Union Calendar No. 242
103D CONGRESS
2D SESSION
H. R. 2760
[Report No. 103–439]
A BILL
To authorize the Marine Mammal Protection Act
for a period of 6 years, to establish a new regime
to govern the incidental taking of marine mam-
mals in the course of commercial fishing oper-
ations, and for other purposes.
MARCH 21, 1994
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 242
103D CONGRESS
2D SESSION
H. R. 2760
[Report No. 103–439]
To authorize the Marine Mammal Protection Act for a period of 6 years,
to establish a new regime to govern the incidental taking of marine
mammals in the course of commercial fishing operations, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 1993
Mr. STUDDS (for himself, Mr. YOUNG of Alaska, Mr. FIELDS of Texas, Mr.
MANTON, and Mr. SAXTON) introduced the following bill; which was re-
ferred to the Committee on Merchant Marine and Fisheries
MARCH 21, 1994
Additional sponsor: Mr. TORKILDSEN
MARCH 21, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 27, 1993]
A BILL
To authorize the Marine Mammal Protection Act for a period
of 6 years, to establish a new regime to govern the
incidental taking of marine mammals in the course of
commercial fishing operations, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Marine Mammal Protec-
tion Act Amendments of 1994’’.
SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION
ACT OF 1972.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.).
SEC. 3. FINDINGS AND DECLARATION OF POLICY.
Section 2 (16 U.S.C. 1361) is amended—
(1) in paragraph (2) by inserting ‘‘essential
habitats, including’’ after ‘‘made to protect’’; and
(2) in paragraph (5) in the matter following
subparagraph (B) by inserting ‘‘and their habitats’’
before ‘‘is therefore necessary’’.
SEC. 4. MORATORIUM AND EXCEPTIONS.
(a) Section 101(a) (16 U.S.C. 1371(a)) is amended—
(1) by amending paragraph (1) to read as
follows:
‘‘(1) Consistent with the provisions of section
104, permits may be issued by the Secretary for tak-
ing, and importation for purposes of scientific re-
search, public display, photography for educational or
commercial purposes, or enhancing the survival or re-
covery of a species or stock, or for importation of
polar bear parts (other than internal organs) taken in
sport hunts in Canada. Such permits, except permits
issued under section 104(c)(5), may be issued if the
taking or importation proposed to be made is first re-
viewed by the Marine Mammal Commission and the
Committee of Scientific Advisors on Marine Mammals
established under title II. The Commission and Com-
mittee shall recommend any proposed taking or im-
portation, other than importation under section
104(c)(5), which is consistent with the purposes and
policies of section 2 of this Act. If the Secretary issues
such a permit for importation, the Secretary shall
issue to the importer concerned a certificate to that ef-
fect in such form as the Secretary of the Treasury
prescribes, and such importation may be made upon
presentation of the certificate to the customs officer
concerned.’’;
(2) in paragraph (2) in the first sentence by
striking ‘‘and permits may’’ and all that follows
through ‘‘section 103.’’ and inserting ‘‘and authoriza-
tions may be granted therefor under section 118 sub-
ject to regulations prescribed by the Secretary.’’;
(3) in paragraph (3)(B)—
(A) by inserting ‘‘, photography for edu-
cational or commercial purposes,’’ after ‘‘pur-
poses’’; and
(B) by inserting ‘‘or as provided for under
paragraph (5) of this subsection,’’ after ‘‘sub-
section,’’;
(4) by amending paragraph (4) to read as
follows:
‘‘(4)(A) Except as provided in subparagraph (C),
the provisions of this Act shall not apply to the use
of measures—
‘‘(i) by the owner of fishing gear or catch,
or an employee or agent of such owner, to deter
a marine mammal from damaging the gear or
catch;
‘‘(ii) by the owner of other private property,
or an agent, bailee, or employee of such owner,
to deter a marine mammal from damaging pri-
vate property;
‘‘(iii) by any person, to deter a marine
mammal from endangering personal safety; or
‘‘(iv) by a government employee, to deter a
marine mammal from damaging public prop-
erty,
so long as such measures do not result in the death
or serious injury of a marine mammal.
‘‘(B) The Secretary shall, through consultation
with appropriate experts, and after notice and oppor-
tunity for public comment, publish in the Federal
Register a list of guidelines for use in safely deterring
marine mammals. In the case of marine mammals
listed as endangered species or threatened species
under the Endangered Species Act of 1973, the Sec-
retary shall recommend specific measures which may
be used to nonlethally deter marine mammals. Ac-
tions to deter marine mammals consistent with such
guidelines shall not be a violation of this Act.
‘‘(C) If the Secretary determines, using the best
scientific information available, that certain forms of
deterrence have a significant adverse effect on marine
mammals, the Secretary may prohibit such deterrent
methods, after notice and opportunity for public com-
ment, through regulation under this Act.
‘‘(D) The authority to deter marine mammals
pursuant to subparagraph (A) applies to all marine
mammals, including all stocks designated as depleted
under this Act.’’.
