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(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 in-
ternal organs) taken in sport hunts in Canada, in-
cluding polar bears taken but not imported prior to
the date of enactment of the Marine Mammal Pro-
tection Act Amendments 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 opportunity for
public comment, finds that—
‘‘(i) Canada has a monitored and enforced
sport hunting program consistent with the pur-
poses 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;
‘‘(iii) the export and subsequent import are
consistent with the provisions of the Convention
on International Trade in Endangered Species
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of Wild Fauna and Flora and other inter-
national agreements and conventions; and
‘‘(iv) the export and subsequent import are
not likely to contribute to illegal trade in bear
parts.
‘‘(B) The Secretary shall establish and charge
a reasonable fee for permits issued under this para-
graph. All fees collected under this paragraph shall
be available to the Secretary for use in developing
and implementing cooperative research and manage-
ment programs for the conservation of polar bears in
Alaska and Russia pursuant to section 113(d).
‘‘(C)(i) The Secretary shall undertake a sci-
entific review of the impact of permits issued under
this paragraph on the polar bear population stocks
in Canada within 2 years after the date of enact-
ment of this paragraph. 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 Secretary determines, based on the scientific re-
view, that the issuance of permits under this para-
graph is having a significant adverse impact on the
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polar bear population stocks in Canada. The Sec-
retary may review such determination annually
thereafter, in light of the best scientific information
available, and shall complete the review not later
than January 31 in any year a review is undertaken.
The Secretary may issue permits under this para-
graph whenever the Secretary determines, on the
basis of such annual review, that the issuance of
permits under this paragraph is not having a signifi-
cant adverse impact on the polar bear population
stocks in Canada.
‘‘(6) A permit may be issued for photography
for educational or commercial purposes involving
marine mammals in the wild only to an applicant
which submits with its permit application informa-
tion indicating that the taking will be limited to
Level B harassment, and the manner in which the
products of such activities will be made available to
the public.
‘‘(7) Upon request by a person for a permit
under paragraph (2), (3), or (4) for a marine mam-
mal which is in the possession of any person author-
ized to possess it under this Act and which is deter-
mined under guidance under section 402(a) not to
be releasable to the wild, the Secretary shall issue
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the permit to the person requesting the permit if
that person—
‘‘(A) meets the requirements of clauses (i),
(ii), and (iii) of paragraph (2)(A), in the case
of a request for a permit under paragraph (2);
‘‘(B) meets the requirements of paragraph
(3), in the case of a request for a permit under
that paragraph; or
‘‘(C) meets the requirements of paragraph
(4), in the case of a request for a permit under
that paragraph.
‘‘(8)(A) No additional permit or authorization
shall be required to possess, sell, purchase, trans-
port, export, or offer to sell or purchase the progeny
of marine mammals taken or imported under this
subsection, if such possession, sale, purchase, trans-
port, export, or offer to sell or purchase is—
‘‘(i) for the purpose of public display, and
by or to, respectively, a person which meets the
requirements of clauses (i), (ii), and (iii) of
paragraph (2)(A);
‘‘(ii) for the purpose of scientific research,
and by or to, respectively, a person which meets
the requirements of paragraph (3); or
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‘‘(iii) for the purpose of enhancing the sur-
vival or recovery of a species or stock, and by
or to, respectively, a person which meets the re-
quirements of paragraph (4).
‘‘(B)(i) A person which has a permit under
paragraph (2), or a person exercising rights under
paragraph (2)(C), which has possession of a marine
mammal that gives birth to progeny shall—
‘‘(I) notify the Secretary of the birth of
such progeny within 30 days after the date of
birth; and
‘‘(II) notify the Secretary of the sale, pur-
chase, or transport of such progeny no later
than 15 days before such action.
‘‘(ii) The Secretary may only require notifica-
tion under clause (i) to include the information re-
quired for the inventory established under paragraph
(10).
‘‘(C) Any progeny of a marine mammal born in
captivity before the date of the enactment of the Ma-
rine Mammal Protection Act Amendments of 1994
and held in captivity for the purpose of public dis-
play shall be treated as though born after that date
of enactment.
