[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 412 Engrossed in House (EH)]

H. Res. 412

                In the House of Representatives, U. S.,

                                                        April 26, 1994.
    Resolved, That upon the adoption of this resolution the bill (S. 1636), 
entitled ``An Act to authorize appropriations for the Marine Mammal Protection 
Act of 1972 and to improve the program to reduce the incidental taking of marine 
mammals during the course of commercial fishing operations, and for other 
purposes'', with the Senate amendment to the House amendment thereto, shall be 
considered to have been taken from the Speaker's table to the end that the 
Senate amendment thereto be, and the same is hereby, agreed to with an amendment 
as follows:
    In lieu of the matter proposed to be inserted by the amendment of the 
Senate, insert the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Protection 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.).
    (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, including'' 
        after ``made to protect''; and
            (2) in paragraph (5) in the matter following subparagraph (B) by 
        inserting ``and their habitats'' before ``is therefore necessary''.

SEC. 4. MORATORIUM AND EXCEPTIONS.

    (a) 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 survival 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 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 importation, 
        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 under 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 measures--
                    ``(i) by the owner of fishing gear or catch, or an employee 
                or agent of such owner, to deter a marine mammal from damaging 
                the gear or catch;
                    ``(ii) by the owner of other private property, or an agent, 
                bailee, or employee of such owner, to deter a marine mammal from 
                damaging 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 mammal 
                from damaging public property,
        so long as such measures do not result in the death or serious injury of 
        a marine mammal.
            ``(B) The Secretary shall, through consultation with appropriate 
        experts, and after notice and opportunity for public comment, publish in 
        the Federal Register a list of guidelines for use in safely deterring 
        marine mammals. In the case of marine mammals listed as endangered 
        species or threatened species under the Endangered Species Act of 1973, 
        the 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 opportunity 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 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 unmitigable adverse impact on the 
                availability of such species or stock for taking for subsistence 
                uses pursuant to subsection (b), or section 109(f) or 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 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 measures that the Secretary determines are 
                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 requirements 
                for the independent peer review of proposed monitoring 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 communities for a period of 30 days 
        after publication. 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 Secretary shall issue an authorization with appropriate 
        conditions to meet the requirements of clause (ii).
            ``(iv) The Secretary 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 authorization 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 which have valid 
        fishing permits issued by the Secretary in accordance with section 
        204(b) of the Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1824(b)), 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 opportunity for public comment, 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 Endangered 
                Species Act of 1973; and
                    ``(III) where required under section 118, a monitoring 
                program is established under subsection (d) of such section, 
                vessels engaged in such fisheries are registered in accordance 
                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 requirements 
        of clause (i) have been met, the Secretary shall publish in the Federal 
        Register a list 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 
        mammals 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 determination 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 protect 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) whenever 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 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 paragraph:
            ``(6)(A) A marine mammal product may be imported into the United 
        States if the product--
                    ``(i) was legally possessed and exported by any citizen of 
                the United States in conjunction with travel outside the United 
                States, provided that the product is imported into the United 
                States by the same person upon the termination of travel;
                    ``(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, Canada, 
                or Greenland and is imported for noncommercial purposes 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, including 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 subsection 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 persons to which this subsection 
applies, the Secretary shall be responsible for demonstrating that such 
regulation, assessment, determination, or finding is supported by substantial 
evidence on the basis of the record as a whole. The preceding sentence shall 
only be applicable 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--
            (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''and inserting ``product--''; and
                    (C) inserting after and below the text of the paragraph the 
                following:
                    ``(A) that is taken in violation of this Act; or
                    ``(B) for any purpose other than public display, scientific 
                research, or enhancing the survival of a species or stock as 
                provided for under subsection 104(c); and''.
    (b) Permits.--Section 104 (16 U.S.C. 1374) is amended--
            (1) in subsection (a) by 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 
                after'';
                    (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 
                purposes that is based on professionally recognized standards of 
                the public display community;
                    ``(ii) is registered or holds a license 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 charging of an admission 
                fee.
            ``(B) A permit under this paragraph shall grant to the person to 
        which it is issued the right, without obtaining any additional permit or 
        authorization under this Act, to--
                    ``(i) take, import, purchase, offer to purchase, possess, or 
                transport the marine 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 otherwise 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 
