Marine Mammal Protection Act Amendments of 1994
PL 103-238 (S.1636), enacted 04/30/1994

108 STAT. 532 
PUBLIC LAW 103-238—APR. 30, 1994 
Public Law 103-238 
103d Congress 
An Act 
A 
S
O 1994 
'^° authorize appropriations for the Marine Mammal Protection Act of 1972 and 
——'- 
to improve the program to reduce the incidental taking of marine mammals 
[S. 1636] 
during the coursi; of commercial fishing operations, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Marine Mammal the United States of America in Congress assembled, 
Protection Act 
Amendments of 
SECTION 1. SHORT TITLE. 
16 use 1361 
'^^*^ ^^* ™^y ^^ cited as the "Marine Mammal Protection 
note. 
Act Amendments of 1994". 
SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972. 
(a) REFERENCES.—^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.). 
16USC1361 
(b) 
RELATIONSHIP TO OTHER 
LAW.—Except as 
otherwise 
^°^- 
expressly provided, nothing in this Act is intended to amend, repeal, 
or otherwise affect any other provision of law. 
SEC. 3. FINDINGS AND DECLARATION OF POLICY. 
Section 2 (16 U.S.C. 1361) is amended— 
(1) in paragraph (2) by inserting "essential habitats, includ-
ing" after made to protect"; and 
(2) in paragraph (5) in the matter following subparagraph 
(B) by inserting "and their habitats" before "is therefore nec-
essary". 
SEC. 4. MORATORIUM AND EXCEPTIONS. 
(a) IN GENERAL.—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 taking, and importation 
for purposes of scientific research, public display, photography 
for educational or commercial purposes, or enhancing the sur-
vival or recovery 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 reviewed by the Marine Mammal 
Commission and the Committee of Scientific Advisors on 
Marine Mammals established under title II. The Commission 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 533 
and Committee shall recommend any proposed taking or 
importation, 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 importa-
tion, the Secretary shall issue to the importer concerned a 
certificate to that effect 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 inserting 
before the period at the end the following: ", or in lieu of 
such permits, authorizations may be granted therefor under 
section 118, subject to regulations prescribed under that section 
by the Secretary without regard to section 103"; 
(3) in paragraph (3)(B)— 
(A) by inserting ", photography for educational or 
commercial purposes," after "purposes"; and 
(B) by inserting "or as provided for xuider paragraph 
(5) of this subsection," after "subsection,"; 
(4) by amending paragraph (4) to read as follows: 
"(4)(A) Except as provided in subparagraphs (B) and (C), 
the provisions of this Act shall not apply to the use of 
measiu*es— 
"(i) by the owner of fishing gear or catch, or an 
employee or agent of such owner, to deter a marine mam-
mal 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 private property; 
"(iii) by any person, to deter a marine mammal from 
endangering personal safety; or 
"(iv) by a government employee, to deter a marine 
mEunmal from damaging public property, 
so long as such measures do not result in the death or serious 
injunr of a marine mammal. 
(B) The Secretary shall, through consultation with appro- Federal 
priate experts, and after notice and opportunity for public com- pufligation 
ment, publish in the Federsd Register a Ust 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 Secretary shall 
recommend specific measures which may be used to nonlethally 
deter marine mammals. Actions to deter marine mammals 
consistent with such guidelines or specific measures 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 oppor-
tunity for public comment, 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) 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 geographic region, the Secretary shall 
108 STAT. 534 
PUBLIC LAW 103-238—APR. 30, 1994 
Federal 
Register, 
publication. 
Newspapers. 
Electronic 
media. 
authorize, for periods of not more than 1 year, subject to such 
conditions as the Secretary may specify, the incidental, but 
not intentional, taking by harassment of small numbers 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 immitigable adverse impact on 
the availability of such species or stock for taking 
for 
subsistence uses pursuant to subsection (b), or section 
109(f) or pursuant to a cooperative agreement under section 
119. 
"(ii) The authorization for such activity shall prescribe, 
where applicable— 
(I) permissible methods of taking by harassment 
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 avail-
ability of such species or stock for taking for subsistence 
uses pursuant to subsection (b) or section 109(f) or pursuant 
to a cooperative agreement under section 119, 
"(II) the measures that the Secretary determines Eire 
necessary to ensure no unmitigable adverse impact on the 
availability of the species or stock for taking for subsistence 
uses pursuant to subsection (b) or section 109(f) or pursuant 
to a cooperative agreement under section 119, and 
"(III) requirements pertaining to the monitoring and 
reporting of such taking by harassment, including require-
ments for the independent peer review of proposed monitor-
ing plans or other research proposals 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 pursuant to a cooperative agreement 
under section 119. 
"(iii) The Secretary shall publish a proposed authorization 
not later than 45 days after receiving an application under 
this subparagraph and request public comment through notice 
in the Federal Register, newspapers of general circulation, and 
appropriate electronic media and to all locally affected commu-
nities for a period of 30 days after pubUcation. Not later than 
45 days after the close of the public comment period, if the 
Secretary makes the findings set forth in clause (i), the Sec-
retary shall issue an authorization with appropriate conditions 
to meet the requirements of clause (ii). 
"(iv) The Secretan^ shall modify, suspend, or revoke an 
authorization if the Secretary finds that the provisions of 
clauses (i) or (ii) are not being met. 
"(v) A person conducting an activity for which an authoriza-
tion has been granted under this subparagraph shall not be 
subject to the penalties of this Act for taking by harassment 
that occurs in compliance with such authorization. 
"(E)(i) During any period of up to 3 consecutive years, 
the Secretary shall allow the incidental, but not the intentional, 
taking by persons using vessels of the United States or vessels 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 535 
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)), while 
engaging in commercial fishing operations, of marine mammals 
from a species or stock designated as depleted because of its 
listing as an endangered species or threatened species under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
if the Secretary, after notice and opportimity for pubUc com-
ment, determines that— 
"(I) the incidental mortality and serious injury from 
commercial fisheries will have a negligible impact on such 
species or stock; 
"(II) a recovery plan has been developed or is being 
developed for such species or stock pursuant to the Endan-
gered Species Act of 1973; and 
"(III) where required under section 118, a monitoring 
program is established imder subsection (d) of such section, 
vessels engaged in such fisheries are registered in accord-
ance with such section, and a take reduction plan has 
been developed or is being developed for such species or 
stock. 
"(ii) Upon a determination by the Secretary that the 
Federal 
requirements of clause (i) have been met, the Secretary shall 
pufikation 
publish in the Federal Register a Ust of those fisheries for 
which such determination was made, and, for vessels required 
to register under section 118, shall issue an appropriate permit 
for each authorization granted under such section to vessels 
to which this paragraph applies. Vessels engaged in a fishery 
included in the notice published by the Secretary under this 
clause which are not required to register under section 118 
shall not be subject to the penalties of this Act for the incidental 
taking of marine mammeils to which this paragraph applies, 
so long as the owner or master of such vessel reports any 
incidental mortality or injury of such marine mammals to the 
Secretary in accordance with section 118. 
"(iii) If, during the course of the commercial fishing season, 
the Secretary determines that the level of incidental mortality 
or serious injury from commercial fisheries for which a deter-
mination was made under clause (i) has resulted or is likely 
to result in an impact that is more than negligible on the 
endangered or threatened species or stock, the Secretary shall 
use the emergency authority granted under section 118 to pro-
tect such species or stock, and may modify any permit granted 
under this paragraph as necessary. 
"(iv) The Secretary may suspend for a time certain or 
revoke a permit granted under this subparagraph only if the 
Secretary determines that the conditions or limitations set forth 
in such permit are not being complied with. The Secretary 
may amend or modify, after notice and opportunity for public 
comment, the list of fisheries published under clause (ii) when-
ever the Secretary determines there has been a significant 
change in the information or conditions used to determine 
such list. 
"(v) Sections 103 and 104 shall not apply to the taking 
of marine mammals under the authority of this subparagraph. 
"(vi) This subparagraph shall not govern the incidental 
taking of California sea otters and shall not be deemed to 
108 STAT. 536 
PUBLIC LAW 103-238—APR. 30, 1994 
amend or repeal the Act of November 7, 1986 (Public Law 
99-625; 100 Stat. 3500)."; and 
(6) by adding at the end the following new psiragraph: 
"(6)(A) A marine mammal product may be imported into 
theUnitedStatesif 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 termi-
nation of travel; 
"(ii) was acquired outside of the United States as part 
of a cultural exchange by an Indian, Aleut, or Eskimo 
residing in Alaska; or 
"(iii) is owned by a Native inhabitant of Russia, Can-
ada, or Greenland and is imported for noncommercial pur-
poses 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 Russia, Canada, or Greenland 
who is related by blood, is a member of the same clan 
or ethnological grouping, or shares a common heritage with 
an Indian, Aleut, or Eskimo residing in Alaska; and 
"(ii) 'cultural exchange' means the sharing or exchange 
of ideas, information, gifts, clothing, or handicrafts between 
an Indian, Aleut, or Eskimo residing in Alaska and a 
Native inhabitant of Russia, Canada, or Greenland, includ-
ing rendering of raw marine mammal parts as part of 
such exchange into clothing or handicrafts through carving, 
painting, sewing, or decorating.". 
(b) ACTIONS AFFECTING SECTION 101(b).—Section 101(b) (16 
U.S.C, 1371(b)) is amended by adding at the end the following 
new sentences: "In promulgating any regulation or making any 
assessment pursuant to a hearing or proceeding under this sub-
section or section 117(b)(2), or in making any determination of 
depletion under this subsection or finding regarding unmitigable 
adverse impacts under subsection (a)(5) that affects stocks or per-
sons to which this subsection applies, the Secretary shall be respon-
sible for demonstrating that such regulation, assessment, deter-
mination, or finding is supported by substantial evidence on the 
basis of the record as a whole. The preceding sentence shall only 
^ 
be appHcable in an action brought by one or more Alaska Native 
organizations representing persons to which this 
subsection 
applies.". 
(c) TAKING IN DEFENSE OF SELF OR OTHERS.—Section 101(c) 
(16 U.S.C. 1371(c)) is amended to read as follows: 
"(c) It shall not be a violation of this Act to take a marine 
mammal if such taking is imminently necessary in self-defense 
or to save the life of a person in immediate danger, and such 
taking is reported to the Secretary within 48 hours. The Secretary 
may seize and dispose of any carcass.". 
SEC. 5. PERMITS. 
