[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3104 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3104

 To amend the Marine Mammal Protection Act of 1972 to repeal the long-
  term goal for reducing to zero the incidental mortality and serious 
   injury of marine mammals in commercial fishing operations, and to 
   modify the goal of take reduction plans for reducing such takings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2002

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Marine Mammal Protection Act of 1972 to repeal the long-
  term goal for reducing to zero the incidental mortality and serious 
   injury of marine mammals in commercial fishing operations, and to 
   modify the goal of take reduction plans for reducing such takings.

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

SECTION 1. MODIFICATION OF GOALS FOR REDUCING INCIDENTAL TAKE OF MARINE 
              MAMMALS IN COMMERCIAL FISHING.

    (a) Repeal of Zero Mortality Goal.--Section 118 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1387) is amended by striking 
subsection (b), and by redesignating subsections (c) through (l) in 
order as subsections (b) through (k).
    (b) Conforming Amendments.--Such Act is further amended as follows:
            (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) by striking 
        the third sentence.
            (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 
        1371(a)(5)(E)(i)(III) by striking ``subsection (d)'' and 
        inserting ``subsection (c)''.
            (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) by striking 
        ``section 118(f)(1)'' and inserting ``section 118(e)(1)''.
            (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) in 
        subparagraph (D) by striking ``, and an analysis'' and all that 
        follows through the end of the subparagraph and inserting a 
        semicolon.
            (5) In section 118 (16 U.S.C. 1387) by striking 
        ``subsection (c)(1)(A) (i)'' each place it appears and 
        inserting ``subsection (b)(1)(A) (i)''.
            (6) In section 118 (16 U.S.C. 1387) by striking 
        ``subsection (c)(1)(A)(i)'' each place it appears and inserting 
        ``subsection (b)(1)(A)(i)''.
            (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) by striking 
        the last sentence.
            (8) In section 118(b), as redesignated by this subsection 
        (16 U.S.C. 1387(c)(1)(B)), by striking ``subsection (e)'' each 
        place it appears and inserting ``subsection (d)''.
            (9) In section 118(c)(1)(B), as redesignated by this 
        subsection (16 U.S.C. 1387(d)(1)(B)), by striking ``subsection 
        (e)'' and inserting ``subsection (d)''.
            (10) In section 118(e)(9)(D), as redesignated by this 
        subsection (16 U.S.C. 1387(f)(9)(D)), by striking ``subsection 
        (d)'' and inserting ``subsection (c)''.
            (11) In section 118(f)(1), as redesignated by this 
        subsection (16 U.S.C. 1387(g)(1)), by striking ``subsection 
        (c)(1)(A)(iii)'' each place it appears and inserting 
        ``subsection (b)(1)(A)(iii)''.
            (12) In section 118(g), as redesignated by this subsection 
        (16 U.S.C. 1387(h)), by striking ``subsection (c)'' and 
        inserting ``subsection (b)''.
            (13) In section 120(j)(2) (16 U.S.C. 1389(j)(2)) by 
        striking ``118(f)(5)(A)'' and inserting ``118(e)(5)(A)''.
    (c) Modification of Goal of Take Reduction Plans.--Section 
118(e)(2) of such Act, as redesignated by subsection (a) of this 
section (16 U.S.C. 1387(f)(2)), is amended by striking the last 
sentence and inserting the following: ``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 fishing operations taking into account the 
economics of the fishery, the availability of existing technology, and 
existing State and regional fishery management plans.''.
                                 <all>