Marine Mammal Protection Act Amendments of 1988
PL 100-711 (H.R.4189), enacted 11/23/1988

PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4755 
Public Law 100-711 
100th Congress 
An Act 
To authorize appropriations to carry out the Marine Mammal Protection Act of 1972 
for fiscal years 1989 through 1993. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. That this Act may be cited as the "Marine Mammal 
Protection Act Amendments of 1988". 
INTERIM COMMERCIAL FISHERY EXEMPTION 
SEC. 2. (a) The Marine Mammal Protection Act of 1972 (16 U.S.C. 
1361 et seq.) is amended— 
(1) by redesignating section 114 as section 116; and 
(2) by inserting immediately after section 113 the following 
new section: 
Nov. 23, 1988 
[H.R. 4189] 
Marine Mammal 
Protection Act 
Amendments of 
1988. 
16 u s e 1361 
note. 
16 u s e 1384 
note. 
INTERIM EXEMPTION FOR COMMERCIAL FISHERIES 
"SEC. 114. (aXl) During the period beginning on the date of 
enactment of this section and ending October 1, 1993, except as 
provided in paragraph (2), the provisions of this section, rather than 
sections 101, 103, and 104, shall govern the incidental taking of 
marine mammals in the course of commercial fishing operations by 
persons using vessels of the United States and vessels which have 
valid fishing permits issued by the Secretary in accordance with 
section 204(b) of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1824(b)). In any event it shall be the immediate 
goal that the incidental kill or serious injury of marine mammals 
permitted in the course of commercial fishing operations be reduced 
to insignificant levels approaching a zero mortality and serious 
injury rate. 
"(2) The provisions of this section other than subsection (eX6XA) 
shall not govern the incidental taking of marine mammals in the 
course of commercial yellowfin tuna fishing subject to section 
104(hX2) of this title. 
"Ot)Xl) The Secretary shall, after consultation with the Marine 
Mammal Commission— 
"(A) publish in the Federal Register, for public comment, not 
later than sixty days after the date of enactment of this section 
a proposed list of those fisheries, along with a statement of the 
marine mammals and the approximate number of vessels or 
persons involved in each such fishery, that have— 
"(i) frequent incidental taking of marine mammals; 
"(ii) occasional incidental taking of marine mammals; or 
"(iii) a remote likelihood of or no known incidental taking 
of marine mammals; 
"(B) publish in the Federal Register not later than one hun-
dred and twenty days after the date of enactment of this section 
a final list of the fisheries and other information required by 
Business and 
industry. 
16 u s e 1383a. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
102 STAT. 4756 
PUBLIC LAW 100-711—NOV. 23, 1988 
paragraph (A), together with a summary of the provisions of 
this section and information sufficient to advise vessel owners 
on how to obtain an exemption and otherwise comply with the 
requirements of this section; and 
Federal 
"(Q at least once each year thereafter, and at such other 
Register, 
times as the Secretary considers appropriate, reexamine, based 
publication. 
^
^
^ information gathered from the program established under 
subsections (c), (d), (e), and (f), and other relevant sources and 
after notice and opportunity for public comment, the classifica-
tion of fisheries and other determinations required under 
subparagraph (A) and publish in the Federal Roister any 
necessary changes. 
"(2XA) An exemption shall be granted by the Secretary in accord-
ance with this section for a vessel engaged in a fishery identified 
under paragraph (IXA) (i) or (ii), upon receipt by the Secretary of a 
completed r^istration form providing the name of the vessel owner, 
the name and description of the vessel, the fisheries in which it will 
be engaged, and such other information as the Secretary considers 
necessary. A decal or other physical evidence that the exemption is 
current and valid shall be issued by the Secretary at the time an 
exemption is granted, and so long as the exemption remains current 
and valid, shall be reissued annually thereafter. 
"(B) No exemption 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 (Con-
servation and Management Act (16 U.S.C. 1824(b)). 
"(CD Notwithstanding any other provision of this title, exemptions 
granted under this section shall authorize the incidental takii^ of 
marine mammals, other than (California sea otters, from any species 
or stock, including a population stock designated as depleted, but 
shall not authorize the intentional letiial taking of any Steller sea 
lion, any cetacean, or any marine m^imnala from a population stock 
designated as depleted. 
"(3XA) B^inning two hundred and forty days after the date of 
enactment of this section, each owner of a vessel engaged in any 
fishery identified under paragraph (IXA) (i) or (ii) shall, in order to 
engage lawfully in that fishery— 
"(i) have roistered witii the Secretary in order to obtain for 
each such vessel owned an exemption for the purpose of inciden-
tally taking marine mammals in accordance with this section; 
"(ii) ensure that a decal or such other physical evidence of a 
current and valid exemption as the Secretary may require is 
displayed on or is in the possession of the master of each such 
vessel; and 
"(iii) report as required by subsection (c). 
"(B) Any owner of a vessel receiving an exemption under this 
section for any fishery identified under paragraph (IXAXi) shall, as a 
condition of that exemption, take on board a natural resource 
observer if requested to do so by tibe Secretary. 
"(Q An owner of a vessel engaged in a fishery identified under 
paragraph (IXA) (i) or (ii) who— 
"(i) fails to obtain 
fi:x>m 
the Secretary an exemption under this 
section; 
"(ii) fails to maintain a current and valid exemption; or 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4757 
"(iii) fails to ensure that a decal or other physical evidence of 
such exemption 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 shall be subject to the 
penalties of this title except in the C£ise of unknowing violations 
before January 1,1990. 
"(D) If the owner of a vessel has obtained and maintains a current 
and valid exemption from the Secretary under this section and 
meets the requirements set forth in this section, the owner of such 
vessel, and the master and crew members of the vessel, shall not be 
subject to the penalties set forth in this title for the incidental 
taking of marine mammals while such vessel is engaged in a fishery 
to which the exemption applies. 
"(E) Each owner of a vessel engaged in any fishery not identified 
in paragraph (IXA) (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 such form and manner as the Secretary 
may require, instances of lethal incidental taking in the course of 
that fishery. 
