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‘‘(vi) This subparagraph shall not govern the inci-
dental 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).’’; and
(6) by adding at the end the following new para-
graph:
‘‘(6)(A) A marine mammal product may be im-
ported 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;
‘‘(ii) was acquired outside of the United States
as part of a cultural exchange by an Indian, Aleut,
or Eskimo residing in Alaska; or
‘‘(iii) is owned by a Native inhabitant of Rus-
sia, Canada, or Greenland and is imported for non-
commercial purposes in conjunction with travel
within the United States or as part of a cultural ex-
change with an Indian, Aleut, or Eskimo residing in
Alaska.
‘‘(B) For the purposes of this paragraph, the
term—
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‘‘(i) ‘Native inhabitant of Russia, Canada, or
Greenland’ means a person residing in Russia, Can-
ada, or Greenland who is related by blood, is a
member of the same clan or ethnological grouping,
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 re-
siding in Alaska and a Native inhabitant of Russia,
Canada, or Greenland, including rendering of raw
marine mammal parts as part of such exchange into
clothing or handicrafts through carving, painting,
sewing, or decorating.’’.
(b) ACTIONS
AFFECTING
SECTION
101(b).—Section
101(b) (16 U.S.C. 1371(b)) is amended by adding at the end
the following new sentences: ‘‘In promulgating any regulation
or making any assessment pursuant to a hearing or proceed-
ing under this subsection or section 117(b)(2), or in making
any determination of depletion under this subsection or find-
ing regarding unmitigable adverse impacts under subsection
(a)(5) that affects stocks or persons to which this subsection
applies, the Secretary shall be responsible for demonstrating
that such regulation, assessment, determination, or finding is
supported by substantial evidence on the basis of the record
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as a whole. The preceding sentence shall only be applicable
in an action brought by one or more Alaska Native organiza-
tions representing persons to which this subsection applies.’’.
(c) TAKING IN DEFENSE OF SELF OR OTHERS.—Section
101(c) (16 U.S.C. 1371(c)) is amended to read as follows:
‘‘(c) It shall not be a violation of this Act to take a ma-
rine 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.
The Secretary may seize and dispose of any carcass.’’.
SEC. 5. PERMITS.
(a) PROHIBITIONS.—Section 102(a) (16 U.S.C. 1372(a))
is amended—
(1) in paragraph (2)(B) by striking ‘‘for any pur-
pose in any way connected with the taking or importa-
tion 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 ex-
port’’;
(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
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‘‘(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 amend-
ed—
(1) in subsection (a) by adding at the end the fol-
lowing: ‘‘Permits for the incidental taking of marine
mammals in the course of commercial fishing operations
may only be issued as specifically provided for in sec-
tions 101(a)(5) or 306, or subsection (h) of this sec-
tion.’’;
(2) in subsection (c)—
(A) in paragraph (1) in the first sentence by
striking ‘‘and after’’;
(B) by amending paragraph (2) to read as fol-
lows:
‘‘(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 con-
servation purposes that is based on professionally
recognized standards of the public display commu-
nity;
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‘‘(ii) is registered or holds a license issued
under 7 U.S.C. 2131 et seq.; 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 obtain-
ing 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 posses-
sion 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 re-
search, to a person that meets the require-
ments of paragraph (3); or
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‘‘(III) for the purpose of enhancing the
survival or recovery of a species or stock, to a
person that meets the requirements of para-
graph (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 subpara-
graph (B) shall have the rights and responsibilities de-
scribed in subparagraph (B) with respect to the marine
mammal without obtaining any additional permit or au-
thorization under this Act. Such responsibilities shall be
limited to—
‘‘(i) for the purpose of public display, the re-
sponsibility 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 para-
graph (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
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person exercising rights under subparagraph (C),
no longer meets the requirements of subparagraph
(A)(ii) and is not reasonably likely to meet those re-
quirements 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 in-
curred by the Secretary for that seizure.
‘‘(E) No marine mammal held pursuant to a permit
issued under subparagraph (A), or by a person exercis-
ing rights under subparagraph (C), may be sold, pur-
chased, 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
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notification to include the information required for the
inventory established under paragraph (10).’’;
(C) by amending paragraph (3) to read as fol-
lows:
‘‘(3)(A) The Secretary may issue a permit under
this paragraph for scientific research purposes to an ap-
plicant which submits with its permit application infor-
mation 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 sub-
section (d)(2) if delaying issuance of the permit could re-
sult in injury to a species, stock, or individual, or in loss
of unique research opportunities.
‘‘(B) No permit issued for purposes of scientific re-
search shall authorize the lethal taking of a marine
mammal unless the applicant demonstrates that a
nonlethal method of conducting the research is not fea-
sible. 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 Sec-
retary determines that the results of such research will
directly benefit that species or stock, or that such re-
search fulfills a critically important research need.
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‘‘(C) Not later than 120 days after the date of en-
actment of the Marine Mammal Protection Act Amend-
ments of 1994, the Secretary shall issue a general au-
thorization and implementing regulations allowing bona
fide scientific research that may result only in taking by
Level B harassment of a marine mammal. Such author-
ization 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 follow-
ing:
‘‘(i) The species or stocks of marine mammals
which may be harassed.
‘‘(ii) The geographic location of the research.