(a) PROHIBITIONS.—Section 102(a) (16 U.S.C. 1372(a)) is 
amended— 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 537 
(1) in paragraph (2)(B) by striking "for any purpose in 
any way connected with the taking or importation 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" jmd 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 pubUc display, scientific 
research, or enhancing the survival of a species or stock 
as provided for imder subsection 104(c); and", 
(b) PERMITS.—Section 104 (16 U.S.C. 1374) is amended— 
(1) in subsection (a) by adding at the end the following: 
"Permits for the incidental taking of marine mammals in the 
course of commercial fishing operations may only be issued 
as specifically provided for in sections 101(a)(5) or 306, or 
subsection (h) of this section."; 
(2) in subsection (c)— 
(A) in paragraph (1) in the first sentence by striking 
"and afl^r"; 
(B) by amending paragraph (2) to read as follows: 
"(2)(A) A permit may be issued to take or import a marine 
mammal for the purpose of public display only to a person 
which the Secretary determines— 
"(i) offers a program for education or conservation pur-
poses that is based on professionally recognized standards 
of the public display community; 
"(ii) is registered or holds a hcense issued under 7 
U.S.C. 2131 et seq.; and 
"(iii) maintains facilities for the public display of 
marine mammals that are open to the public on a regularly 
scheduled basis and that access to such facilities is not 
limited or restricted other than by ch£u-ging 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 purchase, possess, 
or transport the marme mammal that is the subject of 
the permit; and 
"(ii) sell, export, or otherwise transfer possession 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 research, to a 
person that meets the requirements 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 other-
108 STAT. 538 
PUBLIC LAW 103-238—APR. 30, 1994 
wise transferred under the authority of subparagraph (B) shall 
have the rights and responsibilities described in subparagraph 
(B) with respect to the marine mammal without obtaining 
any additional 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 respon-
sibility to meet the requirements of paragraph (3), and 
"(iii) for the purpose of enhancing the survival or recov-
ery of a species or stock, the responsibiUty to meet the 
requirements of paragraph (4). 
"(D) If the Secretary— 
"(i) finds in concurrence with the Secretary of Agri-
culture, that a person that holds a permit under this para-
graph for a marine mammal, or a person exercising rights 
under subparagraph (C), no longer meets the requirements 
of subparagraph (A)(u) and is not reasonably likely to meet 
those requirements in the near fixture, or 
"(ii) finds that a person that holds a permit under 
this paragraph for a marine mammal, or a person exercis-
ing rights under subparagraph (C), no longer meets the 
requirements of subparagraph (A) (i) or (iii) and is not 
reasonably likely to meet those requirements in the near 
future, 
the Secretary may revoke the permit in accordance with section 
104(e), seize the marine mammal, or cooperate with other per-
sons 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 
imder subparagraph (A), or by a person exercising rights under 
subparagraph (C), may be sold, purchased, exported, or trans-
ported unless the Secretary is notified of such action no later 
than 15 days before such action, and such action is for purposes 
of public display, scientific research, or enhancing the survival 
or recovery of a species or stock. The Secretary may only 
require the notification to include the information required 
for the inventory established under paragraph (10)."; 
(C) by amending paragraph (3) to read as follows: 
"(3XA) The Secretary may issue a permit under this para-
graph for scientific research purposes 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 pubUc review and comment period required 
under subsection (dX2) if delaying issuance of the permit could 
result in injury to a species, stock, or individual, or in loss 
of luiique research opportunities. 
"(B) No permit issued for purooses of scientific research 
shall authorize the lethsd taking of a marine mammal unless 
the appUcant demonstrates that a nonlethal method of conduct-
ing the research is not feasible. The Secretary shall not issue 
a permit for research which involves the lethal taking of a 
marine mammal from a species or stock that is depleted, unless 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 539 
the Secretary determines that the results of such research 
will directly benefit that species or stock, or that such research 
fulfills a critically important research need. 
"(C) Not later than 120 days after the date of enactment 
Regulations. 
of the Marine Mammal Protection Act Amendments of 1994, 
the 
Secretary 
shall issue 
a general 
authorization 
and 
implementing regulations allowing bona fide scientific research 
that may result only in taking by Level B harassment of a 
marine mammal. Such authorization shall apply to persons 
which submit, by 60 days before commencement of such 
research, a letter of intent via certified mail to the Secretary 
containing the following: 
"(i) The species or stocks of marine mammals which 
may be harassed. 
"(ii) The geographic location of the research, 
"(iii) The period of time over which the research will 
be conducted. 
"(iv) The purpose of the research, including a descrip-
tion of how the definition of bona fide research as estab-
lished under this Act would apply. 
"(v) Methods to be used to conduct the research. 
Not later than 30 days after receipt of a letter of intent to 
conduct scientific research under the general authorization, 
the Secretary shall issue a letter to the applicant confirming 
that the general authorization applies, or, if the proposed 
research is Hkely to result in the taking (including Level A 
harassment) of a marine mammal, shall notify the applicant 
that subparagraph (A) applies."; and 
(D) by adding at the end the following new paragraphs: 
"(5XA) The Secretary may issue a permit for the importa- Canada. 
tion of polar bear parts (other than internal organs) taken 
in sport hunts in Canada, including polar bears taken but 
not imported 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 polsir 
bear was legally harvested in Canada by the applicant. Such 
a permit shall be issued if the Secretary, in consultation with 
the Marine Mammal Commission and after notice and oppor-
tunity for public comment, finds that— 
"(i) Canada has a monitored and enforced sport hunting 
program consistent with the purposes of the Agreement 
on me Conservation of Polar Bears; 
"(ii) Canada has a sport hunting program based on 
scientifically sound quotas ensuring the maintenance of 
the afiected population stock at a sustainable level; 
"(iii) the export and subsequent import are consistent 
with the provisions of the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora 
and other international 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 Fees. 
fee for permits issued under this paragraph. All fees collected 
under this paragraph shall be available to the Secretary for 
use in developing and implementing cooperative research and 
management programs for the conservation of polar bears in 
Alaska and Russia pursuant to section 113(d). 
108 STAT. 540 
PUBLIC LAW 103-238—APR. 30, 1994 
Reports. 
Public 
information. 
"(C)(i) The Secretary shall undertake a scientific review 
of the impact of permits issued under this paragraph on the 
polar bear population stocks in Canada within 2 years after 
the date of enactment of this paragraph. The Secretary shall 
provide an opportunity for public comment during the course 
of such review, and shall include a response to such public 
comment in the final report on such review. 
"(ii) The Secretary shall not issue permits under this para-
graph after September 30, 1996, if the Secretary determines, 
based on the scientific review, that the issuance of permits 
under this paragraph is having a significant adverse impact 
on the polar bear population stocks in Canada. The Secretary 
may review such determination annually thereafter, in light 
of the best scientific information available, and shall complete 
the review not later than January 31 in any year a review 
is undertaken. The Secretary may issue permits under this 
paragraph whenever the Secretary determines, on the basis 
of such annual review, that the issuance of permits luider 
this paragraph is not having a significant adverse impact on 
the polar bear population stocks in Canada. 
"(6) A permit may be issued for photography for educational 
or commercial purposes involving marine mammals in the wild 
only to an appUcant which submits with its permit application 
information indicating that the taking will be limited to Level 
B harassment, and the manner in which the products of such 
activities will be made available to the public. 
"(7) -Upon request by a person for a permit under paragraph 
(2), (3), or (4) for a marine mammal which is in the possession 
of any person authorized to possess it under this Act and 
which is determined under guidance under section 402(a) not 
to be releasable to the wild, the Secretary shall issue the 
permit to the person requesting the permit if that person— 
"(A) meets the requirements of clauses (i), (ii), and 
(iii) of paragraph (2)(A), in the case of a request for a 
permit under paragraph (2); 
"(B) meets the requirements of paragraph (3), in the 
case of a request for a permit under that paragraph; or 
"(C) meets the requirements of paragraph (4), in the 
case of a request for a permit under that paragraph. 
"(SKA) No additional permit or authorization shall be 
required to possess, sell, purchase, transport, export, or offer 
to sell or purchase the progeny of marine mammals taken 
or imported under this subsection, if such possession, sale, 
purchase, transport, export, or offer to sell or purchase is— 
"(i) for the purpose of public display, and by or to, 
respectively, a person which meets tne 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 survival or recov-
ery of a species or stock, and by or to, respectively, a 
person which meets the requirements 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— 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 541 
"(I) notify the Secretary of the birth of such progeny 
within 30 days after the date of birth; and 
"(II) notify the Secretary of the sale, purchase, or trans- 
j 
port of such progeny no later theui 15 days before such 
action. 
"(ii) The Secretary may only require notification under 
clause (i) to include the information required for the inventory 
established under paragraph (10). 
"(C) Any progeny of a marine mammal bom in captivity 
before the date of the enactment of the Marine Mammal Protec-
tion Act Amendments of 1994 and held in captivity for the 
purpose of public display shall be treated as though bom 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 stEuidards 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 inven- Records, 
tory of all marine mammals possessed pursuant to permits 
issued under paragraph (2)(A), by persons exercising rights 
under paragraph (2)(C), and all progeny of such marine mam-
mals. The inventory shall contain, for each marine mammal, 
only the following information which shall be provided by a 
person holding a marine mammal under this Act: 
"(A) The name of the marine mammal or other identi-
fication. 
"(B) The sex of the marine mammal. 
"(C) The estimated or actual birth date of the marine 
mammal. 
"(D) The date of acquisition or disposition of the marine 
mammal by the permit holder. 
"(E) The source from whom the marine mammal was 
acquired including the location of the take from the wild, 
if applicable. 
(F) If the marine mammal is transferred, the name 
of the recipient. 
"(G) A notation if the animal was acquired as the 
result of a stranding. 
"(H) The date of death of the marine mammal and 
the cause of death when determined."; and 
(3) in subsection (e)(1) by— 
(A) striking "or" at the end of subparagraph (A); 
(B) striking the period at the end of subparagraph 
(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, deter-
mines that the sustainability of Canada's polar bear population 
stocks are being adversely affected or that sport hunting may 
be having a detrimental effect on medntaining polar bear popu-
lation stocks throughout their range.", 
(c) EXISTING PERMITS.—^Any permit issued under section 
16 use 1374 
104(c)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. "ot^. 
1374(c)(2)) before the date of the enactment of this Act is hereby 
108 STAT. 542 
PUBLIC LAW 103-238—APR. 30, 1994 
Reports. 
Alaska. 
Russian 
Federation. 
Reports. 
modified to be consistent with that section £is amended by this 
Act. 
SEC. 
6
. 
PURPOSE 
AND 
USE 
OF 
THE 
FUND. 
Section 405 (16 U.S.C. 142Id), as so redesignated by this Act, 
is amended— 
(1) in subsection (b)(1)(A)— 
(A) by striking "and" at the end of clause (i); and 
(B) by inserting at the end the following new clause: 
"(iii) for care and maintenance of marine mammal seized 
under section 104(c)(2)(D); and"; and 
(2) in subsection (d) by inserting after "For purposes of 
carrying out this title" the following: ' ^ d section 104(c)(2)(D)". 
SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICATION TO OTHER 
TREATIES AND CONVENTIONS. 
(a) MEASURES FOR IMPACTS ON STRATEGIC STOCKS.—Section 
112 (16 U.S.C. 1382) is amended by adding at the end the following 
new subsection: 
"(e) If the Secretary determines, based on a stock assessment 
under section 117 or other significant new information obtained 
under this Act, that impacts on rookeries, mating grounds, or other 
areas of similar ecological significance to marine mammals may 
be causing the decUne or impeding the recovery of a strategic 
stock, the Secretary may develop and implement conservation or 
management measures to alleviate those impacts. Such measures 
shall be developed and implemented after consultation with the 
Marine Mammal Commission and the appropriate Federal agencies 
and after notice and opportunity for public comment.". 