                responsibility to meet the requirements of paragraph (3), and
                    ``(iii) for the purpose of enhancing the survival or 
                recovery of a species or stock, the responsibility to meet the 
                requirements of paragraph (4).
            ``(D) If the Secretary--
                    ``(i) finds in concurrence with the Secretary of 
                Agriculture, that a person that holds a permit under this 
                paragraph for a marine mammal, or a person exercising rights 
                under subparagraph (C), no longer meets the requirements of 
                subparagraph (A)(ii) and is not reasonably likely to meet those 
                requirements in the near future, or
                    ``(ii) finds that a person that holds a permit under this 
                paragraph for a marine mammal, or a person exercising rights 
                under subparagraph (C), no longer meets the requirements of 
                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 persons authorized to 
        hold marine mammals under this Act for disposition of the marine mammal. 
        The Secretary may recover from the person expenses incurred by the 
        Secretary for that seizure.
            ``(E) No marine mammal held pursuant to a permit issued under 
        subparagraph (A), or by a person exercising rights under subparagraph 
        (C), may be sold, purchased, exported, or transported unless the 
        Secretary is notified of such action no later than 15 days before such 
        action, and such action is for 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:
            ``(3)(A) The Secretary may issue a permit under this paragraph 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 public review and comment 
        period required under subsection (d)(2) if delaying issuance of the 
        permit could result in injury to a species, stock, or individual, or in 
        loss of unique research opportunities.
            ``(B) No permit issued for purposes of scientific research shall 
        authorize the lethal taking of a marine mammal unless the applicant 
        demonstrates that a nonlethal method of conducting the research is not 
        feasible. The Secretary shall not issue a permit for research which 
        involves the lethal taking of a marine mammal from a species or stock 
        that is 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.
            ``(C) Not later than 120 days after the date of enactment of the 
        Marine Mammal Protection Act Amendments of 1994, the Secretary shall 
        issue a general authorization and implementing regulations allowing bona 
        fide scientific research that may result only in taking by Level B 
        harassment of a marine mammal. Such authorization shall apply to persons 
        which submit, by 60 days before commencement of such research, a letter 
        of intent via certified mail to the Secretary containing the following:
                    ``(i) The species or stocks of marine 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 description 
                of how the definition of bona fide research as established 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 likely 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:
            ``(5)(A) The Secretary may issue a permit for the importation 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 
        polar 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 opportunity for public comment, 
        finds that--
                    ``(i) Canada has a monitored and enforced sport hunting 
                program consistent with the purposes of the Agreement on the 
                Conservation of Polar Bears;
                    ``(ii) Canada has a sport hunting program based on 
                scientifically sound quotas ensuring the maintenance of the 
                affected 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 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).
            ``(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 paragraph 
        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 under 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 
        applicant 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.
            ``(8)(A) No additional permit or authorization shall be required to 
        possess, sell, purchase, transport, export, or offer to sell or purchase 
        the progeny of 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 the requirements of clauses 
                (i), (ii), and (iii) of paragraph (2)(A);
                    ``(ii) for the purpose of scientific research, and by or to, 
                respectively, a person which meets the requirements of paragraph 
                (3); or
                    ``(iii) for the purpose of enhancing the survival or 
                recovery 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--
                    ``(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 
                transport of such progeny no later than 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 born in captivity before the 
        date of the enactment of the Marine Mammal Protection Act Amendments of 
        1994 and held in captivity for the purpose of public display shall be 
        treated as though born after that date of enactment.
            ``(9) No marine mammal may be exported for the purpose of public 
        display, scientific research, or enhancing the survival or recovery of a 
        species or stock unless the receiving facility meets standards that are 
        comparable to the requirements that a person must meet to receive a 
        permit under this subsection for that purpose.
            ``(10) The Secretary shall establish and maintain an inventory of 
        all marine mammals possessed pursuant to permits issued under paragraph 
        (2)(A), by persons exercising rights under paragraph (2)(C), and all 
        progeny of such marine mammals. The inventory shall contain, for each 
        marine mammal, only the 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 identification.
                    ``(B) The sex of the marine mammal.
                    ``(C) The estimated or actual birth date of the marine 
                mammal.
                    ``(D) The date of acquisition or disposition of the marine 
                mammal by the permit holder.
                    ``(E) The source from whom the marine mammal was acquired 
                including the location of the take from the wild, if applicable.
                    ``(F) If the marine mammal is transferred, the name of the 
                recipient.
                    ``(G) A notation if the animal was acquired as the result of 
                a stranding.
                    ``(H) The date of death of the marine 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, determines 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 maintaining polar bear population stocks throughout their 
        range.''.
    (c) Existing Permits.--Any permit issued under section 104(c)(2) of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before the date of 
the enactment of this Act is hereby modified to be consistent with that section 
as amended by this Act.

