[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 74 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 74

To amend the Marine Mammal Protection Act of 1972 to provide for State 
disapproval of issuance of permits for the taking of marine mammals in 
                        protected State waters.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mr. Goss introduced the following bill; which was referred to the 
                         Committee on Resources

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                                 A BILL


 
To amend the Marine Mammal Protection Act of 1972 to provide for State 
disapproval of issuance of permits for the taking of marine mammals in 
                        protected State waters.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Capture Reform Act of 
1995''.

SEC. 2. STATE DISAPPROVAL OF ISSUANCE OF PERMITS FOR TAKING OF MARINE 
              MAMMALS IN STATE WATERS.

    Subsection (d) of section 104 of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1374) is amended by adding at the end the following:
    ``(7)(A) The Secretary may not issue a permit under subsection 
(c)(2) for the taking of any marine mammal from protected State waters 
for the purpose of public display, if--
            ``(i) issuance of the permit would be inconsistent with 
        State law; and
            ``(ii) the Governor of the State in which the taking would 
        occur submits to the Secretary notice of State disapproval of 
        the permit, including an explanation of the reasons for the 
        disapproval, not later than 30 days after the date of 
        publication of notice of application for the permit pursuant to 
        paragraph (2).
    ``(B) For purposes of this paragraph, the term `protected State 
waters' means State waters that--
            ``(i) receive special protection by State law from certain 
        activities; or
            ``(ii) have been designated by State law as having special 
        value.''.
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