(b) INTERNATIONAL POLAR BEAR CONSERVATION.—Section 113 
(16 U.S.C. 1383) is amended by— 
(1) designating the existing paragraph as subsection (a); 
and 
(2) adding at the end the following new subsections: 
"(b) Not later than 1 year after the date of enactment of 
the Marine Mammal Protection Act Amendments of 1994, the Sec-
retary of the Interior shall, in consultation with the contracting 
parties, initiate a review of the effectiveness of the Agreement 
on the Conservation of Polar Bears, as provided for in Article 
DC of the Agreement, and establish a process by which future 
reviews shall be conducted. 
"(c) The Secretary of the Interior, in consultation with the 
Secretary of State and the Marine Mammal Commission, shall 
review the effectiveness of United States implementation of the 
Agreement on the Conservation of Polar Bears, particularly with 
respect to the habitat protection mandates contained in Article 
II. The Secretary shall report the results of this review to the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than April 1,1995. 
"(d) Not later than 6 months after the date of enactment 
of the Marine Mammal Protection Act Amendments of 1994, the 
Secretary of the Interior, acting through the Secretary of State 
and in consultation with the Marine Mammal Commission and 
the State of Alaska, shall consult with the appropriate officials 
of the Russi£in Federation on the development and implementation 
of enhanced cooperative research and management programs for 
the conservation of polar bears in Alaska and Russia. The Secretary 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 543 
shall report the results of this consultation and provide periodic 
progress reports on the research and management programs to 
the Committee on Merchant Marine and Fisheries of the House 
of Representatives and the Committee on Commerce, Science and 
Transportation of the Senate.". 
SEC. 8. CONSERVATION PLANS. 
Section 115(b) (16 U.S.C. 1383b(b)) is amended by adding at 
the end the following new paragraph: 
"(4) If the Secretary determines that a take reduction plan 
is necessary to reduce the incidental taking of marine mammals 
in the course of commercial fishing operations from a strategic 
stock, or for species or stocks which interact with a commercial 
fishery for which the Secretary has made a determination under 
section 118(f)(1), any conservation plan prepared under this sub-
section for such species or stock shall incorporate the take reduction 
plan required under section 118 for such species or stock.". 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) DEPARTMENTS OF COMMERCE AND THE INTERIOR.—Section 
116 is amended to read as follows: 
16 USC 1384. 
"SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 
"(a) DEPARTMENT OF COMMERCE.—(1) There are authorized to 
be appropriated to the Department of Commerce, for purposes of 
carrying out its functions and responsibilities under this title (other 
than sections 117 and 118) and title IV, $12,138,000 for fiscal 
year 1994, $12,623,000 for fiscal year 1995, $13,128,000 for fiscal 
year 1996, $13,653,000 for fiscal year 1997, $14,200,000 for fiscal 
year 1998, and $14,768,000 for fiscal year 1999. 
"(2) There are authorized to be appropriated to the Department 
of Commerce, for purposes of carrying out sections 117 and 118, 
$20,000,000 for each of the fiscal years 1994 through 1999. 
"(b) DEPARTMENT OF THE INTERIOR.—There are authorized to 
be appropriated to the Department of the Interior, for purposes 
of carrying out its functions and responsibilities under this title, 
$8,000,000 for fiscal year 1994, $8,600,000 for fiscal year 1995, 
$9,000,000 for fiscal year 1996, $9,400,000 for fiscal year 1997, 
$9,900,000 for fiscal year 1998, and $10,296,000 for fiscal year 
1999.". 
(b) MARINE MAMMAL COMMISSION.—Section 207 is amended i6 use i407. 
to read as follows: 
"SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to the Marine Mam-
mal Commission, for purposes of canying out this title, $1,500,000 
for fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000 
for fiscal year 1996, $1,650,000 for fiscal year 1997, $1,700,000 
for fiscal year 1998, and $1,750,000 for fiscal year 1999.". 
(c) REPEAL.—Section 7 of the Act entitled "An Act to improve 
the operation of the Marine Mammal Protection Act of 1972, and 
for other purposes", approved October 9, 1981 (16 U.S.C. 1384 
and 1407), is repealed. 
SEC. 10. STOCK ASSESSMENTS. 
Title I (16 U.S.C. 1371 et seq.) is amended by adding at the 
end the following new section: 
108 STAT. 544 
PUBLIC LAW 103-238—APR. 30, 1994 
16 use 1386. 
"SEC. 117. STOCK ASSESSMENTS. 
"(a) IN GENERAL.—Not later than August 1, 1994, the Secretary 
shall, in consultation with the appropriate regional scientific review 
group established under subsection (d), prepare a draft stock assess-
ment for each marine mammal stock which occurs in waters under 
the jurisdiction of the United States. Each draft stock assessment, 
based on the best scientific information available, shall— 
"(1) describe the geographic range of the affected stock, 
including any seasonal or temporal variation in such range; 
"(2) provide for such stock the minimum population esti-
mate, current and maximum net productivity rates, and current 
population trend, including a description of the information 
upon which these are based; 
"(3) estimate the annual human-caused mortaUty and seri-
ous injury of the stock by source and, for a strategic stock, 
other factors that may be causing a decline or impeding recov-
ery of the stock, including effects on marine mammal habitat 
and prey; 
"(4) describe commercial fisheries that interact with the 
stock, including— 
"(A) the approximate number of vessels actively partici-
pating in each such fishery; 
"(B) the estimated level of incidental mortality and 
serious injury of the stock by each such fishery on an 
annual basis; 
"(C) seasonal or area differences in such incidental 
mortality or serious injury; and 
"(D) the rate, based on the appropriate standard unit 
of fishing effort, of such incidental mortality and serious 
injury, and £in analysis stating whether such level is 
insignificant and is approaching a zero mortahty and seri-
ous injury rate; 
"(5) categorize the status of the stock as one that either— 
"(A) has a level of human-caused mortality and serious 
injury that is not likely to cause the stock to be reduced 
below its optimum sustainable population; or 
"(B) is a strategic stock, with a description of the 
reasons therefor; and 
"(6) estimate the potential biological removal level for the 
stock, describing the information used to calculate it, including 
the recovery factor. 
Federal 
"(b) PUBLIC COMMENT.—(1) The Secretary shall pubHsh in the 
^sister. 
Federal Register a notice of the availability of a draft stock assess-
pu ica ion. 
ment or any revision thereof and provide an opportunity for public 
review and comment during a period of 90 days. Such notice shall 
include a summary of the assessment and a list of the sources 
of information or published reports upon which the assessment 
is based. 
"(2) Subsequent to the notice of availability required under 
paragraph (1), if requested by a person to which section 101(b) 
applies, the Secretary shall conduct a proceeding on the record 
prior to publishing a fingd stock assessment or any revision thereof 
for any stock subject to taking under section 101(b). 
"(3) After consideration of the best scientific information avail-
able, the advice of the appropriate regional scientific review group 
established under subsection (d), and the comments of the general 
public, the Secretary shall publish in the Federal Register a notice 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 545 
of availability and a summary of the final stock assessment or 
any revision thereof, not later than 90 days after— 
"(A) the close of the public comment period on a draft 
stock assessment or revision thereof; or 
"(B) final action on an agency proceeding pursuant to para-
graph (2). 
"(c) REVIEW AND REVISION.—(1) The Secretary shall review 
stock assessments in accordance with this subsection— 
"(A) at least annually for stocks which are specified as 
strategic stocks; 
"(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. 
"(2) If the review under paragraph (1) indicates that the status 
of the stock has changed or can be more accurately determined, 
the Secretary shall revise the stock assessment in accordance with 
subsection (b). 
"(d) REGIONAL SCIENTIFIC REVIEW GROUPS.—(1) Not later than 
60 days after the date of enactment of this section, the Secretary 
of Commerce shall, in consultation with the Secretary of the Interior 
(with respect to marine mammals under that Secretary's jurisdic-
tion), the Marine Mammal Commission, the Grovemors of affected 
adjacent coastal States, regional fishery and wildlife management 
authorities, Alaska Native orgeuiizations and Indian tribes, and 
environmental and fishery groups, establish three independent 
regional scientific review groups representing Alaska, the Pacific 
Coast (including Hawaii), and the Atlantic Coast (including the 
Gulf of Mexico), consisting of individuals with expertise in marine 
mammal biology and ecology, population dynamics and modeling, 
commercial fishing technology and practices, and stocks taken under 
section 101(b). The Secretary of Commerce shall, to the maximum 
extent practicable, attempt to achieve a balanced representation 
of viewpoints among the individuals on each regional scientific 
review group. The regional scientific review groups shall advise 
the Secretary on— 
"(A) population estimates and the population status and 
trends of such stocks; 
"(B) uncertainties and research needed regarding stock 
separation, abundance, or trends, and factors affecting the dis-
tribution, size, or productivity of the stock; 
"(C) uncertainties and research needed regarding the spe-
cies, number, ages, gender, and reproductive status of marine 
mammals; 
"(D) research needed to identify modifications in fishing 
gear and practices likely to reduce the incidental mortality 
and serious injury of marine mammals in commercial fishing 
operations; 
"(E) the actual, expected, or potential impacts of habitat 
destruction, including marine pollution and natural environ-
mental change, on specific marine mammal species or stocks, 
and for strategic stocks, appropriate conservation or manage-
ment measures to alleviate any such impacts; and 
"(F) any other issue which the Secretary or the groups 
consider appropriate. 
"(2) The scientific review groups established under this sub-
section shall not be subject to the Federal Advisory Committee 
Act (5 App. U.S.C). 
108 STAT. 546 
PUBLIC LAW 103-238—APR. 30, 1994 
"(3) Members of the scientific review groups shall serve without 
compensation, but may be reimbursed by the Secretary, upon 
request, for reasonable travel costs and expenses incurred in 
performing their obligations. 
"(4) The Secretary may appoint or reappoint individuals to 
the regional scientific review groups under paragraph (1) as needed. 
"(e) EFFECT ON SECTION 101(b).—This section shall not affect 
or otherwise modify the provisions of section 101(b).". 
SEC. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL 
FISHING OPERATIONS. 
Title I (16 U.S.C. 1371 et seq.), as amended by this Act, is 
further amended by adding at the end the following new section: 
16 use 1387. 
"SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMER-
CIAL FISHING OPERATIONS. 
Effective date. 
"(a) IN GENERAL.—(1) Effective on the date of enactment of 
this section, and except as provided in section 114 and in para-
graphs (2), (3), and (4) of tnis subsection, the provisions of this 
section shall govern the incidental taking of marine mammals in 
the course of commercial fishing operations by persons using vessels 
of the United States or vessels which have valid fishing permits 
issued by the SecretEiry in accordance with section 204(b) of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1824(b)). In any event it shall be the immediate goal that the 
incidental mortality or serious iiy 
ury of marine mammals occurring 
in the course of commercial fishing operations be reduced to 
insignificant levels approaching a zero mortality £ind serious iiyury 
rate within 7 years after the date of enactment of this section. 
"(2) In the case of the incidental taking of marine mammals 
from species or stocks designated under this Act as depleted on 
the basis of their listing as threatened species or endangered species 
imder the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), both this section and section 101(aX5)(E) of this Act shall 
apply. 
(3) Sections 104(h) and title III, and not this section, shall 
govern the taking of marine mammals in the coiirse of conunercial 
purse seine fishing for yellowfin tima in the eastern tropical Pacific 
Ocean. 