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‘‘(9) No marine mammal may be exported for
the purpose of public display, scientific research, or
enhancing the survival or recovery of a species or
stock unless the receiving facility meets standards
that are comparable to the requirements that a per-
son must meet to receive a permit under this sub-
section for that purpose.
‘‘(10) The Secretary shall establish and main-
tain an inventory of all marine mammals possessed
pursuant to permits issued under paragraph (2)(A),
by persons exercising rights under paragraph (2)(C),
and all progeny of such marine mammals. The in-
ventory shall contain, for each marine mammal, only
the following information which shall be provided by
a person holding a marine mammal under this Act:
‘‘(A) The name of the marine mammal or
other identification.
‘‘(B) The sex of the marine mammal.
‘‘(C) The estimated or actual birth date of
the marine mammal.
‘‘(D) The date of acquisition or disposition
of the marine mammal by the permit holder.
‘‘(E) The source from whom the marine
mammal was acquired including the location of
the take from the wild, if applicable.
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‘‘(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 deter-
mined.’’; and
(3) in subsection (e)(1) by—
(A) striking ‘‘or’’ at the end of subpara-
graph (A);
(B) striking the period at the end of sub-
paragraph (B) and inserting ‘‘, or’’; and
(C) adding at the end the following new
subparagraph:
‘‘(C) if, in the case of a permit under sub-
section (c)(5) authorizing importation of polar bear
parts, the Secretary, in consultation with the appro-
priate authority in Canada, determines that the sus-
tainability of Canada’s polar bear population stocks
are being adversely affected or that sport hunting
may be having a detrimental effect on maintaining
polar bear population stocks throughout their
range.’’.
(c) EXISTING PERMITS.—Any permit issued under
section 104(c)(2) of the Marine Mammal Protection Act
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of 1972 (16 U.S.C. 1374(c)(2)) before the date of the en-
actment 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
(B) by inserting at the end the following
new clause:
‘‘(iii) for care and maintenance of marine mam-
mal seized under section 104(c)(2)(D); and’’; and
(2) in subsection (d) by inserting after ‘‘For
purposes of carrying out this title’’ the following:
‘‘and section 104(c)(2)(D)’’.
SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICA-
TION TO OTHER TREATIES AND CONVEN-
TIONS.
(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
assessment under section 117 or other significant new in-
formation obtained under this Act, that impacts on rook-
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eries, mating grounds, or other areas of similar ecological
significance to marine mammals may be causing the de-
cline or impeding the recovery of a strategic stock, the
Secretary may develop and implement conservation or
management measures to alleviate those impacts. Such
measures shall be developed and implemented after con-
sultation with the Marine Mammal Commission and the
appropriate Federal agencies and after notice and oppor-
tunity for public comment.’’.
(b) INTERNATIONAL POLAR BEAR CONSERVATION.—
Section 113 (16 U.S.C. 1383) is amended by—
(1) designating the existing paragraph as sub-
section (a); and
(2) adding at the end the following new sub-
sections:
‘‘(b) Not later than 1 year after the date of enact-
ment 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 effec-
tiveness of the Agreement on the Conservation of Polar
Bears, as provided for in Article IX of the Agreement, and
establish a process by which future reviews shall be con-
ducted.
‘‘(c) The Secretary of the Interior, in consultation
with the Secretary of State and the Marine Mammal Com-
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mission, shall review the effectiveness of United States im-
plementation of the Agreement on the Conservation of
Polar Bears, particularly with respect to the habitat pro-
tection mandates contained in Article II. The Secretary
shall report the results of this review to the Committee
on Merchant Marine and Fisheries of the House of Rep-
resentatives 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
Secretary of State and in consultation with the Marine
Mammal Commission and the State of Alaska, shall con-
sult with the appropriate officials of the Russian Federa-
tion on the development and implementation of enhanced
cooperative research and management programs for the
conservation of polar bears in Alaska and Russia. The
Secretary shall report the results of this consultation and
provide periodic progress reports on the research and
management programs to the Committee on Merchant
Marine and Fisheries of the House of Representatives and
the Committee on Commerce, Science and Transportation
of the Senate.’’.
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SEC. 8. CONSERVATION PLANS.