‘‘(iii) The period of time over which the re-
search will be conducted.
‘‘(iv) The purpose of the research, including a
description of how the definition of bona fide re-
search as established under this Act would apply.
‘‘(v) Methods to be used to conduct the re-
search.
Not later than 30 days after receipt of a letter of intent
to conduct scientific research under the general author-
ization, the Secretary shall issue a letter to the applicant
confirming that the general authorization applies, or, if
the proposed research is likely to result in the taking
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(including Level A harassment) of a marine mammal,
shall notify the applicant that subparagraph (A) ap-
plies.’’; 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 or-
gans) taken in sport hunts in Canada, including polar
bears taken but not imported prior to the date of enact-
ment of the Marine Mammal Protection Act Amend-
ments of 1994, to an applicant which submits with its
permit application proof that the polar bear was legally
harvested in Canada by the applicant. Such a permit
shall be issued if the Secretary, in consultation with the
Marine Mammal Commission and after notice and op-
portunity 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 the
maintenance of the affected population stock at a
sustainable level;
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‘‘(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 agree-
ments 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 pursu-
ant to section 113(d).
‘‘(C)(i) The Secretary shall undertake a scientific
review of the impact of permits issued under this para-
graph on the polar bear population stocks in Canada
within 2 years after the date of enactment of this para-
graph. The Secretary shall provide an opportunity for
public comment during the course of such review, and
shall include a response to such public comment in the
final report on such review.
‘‘(ii) The Secretary shall not issue permits under
this paragraph after September 30, 1996, if the Sec-
retary determines, based on the scientific review, that
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‘‘(A) meets the requirements of clauses (i), (ii),
and (iii) of paragraph (2)(A), in the case of a re-
quest 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 mam-
mals 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 re-
quirements 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 re-
quirements of paragraph (3); or
‘‘(iii) for the purpose of enhancing the survival
or recovery of a species or stock, and by or to, re-
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spectively, a person which meets the requirements
of paragraph (4).
‘‘(B)(i) A person which has a permit under para-
graph (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 cap-
tivity 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 enhanc-
ing the survival or recovery of a species or stock unless
the receiving facility meets standards that are com-
parable to the requirements that a person must meet to
receive a permit under this subsection for that purpose.
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‘‘(10) The Secretary shall establish and maintain an
inventory of all marine mammals possessed pursuant to
permits issued under paragraph (2)(A), by persons exer-
cising 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 mam-
mal 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—
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(A) striking ‘‘or’’ at the end of subparagraph
(A);
(B) striking the period at the end of subpara-
graph (B) and inserting ‘‘, or’’; and
(C) adding at the end the following new sub-
paragraph:
‘‘(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 Can-
ada’s polar bear population stocks are being adversely
affected or that sport hunting may be having a det-
rimental effect on maintaining polar bear population
stocks throughout their range.’’.
(c) EXISTING PERMITS.—Any permit issued under sec-
tion 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. 6. PURPOSE AND USE OF THE FUND.
Section 405 (16 U.S.C. 1421d), as so redesignated by
this Act, is amended—
(1) in subsection (b)(1)(A)—
(A) by striking ‘‘and’’ at the end of clause (i);
and
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(B) by inserting at the end the following new
clause:
‘‘(iii) for care and maintenance of marine mammal
seized under section 104(c)(2)(D); and’’; and
(2) in subsection (d) by inserting after ‘‘For pur-
poses of carrying out this title’’ the following: ‘‘and sec-
tion 104(c)(2)(D)’’.
SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICATION TO
OTHER TREATIES AND CONVENTIONS.
(a) MEASURES FOR IMPACTS ON STRATEGIC STOCKS.—
Section 112 (16 U.S.C. 1382) is amended by adding at the
end the following new subsection:
‘‘(e) If the Secretary determines, based on a stock as-
sessment under section 117 or other significant new informa-
tion obtained under this Act, that impacts on rookeries, mat-
ing grounds, or other areas of similar ecological significance
to marine mammals may be causing the decline or impeding
the recovery of a strategic stock, the Secretary may develop
and implement conservation or management measures to alle-
viate those impacts. Such measures shall be developed and
implemented after consultation with the Marine Mammal
Commission and the appropriate Federal agencies and after
notice and opportunity for public comment.’’.
(b) INTERNATIONAL POLAR BEAR CONSERVATION.—
Section 113 (16 U.S.C. 1383) is amended by—
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(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 pro-
vided 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, par-
ticularly with respect to the habitat protection mandates con-
tained in Article II. The Secretary shall report the results of
this review to the Committee on Merchant Marine and Fish-
eries 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 enact-
ment of the Marine Mammal Protection Act Amendments of
1994, the Secretary of the Interior, acting through the Sec-
retary of State and in consultation with the Marine Mammal
Commission and the State of Alaska, shall consult with the
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appropriate officials of the Russian Federation on the devel-
opment 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 re-
ports on the research and management programs to the Com-
mittee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science
and Transportation of the Senate.’’.
SEC. 8. CONSERVATION PLANS.
