[Congressional Record Volume 140, Number 32 (Monday, March 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
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MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994
Mr. STUDDS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2760) to authorize the Marine Mammal Protection Act for a
period of 6 years, to establish a new regime to govern the incidental
taking of marine mammals in the course of commercial fishing
operations, and for other purposes, as amended.
The Clerk read as follows:
H.R. 2760
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 Protection Act
Amendments of 1994''.
SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.
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.).
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) 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 striking
``and permits may'' and all that follows through ``section
103.'' and inserting ``and authorizations may be granted
therefor under section 118 subject to regulations prescribed
by the Secretary.'';
(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 subparagraph (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 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)(A) by inserting ``, other than by
harassment,'' after ``taking'' the first place it appears;
(6) 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 119.
``(ii) The authorization for such activity shall prescribe,
where applicable--
``(I) permissible methods of taking 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 subsistence uses pursuant to subsection
(b) or section 109(f) or 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 subsistence uses
pursuant to subsection (b) or section 109(f) or 119, and
``(III) requirements pertaining to the monitoring and
reporting of such taking, 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 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 may annually renew an authorization
issued under this subparagraph after providing for 30 days of
public comment and consulting with the parties affected by
the authorization, if the Secretary finds that the
requirements of clause (i) continue to be met.
``(v) The Secretary shall establish additional conditions
or restrictions on an authorization renewed under clause (iv)
if the Secretary finds, based on public comment, that such
conditions or restrictions are necessary to meet the
provisions of clause (ii).
``(vi) 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.
``(vii) 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) The Secretary may issue a permit under this paragraph
for periods of up to 3 years for the incidental, but not the
intentional, taking by persons using vessels of the United
States and vessels which have valid fishing permits issued by
the Secretary in accordance with section 204(b) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1824(b)), while engaging in commercial fishing operations, of
small numbers of marine mammals from a species or population
stock that is listed as an endangered species or threatened
species under the Endangered Species Act of 1973. Such permit
may be issued only if the Secretary determines, after notice
and opportunity for public comment, that--
``(i) such taking will have a negligible impact on the
species or stock;
``(ii) a program is in place which will allow reliable
estimation and monitoring of the level of incidental take;
and
``(iii) a recovery plan has been developed or is in the
process of being developed for the species or stock pursuant
to the Endangered Species Act of 1973. A permit may be issued
under this subparagraph to an organization representing more
than 1 individual or fishing vessel.
``(F) If the Secretary determines that the issuance of a
permit under this paragraph for a species or stock has
resulted or is likely to result in levels of incidental takes
which will have an impact that is more than negligible on the
species or stock, the Secretary shall modify, suspend, or
revoke the permit. In making a determination under this
subparagraph, the Secretary shall consider the level of
incidental takes by each permit holder in a fishery and
whether a permit holder has failed to comply with the terms
and conditions of the permit. The Secretary shall notify the
permit holder before modifying, suspending, or revoking a
permit.
``(G) The Secretary shall prescribe such procedures as are
necessary to carry out this paragraph, including the form and
manner in which application for permits may be made.
``(H) This paragraph 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).''.
(7) 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 and is registered at the time of export and import;
``(ii) was acquired outside of the United States as part of
a cultural exchange by an Indian, Aleut, or Eskimo residing
in Alaska, and is registered at the time of import; or
``(iii) is owned by a Native inhabitant of Russia, Canada,
or Greenland and is imported 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 to, is a member of the same clan or
ethnological grouping as, 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 for the
purpose of rendering of raw marine mammal parts into clothing
or handicrafts through carving, painting, sewing, or
decorating but does not include an exchange for commercial
purposes.
``(C) Raw marine mammal parts imported under subparagraph
(A)(ii) or (iii) shall be marked or tagged under the
requirements of section 109(i).''.
(b) Section 101(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.''.
SEC. 5. DEPLETION DETERMINATION.
Section 101(b) (16 U.S.C. 1371) is amended by adding the
following at the end: ``Before making a determination under
this subsection that a species or stock of marine mammal is
depleted, the Secretary shall identify and make available to
the public the reasons for making a determination and provide
opportunity, at the request of any interested party, for a
hearing on the record with respect to the determination.''.
SEC. 6. 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 inserting ``except for the
incidental taking of marine mammals in the course of
commercial fishing operations'' before the period at the end;
(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; 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 that may result in
a taking of a marine mammal 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 harm to a species, population, 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) 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 may notify the applicant that the proposed
research is likely to result in the taking, including Level A
harassment, of a marine mammal, and that subparagraph (A)
applies. If no such notification is received, the proposed
research shall be covered under the general authorization.'';
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
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. 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 sustainable populations;
``(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).
``(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
populations are being adversely affected or that sport
hunting may be having a detrimental effect on maintaining
polar bear populations 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. 7. PURPOSE AND USE OF THE FUND.
Section 405 (16 U.S.C. 1421d) as amended by this Act is
further amended--
(1)(A) in subsection (b)(1)(A) by striking ``and'' at the
end of clause (i); and
(B) by inserting a new clause (iii) as follows:
``(iii) for care and maintenance of a marine mammal seized
under section 104(c)(2)(C); and''; and
(2) in subsection (d) by striking ``For purposes of
carrying out this title, the'' and inserting ``The''.
SEC. 8. APPLICATION TO OTHER TREATIES AND CONVENTIONS.
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. 9. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL
FISHING OPERATIONS; COOPERATIVE AGREEMENTS IN
ALASKA.
(a) In General.--Title I (16 U.S.C. 1371 et seq.) is
amended by adding at the end the following new sections:
``SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL
FISHING OPERATIONS.
``(a) In General.--
``(1) Effective on the date of enactment of the Marine
Mammal Protection Act Amendments of 1994 and except as
provided in paragraphs (2), (3), and (4), 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 and 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)). It shall
be the immediate goal that the incidental kill or serious
injury of marine mammals permitted in the course of
commercial fishing operations be reduced to insignificant
levels approaching a zero mortality and serious injury rate
within 5 years after the date of enactment of the Marine
Mammal Protection Act Amendments of 1994.
``(2) Section 101 and not this section shall govern the
incidental taking of a marine mammal listed as an endangered
species or threatened species under the Endangered Species
Act of 1973.
``(3) Section 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.
``(b) Scientific Consultation.--
``(1) Not later than 60 days after the date of enactment of
the Marine Mammal Protection Act Amendments of 1994, the
Secretary shall, in consultation with the Marine Mammal
Commission, establish independent scientific review groups
representing Alaska, the Pacific coast (including Hawaii),
the Gulf of Mexico, and the Atlantic coast consisting of
individuals with expertise in marine mammal biology and
ecology, population dynamics and modeling, and commercial
fishing technology and practices, and representatives of
coastal States, for the purposes of reviewing proposed
actions under this section. The groups shall advise the
Secretary on--
``(A) population estimates for those marine mammal stocks
taken incidental to commercial fishing operations;
``(B) the population status and trends of such stocks;
``(C) uncertainties and research needed regarding stock
separation, abundance, or trends, and factors affecting the
distribution, size, or productivity of the stock;
``(D) uncertainties and research needed regarding the
species, number, ages, gender, and reproductive status of
marine mammals taken incidental to commercial fishing
operations;
``(E) research needed to identify modifications in fishing
gear and practices likely to reduce the mortality and serious
injury of marine mammals incidental to commercial fishing
operations;
``(F) the potential impacts of habitat destruction,
including marine pollution and natural environmental change,
on specific marine mammal species or stocks; and
``(G) 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.
