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

                                                 Union Calendar No. 242

103d CONGRESS

  2d Session

                               H. R. 2760

                          [Report No. 103-439]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 21, 1994

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed

                                                 Union Calendar No. 242
103d CONGRESS
  2d Session
                                H. R. 2760

                          [Report No. 103-439]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1993

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

                             March 21, 1994

                   Additional sponsor: Mr. Torkildsen

                             March 21, 1994

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               27, 1993]

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. 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. FINDINGS AND DECLARATION OF POLICY.

    Section 2 (16 U.S.C. 1361) is amended--
            (1) in paragraph (2) by inserting ``essential habitats, 
        including'' after ``made to protect''; and
            (2) in paragraph (5) in the matter following subparagraph 
        (B) by inserting ``and their habitats'' before ``is therefore 
        necessary''.

SEC. 4. MORATORIUM AND EXCEPTIONS.

    (a) Section 101(a) (16 U.S.C. 1371(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Consistent with the provisions of section 104, 
        permits may be issued by the Secretary for taking, and 
        importation for purposes of scientific research, public 
        display, photography for educational or commercial purposes, or 
        enhancing the survival or recovery of a species or stock, or 
        for importation of polar bear parts (other than internal 
        organs) taken in sport hunts in Canada. Such permits, except 
        permits issued under section 104(c)(5), may be issued if the 
        taking or importation proposed to be made is first reviewed by 
        the Marine Mammal Commission and the Committee of Scientific 
        Advisors on Marine Mammals established under title II. The 
        Commission and Committee shall recommend any proposed taking or 
        importation, other than importation under section 104(c)(5), 
        which is consistent with the purposes and policies of section 2 
        of this Act. If the Secretary issues such a permit for 
        importation, the Secretary shall issue to the importer 
        concerned a certificate to that effect in such form as the 
        Secretary of the Treasury prescribes, and such importation may 
        be made upon presentation of the certificate to the customs 
        officer concerned.'';
            (2) in paragraph (2) in the first sentence by striking 
        ``and permits may'' and all that follows through ``section 
        103.'' and inserting ``and authorizations may be granted 
        therefor under section 118 subject to regulations prescribed by 
        the Secretary.'';
            (3) in paragraph (3)(B)--
                    (A) by inserting ``, photography for educational or 
                commercial purposes,'' after ``purposes''; and
                    (B) by inserting ``or as provided for under 
                paragraph (5) of this subsection,'' after 
                ``subsection,'';
            (4) by amending paragraph (4) to read as follows:
            ``(4)(A) Except as provided in subparagraph (C), the 
        provisions of this Act shall not apply to the use of measures--
                    ``(i) by the owner of fishing gear or catch, or an 
                employee or agent of such owner, to deter a marine 
                mammal from damaging the gear or catch;
                    ``(ii) by the owner of other private property, or 
                an agent, bailee, or employee of such owner, to deter a 
                marine mammal from damaging private property;
                    ``(iii) by any person, to deter a marine mammal 
                from endangering personal safety; or
                    ``(iv) by a government employee, to deter a marine 
                mammal from damaging public property,
        so long as such measures do not result in the death or serious 
        injury of a marine mammal.
            ``(B) The Secretary shall, through consultation with 
        appropriate experts, and after notice and opportunity for 
        public comment, publish in the Federal Register a list of 
        guidelines for use in safely deterring marine mammals. In the 
        case of marine mammals listed as endangered species or 
        threatened species under the Endangered Species Act of 1973, 
        the Secretary shall recommend specific measures which may be 
        used to nonlethally deter marine mammals. Actions to deter 
        marine mammals consistent with such guidelines shall not be a 
        violation of this Act.
            ``(C) If the Secretary determines, using the best 
        scientific information available, that certain forms of 
        deterrence have a significant adverse effect on marine mammals, 
        the Secretary may prohibit such deterrent methods, after notice 
        and opportunity for public comment, through regulation under 
        this Act.
            ``(D) The authority to deter marine mammals pursuant to 
        subparagraph (A) applies to all marine mammals, including all 
        stocks designated as depleted under this Act.''.
            (5) in paragraph (5)(A) by inserting ``, other than by 
        harassment,'' after ``taking'' the first place it appears;
            (6) in paragraph (5) by adding at the end the following new 
        subparagraphs:
            ``(D)(i) Upon request therefor by citizens of the United 
        States who engage in a specified activity (other than 
        commercial fishing) within a specific geographic region, the 
        Secretary shall authorize, for periods of not more than 1 year, 
        subject to such conditions as the Secretary may specify, the 
        incidental, but not intentional, taking by harassment of small 
        numbers of marine mammals of a species or population stock by 
        such citizens while engaging in that activity within that 
        region if the Secretary finds that such harassment during each 
        period concerned--
                    ``(I) will have a negligible impact on such species 
                or stock, and
                    ``(II) will not have an unmitigable adverse impact 
                on the availability of such species or stock for taking 
                for subsistence uses pursuant to subsection (b), or 
                section 109(f) or 119.
            ``(ii) The authorization for such activity shall prescribe, 
        where applicable--
                    ``(I) permissible methods of taking pursuant to 
                such activity, and other means of effecting the least 
                practicable impact on such species or stock and its 
                habitat, paying particular attention to rookeries, 
                mating grounds, and areas of similar significance, and 
                on the availability of such species or stock for 
                subsistence uses pursuant to subsection (b) or section 
                109(f) or 119,
                    ``(II) the measures that the Secretary determines 
                are necessary to ensure no unmitigable adverse impact 
                on the availability of the species or stock for 
                subsistence uses pursuant to subsection (b) or section 
                109(f) or 119, and
                    ``(III) requirements pertaining to the monitoring 
                and reporting of such taking, including requirements 
                for the independent peer review of proposed monitoring 
                plans or other research proposals where the proposed 
                activity may affect the availability of a species or 
                stock for taking for subsistence uses pursuant to 
                subsection (b) or section 109(f) or 119.
            ``(iii) The Secretary shall publish a proposed 
        authorization not later than 45 days after receiving an 
        application under this subparagraph and request public comment 
        through notice in the Federal Register, newspapers of general 
        circulation, and appropriate electronic media and to all 
        locally affected communities for a period of 30 days after 
        publication. Not later than 45 days after the close of the 
        public comment period, if the Secretary makes the findings set 
        forth in clause (i), the Secretary shall issue an authorization 
        with appropriate conditions to meet the requirements of clause 
        (ii).
            ``(iv) The Secretary may annually renew an authorization 
        issued under this subparagraph after providing for 30 days of 
        public comment and consulting with the parties affected by the 
        authorization, if the Secretary finds that the requirements of 
        clause (i) continue to be met.
            ``(v) The Secretary shall establish additional conditions 
        or restrictions on an authorization renewed under clause (iv) 
        if the Secretary finds, based on public comment, that such 
        conditions or restrictions are necessary to meet the provisions 
        of clause (ii).
            ``(vi) The Secretary shall modify, suspend, or revoke an 
        authorization if the Secretary finds that the provisions of 
        clauses (i) or (ii) are not being met.
            ``(vii) A person conducting an activity for which an 
        authorization has been granted under this subparagraph shall 
        not be subject to the penalties of this Act for taking by 
        harassment that occurs in compliance with such authorization.
            ``(E) The Secretary may issue a permit under this paragraph 
        for periods of up to 3 years for the incidental, but not the 
        intentional, taking 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 (16 U.S.C. 1824(b)), 
        while engaging in commercial fishing operations, of small 
        numbers of marine mammals from a species or population stock 
        that is listed as an endangered species or threatened species 
        under the Endangered Species Act of 1973. Such permit may be 
        issued only if the Secretary determines, after notice and 
        opportunity for public comment, that--
                    ``(i) such taking will have a negligible impact on 
                the species or stock;
                    ``(ii) a program is in place which will allow 
                reliable estimation and monitoring of the level of 
                incidental take; and
                    ``(iii) a recovery plan has been developed or is in 
                the process of being developed for the species or stock 
                pursuant to the Endangered Species Act of 1973. A 
                permit may be issued under this subparagraph to an 
                organization representing more than 1 individual or 
                fishing vessel.
            ``(F) If the Secretary determines that the issuance of a 
        permit under this paragraph for a species or stock has resulted 
        or is likely to result in levels of incidental takes which will 
        have an impact that is more than negligible on the species or 
        stock, the Secretary shall modify, suspend, or revoke the 
        permit. In making a determination under this subparagraph, the 
        Secretary shall consider the level of incidental takes by each 
        permit holder in a fishery and whether a permit holder has 
        failed to comply with the terms and conditions of the permit. 
        The Secretary shall notify the permit holder before modifying, 
        suspending, or revoking a permit.
            ``(G) The Secretary shall prescribe such procedures as are 
        necessary to carry out this paragraph, including the form and 
        manner in which application for permits may be made.
            ``(H) This paragraph shall not govern the incidental taking 
        of California sea otters and shall not be deemed to amend or 
        repeal the Act of November 7, 1986 (Public Law 99-625; 100 
        Stat. 3500).''.
            (7) by adding at the end the following new paragraph:
            ``(6)(A) A marine mammal product may be imported into the 
        United States if the product--
                    ``(i) was legally possessed and exported by any 
                citizen of the United States in conjunction with travel 
                outside the United States, provided that the product is 
                imported into the United States by the same person upon 
                the termination of travel and is registered at the time 
                of export and import;
                    ``(ii) was acquired outside of the United States as 
                part of a cultural exchange by an Indian, Aleut, or 
                Eskimo residing in Alaska, and is registered at the 
                time of import; or
                    ``(iii) is owned by a Native inhabitant of Russia, 
                Canada, or Greenland and is imported in conjunction 
                with travel within the United States or as part of a 
                cultural exchange with an Indian, Aleut, or Eskimo 
                residing in Alaska.
            ``(B) For the purposes of this paragraph, the term--
                    ``(i) `Native inhabitant of Russia, Canada, or 
                Greenland' means a person residing in Russia, Canada, 
                or Greenland who is related by blood to, is a member of 
                the same clan or ethnological grouping as, or shares a 
                common heritage with, an Indian, Aleut, or Eskimo 
                residing in Alaska; and
                    ``(ii) `cultural exchange' means the sharing or 
                exchange of ideas, information, gifts, clothing, or 
                handicrafts between an Indian, Aleut, or Eskimo 
                residing in Alaska and a Native inhabitant of Russia, 
                Canada, or Greenland, including for the purpose of 
                rendering of raw marine mammal parts into clothing or 
                handicrafts through carving, painting, sewing, or 
                decorating but does not include an exchange for 
                commercial purposes.
            ``(C) Raw marine mammal parts imported under subparagraph 
        (A)(ii) or (iii) shall be marked or tagged under the 
        requirements of section 109(i).''.
    (b) Section 101(c) is amended to read as follows:
    ``(c) It shall not be a violation of this Act to take a marine 
mammal if such taking is imminently necessary in self-defense or to 
save the life of a person in immediate danger, and such taking is 
reported to the Secretary within 48 hours.''.