Section 115(b) (16 U.S.C. 1383b(b)) is amended by add-
ing at the end the following new paragraph:
‘‘(4) If the Secretary determines that a take reduction
plan is necessary to reduce the incidental taking of marine
mammals in the course of commercial fishing operations from
a strategic stock, or for species or stocks which interact with
a commercial fishery for which the Secretary has made a de-
termination under section 118(f)(1), any conservation plan
prepared under this subsection for such species or stock shall
incorporate the take reduction plan required under section
118 for such species or stock.’’.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) DEPARTMENTS
OF COMMERCE
AND
THE INTE-
RIOR.—Section 116 is amended to read as follows:
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‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) DEPARTMENT OF COMMERCE.—(1) There are au-
thorized to be appropriated to the Department of Commerce,
for purposes of carrying out its functions and responsibilities
under this title (other than sections 117 and 118) and title
IV, $12,138,000 for fiscal year 1994, $12,623,000 for fiscal
year 1995, $13,128,000 for fiscal year 1996, $13,653,000 for
fiscal year 1997, $14,200,000 for fiscal year 1998, and
$14,768,000 for fiscal year 1999.
‘‘(2) There are authorized to be appropriated to the De-
partment of Commerce, for purposes of carrying out sections
117 and 118, $20,000,000 for each of the fiscal years 1994
through 1999.
‘‘(b) DEPARTMENT OF THE INTERIOR.—There are au-
thorized to be appropriated to the Department of the Inte-
rior, for purposes of carrying out its functions and respon-
sibilities under this title, $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 $10,296,000 for fiscal year 1999.’’.
(b) MARINE MAMMAL COMMISSION.—Section 207 is
amended to read as follows:
‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Marine
Mammal Commission, for purposes of carrying out this title,
$1,500,000 for fiscal year 1994, $1,550,000 for fiscal year
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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.’’.
(c) REPEAL.—Section 7 of the Act entitled ‘‘An Act to
improve the operation of the Marine Mammal Protection Act
of 1972, and for other purposes’’, approved October 9, 1981
(16 U.S.C. 1384 and 1407), is repealed.
SEC. 10. STOCK ASSESSMENTS.
Title I (16 U.S.C. 1371 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 117. STOCK ASSESSMENTS.
‘‘(a) IN GENERAL.—Not later than August 1, 1994, the
Secretary shall, in consultation with the appropriate regional
scientific review group established under subsection (d), pre-
pare a draft stock assessment for each marine mammal stock
which occurs in waters under the jurisdiction of the United
States. Each draft stock assessment, based on the best sci-
entific information available, shall—
‘‘(1) describe the geographic range of the affected
stock, including any seasonal or temporal variation in
such range;
‘‘(2) provide for such stock the minimum population
estimate, current and maximum net productivity rates,
and current population trend, including a description of
the information upon which these are based;
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‘‘(3) estimate the annual human-caused mortality
and serious injury of the stock by source and, for a stra-
tegic stock, other factors that may be causing a decline
or impeding recovery of the stock, including effects on
marine mammal habitat and prey;
‘‘(4) describe commercial fisheries that interact with
the stock, including—
‘‘(A) the approximate number of vessels ac-
tively participating in each such fishery;
‘‘(B) the estimated level of incidental mortality
and serious injury of the stock by each such fishery
on an annual basis;
‘‘(C) seasonal or area differences in such inci-
dental mortality or serious injury; and
‘‘(D) the rate, based on the appropriate stand-
ard unit of fishing effort, of such incidental mortal-
ity and serious injury, and an analysis stating
whether such level is insignificant and is approach-
ing a zero mortality and serious injury rate;
‘‘(5) categorize the status of the stock as one that
either—
‘‘(A) has a level of human-caused mortality
and serious injury that is not likely to cause the
stock to be reduced below its optimum sustainable
population; or
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‘‘(B) is a strategic stock, with a description of
the reasons therefor; and
‘‘(6) estimate the potential biological removal level
for the stock, describing the information used to cal-
culate it, including the recovery factor.
‘‘(b) PUBLIC COMMENT.—(1) The Secretary shall pub-
lish in the Federal Register a notice of the availability of a
draft stock assessment or any revision thereof and provide an
opportunity for public review and comment during a period
of 90 days. Such notice shall include a summary of the as-
sessment and a list of the sources of information or published
reports upon which the assessment is based.
‘‘(2) Subsequent to the notice of availability required
under paragraph (1), if requested by a person to which sec-
tion 101(b) applies, the Secretary shall conduct a proceeding
on the record prior to publishing a final stock assessment or
any revision thereof for any stock subject to taking under
section 101(b).
‘‘(3) After consideration of the best scientific informa-
tion available, the advice of the appropriate regional scientific
review group established under subsection (d), and the com-
ments of the general public, the Secretary shall publish in the
Federal Register a notice of availability and a summary of
the final stock assessment or any revision thereof, not later
than 90 days after—
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‘‘(A) the close of the public comment period on a
draft stock assessment or revision thereof; or
‘‘(B) final action on an agency proceeding pursuant
to paragraph (2).
‘‘(c) REVIEW AND REVISION.—(1) The Secretary shall
review stock assessments in accordance with this sub-
section—
‘‘(A) at least annually for stocks which are specified
as strategic stocks;
‘‘(B) at least annually for stocks for which signifi-
cant new information is available; and
‘‘(C) at least once every 3 years for all other stocks.
‘‘(2) If the review under paragraph (1) indicates that the
status of the stock has changed or can be more accurately
determined, the Secretary shall revise the stock assessment in
accordance with subsection (b).
