unless the Secretary determines that the results of
such research will directly benefit that species or
stock, or that such research fulfills a critically im-
portant research need.
‘‘(C) Not later than 120 days after the date of
enactment of the Marine Mammal Protection Act
Amendments of 1994, the Secretary shall issue a
general authorization and implementing regulations
allowing bona fide scientific research that may result
only in taking by Level B harassment of a marine
mammal. Such authorization 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 following:
‘‘(i) The species or stocks of marine mam-
mals which may be harassed.
‘‘(ii) Geographic location of the research.
‘‘(iii) The period of time over which the re-
search will be conducted.
‘‘(iv) The purpose of the research, includ-
ing a description of how the definition of bona
fide research 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 gen-
eral authorization, the Secretary may notify the ap-
plicant that the proposed research is likely to result
in the taking, including Level A harassment, of a
marine mammal, and that subparagraph (A) applies.
If no such notification is received, the proposed re-
search shall be covered under the general authoriza-
tion.’’; 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 in-
ternal organs) taken in sport hunts in Canada, in-
cluding polar bears taken 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. Such a permit shall be
issued if the Secretary, in consultation with the Ma-
rine 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 pur-
poses of the Agreement on the Conservation of
Polar Bears;
‘‘(ii) Canada has a sport hunting program
based on scientifically sound quotas ensuring
sustainable populations;
‘‘(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 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).
‘‘(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
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
‘‘(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-
‘‘(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.
‘‘(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 populations are
being adversely affected or that sport hunting may
be having a detrimental effect on maintaining polar
bear populations throughout their range.’’.
(c) EXISTING PERMITS.—Any permit issued under
section 104(c)(2) of the Marine Mammal Protection Act
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. 7. PURPOSE AND USE OF THE FUND.
Section 405 (16 U.S.C. 1421d) as amended by this
Act is further amended—
(1)(A) in subsection (b)(1)(A) by striking
‘‘and’’ at the end of clause (i); and
(B) by inserting a new clause (iii) as follows:
‘‘(iii) for care and maintenance of a marine
mammal seized under section 104(c)(2)(C);
and’’; and
(2) in subsection (d) by striking ‘‘For purposes
of carrying out this title, the’’ and inserting ‘‘The’’.
SEC. 8. APPLICATION TO OTHER TREATIES AND CONVEN-
TIONS.
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-
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.’’.
SEC. 9. TAKING OF MARINE MAMMALS INCIDENTAL TO
COMMERCIAL FISHING OPERATIONS; COOP-
ERATIVE AGREEMENTS IN ALASKA.
(a) IN GENERAL.—Title I (16 U.S.C. 1371 et seq.)
is amended by adding at the end the following new sec-
tions:
‘‘SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO
COMMERCIAL FISHING OPERATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) Effective on the date of enactment of the
Marine Mammal Protection Act Amendments of
1994 and except as provided in paragraphs (2), (3),
and (4), 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 and 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)). It shall be the immediate goal that
the incidental kill or serious injury of marine mam-
mals permitted in the course of commercial fishing
operations be reduced to insignificant levels ap-
proaching a zero mortality and serious injury rate
within 5 years after the date of enactment of the
Marine Mammal Protection Act Amendments of
1994.
‘‘(2) Section 101 and not this section shall gov-
ern the incidental taking of a marine mammal listed
as an endangered species or threatened species
under the Endangered Species Act of 1973.
‘‘(3) Section 104(h) and title III and not this
section shall govern the taking of marine mammals
in the course of commercial purse seine fishing for
yellowfin tuna in the eastern 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
intentional lethal take of any marine mammal in the
course of commercial fishing operations is prohib-
ited.
‘‘(b) SCIENTIFIC CONSULTATION.—
‘‘(1) Not later than 60 days after the date of
enactment of the Marine Mammal Protection Act
Amendments of 1994, the Secretary shall, in con-
sultation with the Marine Mammal Commission, es-
tablish independent scientific review groups rep-
resenting Alaska, the Pacific coast (including Ha-
waii), the Gulf of Mexico, and the Atlantic coast
consisting of individuals with expertise in marine
mammal biology and ecology, population dynamics
and modeling, and commercial fishing technology
and practices, and representatives of coastal States,
for the purposes of reviewing proposed actions under
this section. The groups shall advise the Secretary
on—
‘‘(A) population estimates for those marine
mammal stocks taken incidental to commercial
fishing operations;
‘‘(B) the population status and trends of
such stocks;
‘‘(C) uncertainties and research needed re-
garding stock separation, abundance, or trends,
and factors affecting the distribution, size, or
productivity of the stock;
‘‘(D) uncertainties and research needed re-
garding the species, number, ages, gender, and
reproductive status of marine mammals taken
incidental to commercial fishing operations;
‘‘(E) research needed to identify modifica-
tions in fishing gear and practices likely to re-
duce the mortality and serious injury of marine
mammals incidental to commercial fishing oper-
ations;
‘‘(F) the potential impacts of habitat de-
struction, including marine pollution and natu-
ral environmental change, on specific marine
mammal species or stocks; and
‘‘(G) 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 Committee Act (5 App. U.S.C.).