Section 115(b) (16 U.S.C. 1383b(b)) is amended by
adding at the end the following new paragraph:
‘‘(4) If the Secretary determines that a take reduc-
tion plan is necessary to reduce the incidental taking of
marine mammals in the course of commercial fishing oper-
ations from a strategic stock, or for species or stocks
which interact with a commercial fishery for which the
Secretary has made a determination under section
118(f)(1), any conservation plan prepared under this sub-
section 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:
‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) DEPARTMENT OF COMMERCE.—(1) There are
authorized to be appropriated to the Department of Com-
merce, for purposes of carrying out its functions and re-
sponsibilities 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.
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‘‘(2) There are authorized to be appropriated to the
Department 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
authorized to be appropriated to the Department of the
Interior, for purposes of carrying out its functions and re-
sponsibilities under this title, $8,000,000 for fiscal year
1994, $8,600,000 for fiscal year 1995, $9,000,000 for fis-
cal year 1996, $9,400,000 for fiscal year 1997,
$9,900,000 for fiscal year 1998, and $10,296,000 for fis-
cal 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 Ma-
rine Mammal Commission, for purposes of 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.’’.
(c) REPEAL.—Section 7 of the Act entitled ‘‘An Act
to improve the operation of the Marine Mammal Protec-
tion Act of 1972, and for other purposes’’, approved Octo-
ber 9, 1981 (16 U.S.C. 1384 and 1407), is repealed.
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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 sub-
section (d), prepare a draft stock assessment for each ma-
rine mammal stock which occurs in waters under the juris-
diction of the United States. Each draft stock assessment,
based on the best scientific information available, shall—
‘‘(1) describe the geographic range of the af-
fected stock, including any seasonal or temporal var-
iation in such range;
‘‘(2) provide for such stock the minimum popu-
lation estimate, current and maximum net productiv-
ity rates, and current population trend, including a
description of the information upon which these are
based;
‘‘(3) estimate the annual human-caused mortal-
ity and serious injury of the stock by source and, for
a strategic stock, other factors that may be causing
a decline or impeding recovery of the stock, includ-
ing effects on marine mammal habitat and prey;
‘‘(4) describe commercial fisheries that interact
with the stock, including—
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‘‘(A) the approximate number of vessels
actively participating in each such fishery;
‘‘(B) the estimated level of incidental mor-
tality and serious injury of the stock by each
such fishery on an annual basis;
‘‘(C) seasonal or area differences in such
incidental mortality or serious injury; and
‘‘(D) the rate, based on the appropriate
standard unit of fishing effort, of such inciden-
tal mortality and serious injury, and an analysis
stating whether such level is insignificant and is
approaching 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 sustain-
able population; or
‘‘(B) is a strategic stock, with a descrip-
tion of the reasons therefor; and
‘‘(6) estimate the potential biological removal
level for the stock, describing the information used
to calculate it, including the recovery factor.
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‘‘(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 sig-
nificant 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 accu-
rately determined, the Secretary shall revise the stock as-
sessment 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 environmental and fishery groups, establish
three independent regional scientific review groups rep-
resenting Alaska, the Pacific Coast (including Hawaii),
and the Atlantic Coast (including the Gulf of Mexico), con-
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sisting of individuals with expertise in marine mammal bi-
ology and ecology, population dynamics and modeling,
commercial fishing technology and practices, and stocks
taken under section 101(b). The Secretary 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 regard-
ing stock separation, abundance, or trends, and fac-
tors affecting the distribution, size, or productivity
of the stock;
‘‘(C) uncertainties and research needed regard-
ing the species, number, ages, gender, and reproduc-
tive status of marine mammals;
‘‘(D) research needed to identify modifications
in fishing gear and practices likely to reduce the in-
cidental mortality and serious injury of marine
mammals in commercial fishing operations;
‘‘(E) the actual, expected, or potential impacts
of habitat destruction, including marine pollution
and natural environmental change, on specific ma-
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rine 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 Advi-
sory Committee Act (5 App. U.S.C.).
‘‘(3) Members of the scientific review groups shall
serve without compensation, but may be reimbursed by the
Secretary, upon request, for reasonable travel costs and
expenses incurred in performing their obligations.
‘‘(4) The Secretary may appoint or reappoint individ-
uals to the regional scientific review groups under para-
graph (1) as needed.
‘‘(e) EFFECT
ON SECTION 101(b).—This section
shall not affect or otherwise modify the provisions of sec-
tion 101(b).’’.
SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO
COMMERCIAL 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 en-
actment 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 operations by persons using vessels of the United
States or vessels which have valid fishing permits issued
by the Secretary in accordance with section 204(b) of the
Magnuson Fishery Conservation and Management Act (16
U.S.C. 1824(b)). In any event it shall be the immediate
goal that the incidental mortality or serious injury of ma-
rine mammals occurring in the course of commercial fish-
ing operations be reduced to insignificant levels approach-
ing a zero mortality and serious injury rate within 7 years
after the date of enactment of this section.
‘‘(2) In the case of the incidental taking of marine
mammals from species or stocks designated under this Act
as depleted on the basis of their listing as threatened spe-
cies 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 sec-
tion, shall govern the taking of marine mammals in the
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course of commercial purse seine fishing for yellowfin tuna
in the eastern tropical Pacific Ocean.
‘‘(4) This section shall not govern the incidental tak-
ing 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) Commer-
cial fisheries shall reduce incidental mortality and serious
injury of marine mammals to insignificant levels ap-
proaching a zero mortality and serious injury rate within
7 years after the date of enactment of this section.
‘‘(2) Fisheries which maintain insignificant serious
injury and mortality levels approaching a zero rate shall
not be required to further reduce their mortality and seri-
ous injury rates.
‘‘(3) Three years after such date of enactment, the
Secretary shall review the progress of all commercial fish-
eries, by fishery, toward reducing incidental mortality and
serious injury to insignificant levels approaching a zero
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rate. The Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Merchant Marine and Fisheries of the
House of Representatives a report setting forth the results
of such review within 1 year after commencement of the
review. The Secretary shall note any commercial fishery
for which additional information is required 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
serious 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
comment, for a period of not less than 90 days, any
necessary changes to the Secretary’s list of commer-
cial fisheries published under section 114(b)(1) and
which is in existence on March 31, 1994 (along with
an explanation of such changes and a statement de-
scribing the marine mammal stocks interacting with,
and the approximate number of vessels or persons
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actively involved in, each such fishery), with respect
to commercial fisheries that have—
‘‘(i) frequent incidental mortality and seri-
ous injury of marine mammals;
‘‘(ii) occasional incidental mortality and se-
rious injury of marine mammals; or
‘‘(iii) a remote likelihood of or no known
incidental mortality or serious injury of marine
mammals;
‘‘(B) after the close of the period for such pub-
lic comment, publish in the Federal Register a re-
vised list of commercial fisheries and an update of
information required by subparagraph (A), together
with a summary of the provisions of this section and
information sufficient to advise vessel owners on how
to obtain an authorization and otherwise comply
with the requirements of this section; and
‘‘(C) at least once each year thereafter, and at
such other times as the Secretary considers appro-
priate, reexamine, based on information gathered
under this Act and other relevant sources and after
notice and opportunity for public comment, the clas-
sification of commercial fisheries and other deter-
minations required under subparagraph (A) and
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publish in the Federal Register any necessary
changes.
‘‘(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 reg-
istration form providing the name of the vessel owner and
operator, the name and description of the vessel, the fish-
eries in which it will be engaged, the approximate time,
duration, and location of such fishery operations, and the
general type and nature of use of the fishing gear and
techniques used. Such information shall be in a readily
usable format that can be efficiently entered into and uti-
lized by an automated or computerized data processing
system. A decal or other physical evidence that the author-
ization is current and valid shall be issued by the Sec-
retary 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
Secretary in accordance with section 204(b) of the
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Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1824(b)).
‘‘(C) Except as provided in subsection (a), an author-
ization granted under this section shall allow the inciden-
tal taking of all species and stocks of marine mammals
to which this Act applies.
‘‘(3)(A) An owner of a vessel engaged in any fishery
listed under paragraph (1)(A) (i) or (ii) shall, in order
to engage in the lawful incidental taking of marine mam-
mals in a commercial fishery—
‘‘(i) have registered as required under para-
graph (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, ex-
cept that owners of vessels holding valid certificates
of exemption under section 114 are deemed to have
registered for purposes of this subsection for the pe-
riod during which such exemption is valid;
‘‘(ii) ensure that a decal or such other physical
evidence of a current and valid authorization as the
Secretary may require is displayed on or is in the
possession of the master of each such vessel;
‘‘(iii) report as required by subsection (e); and
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‘‘(iv) comply with any applicable take reduction
plan and emergency regulations issued under this
section.