‘‘(d) REGIONAL SCIENTIFIC REVIEW GROUPS.—(1) Not
later than 60 days after the date of enactment of this section,
the Secretary of Commerce shall, in consultation with the
Secretary of the Interior (with respect to marine mammals
under that Secretary’s jurisdiction), the Marine Mammal
Commission, the Governors of affected adjacent coastal
States, regional fishery and wildlife management authorities,
Alaska Native organizations and Indian tribes, and environ-
mental and fishery groups, establish three independent re-
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gional scientific review groups representing Alaska, the Pa-
cific Coast (including Hawaii), and the Atlantic Coast (in-
cluding the Gulf of Mexico), consisting of individuals with ex-
pertise in marine mammal biology and ecology, population dy-
namics and modeling, commercial fishing technology and
practices, and stocks taken under section 101(b). The Sec-
retary of Commerce shall, to the maximum extent practicable,
attempt to achieve a balanced representation of viewpoints
among the individuals on each regional scientific review
group. The regional scientific review groups shall advise the
Secretary on—
‘‘(A) population estimates and the population status
and trends of such stocks;
‘‘(B) uncertainties and research needed regarding
stock separation, abundance, or trends, and factors af-
fecting the distribution, size, or productivity of the stock;
‘‘(C) uncertainties and research needed regarding
the species, number, ages, gender, and reproductive sta-
tus of marine mammals;
‘‘(D) research needed to identify modifications in
fishing gear and practices likely to reduce the incidental
mortality and serious injury of marine mammals in com-
mercial fishing operations;
‘‘(E) the actual, expected, or potential impacts of
habitat destruction, including marine pollution and natu-
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ral environmental change, on specific marine mammal
species or stocks, and for strategic stocks, appropriate
conservation or management measures to alleviate any
such impacts; and
‘‘(F) 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 Com-
mittee Act (5 App. U.S.C.).
‘‘(3) Members of the scientific review groups shall serve
without compensation, but may be reimbursed by the Sec-
retary, upon request, for reasonable travel costs and expenses
incurred in performing their obligations.
‘‘(4) The Secretary may appoint or reappoint individuals
to the regional scientific review groups under paragraph (1)
as needed.
‘‘(e) EFFECT ON SECTION 101(b).—This section shall
not affect or otherwise modify the provisions of section
101(b).’’.
SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO COM-
MERCIAL FISHING OPERATIONS.
Title I (16 U.S.C. 1371 et seq.), as amended by this
Act, is further amended by adding at the end the following
new section:
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‘‘SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO
COMMERCIAL FISHING OPERATIONS.
‘‘(a) IN GENERAL.—(1) Effective on the date of enact-
ment of this section, and except as provided in section 114
and in paragraphs (2), (3), and (4) of this subsection, the
provisions of this section shall govern the incidental taking of
marine mammals in the course of commercial fishing oper-
ations by persons using vessels of the United States or ves-
sels 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)). In
any event it shall be the immediate goal that the incidental
mortality or serious injury of marine mammals occurring in
the course of commercial fishing operations be reduced to in-
significant levels approaching a zero mortality and serious in-
jury rate within 7 years after the date of enactment of this
section.
‘‘(2) In the case of the incidental taking of marine mam-
mals from species or stocks designated under this Act as de-
pleted on the basis of their listing as threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), both this section and section
101(a)(5)(E) of this Act shall apply.
‘‘(3) Sections 104(h) and title III, and not this section,
shall govern the taking of marine mammals in the course of
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commercial purse seine fishing for yellowfin tuna in the east-
ern 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 inten-
tional lethal take of any marine mammal in the course of
commercial fishing operations is prohibited.
‘‘(6) Sections 103 and 104 shall not apply to the inci-
dental taking of marine mammals under the authority of this
section.
‘‘(b) ZERO MORTALITY RATE GOAL.—(1) Commercial
fisheries shall reduce incidental mortality and serious injury
of marine mammals to insignificant levels approaching a zero
mortality and serious injury rate within 7 years after the date
of enactment of this section.
‘‘(2) Fisheries which maintain insignificant serious in-
jury and mortality levels approaching a zero rate shall not be
required to further reduce their mortality and serious injury
rates.
‘‘(3) Three years after such date of enactment, the Sec-
retary shall review the progress of all commercial fisheries, by
fishery, toward reducing incidental mortality and serious in-
jury to insignificant levels approaching a zero rate. The Sec-
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retary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Mer-
chant 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. The Secretary shall note
any commercial fishery for which additional information is re-
quired to accurately assess the level of incidental mortality
and serious injury of marine mammals in the fishery.
‘‘(4) If the Secretary determines after review under
paragraph (3) that the rate of incidental mortality and seri-
ous injury of marine mammals in a commercial fishery is not
consistent with paragraph (1), then the Secretary shall take
appropriate action under subsection (f).