"(4) The Secretary shall suspend or revoke an exemption granted 
under this section and shall not issue a decal or other physical 
evidence of the exemption for any vessel until the owner of such 
vessel complies with the reporting requirements under subsection (c) 
and such requirements to take on board a natural resource observer 
under paragraph (3XB) as are applicable to such vessel. 
"(5)(A) The Secretary shall develop, in consultation with the 
appropriate States, Regional Fishery Management Councils, and 
other interested parties, the means by which the granting and 
administration of exemptions 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 circulation, 
fishery trade associations, electronic media, and other means of 
advising commercial fishermen of the provisions of this section and 
the means by which they can comply with its requirements. 
"(C) The Secretary is authorized to charge a fee for the granting of 
an exemption under this subsection. The level of fees charged under 
this subparagraph shall not exceed the administrative costs in-
curred in granting an exemption. Fees collected under this subpara-
graph shall be available to the Under Secretary of Commerce for 
Oceans and Atmosphere for expenses incurred in the granting and 
administration of exemptions under this section. 
"(c) The owner of each vessel holding an exemption granted under 
subsection (b) of this section shall regularly compile information 
which shall be used in a report to be submitted to the Secretary at 
the close of the fishing season or annually, as the Secretary may 
P
rescribe. Such report shall be submitted in such form as the 
ecretary may require and shall include the following: 
"(1) the type of fishery engaged in by the owner's vessel; 
"(2) the date and approximate time of any incidental taking of 
a marine mammal, together with the area in which the inciden-
tal taking occurred, the fishing gear used at the time of the 
incidental taking, and the species of fish involved; and 
i; 
"(3) for each incidental taking, the number and species of 
marine m£unmals involved, whether the marine mammals were 
Communications 
and telecom-
munications. 
Reports. 
102 STAT. 4758 
PUBLIC LAW 100-711—NOV. 23, 1988 
deterred from gear or catch, incidentally injured, incidentally 
killed, or lethally removed to protect gear, catch, or human life. 
If there was no incidental taking of marine mammals during the 
reporting period, a report stating that fact shall be filed with the 
Secretary. 
"(dXD The Secretary shall establish a program to enhance the 
quality of and verify information received from reports submitted by 
owners of vessels who have been granted an exemption under 
subsection (b) of this section. The program shall include, but not be 
limited to— 
"(A) education efforts regarding the information that must be 
submitted; 
"(B) interviews with fishermen; and 
"(C) other such information gathering and verification activi-
ties that will enable the Secretary to determine reliably the 
nature, type, and extent of the incidental taking of marine 
mammals that occurs in a fishery. 
Except to the extent authorized by the provisions of subsection (e), 
the program shall not include placement of observers aboard 
exempted vessels. 
Classified 
"(2) Information obtained under this subsection shall be subject to 
information. 
the Confidentiality provisions of subsection 0)-
"(eXD For each fishery identified under subsection (bXlXAXi) of 
this section, the Secretary shall, after consultation with the appro-
priate Regional Fishery Management Councils, other Federal and 
State agencies, and other interested parties, and subject to para-
graph (6), place observers on board exempted vessels so as to mon-
itor not less than 20 percent nor more than 35 percent of the fishing 
operations by vessels in the fishery to obtain statistically reliable 
information on the species and number of marine mammals inciden-
tally taken in the fishery. If the Secretary determines that fewer 
than 20 percent of the fishing operations by vessels in the fishery 
will be monitored during the course of the fishing season, the 
Secretary shall implement the alternative observation program de-
scribed in subsection (f) to the extent necessary to supplement the 
observer program described in this subsection. 
"(2) When determining the distribution of observers among fish-
eries and between vessels in a particular fishery, the Secretary shall 
be guided by the following standards: 
"(A) the requirement to obtain the best scientific information 
available; 
"(B) the requirement that assignment of observers is fair and 
equitable among fisheries and among vessels in a fishery; 
"(C) consistent with paragraph (1), the requirement that no 
individual person or vessel, or group of persons or vessels, be 
subject to excessive or overly burdensome observer coverage; 
and 
"(D) where practicable, the need to minimize costs and avoid 
duplication. 
"(3) If the Secretary finds that, for reasons beyond his or her 
control, the Secretary cannot assign observers to all the fisheries 
identified under subsection Ot)XlXAXi) of this section at the level of 
observer coverage set forth in paragraph (1), the Secretary shall 
allocate available observers among such fisheries, consistent with 
paragraph (2), according to the following priority: 
"(A) those fisheries that incidentally take marine mammals 
from any population stock designated as depleted; 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4759 
"(B) those fisheries that incidentally take marine mammals 
from population stocks that the Secretary believes are 
declinin^^ 
"(Q those fisheries other than those described in subpara-
graphs (A) and (B) in which the greatest incidental take of 
marine mammals occur; and 
"(D) any other fishery identified under subsection (bXlXAXi)-
The Seoetaiy may, with the consent of the vessel owner, station an 
observer on board a vessel engaged in a fishery not identified under 
subsection (bXlXAXi)-
"(4) Information gathered by observers shall be subject to the 
provisions of subsection (j). Consistent with the requirements of 
paragraph (1), the Secretary shall, if requested by the Appropriate 
R^onal Fishery Management Council, or in the case of a State 
fisheiy, the State, require observers to collect sulditional informa-
tion, including but not limited to the quantities, species, and phys-
ical condition of target and non-target fishery resources and, if 
requested by the Secretary of the Interior, seabircb. 
'(5) Notwithstanding the provisions of paragraph (4), the 
Secretary may decline to require observers to collect information 
described in such paragraph, if the Secretary finds in writing, 
following public notice and opportunity for comment, that such 
information will not contribute to the protection of marine mam-
mals or the understanding of the marine ecosystem, including fish-
ery resources and seabirds. 