‘‘(B) Any owner of a vessel receiving an authorization
under this section for any fishery listed under paragraph
(1)(A) (i) or (ii) shall, as a condition of that authorization,
take on board an observer if requested to do so by the
Secretary.
‘‘(C) An owner of a vessel engaged in a fishery listed
under paragraph (1)(A) (i) or (ii) who—
‘‘(i) fails to obtain from the Secretary an au-
thorization for such vessel under this section;
‘‘(ii) fails to maintain a current and valid au-
thorization for such vessel; or
‘‘(iii) fails to ensure that a decal or other phys-
ical evidence of such authorization issued by the Sec-
retary is displayed on or is in possession of the mas-
ter of the vessel,
and the master of any such vessel engaged in such fishery,
shall be deemed to have violated this title, and for viola-
tions of clauses (i) and (ii) shall be subject to the penalties
of this title, and for violations of clause (iii) shall be sub-
ject 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
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under this section and meets the requirements set forth
in this section, including compliance with any regulations
to implement a take reduction plan under this section, the
owner of such vessel, and the master and crew members
of the vessel, shall not be subject to the penalties set forth
in this title for the incidental taking of marine mammals
while such vessel is engaged in a fishery to which the au-
thorization applies.
‘‘(E) Each owner of a vessel engaged in any fishery
not listed under paragraph (1)(A) (i) or (ii), and the mas-
ter 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 sub-
section (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 reporting requirements under subsection (e) and such
requirements to take on board an observer under para-
graph (3)(B) as are applicable to such vessel. Previous
failure to comply with the requirements of section 114
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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 au-
thorization granted under this subsection, and may not
issue a decal or other physical evidence of the authoriza-
tion for any vessel which fails to comply with a take reduc-
tion plan or emergency regulations issued under this sec-
tion.
‘‘(C) The owner and master of a vessel which fails
to comply with a take reduction plan shall be subject to
the penalties 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
Management Councils, and other interested persons, the
means by which the granting and administration of au-
thorizations under this section shall be integrated and co-
ordinated, to the maximum extent practicable, with exist-
ing fishery licenses, registrations, and related programs.
‘‘(B) The Secretary shall utilize newspapers of gen-
eral circulation, fishery trade associations, electronic
media, and other means of advising commercial fishermen
of the provisions of this section and the means by which
they can comply with its requirements.
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‘‘(C) The Secretary is authorized to charge a fee for
the granting of an authorization under this section. The
level of fees charged under this subparagraph shall not
exceed the administrative costs incurred in granting an
authorization. Fees collected under this subparagraph
shall be available to the Under Secretary of Commerce for
Oceans and Atmosphere for expenses incurred in the
granting and administration of authorizations under this
section.
‘‘(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 in-
cidental mortality and serious injury;
‘‘(B) determine the reliability of reports of inci-
dental mortality and serious injury under subsection
(e); and
‘‘(C) identify changes in fishing methods or
technology 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
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the provisions 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 sight-
ed; and
‘‘(C) perform other scientific investigations.
‘‘(3) In determining the distribution of observers
among commercial fisheries and vessels within a fishery,
the Secretary shall be guided by the following standards:
‘‘(A) The requirement to obtain statistically re-
liable information.
‘‘(B) The requirement that assignment of ob-
servers is fair and equitable among fisheries and
among vessels in a fishery.
‘‘(C) The requirement that no individual person
or vessel, or group of persons or vessels, be subject
to excessive or overly burdensome observer coverage.
‘‘(D) To the extent practicable, the need to
minimize costs and avoid duplication.
‘‘(4) To the extent practicable, the Secretary shall al-
locate observers among commercial fisheries in accordance
with the following priority:
‘‘(A) The highest priority for allocation shall be
for commercial fisheries that have incidental mortal-
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ity or serious injury of marine mammals from stocks
listed as endangered species or threatened species
under the Endangered 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 which the level of incidental mortality and
serious injury is uncertain.