SEC. 5. DEPLETION DETERMINATION.

    Section 101(b) (16 U.S.C. 1371) is amended by adding the following 
at the end: ``Before making a determination under this subsection that 
a species or stock of marine mammal is depleted, the Secretary shall 
identify and make available to the public the reasons for making a 
determination and provide opportunity, at the request of any interested 
party, for a hearing on the record with respect to the 
determination.''.

SEC. 6. PERMITS.

    (a) Prohibitions.--Section 102(a) (16 U.S.C. 1372(a)) is amended--
            (1) in paragraph (2)(B) by striking ``for any purpose in 
        any way connected with the taking or importation of'' and 
        inserting ``to take or import''; and
            (2) in paragraph (4) by--
                    (A) striking ``or offer to purchase or sell'' and 
                inserting ``export, or offer to purchase, sell, or 
                export'';
                    (B) striking ``product; and'' and inserting 
                ``product--''; and
                    (C) inserting after and below the text of the 
                paragraph the following:
                    ``(A) that is taken in violation of this Act; or
                    ``(B) for any purpose other than public display, 
                scientific research, or enhancing the survival of a 
                species or stock as provided for under subsection 
                104(c); and''.
    (b) Permits.--Section 104 (16 U.S.C. 1374) is amended--
            (1) in subsection (a) by inserting ``except for the 
        incidental taking of marine mammals in the course of commercial 
        fishing operations'' before the period at the end;
            (2) in subsection (c)--
                    (A) in paragraph (1) in the first sentence by 
                striking ``and after'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2)(A) A permit may be issued to take or import a marine 
        mammal for the purpose of public display only to a person which 
        the Secretary determines--
                    ``(i) offers a program for education or 
                conservation purposes that is based on professionally 
                recognized standards of the public display community;
                    ``(ii) is registered or holds a license issued 
                under 7 U.S.C. 2131; and
                    ``(iii) maintains facilities for the public display 
                of marine mammals that are open to the public on a 
                regularly scheduled basis and that access to such 
                facilities is not limited or restricted other than by 
                charging of an admission fee.
            ``(B) A permit under this paragraph shall grant to the 
        person to which it is issued the right, without obtaining any 
        additional permit or authorization under this Act, to--
                    ``(i) take, import, purchase, offer to purchase, 
                possess, or transport the marine mammal that is the 
                subject of the permit; and
                    ``(ii) sell, export, or otherwise transfer 
                possession of the marine mammal, or offer to sell, 
                export, or otherwise transfer possession of the marine 
                mammal--
                            ``(I) for the purpose of public display, to 
                        a person that meets the requirements of clauses 
                        (i), (ii), and (iii) of subparagraph (A);
                            ``(II) for the purpose of scientific 
                        research, to a person that meets the 
                        requirements of paragraph (3); or
                            ``(III) for the purpose of enhancing the 
                        survival or recovery of a species or stock, to 
                        a person that meets the requirements of 
                        paragraph (4).
            ``(C) A person to which a marine mammal is sold or exported 
        or to which possession of a marine mammal is otherwise 
        transferred under the authority of subparagraph (B) shall have 
        the rights and responsibilities described in subparagraph (B) 
        with respect to the marine mammal without obtaining any 
        additional permit or authorization under this Act. Such 
        responsibilities shall be limited to--
                    ``(i) for the purpose of public display, the 
                responsibility to meet the requirements of clauses (i), 
                (ii), and (iii) of subparagraph (A),
                    ``(ii) for the purpose of scientific research, the 
                responsibility to meet the requirements of paragraph 
                (3), and
                    ``(iii) for the purpose of enhancing the survival 
                or recovery of a species or stock, the responsibility 
                to meet the requirements of paragraph (4).
            ``(D) If the Secretary--
                    ``(i) finds in concurrence with the Secretary of 
                Agriculture, that a person that holds a permit under 
                this paragraph for a marine mammal, or a person 
                exercising rights under subparagraph (C), no longer 
                meets the requirements of subparagraph (A)(ii) and is 
                not reasonably likely to meet those requirements in the 
                near future, or
                    ``(ii) finds that a person that holds a permit 
                under this paragraph for a marine mammal, or a person 
                exercising rights under subparagraph (C), no longer 
                meets the requirements of subparagraph (A)(i) or (iii) 
                and is not reasonably likely to meet those requirements 
                in the near future,
        the Secretary may revoke the permit in accordance with section 
        104(e), seize the marine mammal, or cooperate with other 
        persons authorized to hold marine mammals under this Act for 
        disposition of the marine mammal. The Secretary may recover 
        from the person expenses incurred by the Secretary for that 
        seizure.
            ``(E) No marine mammal held pursuant to a permit issued 
        under subparagraph (A), or by a person exercising rights under 
        subparagraph (C), may be sold, purchased, exported, or 
        transported unless the Secretary is notified of such action no 
        later than 15 days before such action, and such action is for 
        purposes of public display, scientific research, or enhancing 
        the survival or recovery of a species or stock. The Secretary 
        may only require the notification to include the information 
        required for the inventory established under paragraph (10).'';
                    (C) by amending paragraph (3) to read as follows:
            ``(3)(A) The Secretary may issue a permit under this 
        paragraph for scientific research purposes that may result in a 
        taking of a marine mammal to an applicant which submits with 
        its permit application information indicating that the taking 
        is required to further a bona fide scientific purpose. The 
        Secretary may issue a permit under this paragraph before the 
        end of the public review and comment period required under 
        subsection (d)(2) if delaying issuance of the permit could 
        result in harm to a species, population, or individual, or in 
        loss of unique research opportunities.
            ``(B) No permit issued for purposes of scientific research 
        shall authorize the lethal taking of a marine mammal unless the 
        applicant demonstrates that a nonlethal method of conducting 
        the research is not feasible. The Secretary shall not issue a 
        permit for research which involves the lethal taking of a 
        marine mammal from a species or stock that is depleted, unless 
        the Secretary determines that the results of such research will 
        directly benefit that species or stock, or that such research 
        fulfills a critically important research need.
            ``(C) Not later than 120 days after the date of enactment 
        of the Marine Mammal Protection Act Amendments of 1994, the 
        Secretary shall issue a general authorization and implementing 
        regulations allowing bona fide scientific research that may 
        result only in taking by Level B harassment of a marine mammal. 
        Such authorization shall apply to persons which submit, by 60 
        days before commencement of such research, a letter of intent 
        via certified mail to the Secretary containing the following:
                    ``(i) The species or stocks of marine mammals which 
                may be harassed.
                    ``(ii) Geographic location of the research.
                    ``(iii) The period of time over which the research 
                will be conducted.
                    ``(iv) The purpose of the research, including a 
                description of how the definition of bona fide research 
                as established under this Act would apply.
                    ``(v) Methods to be used to conduct the research.
        Not later than 30 days after receipt of a letter of intent to 
        conduct scientific research under the general authorization, 
        the Secretary may notify the applicant that the proposed 
        research is likely to result in the taking, including Level A 
        harassment, of a marine mammal, and that subparagraph (A) 
        applies. If no such notification is received, the proposed 
        research shall be covered under the general authorization.''; 
        and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(5)(A) The Secretary may issue a permit for the 
        importation of polar bear parts (other than internal organs) 
        taken in sport hunts in Canada, including polar bears taken 
        prior to the date of enactment of the Marine Mammal Protection 
        Act Amendments of 1994, to an applicant which submits with its 
        permit application proof that the polar bear was legally 
        harvested in Canada. Such a permit shall be issued if the 
        Secretary, in consultation with the Marine Mammal Commission 
        and after notice and opportunity for public comment, finds 
        that--
                    ``(i) Canada has a monitored and enforced sport 
                hunting program consistent with the purposes of the 
                Agreement on the Conservation of Polar Bears;
                    ``(ii) Canada has a sport hunting program based on 
                scientifically sound quotas ensuring sustainable 
                populations;
                    ``(iii) the export and subsequent import are 
                consistent with the provisions of the Convention on 
                International Trade in Endangered Species of Wild Fauna 
                and Flora and other international agreements and 
                conventions; and
                    ``(iv) the export and subsequent import are not 
                likely to contribute to illegal trade in bear parts.
            ``(B) The Secretary shall establish and charge a reasonable 
        fee for permits issued under this paragraph. All fees collected 
        under this paragraph shall be available to the Secretary for 
        use in developing and implementing cooperative research and 
        management programs for the conservation of polar bears in 
        Alaska and Russia pursuant to section 113(d).
            ``(6) A permit may be issued for photography for 
        educational or commercial purposes involving marine mammals in 
        the wild only to an applicant which submits with its permit 
        application information indicating that the taking will be 
        limited to Level B harassment, and the manner in which the 
        products of such activities will be made available to the 
        public.
            ``(7) Upon request by a person for a permit under paragraph 
        (2), (3), or (4) for a marine mammal which is in the possession 
        of any person authorized to possess it under this Act and which 
        is determined under guidance under section 402(a) not to be 
        releasable to the wild, the Secretary shall issue the permit to 
        the person requesting the permit if that person--
                    ``(A) meets the requirements of clauses (i), (ii), 
                and (iii) of paragraph (2)(A), in the case of a request 
                for a permit under paragraph (2);
                    ``(B) meets the requirements of paragraph (3), in 
                the case of a request for a permit under that 
                paragraph; or
                    ``(C) meets the requirements of paragraph (4), in 
                the case of a request for a permit under that 
                paragraph.
            ``(8)(A) No additional permit or authorization shall be 
        required to possess, sell, purchase, transport, export, or 
        offer to sell or purchase the progeny of marine mammals taken 
        or imported under this subsection, if such possession, sale, 
        purchase, transport, export, or offer to sell or purchase is--
                    ``(i) for the purpose of public display, and by or 
                to, respectively, a person which meets the requirements 
                of clauses (i), (ii), and (iii) of paragraph (2)(A);
                    ``(ii) for the purpose of scientific research, and 
                by or to, respectively, a person which meets the 
                requirements of paragraph (3), or
                    ``(iii) for the purpose of enhancing the survival 
                or recovery of a species or stock, and by or to, 
                respectively, a person which meets the requirements of 
                paragraph (4).
            ``(B)(i) A person which has a permit under paragraph (2), 
        or a person exercising rights under paragraph (2)(C), which has 
        possession of a marine mammal that gives birth to progeny 
        shall--
                    ``(I) notify the Secretary of the birth of such 
                progeny within 30 days after the date of birth; and
                    ``(II) notify the Secretary of the sale, purchase, 
                or transport of such progeny no later than 15 days 
                before such action.
            ``(ii) The Secretary may only require notification under 
        clause (i) to include the information required for the 
        inventory established under paragraph (10).
            ``(C) Any progeny of a marine mammal born in captivity 
        before the date of the enactment of the Marine Mammal 
        Protection Act Amendments of 1994 and held in captivity for the 
        purpose of public display shall be treated as though born after 
        that date of enactment.
            ``(9) No marine mammal may be exported for the purpose of 
        public display, scientific research, or enhancing the survival 
        or recovery of a species or stock unless the receiving facility 
        meets standards that are comparable to the requirements that a 
        person must meet to receive a permit under this subsection for 
        that purpose.
            ``(10) The Secretary shall establish and maintain an 
        inventory of all marine mammals possessed pursuant to permits 
        issued under paragraph (2)(A), by persons exercising rights 
        under paragraph (2)(C), and all progeny of such marine mammals. 
        The inventory shall contain, for each marine mammal, only the 
        following information which shall be provided by a person 
        holding a marine mammal under this Act:
                    ``(A) The name of the marine mammal or other 
                identification.
                    ``(B) The sex of the marine mammal.
                    ``(C) The estimated or actual birth date of the 
                marine mammal.
                    ``(D) The date of acquisition or disposition of the 
                marine mammal by the permit holder.
                    ``(E) The source from whom the marine mammal was 
                acquired including the location of the take from the 
                wild, if applicable.
                    ``(F) If the marine mammal is transferred, the name 
                of the recipient.
                    ``(G) A notation if the animal was acquired as the 
                result of a stranding.
                    ``(H) The date of death of the marine mammal and 
                the cause of death when determined.''; and
            (3) in subsection (e)(1) by--
                    (A) striking ``or'' at the end of subparagraph (A);
                    (B) striking the period at the end of subparagraph 
                (B) and inserting ``, or''; and
                    (C) adding at the end the following new 
                subparagraph:
            ``(C) if, in the case of a permit under subsection (c)(5) 
        authorizing importation of polar bear parts, the Secretary, in 
        consultation with the appropriate authority in Canada, 
        determines that the sustainability of Canada's polar bear 
        populations are being adversely affected or that sport hunting 
        may be having a detrimental effect on maintaining polar bear 
        populations throughout their range.''.
    (c) Existing Permits.--Any permit issued under section 104(c)(2) of 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before 
the date of the enactment of this Act is hereby modified to be 
consistent with that section as amended by this Act.