"(6) The Secretary shall not be required to place an observer on a 
vessel in a fishery if the Secretary finds that— 
"(A) in a situation where harvesting vessels are delivering 
fish to a processing vessel and the catch is not taken on board 
the harvesting vessel, statistically reliable information can be 
obtained firom an observer on board the processing vessel to 
which the fish are delivered; 
"(B) the facilities of a vessel for the quartering of an observer, 
or for canning out observer fiinctions, are so inadequate or 
unsafe that the hi^th or safety of the observer or the safe 
operation of the vessel would be jeopardized; or 
"(Q for reasons beyond the control of the Secretary, an 
observer is not available. 
"(7XA) An observer on a vessel (or the observer's personal rep-
resentative) under the requirements of this section or section 104 
that is ill, disabled, injured, or killed from service as an observer on 
that vessel may not bring a civil action under any law of the United 
States for that illness, disability, injury, or death against the vessel 
or vessel owner, except that a civil action may be brought against 
the vessel owner for the owner's willful misconduct. 
"(B) This paragraph does not apply if the observer is engaged by 
the owner, master, or individual in chaige of a vessel to perform any 
duties in service to the vessel. 
"(8) There are authorized to be appropriated to the Department of 
Commerce for the purposes of carrying out this subsection not to 
exceed $2,700,000 for fiscal year 1989 and not to exceed $8,000,000 
for each of the fiscal years 1990,1991,1992, and 1993. 
"(fXD The Secretary shall establish an alternative observation 
program to provide statistically reliable information on the species 
and number of marine mammals incidentally taken in those fish-
eries identified pursuant to subsection (bXlXAXi) of this section for 
which the required level of observer coverage has not been met or 
Birds. 
Appropriation 
authorization. 
102 STAT. 4760 
PUBLIC LAW 100-711—NOV. 23, 1988 
for any other fisheries about which such reliable information is not 
otherwise available. The alternative program shall include, but not 
be limited to, direct observation of fishing activities from vessels, 
airplanes, or points on shore. 
"(2) Individuals engaged in the alternative observation program 
shall collect scientific information on the fisheries subject to 
observation, consistent with the requirements of paragraph (1) and 
subsection (e) (4) and (5). All information collected shall be subject to 
the provisions of subsection (j)-
"(gXD The Secretary shall review information regarding the 
incidental taking of marine mammals and evaluate the effects of 
such incidental taking on the affected population stocks of marine 
mammals. 
Regulations. 
"(2) If the Secretary finds, based on the information received from 
the programs established under subsections (c), (d), (e), and (f), that 
the incidental taking of marine mammals in a fishery is having an 
immediate and significant adverse impact on a marine mammal 
population stock or, in the case of Steller sea lions and North Pacific 
fur seals, that more than 1,350 and 50, respectively, will be inciden-
tally killed during a calendar year, the Secretary shall consult with 
appropriate Regional Fishery Management Councils and State fish-
ery managers and prescribe emergency regulations to prevent to the 
maximum extent practicable any further taking. Any emergency 
regulations prescribed under this paragraph— 
"(A) shall, to the maximum extent practicable, avoid interfer-
ing with existing State or regional fishery management plans; 
"(B) shall be published in the Federal Register together with 
the reasons therefor; 
"(C) shall remain in effect for not more than one hundred and 
eighty days or until the end of the fishing season, whichever is 
earlier; and 
"(D) may be terminated by the Secretary at an earlier date by 
publication in the Federal Register of a notice of termination if 
the Secretary determines the reasons for the emergency regula-
tions no longer exist. 
In prescribing emergency regulations under this paragraph, the 
Secretary shall take into account the economics of the fishery 
concerned and the availability of existing technology to prevent or 
minimize incidental taking of marine mammals. 
State and local 
"(3) If the Secretary finds, based on information received from the 
governments. 
programs established under subsections (c), (d), (e), and (f), that 
incidental taking of marine mammals in a fishery is not having an 
immediate and significant adverse impact on a marine mammal 
population stock but that it will likely have a significant adverse 
impact over a period of time longer than one year, the Secretary 
shall request the appropriate Regional Fishery Management Coun-
cil or State to initiate, recommend, or take such action within its 
authority as it considers necessary to mitigate the adverse impacts, 
including adjustments to requirements on fishing times or areas or 
the imposition of restrictions on the use of vessels or gear. 
"(4) The Secretary shall impose appropriate conditions and 
restrictions on an exemption granted under subsection (b) if— 
"(A) a Regional Fishery Management Council or State does 
not act in a reasonable period of time on a request made by the 
Secretary under paragraph (3); or 
Federal 
Register, 
publication. 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4761 
"(B) if the Secretary determines after notice and opportunity 
for public comment that the purposes of this section would be 
better served by such action. 
"(h) The Secretary shall design and implement an information 
management system capable of processing and analyzing reports 
receii^ from the programs established under subsections (c), (d), (e), 
and (f), and other relevant sources, including Federal and State 
enforcement authorities, marine mammal stranding networks, and 
the marine mammal researchers. The information shall be made 
accessible to the public on a continuing basis, but in any case no 
later than six months after it is received, subject to the provisions of 
subsection (j). 
"(i) When carrying out the Secretary's responsibilities under 
subsections (b), (d), (e), (f), and (h) of this section, the Secretary shall, 
to the maximum extent practicable, utilize the services and pro-
grams of State agencies. Federal agencies (including programs estab-
lished by R^onal Fishery Management Councils), marine fisheries 
commissions, universities, and private entities, on a reimbursable 
basis or otherwise. The Secretary is authorized to enter into con-
tracts and agreements to carry out his or her responsibiUties and 
shaU establi^ appropriate guidelines to ensure that other programs 
used or contracted for will meet the same standards as a program 
established by the Secretary. A person contracting with the Sec-
retary to provide observer services under subsection (e) of this 
section must provide evidence of financial responsibility in an 
amount and form prescribed by the Secretary to compensate 
employees (or their survivors) adequately for any illness, disability, 
injury, or death from service on a vessel. 
"(jXl) Any information collected under subsection (c), (d), (e), (f), or 
(h) of this section shall be confidential and shall not be disclosed 
except— 
"(A) to Federal employees whose duties require access to such 
information; 
"(B) to State employees pursuant to an agreement with the 
Secretary that prevents public disclosure of the identity or 
business of any person; 
"(CJ) when required by court order; or 
"(D) in the case of scientific information involving fisheries, to 
employees of R^onal Fishery Management Councils who are 
responsible for fishery management plan development and 
monitoring. 