‘‘(c) REGISTRATION
AND
AUTHORIZATION.—(1) The
Secretary shall, within 90 days after the date of enactment
of this section—
‘‘(A) publish in the Federal Register for public com-
ment, for a period of not less than 90 days, any nec-
essary changes to the Secretary’s list of commercial fish-
eries 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 describing the marine
mammal stocks interacting with, and the approximate
number of vessels or persons actively involved in, each
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such fishery), with respect to commercial fisheries that
have—
‘‘(i) frequent incidental mortality and serious
injury of marine mammals;
‘‘(ii) occasional incidental mortality and serious
injury of marine mammals; or
‘‘(iii) a remote likelihood of or no known inci-
dental mortality or serious injury of marine mam-
mals;
‘‘(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 re-
quired 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 authoriza-
tion 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, reex-
amine, based on information gathered under this Act
and other relevant sources and after notice and oppor-
tunity for public comment, the classification of commer-
cial fisheries and other determinations required under
subparagraph (A) and publish in the Federal Register
any necessary changes.
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‘‘(2)(A) An authorization shall be granted by the Sec-
retary in accordance with this section for a vessel engaged in
a commercial fishery listed under paragraph (1)(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 loca-
tion of such fishery operations, and the general type and na-
ture of use of the fishing gear and techniques used. Such in-
formation shall be in a readily usable format that can be effi-
ciently entered into and utilized by an automated or comput-
erized data processing system. A decal or other physical evi-
dence that the authorization is current and valid shall be is-
sued 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 sec-
tion 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 Sec-
retary in accordance with section 204(b) of the Magnu-
son Fishery Conservation and Management Act (16
U.S.C. 1824(b)).
‘‘(C) Except as provided in subsection (a), an authoriza-
tion granted under this section shall allow the incidental tak-
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ing of all species and stocks of marine mammals to which
this Act applies.
‘‘(3)(A) An owner of a vessel engaged in any fishery list-
ed under paragraph (1)(A) (i) or (ii) shall, in order to engage
in the lawful incidental taking of marine mammals in a com-
mercial fishery—
‘‘(i) have registered as required under paragraph
(2) 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 ves-
sels holding valid certificates of exemption under section
114 are deemed to have registered for purposes of this
subsection for the period during which such exemption
is valid;
‘‘(ii) ensure that a decal or such other physical evi-
dence of a current and valid authorization as the Sec-
retary may require is displayed on or is in the possession
of the master of each such vessel;
‘‘(iii) report as required by subsection (e); and
‘‘(iv) comply with any applicable take reduction
plan and emergency regulations issued under this sec-
tion.
‘‘(B) Any owner of a vessel receiving an authorization
under this section for any fishery listed under paragraph
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(1)(A) (i) or (ii) shall, as a condition of that authorization,
take on board an observer if requested to do so by the Sec-
retary.
‘‘(C) An owner of a vessel engaged in a fishery listed
under paragraph (1)(A) (i) or (ii) who—
‘‘(i) fails to obtain from the Secretary an authoriza-
tion for such vessel under this section;
‘‘(ii) fails to maintain a current and valid authoriza-
tion 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 ves-
sel,
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 main-
tains 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 im-
plement a take reduction plan under this section, the owner
of such vessel, and the master and crew members of the ves-
sel, shall not be subject to the penalties set forth in this title
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for the incidental taking of marine mammals while such ves-
sel is engaged in a fishery to which the authorization applies.
‘‘(E) Each owner of a vessel engaged in any fishery not
listed under paragraph (1)(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 (e), instances
of incidental mortality or injury of marine mammals in the
course of that fishery.
‘‘(4)(A) The Secretary shall suspend or revoke an au-
thorization 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 report-
ing requirements under subsection (e) and such requirements
to take on board an observer under paragraph (3)(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.
‘‘(B) The Secretary may suspend or revoke an author-
ization 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.
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‘‘(C) The owner and master of a vessel which fails to
comply with a take reduction plan shall be subject to the pen-
alties of sections 105 and 107, and may be subject to section
106.
‘‘(5)(A) The Secretary shall develop, in consultation with
the appropriate States, affected Regional Fishery Manage-
ment 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 provi-
sions 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 ad-
ministrative 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.
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‘‘(d) MONITORING
OF INCIDENTAL TAKES.—(1) The
Secretary shall establish a program to monitor incidental
mortality 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 inci-
dental mortality and serious injury;
‘‘(B) determine the reliability of reports of inciden-
tal mortality and serious injury under subsection (e);
and
‘‘(C) identify changes in fishing methods or tech-
nology that may increase or decrease incidental mortality
and serious injury.
‘‘(2) Pursuant to paragraph (1), the Secretary may place
observers on board vessels as necessary, subject to the provi-
sions of this section. Observers may, among other tasks—
‘‘(A) record incidental mortality and injury, 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
commercial fisheries and vessels within a fishery, the Sec-
retary shall be guided by the following standards:
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‘‘(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 ex-
cessive or overly burdensome observer coverage.
‘‘(D) To the extent practicable, the need to mini-
mize costs and avoid duplication.
‘‘(4) To the extent practicable, the Secretary shall allo-
cate observers among commercial fisheries in accordance with
the following priority:
‘‘(A) The highest priority for allocation shall be for
commercial fisheries that have incidental mortality or se-
rious injury of marine mammals from stocks listed as
endangered species or threatened species under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
‘‘(B) The second highest priority for allocation shall
be for commercial fisheries that have incidental mortality
and serious injury of marine mammals from strategic
stocks.
‘‘(C) The third highest priority for allocation shall
be for commercial fisheries that have incidental mortality
or serious injury of marine mammals from stocks for
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which the level of incidental mortality and serious injury
is uncertain.