SEC. 6. PURPOSE AND USE OF THE FUND.

    Section 405 (16 U.S.C. 1421d), 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: ``and 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 decline 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 Secretary 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 IX 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 Russian 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 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 
subsection 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:

``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 to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Marine Mammal Commission, 
for purposes of carrying 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:

``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 assessment 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 estimate, 
        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 mortality and serious injury 
        of the stock by source and, for a strategic stock, other factors that 
        may be causing a decline or impeding recovery 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 
                participating 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 an analysis stating whether such level is insignificant and 
                is approaching a zero mortality and serious 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.
    ``(b) Public Comment.--(1) The Secretary shall publish in the Federal 
Register a notice of the availability of a draft stock assessment 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 final stock assessment 
or any revision thereof for any stock subject to taking under section 101(b).
    ``(3) After consideration of the best scientific information available, 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 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 paragraph 
        (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 jurisdiction), the Marine Mammal Commission, the 
Governors of affected adjacent coastal States, regional fishery and wildlife 
management authorities, Alaska Native organizations 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 distribution, size, or 
        productivity of the stock;
            ``(C) uncertainties and research needed regarding the species, 
        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 environmental 
        change, on specific marine mammal species or stocks, and for strategic 
        stocks, appropriate conservation or management 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 subsection shall 
not be subject to the Federal Advisory Committee Act (5 App. U.S.C.).
    ``(3) Members of the scientific review groups shall serve without 
compensation, but may be 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:

``SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING 
              OPERATIONS.