"(2) The Secretary shall prescribe such procedures as may be 
necessary to preserve such confidentiality, except that the Secretary 
shaU release or make public any such information in aggr^ate, 
summary, or other form which does not directly or indirectly dis-
close the identity or business of any person. 
"(k) The Secretary, in consultation witli any other Federal agency 
to the extent that such agency may be affected, shall prescribe such 
r^ulations as necessary and appropriate to carry out the purposes 
of this section. 
"GXD The Chairman of the Marine Mammal Commission shall, 
after consultation with interested parties and not later than Feb-
ruary 1, 1990, transmit to the Secretary and make available to the 
public reconmiended guidelines to govern the incidental taking of 
marine mammals in the course of commercial fishing operations, 
otiier than those subject to section 104(hX2), after Gk;tober 1, 1993. 
Public 
information. 
Contracts. 
Classified 
information. 
Public 
information. 
Regulations. 
Public 
information. 
102 STAT. 4762 
PUBLIC LAW 100-711—NOV. 23, 1988 
Such guidelines shall be developed by the Commission and its 
Committee of Scientific Advisers on Marine Mammals and shall— 
"(A) be designed to provide a scientific rationale and basis for 
determining how many marine mammals may be incidentally 
taken under a regime to be adopted to govern such taking after 
October 1,1993; 
"(B) be based on sound principles of wildlife management, and 
be consistent with and in furtherance of the purposes and 
policies set forth in this Act; and 
"(C) to the maximum extent practicable, include as factors to 
be considered and utilized in determining permissible levels of 
such taking— 
"(i) the status and trends of the affected marine mammal 
population stocks; 
"(ii) the abundance and annual net recruitment of such 
stocks; 
"(iii) the level of confidence in the knowledge of the 
affected stocks; and 
"(iv) the extent to which incidental taking will likely 
cause or contribute to their decline or prevent their recov-
ery to optimum sustainable population levels. 
"(2) The Secretary shall advise the Chairman of the Commission 
in writing if the Secretary determines that any additional informa-
tion or explanation of the Chairman's recommendations is needed, 
and the Chairman sheill respond in writing to any such request by 
the Secretary. 
Federal 
"(3) On or before February 1, 1991, the Secretary, after consulta-
^®S|ster, 
tion with the Marine Mammal Commission, Regional Fishery 
publication. 
Management Councils, and other interested governmental and non-
governmental organizations, shall publish in the Federal Register, 
for public comment, the suggested regime that the Secretary consid-
ers should, if authorized by enactment of any additional legislation, 
govern incidental taking of marine mammals, other than those 
subject to section 104(h)(2), after October 1, 1993. The suggested 
regime shall include— 
"(A) the scientific guidelines to be used in determining 
permissible levels of incidental taking; 
"(B) a description of the arrangements for consultation and 
cooperation with other Federal £igencies, the appropriate Re-
gional Fishery Management Councils and States, the commer-
cial fishing industry, and conservation organizations; and 
"(C) a summary of such regulations and legislation as would 
be necessary to implement the suggested regime. 
"(4) On or before January 1, 1992, the Secretary, after consulta-
tion with the Marine Mammal Commission, and consideration of 
public comment, shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Merchant Marine and Fisheries of the House of Representatives 
recommendations pertaining to the incidental taking of marine 
mammals, other than those subject to section 104(hX2), after 
October 1,1993. The recommendations shall include— 
"(A) the suggested regime developed under paragraph (3) of 
this subsection as modified after comment and consultations; 
"(B) a proposed schedule for implementing the suggested 
regime; and 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4763 
"(C) such recommendations for additional legislation as the 
Secretary considers necessary or desirable to implement the 
suggested regime. 
"(m) 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. 
"(n) For the purposes of this section, the owner of fixed or other 
commercial fishing gear that is deployed with or without the use of 
a vessel shall be deemed to be an owner of a vessel engaged in the 
fishery in which that gear is deployed. 
"(o) As used in this section— 
"(1) the term 'fishery' has the same meaning as it does in 
section 3(8) of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1802(8)). 
"(2) the term 'Secretary' means the Secretary of Commerce. 
"(3) the term 'vessel engaged in a fishery' means a fishing 
vessel as defined in section 2101(1 la) of title 46, United States 
Code, or a fish processing vessel as defined in section 2101(1 lb) 
of that title, which is engaged in fishery. 
"(4) the term 'vessel of the United States' has the same 
meaning as it does in section 3(27) of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1802(27)).". 
(b) Section 102(a) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1372(a)) is amended by striking "and 113" and inserting in 
lieu thereof the following: "113, and 1 U . 
(c) The table of contents contained in the first section of the 
Marine Mammal Protection Act of 1972 is amended by striking: 
"Sec. 114. Authorization of Appropriations." 
and inserting in lieu thereof the following: 
"Sec. 114. Interim Exemption for Commercial Fisheries. 
"Sec. 115. Status Review; Conservation Plans. 
"Sec. 116. Authorization of Appropriations.". 
STATUS REVIEW 
SEC. 3. (a) The Marine Mammal Protection Act of 1972 (16 U.S.C. 
1361 et seq.) is amended by inserting immediately after section 114, 
as added by section 2 of this Act, the following new section: 
"STATUS REVIEW; CONSERVATION PLANS 
"SEC. 115. (aXD In any action by the Secretary to determine if a 
le USC 1383b. 
species or stock should be designated as depleted, or should no 
longer be designated as depleted, regardless of whether such action 
is taken on the initiative of the Secretary or in response to a petition 
for a status review, the Secretary shall only make such a determina-
tion by issuance of a rule, after notice and opportunity for public 
comment and after a call for information in accordance with para-
graph (2). 