"(4) This section shall not govern the incidental taking of 
CaUfomia sea otters and shall not be deemed to amend or repeal 
the Act of November 7, 1986 (PubHc 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. 
"(6) Sections 103 and 104 shall not apply to the incidental 
taking of marine mammals under the authority of this section. 
"(b) ZERO MORTALITY RATE GOAL.—(1) Commercial 
fisheries 
shall reduce incidental mortality and serious injury of marine mam-
mals to insignificant levels approaching a zero mortaUty and serious 
injury rate within 7 years after the date of enactment of this 
section. 
"(2) Fisheries which maintain insignificant serious injury and 
mortality levels approaching a zero rate shall not be required to 
further reduce their mortahty and serious injury rates. 
"(3) Three years after such date of enactment, the Secretary 
shall review the progress of all commercial fisheries, by fishery, 
toward reducing incidental mortahty and serious iixjury to insignin-
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 547 
Federal 
Register, 
publications. 
cant levels approaching a zero rate. The Secretary shall submit Reports 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Merchant Marine and Fisheries 
of the House of Representatives a report setting forth the results 
of such review within 1 year after commencement of the review. 
The Secretary shall note any commercial fishery for which addi-
tional information is required to accurately assess the level of 
incidental mortality and serious injury of marine mammals in the 
fishery. 
"(4) If the Secretary determines after review under paragraph 
(3) that the rate of incidental mortality and serious injury of marine 
mammals in a commercial fishery is not consistent with paragraph 
(1), then the Secretary shall take appropriate action under sub-
section (f). 
"(c) 
REGISTRATION AND AUTHORIZATION.—(1) 
The 
Secretary 
shall, within 90 days after the date of enactment of this section— 
"(A) pubUsh in the Federal Register for public comment, 
for a period of not less than 90 days, any necessary changes 
to the Secretaries list of commercial fisheries published under 
section 114(b)(1) and which is in existence on March 31, 1994 
(along with an explanation of such changes and a statement 
describing the marine mammal stocks interacting with, and 
the approximate number of vessels or persons actively involved 
in, each such fishery), with respect to commercial fisheries 
that have— 
"(i) fi*equent incidental mortality and serious iiyury 
of marine mammals; 
*'(ii) occasional incidental mortality and serious injury 
of marine mammals; or 
"(iii) a remote likelihood of or no known incidental 
mortality or serious injury of marine mammals; 
"(B) after the close of the period for such pubUc comment, 
publish in the Federal Register a revised list of commercial 
fisheries and an update of information required by subpara-
graph (A), together with a summary of the provisions of this 
section and information sufficient to advise vessel owners on 
how to obtain an authorization and otherwise comply with 
the requirements of this section; and 
"(C) at least once each year thereafter, and at such other 
times as the Secretary considers appropriate, reexamine, based 
on information gathered under this Act and other relevant 
sources and after notice and opportunity for pubUc comment, 
the classification of commercial fisheries and other determina-
tions required under subparagraph (A) and pubUsh in the Fed-
eral Register any necessary changes. 
"(2)(A) An authorization shall be granted by the Secretary 
in accordance with this section for a vessel engaged in a commercial 
fishery Usted under paragraph (1)(A) (i) or (ii), upon receipt by 
the Secretary of a completed registration form providing the name 
of the vessel owner and operator, the name and description of 
the vessel, the fisheries in which it will be engaged, the approximate 
time, duration, and location of such fishery operations, and the 
general type and nature of use of the fishing gear and techniques 
used. Such information shall be in a readily usable format that 
can be efficiently entered into and utilized by an automated or 
computerized data processing system. A decal or other physical 
evidence that the authorization is current and vaUd shall be issued 
108 STAT. 548 
PUBLIC LAW 103-238—APR. 30, 1994 
by the Secretary at the time an authorization is granted, and 
so long as the authorization remains current and valid, shall be 
reissued annually thereafter. 
"(B) No authorization may be granted under this section to 
the owner of a vessel unless such vessel— 
"(i) is a vessel of the United States; or 
"(ii) has a valid fishing permit issued by the Secretary 
in accordance with section 204(b) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1824(b)). 
"(C) Except as provided in subsection (a), an authorization 
granted under this section shall allow the incidental taking of 
all species and stocks of marine mammals to which this Act applies. 
"(3)(A) An owner of a vessel engaged in any fishery listed 
under paragraph (IXA) (i) or (ii) shall, in order to engage in the 
lawful incidental taking of marine mammals in a commercial 
fishery— 
"(i) have registered as required under paragraph (2) with 
' the Secretary in order to obtain for each such vessel owned 
and used in the fishery an authorization for the purpose of 
incidentally taking marine mammals in accordance with this 
section, except that owners of vessels holding valid certificates 
of exemption under section 114 are deemed to have registered 
for purposes of this subsection for the period during which 
such exemption is vaUd; 
"(ii) ensure that a decal or such other physical evidence 
of a current and vaUd authorization as the Secretary may 
require is displayed on or is in the possession of the master 
of each such vessel; 
"(iii) report as required by subsection (e); and 
"(iv) comply with any applicable take reduction plan and 
emergency regulations issued under this section. 
"(B) Any owner of a vessel receiving an authorization under 
this section for any fishery listed under paragraph (IXA) (i) or 
(ii) shall, as a condition of that authorization, take on board an 
observer if requested to do so by the Secretary. 
"(C) An owner of a vessel engaged in a fishery Usted under 
paragraph (1)(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 Euid vaUd authorization 
for such vessel; or 
"(iii) faUs 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 vaUd authorization from the Secretary under this sec-
tion and meets the requirements set forth in this section, including 
compliance with any regulations to implement a take reduction 
plan under this section, the owner of such vessel, and the master 
and crew members of the vessel, shall not be subject to the penalties 
set forth in this title for the incidental taking of marine mammals 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 549 
while such vessel is engaged in a fishery to which the authorization 
applies. 
"(E) Each owner of a vessel engaged in any fishery not listed 
under paragraph (1)(A) (i) or (ii), and the master and crew members 
of such a vessel, shall not be subject to the penalties set forth 
in this title for the incidental taking of marine mammals if such 
owner reports to the Secretary, in the form and manner required 
under subsection (e), instances of incidental mortality or injury 
of marine mammals in the course of that fishery. 
"(4)(A) The Secretary shall suspend or revoke an authorization 
granted under this section and shall not issue a decal or other 
physical evidence of the authorization for any vessel until the 
owner of such vessel complies with the reporting requirements 
under subsection (e) and such requirements to take on board an 
observer under paragraph (3)(B) as are applicable to such vessel. 
Previous failure to comply with the requirements of section 114 
shall not bar authorization under this section for an owner who 
complies with the requirements of this section. 
"(B) The Secretary may suspend or revoke an authorization 
granted under this subsection, and may not issue a decal or other 
physical evidence of the authorization for any vessel which fails 
to comply with a take reduction plan or emergency regulations 
issued under this section. 
"(C) The owner and master of a vessel which fails to comply 
with a take reduction plan shall be subject to the penalties of 
sections 105 and 107, and may be subject to section 106. 
"(5)(A) The Secretary shall develop, in consultation with the 
appropriate States, affected Regional Fishery Management Coun-
cils, and other interested persons, the means by which the granting 
and administration of authorizations under this section shall be 
integrated and coordinated, to the maximum extent practicable, 
with existing fishery licenses, registrations, and related programs. 
"(B) The Secretary shall utilize newspapers of general circula-
tion, fishery trade associations, electronic media, and other means 
of advising commercial fishen^en of the provisions of this section 
and the means by which they can comply with its requirements. 
"(C) The Secretary is authorized to charge a fee for the granting 
of an authorization under this section. The level of fees charged 
under this subparagraph shall not exceed the administrative costs 
incurred in granting an authorization. Fees collected under this 
subparagraph shall be available to the Under Secretary of Com-
merce for Oceans and Atmosphere for expenses incurred in the 
granting and administration of authorizations under this section. 
"(d) MONITORING OF INCIDENTAL TAKES.—(1) The Secretary 
shall establish a program to monitor incidental mortality and seri-
ous injury of marine mammals during the course of commercial 
fishing operations. The purposes of the monitoring program shall 
be to— 
"(A) obtain statistically reUable estimates of incidental 
mortality and serious injury; 
"(B) determine the reliability of reports of incidental mortal-
ity and serious injury under subsection (e); and 
"(C) identify changes in fishing methods or technology that 
may increase or decrease incidental mortaUty and serious 
iiyury. 
Newspapers. 
Trade 
associations. 
Electronic 
media. 
108 STAT. 550 
PUBLIC LAW 103-238—APR. 30, 1994 
"(2) Pursuant to paragraph (1), the Secretary may place observ-
ers on board vessels as necessary, subject to the provisions of 
this section. Observers may, among other tasks— 
"(A) record incidental mortality and injury, or by catch 
of other nontarget species; 
"(B) record numbers of marine mammals sighted; and 
"(C) perform other scientific investigations. 
"(3) In determining the distribution of observers among 
commercial fisheries and vessels within a fishery, the Secretary 
shall be guided by the following standards: 
"(A) The requirement to obtain statistically 
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 observer 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 commercial fisheries in accordance with the follow-
ing priority: 
"(A) The highest priority for allocation shall be for commer-
cial fisheries that have incidental mortality or serious injury 
of marine mammals from stocks listed as endangered species 
or threatened species under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
"(B) The second highest priority for allocation shall be 
for commercial fisheries that have incidental mortality and 
serious injury of marine mammals from strategic stocks. 
"(C) The third highest priority for allocation shall be for 
commercial fisheries that have incidental mortality or serious 
injury of marine mammals from stocks for which the level 
of incidental mortality and serious injury is uncertain. 
"(5) The Secretary may establish an alternative observer pro-
gram to provide statistically reliable information on the species 
and number of marine mammals incidentally taken in the course 
of commercial fishing operations. The alternative observer program 
may include direct observation of fishing activities from vessels, 
airplanes, or points on shore. 
"(6) The Secretary is not required to place an observer on 
a vessel in a fishery if the Secretary finds that— 
"(A) in a situation in which harvesting vessels are deliver-
ing fish to a processing vessel and the catch is not taken 
on board the harvesting vessel, statistically reliable information 
can be obtained from an observer on board the processing 
vessel to which the fish are delivered; 
"(B) the facilities on a vessel for quartering of an observer, 
or for carrying out observer functions, are so inadequate or 
unsafe that the health or safety of the 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) The Secretary may, with the consent of the vessel owner, 
station an observer on board a vessel engaged in a fishery not 
listed under subsection (c)(1)(A) (i) or (ii). 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 551 
"(8) Any proprietary information collected under this subsection 
Classified 
shall be confidential and shall not be disclosed except— 
information. 
"(A) to Federal employees whose duties require access to 
such information; 
"(B) to State or tribal employees pursuant to an agreement 
with the Secretary that prevents public disclosure of the iden-
tity or business of any person; 
"(C) when required by court order; or 
"(D) in the case of scientific information involving fisheries, 
to employees of Regional Fishery Management Councils who 
are responsible for fishery msuiagement plan development and 
monitoring. 