    ``(a) In General.--(1) Effective on the date of enactment of this section, 
and except as provided in section 114 and in paragraphs (2), (3), and (4) of 
this 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 Secretary 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 
injury of marine mammals occurring in the course of commercial fishing 
operations be reduced to insignificant levels approaching a zero mortality and 
serious injury 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 under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), both this section and section 101(a)(5)(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 course of commercial purse seine fishing for 
yellowfin tuna in the eastern tropical Pacific Ocean.
    ``(4) This section shall not govern the incidental taking of California sea 
otters and shall not be deemed to amend or repeal the Act of November 7, 1986 
(Public Law 99-625; 100 Stat. 3500).
    ``(5) Except as provided in section 101(c), the intentional lethal take of 
any marine mammal in the course of commercial fishing operations is 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 mammals to insignificant 
levels approaching a zero mortality 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 
mortality 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 
mortality and serious injury to insignificant levels approaching a zero rate. 
The Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Merchant Marine and Fisheries 
of the House of Representatives a report setting forth the results of such 
review within 1 year after commencement of the review. The Secretary shall note 
any commercial fishery for which additional 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 subsection (f).
    ``(c) Registration and Authorization.--(1) The Secretary shall, within 90 
days after the date of enactment of this section--
            ``(A) publish in the Federal Register for public comment, for a 
        period of not less than 90 days, any necessary changes to the 
        Secretary's list of commercial fisheries published under 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) frequent incidental mortality and serious injury 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 public comment, publish 
        in the Federal Register a revised list of commercial fisheries and an 
        update of information required by subparagraph (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 public comment, the classification of commercial 
        fisheries and other determinations required under subparagraph (A) and 
        publish in the Federal 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 listed 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 valid 
shall be issued by the Secretary at the time an authorization is granted, and so 
long as the authorization remains current and valid, shall be reissued annually 
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 
(1)(A) (i) or (ii) shall, in order to engage in the lawful incidental taking of 
marine mammals in a commercial fishery--
            ``(i) have registered as required under paragraph (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 valid;
            ``(ii) ensure that a decal or such other physical evidence of a 
        current and valid 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 (1)(A) (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 listed 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 and valid authorization for such 
        vessel; or
            ``(iii) fails to ensure that a decal or other physical evidence of 
        such authorization issued by the Secretary is displayed on or is in 
        possession of the master of the vessel,
and the master of any such vessel engaged in such fishery, shall be deemed to 
have violated this title, and for violations of clauses (i) and (ii) shall be 
subject to the penalties of this title, and for violations of clause (iii) shall 
be subject to a fine of not more than $100 for each offense.
    ``(D) If the owner of a vessel has obtained and maintains a current and 
valid authorization from the Secretary under this section and meets the 
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 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 Councils, 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 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 
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 Commerce 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 serious injury of marine mammals 
during the course of commercial fishing operations. The purposes of the 
monitoring program shall be to--
            ``(A) obtain statistically reliable estimates of incidental 
        mortality and serious injury;
            ``(B) determine the reliability of reports of incidental mortality 
        and serious injury under subsection (e); and
            ``(C) identify changes in fishing methods or technology that may 
        increase or decrease incidental mortality and serious injury.
    ``(2) Pursuant to paragraph (1), the Secretary may place observers on board 
vessels as necessary, subject to the provisions of this section. Observers may, 
among other tasks--
            ``(A) record incidental mortality 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 following priority:
            ``(A) The highest priority for allocation shall be for commercial 
        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 program 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 delivering fish 
        to a processing vessel and the catch is not taken on board the 
        harvesting vessel, statistically reliable information can be obtained 
        from an observer on board the 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).
    ``(8) Any proprietary information collected under this subsection shall be 
confidential and shall not be disclosed except--
            ``(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 identity or business of 
        any person;
            ``(C) when required by court order; or
            ``(D) in the case of scientific information involving fisheries, to 
        employees of Regional Fishery Management Councils who are responsible 
        for fishery management plan development and monitoring.
    ``(9) The Secretary shall prescribe such procedures as may be necessary to 
preserve such confidentiality, except that the Secretary shall release or make 
public upon request any such information in aggregate, summary, or other form 
which does not directly or indirectly disclose the identity or business of any 
person.
    ``(e) Reporting Requirement.--The owner or operator of a commercial fishing 
vessel subject to this Act shall report all incidental 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 computerized data processing system 
and shall require the vessel owner or operator to provide the following:
            ``(1) The vessel name, and Federal, State, or tribal registration 
        numbers of the registered vessel.
            ``(2) The name and address of the vessel owner or operator.
            ``(3) The name and description of the fishery.
            ``(4) The species of each marine mammal 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)(1)(A)(i) which the Secretary determines, after notice and 
opportunity for public comment, has a high level of mortality 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 
incidental 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.
    ``(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 assessment 
        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 incidentally 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; and
            ``(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 the potential biological removal level.
    ``(B) For any stock in which human-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 mortality and serious injury by such commercial 
fisheries from that stock. For purposes of this subparagraph, the term `maximum 
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 listed 
under subsection (c)(1)(A)(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 subparagraph (C); and
            ``(ii) publish in the Federal Register a notice of the team's 
        establishment, the names of the team's appointed members, the full 
        geographic range of such stock, and a list of all commercial fisheries 
        that cause incidental mortality and serious injury 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 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 
Management Councils, interstate fisheries commissions, academic and scientific 
organizations, environmental groups, all commercial and recreational fisheries 
groups and gear types which incidentally take the species or stock, Alaska 
Native organizations or Indian tribal organizations, and others as the Secretary 
deems appropriate. Take 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 compensation, 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 establishment of 
        a take reduction team for the stock, the team shall submit a draft take 
        reduction plan for such stock to the Secretary, 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 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 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 requirements 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)(1)(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 establishment of 
        a take reduction team for the stock, the team shall submit a draft take 
        reduction plan for the stock to the Secretary, 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 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 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.
            ``(F) The Secretary shall amend the take reduction plan and 
        implementing regulations as necessary to meet the requirements 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 
plan, 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 assessment 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 published.
    ``(B) The draft stock assessment published 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 publication 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 published, 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 for 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 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 immediate 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 
        plan does not exist and is not being developed, or in the case of a 
        commercial fishery listed under subsection (c)(1)(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)(1)(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 Commission, all appropriate 
Regional Fishery Management Councils, State fishery managers, and the 
appropriate take reduction team (if established).
    ``(3) Emergency regulations prescribed under this subsection--
            ``(A) shall be published in the Federal Register, together with an 
        explanation thereof;
            ``(B) shall remain in effect for not more than 180 days or until the 
        end of the applicable 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 termination, if the 
        Secretary determines that the reasons for emergency 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 person 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 mortality and serious 
injury rate.
    ``(j) Contributions.--For purposes of carrying 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.
    ``(l) Definitions.--As used in this section and section 101(a)(5)(E), each 
of the terms `fishery' 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 marine 
                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, migration, 
                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 mortality 
                exceeds the potential 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 endangered 
                species under the Endangered Species Act of 1973 (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 
                conservation 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' means a plan developed under 
        section 118.
            ``(25) The term `take reduction team' means a team established 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,'' after ``thereunder''.
    (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 amended by striking 
``and 114 of this title or title III'' and inserting ``114, and 118 of this 
title and title IV''.