``(c) Stock Assessments and Determinations of Strategic
Stocks.--
``(1) Not later than 60 days after the establishment of the
scientific review groups under subsection (b), the Secretary
shall, in consultation with the scientific review groups,
prepare proposed stock assessments of each marine mammal
stock which occurs in waters under the jurisdiction of the
United States and which is taken incidental to commercial
fishing operations, and shall publish notice of its
availability in the Federal Register for public review and
comment for a period which shall not exceed 60 days. Each
proposed stock assessment shall include--
``(A) the area in which each stock is located and, if
migratory, the season of its location in that area;
``(B) the best available estimates of minimum population
size, most likely population size, stock separation,
productivity, current population trend, and estimated optimum
sustainable population range if available;
``(C) estimates of total lethal and serious injury take
from each stock by source and, for depleted stocks, other
factors that may cause the further decline or impede the
recovery of that stock, including impacts on marine mammal
habitat and prey;
``(D) a description of the commercial fisheries that may
incur incidental lethal and serious injury takes from each
stock, including--
``(i) the approximate number of vessels actively
participating in each fishery;
``(ii) the best available estimates of incidental lethal
and serious injury take from the stock by each fishery on an
annual basis;
``(iii) seasonal or area differences in levels of such
take; and
``(iv) the rate at which such take occurs, based on the
appropriate standard unit of fishing effort, with an analysis
of whether the rate at which the take occurs is exceeding or
has achieved insignificant levels approaching a zero
mortality and serious injury rate;
``(E) the status of each stock, specifying--
``(i) whether the stock has been determined to be within
its optimum sustainable population range, is depleted, 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 a strategic stock; or
``(ii) that the status of the stock is unknown;
``(F) the estimated potential biological removal level for
each stock and the factors used to calculate it; and
``(G) the information or sources of information upon which
the assessment is based.
``(2) Not later than 90 days after the close of the public
comment period on a proposed stock assessment, the Secretary
shall publish a final stock assessment and make it available
to the public.
``(3) The Secretary shall review stock assessments in
accordance with this subsection--
``(A) at least annually for stocks which are--
``(i) specified as strategic stocks in a final stock
assessment under this subsection;
``(ii) listed as a threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(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.
``(4) Nothing in this subsection shall prevent the
Secretary from publishing stock assessments for strategic
stocks in an expedited fashion.
``(d) Authorization To Take Marine Mammals.--
``(1) Not later than 30 days after the date of the
publication of the final stock assessments under subsection
(c), or September 1, 1995, whichever is earlier, the
Secretary shall issue a general authorization and
implementing regulations allowing incidental, but not
intentional, taking of marine mammals in the course of
commercial fishing operations subject to the provisions of
this section. The implementing regulations shall identify the
fisheries in which vessels shall be considered to be
operating under the general authorization and shall establish
additional permit requirements for fisheries that are not so
identified under the general authorization.
``(2) 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 of the marine mammals and the approximate number of
vessels or persons actively involved in each such fishery),
that have--
``(i) frequent incidental taking of marine mammals;
``(ii) occasional incidental taking of marine mammals; or
``(iii) a remote likelihood of or no known incidental
taking of marine mammals;
``(B) 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.
``(3)(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 (2)(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.
``(4)(A) An owner of a vessel engaged in any fishery listed
under paragraph (2)(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 (3) 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 registration 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 (h); and
``(iv) comply with a 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
(2)(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 (2)(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 (2)(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 (h), instances
of incidental mortality or injury of marine mammals in the
course of that fishery.
``(5) 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 (h) and such
requirements to take on board an observer under paragraph
(4)(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. 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.
``(6)(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.
``(e) Take Reduction Teams.--
``(1) No later than 30 days after the publication of a
final stock assessment under subsection (c), the Secretary
shall establish take reduction teams for those marine mammal
species or stocks which are specified as strategic stocks in
final stock assessments under subsection (c) and publish
notice of that establishment in the Federal Register. The
Secretary shall establish take reduction teams for stocks
which are not specified as strategic stocks in final stock
assessments under subsection (c), as the Secretary considers
necessary in accordance with subsection (f).
``(2) The Secretary may request a take reduction team to
consider and provide advice on measures necessary to reduce
incidental lethal takes from a marine mammal stock whose
range extends over more than 1 region, or on multiple marine
mammal stocks within a region.
``(3) Members of take reduction teams shall have expertise
regarding the conservation or biology of the marine mammal
species which the incidental take plan will address, or the
fishing practices involved in the incidental lethal taking 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.
``(4) 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.
``(5) Members of take reduction teams shall serve without
compensation. Members of take reduction teams who are not
Federal or State government employees shall be reimbursed by
the Secretary, upon request, for reasonable travel costs and
expenses incurred in performing their obligations.
``(f) Take Reduction Plans.--
``(1) The Secretary shall issue take reduction plans for
marine mammal stocks in accordance with this subsection. The
immediate goal of a take reduction plan shall be reduce,
within 1 year of its implementation, the lethal take 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 in this
section. The long-term goal of the plan shall be to reduce,
within 5 years of its implementation, the lethal take 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.
``(2) 2 years after the issuance of the general
authorization under subsection (d), the Secretary shall
review the progress, by fishery, toward reducing incidental
lethal takes and serious injury of marine mammals in the
course of commercial fishing operations to insignificant
levels approaching a zero mortality and serious injury 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.
``(3) The Secretary shall give priority to the development
of take reduction plans for marine mammal stocks or species--
``(A) which are specified as strategic stocks and which are
incidentally taken in fisheries listed under subsection
(d)(2)(A)(i);
``(B) which are specified as strategic stocks and which are
incidentally taken in fisheries listed under subsection
(d)(2)(A)(ii); and
``(C) which are not specified as strategic stocks but which
the Secretary finds are approaching strategic stock status.
``(4) Each take reduction plan shall include--
``(A) a review of the information in the final stock
assessment published under subsection (c) and any 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 each year during the course of
commercial fishing operations, by fishery;
``(C) recommended regulatory or voluntary measures for the
reduction of incidental lethal takes; and
``(D) recommended dates for achieving the specific
objectives of the plan.
``(5) Recommended take reduction plans developed by a take
reduction team under this subsection for submission to the
Secretary shall be developed by consensus. In the event that
a consensus cannot be reached, the team shall advise the
Secretary on the range of possibilities considered by the
team, and the views of both the majority and the minority.
The Secretary shall then propose a take reduction plan
consistent with the provisions of this subsection.