‘‘(5) The Secretary may establish an alternative ob-
server program to provide statistically reliable information
on the species and number of marine mammals inciden-
tally taken in the course of commercial fishing operations.
The alternative observer program may include direct ob-
servation of fishing activities from vessels, airplanes, or
points on shore.
‘‘(6) The Secretary is not required to place an ob-
server 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,
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statistically reliable information can be obtained
from an observer on board the processing vessel to
which the fish are delivered;
‘‘(B) the facilities on a vessel for quartering of
an observer, or for carrying out observer functions,
are so inadequate or unsafe that the health or safety
of the observer or the safe operation of the vessel
would be jeopardized; or
‘‘(C) for reasons beyond the control of the Sec-
retary, an observer is not available.
‘‘(7) The Secretary may, with the consent of the ves-
sel owner, station an observer on board a vessel engaged
in a fishery not listed under subsection (c)(1)(A) (i) or
(ii).
‘‘(8) Any proprietary information collected under this
subsection shall be confidential and shall not be disclosed
except—
‘‘(A) to Federal employees whose duties require
access to such information;
‘‘(B) to State or tribal employees pursuant to
an agreement with the Secretary that prevents pub-
lic disclosure of the identity or business of any per-
son;
‘‘(C) when required by court order; or
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‘‘(D) in the case of scientific information involv-
ing fisheries, to employees of Regional Fishery Man-
agement 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, ex-
cept 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 op-
erator of a commercial fishing vessel subject to this Act
shall report all incidental mortality and injury of marine
mammals in the course of commercial fishing operations
to the Secretary by mail or other means acceptable to the
Secretary within 48 hours after the end of each fishing
trip on a standard postage-paid form to be developed by
the Secretary under this section. Such form shall be capa-
ble of being readily entered into and usable by an auto-
mated or computerized data processing system and shall
require the vessel owner or operator to provide the follow-
ing:
‘‘(1) The vessel name, and Federal, State, or
tribal registration numbers of the registered vessel.
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‘‘(2) The name and address of the vessel owner
or operator.
‘‘(3) The name and description of the fishery.
‘‘(4) The species of each marine mammal inci-
dentally killed or injured, and the date, time, and
approximate geographic location of such occurrence.
‘‘(f) TAKE REDUCTION PLANS.—(1) The Secretary
shall develop and implement a take reduction plan de-
signed to assist in the recovery or prevent the depletion
of each strategic stock which interacts with a commercial
fishery listed under subsection (c)(1)(A) (i) or (ii), and
may develop and implement such a plan for any other ma-
rine mammal stocks which interact with a commercial
fishery listed under subsection (c)(1)(A)(i) which the Sec-
retary determines, after notice and opportunity for public
comment, has a high level of mortality and serious injury
across a number of such marine mammal stocks.
‘‘(2) The immediate goal of a take reduction plan for
a strategic stock shall be to reduce, within 6 months of
its implementation, the incidental mortality or serious in-
jury of marine mammals incidentally taken in the course
of commercial fishing operations to levels less than the po-
tential biological 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 in-
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cidental mortality or serious injury of marine mammals
incidentally taken in the course of commercial fishing op-
erations to insignificant levels approaching a zero mortal-
ity and serious injury rate, taking into account the eco-
nomics of the fishery, the availability of existing tech-
nology, and existing State or regional fishery management
plans.
‘‘(3) If there is insufficient funding available to de-
velop 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 poten-
tial biological removal level, those that have a small popu-
lation size, and those which are declining most rapidly.
‘‘(4) Each take reduction plan shall include—
‘‘(A) a review of the information in the final
stock assessment published under section 117(b) and
any substantial new information;
‘‘(B) an estimate of the total number and, if
possible, age and gender, of animals from the stock
that are being incidentally lethally taken or seriously
injured each year during the course of commercial
fishing operations, by fishery;
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‘‘(C) recommended regulatory or voluntary
measures for the reduction of incidental mortality
and serious injury; and
‘‘(D) recommended dates for achieving the spe-
cific 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 po-
tential biological removal 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) ap-
plies, the plan shall include measures the Secretary ex-
pects will reduce, to the maximum extent practicable with-
in 6 months of the plan’s implementation, the incidental
mortality and serious 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 assess-
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ment under section 117(b) for a strategic stock, the Sec-
retary shall, and for stocks that interact with a fishery
listed under subsection (c)(1)(A)(i) for which the Sec-
retary 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 ac-
cordance 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 ma-
rine 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 development and implementation of plans re-
quired under this subsection.