‘‘(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 ob-
server or the safe operation of the vessel would be jeop-
ardized; or
‘‘(C) for reasons beyond the control of the Sec-
retary, an observer is not available.
‘‘(7) The Secretary may, with the consent of the vessel
owner, station an observer on board a vessel engaged in a
fishery not listed under subsection (c)(1)(A) (i) or (ii).
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‘‘(8) Any proprietary information collected under this
subsection shall be confidential and shall not be disclosed ex-
cept—
‘‘(A) to Federal employees whose duties require ac-
cess to such information;
‘‘(B) to State or tribal employees pursuant to an
agreement with the Secretary that prevents public disclo-
sure 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.
‘‘(9) 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.
‘‘(e) REPORTING REQUIREMENT.—The owner or opera-
tor of a commercial fishing vessel subject to this Act shall re-
port all incidental mortality and injury of marine mammals
in the course of commercial fishing operations to the Sec-
retary by mail or other means acceptable to the Secretary
within 48 hours after the end of each fishing trip on a stand-
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‘‘(2) The immediate goal of a take reduction plan for a
strategic stock shall be to reduce, within 6 months of its im-
plementation, the incidental mortality or serious injury of
marine mammals incidentally taken in the course of commer-
cial fishing operations to levels less than the potential biologi-
cal removal level established for that stock under section 117.
The long-term goal of the plan shall be to reduce, within 5
years of its implementation, the incidental mortality or seri-
ous 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.
‘‘(3) If there is insufficient funding available to develop
and implement a take reduction plan for all such stocks that
interact with commercial fisheries listed under subsection
(c)(1)(A) (i) or (ii), the Secretary shall give highest priority
to the development and implementation of take reduction
plans for species or stocks whose level of incidental mortality
and serious injury exceeds the potential biological removal
level, those that have a small population size, and those which
are declining most rapidly.
‘‘(4) Each take reduction plan shall include—
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‘‘(A) a review of the information in the final stock
assessment published under section 117(b) and any sub-
stantial new information;
‘‘(B) an estimate of the total number and, if pos-
sible, age and gender, of animals from the stock that are
being incidentally lethally taken or seriously injured each
year during the course of commercial fishing operations,
by fishery;
‘‘(C) recommended regulatory or voluntary meas-
ures for the reduction of incidental mortality and serious
injury; and
‘‘(D) recommended dates for achieving the specific
objectives of the plan.
‘‘(5)(A) For any stock in which incidental mortality and
serious injury from commercial fisheries exceeds the potential
biological removal level established under section 117, the
plan shall include measures the Secretary expects will reduce,
within 6 months of the plan’s implementation, such mortality
and serious injury to a level below the potential biological re-
moval level.
‘‘(B) For any stock in which human-caused mortality
and serious injury exceeds the potential biological removal
level, other than a stock to which subparagraph (A) applies,
the plan shall include measures the Secretary expects will re-
duce, to the maximum extent practicable within 6 months of
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the plan’s implementation, the incidental mortality and seri-
ous injury by such commercial fisheries from that stock. For
purposes of this subparagraph, the term ‘maximum extent
practicable’ means to the lowest level that is feasible for such
fisheries within the 6-month period.
‘‘(6)(A) At the earliest possible time (not later than 30
days) after the Secretary issues a final stock assessment
under section 117(b) for a strategic stock, the Secretary
shall, and for stocks that interact with a fishery listed under
subsection (c)(1)(A)(i) for which the Secretary has made a
determination under paragraph (1), the Secretary may—
‘‘(i) establish a take reduction team for such stock
and appoint the members of such team in accordance
with subparagraph (C); and
‘‘(ii) publish in the Federal Register a notice of the
team’s establishment, the names of the team’s appointed
members, the full geographic range of such stock, and
a list of all commercial fisheries that cause incidental
mortality and serious injury of marine mammals from
such stock.
‘‘(B) The Secretary may request a take reduction team
to address a stock that extends over one or more regions or
fisheries, or multiple stocks within a region or fishery, if the
Secretary determines that doing so would facilitate the devel-
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opment and implementation of plans required under this sub-
section.
‘‘(C) Members of take reduction teams shall have exper-
tise regarding the conservation or biology of the marine mam-
mal species which the take reduction plan will address, or the
fishing practices which result in the incidental mortality and
serious injury of such species. Members shall include rep-
resentatives 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, environ-
mental groups, all commercial and recreational fisheries
groups and gear types which incidentally take the species or
stock, Alaska Native organizations or Indian tribal organiza-
tions, and others as the Secretary deems appropriate. Take
reduction teams shall, to the maximum extent practicable,
consist of an equitable balance among representatives of re-
source user interests and nonuser interests.
‘‘(D) 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.
‘‘(E) Members of take reduction teams shall serve with-
out compensation, but may be reimbursed by the Secretary,
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upon request, for reasonable travel costs and expenses in-
curred in performing their duties as members of the team.
‘‘(7) Where the human-caused mortality and serious in-
jury from a strategic stock is estimated to be equal to or
greater than the potential biological removal level established
under section 117 for such stock and such stock interacts
with a fishery listed under subsection (c)(1)(A) (i) or (ii), the
following procedures shall apply in the development of the
take reduction plan for the stock:
‘‘(A)(i) Not later than 6 months after the date of
establishment of a take reduction team for the stock, the
team shall submit a draft take reduction plan for such
stock to the Secretary, consistent with the other provi-
sions of this section.