"(2) The Secretary shall make any determination described in 
paragraph (1) solely on the basis of the best scientific information 
available. Prior to the issuance of a proposed rule concerning any 
Federal 
such determination, the Secretary shall publish in the Federal 
Register, 
Register a call to assist the Secretary in obtaining scientific informa- 
publication. 
tion from individuals and organizations concerned with the con-
102 STAT. 4764 
PUBLIC LAW 100-711—NOV. 23, 1988 
Federal 
Register, 
publication. 
Public 
information. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
servation of marine mammals, from persons in any industry which 
might be affected by the determination, and from academic institu-
tions. In addition, the Secretary shall utilize, to the extent the 
Secretary determines to be feasible, informal working groups of 
interested parties and other methods to gather the necessary 
information. 
"(3XA) If the Secretary receives a petition for a status review as 
described in paragraph (1), the Secretary shall publish a notice in 
the Federal Register that such a petition has been received and is 
available for public review. 
"(B) Within sixty days after receipt of the petition, the Secretary 
shall publish a finding in the Federal Register as to whether the 
petition presents substantial information indicating that the peti-
tioned action may be warranted. 
"(C) If the Secretary makes a positive finding under subparagraph 
(B), the Secretary shall include in the Federal Register notice, a 
finding that— 
"(i) a review of the status of the species or stock will be 
commenced promptly; or 
"(ii) a prompt review of the petition is precluded by other 
pending status determination petitions and that expeditious 
progress is being made to process pending status determination 
petitions under this title. 
In no case after making a finding under this subparagraph shall the 
Secretary delay commencing a review of the status of a species or 
stock for more than one hundred and twenty days after receipt of 
the petition. 
"(D) No later than two hundred and ten days after the receipt of 
the petition, the Secretary shall publish in the Federal Register a 
proposed rule as to the status of the species or stock, along with the 
reasons underlying the proposed status determination. Persons shall 
have at least sixty days to submit comments on such a proposed 
rule, 
"(E) Not later than ninety days after the close of the comment 
period on a proposed rule issued under subparagraph (D), the Sec-
retary shall issue a final rule on the status of the species or stock 
involved, along with the reasons for the status determination. If the 
Secretary finds with respect to such a proposed rule that there is 
substantial disagreement regarding the sufficiency or accuracy of 
the available information relevant to a status determination, the 
Secretary may delay the issuance of a final rule for a period of not 
more than six months for purposes of soliciting additional 
information. 
"(F) Notwithstanding subparagraphs (D) and (E) of this paragraph 
and section 553 of title 5, United States Code, the Secretary may 
issue a final rule as to the status of a species or stock any time sixty 
or more days after a positive finding under subparagraph (B) if the 
Secretary determines there is substantial information available to 
warrant such final status determination and further delay would 
pose a significant risk to the well-being of any species or stock. 
Along with the final rule, the Secretary shall publish in the Federal 
Register detailed reasons for the expedited determination. 
"(b)(1) The Secretary shall prepare conservation plans— 
"(A) By December 31,1989, for North Pacific fur seals; 
"(B) by December 31, 1990, for Steller sea lions; and 
"(C) as soon as possible, for any species or stock designated as 
depleted under this title, except that a conservation plan need 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4765 
not be prepared if the Secretary determines that it will not 
promote the conservation of the species or stock. 
"(2) Each plan shall have the purpose of conserving and restoring 
the species or stock to its optimum sustainable population. The 
Secretary shall model such plans on recovery plans required under 
section 4(0 of the Endangered Species Act of 1973 (16 U.S.C. 1533(0). 
"(3) The Secretary shall act expeditiously to implement each 
conservation plan prepared under paragraph (1). Each year, the 
Secretary shall specify in the annual report prepared under section 
103(0 of this title what measures have been taken to prepare and 
implement such plans.". 
TAKING OF PORPOISE IN TUNA FISHERY 
SEC. 4. (a) Section 101(aX2) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1371(aX2)) is amended— 
(1) in subparagraph (A), by striking "and" at the end; 
(2) in subparagraph (B)— 
(A) in clause (ii), by striking the period at the end and 
inserting in lieu thereof a comma; and 
(B) by adding at the end, flush with the margin, the 
following: 
"except that the Secretary shall not find that the regu-
latory program, or the average rate of incidental taking by 
vessels, of a harvesting nation is comparable to that of the 
United States for purposes of clause (i) or (ii) of this para-
graph unless— 
"(I) the regulatory program of the harvesting nation 
includes, by no later than the beginning of the 1990 
fishing season, such prohibitions against encircling 
pure schools of species of marine mammals, conducting 
sundown sets, and other activities as are made ap-
plicable to United States vessels; 
"(II) the average rate of the incidental taking by 
vessels of the harvesting nation is no more than 2.0 
times that of United States vessels during the same 
period by the end of the 1989 fishing season and no 
more than 1.25 times that of United States vessels 
during the same period by the end of the 1990 fishing 
season and thereafter; 
"(III) the total number of eastern spinner dolphin 
(Stenella longirostris) incidentally taken by vessels of 
the harvesting nation during the 1989 and subsequent 
fishing seasons does not exceed 15 percent of the total 
number of all marine mammals incidentally taken by 
such vessels in such year and the total number of 
coastal spotted dolphin (Stenella attenuata) inciden-
tally taken by such vessels in such seasons does not 
exceed 2 percent of the total number of all marine 
mammals incidentally taken by such vessels in such 
year; 
"(IV) the rate of incidental taking of marine mam-
mals by the vessels of the harvesting nation during the 
1989 and subsequent fishing seasons is monitored by 
the porpoise mortality observer program of the Inter-
American Tropical Tuna Commission or an equivalent 
international program in which the United States 
Business and 
industry. 
Commerce and 
trade. 
102 STAT. 4766 
PUBLIC LAW 100-711—NOV. 23, 1988 
participates and is based upon observer coverage that is 
equal to that achieved for United States vessels during 
the same period, except that the Secretary may ap-
prove an alternative observer program if the Secretary 
determines, no less than sixty days after publication in 
the Federal Register of the Secretary's proposal and 
resisons therefor, that such an alternative observer 
program will provide sufficiently reliable documentary 
evidence of the average rate of incidental taking by a 
harvesting nation; and 
"(V) the harvesting nation complies with all reason-
able requests by the Secretary for cooperation in carry-
ing out the scientific research program required by 
section 104(h)(3) of this title;"; and 
(3) by adding at the end the following new subparagraphs: 
Exports. 