``(6) In the case of those marine mammal species or stocks
which are specified as strategic stocks in final stock
assessments under subsection (c), the following provisions
apply:
``(A) Not later than 6 months after the date of
establishment of a take reduction team for that stock, the
take reduction team shall recommend a take reduction plan to
the Secretary, consistent with the other provisions of this
subsection.
``(B) The Secretary shall consider the recommended take
reduction plan and, not later than 60 days after the
submission of the recommended take reduction plan, the
Secretary shall publish in the Federal Register the
recommended take reduction plan, any changes proposed by the
Secretary along with the reason for the proposed changes, and
proposed implementing regulations, for public review and
comment.
``(C) If the take reduction team does not recommend a take
reduction plan to the Secretary within 6 months, the
Secretary shall, not later than 8 months after the
establishment of the take reduction team, publish in the
Federal Register a proposed take reduction plan and proposed
implementing regulations, for public review and comment.
``(D) Not later than 60 days after the close of the comment
period required under this paragraph, the Secretary shall
issue a final take reduction plan and implementing
regulations, consistent with the other provisions of this
subsection. If the Secretary rejects or significantly
modifies a plan recommended under subparagraph (B), the
Secretary shall notify the take reduction team and specify in
writing the reasons for the rejection or modification.
``(E) The Secretary and the take reduction team shall meet
every 6 months to monitor the implementation of the take
reduction plan until such time as the Secretary determines
that meetings are no longer necessary.
``(7) In the case of those marine mammal species or stocks
which are not specified as strategic stocks in final stock
assessments under subsection (c), the following provisions
apply:
``(A) Within 11 months after the establishment of the take
reduction team, the team shall recommend a take reduction
plan for that stock to the Secretary, consistent with the
other provisions of this subsection.
``(B) The Secretary shall consider the recommended take
reduction plan and, not later than 60 days after the
submission of the recommended take reduction plan, the
Secretary shall publish in the Federal Register the
recommended take reduction plan, any changes proposed by the
Secretary along with the reason for the proposed changes, and
proposed implementing regulations for public review and
comment.
``(C) If the take reduction team does not recommend a take
reduction plan to the Secretary within 11 months, the
Secretary shall, not later than 13 months after the
establishment of the take reduction team, publish in the
Federal Register a proposed take reduction plan and
implementing regulations for public review and comment.
``(D) Not later than 60 days after the close of the comment
period required under this paragraph, the Secretary shall
issue a final take reduction plan and implementing
regulations, consistent with the other provisions of this
subsection. If the Secretary rejects or significantly
modifies a plan recommended under subparagraph (B), the
Secretary shall notify the take reduction team and specify in
writing the reasons for the rejection or modification.
``(E) The Secretary and the take reduction team shall meet
on an annual basis to monitor the implementation of the take
reduction plan until such time as the Secretary determines
that meetings are no longer necessary.
``(8) If a take reduction plan does not achieve its
immediate goal of reducing incidental lethal takes in the
course of commercial fishing operations to levels less than
the potential biological removal level within 1 year, or its
long-term goal of reducing incidental lethal takes in the
course of commercial fishing operations to insignificant
levels approaching a zero mortality and serious injury rate
within 5 years, the Secretary shall, in consultation with the
take reduction team, amend the take reduction plan and
implementing regulations as necessary to achieve the goal,
consistent with the procedures in this subsection for the
issuance of such plans and regulations.
``(9) In implementing a take reduction plan issued pursuant
to this subsection, the Secretary may promulgate regulations
which include measures which--
``(A) establish fishery-specific limits on incidental
lethal takes;
``(B) restrict commercial fisheries by time or area;
``(C) require the use of alternative gear techniques or
technology, and encourage the development of such gear or
technology;
``(D) educate commercial fishermen and others on the
importance and means of reducing incidental lethal takes of
marine mammals; and
``(E) in promulgating such regulations, the Secretary shall
conform such regulations, to the maximum extent practicable,
with State or regional fishery management plans.
``(10) If the Secretary finds that a significant level of
incidental lethal taking of a marine mammal stock is
occurring within a fishery within the jurisdiction of a
State, the Secretary and take reduction team shall consult
with State fishery managers to develop a take reduction plan
for that fishery.
``(g) Emergency Regulations.--(1) If the Secretary finds
that the incidental lethal take 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 lethal take 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 lethal take 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
(d)(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 lethal take 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, place observers on vessels in a commercial fishery
listed under subsection (d)(2)(A)(iii), if the Secretary has
reason to believe such vessels may be causing the incidental
lethal take and serious injury to marine mammals from such
stock and the vessel owner agrees to take an observer on
board.
``(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.
``(h) Reporting Requirement.--The owner or operator of a
commercial fishing vessel subject to this Act shall report
all incidental mortality and serious 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 form to be developed by the Secretary under this
section. Such form shall be readily 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 seriously injured, and the date, time, and approximate
geographic location of such occurrence.
``(i) Monitoring of Incidental Takes.--
``(1) The Secretary shall establish a program to monitor
incidental lethal takes 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
lethal takes and serious injury;
``(B) determine the reliability of reports of incidental
lethal takes and serious injury under subsection (h); and
``(C) identify changes in fishing methods or technology
that may increase or decrease incidental lethal takes.
``(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 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
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 fisheries consistent with the
following priorities:
``(A) First, fisheries that incidentally lethally take or
seriously injure marine mammals from stocks that are depleted
because of their listing as an endangered species or
threatened species under the Endangered Species Act of 1973.
``(B) Second, fisheries that incidentally lethally take or
seriously injure marine mammals from stocks which are
specified as strategic stocks in final stock assessments
under subsection (c).
``(C) Third, fisheries that incidentally lethally take or
seriously injure marine mammals from stocks for which the
level of incidental lethal takes is unknown but is suspected
to be high.
``(D) Fourth, species not described in subparagraph (A),
(B), or (C).
``(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) 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.
``(8) 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.
``(j) Penalties.--Any person who violates the provisions of
this section shall be subject to the provisions of sections
105, 106, and 107 as the Secretary considers appropriate.
``(k) 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 lethal takes and
serious injury to insignificant levels approaching a zero
mortality and serious injury rate.
``(l) Contributions.--For purposes of carrying out this
section, the Secretary may accept, solicit, receive, hold,
administer, and use gifts, devises, and bequests.
``(m) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Commerce
for carrying out this section $15,000,000 for each of fiscal
years 1994, 1995, 1996, 197, 1998, and 1999.
``(n) Section 101(b).--Nothing in this section shall affect
section 101(b).
``(o) 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.
``(p) Definitions.--As used in this section--
``(1) the term `fishery' has the same meaning as it does in
section 3 of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1802);
``(2) the term `Secretary' means the Secretary of Commerce;
and
``(3) the term `vessel of the United States' has the same
meaning as it does in section 3 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1802).
``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 comanagement 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) collection and analysis of 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.--
``(1) Nothing in this section is intended or shall be
construed as authorizing any expansion or change in the
respective jurisdiction of Federal, State, or tribal
governments over fish and wildlife resources.
``(2) Nothing in this section is intended or shall be
construed to alter 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 carrying out this section--
``(1) $1,500,000 to the Secretary of Commerce for each of
fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and
``(2) $1,000,000 to the Secretary of the Interior for each
of fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.''.