(5) in paragraph (5)(A) by inserting ‘‘, other
than by harassment,’’ after ‘‘taking’’ the first place it
appears;
(6) in paragraph (5) by adding at the end the
following new subparagraphs:
‘‘(D)(i) Upon request therefor by citizens of the
United States who engage in a specified activity
(other than commercial fishing) within a specific geo-
graphic region, the Secretary shall authorize, for peri-
ods of not more than 1 year, subject to such condi-
tions as the Secretary may specify, the incidental, but
not intentional, taking by harassment of small num-
bers of marine mammals of a species or population
stock by such citizens while engaging in that activity
within that region if the Secretary finds that such
harassment during each period concerned—
‘‘(I) will have a negligible impact on such
species or stock, and
‘‘(II) will not have an unmitigable adverse
impact on the availability of such species or
stock for taking for subsistence uses pursuant to
subsection (b), or section 109(f) or 119.
‘‘(ii) The authorization for such activity shall
prescribe, where applicable—
‘‘(I) permissible methods of taking pursuant
to such activity, and other means of effecting the
least practicable impact on such species or stock
and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar
significance, and on the availability of such spe-
cies or stock for subsistence uses pursuant to sub-
section (b) or section 109(f) or 119,
‘‘(II) the measures that the Secretary deter-
mines are necessary to ensure no unmitigable
adverse impact on the availability of the species
or stock for subsistence uses pursuant to sub-
section (b) or section 109(f) or 119, and
‘‘(III) requirements pertaining to the mon-
itoring and reporting of such taking, including
requirements for the independent peer review of
proposed monitoring plans or other research pro-
posals where the proposed activity may affect the
availability of a species or stock for taking for
subsistence uses pursuant to subsection (b) or
section 109(f) or 119.
‘‘(iii) The Secretary shall publish a proposed au-
thorization not later than 45 days after receiving an
application under this subparagraph and request
public comment through notice in the Federal Reg-
ister, newspapers of general circulation, and appro-
priate electronic media and to all locally affected
communities for a period of 30 days after publica-
tion. Not later than 45 days after the close of the pub-
lic comment period, if the Secretary makes the find-
ings set forth in clause (i), the Secretary shall issue
an authorization with appropriate conditions to meet
the requirements of clause (ii).
‘‘(iv) The Secretary may annually renew an au-
thorization issued under this subparagraph after pro-
viding for 30 days of public comment and consulting
with the parties affected by the authorization, if the
Secretary finds that the requirements of clause (i)
continue to be met.
‘‘(v) The Secretary shall establish additional con-
ditions or restrictions on an authorization renewed
under clause (iv) if the Secretary finds, based on pub-
lic comment, that such conditions or restrictions are
necessary to meet the provisions of clause (ii).
‘‘(vi) The Secretary shall modify, suspend, or re-
voke an authorization if the Secretary finds that the
provisions of clauses (i) or (ii) are not being met.
‘‘(vii) A person conducting an activity for which
an authorization has been granted under this sub-
paragraph shall not be subject to the penalties of this
Act for taking by harassment that occurs in compli-
ance with such authorization.
‘‘(E) The Secretary may issue a permit under
this paragraph for periods of up to 3 years for the in-
cidental, but not the intentional, taking 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 Fish-
ery Conservation and Management Act (16 U.S.C.
1824(b)), while engaging in commercial fishing oper-
ations, of small numbers of marine mammals from a
species or population stock that is listed as an endan-
gered species or threatened species under the Endan-
gered Species Act of 1973. Such permit may be issued
only if the Secretary determines, after notice and op-
portunity for public comment, that—
‘‘(i) such taking will have a negligible im-
pact on the species or stock;
‘‘(ii) a program is in place which will allow
reliable estimation and monitoring of the level of
incidental take; and
‘‘(iii) a recovery plan has been developed or
is in the process of being developed for the species
or stock pursuant to the Endangered Species Act
of 1973. A permit may be issued under this sub-
paragraph to an organization representing more
than 1 individual or fishing vessel.
‘‘(F) If the Secretary determines that the issu-
ance of a permit under this paragraph for a species
or stock has resulted or is likely to result in levels of
incidental takes which will have an impact that is
more than negligible on the species or stock, the Sec-
retary shall modify, suspend, or revoke the permit. In
making a determination under this subparagraph, the
Secretary shall consider the level of incidental takes
by each permit holder in a fishery and whether a per-
mit holder has failed to comply with the terms and
conditions of the permit. The Secretary shall notify
the permit holder before modifying, suspending, or re-
voking a permit.
‘‘(G) The Secretary shall prescribe such proce-
dures as are necessary to carry out this paragraph,
including the form and manner in which application
for permits may be made.
‘‘(H) This paragraph 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).’’.
(7) 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 and is registered at the time of export
and import;
‘‘(ii) was acquired outside of the United
States as part of a cultural exchange by an In-
dian, Aleut, or Eskimo residing in Alaska, and
is registered at the time of import; or
‘‘(iii) is owned by a Native inhabitant of
Russia, Canada, or Greenland and is imported
in conjunction with travel within the United
States or as part of a cultural exchange with an
Indian, Aleut, or Eskimo residing in Alaska.
‘‘(B) For the purposes of this paragraph, the
term—
‘‘(i) ‘Native inhabitant of Russia, Canada,
or Greenland’ means a person residing in Rus-
sia, Canada, or Greenland who is related by
blood to, is a member of the same clan or ethno-
logical grouping as, 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 Es-
kimo residing in Alaska and a Native inhabitant
of Russia, Canada, or Greenland, including for
the purpose of rendering of raw marine mammal
parts into clothing or handicrafts through carv-
ing, painting, sewing, or decorating but does not
include an exchange for commercial purposes.