SEC. 7. PURPOSE AND USE OF THE FUND.

    Section 405 (16 U.S.C. 1421d) as amended by this Act is further 
amended--
            (1)(A) in subsection (b)(1)(A) by striking ``and'' at the 
        end of clause (i); and
            (B) by inserting a new clause (iii) as follows:
                    ``(iii) for care and maintenance of a marine mammal 
                seized under section 104(c)(2)(C); and''; and
            (2) in subsection (d) by striking ``For purposes of 
        carrying out this title, the'' and inserting ``The''.

SEC. 8. APPLICATION TO OTHER TREATIES AND CONVENTIONS.

    Section 113 (16 U.S.C. 1383) is amended by--
            (1) designating the existing paragraph as subsection (a); 
        and
            (2) adding at the end the following new subsections:
    ``(b) Not later than 1 year after the date of enactment of the 
Marine Mammal Protection Act Amendments of 1994, the Secretary of the 
Interior shall, in consultation with the contracting parties, initiate 
a review of the effectiveness of the Agreement on the Conservation of 
Polar Bears, as provided for in Article IX of the Agreement, and 
establish a process by which future reviews shall be conducted.
    ``(c) The Secretary of the Interior, in consultation with the 
Secretary of State and the Marine Mammal Commission, shall review the 
effectiveness of United States implementation of the Agreement on the 
Conservation of Polar Bears, particularly with respect to the habitat 
protection mandates contained in Article II. The Secretary shall report 
the results of this review to the Committee on Merchant Marine and 
Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate not later than 
April 1, 1995.
    ``(d) Not later than 6 months after the date of enactment of the 
Marine Mammal Protection Act Amendments of 1994, the Secretary of the 
Interior, acting through the Secretary of State and in consultation 
with the Marine Mammal Commission and the State of Alaska, shall 
consult with the appropriate officials of the Russian Federation on the 
development and implementation of enhanced cooperative research and 
management programs for the conservation of polar bears in Alaska and 
Russia. The Secretary shall report the results of this consultation and 
provide periodic progress reports on the research and management 
programs to the Committee on Merchant Marine and Fisheries of the House 
of Representatives and the Committee on Commerce, Science and 
Transportation of the Senate.''.

SEC. 9. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING 
              OPERATIONS; COOPERATIVE AGREEMENTS IN ALASKA.

    (a) In General.--Title I (16 U.S.C. 1371 et seq.) is amended by 
adding at the end the following new sections:

``SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING 
              OPERATIONS.