(b) Clerical Amendment.--The table of contents in the first
section, as amended by section 14(b), is amended by adding at
the end the following:
``Sec. 118. Taking of marine mammals incidental to commercial fishing
operations.
``Sec. 119. Marine mammal cooperative agreements in Alaska.''.
SEC. 10. PINNIPED TASK FORCE; MANAGEMENT OF CALIFORNIA SEA
LIONS AND PACIFIC HARBOR SEALS.
(a) Task Force.--Section 104 (16 U.S.C. 1374) is amended by
adding at the end the following:
``(i)(1) No later than 90 days after the date of enactment
of the Marine Mammal Protection Act Amendments of 1994, the
Secretary, in consultation with the Marine Mammal Commission,
shall establish a Pinniped-Fishery Interaction Task Force (in
this subsection referred to as the `Task Force') to advise
the Secretary on management practices regarding seals and sea
lions interacting in a dangerous or damaging manner with
fishery stocks.
``(2) The Task Force shall consist of individuals
designated by the Secretary, including--
``(A) employees of the Department of Commerce,
``(B) scientists knowledgeable in pinniped biology and
ecology,
``(C) representatives of conservation organizations, and
``(D) representatives of affected sectors of the fishing
industry, Indian treaty tribes, States, and other interests
as the Secretary considers appropriate.
``(3) The Task Force shall advise the Secretary regarding--
``(A) the level of impact of pinniped stocks on the decline
or recovery of threatened or endangered salmonids and other
declining fish stocks;
``(B) the level of impact of pinniped stocks on other
fishery resources;
``(C) other factors affecting the decline or recovery of
threatened or endangered salmonids and other declining fish
stocks;
``(D) available alternatives to effectively mitigate
negative impacts, including alternative technologies,
relocation of animals, or nonlethal deterrence of animals,
and the estimated cost of such alternatives;
``(E) for negative impacts for which no mitigating
alternatives are known, research to identify such
alternatives; and
``(F) limited intentional lethal takes of pinnipeds.
``(4) The Secretary shall establish within the Task Force a
special committee to advise the Secretary on management
practices regarding seals 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, the
Secretary 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 recommended available alternatives
to mitigate such interactions.
``(5)(A) Any State may petition the Secretary to authorize
the lethal removal of individually identifiable pinnipeds
which are having a significant negative impact on the decline
or recovery of salmonid fishery stocks which have been listed
as threatened species or endangered species under the
Endangered Species Act of 1973 or which the Secretary finds
are approaching endangered species or threatened species
status (as those terms are defined in that Act). Such
authority shall be granted for periods of 1 to 3 years.
Additional authorizations shall be dependent upon the success
of the action. Within 30 days after receiving a petition, the
Secretary shall consult with the Task Force to determine
whether the petition has produced sufficient evidence to
warrant further investigation. If further investigation is
considered necessary, the Secretary shall publish a notice in
the Federal Register requesting public comment.
``(B) Not later than 60 days after the close of the public
comment period for a petition under subparagraph (A), the
Task Force shall recommend to the Secretary whether to
authorize the lethal removal that is the subject of the
petition. If authorization is recommended, the Task Force
shall also recommend--
``(i) a method of removal;
``(ii) criteria for evaluating the success of the action;
and
``(iii) a duration for the authority.
``(C) If authorization is not recommended, the Task Force
shall also recommend nonlethal alternatives, if appropriate.
``(D) Not later than 30 days after the receipt of
recommendations from the Task Force, the Secretary shall
either approve or deny the petition for lethal removal. If
approved, implementation shall occur as soon as practicable.
Lethal removal shall be performed by State agencies or
qualified individuals under contract to such agencies, in
consultation with the Secretary.
``(6) The costs of lethal removal shall be borne in equal
amounts by the Secretary and the State or States having
fishery resources that have been affected.
``(7) Following lethal removal, carcasses or parts of
carcasses shall be made available for bona fide research or
educational purposes upon request.
``(8) The Secretary shall not approve under this subsection
lethal removal for any pinniped from a species or stock that
is listed as a threatened species or endangered species under
the Endangered Species Act of 1973, otherwise depleted, or
specified as a critical stock in a final stock assessment
under section 118(c).''.
(b) Management of California Sea Lions and Pacific Harbor
Seals.--
(1) Cooperative Agreement.--The Secretary of Commerce shall
enter into negotiations with the States of Washington,
Oregon, and California to establish a cooperative agreement
for the management of California sea lion and Pacific harbor
seal populations in those States. The purposes of the
cooperative agreement shall be to--
(A) determine whether California sea lions and Pacific
harbor seals are having a significant negative impact on the
recovery of fishery stocks in those States;
(B) determine the broader impacts of growing populations of
California sea lions and Pacific harbor seals on the coastal
ecosystems of Washington, Oregon, and California; and
(C) develop a plan to--
(i) reduce, to the extent practicable, negative impacts
referred to in subparagraph (A); and
(ii) mitigate impacts referred to in subparagraph (B).
(2) Development and review of draft plan.--No later than 12
months after the date of the enactment of this Act, the
Secretary of Commerce shall develop a draft of a plan
described in paragraph (1)(C) and submit it for review by the
Marine Mammal Commission, independent scientists with
expertise in marine mammal biology and management,
representatives of national environmental organizations, and
other interested persons determined by the Secretary.
(3) Submission of plan to congress.--No later than 18
months after the date of the enactment of this Act, 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) a plan described in paragraph (1)(C); and
(B) a report containing--
(i) responses of the Secretary to comments received from
the review required by paragraph (2); and
(ii) an explanation of any provisions of the plan with
which any of the States of Washington, Oregon, and California
do not agree.
(4) Consideration of other factors.--Any plan under this
subsection shall take into account, in addition to California
sea lions and Pacific harbor seals, other factors that are
slowing or impeding the recovery of fishery stocks or
adversely affecting the coastal ecosystems of Washington,
Oregon, and California.
(5) No legal effect.--A plan under this subsection shall
have no force or effect except as provided by a law enacted
after the date the plan is submitted to the Congress under
paragraph (3).
SEC. 11. 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 subsection (d)(1) shall be
conducted in Alaska. The Secretary 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. 12. TREATY RIGHTS.
Nothing in these amendments alters or is intended to alter
any treaties between the United States and Indian tribes.
SEC. 13. TRANSITION RULE.
Section 114(a)(1) of the Marine Mammal Protection Act (16
U.S.C 1383(a)(1)) is amended by striking ``April 1, 1994,''
and inserting ``on the effective date of regulations
prescribed under section 118,''.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Commerce.--Title I is amended by
inserting after section 115 the following:
``SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
``(a) Secretary of Commerce.--There are authorized to be
appropriated to the Secretary of Commerce for carrying out
functions and responsibilities under title I and title IV,
other than under section 118, $6,636,000 for fiscal year
1994, $7,502,000 for fiscal year 1995, $8,402,000 for fiscal
year 1996, $9,338,000 for fiscal year 1997, $10,311,000 for
fiscal year 1998, and $11,000,000 for fiscal year 1999.