‘‘(C) Raw marine mammal parts imported
under subparagraph (A)(ii) or (iii) shall be marked
or tagged under the requirements of section 109(i).’’.
(b) Section 101(c) is amended to read as follows:
‘‘(c) It shall not be a violation of this Act to take a
marine mammal if such taking is imminently necessary in
self-defense or to save the life of a person in immediate dan-
ger, and such taking is reported to the Secretary within
48 hours.’’.
SEC. 5. DEPLETION DETERMINATION.
Section 101(b) (16 U.S.C. 1371) is amended by adding
the following at the end: ‘‘Before making a determination
under this subsection that a species or stock of marine mam-
mal is depleted, the Secretary shall identify and make
available to the public the reasons for making a determina-
tion and provide opportunity, at the request of any inter-
ested party, for a hearing on the record with respect to the
determination.’’.
SEC. 6. PERMITS.
(a) 
PROHIBITIONS.—Section 
102(a) 
(16 
U.S.C.
1372(a)) is amended—
(1) in paragraph (2)(B) by striking ‘‘for any
purpose in any way connected with the taking or im-
portation 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 export’’;
(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
‘‘(B) for any purpose other than public dis-
play, scientific research, or enhancing the sur-
vival of a species or stock as provided for under
subsection 104(c); and’’.
(b) PERMITS.—Section 104 (16 U.S.C. 1374) is
amended—
(1) in subsection (a) by inserting ‘‘except for the
incidental taking of marine mammals in the course
of commercial fishing operations’’ before the period at
the end;
(2) in subsection (c)—
(A) in paragraph (1) in the first sentence
by striking ‘‘and after’’;
(B) by amending paragraph (2) to read as
follows:
‘‘(2)(A) A permit may be issued to take or im-
port a marine mammal for the purpose of public dis-
play only to a person which the Secretary deter-
mines—
‘‘(i) offers a program for education or con-
servation purposes that is based on profes-
sionally recognized standards of the public dis-
play community;
‘‘(ii) is registered or holds a license issued
under 7 U.S.C. 2131; and
‘‘(iii) maintains facilities for the public dis-
play of marine mammals that are open to the
public on a regularly scheduled basis and that
access to such facilities is not limited or re-
stricted 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
obtaining any additional permit or authorization
under this Act, to—
‘‘(i) take, import, purchase, offer to pur-
chase, possess, or transport the marine mammal
that is the subject of the permit; and
‘‘(ii) sell, export, or otherwise transfer pos-
session 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
‘‘(III) for the purpose of enhancing the
survival or recovery of a species or stock, to
a person that meets the requirements of
paragraph (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 subparagraph (B) shall have the rights and respon-
sibilities described in subparagraph (B) with respect
to the marine mammal without obtaining any addi-
tional permit or authorization under this Act. Such
responsibilities shall be limited to—
‘‘(i) for the purpose of public display, the
responsibility 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
paragraph (3), and
‘‘(iii) for the purpose of enhancing the sur-
vival or recovery of a species or stock, the respon-
sibility 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 person exercising rights under subparagraph
(C), no longer meets the requirements of subpara-
graph (A)(ii) and is not reasonably likely to
meet those requirements 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 subpara-
graph (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 co-
operate 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 incurred by the Secretary for that seizure.
‘‘(E) No marine mammal held pursuant to a
permit issued under subparagraph (A), or by a per-
son exercising rights under subparagraph (C), may be
sold, purchased, exported, or transported unless the
Secretary is notified of such action no later than 15
days before such action, and such action is for pur-
poses of public display, scientific research, or enhanc-
ing the survival or recovery of a species or stock. The
Secretary may only require the notification to include
the information required for the inventory established
under paragraph (10).’’;
(C) by amending paragraph (3) to read as
follows:
‘‘(3)(A) The Secretary may issue a permit under
this paragraph for scientific research purposes that
may result in a taking of a marine mammal to an
applicant which submits with its permit application
information 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 subsection (d)(2) if delaying issuance of the
permit could result in harm to a species, population,
or individual, or in loss of unique research opportuni-
ties.
‘‘(B) No permit issued for purposes of scientific
research shall authorize the lethal taking of a marine
mammal unless the applicant demonstrates that a
nonlethal method of conducting the research is not
feasible. The Secretary shall not issue a permit for re-
search which involves the lethal taking of a marine
mammal from a species or stock that is depleted, un-
less the Secretary determines that the results of such
research will directly benefit that species or stock, or
that such research fulfills a critically important re-
search 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 gen-
eral authorization and implementing regulations al-
lowing 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, including
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 in-
tent to conduct scientific research under the general
authorization, the Secretary may notify the applicant
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 research
shall be covered under the general authorization.’’;
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 inter-
nal organs) taken in sport hunts in Canada, includ-
ing polar bears taken prior to the date of enactment
of the Marine Mammal Protection Act Amendments of
1994, to an applicant which submits with its permit
application proof that the polar bear was legally har-
vested in Canada. 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
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 management
programs for the conservation of polar bears in Alas-
ka 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 information indi-
cating that the taking will be limited to Level B har-
assment, 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 per-
son—
‘‘(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, transport,
export, or offer to sell or purchase the progeny of ma-
rine mammals taken or imported under this sub-
section, 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
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-
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.