‘‘(C) Members of take reduction teams shall have ex-
pertise regarding the conservation or biology of the marine
mammal species which the take reduction plan will ad-
dress, or the fishing practices which result in the inciden-
tal mortality and serious injury of such species. Members
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shall include representatives of Federal agencies, each
coastal State which has fisheries which interact with the
species or stock, appropriate Regional Fishery Manage-
ment Councils, interstate fisheries commissions, academic
and scientific organizations, environmental groups, all
commercial and recreational fisheries groups and gear
types which incidentally take the species or stock, Alaska
Native organizations or Indian tribal organizations, and
others as the Secretary deems appropriate. Take reduction
teams shall, to the maximum extent practicable, consist
of an equitable balance among representatives of resource
user interests and nonuser interests.
‘‘(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 pub-
lic, and prior notice of meetings shall be made public in
a timely fashion.
‘‘(E) Members of take reduction teams shall serve
without compensation, but may be reimbursed by the Sec-
retary, upon request, for reasonable travel costs and ex-
penses incurred in performing their duties as members of
the team.
‘‘(7) Where the human-caused mortality and serious
injury from a strategic stock is estimated to be equal to
or greater than the potential biological removal level estab-
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lished 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 devel-
opment 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 provisions of this section.
‘‘(ii) Such draft take reduction plan shall be de-
veloped 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 mi-
nority.
‘‘(B)(i) The Secretary shall take the draft take
reduction 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 imple-
ment such plan, for public review and comment dur-
ing a period of not to exceed 90 days.
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‘‘(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 Federal Register a proposed take reduction
plan and implementing regulations, for public review
and comment during 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 implementing regulations, consistent with
the other provisions of this section.
‘‘(D) The Secretary shall, during a period of 30
days after publication of a final take reduction plan,
utilize newspapers of general circulation, fishery
trade associations, electronic media, and other
means of advising commercial fishermen of the re-
quirements 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 in-
tervals as the Secretary determines are necessary, to
monitor the implementation of the final take reduc-
tion plan until such time that the Secretary deter-
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mines that the objectives of such plan have been
met.
‘‘(F) The Secretary shall amend the take reduc-
tion plan and implementing regulations as necessary
to meet the requirements of this section, in accord-
ance with the procedures in this section for the issu-
ance of such plans and regulations.
‘‘(8) Where the human-caused mortality and serious
injury from a strategic stock is estimated to be less than
the potential biological removal level established under sec-
tion 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 commer-
cial fishery listed under subsection (c)(1)(A)(i) for which
the Secretary has made a determination under paragraph
(1), the following procedures shall apply in the develop-
ment 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 provisions of this section.
‘‘(ii) Such draft take reduction plan shall be de-
veloped by consensus. In the event consensus cannot
be reached, the team shall advise the Secretary in
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writing on the range of possibilities considered by
the team, and the views of both the majority and mi-
nority.
‘‘(B)(i) The Secretary shall take the draft take
reduction 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 imple-
ment such plan, for public review and comment dur-
ing a period of not to exceed 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 Federal Register a proposed take reduction
plan and implementing regulations, for public review
and comment during 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 implementing regulations, consistent with
the other provisions of this section.
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‘‘(D) The Secretary shall, during a period of 30
days after publication of a final take reduction plan,
utilize newspapers of general circulation, fishery
trade associations, electronic media, and other
means of advising commercial fishermen of the re-
quirements 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 re-
duction plan until such time that the Secretary de-
termines that the objectives of such plan have been
met.