    ``(a) In General.--
            ``(1) Effective on the date of enactment of the Marine 
        Mammal Protection Act Amendments of 1994 and except as provided 
        in paragraphs (2), (3), and (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 (16 U.S.C. 1824(b)). 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 a 
        zero mortality and serious injury rate within 5 years after the 
        date of enactment of the Marine Mammal Protection Act 
        Amendments of 1994.
            ``(2) Section 101 and not this section shall govern the 
        incidental taking of a marine mammal listed as an endangered 
        species or threatened species under the Endangered Species Act 
        of 1973.
            ``(3) Section 104(h) and title III and not this section 
        shall govern the taking of marine mammals in the course of 
        commercial purse seine fishing for yellowfin tuna in the 
        eastern tropical Pacific Ocean.
            ``(4) This section shall not govern the incidental taking 
        of California sea otters and shall not be deemed to amend or 
        repeal the Act of November 7, 1986 (Public Law 99-625; 100 
        Stat. 3500).
            ``(5) Except as provided in section 101(c), the intentional 
        lethal take of any marine mammal in the course of commercial 
        fishing operations is prohibited.
    ``(b) Scientific Consultation.--
            ``(1) Not later than 60 days after the date of enactment of 
        the Marine Mammal Protection Act Amendments of 1994, the 
        Secretary shall, in consultation with the Marine Mammal 
        Commission, establish independent scientific review groups 
        representing Alaska, the Pacific coast (including Hawaii), the 
        Gulf of Mexico, and the Atlantic coast consisting of 
        individuals with expertise in marine mammal biology and 
        ecology, population dynamics and modeling, and commercial 
        fishing technology and practices, and representatives of 
        coastal States, for the purposes of reviewing proposed actions 
        under this section. The groups shall advise the Secretary on--
                    ``(A) population estimates for those marine mammal 
                stocks taken incidental to commercial fishing 
                operations;
                    ``(B) the population status and trends of such 
                stocks;
                    ``(C) uncertainties and research needed regarding 
                stock separation, abundance, or trends, and factors 
                affecting the distribution, size, or productivity of 
                the stock;
                    ``(D) uncertainties and research needed regarding 
                the species, number, ages, gender, and reproductive 
                status of marine mammals taken incidental to commercial 
                fishing operations;
                    ``(E) research needed to identify modifications in 
                fishing gear and practices likely to reduce the 
                mortality and serious injury of marine mammals 
                incidental to commercial fishing operations;
                    ``(F) the potential impacts of habitat destruction, 
                including marine pollution and natural environmental 
                change, on specific marine mammal species or stocks; 
                and
                    ``(G) any other issue which the Secretary or the 
                groups consider appropriate.
            ``(2) The scientific review groups established under this 
        subsection shall not be subject to the Federal Advisory 
        Committee Act (5 App. U.S.C.).
            ``(3) Members of the scientific review groups shall serve 
        without compensation, but may be reimbursed by the Secretary, 
        upon request, for reasonable travel costs and expenses incurred 
        in performing their obligations.
    ``(c) Stock Assessments and Determinations of Strategic Stocks.--
            ``(1) Not later than 60 days after the establishment of the 
        scientific review groups under subsection (b), the Secretary 
        shall, in consultation with the scientific review groups, 
        prepare proposed stock assessments of each marine mammal stock 
        which occurs in waters under the jurisdiction of the United 
        States and which is taken incidental to commercial fishing 
        operations, and shall publish notice of its availability in the 
        Federal Register for public review and comment for a period 
        which shall not exceed 60 days. Each proposed stock assessment 
        shall include--
                    ``(A) the area in which each stock is located and, 
                if migratory, the season of its location in that area;
                    ``(B) the best available estimates of minimum 
                population size, most likely population size, stock 
                separation, productivity, current population trend, and 
                estimated optimum sustainable population range if 
                available;
                    ``(C) estimates of total lethal and serious injury 
                take from each stock by source and, for depleted 
                stocks, other factors that may cause the further 
                decline or impede the recovery of that stock, including 
                impacts on marine mammal habitat and prey;
                    ``(D) a description of the commercial fisheries 
                that may incur incidental lethal and serious injury 
                takes from each stock, including--
                            ``(i) the approximate number of vessels 
                        actively participating in each fishery;
                            ``(ii) the best available estimates of 
                        incidental lethal and serious injury take from 
                        the stock by each fishery on an annual basis;
                            ``(iii) seasonal or area differences in 
                        levels of such take; and
                            ``(iv) the rate at which such take occurs, 
                        based on the appropriate standard unit of 
                        fishing effort, with an analysis of whether the 
                        rate at which the take occurs is exceeding or 
                        has achieved insignificant levels approaching a 
                        zero mortality and serious injury rate;
                    ``(E) the status of each stock, specifying--
                            ``(i) whether the stock has been determined 
                        to be within its optimum sustainable population 
                        range, is depleted, is listed as a threatened 
                        species or endangered species under the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.), or is a strategic stock; or
                            ``(ii) that the status of the stock is 
                        unknown;
                    ``(F) the estimated potential biological removal 
                level for each stock and the factors used to calculate 
                it; and
                    ``(G) the information or sources of information 
                upon which the assessment is based.
            ``(2) Not later than 90 days after the close of the public 
        comment period on a proposed stock assessment, the Secretary 
        shall publish a final stock assessment and make it available to 
        the public.
            ``(3) The Secretary shall review stock assessments in 
        accordance with this subsection--
                    ``(A) at least annually for stocks which are--
                            ``(i) specified as strategic stocks in a 
                        final stock assessment under this subsection;
                            ``(ii) listed as a threatened species or 
                        endangered species under the Endangered Species 
                        Act of 1973 (16 U.S.C. 1531 et seq.);
                    ``(B) at least annually for stocks for which 
                significant new information is available; and
                    ``(C) at least once every 3 years for all other 
                stocks.
            ``(4) Nothing in this subsection shall prevent the 
        Secretary from publishing stock assessments for strategic 
        stocks in an expedited fashion.
    ``(d) Authorization To Take Marine Mammals.--
            ``(1) Not later than 30 days after the date of the 
        publication of the final stock assessments under subsection 
        (c), or September 1, 1995, whichever is earlier, the Secretary 
        shall issue a general authorization and implementing 
        regulations allowing incidental, but not intentional, taking of 
        marine mammals in the course of commercial fishing operations 
        subject to the provisions of this section. The implementing 
        regulations shall identify the fisheries in which vessels shall 
        be considered to be operating under the general authorization 
        and shall establish additional permit requirements for 
        fisheries that are not so identified under the general 
        authorization.
            ``(2) The Secretary shall, within 90 days after the date of 
        enactment of this section--
                    ``(A) publish in the Federal Register for public 
                comment, for a period of not less than 90 days, any 
                necessary changes to the Secretary's list of commercial 
                fisheries published under section 114(b)(1) and which 
                is in existence on March 31, 1994 (along with an 
                explanation of such changes and a statement of the 
                marine mammals and the approximate number of vessels or 
                persons actively involved in each such fishery), that 
                have--
                            ``(i) frequent incidental taking of marine 
                        mammals;
                            ``(ii) occasional incidental taking of 
                        marine mammals; or
                            ``(iii) a remote likelihood of or no known 
                        incidental taking of marine mammals;
                    ``(B) after the close of the period for such public 
                comment, publish in the Federal Register a revised list 
                of commercial fisheries and an update of information 
                required by subparagraph (A), together with a summary 
                of the provisions of this section and information 
                sufficient to advise vessel owners on how to obtain an 
                authorization and otherwise comply with the 
                requirements of this section; and
                    ``(C) at least once each year thereafter, and at 
                such other times as the Secretary considers 
                appropriate, reexamine, based on information gathered 
                under this Act and other relevant sources and after 
                notice and opportunity for public comment, the 
                classification of commercial fisheries and other 
                determinations required under subparagraph (A) and 
                publish in the Federal Register any necessary changes.
            ``(3)(A) An authorization shall be granted by the Secretary 
        in accordance with this section for a vessel engaged in a 
        commercial fishery listed under paragraph (2)(A)(i) or (ii), 
        upon receipt by the Secretary of a completed registration form 
        providing the name of the vessel owner and operator, the name 
        and description of the vessel, the fisheries in which it will 
        be engaged, the approximate time, duration, and location of 
        such fishery operations, and the general type and nature of use 
        of the fishing gear and techniques used. Such information shall 
        be in a readily usable format that can be efficiently entered 
        into and utilized by an automated or computerized data 
        processing system. A decal or other physical evidence that the 
        authorization is current and valid shall be issued by the 
        Secretary at the time an authorization is granted, and so long 
        as the authorization remains current and valid, shall be 
        reissued annually thereafter.
            ``(B) No authorization may be granted under this section to 
        the owner of a vessel unless such vessel--
                    ``(i) is a vessel of the United States; or
                    ``(ii) has a valid fishing permit issued by the 
                Secretary in accordance with section 204(b) of the 
                Magnuson Fishery Conservation and Management Act (16 
                U.S.C. 1824(b)).
            ``(C) Except as provided in subsection (a), an 
        authorization granted under this section shall allow the 
        incidental taking of all species and stocks of marine mammals 
        to which this Act applies.
            ``(4)(A) An owner of a vessel engaged in any fishery listed 
        under paragraph (2)(A)(i) or (ii) shall, in order to engage in 
        the lawful incidental taking of marine mammals in a commercial 
        fishery--
                    ``(i) have registered as required under paragraph 
                (3) with the Secretary in order to obtain for each such 
                vessel owned and used in the fishery an authorization 
                for the purpose of incidentally taking marine mammals 
                in accordance with this section, except that owners of 
                vessels holding valid certificates of exemption under 
                section 114 are deemed to have registered for purposes 
                of this subsection for the period during which such 
                registration is valid;
                    ``(ii) ensure that a decal or such other physical 
                evidence of a current and valid authorization as the 
                Secretary may require is displayed on or is in the 
                possession of the master of each such vessel;
                    ``(iii) report as required by subsection (h); and
                    ``(iv) comply with a take reduction plan and 
                emergency regulations issued under this section.
            ``(B) Any owner of a vessel receiving an authorization 
        under this section for any fishery listed under paragraph 
        (2)(A)(i) or (ii) shall, as a condition of that authorization, 