‘‘(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 person
must meet to receive a permit under this subsection
for that purpose.
‘‘(10) The Secretary shall establish and maintain
an inventory of all marine mammals possessed pursu-
ant to permits issued under paragraph (2)(A), by
persons exercising rights under paragraph (2)(C), and
all progeny of such marine mammals. The inventory
shall contain, for each marine mammal, only the fol-
lowing information which shall be provided by a per-
son 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.
‘‘(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 mam-
mal and the cause of death when determined.’’;
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 subsection
(c)(5) authorizing importation of polar bear parts,
the Secretary, in consultation with the appropriate
authority in Canada, determines that the sustain-
ability of Canada’s polar bear populations are being
adversely affected or that sport hunting may be hav-
ing a detrimental effect on maintaining polar bear
populations 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. 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
with the appropriate officials of the Russian Federation on
the development and implementation of enhanced coopera-
tive research and management programs for the conserva-
tion 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 Fish-
eries of the House of Representatives and the Committee on
Commerce, Science and Transportation of the Senate.’’.
SEC. 9. TAKING OF MARINE MAMMALS INCIDENTAL TO COM-
MERCIAL FISHING OPERATIONS; COOPERA-
TIVE 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 sections:
‘‘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 in-
cidental taking of marine mammals in the course of
commercial fishing operations by persons using ves-
sels 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 Con-
servation and Management Act (16 U.S.C. 1824(b)).
It shall be the immediate goal that the incidental kill
or serious injury of marine mammals permitted in
the course of commercial fishing operations be reduced
to insignificant levels approaching 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 yel-
lowfin 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 prohibited.
‘‘(b) SCIENTIFIC CONSULTATION.—
‘‘(1) Not later than 60 days after the date of en-
actment of the Marine Mammal Protection Act
Amendments of 1994, the Secretary shall, in consulta-
tion with the Marine Mammal Commission, establish
independent scientific review groups representing
Alaska, the Pacific coast (including Hawaii), the Gulf
of Mexico, and the Atlantic coast consisting of indi-
viduals with expertise in marine mammal biology
and ecology, population dynamics and modeling, and
commercial fishing technology and practices, and rep-
resentatives of coastal States, for the purposes of re-
viewing 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 Fed-
eral Advisory 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 obli-
gations.
‘‘(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 oper-
ations, and shall publish notice of its availability in
the Federal Register for public review and comment
for a period which shall not exceed 60 days. Each
proposed stock assessment shall include—
‘‘(A) the area in which each stock is located
and, if migratory, the season of its location 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 in-
jury take from each stock by source and, for de-
pleted stocks, other factors that may cause the
further decline or impede the recovery of that
stock, including impacts on marine mammal
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 vessels
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 lev-
els approaching a zero mortality and seri-
ous 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 un-
known;
‘‘(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 informa-
tion upon which the assessment is based.
‘‘(2) Not later than 90 days after the close of the
public comment period on a proposed stock assess-
ment, the Secretary shall publish a final stock assess-
ment and make it available to the public.
‘‘(3) The Secretary shall review stock assessments
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 subsection;
‘‘(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 stra-
tegic stocks in an expedited fashion.
‘‘(d) AUTHORIZATION TO TAKE MARINE MAMMALS.—
‘‘(1) Not later than 30 days after the date of the
publication of the final stock assessments under sub-
section (c), or September 1, 1995, whichever is earlier,
the Secretary shall issue a general authorization and
implementing regulations allowing incidental, but not
intentional, taking of marine mammals in the course
of commercial fishing operations subject to the provi-
sions of this section. The implementing regulations
shall identify the fisheries in which vessels shall be
considered to be operating under the general author-
ization and shall establish additional permit require-
ments 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 Secretary’s
list of commercial fisheries published under sec-
tion 114(b)(1) and which is in existence on
March 31, 1994 (along with an explanation of
such changes and a statement of the marine
mammals and the approximate number of vessels
or persons actively involved in each such fish-
ery), 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 considers
appropriate, reexamine, based on information
gathered under this Act and other relevant
sources and after notice and opportunity for
public comment, the classification of commercial
fisheries and other determinations required
under subparagraph (A) and publish in the Fed-
eral 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 para-
graph (2)(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 de-
scription 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 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 process-
ing system. A decal or other physical evidence that
the authorization is current and valid shall be issued
by the Secretary at the time an authorization is
granted, and so long as the authorization remains
current and valid, shall be reissued annually there-
after.
‘‘(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 Man-
agement 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 para-
graph (3) with the Secretary in order to obtain
for each such vessel owned and used in the fish-
ery an authorization for the purpose of inciden-
tally taking marine mammals in accordance
with this section, except that owners of vessels
holding valid certificates of exemption under sec-
tion 114 are deemed to have registered for pur-
poses of this subsection for the period during
which such registration is valid;
‘‘(ii) ensure that a decal or such other phys-
ical evidence of a current and valid authoriza-
tion 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 (h);
and
‘‘(iv) comply with a take reduction plan
and emergency regulations issued under this sec-
tion.
