take plan will address, or the fishing practices in-
volved 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 commissions, academic and scientific orga-
nizations, environmental groups, all commercial and
recreational fisheries groups and gear types which
incidentally take the species or stock, Alaska Native
organizations or Indian tribal organizations, and
others as the Secretary deems appropriate. Take re-
duction teams shall, to the maximum extent prac-
ticable, consist of an equitable balance among rep-
resentatives 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 reduc-
tion teams who are not Federal or State government
employees shall be reimbursed by the Secretary,
upon request, for reasonable travel costs and ex-
penses incurred 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 ma-
rine mammals incidentally taken in the course of
commercial 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 le-
thal take or serious injury of marine mammals inci-
dentally taken in the course of commercial fishing
operations to insignificant levels approaching a zero
mortality and serious injury rate, taking into ac-
count the economics of the fishery, the availability of
existing technology, and existing State or regional
fishery management plans.
‘‘(2) 2 years after the issuance of the general
authorization under subsection (d), the Secretary
shall review the progress, by fishery, toward reduc-
ing incidental lethal takes and serious injury of ma-
rine mammals in the course of commercial fishing
operations to insignificant levels approaching a zero
mortality and serious injury rate. The Secretary
shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the
House of Representatives a report setting forth the
results of such review within 1 year after commence-
ment of the review.
‘‘(3) The Secretary shall give priority to the de-
velopment of take reduction plans for marine mam-
mal stocks or species—
‘‘(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 sub-
section (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
Secretary shall then propose a take reduction plan
consistent with the provisions of this subsection.
‘‘(6) In the case of those marine mammal spe-
cies or stocks which are specified as strategic stocks
in final stock assessments under subsection (c), the
following 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 Sec-
retary, 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
proposed by the Secretary along with the reason
for the proposed changes, and proposed imple-
menting regulations, for public review and com-
ment.
‘‘(C) If the take reduction team does not
recommend a take reduction plan to the Sec-
retary 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 implementing regulations, for public
review and comment.
‘‘(D) Not later than 60 days after the close
of the comment period required under this
paragraph, the Secretary shall issue a final take
reduction plan and implementing regulations,
consistent 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
reduction team and specify in writing the rea-
sons 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
meetings are no longer necessary.
‘‘(7) In the case of those marine mammal spe-
cies or stocks which are not specified as strategic
stocks in final stock assessments under subsection
(c), the following 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 pro-
visions 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
proposed by the Secretary along with the reason
for the proposed changes, and proposed imple-
menting regulations for public review and com-
ment.
‘‘(C) If the take reduction team does not
recommend a take reduction plan to the Sec-
retary within 11 months, the Secretary shall,
not later than 13 months after the establish-
ment of the take reduction team, publish in the
Federal Register a proposed take reduction
plan and implementing regulations for public
review and comment.
‘‘(D) Not later than 60 days after the close
of the comment period required under this
paragraph, the Secretary shall issue a final take
reduction plan and implementing regulations,
consistent 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
reduction team and specify in writing the rea-
sons 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 lev-
els less than the potential biological removal level
within 1 year, or its long-term goal of reducing inci-
dental lethal takes in the course of commercial fish-
ing operations to insignificant levels approaching a
zero mortality and serious injury rate within 5
years, the Secretary shall, in consultation with the
take reduction team, amend the take reduction plan
and implementing regulations as necessary to
achieve the goal, consistent 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 in-
cidental lethal takes;
‘‘(B) restrict commercial fisheries by time
or area;
‘‘(C) require the use of alternative gear
techniques or technology, and encourage the de-
velopment of such gear or technology;
‘‘(D) educate commercial fishermen and
others on the importance and means of reduc-
ing incidental 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
team shall consult with State fishery managers to
develop a take reduction plan for that fishery.