"(C) shall require the government of any intermediary nation 
Imports. 
from which yellowfin tuna or tuna products will be exported to 
the United States to certify and provide reasonable proof that it 
has acted to prohibit the importation of such tuna and tuna 
products from any nation from which direct export to the 
United States of such tuna and tuna products is banned under 
this section within sixty days following the effective date of such 
ban on importation to the United States; and 
"(D) shall, six months after importation of yellowfin tuna or 
tuna products has been banned under this section, certify such 
fact to the President, which certification shall be deemed to be a 
certification for the purposes of section 8(a) of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1978(a)) for as long as such ban 
is in effect.", 
(b) Paragraph (2) of section 108(a) of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1378(a)) is amended to read as follows: 
"(2) initiate— 
"(A) negotiations as soon as possible with all foreign 
governments which are engaged in, or which have persons 
or companies engaged in, commercial fishing operations 
which are found by the Secretary to be unduly harmful to 
any species or population stock of marine mammal, for the 
purpose of entering into bilateral and multilateral treaties 
with such countries to protect marine mammals, with the 
Secretary of State to prepare a draft agenda relating to this 
matter for discussion at appropriate international meetings 
and forums; and 
Conservation. 
"(B) discussions with foreign governments whose vessels 
harvest yellowfin tuna with purse seines in the eastern 
tropical Pacific Ocean, for the purpose of concluding, 
through the Inter-American Tropical 'Tuna Commission or 
such other bilateral or multilateral institutions as may be 
appropriate, international arrangements for the conserva-
tion of marine mammals taken incidentally in the course of 
harvesting such tuna, which should include provisions for 
(i) cooperative research into alternative methods of locating 
and catching yellowfin tuna which do not involve the 
taking of marine mammals, (ii) cooperative research on the 
status of affected marine mammal population stocks, (iii) 
reliable monitoring of the number, rate, and species of 
marine mammals taken by vessels of harvesting nations, 
(iv) limitations on incidental take levels based upon the best 
Imports. 
International 
agreements. 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4767 
scientific information available, and (v) the use of the best 
marine mammal safety techniques and equipment that are 
economically and technologically practicable to reduce the 
incidental kill and serious injury of marine mammals to 
insignificant levels approaching a zero mortality and seri-
ous injury rate;". 
(c) Section 108 of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1378) is amended by adding at the end the following new 
subsection: 
"(c) The Secretary shall include a description of the annual results 
of discussions initiated and conducted pursuant to subsection 
(aX2XB), as well as any proposals for further action to achieve the 
purposes of that subsection, in the report required under section 
103(f) of this title.". 
(d) Section 104(hX2)(B) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1374(hX2XB)) is amended by adding at the end the 
following new clauses: 
"(iv) The Secretary shall, by January 1, 1989, prescribe regu- 
Regulations. 
lations to ensure that the backdown procedure during sets of 
the purse seine net on marine mammals is completed and 
rolling of the net to sack up has begun no later than thirty 
minutes after sundown. The Secretary may waive or otherwise 
modify such regulations for— 
"(I) a designated certificate holder on an observed trip if 
the Secretary determines, based on observer reports, that 
such restriction is not necessary because the certificate 
holder has consistently utilized fishing techniques and 
equipment so as to result in an incidental marine mammal 
mortality rate during sundown sets that is no higher than 
the average such rate for the fleet during daylight sets; or 
"(II) all certificate holders on observed trips if the Sec-
retary determines that such restriction is not necessary 
because all certificate holders have developed and are 
utilizing fishing techniques and equipment that assure that 
the incidental marine mammal mortality rate during sun-
down sets will be no higher than such rate during daylight 
sets, 
"(v) The Secretary may authorize, after public notice and 
opportunity for comment, designated certificate holders to con-
duct experimental fishing operations on observed trips, under 
such terms and conditions as the Secretary may prescribe, for 
the purpose of testing proposed improvements in fishing tech-
niques and equipment that may reduce the incidental mortality 
of marine mammals in the course of commercial yellowfin tuna 
fishing operations, and the Secretary may waive such terms and 
conditions of the general permit and this section, other than the 
quotas on incidental taking of marine mammals and the 
prohibition against encircling pure schools of certain species of 
marine mammals, as the Secretary determines to be necessary 
and appropriate for the conduct of such experimental fishing, 
"(vi) The Secretary, after public notice and opportunity for 
comment and consultation with the skippers' panel of experts 
established pursuant to the general permit, shall develop and 
implement by not later than the beginning of the 1990 fishing 
season a system of performance standards to maintain the 
diligence and proficiency of certificate holders in the use of the 
best marine mammal safety techniques and equipment that are 
102 STAT. 4768 
PUBLIC LAW 100-711—NOV. 23, 1988 
Arms and 
munitions. 
Pests and 
pesticides. 
Regulations. 
Reports. 
economically and technologically practicable. The system shall 
include such arrangements as are necessary for the identifica-
tion of certificate holders whose incidental marine mammal 
mortality rate is consistently and substantially higher than the 
average rate of the fleet, and for the supplemental training and 
observation of such certificate holders, and provisions for 
suspension or revocation of certificates of inclusion of those 
certificate holders whose unacceptably high rate of incidental 
taking reflects a lack of diligence or proficiency in the use of the 
best marine mammal safety techniques and equipment. 
"(vii) It shall be unlawful to use any explosive devices other 
than class C explosive pest control devices in the course of 
commercial yellowfin tuna fishing subject to the general permit. 
The Secretary shall prescribe regulations, effective April 1, 
1990, to prohibit or restrict the use of class C explosive pest 
control devices in the course of commercial yellowfin tuna 
fishing unless the Secretary determines, based on a study which 
the Secretary shall undertake, that the use of such devices does 
not result in physical impairment or increased mortality of 
marine mammals. 