‘‘(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 condition of
that authorization, take on board an observer if re-
quested 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 possession
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 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
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 ves-
sel is engaged in a fishery to which the authorization
applies.
‘‘(E) Each owner of a vessel engaged in any fish-
ery 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 man-
ner required under subsection (h), instances of inci-
dental 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 author-
ization for any vessel until the owner of such vessel
complies with the reporting requirements under sub-
section (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 re-
quirements of section 114 shall not bar authorization
under this section for an owner who complies with the
requirements of this section. The Secretary may sus-
pend or revoke an authorization granted under this
subsection, and may not issue a decal or other phys-
ical evidence of the authorization for any vessel which
fails to comply with a take reduction plan or emer-
gency regulations issued under this section.
‘‘(6)(A) The Secretary shall develop, in consulta-
tion with the appropriate States, affected Regional
Fishery Management Councils, and other interested
persons, the means by which the granting and admin-
istration of authorizations under this section shall be
integrated and coordinated, to the maximum extent
practicable, with existing fishery licenses, registra-
tions, 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 require-
ments.
‘‘(C) The Secretary is authorized to charge a fee
for the granting of an authorization under this sec-
tion. The level of fees charged under this subpara-
graph shall not exceed the administrative costs in-
curred in granting an authorization. Fees collected
under this subparagraph shall be available to the
Under Secretary of Commerce for Oceans and Atmos-
phere for expenses incurred in the granting and ad-
ministration 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 assessments
under subsection (c) and publish notice of that estab-
lishment in the Federal Register. The Secretary shall
establish take reduction teams for stocks which are not
specified as strategic stocks in final stock assessments
under subsection (c), as the Secretary considers nec-
essary in accordance with subsection (f).
‘‘(2) The Secretary may request a take reduction
team to consider and provide advice on measures nec-
essary 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 take
plan will address, or the fishing practices involved in
the incidental lethal taking of such species. Members
shall include representatives of Federal agencies, each
coastal State which has fisheries which interact with
the species or stock, appropriate Regional Fishery
Management Councils, interstate fisheries commis-
sions, academic and scientific organizations, environ-
mental groups, all commercial and recreational fish-
eries groups and gear types which incidentally take
the species or stock, Alaska Native organizations or
Indian tribal organizations, and others as the Sec-
retary deems appropriate. Take reduction teams shall,
to the maximum extent practicable, consist of an eq-
uitable balance among representatives of resource user
interests and nonuser interests.
‘‘(4) 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.
‘‘(5) Members of take reduction teams shall serve
without compensation. Members of take reduction
teams who are not Federal or State government em-
ployees shall be reimbursed by the Secretary, upon re-
quest, for reasonable travel costs and expenses in-
curred in performing their obligations.
‘‘(f) TAKE REDUCTION PLANS.—
‘‘(1) The Secretary shall issue take reduction
plans for marine mammal stocks in accordance with
this subsection. The immediate goal of a take reduc-
tion plan shall be reduce, within 1 year of its imple-
mentation, the lethal take or serious injury of marine
mammals incidentally taken in the course of commer-
cial fishing operations to levels less than the potential
biological removal level established in this section. The
long-term goal of the plan shall be to reduce, within
5 years of its implementation, the lethal take or seri-
‘‘(A) which are specified as strategic stocks
and which are incidentally taken in fisheries
listed under subsection (d)(2)(A)(i);
‘‘(B) which are specified as strategic stocks
and which are incidentally taken in fisheries
listed under subsection (d)(2)(A)(ii); and
‘‘(C) which are not specified as strategic
stocks but which the Secretary finds are ap-
proaching strategic stock status.
‘‘(4) Each take reduction plan shall include—
‘‘(A) a review of the information in the
final stock assessment published under subsection
(c) and any 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
each year during the course of commercial fish-
ing operations, by fishery;
‘‘(C) recommended regulatory or voluntary
measures for the reduction of incidental lethal
takes; and
‘‘(D) recommended dates for achieving the
specific objectives of the plan.
‘‘(5) Recommended take reduction plans devel-
oped by a take reduction team under this subsection
for submission to the Secretary shall be developed by
consensus. In the event that a consensus cannot be
reached, the team shall advise the Secretary on the
range of possibilities considered by the team, and the
views of both the majority and the minority. The Sec-
retary shall then propose a take reduction plan con-
sistent with the provisions of this subsection.
‘‘(6) In the case of those marine mammal species
or stocks which are specified as strategic stocks in
final stock assessments under subsection (c), the fol-
lowing provisions apply:
‘‘(A) Not later than 6 months after the date
of establishment of a take reduction team for that
stock, the take reduction team shall recommend
a take reduction plan to the Secretary, consistent
with the other provisions of this subsection.
‘‘(B) The Secretary shall consider the rec-
ommended take reduction plan and, not later
than 60 days after the submission of the rec-
ommended take reduction plan, the Secretary
shall publish in the Federal Register the rec-
ommended take reduction plan, any changes pro-
posed by the Secretary along with the reason for
the proposed changes, and proposed implement-
ing regulations, for public review and comment.
‘‘(C) If the take reduction team does not rec-
ommend a take reduction plan to the Secretary
within 6 months, the Secretary shall, not later
than 8 months after the establishment of the take
reduction team, publish in the Federal Register
a proposed take reduction plan and proposed im-
plementing regulations, for public review and
comment.
