‘‘(C) If authorization is not recommended, the Task
Force shall also recommend nonlethal alternatives, if appro-
priate.
‘‘(D) Not later than 30 days after the receipt of rec-
ommendations from the Task Force, the Secretary shall ei-
ther approve or deny the petition for lethal removal. If ap-
proved, 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 sub-
section 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 PA-
CIFIC HARBOR SEALS.—
(1) COOPERATIVE AGREEMENT.—The Secretary
of Commerce shall enter into negotiations with the
States of Washington, Oregon, and California to es-
tablish a cooperative agreement for the management
of California sea lion and Pacific harbor seal popu-
lations in those States. The purposes of the coopera-
tive 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 grow-
ing populations of California sea lions and Pa-
cific 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 Commerce
shall develop a draft of a plan described in paragraph
(1)(C) and submit it for review by the Marine Mam-
mal Commission, independent scientists with exper-
tise in marine mammal biology and management,
representatives of national environmental organiza-
tions, 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 Sen-
ate—
(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 sub-
section 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 fac-
tors affecting the health and stability of that marine eco-
system, of which marine mammals are a part. The work-
shop shall be conducted in consultation with the Marine
Mammal Commission, the adjacent coastal States, individ-
uals with expertise in marine mammal biology and ecology,
representatives from environmental organizations, the fish-
ing industry, and other appropriate persons. The goal of
the workshop shall be to identify such factors, and to rec-
ommend 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 ma-
rine ecosystems;
‘‘(C) ensures the fullest possible range of manage-
ment options for future generations; and
‘‘(D) 
permits 
nonwasteful, 
environmentally
sound development of renewable and nonrenewable re-
sources.
‘‘(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 ac-
tions, 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 organi-
zations, shall, not later than 180 days after the date of en-
actment 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 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 pro-
gram shall address the research recommendations developed
by previous workshops on Bering Sea living marine re-
sources, and shall include research on subsistence uses of
such resources and ways to provide for the continued oppor-
tunity 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 ap-
propriate, 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.
(b) CLERICAL AMENDMENT.—The table of contents in
the first section is amended by inserting after the item relat-
ing 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 har-
assment described in subparagraph (A)(i).
‘‘(C) The term ‘Level B harassment’ means har-
assment 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 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 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 foresee-
able 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 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 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 ecology;
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 Endan-
gered Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any
person holding such a certificate with respect to the posses-
sion of pre-Act finished scrimshaw products or raw mate-
rial 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 sec-
tion)—
(A) by striking ‘‘305’’ and inserting ‘‘405’’,
and
(B) by striking ‘‘307’’ and inserting ‘‘407’’;
(8) in section 408(2) (as redesignated by this sec-
tion) by striking ‘‘307’’ and inserting ‘‘407’’;
(9) in section 409(1) (as redesignated by this sec-
tion) 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 redes-
ignated by paragraph (2) of this section and the sec-
tions 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 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 relat-
ing to section 206 the following:
‘‘Sec. 207. Authorization of appropriations.’’.
SEC. 19. FURTHER TECHNICAL AND CONFORMING AMEND-
MENTS.
(a) AMENDMENTS RELATING TO DEFINITION OF SEC-
RETARY.—Section 3(12) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1362(12)) is amended in subpara-
graph (B) by striking ‘‘title III’’ and inserting ‘‘title IV’’.
(b) AMENDMENTS RELATING TO DEFINITION OF POPU-
LATION STOCK AND STOCK.—Section 3(11) of the Marine