``(b) Secretary of the Interior.--There are authorized to
be appropriated to the Secretary of the Interior for carrying
out functions and responsibilities under title I, $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 $10,500,000 for
fiscal year 1999.''.
(b) Clerical Amendment.--The table of contents in the first
section is amended by inserting after the item relating to
section 115 the following:
``Sec. 116. Authorization of appropriations.''.
SEC. 15. DEFINITIONS.
Section 3 (16 U.S.C. 1362) is amended--
(1) in paragraph (13) by inserting ``harm,'' before
``harass'' each place it appears; and
(2) by adding at the end the following:
``(18)(A) The term `harassment' means any act of approach,
pursuit, torment, or annoyance which--
``(i) has the potential to harm 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, respiration, 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 `harm' means an act which is likely to kill
to injure a marine mammal, significantly reduce its
reproductive potential, or result in habitat modification or
degradation that is likely to significantly impair essential
behavioral patterns.
``(20) The term `strategic stock' means a marine mammal
population or stock--
``(A) for which the level of direct human-caused mortality
exceeds the potential biological removal level; or
``(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.
``(21) The term `potential biological removal level' means
the maximum number of animals, not including natural
mortalities, that may be removed from a marine mammal
population or stock without affecting that population's or
stock's ability to reach or maintain its optimum sustainable
population. The potential biological removal level is the
product of the following factors:
``(A) The best available minimum population estimate of the
population or stock.
``(B) One-half the maximum theoretical or estimated net
productivity rate of the population or stock.
``(C) A recovery factor of between 0.1 and 1.0.
``(22) The term `Regional Fishery Management Council' means
a Regional Fishery Management Council established under
section 302 of the Magnuson Fishery Conservation and
Management Act.
``(23) 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.
``(24) 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.''.
SEC. 16. 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. 17. TECHNICAL AND CONFORMING AMENDMENTS.
The Act is amended--
(1) by redesignating, as title IV, the title III of that
Act that was added by section 3003 of the Marine Mammal
Health and Stranding Response Act (106 Stat. 5060);
(2) by redesignating the sections of that title in order as
sections 401, 402, 403, 404, 405, 406, 407, 408, and 409;
(3) in section 401(b)(3) (as redesignated by this section)
by striking ``304'' and inserting ``404'';
(4) in section 405(b)(1)(A)(i) (as redesignated by this
section) by striking ``304(b)'' and inserting ``404(b)'';
(5) in section 406(a)(2)(A) (as redesignated by this
section) by striking ``304(b)'' and inserting ``404(b)'';
(6) in section 406(a)(2)(B) (as redesignated by this
section) by striking ``304(c)'' and inserting ``404(c)'';
(7) in section 408(1) (as redesignated by this section)--
(A) by striking ``305'' and inserting ``405'', and
(B) by striking ``307'' and inserting ``407'';
(8) in section 408(2) (as redesignated by this section) by
striking ``307'' and inserting ``407'';
(9) in section 409(1) (as redesignated by this section) by
striking ``305(a)'' and inserting ``405(a)'';
(10) in section 409(5) (as redesignated by this section) by
striking ``307(a)'' and inserting ``407(a)'';
(11) in section 102(a) (16 U.S.C. 1372(a)) by striking
``title III'' and inserting ``title IV'';
(12) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by
striking ``title III'' and inserting ``title IV'';
(13) in section 112(c) (16 U.S.C. 1382(c)) by striking ``or
title III'' and inserting ``or title IV''; and
(14) in the table of contents in the first section, by
striking the items relating to the title that is redesignated
by paragraph (2) of this section and the sections that are
redesignated by paragraph (3) 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.''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS FOR MARINE MAMMAL
COMMISSION.
(a) Authorization.--Title II (16 U.S.C. 1401 et seq.) is
amended by adding at the end the following:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Marine
Mammal Commission for 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.''.
(b) Clerical Amendment.--The table of contents in the first
section is amended by inserting after the item relating to
section 206 the following:
``Sec. 207. Authorization of appropriations.''.
SEC. 19. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendments Relating to Definition of Secretary.--
Section 3(12) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1362(12)) is amended in subparagraph (B) by striking
``title III'' and inserting ``title IV''.
(b) Amendments Relating to Definition of Population Stock
and Stock.--Section 3(11) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1362(11)) is amended to read as if section
3004(b) of the Marine Mammal Health and Stranding Response
Act were not enacted (106 Stat. 5067).
(c) Further Corrections to Definitions.--Section 3 (16
U.S.C. 1362) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraph (17) as paragraph (5), and
moving that paragraph so as to appear immediately following
paragraph (4); and
(3) by redesignating the second paragraph (15) (relating to
the definition of the term ``fishery'') and paragraph (16) in
order as paragraphs (16) and (17).
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall be effective as if enacted as part of section
3004 of the Marine Mammal Health and Stranding Response Act
(106 Stat. 5067).
The SPEAKER pro tempore (Mr. Montgomery). Pursuant to the rule, the
gentleman from Massachusetts [Mr. Studds] will be recognized for 20
minutes, and the gentleman from Texas [Mr. Fields] will be recognized
for 20 minutes.
The Chair recognizes the gentleman from Massachusetts [Mr. Studds].
Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
(Mr. STUDDS asked and was given permission to revise and extend his
remarks.)
Mr. STUDDS. Mr. Speaker, over two decades ago--in response to public
concern about the future survival of whales and dolphins--Congress
enacted a moratorium on the killing of marine mammals in the Marine
Mammals Protection Act of 1972 [MMPA]. Its purpose was simple: To
protect and conserve this Nation's marine mammals. At that time, tens
of thousands of dolphins, whales, otters, and other warm-blooded marine
creatures were being killed--some intentionally, others incidentally,
during fishing operations. Back then, our goal was not only to ensure
that stocks of marine mammals did not become depleted, but to help them
to recover to optimum sustainable populations.
Congress also recognized that some fishermen will, in the course of
their operations, inadvertently take marine mammals; that researchers
needed to study them; and that aquariums would be empty unless they
could take a few of these creatures from the wild. Consequently, the
MMPA provided for certain exemptions from the moratorium.
In the 24 years that the MMPA has been on the books, hundreds of
thousands of marine mammals have been saved. Certain stocks, like the
grey whale, have been saved from extinction. Other marine mammals, like
California sea lions and harbor seals, are flourishing. Unfortunately,
despite our best efforts and the protections of the law, some marine
mammal stocks continue to be in trouble.
Mr. Speaker, H.R. 2760 makes a number of important changes to the
MMPA, particularly to the provisions governing the taking of marine
mammals by commercial fishermen. Improving the law to make sure that
fishermen can fish and marine mammals will continue to be protected was
the driving force behind the reauthorization. The interim exemption
under which fishermen are now operating expires on March 30, and
without this legislation we run the risk of having the entire fishing
industry in the country shut down. I believe that through the new
requirements proposed in the bill, we will realize significant advances
toward meeting the goals of the act.