‘‘(D) Not later than 60 days after the close
of the comment period required under this para-
graph, the Secretary shall issue a final take re-
duction plan and implementing regulations, con-
sistent with the other provisions of this sub-
section. If the Secretary rejects or significantly
modifies a plan recommended under subpara-
graph (B), the Secretary shall notify the take re-
duction team and specify in writing the reasons
for the rejection or modification.
‘‘(E) The Secretary and the take reduction
team shall meet every 6 months to monitor the
implementation of the take reduction plan until
such time as the Secretary determines that meet-
ings are no longer necessary.
‘‘(7) In the case of those marine mammal species
or stocks which are not specified as strategic stocks in
final stock assessments under subsection (c), the fol-
lowing provisions apply:
‘‘(A) Within 11 months after the establish-
ment of the take reduction team, the team shall
recommend a take reduction plan for that stock
to the Secretary, consistent with the other provi-
sions of this subsection.
‘‘(B) The Secretary shall consider the rec-
ommended take reduction plan and, not later
than 60 days after the submission of the rec-
ommended take reduction plan, the Secretary
shall publish in the Federal Register the rec-
ommended take reduction plan, any changes pro-
posed by the Secretary along with the reason for
the proposed changes, and proposed implement-
ing regulations for public review and comment.
‘‘(C) If the take reduction team does not rec-
ommend a take reduction plan to the Secretary
within 11 months, the Secretary shall, not later
than 13 months after the establishment of the
take reduction team, publish in the Federal Reg-
ister a proposed take reduction plan and imple-
menting regulations for public review and com-
ment.
‘‘(D) Not later than 60 days after the close
of the comment period required under this para-
graph, the Secretary shall issue a final take re-
duction plan and implementing regulations, con-
sistent with the other provisions of this sub-
section. If the Secretary rejects or significantly
modifies a plan recommended under subpara-
graph (B), the Secretary shall notify the take re-
duction team and specify in writing the reasons
for the rejection or modification.
‘‘(E) The Secretary and the take reduction
team shall meet on an annual basis to monitor
the implementation of the take reduction plan
until such time as the Secretary determines that
meetings are no longer necessary.
‘‘(8) If a take reduction plan does not achieve its
immediate goal of reducing incidental lethal takes in
the course of commercial fishing operations to levels
less than the potential biological removal level within
1 year, or its long-term goal of reducing incidental le-
thal takes in the course of commercial fishing oper-
ations to insignificant levels approaching a zero mor-
tality and serious injury rate within 5 years, the Sec-
retary shall, in consultation with the take reduction
team, amend the take reduction plan and implement-
ing regulations as necessary to achieve the goal, con-
sistent with the procedures in this subsection for the
issuance of such plans and regulations.
‘‘(9) In implementing a take reduction plan is-
sued pursuant to this subsection, the Secretary may
promulgate 
regulations 
which 
include 
measures
which—
‘‘(A) establish fishery-specific limits on inci-
dental lethal takes;
‘‘(B) restrict commercial fisheries by time
or area;
‘‘(C) require the use of alternative gear tech-
niques or technology, and encourage the develop-
ment of such gear or technology;
‘‘(D) educate commercial fishermen and oth-
ers on the importance and means of reducing in-
cidental lethal takes of marine mammals; and
‘‘(E) in promulgating such regulations, the
Secretary shall conform such regulations, to the
maximum extent practicable, with State or re-
gional fishery management plans.
‘‘(10) If the Secretary finds that a significant
level of incidental lethal taking of a marine mammal
stock is occurring within a fishery within the juris-
diction of a State, the Secretary and take reduction
‘‘(ii) approve and implement, on an expe-
dited basis, such plan, which shall provide meth-
ods to address such adverse impact if still nec-
essary.
‘‘(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 (d)(1)(A)(iii) which the Secretary
believes may be contributing to such adverse impact,
the Secretary shall—
‘‘(i) prescribe emergency regulations to re-
duce such incidental lethal take and serious in-
jury in that fishery, to the extent necessary to
mitigate such adverse impact;
‘‘(ii) immediately review the stock assess-
ment for such stock or species and the classifica-
tion of such commercial fishery under this sec-
tion to determine if a take reduction team should
be established; and
‘‘(iii) may, where necessary to address such
adverse impact, place observers on vessels in a
commercial 
fishery 
listed 
under 
subsection
(d)(2)(A)(iii), if the Secretary has reason to be-
lieve such vessels may be causing the incidental
lethal take and serious injury to marine mam-
mals from such stock and the vessel owner agrees
to take an observer on board.
‘‘(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 ap-
propriate take reduction team (if established).
‘‘(3) Emergency regulations prescribed under this sub-
section—
‘‘(A) shall be published in the Federal Register,
together with an explanation thereof;
‘‘(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.
‘‘(h) REPORTING REQUIREMENT.—The owner or oper-
ator of a commercial fishing vessel subject to this Act shall
report all incidental mortality and serious 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 form to be developed by the Secretary under
this section. Such form shall be readily usable by an auto-
mated or computerized data processing system and shall re-
quire the vessel owner or operator to provide the following:
‘‘(1) The vessel name, and Federal, State, or
tribal registration numbers of the registered vessel.
