall be guided by the following standards:
            ``(A) The requirement to obtain the best scientific 
        information available.
            ``(B) The requirement that assignment of observers is fair 
        and equitable among fisheries and among vessels in a fishery.
            ``(C) The requirement that no individual person or vessel, 
        or group of persons or vessels, be subject to excessive or 
        overly burdensome observer coverage.
            ``(D) Where practicable, the need to minimize costs and 
        avoid duplication.
    ``(3) To the extent practicable, the Secretary shall require that 
vessels carry observers consistent with the following priorities:
            ``(A) 20 percent of the vessels in those fisheries with 
        incidental lethal takes from marine mammal stocks identified as 
        endangered species or threatened species under the Endangered 
        Species Act of 1973 shall carry observers.
            ``(B) 20 percent of the vessels in those fisheries with 
        incidental lethal takes from marine mammal stocks identified as 
        critical shall carry observers.
            ``(C) 10 percent of those fisheries with high levels of 
        incidental lethal takes from any marine mammal stock designated 
        as depleted shall carry observers.
            ``(D) Observers may be required on vessels in any other 
        fishery in which incidental lethal takes are likely to occur or 
        in which the Secretary believes incidental takes may be 
        occurring.
    ``(4) The Secretary shall establish a list of supplementary 
observer providers which shall consist of private companies, academic 
institutions, State agencies, and other appropriate entities which can 
provide qualified observers to a vessel required to carry an observer 
under this subsection. A vessel owner may choose to employ a 
supplementary observer provider to meet the requirements of this 
subsection.
    ``(5) In order to be included in the list established under 
paragraph (4), a supplementary observer provider must demonstrate 
that--
            ``(A) individuals employed by the provider are citizens or 
        nationals of the United States and have the requisite education 
        or experience to carry out the functions required under this 
        subsection;
            ``(B) standards of conduct for observers have been 
        established equivalent to those applicable to Federal 
        personnel; and
            ``(C) a standard system exists of collecting, analyzing, 
        and reporting data at such time and in such form as is 
        satisfactory to the Secretary.
    ``(6)(A) Any information collected under this subsection shall be 
confidential and shall not be disclosed except--
            ``(i) to Federal employees whose duties require access to 
        such information;
            ``(ii) to State employees pursuant to an agreement with the 
        Secretary that prevents public disclosure of the identity or 
        business of any person; or
            ``(iii) when required by court order.
    ``(B) The Secretary shall prescribe such procedures as may be 
necessary to preserve such confidentiality, except that the Secretary 
shall release or make public any such information in aggregate, 
summary, or other form which does not directly or indirectly disclose 
the identity or business of any person.
    ``(g) Penalties and Enforcement.--If the Secretary determines that 
a person using a vessel of the United States or a vessel with a valid 
fishing permit issued by the Secretary in accordance with section 
204(b) of the Magnuson Fishery Conservation and Management Act has 
knowingly violated this section, the Secretary shall--
            ``(1) on the first occasion of noncompliance, withdraw all 
        fishing rights and privileges of that person or vessel for 30 
        consecutive days;
            ``(2) on the second occasion of noncompliance, withdraw all 
        fishing rights and privileges of that person or vessel for 6 
        consecutive months; and
            ``(3) use any other provisions of sections 105, 106, or 107 
        that the Secretary deems appropriate.
No penalty shall be assessed unless such person is given notice and 
opportunity for a hearing with respect to such violation. Any penalty 
may be remitted or mitigated by the Secretary for good cause shown.
    ``(h) Contributions.--The Secretary may accept contributions of 
equipment or services for use in administering this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Commerce, for purposes of carrying 
out this section, $15,000,000 for each of the fiscal years 1994, 1995, 
1996, 1997, 1998, and 1999.''.

SEC. 7. ESTABLISHMENT OF PINNIPED INTERACTION TASK FORCE.