"(9) The Secretary shall prescribe such procedures as may 
be necessary to preserve such confidentiality, except that the Sec-
retary shall release or make public upon request any such informa-
tion in aggregate, summary, or other form which does not directly 
or indirectly disclose the identity or business of any person. 
"(e) REPORTING REQUIREMENT.—The owner or operator of a 
commercial fishing vessel subject to this Act shall report all inciden-
tal mortality and injury of marine mammals in the course of 
commercial fishing operations to the Secretary by mail or other 
means acceptable to the Secretary within 48 hours after the end 
of each fishing trip on a standard postage-paid form to be developed 
by the Secretary under this section. Such form shall be capable 
of being readily entered into and usable by an automated or comput-
erized data processing system and shall require the vessel owner 
or operator to provide the following: 
"(1) The vessel name, andf Federal, State, or tribal registra-
tion 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 incidentally killed 
or injured, and the date, time, and approximate geographic 
location of such occurrence. 
"(f) TAKE REDUCTION PLANS.—(1) The Secretary shall develop 
and implement a take reduction plan designed to assist in the 
recovery or prevent the depletion of each strategic stock which 
interacts with a commercial fishery listed under subsection (c)(1)(A) 
(i) or (ii), and may develop and implement such a plan for any 
other marine mammal stocks which interact with a commercial 
fishery listed under subsection (c)(l)(A)(i) which the Secretary deter-
mines, after notice and opportunity for public comment, has a 
high level of mortgdity and serious injury across a number of such 
marine mammal stocks. 
"(2) The immediate goal of a take reduction plan for a strategic 
stock shall be to reduce, within 6 months of its implementation, 
the incidental mortality or serious injury of marine mammals 
incidentally taken in the course of commercial fishing operations 
to levels less than the potential biological removal level established 
for that stock under section 117. The long-term goal of the plan 
shall be to reduce, within 5 years of its implementation, the inciden-
tal mortality or serious injury of marine mammals incidentally 
taken in the course of commercial fishing operations to insignificant 
levels approaching a zero mortality and serious injury rate, taking 
into account the economics of the fishery, the availability of existing 
technology, and existing State or regional fishery management 
plans. 
79-194 O—95—19: QL 3 Parti 
108 STAT. 552 
PUBLIC LAW 103-238—APR. 30, 1994 
"(3) If there is insufficient funding available to develop and 
implement a take reduction plan for all such stocks that interact 
with commercial fisheries listed under subsection (c)(1)(A) (i) or 
(ii), the Secretary shall give highest priority to the development 
and implementation of take reduction plans for species or stocks 
whose level of incidental mortality and serious injury exceeds the 
potential biological removal level, those that have a small population 
size, and those which are declining most rapidly. 
"(4) Each take reduction plan shall include— 
"(A) a review of the information in the final stock assess-
ment published under section 117(b) and any substantial new 
information; 
"(B) an estimate of the total number and, if possible, age 
and gender, of animals from the stock that are being inciden-
tally lethally taken or seriously injured each year during the 
course of commercial fishing operations, by fishery; 
"(C) recommended regulatory or voluntary measures for 
the reduction of incidental mortality and serious injury; 
"(D) recommended dates for achieving the specific objectives 
of the plan. 
"(5)(A) For any stock in which incidental mortality and serious 
injury from commercial fisheries exceeds the potential biological 
removal level established under section 117, the plan shall include 
measures the Secretary expects will reduce, within 6 months of 
the plan's implementation, such mortality and serious injury to 
a level below tne potential biological removal level. 
"(B) For any stock in which humsin-caused mortality and serious 
injury exceeds the potential biological removal level, other than 
a stock to which subparagraph (A) applies, the plan shall include 
measures the Secretary expects will reduce, to the maximum extent 
practicable within 6 months of the plan's implementation, the 
incidental mortaUty and serious injury by such commercial fisheries 
from that stock. For purposes of this subparagraph, the term 'maxi-
mum extent practicable' means to the lowest level that is feasible 
for such fisheries within the 6-month period. 
"(6)(A) At the earliest possible time (not later than 30 days) 
after the Secretary issues a final stock assessment under section 
117(b) for a strategic stock, the Secretary shall, and for stocks 
that interact with a fishery Hsted under subsection (c)(lXA)(i) for 
which the Secretary has made a determination under paragraph 
(1), the Secretary may— 
"(i) establish a take reduction team for such stock and 
appoint the members of such team in accordance with subpara-
graph (C); and 
"(ii) publish in the Federal Register a notice of the team's 
estabUshment, the names of the team's appointed members, 
the full geographic range of such stock, and a list of all commer-
cial fisheries that cause incidental mortahty and serious iiyury 
of marine mammals from such stock. 
"(B) The Secretary may request a take reduction team to 
address a stock that extends over one or more regions or fisheries, 
or multiple stocks within a region or fishery, if the Secretary 
determines that doing so would facilitate the development and 
implementation of plans required under this subsection. 
"(C) Members of take reduction teams shall have expertise 
regarding the conservation or biology of the marine mammal species 
which the take reduction plan will address, or the fishing practices 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 553 
which result in the incidental mortality and serious injury 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 Meuiagement Coun-
cils, interstate 
fisheries 
commissions, academic and 
scientific 
organizations, environmental groups, all commercial and rec-
reational fisheries groups and gear types which incidentally take 
the species or stock, Alaska Native organizations or Indian tribal 
organizations, and others as the Secretary deems appropriate. Take 
reduction teams shall, to the maximum extent practicable, consist 
of an equitable balance among representatives of resource user 
interests and nonuser interests. 
"(D) Take reduction teams shall not be subject to the Federal 
Advisory Committee Act (5 App. U.S.C.). Meetings of take reduction 
teams shall be open to the public, and prior notice of meetings 
shall be made public in a timely fashion. 
"(E) Members of take reduction teams shall serve without com-
pensation, but may be reimbursed by the Secretary, upon request, 
for reasonable travel costs and expenses incurred in performing 
their duties as members of the team. 
"(7) Where the human-caused mortality and serious injury from 
a strategic stock is estimated to be equal to or greater than the 
potential biological removal level established under section 117 
for such stock and such stock interacts with a fishery listed under 
subsection (c)(1)(A) (i) or (ii), the following procedures shall apply 
in the development of the take reduction plan for the stock: 
"(A)(i) Not later than 6 months after the date of establish-
ment of a take reduction team for the stock, the team shall 
submit a draft take reduction plan for such stock to the Sec-
retary, consistent with the other provisions of this section, 
"(ii) Such draft take reduction plan shall be developed 
by consensus. In the event consensus cannot be reached, the 
team shall advise the Secretary in writing on the range of 
possibilities considered by the team, and the views of both 
the majority and minority. 
"(B)(i) The Secretary shall take the draft take reduction 
plan into consideration and, not later than 60 days eifter the 
submission of the draft plan by the team, the Secretary shall 
publish in the Federal Register the plan proposed by the team, 
any changes proposed by the Secretary with an explanation 
of the reasons therefor, and proposed regulations to implement 
such plan, for public review and comment during a period 
of not to exceed 90 days. 
"(ii) In the event that the take reduction team does not 
submit a draft plan to the Secretary within 6 months, the 
Secretary shall, not later than 8 months after the establishment 
of the team, publish in the Federal Register a proposed take 
reduction plan and implementing regulations, for public review 
and comment during a period of not to exceed 90 days. 
"(C) Not later than 60 days after the close of the comment 
period required under subparagraph (B), the Secretary shall 
issue a final take reduction plan and implementing regulations, 
consistent with the other provisions of this section. 
"(D) The Secretary shall, during a period of 30 days after 
publication of a final take reduction plan, utilize newspapers 
of general circulation, fishery trade associations, electronic 
Public 
information. 
Federal 
Register, 
publications. 
Regulations. 
Newspapers. 
Trade 
associations. 
Electronic 
media. 
108 STAT. 554 
PUBLIC LAW 103-238—APR. 30, 1994 
Federal 
Register, 
publications. 
Regulations. 
Newspapers. 
Trade 
associations. 
Electronic 
media. 
media, and other means of advising commercial fishermen of 
the requirements of the plan and how to comply with them. 
"(E) The Secretary and the take reduction team shall meet 
every 6 months, or at such other intervals as the Secretary 
determines are necessary, to monitor the implementation of 
the final take reduction plan until such time that the Secretary 
determines that the objectives of such plan have been met. 
"(F) The Secretary shall amend the take reduction plan 
and implementing regulations as necessary to meet the require-
ments of this section, in accordance with the procedures in 
this section for the issuance of such plans and regulations. 
"(8) Where the human-caused mortality and serious injury from 
a strategic stock is estimated to be less than the potential biological 
removal level established under section 117 for such stock and 
such stock interacts with a fishery listed under subsection (c)(1)(A) 
(i) or (ii), or for any marine mammal stocks which interact with 
a commercial fishery listed under subsection (c)(l)(A)(i) for which 
the Secretary has made a determination under paragraph (1), the 
following procedures shall apply in the development of the take 
reduction plan for such stock: 
"(A)(i) Not later than 11 months after the date of establish-
ment of a take reduction team for the stock, the team shall 
submit a draft take reduction plan for the stock to the Sec-
retary, consistent with the other provisions of this section. 
"(ii) Such draft take reduction plan shall be developed 
by consensus. In the event consensus cannot be reached, the 
team shall advise the Secretary in writing on the range of 
possibilities considered by the team, and the views of both 
the majority and minority. 
"(B)(i) The Secretary shall take the draft take reduction 
plan into consideration and, not later than 60 days after the 
submission of the draft plan by the team, the Secretary shall 
publish in the Federal Register the plan proposed by the team, 
any changes proposed by the Secretary with an explanation 
of the reasons therefor, and proposed regulations to implement 
such plan, for public review and comment during a period 
of not to exceed 90 days. 
"(ii) In the event that the take reduction team does not 
submit a draft plan to the Secretary within 11 months, the 
Secretary shall, not later than 13 months after the establish-
ment of the team, publish in the Federal Register a proposed 
take reduction plan and implementing regulations, for public 
review and comment during a period of not to exceed 90 days. 
"(C) Not later than 60 days after the close of the comment 
period required under subparagraph (B), the Secretary shall 
issue a final take reduction plan and implementing regulations, 
consistent with the other provisions of this section. 
"(D) The Secretary shall, during a period of 30 days after 
publication of a final take reduction plan, utilize newspapers 
of general circulation, fishery trade associations, electronic 
media, and other means of advising commercial fishermen of 
the requirements of the plan and how to comply with them. 
"(E) The Secretary and the take reduction team shall meet 
on an annual basis, or at such other intervals as the Secretary 
determines are necessary, to monitor the implementation of 
the final take reduction plan until such time that the Secretary 
determines that the objectives of such plan have been met. 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 555 
"(F) The Secretary shall amend the take reduction plan 
and implementing regulations as necessary to meet the require-
ments of this section, in accordance with the procedures in 
this section for the issuance of such plans and regulations. 