‘‘(g) EMERGENCY REGULATIONS.—(1) If the Sec-
retary finds that the incidental lethal take and serious in-
jury of marine mammals from commercial fisheries is hav-
ing, or is likely to have, an immediate and significant ad-
verse impact on a stock or species, the Secretary shall take
actions as follows:
‘‘(A) In the case of a stock or species for which
a take reduction plan is in effect, the Secretary
shall—
‘‘(i) prescribe emergency regulations that,
consistent with such plan to the maximum ex-
tent practicable, reduce incidental lethal take
and serious injury in that fishery; and
‘‘(ii) approve and implement, on an expe-
dited basis, any amendments to such plan that
are recommended by the take reduction team to
address such adverse impact.
‘‘(B) In the case of a stock or species for which
a take reduction plan is being developed, the Sec-
retary shall—
‘‘(i) prescribe emergency regulations to re-
duce such incidental lethal take and serious in-
jury in that fishery; and
‘‘(ii) approve and implement, on an expe-
dited basis, such plan, which shall provide
methods to address such adverse impact if still
necessary.
‘‘(C) In the case of a stock or species for which
a take reduction plan does not exist and is not being
developed, or in the case of a commercial fishery list-
ed under subsection (d)(1)(A)(iii) which the Sec-
retary believes may be contributing to such adverse
impact, the Secretary shall—
‘‘(i) prescribe emergency regulations to re-
duce such incidental 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 classi-
fication of such commercial fishery under this
section to determine if a take reduction team
should be established; and
‘‘(iii) may, where necessary to address
such adverse impact, 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
appropriate take reduction team (if established).
‘‘(3) Emergency regulations prescribed under this
subsection—
‘‘(A) shall be published in the Federal Register,
together with an explanation thereof;
‘‘(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 op-
erator 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 oper-
ations 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 automated or computerized data processing
system and shall require 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
occurrence.
‘‘(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 in-
cidental 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 investiga-
tions.
‘‘(3) In determining the distribution of observ-
ers among fisheries and vessels within a fishery, the
Secretary shall be guided by the following standards:
‘‘(A) The requirement to obtain statis-
tically 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
listing as an endangered species or threatened
species 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 sub-
section (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
mammals incidentally taken in the course of com-
mercial fishing operations. The alternative observer
program may include direct observation of fishing
activities from vessels, airplanes, or points on shore.
‘‘(6) The Secretary is not required to place an
observer on a vessel in a fishery if the Secretary
finds that—
‘‘(A) in a situation in which harvesting
vessels are delivering fish to a processing vessel
and the catch is not taken on board the har-
vesting vessel, statistically reliable information
can be obtained from an observer on board the
processing vessel to which the fish are delivered;
‘‘(B) the facilities on a vessel for quarter-
ing of an observer, or for carrying out observer
functions, are so inadequate or unsafe that the
health or safety of the observer or the safe op-
eration 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 pre-
vents public disclosure of the identity or busi-
ness 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 con-
fidentiality, except that the Secretary shall release or
make public upon request any such information in
aggregate, summary, or other form which does not
directly or indirectly disclose the identity or business
of any person.
‘‘(j) PENALTIES.—Any person who violates the provi-
sions of this section shall be subject to the provisions of
sections 105, 106, and 107 as the Secretary considers ap-
propriate.
‘‘(k) ASSISTANCE.—The Secretary shall provide as-
sistance to Regional Fishery Management Councils,
States, interstate fishery commissions, and Indian tribal
organizations in meeting the goal of reducing incidental
lethal takes and serious injury to insignificant levels ap-
proaching 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 IN-
TERIOR.—The Secretary shall consult with the Secretary
of the Interior prior to taking actions or making deter-
minations under this section that affect or relate to species
or population stocks of marine mammals for which the
Secretary of the Interior is responsible under this title.
‘‘(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
section 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 mam-
mals 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-manage-
ment 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 po-
litical or legal status of Alaska Natives, or the gov-
ernmental or jurisdictional status of Alaska Native
communities 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
practices regarding seals and sea lions interacting in a
dangerous 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 Com-
merce,
‘‘(B) scientists knowledgeable in pinniped biol-
ogy and ecology,
‘‘(C) representatives of conservation organiza-
tions, and
‘‘(D) representatives of affected sectors of the
fishing industry, Indian treaty tribes, States, and
other interests as the Secretary considers appro-
priate.