‘‘(3) Members of the scientific review groups
shall serve without compensation, but may be reim-
bursed by the Secretary, upon request, for reason-
able travel costs and expenses incurred in perform-
ing their obligations.
‘‘(c) STOCK ASSESSMENTS AND DETERMINATIONS OF
STRATEGIC STOCKS.—
‘‘(1) Not later than 60 days after the establish-
ment of the scientific review groups under subsection
(b), the Secretary shall, in consultation with the sci-
entific review groups, prepare proposed stock assess-
ments of each marine mammal stock which occurs in
waters under the jurisdiction of the United States
and which is taken incidental to commercial fishing
operations, and shall publish notice of its availability
in the Federal Register for public review and com-
ment for a period which shall not exceed 60 days.
Each proposed stock assessment shall include—
‘‘(A) the area in which each stock is lo-
cated and, if migratory, the season of its loca-
tion in that area;
‘‘(B) the best available estimates of mini-
mum population size, most likely population
size, stock separation, productivity, current pop-
ulation trend, and estimated optimum sustain-
able population range if available;
‘‘(C) estimates of total lethal and serious
injury take from each stock by source and, for
depleted stocks, other factors that may cause
the further decline or impede the recovery of
that stock, including impacts on marine mam-
mal habitat and prey;
‘‘(D) a description of the commercial fish-
eries that may incur incidental lethal and seri-
ous injury takes from each stock, including—
‘‘(i) the approximate number of ves-
sels actively participating in each fishery;
‘‘(ii) the best available estimates of in-
cidental lethal and serious injury take from
the stock by each fishery on an annual
basis;
‘‘(iii) seasonal or area differences in
levels of such take; and
‘‘(iv) the rate at which such take oc-
curs, based on the appropriate standard
unit of fishing effort, with an analysis of
whether the rate at which the take occurs
is exceeding or has achieved insignificant
levels approaching a zero mortality and se-
rious injury rate;
‘‘(E) the status of each stock, specifying—
‘‘(i) whether the stock has been deter-
mined to be within its optimum sustainable
population range, is depleted, is listed as a
threatened species or endangered species
under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), or is a strategic
stock; or
‘‘(ii) that the status of the stock is
unknown;
‘‘(F) the estimated potential biological re-
moval level for each stock and the factors used
to calculate it; and
‘‘(G) the information or sources of infor-
mation upon which the assessment is based.
‘‘(2) Not later than 90 days after the close of
the public comment period on a proposed stock as-
sessment, the Secretary shall publish a final stock
assessment and make it available to the public.
‘‘(3) The Secretary shall review stock assess-
ments in accordance with this subsection—
‘‘(A) at least annually for stocks which
are—
‘‘(i) specified as strategic stocks in a
final stock assessment under this sub-
section;
‘‘(ii) listed as a threatened species or
endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.);
‘‘(B) at least annually for stocks for which
significant new information is available; and
‘‘(C) at least once every 3 years for all
other stocks.
‘‘(4) Nothing in this subsection shall prevent
the Secretary from publishing stock assessments for
strategic stocks in an expedited fashion.
‘‘(d) AUTHORIZATION
TO
TAKE
MARINE
MAM-
MALS.—
‘‘(1) Not later than 30 days after the date of
the publication of the final stock assessments under
subsection (c), or September 1, 1995, whichever is
earlier, the Secretary shall issue a general authoriza-
tion and implementing regulations allowing inciden-
tal, but not intentional, taking of marine mammals
in the course of commercial fishing operations sub-
ject to the provisions of this section. The implement-
ing regulations shall identify the fisheries in which
vessels shall be considered to be operating under the
general authorization and shall establish additional
permit requirements for fisheries that are not so
identified under the general authorization.