"(viii) During the 1989 and subsequent fishing seasons, each 
certificated vessel shall carry on every fishing trip subject to 
this subsection an official observer certified by the Secretary or 
by the Inter-American Tropical Tuna Commission for the pur-
pose of conducting research and observing fishing operations 
unless, for reasons beyond the control of the Secretary, an 
observer is not available for such purpose. The Secretary may 
waive this requirement after the 1991 fishing season and estab-
lish a less extensive observer program if the Secretary, after 
notice and opportunity for comment, determines that such an 
alternative 
program 
will 
provide 
sufficiently 
reliable 
information. 
"(ix) The Secretary shall annually convene meetings with 
representatives of conservation and environmental organiza-
tions, the commercial tuna fishing industry, and other in-
terested persons for the purpose of discussing the results of 
efforts to reduce the incidental mortality and serious injury of 
marine mammals under this subsection as well as throughout 
the international fleet £is a whole and developing plans for such 
efforts during the next year. On or before April 1, 1992, the 
Secretary shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Mer-
chant Marine and Fisheries of the House of Representatives a 
comprehensive report on the results of such efforts. The report 
shall discuss the results of the scientific research programs, 
performance standards, observer program, prohibition on sun-
down sets, development of alternative fishing techniques, and 
other efforts required by this section, and shall include rec-
ommendations for such action as the Secretary considers nec-
essary and desirable to reduce further the total mortality and 
serious injury of marine mammals in the course of commercial 
yellowfin tuna fishing throughout the international fleet.". 
(e) Section 110(a) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1380(a)) is amended— 
(1) immediately before "The Secretary" at the beginning of 
the first sentence, by inserting "(1)"; and 
(2) by adding at the end the following new paragraph: 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4769 
"(2) For purposes of identifying appropriate research into promis-
ing new methods of locating and catching yellowfin tuna without 
the incidental taking of marine mammals, the Secretary shall con-
tract for an independent review of information pertaining to such 
potential alternative methods to be conducted by the National 
Academy of Sciences with individuals having scientific, technical, or 
other expertise that may be relevant to the identification of promis-
ing alternative fishing techniques. The Secretary shall request that 
the independent review be submitted to the Secretary on or before 
September 8, 1989, and the Secretary shall submit the report of the 
independent review, together with a proposed plan for research, 
development, and implementation of alternative fishing techniques, 
to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Merchant Marine and Fisheries of the 
House of Representatives on or before December 5,1989.". 
Research and 
development. 
Contracts. 
Reports. 
SCIENTIFIC RESEARCH AND PUBUC DISPLAY PERMITS 
SEC. 5. (a) Section 109(h) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1379(h)) is amended to read as follows: 
"(hXD Nothing in this title shall prevent a Federal, State, or local 
government official or employee or a person designated under sec-
tion 112(c) from taking, in the course of his or her duties as an 
official, employee, or designee, a marine mammal in a humane 
manner (including euthanasia) if such taking is for— 
"(A) the protection or welfare of the mammal, 
"(B) the protection of the public health and welfare, or 
"(C) the nonlethal removal of nuisance animals. 
"(2) Nothing in this title shall prevent the Secretary or a person 
designated under section 112(c) from importing a marine mammal 
into the United States if such importation is necessary to render 
medical treatment that is not otherwise available. 
"(3) In any case in which it is feasible to return to its natural 
habitat a marine mammal taken or imported under circumstances 
described in this subsection, steps to achieve that result shall be 
taken.". 
(b) Section 102(b) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1372(b)) is amended by adding at the end the following 
new sentence, flush with the margin: 
"Notwithstanding the provisions of paragraphs (1) and (2), the Sec-
retary may issue a permit for the importation of a marine mammal, 
if the Secretory determines that such importation is necessary for 
the protoction or welfare of the animal.". 
(c) Paragraph (1) of section 101(a) of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1371(a)) is amended to read as follows: 
"(1) Consistent with the provisions of section 104, permits may 
be issued by the Secretary for taking and importation for 
purp|Oses of scientific research, public displav, or enhancing the 
survival or recovery of a species or stock if— . 
(d) Section 104(c) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1374(c)) is amended— 
(1) by striking "display or scientific research" each place it 
appears and inserting in lieu thereof the following: "scientific 
research, public display, or enhancing the survival or recovery 
of a species or stock '; 
(2) by inserting "(1)" immediately after "(c)"; and 
(3) by adding at the end the following new paragraphs: 
Safety. 
Imports. 
Imports. 
Imports. 
102 STAT. 4770 
PUBLIC LAW 100-711—NOV. 23, 1988 
"(2) A permit may be issued for public display purposes only to an 
applicant which offers a program for education or conservation 
purposes that, based on professionally recognized standards of the 
public display community, is acceptable to the Secretary and which 
submits with the permit application information indicating that the 
applicant's facilities are open to the public on a regularly scheduled 
basis and that access to the facilities is not limited or restricted 
other than by the charging of an admission fee. 
"(3) A permit may be issued for scientific research purposes only 
to an applicant which submits with its permit application informa-
tion indicating that the taking is required to further a bona fide 
scientific purpose and does not involve unnecessary duplication of 
research. No permit issued for purposes of scientific research shall 
authorize the killing of a marine mammal unless the applicant 
demonstrates that a nonlethal method for carrying out 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 designated as depleted, unless 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. 
"(4XA) A permit may be issued for enhancing the survival or 
recovery of a species or stock only with respect to a species or stock 
for which the Secretary, after consultation with the Marine 
Mammal Commission and after notice and opportunity for public 
comment, has first determined that— 
"(i) taking or importation is likely to contribute significantly 
to maintaining or increasing distribution or numbers necessary 
to ensure the survival or recovery of the species or stock; and 
"(ii) taking or importation is consistent (I) with any conserva-
tion plan adopted by the Secretary under section 115(b) of this 
title or any recovery plan developed under section 4(f) of the 
Endangered Species Act of 1973 for the species or stock, or (II) if 
there is no conservation or recovery plan in place, with the 
Secretary's evaluation of the actions required to enhance the 
survival or recovery of the species or stock in light of the factors 
that would be addressed in a conservation plan or a recovery 
plan. 