"(9) In implementing a take reduction plan developed pursuant 
to this subsection, the Secretary may, where necessary to implement 
a take reduction plan to protect or restore a marine mammal 
stock or species covered by such plsm^, promulgate regulations which 
include, but are not limited to, measures to— 
"(A) establish fishery-specific limits on incidental mortality 
and serious injury of marine mammals in commercial fisheries 
or restrict commercial fisheries by time or area; 
"(B) require the use of alternative commercial fishing gear 
or techniques and new technologies, encourage the development 
of such gear or technology, or convene expert skippers' panels; 
"(C) educate commercial fishermen, through workshops and 
other means, on the importance of reducing the incidental 
mortality and serious injury of marine mammals in affected 
commercial fisheries; and 
"(D) monitor, in accordance with subsection (d), the 
effectiveness of measures taken to reduce the level of incidental 
mortality and serious injury of marine mammals in the course 
of commercial fishing operations. 
"(10)(A) Notwithstanding paragraph (6), in the case of any 
stock to which paragraph (1) applies for which a final stock assess-
ment has not been published under section 117(b)(3) by April 1, 
1995, due to a proceeding under section 117(b)(2), or any Federal 
court review of such proceeding, the Secretary shall establish a 
take reduction team under paragraph (6) for such stock as if a 
final stock assessment had been pubUshed. 
"(B) The draft stock assessment pubUshed for such stock under 
section 117(b)(1) shall be deemed the final stock assessment for 
purposes of preparing and implementing a take reduction plan 
for such stock under this section. 
"(C) Upon pubUcation of a final stock assessment for such 
stock under section 117(b)(3) the Secretary shall immediately 
reconvene the take reduction team for such stock for the purpose 
of amending the take reduction plan, and any regulations issued 
to implement such plan, if necessary, to reflect the final stock 
assessment or court action. Such amendments shall be made in 
accordance with paragraph (7)(F) or (8)(F), as appropriate. 
"(D) A draft stock assessment may only be used as the basis 
for a take reduction plan under this paragraph for a period of 
not to exceed two years, or until a final stock assessment is pub-
Ushed, whichever is earlier. If, at the end of the two-year period, 
a final stock assessment has not been published, the Secretary 
shall categorize such stock under section 117(a)(5)(A) and shall 
revoke any regulations to implement a take reduction plan for 
such stock. 
"(E) Subparagraph (D) shall not apply for any period beyond 
two years during which a final stock assessment ror such stock 
has not been published due to review of a proceeding on such 
stock assessment by a Federal court. Immediately upon final action 
by such court, the Secretary shall proceed under subparagraph 
(C). 
"(11) Take reduction plans developed under this section for 
a species or stock listed as a threatened species or endangered 
108 STAT. 556 
PUBLIC LAW 103-238—APR. 30, 1994 
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) shall be consistent with any recovery plan developed for 
such species or stock under section 4 of such Act. 
"(g) EMERGENCY REGULATIONS.—(1) If the Secretary finds that 
the incidental mortality and serious injury of marine mammals 
from commercial fisheries is having, or is likely to have, an imme-
diate and significant adverse impact on a stock or species, the 
Secretary shall take actions as follows: 
"(A) In the case of a stock or species for which a take 
reduction plan is in effect, the Secretary shall— 
"(i) prescribe emergency regulations that, consistent 
with such plan to the maximum extent practicable, reduce 
incidental mortality and serious injury in that fishery; and 
"(ii) approve and implement, on an expedited 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 Secretary shall— 
"(i) prescribe emergency regulations to reduce such 
incidental mortality and serious injury in that fishery; and 
"(ii) approve and implement, on an expedited 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 plsm does not exist and is not being developed, or 
in the case of a commercial fishery listed under subsection 
(c)(l)(A)(iii) which the Secretary believes may be contributing 
to such adverse impact, the Secretary shall— 
"(i) prescribe emergency regulations to reduce such 
incidental mortality and serious injury in that fishery, to 
the extent necessary to mitigate such adverse impact; 
"(ii) immediately review the stock assessment for such 
stock or species and the classification of such commercial 
fishery under this section to determine if a take reduction 
team should be established; and 
"(iii) may, where necessary to address such adverse 
impact on a species or stock listed as a threatened species 
or endangered species under the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), place observers on vessels 
in a commercial fishery listed under subsection (c)(l)(A)(iii), 
if the Secretary has reason to believe such vessels may 
be causing the incidental mortality and serious injury to 
marine mammals from such stock. 
"(2) Prior to taking action under paragraph (1) (A), (B), or 
(C), the Secretary shall consult with the Marine Mammal Commis-
sion, all appropriate Regional Fishery Management Coiuicils, State 
fishery managers, and the appropriate take reduction team (if estab-
Hshed). 
Federal 
**(3) Emergency regulations prescribed luider this subsection— 
pJbliSons 
"(^^ ^^^^^ ^ 
pubUshed 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 apphcable commercial 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 termi-
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 557 
nation, if the Secretary determines that the reasons for emer-
gency regulations no longer exist. 
"(4) If the Secretary finds that incidental mortality and serious 
injury of marine mammals in a commercial fishery is continuing 
to have an immediate and significant adverse impact on a stock 
or species, the Secretary may extend the emergency regulations 
for an additional period of not more than 90 days or until reasons 
for the emergency no longer exist, whichever is earlier. 
"(h) PENALTIES.—^Except as provided in subsection (c), any per- Regulations. 
son who violates this section shall be subject to the provisions 
of sections 105 and 107, and may be subject to section 106 as 
the Secretary shall establish by regulations. 
"(i) ASSISTANCE.—The Secretary shall provide assistance to 
Regional Fishery Management Councils, States, interstate fishery 
commissions, and Indian tribal organizations in meeting the goal 
of reducing incidental mortality and serious injury to insignificant 
levels approaching a zero mortsJity and serious injury rate. 
"(j) CONTRIBUTIONS.—For purposes of canying out this section, 
the Secretary may accept, solicit, receive, hold, administer, and 
use gifts, devises, and bequests. 
"(k) CONSULTATION WITH SECRETARY OF THE INTERIOR.—The 
Secretary shall consult with the Secretary of the Interior prior 
to taking actions or making determinations under this section that 
affect or relate to species or population stocks of marine mammals 
for which the Secretary of the Interior is responsible under this 
title. 
"(1) DEFINITIONS.—^As used in this 
section and section 
101(a)(5)(E), each of the terms 'fisher/ and 'vessel of the United 
States' has the same meaning it does in section 3 of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1802).". 
SEC. 12. DEFINITIONS. 
Section 3 (16 U.S.C. 1362) is amended by adding at the end 
the following: 
"(18)(A) The term 'harassment' means any act of pursuit, 
torment, or annoyance which— 
"(i) has the potential to injure a marine mammal or 
msuine mammal stock in the wild; or 
"(ii) has the potential to disturb a marine mammal 
or marine mammal stock in the wild by causing disruption 
of behavioral patterns, including, but not limited to, migra-
tion, breathing, nursing, breeding, feeding, or sheltering. 
"(B) The term 'Level A harassment' means harassment 
described in subparagraph (A)(i). 
"(C) The term 'Level B harassment' means harassment 
described in subparagraph (A)(ii). 
"(19) The term 'strategic stock' means a marine mammal 
stock— 
"(A) for which the level of direct human-caused mortal-
ity exceeds the potenticd biological removal level; 
"(B) which, based on the best available scientific 
information, is declining and is likely to be listed as a 
threatened species under the Endangered Species Act of 
1973 within the foreseeable future; or 
"(C) which is listed as a threatened species or endan-
gered species under the Endangered Species Act of 1973 
108 STAT. 558 
PUBLIC LAW 103-238—APR. 30, 1994 
(16 U.S.C. 1531 et seq.), or is designated as depleted under 
this Act. 
"(20) The term 'potential biological removal level' means 
the maximum number of animals, not including natural 
mortalities, that may be removed from a marine mammal stock 
while allowing that stock to reach or maintain its optimum 
sustainable population. The potential biological removal level 
is the product of the following factors: 
"(A) The minimum population estimate of the stock. 
"(B) One-half the maximum theoretical or estimated 
net productivity rate of the stock at a small population 
size. 
"(C) A recovery factor of between 0.1 and 1.0. 
"(21) The term 'Regional Fishery Management Council' 
means a Regional Fishery Management Council established 
under section 302 of the Magnuson Fishery Conservation and 
Management Act. 
"(22) The term 'bona fide research' means scientific research 
on marine mammals, the results of which— 
"(A) likely would be accepted for publication in a 
referred scientific journal; 
"(B) are likely to contribute to the basic knowledge 
of marine mammal biology or ecology; or 
"(C) are likely to identify, evaluate, or resolve conserva-
tion problems. 
"(23) The term 'Alaska Native organization' means a group 
designated by law or formally chartered which represents or 
consists of Indians, Aleuts, or Eskimos residing in Alaska. 
"(24) The term 'take reduction plan' meeuis a plan developed 
under section 118. 
"(25) The term 'take reduction team' means a team estab-
lished under section 118. 
"(26) The term 'net productivity rate' means the annual 
per capita rate of increase in a stock resulting from additions 
due to reproduction, less losses due to mortality. 
"(27) The term 'minimum population estimate' means an 
estimate of the number of animals in a stock that— 
"(A) is based on the best available scientific information 
on abundance, incorporating the precision and variability 
associated with such information; and 
"(B) provides reasonable assurance that the stock size 
is equal to or greater than the estimate.". 
SEC. 13. PENALTIES; PROHIBITIONS. 
(a) CIVIL PENALTIES.—Section 105(a)(1) (16 U.S.C. 1375(a)(1)) 
is amended by inserting ", except as provided in section 118," 
(b) CRIMINAL PENALTIES.—Section 105(b) (16 U.S.C. 1375(b)) 
is amended by inserting "(except as provided in section 118)" after 
"thereunder". 
(c) PROHIBITIONS.—Section 102(a) (16 U.S.C. 1372(a)) is amend-
ed by striking "and 114 of this title or title III" and inserting 
"114, and 118 of this title and title IV". 
16 use 1361 
SEC. 14. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE. 
Nothing in this Act, including any amendments to the Marine 
Mammal Protection Act of 1972 made by this Act— 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 559 
(1) alters or is intended to alter any treaty between the 
United States and one or more Indian tribes; or 
(2) affects or otherwise modifies the provisions of section 
101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371(b)), except as specifically provided in the amendment made 
by section 4(b) of this Act. 
SEC. 15. TRANSITION RULE; IMPLEMENTING REGULATIONS. 
(a) TRANSITION RULE.—Section 114(a)(1) (16 U.S.C. 1383a(a)(l)) 
is amended by striking "ending April 1, 1994," and inserting in 
lieu thereof "until superseded by regulations prescribed under sec-
tion 118, or until September 1,1995, whichever is earlier,". 
(b) IMPLEMENTING REGULATIONS.—Except as provided other- 
16USC1361 
wise in this Act, or the amendments to the Marine Mammal Protec- 
^°^-
tion Act of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the 
Secretary of Commerce or the Secretary of the Interior, as appro-
priate, shall, after notice and opportunity for public comment, 
promulgate regulations to implement this Act and the amendments 
made by this Act by January 1,1995. 
SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) DEFINITIONS.—Section 3 (16 U.S.C. 1362) is amended— 
(1) by striking paragraph (17); and 
(2) by redesignating the second paragraph (15) and para-
graph (16) as paragraphs (16) and (17), respectively. 