The provisions of the amendment regarding incidental takes in
commercial fisheries:
First, retain the original goal of the MMPA, which is to reduce all
incidental takes of marine mammals to insignificant levels approaching
a zero mortality and serious injury rate.
Second, require the Secretary to establish four regional independent
scientific review groups--for Alaska, the Pacific coast, the Atlantic
coast, and the Gulf of Mexico--to work with the agency on the
preparation of stock assessments for each marine mammal stock taken
incidental to commercial fishing operations. The stock assessments will
address the status of marine mammal stocks, levels of incidental take,
and a potential biological removal level that would identify the
maximum number of animals that can be taken from each stock without
disadvantaging the stock.
Third, directs the Secretary to issue a general authorization
allowing fishermen to incidentally take nonendangered, nonthreatened,
marine mammals if they comply with registration, monitoring, and
reporting requirements; and establishes strict permitting procedures
for very limited takes of endangered or threatened species.
Fourth, requires the establishment of take reduction plans for marine
mammal stocks. The goal of these plans would be to reduce incidental
takes to less than the potential biological removal level within 2
years, and to reach the zero mortality rate goal within 5 years. Plans
would be developed by regional teams working with the Secretary. In an
effort to assure as much public participation as possible, these teams
would include representatives from coastal States regional fishery
management councils, scientific organizations, environmental groups,
the fishing industry, Alaska Natives, treaty tribes, and whoever else
the Secretary deems appropriate. To assure that the process is as fair
as possible, we have also required that the teams include an equitable
balance among user and nonuser interests.
Overall, the proposed new management regime would establish a process
of broad public participation, team effort, and good science that will,
I believe, finally allow us to achieve the original goal of this law.
The bill also addresses other important issues, which I will briefly
summarize.
First, the bill establishes a Pinniped Interaction Task Force to
advise the Secretary on the level of impact that seals and sea lions
are having on fishery resources and how to mitigate those impacts. The
bill also authorizes the Secretary to allow the intentional lethal
removal of pinnipedds that are having a significant negative impact on
the decline or recovery on threatened or endangered salmonid fishery
stocks or on salmonid stocks which the Secretary finds are approaching
endangered or threatened species status.
Second, the bill simplifies existing overly burdensome permit
restrictions on the scientists whose lives are dedicated to studying
and saving these animals.
Third, finally, the bill adds important provisions to the act that
strengthen our ability to protect marine mammal habitats. Among other
things, these include a requirement for the Secretary to convene
workshops to address marine ecosystem protection in the Bering Sea and
the Gulf of Maine--two areas of vital importance to the future of
marine mammal populations--and to report back to Congress with
recommended legislative, research, and regulatory actions.
I am pleased to be able to inform you that the administration
supports the legislation, and that the most extensive section of the
bill--establishing a new program to manage interactions between marine
mammals and commercial fisheries--is supported by some of the largest
environmental groups, including Greenpeace, the Center for Marine
Conservation, the National Audubon Society, and the World Wildlife
Fund. That section of the bill is also supported by a number of fishing
organizations.
I want to thank my colleagues on the committee, particularly Mr.
Fields and Mr. Young, for their patience and their cooperation over the
last few months as we have worked to pull together a bill with broad
bipartisan support. We will continue to work together with our friends
in the other body to enact a law that works, both for fishermen and for
marine mammals.
Twenty years ago, tremendous public outcry over the deaths of
millions of dolphins in the tuna fishing industry was responsible for
the enactment of the MMPA. It was, and still is, a landmark
environmental law. Overall, it has worked. Today, the number of
dolphins and other marine mammals that are accidentally taken during
fishing operations has been reduced by an order of magnitude. As our
knowledge and understanding of the environment grows, we are now forced
to focus on a new concern: the protection of the marine ecosystems on
which these animals depend. These are the same ecosystems on which our
fishermen depend and, ultimately, on which we all depend. I believe
this bill begins that process of change.
Mr. Speaker, I reserve the balance of my time.
Mr. FIELDS of Texas. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FIELDS of Texas asked and was given permission to revise and
extend his remarks.)
Mr. FIELDS of Texas. Mr. Speaker, I rise in strong support of H.R.
2760, a bill to reauthorize the Marine Mammal Protection Act [MMPA] of
1972.
The MMPA governs a variety of subjects, including public display,
scientific research, subsistence use of marine mammals, and the
incidental take of marine mammals during commercial fishing operations.
During the past year, the Committee on Merchant Marine and Fisheries
held a number of hearings to consider various reauthorization issues.
It was a pleasure working with you, Chairman Studds, and other Members,
to draft the language that was adopted last week at our committee
markup. While there may be a difference of opinion on certain isolated
provisions, the language is indeed a consensus document that is the
result of hundreds of hours of hard work, determination, and
compromise, and represents a bipartisan effort of the committee.
Mr. Speaker, as you know, our committee is being driven by an April
1, 1994, deadline to reauthorize the act. I believe the language
outlined in the bill governing the interaction of commercial fishing
activities with marine mammals will not be overburdensome. It uses good
science through the establishment of scientific working groups and take
reduction teams, stock assessments, and the determination of critical
stocks. This information is vital in order to make rational decisions
based on science rather than emotion or moral judgments.
H.R. 2760 also allows the importation of polar bear trophies from
Canada--a country whose polar bear population is healthy. Canada's
management program is based on science, which ensures a sustainable
polar bear population, and is consistent with international
conservation agreements. The bill ensures that conservation of polar
bears worldwide is not compromised in any way.
H.R. 2760 also addresses the authority to grant permits for public
display, clarifies the roles of various Federal agencies, provides for
the welfare of the marine mammals, and meets the needs of the public
display community.
Again, Mr. Speaker, it was a pleasure having the opportunity to work
with Chairman Studds and Congressman Young to ensure that our marine
mammal resources are properly managed in the future. I support adoption
and urge all Members to vote ``aye'' on this important legislation.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Florida [Mr. Goss].
(Mr. GOSS asked and was given permission to revise and extend his
remarks.)
Mr. GOSS. Mr. Speaker, American commercial fishing fleets need this
bill to pass before the April 1 deadline--or they face severe
consequences. I understand this fact. However, the legislation we are
considering reauthorizes for 6 years a law which has a tremendous
impact on coastal States. Yet H.R. 2760 was moved through subcommittee
and committee markups to be considered on the floor under the
suspension process, which effectively prevents Members from exercising
their right to offer amendments on the floor. I predict that in our
rush, we will end up with a less-than-best piece of legislation, or at
least one with significant omissions. For instances, I would have liked
to have worked out and offered an amendment to allow States to provide
additional protection for marine mammals which reside in State waters.
By so amending the Marine Mammal Protection Act [MMPA], we could close
a loophole that actually hinders or removes protection for marine
mammals in some instances. I believe that it is an unfortunate irony
that under the current rules of the MMPA, States are denied the ability
to safeguard specific populations of mammals in certain carefully
designated waters of their own. In my State of Florida, there are laws
on the books which would prohibit the capture of marine mammals in
areas known as aquatic preserves, which are specifically defined by
statute, and have clearly defined borders. These areas have been set
aside because the duly elected government of Florida has publicly and
in the sunshine decided that the preservation of the natural resources
within these boundaries is vital to the public interest. Many public
hearings have occurred. But the Marine Mammal Protection Act
unfortunately, and I believe inadvertently, preempts Florida's--and any
other State's--efforts to responsibly protect natural resources. Mr.