‘‘(3) The Task Force shall advise the Secretary re-
garding—
‘‘(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 re-
covery of threatened or endangered salmonids and
other declining fish stocks;
‘‘(D) available alternatives to effectively miti-
gate negative impacts, including alternative tech-
nologies, relocation of animals, or nonlethal deter-
rence of animals, and the estimated cost of such al-
ternatives;
‘‘(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 Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing rec-
ommended available alternatives to mitigate such inter-
actions.
‘‘(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 spe-
cies under the Endangered Species Act of 1973 or which
the Secretary finds are approaching endangered species or
threatened 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 success of the action. Within 30 days after re-
ceiving a petition, the Secretary shall consult with the
Task Force to determine whether the petition has pro-
duced sufficient evidence to warrant further investigation.
If further investigation is considered necessary, the Sec-
retary shall publish a notice in the Federal Register re-
questing 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 authorize 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
action; and
‘‘(iii) a duration for the authority.
‘‘(C) If authorization is not recommended, the Task
Force shall also recommend nonlethal alternatives, if ap-
propriate.
‘‘(D) Not later than 30 days after the receipt of rec-
ommendations from the Task Force, the Secretary shall
either approve or deny the petition for lethal removal. If
approved, implementation shall occur as soon as prac-
ticable. Lethal removal shall be performed by State agen-
cies or qualified individuals under contract to such agen-
cies, in consultation with the Secretary.
‘‘(6) The costs of lethal removal shall be borne in
equal amounts by the Secretary and the State or States
having fishery resources that have been affected.
‘‘(7) Following lethal removal, carcasses or parts of
carcasses shall be made available for bona fide research
or educational purposes upon request.
‘‘(8) The Secretary shall not approve under this sub-
section lethal removal for any pinniped from a species or
stock that is listed as a threatened species or endangered
species under the Endangered Species Act of 1973, other-
wise depleted, or specified as a strategic stock in a final
stock assessment under section 118(c).’’.
(b) MANAGEMENT OF CALIFORNIA SEA LIONS AND
PACIFIC HARBOR SEALS.—
(1) COOPERATIVE
AGREEMENT.—The Sec-
retary of Commerce shall enter into negotiations
with the States of Washington, Oregon, and Califor-
nia to establish a cooperative agreement for the
management of California sea lion and Pacific har-
bor seal populations in those States. The purposes
of the cooperative agreement shall be to—
(A) determine whether California sea lions
and Pacific harbor seals are having a signifi-
cant negative impact on the recovery of fishery
stocks in those States;
(B) determine the broader impacts of
growing populations of California sea lions and
Pacific harbor seals on the coastal ecosystems
of Washington, Oregon, and California; and
(C) develop a plan to—
(i) reduce, to the extent practicable,
negative impacts referred to in subpara-
graph (A); and
(ii) mitigate impacts referred to in
subparagraph (B).
(2) DEVELOPMENT
AND
REVIEW
OF
DRAFT
PLAN.—No later than 12 months after the date of
the enactment of this Act, the Secretary of Com-
merce shall develop a draft of a plan described in
paragraph (1)(C) and submit it for review by the
Marine Mammal Commission, independent scientists
with expertise in marine mammal biology and man-
agement, representatives of national environmental
organizations, and other interested persons deter-
mined by the Secretary.
(3) SUBMISSION OF PLAN TO CONGRESS.—No
later than 18 months after the date of the enact-
ment of this Act, the Secretary of Commerce shall
submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate—
(A) a plan described in paragraph (1)(C);
and
(B) a report containing—
(i) responses of the Secretary to com-
ments received from the review required by
paragraph (2); and
(ii) an explanation of any provisions
of the plan with which any of the States of
Washington, Oregon, and California do not
agree.
(4) CONSIDERATION OF OTHER FACTORS.—Any
plan under this subsection shall take into account, in