    Section 104 (16 U.S.C. 1374) is amended by adding at the end the 
following new subsection:
    ``(i)(1) Not later than 60 days after the date of the enactment of 
the Marine Mammal Protection Act Amendments of 1993, the Secretary, in 
consultation with the Marine Mammal Commission, shall establish a 
Pinniped Interaction Task Force to advise the Secretary on management 
practices regarding pinnipeds interacting in a dangerous or damaging 
manner with salmonid fishery resources.
    ``(2) The Pinniped Interaction Task Force shall consist of 
designated employees of the Department of Commerce, individuals with 
expertise in pinniped biology and ecology and commercial fishing 
technology and practices, particularly aquaculture technology; and 
representatives from States, environmental organizations, Alaska Native 
corporations, treaty tribes, and others as the Secretary deems 
appropriate.
    ``(3) The Pinniped Interaction Task Force shall advise the 
Secretary regarding--
            ``(A) the use of available alternative fishing gear or 
        practices to mitigate the interaction;
            ``(B) in the event that no alternative gears are currently 
        available, research into such alternatives; and
            ``(C) other means of mitigating the interaction, including 
        the use of limited intentional lethal takes.''.

SEC. 8. TREATY RIGHTS.

    Nothing in this Act is intended to abrogate existing fishing or 
hunting rights reserved to Indian tribes by treaty with the United 
States.

SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.

    The Act is amended--
            (1) in the table of contents by inserting after the item 
        relating to section 117 the following:

``Sec. 118. General authorization for commercial fisheries.'';
            (2) in section 101(a)(2) (16 U.S.C. 1371(a)(2)) by striking 
        ``permits may be issued therefor'' and all that follows through 
        ``section 103.'' and inserting ``an authorization may be issued 
        therefor under this section and section 118 subject to 
        regulations prescribed by the Secretary.'';
            (3) in section 102(a) (16 U.S.C. 1372(a)) by striking ``and 
        114'' and inserting ``114, and 118'';
            (4) by redesignating the title III of that Act that was 
        added by section 3003 of the Marine Mammal Health and Stranding 
        Response Act (106 Stat. 5060) as title IV;
            (5) by redesignating each of the sections of that title in 
        order as sections 401, 402, 403, 404, 405, 406, 407, 408, and 
        409;
            (6) in section 401(b)(3) as redesignated by this section by 
        striking ``304'' and inserting in lieu thereof ``404'';
            (7) in section 405(b)(1)(A)(i) as redesignated by this 
        section by striking ``304(b)'' and inserting in lieu thereof 
        ``404(b)'';
            (8) in section 406(a)(2)(A) as redesignated by this section 
        by striking ``304(b)'' and inserting in lieu thereof 
        ``404(b)'';
            (9) in section 406(a)(2)(B) as redesignated by this section 
        by striking ``304(c)'' and inserting in lieu thereof 
        ``404(c)'';
            (10) in section 408(1) as redesignated by this section--
                    (A) by striking ``305'' and inserting in lieu 
                thereof ``405'', and
                    (B) by striking ``307'' and inserting in lieu 
                thereof ``407'';
            (11) in section 408(2) as redesignated by this section by 
        striking ``307'' and inserting in lieu thereof ``407'';
            (12) in section 409(1) as redesignated by this section by 
        striking ``305(a)'' and inserting in lieu thereof ``405(a)'';
            (13) in section 409(5) as redesignated by this section by 
        striking ``307(a)'' and inserting in lieu thereof ``407(a)'';
            (14) in section 102(a) (16 U.S.C. 1372(a)) by striking 
        ``title III'' and inserting in lieu thereof ``title IV'';
            (15) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by 
        striking ``title III'' and inserting in lieu thereof ``title 
        IV'';
            (16) in section 112(c) (16 U.S.C. 1382(c)) by striking ``or 
        title III'' and inserting in lieu thereof ``or title IV''; and
            (17) by amending the table of contents contained in the 
        first section accordingly.