        take on board an observer if requested to do so by the 
        Secretary.
            ``(C) An owner of a vessel engaged in a fishery listed 
        under paragraph (2)(A)(i) or (ii) who--
                    ``(i) fails to obtain from the Secretary an 
                authorization for such vessel under this section;
                    ``(ii) fails to maintain a current and valid 
                authorization for such vessel; or
                    ``(iii) fails to ensure that a decal or other 
                physical evidence of such authorization issued by the 
                Secretary is displayed on or is in possession of the 
                master of the vessel,
        and the master of any such vessel engaged in such fishery, 
        shall be deemed to have violated this title, and for violations 
        of clauses (i) and (ii) shall be subject to the penalties of 
        this title, and for violations of clause (iii) shall be subject 
        to a fine of not more than $100 for each offense.
            ``(D) If the owner of a vessel has obtained and maintains a 
        current and valid authorization from the Secretary under this 
        section and meets the requirements set forth in this section, 
        including compliance with any regulations to implement a take 
        reduction plan under this section, the owner of such vessel, 
        and the master and crew members of the vessel, shall not be 
        subject to the penalties set forth in this title for the 
        incidental taking of marine mammals while such vessel is 
        engaged in a fishery to which the authorization applies.
            ``(E) Each owner of a vessel engaged in any fishery not 
        listed under paragraph (2)(A)(i) or (ii), and the master and 
        crew members of such a vessel, shall not be subject to the 
        penalties set forth in this title for the incidental taking of 
        marine mammals if such owner reports to the Secretary, in the 
        form and manner required under subsection (h), instances of 
        incidental mortality or injury of marine mammals in the course 
        of that fishery.
            ``(5) The Secretary shall suspend or revoke an 
        authorization granted under this section and shall not issue a 
        decal or other physical evidence of the authorization for any 
        vessel until the owner of such vessel complies with the 
        reporting requirements under subsection (h) and such 
        requirements to take on board an observer under paragraph 
        (4)(B) as are applicable to such vessel. Previous failure to 
        comply with the requirements of section 114 shall not bar 
        authorization under this section for an owner who complies with 
        the requirements of this section. The Secretary may suspend or 
        revoke an authorization granted under this subsection, and may 
        not issue a decal or other physical evidence of the 
        authorization for any vessel which fails to comply with a take 
        reduction plan or emergency regulations issued under this 
        section.
            ``(6)(A) The Secretary shall develop, in consultation with 
        the appropriate States, affected Regional Fishery Management 
        Councils, and other interested persons, the means by which the 
        granting and administration of authorizations under this 
        section shall be integrated and coordinated, to the maximum 
        extent practicable, with existing fishery licenses, 
        registrations, and related programs.
            ``(B) The Secretary shall utilize newspapers of general 
        circulation, fishery trade associations, electronic media, and 
        other means of advising commercial fishermen of the provisions 
        of this section and the means by which they can comply with its 
        requirements.
            ``(C) The Secretary is authorized to charge a fee for the 
        granting of an authorization under this section. The level of 
        fees charged under this subparagraph shall not exceed the 
        administrative costs incurred in granting an authorization. 
        Fees collected under this subparagraph shall be available to 
        the Under Secretary of Commerce for Oceans and Atmosphere for 
        expenses incurred in the granting and administration of 
        authorizations under this section.
    ``(e) Take Reduction Teams.--
            ``(1) No later than 30 days after the publication of a 
        final stock assessment under subsection (c), the Secretary 
        shall establish take reduction teams for those marine mammal 
        species or stocks which are specified as strategic stocks in 
        final stock assessments under subsection (c) and publish notice 
        of that establishment in the Federal Register. The Secretary 
        shall establish take reduction teams for stocks which are not 
        specified as strategic stocks in final stock assessments under 
        subsection (c), as the Secretary considers necessary in 
        accordance with subsection (f).
            ``(2) The Secretary may request a take reduction team to 
        consider and provide advice on measures necessary to reduce 
        incidental lethal takes from a marine mammal stock whose range 
        extends over more than 1 region, or on multiple marine mammal 
        stocks within a region.
            ``(3) Members of take reduction teams shall have expertise 
        regarding the conservation or biology of the marine mammal 
        species which the incidental take plan will address, or the 
        fishing practices involved in the incidental lethal taking of 
        such species. Members shall include representatives of Federal 
        agencies, each coastal State which has fisheries which interact 
        with the species or stock, appropriate Regional Fishery 
        Management Councils, interstate fisheries commissions, academic 
        and scientific organizations, environmental groups, all 
        commercial and recreational fisheries groups and gear types 
        which incidentally take the species or stock, Alaska Native 
        organizations or Indian tribal organizations, and others as the 
        Secretary deems appropriate. Take reduction teams shall, to the 
        maximum extent practicable, consist of an equitable balance 
        among representatives of resource user interests and nonuser 
        interests.
            ``(4) Take reduction teams shall not be subject to the 
        Federal Advisory Committee Act (5 App. U.S.C.). Meetings of 
        take reduction teams shall be open to the public, and prior 
        notice of meetings shall be made public in a timely fashion.
            ``(5) Members of take reduction teams shall serve without 
        compensation. Members of take reduction teams who are not 
        Federal or State government employees shall be reimbursed by 
        the Secretary, upon request, for reasonable travel costs and 
        expenses incurred in performing their obligations.
    ``(f) Take Reduction Plans.--
            ``(1) The Secretary shall issue take reduction plans for 
        marine mammal stocks in accordance with this subsection. The 
        immediate goal of a take reduction plan shall be reduce, within 
        1 year of its implementation, the lethal take or serious injury 
        of marine mammals incidentally taken in the course of 
        commercial fishing operations to levels less than the potential 
        biological removal level established in this section. The long-
        term goal of the plan shall be to reduce, within 5 years of its 
        implementation, the lethal take or serious injury of marine 
        mammals incidentally taken in the course of commercial fishing 
        operations to insignificant levels approaching a zero mortality 
        and serious injury rate, taking into account the economics of 
        the fishery, the availability of existing technology, and 
        existing State or regional fishery management plans.
            ``(2) 2 years after the issuance of the general 
        authorization under subsection (d), the Secretary shall review 
        the progress, by fishery, toward reducing incidental lethal 
        takes and serious injury of marine mammals in the course of 
        commercial fishing operations to insignificant levels 
        approaching a zero mortality and serious injury rate. The 
        Secretary shall submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Merchant 
        Marine and Fisheries of the House of Representatives a report 
        setting forth the results of such review within 1 year after 
        commencement of the review.
            ``(3) The Secretary shall give priority to the development 
        of take reduction plans for marine mammal stocks or species--
                    ``(A) which are specified as strategic stocks and 
                which are incidentally taken in fisheries listed under 
                subsection (d)(2)(A)(i);
                    ``(B) which are specified as strategic stocks and 
                which are incidentally taken in fisheries listed under 
                subsection (d)(2)(A)(ii); and
                    ``(C) which are not specified as strategic stocks 
                but which the Secretary finds are approaching strategic 
                stock status.
            ``(4) Each take reduction plan shall include--
                    ``(A) a review of the information in the final 
                stock assessment published under subsection (c) and any 
                new information;
                    ``(B) an estimate of the total number and, if 
                possible, age and gender, of animals from the stock 
                that are being incidentally lethally taken each year 
                during the course of commercial fishing operations, by 
                fishery;
                    ``(C) recommended regulatory or voluntary measures 
                for the reduction of incidental lethal takes; and
                    ``(D) recommended dates for achieving the specific 
                objectives of the plan.
            ``(5) Recommended take reduction plans developed by a take 
        reduction team under this subsection for submission to the 
        Secretary shall be developed by consensus. In the event that a 
        consensus cannot be reached, the team shall advise the 
        Secretary on the range of possibilities considered by the team, 
        and the views of both the majority and the minority. The 
        Secretary shall then propose a take reduction plan consistent 
        with the provisions of this subsection.
            ``(6) In the case of those marine mammal species or stocks 
        which are specified as strategic stocks in final stock 
        assessments under subsection (c), the following provisions 
        apply:
                    ``(A) Not later than 6 months after the date of 
                establishment of a take reduction team for that stock, 
                the take reduction team shall recommend a take 
                reduction plan to the Secretary, consistent with the 
                other provisions of this subsection.
                    ``(B) The Secretary shall consider the recommended 
                take reduction plan and, not later than 60 days after 
                the submission of the recommended take reduction plan, 
                the Secretary shall publish in the Federal Register the 
                recommended take reduction plan, any changes proposed 
                by the Secretary along with the reason for the proposed 
                changes, and proposed implementing regulations, for 
                public review and comment.
                    ``(C) If the take reduction team does not recommend 
                a take reduction plan to the Secretary within 6 months, 
                the Secretary shall, not later than 8 months after the 
                establishment of the take reduction team, publish in 
                the Federal Register a proposed take reduction plan and 
                proposed implementing regulations, for public review 
                and comment.
                    ``(D) Not later than 60 days after the close of the 
                comment period required under this paragraph, the 
                Secretary shall issue a final take reduction plan and 
                implementing regulations, consistent with the other 
                provisions of this subsection. If the Secretary rejects 
                or significantly modifies a plan recommended under 
                subparagraph (B), the Secretary shall notify the take 
                reduction team and specify in writing the reasons for 
                the rejection or modification.
                    ``(E) The Secretary and the take reduction team 
                shall meet every 6 months to monitor the implementation 
                of the take reduction plan until such time as the 
                Secretary determines that meetings are no longer 
                necessary.
            ``(7) In the case of those marine mammal species or stocks 
        which are not specified as strategic stocks in final stock 
        assessments under subsection (c), the following provisions 
        apply:
                    ``(A) Within 11 months after the establishment of 
                the take reduction team, the team shall recommend a 
                take reduction plan for that stock to the Secretary, 
                consistent with the other provisions of this 
                subsection.
                    ``(B) The Secretary shall consider the recommended 
                take reduction plan and, not later than 60 days after 
                the submission of the recommended take reduction plan, 
                the Secretary shall publish in the Federal Register the 
                recommended take reduction plan, any changes proposed 
                by the Secretary along with the reason for the proposed 
                changes, and proposed implementing regulations for 
                public review and comment.
                    ``(C) If the take reduction team does not recommend 
                a take reduction plan to the Secretary within 11 
                months, the Secretary shall, not later than 13 months 
                after the establishment of the take reduction team, 
                publish in the Federal Register a proposed take 
                reduction plan and implementing regulations for public 