‘‘(ii) Such draft take reduction plan shall be devel-
oped by consensus. In the event consensus cannot be
reached, the team shall advise the Secretary in writing
on the range of possibilities considered by the team, and
the views of both the majority and minority.
‘‘(B)(i) The Secretary shall take the draft take re-
duction plan into consideration and, not later than 60
days after the submission of the draft plan by the team,
the Secretary shall publish in the Federal Register the
plan proposed by the team, any changes proposed by the
Secretary with an explanation of the reasons therefor,
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and proposed regulations to implement such plan, for
public review and comment during a period of not to ex-
ceed 90 days.
‘‘(ii) In the event that the take reduction team does
not submit a draft plan to the Secretary within 6
months, the Secretary shall, not later than 8 months
after the establishment of the team, publish in the Fed-
eral Register a proposed take reduction plan and imple-
menting regulations, for public review and comment dur-
ing a period of not to exceed 90 days.
‘‘(C) Not later than 60 days after the close of the
comment period required under subparagraph (B), the
Secretary shall issue a final take reduction plan and im-
plementing regulations, consistent with the other provi-
sions of this section.
‘‘(D) The Secretary shall, during a period of 30
days after publication of a final take reduction plan, uti-
lize newspapers of general circulation, fishery trade asso-
ciations, electronic media, and other means of advising
commercial fishermen of the requirements of the plan
and how to comply with them.
‘‘(E) The Secretary and the take reduction team
shall meet every 6 months, or at such other intervals as
the Secretary determines are necessary, to monitor the
implementation of the final take reduction plan until
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such time that the Secretary determines that the objec-
tives of such plan have been met.
‘‘(F) The Secretary shall amend the take reduction
plan and implementing regulations as necessary to meet
the requirements of this section, in accordance with the
procedures in this section for the issuance of such plans
and regulations.
‘‘(8) Where the human-caused mortality and serious in-
jury from a strategic stock is estimated to be less than the
potential biological removal level established under section
117 for such stock and such stock interacts with a fishery
listed under subsection (c)(1)(A) (i) or (ii), or for any marine
mammal stocks which interact with a commercial fishery list-
ed under subsection (c)(1)(A)(i) for which the Secretary has
made a determination under paragraph (1), the following pro-
cedures shall apply in the development of the take reduction
plan for such stock:
‘‘(A)(i) Not later than 11 months after the date of
establishment of a take reduction team for the stock, the
team shall submit a draft take reduction plan for the
stock to the Secretary, consistent with the other provi-
sions of this section.
‘‘(ii) Such draft take reduction plan shall be devel-
oped by consensus. In the event consensus cannot be
reached, the team shall advise the Secretary in writing
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on the range of possibilities considered by the team, and
the views of both the majority and minority.
‘‘(B)(i) The Secretary shall take the draft take re-
duction plan into consideration and, not later than 60
days after the submission of the draft plan by the team,
the Secretary shall publish in the Federal Register the
plan proposed by the team, any changes proposed by the
Secretary with an explanation of the reasons therefor,
and proposed regulations to implement such plan, for
public review and comment during a period of not to ex-
ceed 90 days.
‘‘(ii) In the event that the take reduction team does
not submit a draft plan to the Secretary within 11
months, the Secretary shall, not later than 13 months
after the establishment of the team, publish in the Fed-
eral Register a proposed take reduction plan and imple-
menting regulations, for public review and comment dur-
ing a period of not to exceed 90 days.
‘‘(C) Not later than 60 days after the close of the
comment period required under subparagraph (B), the
Secretary shall issue a final take reduction plan and im-
plementing regulations, consistent with the other provi-
sions of this section.
‘‘(D) The Secretary shall, during a period of 30
days after publication of a final take reduction plan, uti-
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lize newspapers of general circulation, fishery trade asso-
ciations, electronic media, and other means of advising
commercial fishermen of the requirements of the plan
and how to comply with them.
‘‘(E) The Secretary and the take reduction team
shall meet on an annual basis, or at such other intervals
as the Secretary determines are necessary, to monitor
the implementation of the final take reduction plan until
such time that the Secretary determines that the objec-
tives of such plan have been met.
‘‘(F) The Secretary shall amend the take reduction
plan and implementing regulations as necessary to meet
the requirements of this section, in accordance with the
procedures in this section for the issuance of such plans
and regulations.
‘‘(9) In implementing a take reduction plan developed
pursuant to this subsection, the Secretary may, where nec-
essary to implement a take reduction plan to protect or re-
store a marine mammal stock or species covered by such
plan, promulgate regulations which include, but are not lim-
ited to, measures to—
‘‘(A) establish fishery-specific limits on incidental
mortality and serious injury of marine mammals in com-
mercial fisheries or restrict commercial fisheries by time
or area;
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‘‘(B) require the use of alternative commercial fish-
ing gear or techniques and new technologies, encourage
the development of such gear or technology, or convene
expert skippers’ panels;
‘‘(C) educate commercial fishermen, through work-
shops and other means, on the importance of reducing
the incidental mortality and serious injury of marine
mammals in affected commercial fisheries; and
‘‘(D) monitor, in accordance with subsection (d),
the effectiveness of measures taken to reduce the level
of incidental mortality and serious injury of marine
mammals in the course of commercial fishing operations.