(b) UNUSUAL MORTALITY EVENT FUND.—Section 405(a) (16 
U.S.C. 1421d(a)), as so redesignated by this Act, is amended by 
striking "a fund" £ind inserting in lieu thereof "an interest bearing 
fund". 
SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES. 
16 USC 1538 
(a) LAWFUL APPROACHES.—In waters of the United States 
"°*^ 
surrounding the State of Hawaii, it is lawful for a person subject 
to the jurisdiction of the United States to approach, by any means 
other than an aircraft, no closer than 100 yards to a humpback 
whale, regardless of whether the approach is made in waters des-
ignated under section 222.31 of title 50, Code of Federal Regula-
tions, as cow/calf waters. 
(b) TERMINATION OF LEGAL EFFECT OF CERTAIN REGULATIONS.— 
Subsection (b) of section 222.31 of title 50, Code of Federal Regula-
tions, shall cease to be in force and effect. 
SEC. 18. SCRIMSHAW EXEMPTIONS. 
16 USC 1539 
Notwithstanding any other provision of law, any valid certifi-
cate of exemption renewed by the Secretary (or deemed to be 
renewed) under section 10(f)(8) of the Endangered Species Act of 
1973 (16 U.S.C. 1539(f)(8)) for any person holding such a certificate 
with respect to the possession of pre-Act finished scrimshaw prod-
ucts or raw material for such products shall remain valid for a 
period not to exceed 5 years beginning on the date of enactment 
of this Act. 
SEC. 19. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA. 
^ 
Title I (16 U.S.C. 1371 et seq.), as amended by this Act, is 
further amended by adding at the end the following new section: 
"SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA. 
16 USC 1388. 
"(a) IN GENERAL.—^The Secretary may enter into cooperative 
agreements with Alaska Native organizations to conserve marine 
108 STAT. 560 
PUBLIC LAW 103-238—APR. 30, 1994 
^ 
mammals and provide co-management 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) collecting and ansdyzing data on marine mammal popu-
lations; 
"(2) monitoring the harvest of marine mammals for subsist-
ence use; 
"(3) participating in marine mammal research conducted 
by the Federal Government, States, academic institutions, and 
private organizations; and 
"(4) developing marine mammal co-management structures 
with Federal and State agencies. 
"(c) EFFECT OF JURISDICTION.—Nothing in this section is 
intended or shall be construed— 
"(1) as authorizing any expansion or change in the respec-
tive jurisdiction of Federal, State, or tribal governments over 
fish and wildlife resources; or 
"(2) as altering in any respect the existing political or 
legal status of Alaska Natives, or the governmental or jurisdic-
tional status of Alaska Native communities or Alaska Native 
entities. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for the purposes of carrying out this section— 
(1) $1,500,000 to the Secretary of Commerce for each 
of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; 
and 
"(2) $1,000,000 to the Secretary of the Interior for each 
of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999. 
The amounts authorized to be appropriated under this subsection 
are in addition to the amounts authorized to be appropriated under 
section 116.". 
SEC. 20. MARINE ECOSYSTEM PROTECTION. 
Section 110 (16 U.S.C. 1380) is amended by striking subsection 
(c) and inserting the following: 
"(c)(1) No later than 1 year after the date of enactment of 
the Marine Mammal Protection Act Amendments of 1994, the Sec-
retary of Commerce shall convene a regional workshop for the 
Gulf of Maine to assess human-caused factors affecting the health 
and stability of that marine ecosystem, of which marine mammals 
are a part. The workshop shall be conducted in consultation with 
the Marine Mammal Commission, the adjacent coastal States, 
individuals with expertise in marine mammal biology and ecology, 
representatives from environmental organizations, the 
fishing 
industry, and other appropriate persons. The goal of the workshop 
shall be to identify such factors, and to recommend a program 
of research and management to restore or maintain that marine 
ecosystem and its key components that— 
"(A) protects and encourages marine mammals to develop 
to the greatest extent feasible commensurate with sound poli-
cies of resource management; 
"(B) has as the primary management objective the mainte-
nance of the health and stabihty of the marine ecosystems; 
"(C) ensures the fullest possible range of management 
options for future generations; and 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 561 
"(D) permits nonwasteful, environmentally sound develop-
ment of renewable and nonrenewable resources. 
"(2) On or before December 31,1995, 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 Transportation of the Senate a report containing the 
results of the workshop under this subsection, proposed regulatory 
or research actions, and recommended legislative action. 
"(d)(1) The Secretary of Commerce, in consultation with the 
Secretary of the Interior, the Marine Mammal Commission, the 
State of Alaska, and Alaska Native organizations, shall, net later 
than 180 days after the date of enactment of the Marine Mammal 
Protection Act Amendments of 1994, undertake a scientific research 
program to monitor the health and stability of the Bering Sea 
marine ecosystem and to resolve uncertainties concerning the causes 
of population declines of marine mammals, sea birds, and other 
living resources of that marine ecosystem. The program shall 
address the research recommendations developed by previous work-
shops on Bering Sea living marine resources, and shall include 
research on subsistence uses of such resources and ways to provide 
for the continued opportunity for such uses. 
"(2) To the maximum extent practicable, the research program 
undertaken pursuant to paragraph (1) shall be conducted in Alaska. 
The Secretary of Commerce shall utilize, where appropriate, tradi-
tional local knowledge and may contract with a qualified Alaska 
Native organization to conduct such research. 
"(3) The Secretary of Commerce, the Secretary of the Interior, 
and the Commission shall address the status and findings of the 
research program in their annual reports to Congress required 
by sections 103(f) and 204 of this Act.". 
SEC. 21. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 
Section 308(b) of the Interjurisdictional Fisheries Act of 1986 
(16 U.S.C. 4107(b)) is amended by striking "$2,500,000 for each 
of the fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995" 
and inserting in lieu thereof "$65,000,000 for each of the fiscal 
years 1994 and 1995". 
SEC. 22. COASTAL ECOSYSTEM HEALTH. 
(a) REQUIREMENT TO CONVEY.—Not later than September 30, 
1994, the Secretary of the Navy shall convey, without pa3anent 
or other consideration, to the Secretary of (jommerce, all right, 
title, and interest to the property comprising that portion of the 
Naval Base, Charleston, South Carolina, bounded by Hobson 
Avenue, the Cooper River, the landward extension of the northwest 
side of Pier R, and the fenceline between the buildings known 
as 200 and NS-16. Such property shall include Pier R, the buildings 
known as RTC-1, RTC-4, 200, and 1874, all towers and out-
buildings on that property, and all walkways and parking areas 
associated with such buildings and Pier R. 
(b) SURVEY; EFFECT ON LIABILITY OF SECRETARY OF THE NAVY.— 
The acreage and legal description of the property to be conveyed 
pursuant to this section shall be determined by a survey approved 
by the Secretary of the Navy. Such conveyance shall not release 
the Secretary of the Navy from any liability arising prior to, during, 
or after such conveyance as a result of the ownership or occupation 
of the property by the United States Navy. 
Effective date. 
Reports. 
Alaska. 
South Carolina. 
108 STAT. 562 
PUBLIC LAW 103-238—APR. 30, 1994 
(c) USE BY NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA-
TION.—The property conveyed pursuant to this section shall be 
used by the Secretary of Commerce in support of the operations 
of the National Oceanic and Atmospheric Administration. 
(d) REVERSION RIGHTS.—Conveyance of the property pursuant 
to this section shall be subject to the condition that all right, 
title, and interest in and to the property so conveyed shall imme-
diately be conveyed to the public entity vested with ownership 
of the remainder of the Charleston Naval Base, if and when— 
(1) continued ownership and occupation of the property 
by the National Oceanic and Atmospheric Administration no 
longer is compatible with the comprehensive plan for reuse 
of the Charleston Naval Base developed by the community 
reuse committee and approved by the Secretary of the Navy; 
and 
(2) such public entity provides for relocation of the pro-
grams and personnel of the National Oceanic and Atmospheric 
Administration occupying such property, at no further cost 
to the United States Government, to a comparable facility, 
including adjacent waterfront and pier, within the Charleston 
area. 
SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE. 
Title I (16 U.S.C. 1371 et seq.), as amended by this Act, is 
further amended by adding at the end the following new section: 
16 use 1389. 
"SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE. 
"(a) PINNIPED REMOVAL AUTHORITY.—Notwithstanding any 
other provision of this title, the Secretary may permit the inten-
tional lethal taking of pinnipeds in accordance with this section. 
"(b) APPLICATION.---(1) A State may apply to the Secretary 
to authorize the intentional lethal taking of individually identifiable 
pinnipeds which are having a significant negative impact on the 
decline or recovery of salmonid fishery stocks which— 
"(A) have been listed as threatened species or endangered 
species under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
"(B) the Secretary finds are approaching threatened species 
or endangered species status (as those terms are defined in 
that Act); or 
"(C) migrate through the Ballard Locks at Seattle, 
Washington. 
"(2) Any such application shall include a means of identifying 
the individual pinniped or pinnipeds, and shall include a detailed 
description of the problem interaction and expected benefits of 
the taking. 
"(c) ACTIONS IN RESPONSE TO APPLICATION.—(1) Within 15 days 
of receiving an application, the Secretary shall determine whether 
the application has produced sufficient 
evidence to warrant 
establishing a Pinniped-Fishery Interaction Task Force to address 
Federal 
the situation described in the application. If the Secretary deter-
^^bl^^tion 
mines sufficient evidence has been provided, the Secretary shall 
pu ica ion. 
establish a Pinniped-Fishery Interaction Task Force and publish 
a notice in the Federal Register requesting public comment on 
the application. 
"(2) A Pinniped-Fishery Interaction Task Force established 
under paragraph (1) shall consist of designated employees of the 
Department of Commerce, scientists who are knowledgeable about 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 563 
the pinniped interaction that the apphcation addresses, representa-
tives of affected conservation and fishing community organizations, 
Indian Treaty tribes, the States, and such other organizations as 
the Secretary deems appropriate. 
"(3) Within 60 days after establishment, and after reviewing 
public comments in response to the Federal Register notice under 
paragraph (1), the Pinniped-Fishery Interaction Task Force shall— 
"(A) recommend to the Secretary whether to approve or 
deny the proposed intentional lethal taking of the pinniped 
or pinnipeds, including along with the recommendation a 
description of the specific pinniped individual or individuals, 
the proposed location, time, and method of such taking, criteria 
for evaluating the success of the action, and the duration of 
the intentional lethal tsiking authority; and 
"(B) suggest nonlethal alternatives, if available and prac-
ticable, including a recommended course of action. 
"(4) Within 30 days after receipt of recommendations from 
the Pinniped-Fishery Interaction Task Force, the Secretary shall 
either approve or deny the application. If such apphcation is 
approved, the Secretary shall immediately take steps to implement 
the intentional lethal taking, which shall be performed by Federal 
or State agencies, or qualified individuals under contract to such 
agencies. 
"(5) After implementation of an approved apphcation, the 
Pinniped-Fishery 
Interaction 
Task Force shall evaluate 
the 
effectiveness of the permitted intentional lethal taking or alter-
native actions implemented. If implementation was ineffective in 
eliminating the problem interaction, the Task Force shall rec-
ommend additional actions. If the implementation was effective, 
the Task Force shall so advise the Secretary, and the Secretary 
shall disbsmd the Task Force. 