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--
            (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)(1)) is amended 
by striking ``ending April 1, 1994,'' and inserting in lieu thereof ``until 
superseded by regulations prescribed under section 118, or until September 1, 
1995, whichever is earlier,''.
    (b) Implementing Regulations.--Except as provided otherwise in this Act, or 
the amendments to the Marine Mammal Protection 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 appropriate, 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 paragraph (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'' and inserting in 
lieu thereof ``an interest bearing fund''.

SEC. 17. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES.

    (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 
designated under section 222.31 of title 50, Code of Federal Regulations, as 
cow/calf waters.
    (b) Termination of Legal Effect of Certain Regulations.--Subsection (b) of 
section 222.31 of title 50, Code of Federal Regulations, shall cease to be in 
force and effect.

SEC. 18. SCRIMSHAW EXEMPTIONS.

    Notwithstanding any other provision of law, any valid certificate 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 products 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.

    ``(a) In General.--The Secretary may enter into cooperative agreements with 
Alaska Native organizations to conserve marine 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 analyzing data on marine mammal populations;
            ``(2) monitoring the harvest of marine mammals for subsistence use;
            ``(3) participating in marine mammal research conducted by the 
        Federal Government, States, 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 respective 
        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 jurisdictional 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 Secretary 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 policies of resource 
        management;
            ``(B) has as the primary management objective the maintenance of the 
        health and stability of the marine ecosystems;
            ``(C) ensures the fullest possible range of management options for 
        future generations; and
            ``(D) permits nonwasteful, environmentally sound development 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, not 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 workshops 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, traditional 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 payment or other consideration, to the 
Secretary of Commerce, 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 outbuildings 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.
    (c) Use by National Oceanic and Atmospheric Administration.--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 immediately 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 programs 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:

``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 intentional 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 the situation described in the application. If 
the Secretary determines sufficient evidence has been provided, the Secretary 
shall 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 the pinniped interaction that the 
application addresses, representatives 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 taking authority; and
            ``(B) suggest nonlethal alternatives, if available and practicable, 
        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 application 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 application, the Pinniped-Fishery 
Interaction Task Force shall evaluate the effectiveness of the permitted 
intentional lethal taking or alternative actions implemented. If implementation 
was ineffective in eliminating the problem interaction, the Task Force shall 
recommend additional actions. If the implementation was effective, the Task 
Force shall so advise the Secretary, and the Secretary shall disband 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 and 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 applicant 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; and
            ``(4) the extent to which such pinnipeds are exhibiting behavior 
        that presents an ongoing threat to public safety.
    ``(e) Limitation.--The Secretary shall not approve the intentional 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; Investigation and 
Report.--
            ``(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 endangered 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 recommendations to address such issues or 
        problems. Any recommendations resulting from such discussions shall be 
        submitted, 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 recommendations 
        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 Secretary 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) Regionwide Pinniped-Fishery Interaction Study.--
            ``(1) The Secretary may conduct a study, of not less than three high 
        predation areas in anadromous fish migration corridors 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 generally;
                    ``(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 Secretary 
        may, not later than 18 months after the commencement of the study under 
        this subsection, transmit a report on the results of the study to the 
        Committee on Commerce, Science, and Transportation of the Senate and the 
        Committee on Merchant 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 establish a Pinniped-
Fishery Interaction Task Force to advise the Secretary 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 (5 
        App. U.S.C.).
    ``(2) Meetings of any task force established under this section shall be 
open to the public, and prior notice of those meetings 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 mortality and serious injury of such stock, 
and may, based on the recommendations 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 set forth in 
        section 3004(b) of the Marine Mammal Health 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 amended 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--
            (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 1421h) 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)(1)(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 and the sections that are redesignated by subsection (b) of 
        this section and inserting the following:

        ``Title 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 Bank and tissue analysis.
``Sec. 408. Authorization of appropriations.
``Sec. 409. Definitions.''.
    (d) Clerical Amendments.--The portion of the table of contents 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 Department of the Navy 
for Shipbuilding and Conversion, Navy, the Secretary 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.
            Attest:






                                                                          Clerk.
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