(1) COOPERATIVE
AGREEMENT.—The Sec-
retary of Commerce shall enter into negotiations
with the States of Washington, Oregon, and Califor-
nia to establish a cooperative agreement for the
management of California sea lion and Pacific har-
bor 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 signifi-
cant 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 subpara-
graph (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 Com-
merce 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 man-
agement, representatives of national environmental
organizations, and other interested persons deter-
mined by the Secretary.
(3) SUBMISSION OF PLAN TO CONGRESS.—No
later than 18 months after the date of the enact-
ment 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 Transpor-
tation of the Senate—
(A) a plan described in paragraph (1)(C);
and
(B) a report containing—
(i) responses of the Secretary to com-
ments 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 Cali-
fornia.
(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 enact-
ment of the Marine Mammal Protection Act Amendments
of 1994, the Secretary of Commerce shall convene a re-
gional 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 commensu-
rate 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 man-
agement 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 work-
shop under this subsection, proposed regulatory or re-
search 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 orga-
nizations, shall, not later than 180 days after the date of
enactment of the Marine Mammal Protection Act Amend-
ments of 1994, undertake a scientific research program
to monitor the health and stability of the Bering Sea ma-
rine 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 ma-
rine resources, and shall include research on subsistence
uses of such resources and ways to provide for the contin-
ued opportunity for such uses.
‘‘(2) To the maximum extent practicable, the re-
search 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 regula-
tions prescribed under section 118,’’.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) DEPARTMENT OF COMMERCE.—Title I is amend-
ed by inserting after section 115 the following:
‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SECRETARY OF COMMERCE.—There are author-
ized 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 au-
thorized 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,’’ be-
fore ‘‘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, in-
cluding, but not limited to, migration, respira-
tion, 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, signifi-
cantly 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 ma-
rine 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 sci-
entific information, is declining and is likely to
be listed as a threatened species under the En-
dangered Species Act of 1973 within the fore-
seeable 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 popu-
lation estimate of the population or stock.
‘‘(B) One-half the maximum theoretical or
estimated net productivity rate of the popu-
lation 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 Magnu-
son Fishery Conservation and Management Act.
‘‘(23) The term ‘bona fide research’ means sci-
entific research on marine mammals, the results of
which—
‘‘(A) likely would be accepted for publica-
tion in a referred scientific journal;
‘‘(B) are likely to contribute to the basic
knowledge of marine mammal biology or ecol-
ogy; or
‘‘(C) are likely to identify, evaluate, or re-
solve conservation problems.
‘‘(24) The term ‘Alaska Native organization’
means a group designated by law or formally char-
tered 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 En-
dangered 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 Ma-
rine 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 re-
designated 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 MA-
RINE 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 Ma-
rine 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 fis-
cal 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 AMEND-
MENTS.
(a) AMENDMENTS RELATING
TO DEFINITION
OF
SECRETARY.—Section 3(12) of the Marine Mammal Pro-
tection 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.—Sec-
tion 3 (16 U.S.C. 1362) is amended—
(1) by striking paragraph (5);
(2) by redesignating paragraph (17) as para-
graph (5), and moving that paragraph so as to ap-
pear 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