‘‘(10)(A) Notwithstanding paragraph (6), in the case of
any stock to which paragraph (1) applies for which a final
stock assessment has not been published under section
117(b)(3) by April 1, 1995, due to a proceeding under sec-
tion 117(b)(2), or any Federal court review of such proceed-
ing, the Secretary shall establish a take reduction team under
paragraph (6) for such stock as if a final stock assessment
had been published.
‘‘(B) The draft stock assessment published for such
stock under section 117(b)(1) shall be deemed the final stock
assessment for purposes of preparing and implementing a
take reduction plan for such stock under this section.
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U.S.C. 1531 et seq.) shall be consistent with any recovery
plan developed for such species or stock under section 4 of
such Act.
‘‘(g) EMERGENCY REGULATIONS.—(1) If the Secretary
finds that the incidental mortality and serious injury of ma-
rine mammals from commercial fisheries is having, or is like-
ly 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, con-
sistent with such plan to the maximum extent prac-
ticable, reduce incidental mortality and serious in-
jury in that fishery; and
‘‘(ii) approve and implement, on an expedited
basis, any amendments to such plan that are rec-
ommended 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 mortality and serious injury in that
fishery; and
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‘‘(ii) approve and implement, on an expedited
basis, such plan, which shall provide methods to ad-
dress 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 devel-
oped, or in the case of a commercial fishery listed under
subsection (c)(1)(A)(iii) which the Secretary believes
may be contributing to such adverse impact, the Sec-
retary shall—
‘‘(i) prescribe emergency regulations to reduce
such incidental mortality and serious injury in that
fishery, to the extent necessary to mitigate such ad-
verse impact;
‘‘(ii) immediately review the stock assessment
for such stock or species and the classification of
such commercial fishery under this section to deter-
mine if a take reduction team should be established;
and
‘‘(iii) may, where necessary to address such ad-
verse impact on a species or stock listed as a threat-
ened species or endangered species under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), place observers on vessels in a commercial
fishery listed under subsection (c)(1)(A)(iii), if the
Secretary has reason to believe such vessels may be
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causing the incidental mortality and serious injury
to marine mammals from such stock.
‘‘(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 Man-
agement Councils, State fishery managers, and the appro-
priate take reduction team (if established).
‘‘(3) Emergency regulations prescribed under this sub-
section—
‘‘(A) shall be published in the Federal Register, to-
gether with an explanation thereof;
‘‘(B) shall remain in effect for not more than 180
days or until the end of the applicable commercial fish-
ing season, whichever is earlier; and
‘‘(C) may be terminated by the Secretary at an ear-
lier date by publication in the Federal Register of a no-
tice of termination, if the Secretary determines that the
reasons for emergency regulations no longer exist.
‘‘(4) If the Secretary finds that incidental mortality and
serious injury of marine mammals in a commercial fishery is
continuing to have an immediate and significant adverse im-
pact on a stock or species, the Secretary may extend the
emergency regulations for an additional period of not more
than 90 days or until reasons for the emergency no longer
exist, whichever is earlier.
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‘‘(h) PENALTIES.—Except as provided in subsection (c),
any person who violates this section shall be subject to the
provisions of sections 105 and 107, and may be subject to
section 106 as the Secretary shall establish by regulations.
‘‘(i) ASSISTANCE.—The Secretary shall provide assist-
ance to Regional Fishery Management Councils, States,
interstate fishery commissions, and Indian tribal organiza-
tions in meeting the goal of reducing incidental mortality and
serious injury to insignificant levels approaching a zero mor-
tality and serious injury rate.
‘‘(j) CONTRIBUTIONS.—For purposes of carrying out this
section, the Secretary may accept, solicit, receive, hold, ad-
minister, and use gifts, devises, and bequests.
‘‘(k) CONSULTATION WITH SECRETARY OF THE INTE-
RIOR.—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 popu-
lation stocks of marine mammals for which the Secretary of
the Interior is responsible under this title.
‘‘(l) DEFINITIONS.—As used in this section and section
101(a)(5)(E), each of the terms ‘fishery’ and ‘vessel of the
United States’ has the same meaning it does in section 3 of
the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1802).’’.
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SEC. 12. DEFINITIONS.
Section 3 (16 U.S.C. 1362) is amended by adding at the
end the following:
‘‘(18)(A) The term ‘harassment’ means any act of
pursuit, torment, or annoyance which—
‘‘(i) has the potential to injure a marine mam-
mal 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, breathing, nursing,
breeding, feeding, or sheltering.
‘‘(B) The term ‘Level A harassment’ means harass-
ment described in subparagraph (A)(i).
‘‘(C) The term ‘Level B harassment’ means harass-
ment described in subparagraph (A)(ii).
‘‘(19) The term ‘strategic stock’ means a marine
mammal stock—
‘‘(A) for which the level of direct human-
caused mortality exceeds the potential biological re-
moval level;
‘‘(B) which, based on the best available sci-
entific information, is declining and is likely to be
listed as a threatened species under the Endangered
Species Act of 1973 within the foreseeable future;
or