                review and comment.
                    ``(D) Not later than 60 days after the close of the 
                comment period required under this paragraph, the 
                Secretary shall issue a final take reduction plan and 
                implementing regulations, consistent with the other 
                provisions of this subsection. If the Secretary rejects 
                or significantly modifies a plan recommended under 
                subparagraph (B), the Secretary shall notify the take 
                reduction team and specify in writing the reasons for 
                the rejection or modification.
                    ``(E) The Secretary and the take reduction team 
                shall meet on an annual basis to monitor the 
                implementation of the take reduction plan until such 
                time as the Secretary determines that meetings are no 
                longer necessary.
            ``(8) If a take reduction plan does not achieve its 
        immediate goal of reducing incidental lethal takes in the 
        course of commercial fishing operations to levels less than the 
        potential biological removal level within 1 year, or its long-
        term goal of reducing incidental lethal takes in the course of 
        commercial fishing operations to insignificant levels 
        approaching a zero mortality and serious injury rate within 5 
        years, the Secretary shall, in consultation with the take 
        reduction team, amend the take reduction plan and implementing 
        regulations as necessary to achieve the goal, consistent with 
        the procedures in this subsection for the issuance of such 
        plans and regulations.
            ``(9) In implementing a take reduction plan issued pursuant 
        to this subsection, the Secretary may promulgate regulations 
        which include measures which--
                    ``(A) establish fishery-specific limits on 
                incidental lethal takes;
                    ``(B) restrict commercial fisheries by time or 
                area;
                    ``(C) require the use of alternative gear 
                techniques or technology, and encourage the development 
                of such gear or technology;
                    ``(D) educate commercial fishermen and others on 
                the importance and means of reducing incidental lethal 
                takes of marine mammals; and
                    ``(E) in promulgating such regulations, the 
                Secretary shall conform such regulations, to the 
                maximum extent practicable, with State or regional 
                fishery management plans.
            ``(10) If the Secretary finds that a significant level of 
        incidental lethal taking of a marine mammal stock is occurring 
        within a fishery within the jurisdiction of a State, the 
        Secretary and take reduction team shall consult with State 
        fishery managers to develop a take reduction plan for that 
        fishery.
    ``(g) Emergency Regulations.--(1) If the Secretary finds that the 
incidental lethal take and serious injury of marine mammals from 
commercial fisheries is having, or is likely to have, an immediate and 
significant adverse impact on a stock or species, the Secretary shall 
take actions as follows:
            ``(A) In the case of a stock or species for which a take 
        reduction plan is in effect, the Secretary shall--
                    ``(i) prescribe emergency regulations that, 
                consistent with such plan to the maximum extent 
                practicable, reduce incidental lethal take and serious 
                injury in that fishery; and
                    ``(ii) approve and implement, on an expedited 
                basis, any amendments to such plan that are recommended 
                by the take reduction team to address such adverse 
                impact.
            ``(B) In the case of a stock or species for which a take 
        reduction plan is being developed, the Secretary shall--
                    ``(i) prescribe emergency regulations to reduce 
                such incidental lethal take and serious injury in that 
                fishery; and
                    ``(ii) approve and implement, on an expedited 
                basis, such plan, which shall provide methods to 
                address such adverse impact if still necessary.
            ``(C) In the case of a stock or species for which a take 
        reduction plan does not exist and is not being developed, or in 
        the case of a commercial fishery listed under subsection 
        (d)(1)(A)(iii) which the Secretary believes may be contributing 
        to such adverse impact, the Secretary shall--
                    ``(i) prescribe emergency regulations to reduce 
                such incidental lethal take and serious injury in that 
                fishery, to the extent necessary to mitigate such 
                adverse impact;
                    ``(ii) immediately review the stock assessment for 
                such stock or species and the classification of such 
                commercial fishery under this section to determine if a 
                take reduction team should be established; and
                    ``(iii) may, where necessary to address such 
                adverse impact, place observers on vessels in a 
                commercial fishery listed under subsection 
                (d)(2)(A)(iii), if the Secretary has reason to believe 
                such vessels may be causing the incidental lethal take 
                and serious injury to marine mammals from such stock 
                and the vessel owner agrees to take an observer on 
                board.
    ``(2) Prior to taking action under paragraph (1)(A), (B), or (C), 
the Secretary shall consult with the Marine Mammal Commission, all 
appropriate Regional Fishery Management Councils, State fishery 
managers, and the appropriate take reduction team (if established).
    ``(3) Emergency regulations prescribed under this subsection--
            ``(A) shall be published in the Federal Register, together 
        with an explanation thereof;
            ``(B) shall remain in effect for not more than 180 days or 
        until the end of the applicable commercial fishing season, 
        whichever is earlier; and
            ``(C) may be terminated by the Secretary at an earlier date 
        by publication in the Federal Register of a notice of 
        termination, if the Secretary determines that the reasons for 
        emergency regulations no longer exist.
    ``(h) Reporting Requirement.--The owner or operator of a commercial 
fishing vessel subject to this Act shall report all incidental 
mortality and serious injury of marine mammals in the course of 
commercial fishing operations to the Secretary by mail or other means 
acceptable to the Secretary within 48 hours after the end of each 
fishing trip on a standard form to be developed by the Secretary under 
this section. Such form shall be readily usable by an automated or 
computerized data processing system and shall require the vessel owner 
or operator to provide the following:
            ``(1) The vessel name, and Federal, State, or tribal 
        registration numbers of the registered vessel.
            ``(2) The name and address of the vessel owner or operator.
            ``(3) The name and description of the fishery.
            ``(4) The species of each marine mammal incidentally killed 
        or seriously injured, and the date, time, and approximate 
        geographic location of such occurrence.
    ``(i) Monitoring of Incidental Takes.--
            ``(1) The Secretary shall establish a program to monitor 
        incidental lethal takes and serious injury of marine mammals 
        during the course of commercial fishing operations. The 
        purposes of the monitoring program shall be to--
                    ``(A) obtain statistically reliable estimates of 
                incidental lethal takes and serious injury;
                    ``(B) determine the reliability of reports of 
                incidental lethal takes and serious injury under 
                subsection (h); and
                    ``(C) identify changes in fishing methods or 
                technology that may increase or decrease incidental 
                lethal takes.
            ``(2) Pursuant to paragraph (1), the Secretary may place 
        observers on board vessels as necessary, subject to the 
        provisions of this section. Observers may, among other tasks--
                    ``(A) record incidental mortality or by-catch of 
                other nontarget species;
                    ``(B) record numbers of marine mammals sighted; and
                    ``(C) perform other scientific investigations.
            ``(3) In 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 statistically 
                reliable information.
                    ``(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) To the extent practicable, the need to 
                minimize costs and avoid duplication.
            ``(4) To the extent practicable, the Secretary shall 
        allocate observers among fisheries consistent with the 
        following priorities:
                    ``(A) First, fisheries that incidentally lethally 
                take or seriously injure marine mammals from stocks 
                that are depleted because of their listing as an 
                endangered species or threatened species under the 
                Endangered Species Act of 1973.
                    ``(B) Second, fisheries that incidentally lethally 
                take or seriously injure marine mammals from stocks 
                which are specified as strategic stocks in final stock 
                assessments under subsection (c).
                    ``(C) Third, fisheries that incidentally lethally 
                take or seriously injure marine mammals from stocks for 
                which the level of incidental lethal takes is unknown 
                but is suspected to be high.
                    ``(D) Fourth, species not described in subparagraph 
                (A), (B), or (C).
            ``(5) The Secretary may establish an alternative observer 
        program to provide statistically reliable information on the 
        species and number of marine mammals incidentally taken in the 
        course of commercial fishing operations. The alternative 
        observer program may include direct observation of fishing 
        activities from vessels, airplanes, or points on shore.
            ``(6) The Secretary is not required to place an observer on 
        a vessel in a fishery if the Secretary finds that--
                    ``(A) in a situation in which harvesting vessels 
                are delivering fish to a processing vessel and the 
                catch is not taken on board the harvesting vessel, 
                statistically reliable information can be obtained from 
                an observer on board the processing vessel to which the 
                fish are delivered;
                    ``(B) the facilities on a vessel for quartering of 
                an observer, or for carrying out observer functions, 
                are so inadequate or unsafe that the health or safety 
                of the observer or the safe operation of the vessel 
                would be jeopardized; or
                    ``(C) for reasons beyond the control of the 
                Secretary, an observer is not available.
            ``(7) Any proprietary information collected under this 
        subsection shall be confidential and shall not be disclosed 
        except--
                    ``(A) to Federal employees whose duties require 
                access to such information;
                    ``(B) to State or tribal employees pursuant to an 
                agreement with the Secretary that prevents public 
                disclosure of the identity or business of any person;
                    ``(C) when required by court order; or
                    ``(D) in the case of scientific information 
                involving fisheries, to employees of Regional Fishery 
                Management Councils who are responsible for fishery 
                management plan development and monitoring.
            ``(8) The Secretary shall prescribe such procedures as may 
        be necessary to preserve such confidentiality, except that the 
        Secretary shall release or make public upon request any such 
        information in aggregate, summary, or other form which does not 
        directly or indirectly disclose the identity or business of any 
        person.
    ``(j) Penalties.--Any person who violates the provisions of this 
section shall be subject to the provisions of sections 105, 106, and 
107 as the Secretary considers appropriate.
    ``(k) Assistance.--The Secretary shall provide assistance to 
Regional Fishery Management Councils, States, interstate fishery 
commissions, and Indian tribal organizations in meeting the goal of 
reducing incidental lethal takes and serious injury to insignificant 
levels approaching a zero mortality and serious injury rate.
    ``(l) Contributions.--For purposes of carrying out this section, 
the Secretary may accept, solicit, receive, hold, administer, and use 
gifts, devises, and bequests.
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for carrying out this section 
$15,000,000 for each of fiscal years 1994, 1995, 1996, 1997, 1998, and 
1999.
    ``(n) Section 101(b).--Nothing in this section shall affect section 
101(b).
    ``(o) Consultation with Secretary of the Interior.--The Secretary 
shall consult with the Secretary of the Interior prior to taking 
actions or making determinations under this section that affect or 
relate to species or population stocks of marine mammals for which the 
Secretary of the Interior is responsible under this title.
    ``(p) Definitions.--As used in this section--
            ``(1) the term `fishery' has the same meaning as it does in 
        section 3 of the Magnuson Fishery Conservation and Management 
        Act (16 U.S.C. 1802);
            ``(2) the term `Secretary' means the Secretary of Commerce; 
        and
            ``(3) the term `vessel of the United States' has the same 
        meaning as it does in section 3 of the Magnuson Fishery 
        Conservation and Management Act (16 U.S.C. 1802).