‘‘(2) 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 Sec-
retary’s list of commercial fisheries published
under section 114(b)(1) and which is in exist-
ence on March 31, 1994 (along with an expla-
nation of such changes and a statement of the
marine mammals and the approximate number
of vessels or persons actively involved in each
such fishery), that have—
‘‘(i) frequent incidental taking of ma-
rine mammals;
‘‘(ii) occasional incidental taking of
marine mammals; or
‘‘(iii) a remote likelihood of or no
known incidental taking 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 up-
date of information required by subparagraph
(A), together with a summary of the provisions
of this section and information sufficient to ad-
vise vessel owners on how to obtain an author-
ization and otherwise comply with the require-
ments of this section; and
‘‘(C) at least once each year thereafter,
and at such other times as the Secretary con-
siders appropriate, reexamine, based on infor-
mation gathered under this Act and other rel-
evant sources and after notice and opportunity
for public comment, the classification of com-
mercial fisheries and other determinations re-
quired under subparagraph (A) and publish in
the Federal Register any necessary changes.
‘‘(3)(A) An authorization shall be granted by
the Secretary in accordance with this section for a
vessel engaged in a commercial fishery listed under
paragraph (2)(A)(i) or (ii), upon receipt by the Sec-
retary 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 location of such fishery operations, and the gen-
eral 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 utilized by an automated or computerized
data processing system. A decal or other physical
evidence that the authorization is current and valid
shall be issued by the Secretary at the time an au-
thorization is granted, and so long as the authoriza-
tion remains current and valid, shall be reissued an-
nually thereafter.
‘‘(B) No authorization may be granted under
this section to the owner of a vessel unless such ves-
sel—
‘‘(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 Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1824(b)).
‘‘(C) Except as provided in subsection (a), an
authorization granted under this section shall allow
the incidental taking of all species and stocks of ma-
rine mammals to which this Act applies.
‘‘(4)(A) An owner of a vessel engaged in any
fishery listed under paragraph (2)(A)(i) or (ii) shall,
in order to engage in the lawful incidental taking of
marine mammals in a commercial fishery—
‘‘(i) have registered as required under
paragraph (3) 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 accord-
ance with this section, except that owners of
vessels holding valid certificates of exemption
under section 114 are deemed to have reg-
istered for purposes of this subsection for the
period during which such registration is valid;
‘‘(ii) ensure that a decal or such other
physical evidence of a current and valid author-
ization as the Secretary may require is dis-
played on or is in the possession of the master
of each such vessel;
‘‘(iii) report as required by subsection (h);
and
‘‘(iv) comply with a take reduction plan
and emergency regulations issued under this
section.
‘‘(B) Any owner of a vessel receiving an author-
ization under this section for any fishery listed
under paragraph (2)(A)(i) or (ii) shall, as a condi-
tion 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 (2)(A)(i) or (ii) who—
‘‘(i) fails to obtain from the Secretary an
authorization for such vessel under this section;
‘‘(ii) fails to maintain a current and valid
authorization 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 posses-
sion of the master of the vessel,
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 sub-
ject 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
maintains a current and valid authorization from the
Secretary under this section and meets the require-
ments 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 authorization applies.
‘‘(E) Each owner of a vessel engaged in any
fishery not listed under paragraph (2)(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 (h), instances of
incidental mortality or injury of marine mammals in
the course of that fishery.
‘‘(5) The Secretary shall suspend or revoke an
authorization 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 (h) and such requirements to take
on board an observer under paragraph (4)(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. The
Secretary may suspend or revoke an authorization
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 re-
duction plan or emergency regulations issued under
this section.
‘‘(6)(A) The Secretary shall develop, in con-
sultation with the appropriate States, affected Re-
gional Fishery Management Councils, and other
interested persons, the means by which the granting
and administration of authorizations under this sec-
tion shall be integrated and coordinated, to the max-
imum extent practicable, with existing fishery li-
censes, registrations, and related programs.
‘‘(B) The Secretary shall utilize newspapers of
general circulation, fishery trade associations, elec-
tronic media, and other means of advising commer-
cial fishermen of the provisions of this section and
the means by which they can comply with its re-
quirements.
‘‘(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 sub-
paragraph 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 At-
mosphere for expenses incurred in the granting and
administration of authorizations under this section.
‘‘(e) TAKE REDUCTION TEAMS.—
‘‘(1) No later than 30 days after the publication
of a final stock assessment under subsection (c), the
Secretary shall establish take reduction teams for
those marine mammal species or stocks which are
specified as strategic stocks in final stock assess-
ments under subsection (c) and publish notice of
that establishment in the Federal Register. The Sec-
retary shall establish take reduction teams for stocks
which are not specified as strategic stocks in final
stock assessments under subsection (c), as the Sec-
retary considers necessary in accordance with sub-
section (f).
‘‘(2) The Secretary may request a take reduc-
tion team to consider and provide advice on meas-
ures necessary to reduce incidental lethal takes from
a marine mammal stock whose range extends over
more than 1 region, or on multiple marine mammal
stocks within a region.
‘‘(3) Members of take reduction teams shall
have expertise regarding the conservation or biology
of the marine mammal species which the incidental