marine mammal species and population stocks at 
their optimum sustainable populations. 
(2) If the annual removals of individuals of a 
species or population stock of marine mammals do 
not exceed the potential biological removal level, the 
species or population stock will be maintained at, or 
reach, its optimum sustainable population. 
(3) 
Requiring 
that 
commercial 
fishermen 
achieve a zero mortality rate goal for a species or 
population stock of marine mammals that is equal to 
or less than 10 percent of the potential biological re-
moval of a given marine mammal species or popu-
lation stock is unnecessary to achieve that Act’s goal 
of maintaining species and stocks at their optimum 
sustainable population and penalizes commercial 
fishermen. 
(4) The Congress intended that the zero mor-
tality rate goal under that Act would be met if fish-
ermen use the best technology that is economically 
and technologically feasible. 
(5) Species and populations stocks of marine 
mammal that have reached historic levels are imped-
ing the recovery of endangered species and threat-
ened species through predation or competition in the 
ecosystem. 
VerDate Nov 24 2008 
02:29 Feb 05, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H843.IH
H843
jbell on PROD1PC69 with BILLS
(6) The fundamental principles of ecosystem 
management are defeated by giving one species a 
preeminent position in the ecosystem through impo-
sition of a zero mortality rate goal. 
(7) All persons that interact with marine mam-
mals should seek to reduce and eliminate marine 
mammal injuries and mortalities through the use of 
the best equipment and techniques that are economi-
cally and technologically feasible. 
SEC. 2. MODIFICATION OF GOALS FOR REDUCING INCI-
DENTAL TAKE OF MARINE MAMMALS IN COM-
MERCIAL FISHING. 
(a) REPEAL OF ZERO MORTALITY GOAL.—Section 
118 of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1387) is amended by striking subsection (b), and 
by redesignating subsections (c) through (l) in order as 
subsections (b) through (k). 
(b) CONFORMING AMENDMENTS.—Such Act is fur-
ther amended as follows: 
(1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) 
by striking the third sentence. 
(2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 
1371(a)(5)(E)(i)(III)) by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection (c)’’. 
VerDate Nov 24 2008 
00:46 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H843.IH
H843
jbell on PROD1PC69 with BILLS
(3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) 
by striking ‘‘section 118(f)(1)’’ and inserting ‘‘sec-
tion 118(e)(1)’’. 
(4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) 
in subparagraph (D) by striking ‘‘, and an analysis’’ 
and all that follows through the end of the subpara-
graph and inserting a semicolon. 
(5) In section 118 (16 U.S.C. 1387) by striking 
‘‘subsection (c)(1)(A) (i)’’ each place it appears and 
inserting ‘‘subsection (b)(1)(A)(i)’’. 
(6) In section 118 (16 U.S.C. 1387) by striking 
‘‘subsection (c)(1)(A)(i)’’ each place it appears and 
inserting ‘‘subsection (b)(1)(A)(i)’’. 
(7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) 
by striking the last sentence. 
(8) In section 118(b), as redesignated by sub-
section 
(a) 
of 
this 
section 
(16 
U.S.C. 
1387(c)(1)(B)), by striking ‘‘subsection (e)’’ each 
place it appears and inserting ‘‘subsection (d)’’. 
(9) In section 118(c)(1)(B), as redesignated by 
subsection 
(a) 
of 
this 
section 
(16 
U.S.C. 
1387(d)(1)(B)), by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsection (d)’’. 
(10) In section 118(e)(9)(D), as redesignated 
by subsection (a) of this section (16 U.S.C. 
VerDate Nov 24 2008 
00:46 Feb 06, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H843.IH
H843
jbell on PROD1PC69 with BILLS
1387(f)(9)(D)), by striking ‘‘subsection (d)’’ and in-
serting ‘‘subsection (c)’’. 
(11) In section 118(f)(1), as redesignated by 
subsection 
(a) 
of 
this 
section 
(16 
U.S.C. 
1387(g)(1)), by striking ‘‘subsection (c)(1)(A)(iii)’’ 
each place it appears and inserting ‘‘subsection 
(b)(1)(A)(iii)’’. 
(12) In section 118(g), as redesignated by sub-
section (a) of this section (16 U.S.C. 1387(h)), by 
striking ‘‘subsection (c)’’ and inserting ‘‘subsection 
(b)’’. 
(13) 
In 
section 
120(j)(2) 
(16 
U.S.C. 
1389(j)(2)) by striking ‘‘118(f)(5)(A)’’ and inserting 
‘‘118(e)(5)(A)’’. 
(c) MODIFICATION OF GOAL OF TAKE REDUCTION 
PLANS.—Section 118(e)(2) of such Act, as redesignated 
by subsection (a) of this section (16 U.S.C. 1387(f)(2)), 
is amended by striking the last sentence and inserting the 
following: ‘‘The long-term goal of the plan shall be to re-
duce, within 5 years after its implementation, the inci-
dental mortality or serious injury of marine mammals inci-
dentally taken in the course of fishing operations taking 
into account the economics of the fishery, the availability 
VerDate Nov 24 2008 
02:29 Feb 05, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H843.IH
H843
jbell on PROD1PC69 with BILLS
of existing technology, and existing State or regional fish-
ery management plans.’’. 
Æ 
VerDate Nov 24 2008 
02:29 Feb 05, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H843.IH
H843
jbell on PROD1PC69 with BILLS