``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

    ``(a) In General.--The Secretary may enter into cooperative 
agreements with Alaska Native organizations to conserve marine mammals 
and provide comanagement of subsistence use by Alaska Natives.
    ``(b) Grants.--Agreements entered into under this section may 
include grants to Alaska Native organizations for, among other 
purposes--
            ``(1) collection and analysis of data on marine mammal 
        populations;
            ``(2) monitoring the harvest of marine mammals for 
        subsistence use;
            ``(3) participating in marine mammal research conducted by 
        the Federal Government, States, academic institutions, and 
        private organizations; and
            ``(4) developing marine mammal co-management structures 
        with Federal and State agencies.
    ``(c) Effect of Jurisdiction.--
            ``(1) Nothing in this section is intended or shall be 
        construed as authorizing any expansion or change in the 
        respective jurisdiction of Federal, State, or tribal 
        governments over fish and wildlife resources.
            ``(2) Nothing in this section is intended or shall be 
        construed to alter in any respect the existing political or 
        legal status of Alaska Natives, or the governmental or 
        jurisdictional status of Alaska Native communities or Alaska 
        Native entities.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section--
            ``(1) $1,500,000 to the Secretary of Commerce for each of 
        fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and
            ``(2) $1,000,000 to the Secretary of the Interior for each 
        of fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.''.
    (b) Clerical Amendment.--The table of contents in the first 
section, as amended by section 14(b), is 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.''.

SEC. 10. PINNIPED TASK FORCE; MANAGEMENT OF CALIFORNIA SEA LIONS AND 
              PACIFIC HARBOR SEALS.

    (a) Task Force.--Section 104 (16 U.S.C. 1374) is amended by adding 
at the end the following:
    ``(i)(1) No later than 90 days after the date of enactment of the 
Marine Mammal Protection Act Amendments of 1994, the Secretary, in 
consultation with the Marine Mammal Commission, shall establish a 
Pinniped-Fishery Interaction Task Force (in this subsection referred to 
as the `Task Force') to advise the Secretary on management practices 
regarding seals and sea lions interacting in a dangerous or damaging 
manner with fishery stocks.
    ``(2) The Task Force shall consist of individuals designated by the 
Secretary, including--
            ``(A) employees of the Department of Commerce,
            ``(B) scientists knowledgeable in pinniped biology and 
        ecology,
            ``(C) representatives of conservation organizations, and
            ``(D) representatives of affected sectors of the fishing 
        industry, Indian treaty tribes, States, and other interests as 
        the Secretary considers appropriate.
    ``(3) The Task Force shall advise the Secretary regarding--
            ``(A) the level of impact of pinniped stocks on the decline 
        or recovery of threatened or endangered salmonids and other 
        declining fish stocks;
            ``(B) the level of impact of pinniped stocks on other 
        fishery resources;
            ``(C) other factors affecting the decline or recovery of 
        threatened or endangered salmonids and other declining fish 
        stocks;
            ``(D) available alternatives to effectively mitigate 
        negative impacts, including alternative technologies, 
        relocation of animals, or nonlethal deterrence of animals, and 
        the estimated cost of such alternatives;
            ``(E) for negative impacts for which no mitigating 
        alternatives are known, research to identify such alternatives; 
        and
            ``(F) limited intentional lethal takes of pinnipeds.
    ``(4) The Secretary shall establish within the Task Force a special 
committee to advise the Secretary on management practices regarding 
seals interacting in a dangerous or damaging manner with aquaculture 
resources in the Gulf of Maine. No later than 2 years from the date of 
enactment, the Secretary shall submit to the Committee on Merchant 
Marine and Fisheries of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
containing recommended available alternatives to mitigate such 
interactions.
    ``(5)(A) Any State may petition the Secretary to authorize the 
lethal removal of individually identifiable pinnipeds which are having 
a significant negative impact on the decline or recovery of salmonid 
fishery stocks which have been listed as threatened species or 
endangered species under the Endangered Species Act of 1973 or which 
the Secretary finds are approaching endangered species or threatened 
species status (as those terms are defined in that Act). Such authority 
shall be granted for periods of 1 to 3 years. Additional authorizations 
shall be dependent upon the success of the action. Within 30 days after 
receiving a petition, the Secretary shall consult with the Task Force 
to determine whether the petition has produced sufficient evidence to 
warrant further investigation. If further investigation is considered 
necessary, the Secretary shall publish a notice in the Federal Register 
requesting public comment.
    ``(B) Not later than 60 days after the close of the public comment 
period for a petition under subparagraph (A), the Task Force shall 
recommend to the Secretary whether to authorize the lethal removal that 
is the subject of the petition. If authorization is recommended, the 
Task Force shall also recommend--
            ``(i) a method of removal;
            ``(ii) criteria for evaluating the success of the action; 
        and
            ``(iii) a duration for the authority.
    ``(C) If authorization is not recommended, the Task Force shall 
also recommend nonlethal alternatives, if appropriate.
    ``(D) Not later than 30 days after the receipt of recommendations 
from the Task Force, the Secretary shall either approve or deny the 
petition for lethal removal. If approved, implementation shall occur as 
soon as practicable. Lethal removal shall be performed by State 
agencies or qualified individuals under contract to such agencies, in 
consultation with the Secretary.
    ``(6) The costs of lethal removal shall be borne in equal amounts 
by the Secretary and the State or States having fishery resources that 
have been affected.
    ``(7) Following lethal removal, carcasses or parts of carcasses 
shall be made available for bona fide research or educational purposes 
upon request.
    ``(8) The Secretary shall not approve under this subsection lethal 
removal for any pinniped from a species or stock that is listed as a 
threatened species or endangered species under the Endangered Species 
Act of 1973, otherwise depleted, or specified as a strategic stock in a 
final stock assessment under section 118(c).''.
    (b) Management of California Sea Lions and Pacific Harbor Seals.--
            (1) Cooperative Agreement.--The Secretary of Commerce shall 
        enter into negotiations with the States of Washington, Oregon, 
        and California to establish a cooperative agreement for the 
        management of California sea lion and Pacific harbor seal 
        populations in those States. The purposes of the cooperative 
        agreement shall be to--
                    (A) determine whether California sea lions and 
                Pacific harbor seals are having a significant negative 
                impact on the recovery of fishery stocks in those 
                States;
                    (B) determine the broader impacts of growing 
                populations of California sea lions and Pacific harbor 
                seals on the coastal ecosystems of Washington, Oregon, 
                and California; and
                    (C) develop a plan to--
                            (i) reduce, to the extent practicable, 
                        negative impacts referred to in subparagraph 
                        (A); and
                            (ii) mitigate impacts referred to in 
                        subparagraph (B).
            (2) Development and review of draft plan.--No later than 12 
        months after the date of the enactment of this Act, the 
        Secretary of Commerce shall develop a draft of a plan described 
        in paragraph (1)(C) and submit it for review by the Marine 
        Mammal Commission, independent scientists with expertise in 
        marine mammal biology and management, representatives of 
        national environmental organizations, and other interested 
        persons determined by the Secretary.
            (3) Submission of plan to congress.--No later than 18 
        months after the date of the enactment of this Act, the 
        Secretary of Commerce shall submit to the Committee on Merchant 
        Marine and Fisheries of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate--
                    (A) a plan described in paragraph (1)(C); and
                    (B) a report containing--
                            (i) responses of the Secretary to comments 
                        received from the review required by paragraph 
                        (2); and
                            (ii) an explanation of any provisions of 
                        the plan with which any of the States of 
                        Washington, Oregon, and California do not 
                        agree.
            (4) Consideration of other factors.--Any plan under this 
        subsection shall take into account, in addition to California 
        sea lions and Pacific harbor seals, other factors that are 
        slowing or impeding the recovery of fishery stocks or adversely 
        affecting the coastal ecosystems of Washington, Oregon, and 
        California.
            (5) No legal effect.--A plan under this subsection shall 
        have no force or effect except as provided by a law enacted 
        after the date the plan is submitted to the Congress under 
        paragraph (3).

SEC. 11. MARINE ECOSYSTEM PROTECTION.