‘‘(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 seriously injured, and the date,
time, and approximate geographic location of such oc-
currence.
‘‘(i) MONITORING OF INCIDENTAL TAKES.—
‘‘(1) The Secretary shall establish a program to
monitor incidental lethal takes 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 incidental lethal takes and serious injury;
‘‘(B) determine the reliability of reports of
incidental lethal takes and serious injury under
subsection (h); and
‘‘(C) identify changes in fishing methods or
technology that may increase or decrease inci-
dental lethal takes.
‘‘(2) Pursuant to paragraph (1), the Secretary
may place observers on board vessels as necessary,
subject to the provisions of this section. Observers
may, among other tasks—
‘‘(A) record incidental mortality 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 fisheries and vessels within a fishery, the Sec-
retary shall be guided by the following standards:
‘‘(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 excessive or overly burdensome ob-
server coverage.
‘‘(D) To the extent practicable, the need to
minimize costs and avoid duplication.
‘‘(4) To the extent practicable, the Secretary
shall allocate observers among fisheries consistent
with the following priorities:
‘‘(A) First, fisheries that incidentally le-
thally take or seriously injure marine mammals
from stocks that are depleted because of their list-
ing as an endangered species or threatened spe-
cies under the Endangered Species Act of 1973.
‘‘(B) Second, fisheries that incidentally le-
thally take or seriously injure marine mammals
from stocks which are specified as strategic stocks
in final stock assessments under subsection (c).
‘‘(C) Third, fisheries that incidentally le-
thally take or seriously injure marine mammals
from stocks for which the level of incidental le-
thal takes is unknown but is suspected to be
high.
‘‘(D) Fourth, species not described in sub-
paragraph (A), (B), or (C).
‘‘(5) The Secretary may establish an alternative
observer program to provide statistically reliable in-
formation on the species and number of marine mam-
mals 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 ves-
sels 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 process-
ing vessel to which the fish are delivered;
‘‘(B) the facilities on a vessel for quartering
of an observer, or for carrying out observer func-
tions, 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
Secretary, an observer is not available.
‘‘(7) Any proprietary information collected
under this subsection shall be confidential and shall
not be disclosed except—
‘‘(A) to Federal employees whose duties re-
quire access to such information;
‘‘(B) to State or tribal employees pursuant
to an agreement with the Secretary that prevents
public disclosure 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 respon-
sible for fishery management plan development
and monitoring.
‘‘(8) The Secretary shall prescribe such proce-
dures as may be necessary to preserve such confiden-
tiality, except that the Secretary shall release or make
public upon request any such information in aggre-
gate, summary, or other form which does not directly
or indirectly disclose the identity or business of any
person.
‘‘(j) PENALTIES.—Any person who violates the provi-
sions of this section shall be subject to the provisions of sec-
tions 105, 106, and 107 as the Secretary considers appro-
priate.
‘‘(k) 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 lethal takes
and serious injury to insignificant levels approaching a
zero mortality and serious injury rate.
‘‘(l) CONTRIBUTIONS.—For purposes of carrying out
this section, the Secretary may accept, solicit, receive, hold,
administer, and use gifts, devises, and bequests.
‘‘(m) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of Com-
merce for carrying out this section $15,000,000 for each of
fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.
‘‘(n) SECTION 101(b).—Nothing in this section shall
affect section 101(b).
‘‘(o) CONSULTATION WITH SECRETARY OF THE INTE-
RIOR.—The Secretary shall consult with the Secretary of
the Interior prior to taking actions or making determina-
tions under this section that affect or relate to species or
population stocks of marine mammals for which the Sec-
retary of the Interior is responsible under this title.
‘‘(p) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘fishery’ has the same meaning as
it does in section 3 of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1802);
‘‘(2) the term ‘Secretary’ means the Secretary of
Commerce; and
‘‘(3) the term ‘vessel of the United States’ has the
same meaning as it does in section 3 of the Magnuson
Fishery Conservation and Management Act (16
U.S.C. 1802).
‘‘SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS
IN ALASKA.
‘‘(a) IN GENERAL.—The Secretary may enter into co-
operative agreements with Alaska Native organizations to
conserve marine mammals and provide comanagement of
subsistence use by Alaska Natives.
‘‘(b) GRANTS.—Agreements entered into under this sec-
tion may include grants to Alaska Native organizations for,
among other purposes—
‘‘(1) collection and analysis of data on marine
mammal populations;
‘‘(2) monitoring the harvest of marine mammals
for subsistence use;
‘‘(3) participating in marine mammal research
conducted by the Federal Government, States, aca-
demic institutions, and private organizations; and
‘‘(4) developing marine mammal co-management
structures with Federal and State agencies.
‘‘(c) EFFECT OF JURISDICTION.—
‘‘(1) Nothing in this section is intended or shall
be construed as authorizing any expansion or change
in the respective jurisdiction of Federal, State, or
tribal governments over fish and wildlife resources.
‘‘(2) Nothing in this section is intended or shall
be construed to alter in any respect the existing polit-
ical or legal status of Alaska Natives, or the govern-
mental or jurisdictional status of Alaska Native com-
munities or Alaska Native entities.