"(d) CONSIDERATIONS.—In considering whether an application 
should be approved or denied, the Pinniped-Fishery Interaction 
Task Force and the Secretary shall consider— 
"(1) population trends, feeding habits, the location of the 
pinniped interaction, how £md when the interaction occurs, 
and how many individual pinnipeds are involved; 
"(2) past efforts to nonlethally deter such pinnipeds, and 
whether the applicant has demonstrated that no feasible and 
prudent alternatives exist and that the apphcant has taken 
all reasonable nonlethal steps without success; 
"(3) the extent to which such pinnipeds are causing undue 
injury or impact to, or imbalance with, other species in the 
ecosystem, including fish populations; £uid 
"(4) the extent to which such pinnipeds are exhibiting 
behavior that presents an ongoing threat to pubhc safety. 
"(e) LIMITATION.—^The Secretary shall not approve the inten-
tional lethal taking of any pinniped from a species or stock that 
is— 
"(1) listed as a threatened species or endangered species 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.); 
"(2) depleted under this Act; or 
"(3) a strategic stock. 
"(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR SEALS; INVES- 
Washington. 
TIGATION AND REPORT.— 
Oregon. 
108 STAT. 564 
PUBLIC LAW 103-238—APR. 30, 1994 
"(1) The Secretary shall engage in a scientific investigation 
to determine whether California sea lions and Pacific harbor 
seals— 
"(A) are having a significant negative impact on the 
recovery of salmonid fishery stocks which have been listed 
as endangered species or threatened species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
or which the Secretary finds are approaching such endan-
gered species or threatened species status; or 
"(B) are having broader impacts on the coastal 
ecosystems of Washington, Oregon, and California. 
The Secretary shall conclude this investigation and prepare 
a report on its results no later than October 1, 1995. 
"(2) Upon completion of the scientific investigation required 
under paragraph (1), the Secretary shall enter into discussions 
with the Pacific States Marine Fisheries Commission, on behalf 
of the States of Washington, Oregon, and California, for the 
purpose of addressing any issues or problems identified as 
a result of the scientific investigation, and to develop rec-
ommendations to address such issues or problems. Any rec-
ommendations resulting from such discussions shall be submit-
ted, along with the report, to the Committee on Merchant 
Marine and Fisheries of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of 
the Senate. 
"(3) The Secretary shall make the report and the rec-
ommendations submitted under paragraph (2) available to the 
public for review and comment for a period of 90 days. 
"(4) There are authorized to be appropriated to. the Sec-
retary such sums as are necessary to carry out the provisions 
of this subsection. 
"(5) The amounts appropriated under section 308(c) of the 
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(c)) 
and allocated to the Pacific States Marine Fisheries Commission 
may be used by the Commission to participate in discussions 
with the Secretary under paragraph (2). 
"(g) REGiohfwiDE PINNIPED-FISHERY INTERACTION STUDY.— 
"(1) The Secretary may conduct a study, of not less than 
three high predation areas in anadromous fish migration cor-
ridors within the Northwest Region of the National Marine 
Fisheries Service, on the interaction between 
fish 
and 
pinnipeds. In conducting the study, the Secretary shall consult 
with other State and Federal agencies with expertise in 
pinniped-fishery interaction. The study shall evaluate— 
"(A) fish behavior in the presence of predators gen-
erally; 
"(B) holding times and passage rates of anadromous 
fish stocks in areas where such fish are vulnerable to 
predation; 
"(C) whether additional facilities exist, or could be 
reasonably developed, that could improve escapement for 
anadromous fish; and 
"(D) other issues the Secretary considers relevant. 
"(2) Subject to the availability of appropriations, the Sec-
retary may, not later than 18 months after tne commencement 
of the study under this subsection, transmit a report on the 
results of the study to the Committee on Commerce, Science, 
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 565 
and Transportation of the Senate and the Committee on Mer-
chant Marine and Fisheries of the House of Representatives. 
"(3) The study conducted under this subsection may not 
be used by the Secretary as a reason for delaying or deferring 
a determination or consideration under subsection (c) or (d). 
"(h) GULF OF MAINE TASK FORCE.—The Secretary shall estab-
lish a Pinniped-Fishery Interaction Task Force to advise the Sec-
retary on issues or problems regarding pinnipeds interacting in 
a dangerous or damaging manner with aquaculture resources in 
the Gulf of Maine. No later than 2 years from the date of enactment 
of this section, the Secretary shall after notice and opportunity 
for public comment submit to the Committee on Merchant Marine 
and Fisheries of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
containing recommended available alternatives to mitigate such 
interactions. 
"(i) REQUIREMENTS APPLICABLE TO TASK FORCES.—(1) Any task 
force established under this section— 
"(A) shall to the maximum extent practicable, consist of 
an equitable balance among representatives of resource user 
interests and nonuser interests; and 
"(B) shall not be subject to the Federal Advisory Committee 
Act(5App.U.S.C.). 
"(2) Meetings of any task force established under this section Public 
shall be open to the public, and prior notice of those meetings 
^formation. 
shall be given to the public by the task force in a timely fashion, 
"(j) GULF OF MAINE HARBOR PORPOISE.—(1) Nothing in section 
117 shall prevent the Secretary from publishing a stock assessment 
for Gulf of Maine harbor porpoise in an expedited fashion. 
"(2) In developing and implementing a take reduction plan 
under section 118 for Gulf of Maine harbor porpoise, the Secretary 
shall consider all actions already taken to reduce incidental mortal-
ity and serious injury of such stock, and may, based on the rec-
ommendations of the take reduction team for such stock, modify 
the time period required for compliance with section 118(f)(5)(A), 
but in no case may such modification extend the date of compliance 
beyond April 1, 1997.". 
SEC 24. FURTHER TECHNICAL AND CONFORMING AMENDMENTS. 
(a) AMENDMENTS RELATING TO DEFINITION OF SECRETARY.— 
(1) EXECUTION OF PRIOR AMENDMENTS.—The amendments 
16 use 1362 
set forth in section 3004(b) of the Marine Mammal Health 
"o^-
and Stranding Response Act (106 Stat. 5067)— 
(A) are deemed to have been made by that section 
to section 3(12) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1362(12)); and 
(B) shall not be considered to have been made by 
that section to section 3(11) of that Act (16 U.S.C. 1362(11)). 
(2) FURTHER TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 3(12)(B) of the Marine Mammal Protection Act of 1972, 
as deemed by paragraph (1)(A) of this subsection to have been 
amended by section 3004(b) of the Marine Mammal Health 
and Stranding Response Act (106 Stat. 5067), is further amend- 
16 USC 1362. 
ed in subparagraph (B) by striking "in title III" and inserting 
"in section 118 and title IV". 
(b) MARINE MAMMAL HEALTH AND STRANDING RESPONSE.—The 
Act (16 U.S.C. 1361 et seq.) is amended— 
108 STAT. 566 
PUBLIC LAW 103-238—APR. 30, 1994 
16 u s e 1421 et 
seq. 
16 u s e 1421. 
16 u s e 1421d. 
16 u s e 1421e. 
16 u s e 1421g. 
16 u s e 1421h. 
16 u s e 1362 
note. 
(1) by redesignating title III, as added by Public Law 
102-587 (106 Stat. 5060), as title IV; and 
(2) by redesignating the sections of that title (16 U.S.C. 
1421 through 142 Ih) as sections 401 through 409, respectively. 
(c) FURTHER AMENDMENTS TO TITLE IV.—The Act (16 U.S.C. 
1361 et seq.) is amended— 
(1) in section 401(b)(3) (as redesignated by this section) 
by striking "304" and inserting "404"; 
(2) in section 405(b)(l)(A)(i) (as redesignated by this section) 
by striking "304(b)" and inserting "404(b)"; 
(3) in section 406(a)(2)(A) (as redesignated by this section) 
by striking "304(b)" and inserting "404(b)"; 
(4) in section 406(a)(2)(B) (as redesignated by this section) 
by striking "304(c)" and inserting "404(c)"; 
(5) in section 408(1) (as redesignated by this section)— 
(A) by striking "305" and inserting "405", and 
(B) by striking "307" and inserting "407"; 
(6) in section 408(2) (as redesignated by this section) by 
striking "307" and inserting "407"; 
(7) in section 409(1) (as redesignated by this section) by 
striking "305(a)" and inserting "405(a)"; 
(8) in section 409(5) (as redesignated by this section) by 
striking "307(a)" and inserting "407(a)"; 
(9) in section 102(a) (16 U.S.C. 1372(a)) by striking "title 
III" and inserting "title IV"; 
(10) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by striking 
"title III" and inserting "title IV"; 
(11) in section 112(c) (16 U.S.C. 1382(c)) by striking "or 
title III" and inserting "or title IV"; and 
(12) in the table of contents in the first section, by striking 
the items relating to the title that is redesignated by subsection 
(b) of this section smd the sections that are redesignated by 
subsection (b) of this section and inserting the following: 
T I T L E IV—MARINE MAMMAL HEALTH AND STRANDING RESPONSE 
"Sec. 401. Establishment of program. 
"Sec. 402. Determination; data collection and dissemination. 
"Sec. 403. Stranding response agreements. 
"Sec. 404. Unusual mortality event response. 
"Sec. 405. Unusual mortality event activity funding. 
"Sec. 406. Liability. 
"Sec. 407. National Marine Mammal Tissue Bemk and tissue analjrsis. 
"Sec. 408. Authorization of appropriations. 
"Sec. 409. Definitions.". 
(d) CLERICAL AMENDMENTS.—The portion of the table of con-
tents in the first section of the Act relating to title I is amended 
by adding at the end the following new items: 
"Sec. 117. Stock assessments. 
"Sec. 118. Taking of marine mammals incidental to commercial fishing operations. 
"Sec. 119. Marine mammal cooperative agreements in Alaska. 
"Sec. 120. Pacific Coast Task Force; Gulf of Maine.". 
(e) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall be effective as if enacted as part of section 3004 of the 
Marine Mammal Health and Stranding Response Act (106 Stat. 
5067). 
SEC. 25. TRANSFER. 
Of amounts appropriated by Public Law 103-139 to the Depart-
ment of the Navy for Shipbuilding and Conversion, Navy, the Sec-
PUBLIC LAW 103-238—APR. 30, 1994 
108 STAT. 567 
retary of the Navy shall transfer $8,000,000 not later than May 
15, 1994, to the Administrator of the Maritime Administration 
for the conversion of the USNS CHAUVENET to a training ship 
for the Texas Maritime Academy^s Training Program. 
Approved April 80, 1994. 
LEGISLATIVE HISTORY—S. 1636 (H.R. 2760): 
HOUSE REPORTS: No. 103-439 accompanying H.R. 2760 (Comm. on Merchant 
Marine and Fisheries). 
SENATE REPORTS: No. 103-220 (Comm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Mar. 21, considered and passed Senate. H.R. 2760 considered and passed House. 
Mar. 22, S. 1636 considered and passed House, amended. 
Mar. 24, Senate concurred in House amendment with an amendment. 
Apr. 26, House concurred in Senate amendment with an amendment. Senate 
concurred in House amendment.