Speaker, that is unfinished business that needs attention. I will
pursue it another day, in difference to the need to move H.R. 2760, but
I regret the procedure we are using today.
Mr. BILIRAKIS. Mr. Speaker, Florida currently holds about 40 percent
of all captive dolphins. In addition, most of the dolphins that are
seen in theme parks across the country were probably captured in
Florida waters, This also holds true for dolphins exported to other
countries.
In 1972, Congress passed the Marine Mammal Protection Act [MMPA], to
ensure that these mammals were maintained at, or restored to, healthy
population levels. The act established a moratorium on taking or
importing marine mammals except for certain activities regulated and
permitted under the act. These permitted activities include public
display and scientific research.
Unfortunately, jurisdiction over marine mammals has been divided
among several agencies and I believe we have had a class example of the
dangers of Federal bureaucracy. We have several agencies contradicting
one another with regard to this act, and in some cases, the agencies
have not ensured that dolphins are being treated humanely and captured
properly.
In the 102d Congress, I introduced legislation titled The Marine
Mammal Capture, Export and Public Display Act. I reintroduced this
legislation in the 103d Congress.
Thus, I am pleased today that the committee has incorporated a few
key provisions from my legislation into H.R. 2760. After working with
the Chairman Studds and the ranking member on the subcommittee,
Congressman Young of Alaska, I believe we have been able to accomplish
much of what I proposed. It has been a pleasure to work with my
colleagues to amend the act and make needed reforms.
The intent of this bill is to protect dolphins held in captivity and
to reform the procedures which are designed to protect their health and
safety.
One of the provisions incorporated in this legislation concerns
marine mammal export. Currently, the Marine Mammal Protection Act is
silent on the export of marine mammals either caught in U.S. waters or
bred in U.S. zoos and aquaria.
The provision incorporated in H.R. 2760 will end this silence and
help equalize the treatment of dolphins in the U.S. and foreign
countries. I believe it is simply hypocritical to place stringent
requirements on theme parks and oceanariums in this country but allow
dolphins to be exported to other countries where they may be
mistreated.
H.R. 2760 provides that 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 the standards of the United States.
H.R. 2760 also provides that the secretary of the national marine
fisheries service shall establish an inventory of all marine mammals
possessed pursuant to permits issued. Under this provision, the
secretary must keep a record of the date of death of the marine mammal
and the cause of death when determined.
These provisions, which were also contained in my original bill will
help to ensure an accurate tracking system will be maintained. Thus, in
turn, will add greatly in the enforcement of other provisions of this
act.
Once again, I would like to thank Chairman Studds and the Merchant
Marine and Fisheries Committee for their work on this important
legislation. The inclusion of the export and inventory provisions are a
significant step forward in dolphin protection. I hope that we examine
closely the secretary's findings as an inventory is kept, so that we
can continue to upgrade this legislation to ensure that marine mammals
are treated in a humane manner.
Mr. HUGHES. Mr. Speaker, I rise today in support of H.R. 2760,
legislation to reauthorize the Marine Mammal Protection Act.
Congress established the MMPA in 1972 to protect dolphins, whales and
other marine mammals from the adverse effects of fishing and other
human activities. MMPA banned the capture or import of marine mammals
except for research or public display. Although the act has always
allowed the incidental taking of some marine mammals during fishing
operations, a 1988 amendment to the MMPA required an end to all
incidental takings by 1993. In the meantime, Congress directed the
National Marine Fisheries Service to develop a long range plan to
preserve these mammals.
On July 27, 1993, the distinguished chairman of the Merchant Marine
Committee, Mr. Studds, introduced H.R. 2760, the Marine Mammal
Protection Act amendments of 1993, to reauthorize the MMPA for 6 years.
That bill was a good starting point, but as it turned out, we still had
a long way to go. As the committee began looking more closely at the
issues surrounding the MMPA, it became evident that we needed more time
to address a wide range of questions regarding marine mammal protection
and incidental takings. Consequently, the committee approved and
Congress passed a simple extension of the act to give us until April to
complete work.
The bill that is before us now is the result of some extraordinary
work that was done by Chairman Studds and the distinguished gentleman
from Alaska [Mr. Young], during that extended period.
H.R. 2760 would impose a prohibition on the intentional killing of
marine mammals. The bill correctly aims to reduce accidental marine
mammal deaths from encounters with fishing operations to levels
approaching zero within 5 years of enactment. It requires the
Secretaries of Commerce and Interior to perform and publish stock
assessments for all marine mammal populations occurring in U.S. waters
that might be adversely impacted by fishing operations or other
activities. The secretaries must establish take reduction teams
comprised of scientists, environmentalists, government officials and
representatives of the fishing industry. These teams, in turn, must
develop plans to reduce the level of accidental marine mammal deaths to
near zero. The legislation would also grant the Secretaries regulatory
and emergency powers to address any activities that are having an
immediate and significant adverse impact on a stock of marine mammals.
H.R. 2760 also lessens some of the bureaucratic burden on the
scientific and display community. Under this legislation, holders of
display or scientific permits will no longer have to apply for permits
to transfer or sell marine mammals from one licensed facility to
another. From now on, they will merely have to notify the secretary of
the transfer or sale in advance of the transaction. The legislation
also adds new export language requiring that a receiving facility meet
the standards of the Animal Welfare Act.
Let me say that this is not a perfect bill. I do not feel
uncomfortable saying that, because it is a fact that the chairman
himself has pointed out repeatedly. There are some provisions in the
bill that concern me, such as the language that will allow--for the
first time in 22 years--the importation of polar bear trophies or
viscera into this country. I believe that Chairman Studds, Mr. Fields
and Mr. Young have crafted the language to be as narrow and protective
of the polar bear as possible--a fact which is evidenced by the
provisions regarding international polar bear conservation. Yet, I
remain concerned about the policy implications of putting the Secretary
of the Interior in the position of giving DE FACTO approval to Canada's
polar bear hunt, when it is the stated goal of the MMPA to end the
intentional killing of marine mammals. Having said this, I should point
out that I did support the chairman in committee on this issue because
I understand the importance of moving this legislation and the care
with which my colleagues wrote the provision.
While I support removing needles bureaucratic tape from the
scientific and display communities, I also remain concerned about the
animal plant health inspection service's enforcement of the Animal
Welfare Act with respect to marine mammals. In the last session, I
joined with Congressman Bilirakis as an original cosponsor of his bill,
H.R. 656, which would mandate--among other things--that Aphis update
its regulations. I believe it is time for Aphis to review and revise
their regulations and to strengthen their enforcement of the AWA, and I
will be working with Mr. Bilirakis and others to make sure that our
captive marine mammals are treated humanely.
I want to express my gratitude and appreciation to the Chairman, Mr.