"(B) A permit issued in accordance with this paragraph may allow 
the captive maintenance of a marine mammal from a depleted 
species or stock only if the Secretary— 
"(i) determines that captive maintenance is likely to contrib-
ute to the survival or recovery of the species or stock by 
maintaining a viable gene pool, increasing productivity, provid-
ing biological information, or establishing animal reserves; 
(ii) determines that the expected benefit to the affected 
species or stock outweighs the expected benefit of alternatives 
which do not require removal of animals from the wild; and 
"(iii) requires that the marine mammal or its progeny be 
returned to the natural habitat of the species or stock as soon as 
feasible, consistent with the objectives of any applicable con-
servation plan or recovery plan, or of any evaluation by the 
Secretary under subparagraph (A). 
The Secretary may allow the public display of such a marine 
mammal only if the Secretary determines that such display is 
incidental to the authorized maintenance and will not interfere with 
the attainment of the survival or recovery objectives.". 
PUBLIC LAW 100-711—NOV. 23, 1988 
102 STAT. 4771 
(eXD Section 101(aX3XB) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371(aX3XB)) is amended by inserting, immediately 
after "scientific research purposes", the following: "or enhancing 
the survival or recovery of a species or stock". 
(2) Section 102(b) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1372(b)) is amended by striking "research" and inserting 
in lieu thereof the following: "research, or for enhancing the sur-
vival or recovery dTa species or stock,". 
(3) Section 109(b) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1379(b)) is amended— 
(A) in paragraph (1)(E), by striking "research and public 
display purposes and inserting in lieu thereof the following: 
"research, public display, or enhancing the survival or recovery 
of a species or stock"; and 
(B) in paragraph (3)(BXii), by striking "research or public 
display purposes and inserting in lieu thereof the following: 
"research, public display, or enhEmcing the survival or recovery 
of a species or stock". 
(4) Section 202(aX2) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1402(a)(2)) is amended by inserting, immediately after 
"scientific research", the following: ", public display, or enhancing 
the survival or recovery of a species or stock". 
AUTHORIZATION OF APPROPRIATIONS 
SBC. 6. 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 amended— 
(1) in subsection (a), by adding at the end the following new 
sentence: "There are authorized to be appropriated to the 
Department of Commerce, for purposes of carrying out such 
functions and responsibilities as it may have been given under 
such title (other than section 114(eX8)), $12,250,000 for fiscal 
year 1989, $12,740,000 for fiscal year 1990, $13,250,000 for fiscal 
year 1991, $13,780,000 for fiscal year 1992, and $14,331,000 for 
fiscal year 1993."; 
(2) in subsection (b)— 
(A) by striking "and" immediately after "1985,"; and 
(B) by striking "and 1988" and inserting in lieu thereof 
the following: "1988, and 1989, $3,120,000 for fiscal year 
1990, $3,240,000 for fiscal year 1991, $3,370,000 for fiscal 
year 1992, and $3,500,000 for fiscal year 1993"; and 
(3) in subsection (c)— 
(A) by stri^ng "and" immediately after "1983,"; and 
(B) by striking "and 1988" and inserting in lieu thereof 
the following: "1988, and 1989, $1,140,000 for fiscal year 
1990, $1,190,000 for fiscal year 1991, $1,230,000 for fiscal 
year 1992, and $1,280,000 for fiscal year 1993". 
STUDY ON MORTALITY OF ATLANTIC DOLPHIN 
SBC. 7. (a) The Secretary of Commerce shall conduct a study Diseases. 
r^arding the east coast epidemic during 1987 and 1988 which has 
16 USC 1361 
caused substantial mortality within the North Atlantic coastal 
population of Atlantic bottle-nosed dolphin. The study shall 
examine— 
note. 
102 STAT. 4772 
PUBLIC LAW 100-711—NOV. 23, 1988 
Appropriation 
authorization. 
(1) the cause or causes of the epidemic; 
(2) the effect of the epidemic on coastal and offshore popu-
lations of Atlantic bottle-nosed dolphin; 
(3) the extent to which pollution may have contributed to the 
epidemic; 
(4) whether other species and populations of marine mammals 
were affected by those factors which contributed to the epi-
demic; and 
(5) any other matters pertaining to the causes and effects of 
the epidemic. 
(b) On or before January 1,1989, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Merchant Marine and Fisheries of the House 
of Representatives a plan for conducting the study required in 
subsection (a). 
AMENDMENTS TO FISHERMEN'S PROTECTIVE ACT OF 1967 
SEC. 8. Section 8(hX4) of the Fishermen*s Protective Act of 1967 (22 
U.S.C. 1978(hX4)) is amended to read as follows: 
"(4) The term "fish products" means any aquatic species 
(including marine mammals and plants) and all products 
thereof exported from an offending country, whether or not 
taken by fishing vessels of such country, or packed, proc-
essed, or otherwise prepared for export in such country or 
within the jurisdiction thereof." 
PRIBILOF ISLAND TRUST FUNDS 
SEC. 9. Section 206(eXl) of the Fur Seal Act of 1966 (16 U.S.C. 
1166(eXl)) is amended by adding at the end the following new 
sentence: "In addition, there are authorized to be appropriated to 
the Secretary $3,200,000 for fiscal year 1989 and $1,800,000 for fiscal 
year 1990 to be used for the purpose of funding the Saint Paul Island 
Trust, as established pursuant to subsection (aXD of this section, and 
$3,700,000 for fiscal year 1990 to be used for the purpose of funding 
the Saint George Trust, as established pursuant to subsection 
(aXl).". 
Approved November 23, 1988. 
LEGISLATIVE HISTORY—H.R. 4189 (S. 2810): 
HOUSE REPORTS: No. 100-970 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 100-592 accompanying S. 2810 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 26, considered and passed House. 
Oct. 14, considered and passed Senate, amended, in lieu of S. 2810. 
Oct. 19, House concurred in Senate amendment with an amendment. 
Oct. 21, Senate concurred in House amendment.