‘‘(F) The Secretary shall amend the take reduc-
tion plan and implementing regulations as necessary
to meet the requirements of this section, in accord-
ance with the procedures in this section for the issu-
ance 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
restore a marine mammal stock or species covered by such
plan, promulgate regulations which include, but are not
limited to, measures to—
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‘‘(A) establish fishery-specific limits on inciden-
tal mortality and serious injury of marine mammals
in commercial fisheries or restrict commercial fish-
eries by time or area;
‘‘(B) require the use of alternative commercial
fishing gear or techniques and new technologies, en-
courage the development of such gear or technology,
or convene expert skippers’ panels;
‘‘(C) educate commercial fishermen, through
workshops 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 sec-
tion 117(b)(3) by April 1, 1995, due to a proceeding under
section 117(b)(2), or any Federal court review of such pro-
ceeding, the Secretary shall establish a take reduction
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‘‘(E) Subparagraph (D) shall not apply for any pe-
riod beyond two years during which a final stock assess-
ment for such stock has not been published due to review
of a proceeding on such stock assessment by a Federal
court. Immediately upon final action by such court, the
Secretary shall proceed under subparagraph (C).
‘‘(11) Take reduction plans developed under this sec-
tion for a species or stock listed as a threatened species
or endangered species under the Endangered Species Act
of 1973 (16 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 Sec-
retary finds that the incidental mortality and serious in-
jury of marine mammals from commercial fisheries is hav-
ing, or is likely to have, an immediate and significant ad-
verse impact on a stock or species, the Secretary shall take
actions as follows:
‘‘(A) In the case of a stock or species for which
a take reduction plan is in effect, the Secretary
shall—
‘‘(i) prescribe emergency regulations that,
consistent with such plan to the maximum ex-
tent practicable, reduce incidental mortality and
serious injury in that fishery; and
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‘‘(ii) approve and implement, on an expe-
dited basis, any amendments to such plan that
are recommended by the take reduction team to
address such adverse impact.
‘‘(B) In the case of a stock or species for which
a take reduction plan is being developed, the Sec-
retary shall—
‘‘(i) prescribe emergency regulations to re-
duce such incidental mortality and serious in-
jury in that fishery; and
‘‘(ii) approve and implement, on an expe-
dited basis, such plan, which shall provide
methods to address such adverse impact if still
necessary.
‘‘(C) In the case of a stock or species for which
a take reduction plan does not exist and is not being
developed, or in the case of a commercial fishery list-
ed under subsection (c)(1)(A)(iii) which the Sec-
retary believes may be contributing to such adverse
impact, the Secretary shall—
‘‘(i) prescribe emergency regulations to re-
duce such incidental mortality and serious in-
jury in that fishery, to the extent necessary to
mitigate such adverse impact;
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‘‘(ii) immediately review the stock assess-
ment for such stock or species and the classi-
fication of such commercial fishery under this
section to determine if a take reduction team
should be established; and
‘‘(iii) may, where necessary to address
such adverse impact on a species or stock listed
as a threatened species or endangered species
under the Endangered 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 be-
lieve such vessels may be causing the incidental
mortality and serious injury to marine mam-
mals 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
Management Councils, State fishery managers, and the
appropriate take reduction team (if established).
‘‘(3) Emergency regulations prescribed under this
subsection—
‘‘(A) shall be published in the Federal Register,
together with an explanation thereof;
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‘‘(B) shall remain in effect for not more than
180 days or until the end of the applicable commer-
cial fishing season, whichever is earlier; and
‘‘(C) may be terminated by the Secretary at an
earlier date by publication in the Federal Register of
a notice of termination, if the Secretary determines
that the reasons for emergency regulations no longer
exist.
‘‘(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 impact 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 emer-
gency no longer exist, whichever is earlier.
‘‘(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 as-
sistance to Regional Fishery Management Councils,
States, interstate fishery commissions, and Indian tribal
organizations in meeting the goal of reducing incidental
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mortality and serious injury to insignificant levels ap-
proaching a zero mortality and serious injury rate.
‘‘(j) CONTRIBUTIONS.—For purposes of carrying out
this section, the Secretary may accept, solicit, receive,
hold, administer, and use gifts, devises, and bequests.
‘‘(k) CONSULTATION WITH SECRETARY OF THE IN-
TERIOR.—The Secretary shall consult with the Secretary
of the Interior prior to taking actions or making deter-
minations under this section that affect or relate to species
or population stocks of marine mammals for which the
Secretary of the Interior is responsible under this title.
‘‘(l) DEFINITIONS.—As used in this section and sec-
tion 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 Man-
agement Act (16 U.S.C. 1802).’’.
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
mammal or marine mammal stock in the wild;
or