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for carrying out this sec-
tion—
‘‘(1) $1,500,000 to the Secretary of Commerce for
each of fiscal years 1994, 1995, 1996, 1997, 1998, and
1999; and
‘‘(2) $1,000,000 to the Secretary of the Interior
for each of fiscal years 1994, 1995, 1996, 1997, 1998,
and 1999.’’.
(b) CLERICAL AMENDMENT.—The table of contents in
the first section, as amended by section 14(b), is amended
by adding at the end the following:
‘‘Sec. 118. Taking of marine mammals incidental to commercial fishing oper-
ations.
‘‘Sec. 119. Marine mammal cooperative agreements in Alaska.’’.
SEC. 10. PINNIPED TASK FORCE; MANAGEMENT OF CALI-
FORNIA SEA LIONS AND PACIFIC HARBOR
SEALS.
(a) TASK FORCE.—Section 104 (16 U.S.C. 1374) is
amended by adding at the end the following:
‘‘(i)(1) No later than 90 days after the date of enact-
ment of the Marine Mammal Protection Act Amendments
of 1994, the Secretary, in consultation with the Marine
Mammal Commission, shall establish a Pinniped-Fishery
Interaction Task Force (in this subsection referred to as the
‘Task Force’) to advise the Secretary on management prac-
tices regarding seals and sea lions interacting in a dan-
gerous or damaging manner with fishery stocks.
‘‘(2) The Task Force shall consist of individuals des-
ignated by the Secretary, including—
‘‘(A) employees of the Department of Commerce,
‘‘(B) scientists knowledgeable in pinniped biol-
ogy and ecology,
‘‘(C) representatives of conservation organiza-
tions, and
‘‘(D) representatives of affected sectors of the fish-
ing industry, Indian treaty tribes, States, and other
interests as the Secretary considers appropriate.
‘‘(3) The Task Force shall advise the Secretary regard-
ing—
‘‘(A) the level of impact of pinniped stocks on the
decline or recovery of threatened or endangered
salmonids and other declining fish stocks;
‘‘(B) the level of impact of pinniped stocks on
other fishery resources;
‘‘(C) other factors affecting the decline or recov-
ery of threatened or endangered salmonids and other
declining fish stocks;
‘‘(D) available alternatives to effectively mitigate
negative impacts, including alternative technologies,
relocation of animals, or nonlethal deterrence of ani-
mals, and the estimated cost of such alternatives;
‘‘(E) for negative impacts for which no mitigat-
ing alternatives are known, research to identify such
alternatives; and
‘‘(F) 
limited 
intentional 
lethal 
takes 
of
pinnipeds.
‘‘(4) The Secretary shall establish within the Task
Force a special committee to advise the Secretary on man-
agement practices regarding seals interacting in a dan-
gerous or damaging manner with aquaculture resources in
the Gulf of Maine. No later than 2 years from the date of
enactment, the Secretary shall submit to the Committee on
Merchant Marine and Fisheries of the House of Representa-
tives and the Committee on Commerce, Science, and Trans-
portation of the Senate a report containing recommended
available alternatives to mitigate such interactions.
‘‘(5)(A) Any State may petition the Secretary to au-
thorize the lethal removal of individually identifiable
pinnipeds which are having a significant negative impact
on the decline or recovery of salmonid fishery stocks which
have been listed as threatened species or endangered species
under the Endangered Species Act of 1973 or which the Sec-
retary finds are approaching endangered species or threat-
ened species status (as those terms are defined in that Act).
Such authority shall be granted for periods of 1 to 3 years.
Additional authorizations shall be dependent upon the suc-
cess of the action. Within 30 days after receiving a petition,
the Secretary shall consult with the Task Force to determine
whether the petition has produced sufficient evidence to
warrant further investigation. If further investigation is
considered necessary, the Secretary shall publish a notice
in the Federal Register requesting public comment.
‘‘(B) Not later than 60 days after the close of the public
comment period for a petition under subparagraph (A), the
Task Force shall recommend to the Secretary whether to au-
thorize the lethal removal that is the subject of the petition.
If authorization is recommended, the Task Force shall also
recommend—
‘‘(i) a method of removal;
‘‘(ii) criteria for evaluating the success of the ac-
tion; and
‘‘(iii) a duration for the authority.
SEC. 13. TRANSITION RULE.
Section 114(a)(1) of the Marine Mammal Protection
Act (16 U.S.C. 1383(a)(1)) is amended by striking ‘‘April
1, 1994,’’ and inserting ‘‘on the effective date of regulations
prescribed under section 118,’’.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) DEPARTMENT OF COMMERCE.—Title I is amended
by inserting after section 115 the following:
‘‘SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SECRETARY OF COMMERCE.—There are author-
ized to be appropriated to the Secretary of Commerce for
carrying out functions and responsibilities under title I and
title IV, other than under section 118, $6,636,000 for fiscal
year 1994, $7,502,000 for fiscal year 1995, $8,402,000 for
fiscal year 1996, $9,338,000 for fiscal year 1997,
$10,311,000 for fiscal year 1998, and $11,000,000 for fiscal
year 1999.
‘‘(b) SECRETARY OF THE INTERIOR.—There are au-
thorized to be appropriated to the Secretary of the Interior
for carrying out functions and responsibilities under title
I, $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 $10,500,000
for fiscal year 1999.’’.