SEC. 10. DEFINITIONS.

    Section 3 (16 U.S.C. 1362) is amended--
            (1) by inserting the following new paragraphs (1) and (2) 
        and renumbering all other paragraphs accordingly:
            ``(1) The term `critical stock' means a marine mammal 
        species or population stock--
                    ``(A) which is below its maximum net productivity 
                level and is not likely to rebuild to that level 
                without significant delay unless action is taken to 
                reduce human-caused mortality or habitat destruction;
                    ``(B) which currently is above its maximum net 
                productivity level but is likely to be reduced below 
                that level unless action is taken to reduce human-
                caused mortality or habitat destruction; or
                    ``(C) the status of which is unknown or uncertain, 
                and the level of human-caused mortality is such that, 
                based upon knowledge of comparable species or stocks, 
                the Secretary has reason to believe that it may be 
                causing the species or stock to be reduced or 
                maintained below its maximum net productivity level.
            ``(2) The term `current carrying capacity' means the 
        largest average number of animals supported by the habitat 
        within the historic range of a species or population stock 
        prior to human-caused habitat degradation or enhancement, 
        modified to take into account increases and decreases due to 
        natural causes or human-caused effects which for all practical 
        purposes are irreversible.'';
            (3) by inserting the following new paragraph (10) and 
        renumbering all other paragraphs accordingly--
            ``(10) The term `maximum net productivity level' means the 
        population size, age, and gender composition at which the net 
        annual increase in population size resulting from additions to 
        the populations due to reproduction, less losses due to natural 
        mortality, is maximized.'';
            (4) by inserting the following new paragraph (15) and 
        renumbering all other paragraphs accordingly:
            ``(15) The term `potential biological removal' means the 
        number of animals that may be removed from a marine mammal 
        population stock without causing that stock to be reduced to, 
        or to be maintained for a significant period of time at, a 
        level below its maximum net productivity level. Potential 
        biological removal levels shall be calculated as follows:
                    ``(A) for a species or stock that is below its 
                maximum net productivity level, that part of the net 
                annual increment that can be taken without 
                significantly delaying the time it will take the 
                population to rebuild to its maximum net productivity 
                level; or
                    ``(B) for a species or stock whose status is 
                uncertain, the product of the minimum population 
                estimate times \1/2\ of the best available estimate of 
                population growth rate at the maximum net productivity 
                level, multiplied by a recovery factor of--
                            ``(i) 0.1 for populations whose minimum 
                        population estimate is less than 10,000; and
                            ``(ii) 0.5 for populations whose minimum 
                        population estimate is greater than 10,000.''; 
                        and
            (5) by adding at the end the following:
            ``(18) The term `Regional Council' means a Regional Fishery 
        Management Council established under section 302 of the 
        Magnuson Fishery Conservation and Management Act.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS FOR MARINE MAMMAL COMMISSION.

    Title II (16 U.S.C. 1401 et seq.) is amended in section 207 by--
            (a) striking all from ``$672,000 for fiscal year 1982'' 
        through ``1992, and'';
            (b) striking the period at the end; and
            (c) inserting the following: ``$1,500,000 for fiscal year 
        1994, $1,550,000 for fiscal year 1995, $1,600,000 for fiscal 
        year 1996, $1,650,000 for fiscal year 1997, $1,700,000 for 
        fiscal year 1998, and $1,750,000 for fiscal year 1999.''.

SEC. 12. AMENDMENT TO PUBLIC LAW 102-587.

    Section 3004 of Public Law 102-587 (106 Stat. 5067) is amended--
            (1) in subsection (b) by striking ``3(11) of the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1362(11))'' and 
        inserting in lieu thereof ``3(12) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1362(12)''; and
            (2) in subsection (b)(4) by striking ``title III'' within 
        the quotation marks and inserting in lieu thereof ``title IV''.

                                 <all>

HR 2760 IH----2
HR 2760 IH----3
```