    Section 110 (16 U.S.C. 1380) is amended by striking subsection (c) 
and inserting the following:
    ``(c)(1) No later than 1 year after the date of enactment of the 
Marine Mammal Protection Act Amendments of 1994, the Secretary of 
Commerce shall convene a regional workshop for the Gulf of Maine to 
assess human-caused factors affecting the health and stability of that 
marine ecosystem, of which marine mammals are a part. The workshop 
shall be conducted in consultation with the Marine Mammal Commission, 
the adjacent coastal States, individuals with expertise in marine 
mammal biology and ecology, representatives from environmental 
organizations, the fishing industry, and other appropriate persons. The 
goal of the workshop shall be to identify such factors, and to 
recommend a program of research and management to restore or maintain 
that marine ecosystem and its key components that--
            ``(A) protects and encourages marine mammals to develop to 
        the greatest extent feasible commensurate with sound policies 
        of resource management;
            ``(B) has as the primary management objective the 
        maintenance of the health and stability of the marine 
        ecosystems;
            ``(C) ensures the fullest possible range of management 
        options for future generations; and
            ``(D) permits nonwasteful, environmentally sound 
        development of renewable and nonrenewable resources.
    ``(2) On or before December 31, 1995, the Secretary of Commerce 
shall submit to the Committee on Merchant Marine and Fisheries of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the results of the 
workshop under this subsection, proposed regulatory or research 
actions, and recommended legislative action.
    ``(d)(1) The Secretary of Commerce, in consultation with the 
Secretary of the Interior, the Marine Mammal Commission, the State of 
Alaska, and Alaska Native organizations, shall, not later than 180 days 
after the date of enactment of the Marine Mammal Protection Act 
Amendments of 1994, undertake a scientific research program to monitor 
the health and stability of the Bering Sea marine ecosystem and to 
resolve uncertainties concerning the causes of population declines of 
marine mammals, sea birds, and other living resources of that marine 
ecosystem. The program shall address the research recommendations 
developed by previous workshops on Bering Sea living marine resources, 
and shall include research on subsistence uses of such resources and 
ways to provide for the continued opportunity for such uses.
    ``(2) To the maximum extent practicable, the research program 
undertaken pursuant to subsection (d)(1) shall be conducted in Alaska. 
The Secretary shall utilize, where appropriate, traditional local 
knowledge and may contract with a qualified Alaska Native organization 
to conduct such research.
    ``(3) The Secretary of Commerce, the Secretary of the Interior, and 
the Commission shall address the status and findings of the research 
program in their annual reports to Congress required by sections 103(f) 
and 204 of this Act.''.

SEC. 12. TREATY RIGHTS.

    Nothing in these amendments alters or is intended to alter any 
treaties between the United States and Indian tribes.

SEC. 13. TRANSITION RULE.

    Section 114(a)(1) of the Marine Mammal Protection Act (16 U.S.C. 
1383(a)(1)) is amended by striking ``April 1, 1994,'' and inserting 
``on the effective date of regulations prescribed under section 118,''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Department of Commerce.--Title I is amended by inserting after 
section 115 the following:

``SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Secretary of Commerce.--There are authorized to be 
appropriated to the Secretary of Commerce for carrying out functions 
and responsibilities under title I and title IV, other than under 
section 118, $6,636,000 for fiscal year 1994, $7,502,000 for fiscal 
year 1995, $8,402,000 for fiscal year 1996, $9,338,000 for fiscal year 
1997, $10,311,000 for fiscal year 1998, and $11,000,000 for fiscal year 
1999.
    ``(b) Secretary of the Interior.--There are authorized to be 
appropriated to the Secretary of the Interior for carrying out 
functions and responsibilities under title I, $8,000,000 for fiscal 
year 1994, $8,600,000 for fiscal year 1995, $9,000,000 for fiscal year 
1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal year 1998, 
and $10,500,000 for fiscal year 1999.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 115 the 
following:

``Sec. 116. Authorization of appropriations.''.

SEC. 15. DEFINITIONS.

    Section 3 (16 U.S.C. 1362) is amended--
            (1) in paragraph (13) by inserting ``harm,'' before 
        ``harass'' each place it appears; and
            (2) by adding at the end the following:
            ``(18)(A) The term `harassment' means any act of approach, 
        pursuit, torment, or annoyance which--
                    ``(i) has the potential to harm a marine mammal or 
                marine mammal stock in the wild; or
                    ``(ii) has the potential to disturb a marine mammal 
                or marine mammal stock in the wild by causing 
                disruption of behavioral patterns, including, but not 
                limited to, migration, respiration, nursing, breeding, 
                feeding, or sheltering.
            ``(B) The term `Level A harassment' means harassment 
        described in subparagraph (A)(i).
            ``(C) The term `Level B harassment' means harassment 
        described in subparagraph (A)(ii).
            ``(19) The term `harm' means an act which is likely to kill 
        or injure a marine mammal, significantly reduce its 
        reproductive potential, or result in habitat modification or 
        degradation that is likely to significantly impair essential 
        behavioral patterns.
            ``(20) The term `strategic stock' means a marine mammal 
        population or stock--
                    ``(A) for which the level of direct human-caused 
                mortality exceeds the potential biological removal 
                level; or
                    ``(B) which, based on the best available scientific 
                information, is declining and is likely to be listed as 
                a threatened species under the Endangered Species Act 
                of 1973 within the foreseeable future.
            ``(21) The term `potential biological removal level' means 
        the maximum number of animals, not including natural 
        mortalities, that may be removed from a marine mammal 
        population or stock without affecting that population's or 
        stock's ability to reach or maintain its optimum sustainable 
        population. The potential biological removal level is the 
        product of the following factors:
                    ``(A) The best available minimum population 
                estimate of the population or stock.
                    ``(B) One-half the maximum theoretical or estimated 
                net productivity rate of the population or stock.
                    ``(C) A recovery factor of between 0.1 and 1.0.
            ``(22) The term `Regional Fishery Management Council' means 
        a Regional Fishery Management Council established under section 
        302 of the Magnuson Fishery Conservation and Management Act.
            ``(23) The term `bona fide research' means scientific 
        research on marine mammals, the results of which--
                    ``(A) likely would be accepted for publication in a 
                referred scientific journal;
                    ``(B) are likely to contribute to the basic 
                knowledge of marine mammal biology or ecology; or
                    ``(C) are likely to identify, evaluate, or resolve 
                conservation problems.
            ``(24) The term `Alaska Native organization' means a group 
        designated by law or formally chartered which represents or 
        consists of Indians, Aleuts, or Eskimos residing in Alaska.''.

SEC. 16. SCRIMSHAW EXEMPTIONS.

    Notwithstanding any other provision of law, any valid certificate 
of exemption renewed by the Secretary (or deemed to be renewed) under 
section 10(f)(8) of the Endangered Species Act of 1973 (16 U.S.C. 
1539(f)(8)) for any person holding such a certificate with respect to 
the possession of pre-Act finished scrimshaw products or raw material 
for such products shall remain valid for a period not to exceed 5 years 
beginning on the date of enactment of this Act.

SEC. 17. TECHNICAL AND CONFORMING AMENDMENTS.

    The Act is amended--
            (1) by redesignating, as title IV, the title III of that 
        Act that was added by section 3003 of the Marine Mammal Health 
        and Stranding Response Act (106 Stat. 5060);
            (2) by redesignating the sections of that title in order as 
        sections 401, 402, 403, 404, 405, 406, 407, 408, and 409;
            (3) in section 401(b)(3) (as redesignated by this section) 
        by striking ``304'' and inserting ``404'';
            (4) in section 405(b)(1)(A)(i) (as redesignated by this 
        section) by striking ``304(b)'' and inserting ``404(b)'';
            (5) in section 406(a)(2)(A) (as redesignated by this 
        section) by striking ``304(b)'' and inserting ``404(b)'';
            (6) in section 406(a)(2)(B) (as redesignated by this 
        section) by striking ``304(c)'' and inserting ``404(c)'';
            (7) in section 408(1) (as redesignated by this section)--
                    (A) by striking ``305'' and inserting ``405'', and
                    (B) by striking ``307'' and inserting ``407'';
            (8) in section 408(2) (as redesignated by this section) by 
        striking ``307'' and inserting ``407'';
            (9) in section 409(1) (as redesignated by this section) by 
        striking ``305(a)'' and inserting ``405(a)'';
            (10) in section 409(5) (as redesignated by this section) by 
        striking ``307(a)'' and inserting ``407(a)'';
            (11) in section 102(a) (16 U.S.C. 1372(a)) by striking 
        ``title III'' and inserting ``title IV'';
            (12) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by 
        striking ``title III'' and inserting ``title IV'';
            (13) in section 112(c) (16 U.S.C. 1382(c)) by striking ``or 
        title III'' and inserting ``or title IV''; and
            (14) in the table of contents in the first section, by 
        striking the items relating to the title that is redesignated 
        by paragraph (2) of this section and the sections that are 
        redesignated by paragraph (3) of 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.''.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS FOR MARINE MAMMAL COMMISSION.

    (a) Authorization.--Title II (16 U.S.C. 1401 et seq.) is amended by 
adding at the end the following:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Marine Mammal 
Commission for carrying out this title $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.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 206 the 
following:

``Sec. 207. Authorization of appropriations.''.

SEC. 19. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Amendments Relating to Definition of Secretary.--Section 3(12) 
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)) is 
amended in subparagraph (B) by striking ``title III'' and inserting 
``title IV''.
    (b) Amendments Relating to Definition of Population Stock and 
Stock.--Section 3(11) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1362(11)) is amended to read as if section 3004(b) of the Marine 
Mammal Health and Stranding Response Act were not enacted (106 Stat. 
5067).
    (c) Further Corrections to Definitions.--Section 3 (16 U.S.C. 1362) 
is amended--
            (1) by striking paragraph (5);
            (2) by redesignating paragraph (17) as paragraph (5), and 
        moving that paragraph so as to appear immediately following 
        paragraph (4); and
            (3) by redesignating the second paragraph (15) (relating to 
        the definition of the term ``fishery'') and paragraph (16) in 
        order as paragraphs (16) and (17).
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall be effective as if enacted as part of section 3004 of the Marine 
Mammal Health and Stranding Response Act (106 Stat. 5067).
            Amend the title so as to read: ``A bill to authorize the 
        Marine Mammal Protection Act of 1972 for 6 fiscal years, to 
        establish a new regime to govern the incidental taking of 
        marine mammals in the course of commercial fishing operations, 
        and for other purposes.''.
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