Young and their staffs for their hard work on a difficult task. I
especially want to thank Karen Steuer and Rod Moore for their work and
their efforts to accommodate me in making some changes to the final
bill. This is a balanced bill that will go a long way toward improving
the protection of marine mammals, while at the same time allowing our
fishermen to continue to do their job.
I urge my colleagues to pass this measure.
Mr. GILMAN. Mr. Speaker, I am pleased to rise in support of H.R.
2760, legislation that reauthorizes the Marine Mammal Protection Act
through fiscal year 1999. I commend the distinguished gentleman from
Massachusetts [Mr. Studds], who is also the chairman of the House
Merchant Marine and Fisheries Committee, for introducing this
worthwhile legislation. I strongly believe that the reauthorization
legislation that we are discussing today, represents a fair compromise
that will continue to prevent the extinction of marine mammals.
By amending the Marine Mammal Protection Act of 1972, the original
legislation is strengthened, and will continue to ensure the well being
of porpoises, seals, and other marine mammals.
H.R. 2760, will improve the Marine Mammal Protection Act in a variety
of ways. First, H.R. 2760, will establish a new system to govern the
incidental taking of marine mammals in the course of commercial fishing
operations. This legislation allows permits to be issued for the
incidental taking of endangered or threatened marine mammals, if
certain criteria are met. Also, the Secretary of Commerce is required
to issue a general authorization allowing for the incidental taking of
marine mammals during commercial fishing operations. However, the
fishing industry must comply with strict registration guidelines, as
well as monitoring and reporting regulations. H.R. 2760, also calls for
fishermen, government representatives, biologists, and
environmentalists to work with the Secretary of Commerce in developing
long-term conservation plans for marine mammals.
Other highlights of H.R. 2760, include: A provision allowing
individuals to take or import marine mammals for the purpose of public
display, if certain criteria are met; a provision requiring the
Secretary of Commerce to establish a task force to study the impact
that seals and lions have on salmonid fish stocks; and a provision to
allow American sport hunters, who legally kill polar bears in Canada,
to bring their trophies back into the United States.
I am pleased to support the reauthorization of the Marine Mammal
Protection Act. I believe that this compromise legislation will
continue to maintain our marine mammals, who without the protections
might become extinct, while at the same time this legislation will
enable our commercial fishermen to operate their businesses.
Mrs. UNSOELD. Mr. Speaker, I rise in strong support of H.R. 2760, our
committee's bill to reauthorize the Marine Mammal Protection Act, and
ask unanimous consent to revise and extend my remarks.
The MMPA's success in restoring marine mammal populations on the west
coast is evident by the robust species of California sea lions and
Pacific harbor seals that range throughout Washington, Oregon, and
California. These mammals contribute much to the unique nature of our
marine ecosystems, and are enjoyed by both residents and visitors
alike.
This success, however, is tempered by the public's perception that
there are growing problems caused by robust species. Sea lions and
seals have crowded public areas, plaguing efforts to rebuild salmon and
steelhead runs and closing shellfish beds due to threat of fecal
contamination.
The public perception in the Northwest is that Federal and State
wildlife managers are turning a blind eye to these problems because of
the controversy that surrounds taking any action relating to these
animals. Wildlife managers appropriately respond by pointing out that
the MMPA's strictures make it virtually impossible to respond
effectively to problems as they are developing. The result has been an
unorganized and ad hoc response that merely delays meaningful
discussion of long-term solutions.
Our committee's bill attempts to respond to these concerns with two
provisions aimed at providing some structure into the identification
and response to problems associated with robust species of marine
mammals on the west coast.
First, to address immediate, short-term problems--whether real or
perceived--our committee's bill establishes a pinniped/fishery
interaction task force to advise the Secretary of Commerce on ways to
minimize negative interactions. The bill also provides for States to
petition the Secretary to authorize lethal removal of individually
identifiable pinnipeds which are having a significant negative impact
on the decline or recovery of a salmonid fishery which is or may be
becoming threatened or endangered.
For the long-term, our committee's bill directs the Secretary to sit
down with the States of Washington, Oregon, and California to identify
problems caused by robust species of marine mammals and to develop a
broad range of options for each of the problem areas. The product of
these discussions would be a draft management plan that would be
reviewed by the Marine Mammal Commission, independent scientists, and
environmental interests. The plan, along with comments generated during
the review process, would then be submitted to this committee. The
cornerstone of this amendment is that any management options proposed
in the Federal/State plan not already authorized by existing law would
require approval by this committee and Congress before being
implemented.
Mr. Chairman, I want to make it clear I do not claim that seals and
sea lions are what's causing the decline of our salmon runs in the
Northwest, and any attempt to make them the scapegoat is wrong.
However, if our struggles with forests and fish in the Northwest have
taught us anything, it's that we must act pro-actively in managing our
resources before the endangered species listings and the crises and the
devastation began.
Finally, our committee's bill represents a major step forward in
minimizing the type of harmful interactions with commercial fishing
operations which would threaten marine mammal populations. The new
regulations which will result from the legislation stem from a long
series of meetings between representatives of the animal protection
community and the commercial fishing industry. These negotiations,
which took several months, resulted in a joint proposal which
represented compromises on both sides. However, the bottom line is that
the protection of marine mammals will be greatly enhanced. These
improvements do not come without some cost on the part of the fishing
industry, and we are very pleased that commercial fishermen have
realized that the protection and restoration of marine mammal stocks is
in the long-term interest of all users of the marine environment.
The current regulatory regime under which our commercial fishing
industry is operating expires at the end of this month. These
regulations have already been extended by Congress once and it is
imperative that we replace this stop-gap measure with permanent
legislation that will provide longer term solutions to these issues.
Mr. YOUNG of Alaska. Mr. Speaker, I request permission to revise and
extend my remarks.
Mr. Speaker, I rise in strong support of this bipartisan bill and
urge its adoption by the House.
This bill is the result of three hearings, numerous meetings, many
written comments, and literally hundreds of hours of work by the
committee staff. Karen Steuer and Tod Preston of the majority staff,
and Rod Moore and Tom Melius of the minority staff, have labored late
into the night and around the clock on weekends to assist the members
of our committee on putting together a bill that is supported by
fishermen, processors, environmental groups, wildlife conservation
organizations, individual States, Native Alaskans, zoos and aquariums,
scientists, and the administration.
Even more important is the hard work put into this bill by the
chairman of our committee, Gerry Studds. Chairman Studds has been
criticized by some extreme animal rights groups for his willingness to
act in a fair and reasonable manner when dealing with the many
difficult issues that this bill presents. That criticism is unjustified
and unfair and should be condemned.
During the 21 years that I have served in the House, I have always
known Chairman Studds to be a leader in efforts to conserve our natural
resources. Even when we have been on opposite sides of an issue, he has
been willing to listen to all points of view. Many of the major
resource conservation bills that our committee has seen enacted into
law over the years have been the result of Chairman Studds' efforts. He
should be applauded for those efforts.
This bill attempts to finally solve a major problem that exists in
the ocean. Fishermen catch fish; so do marine mammals. Unfortunately,
as much as they try to avoid it, fishermen also catch marine mammals.
When the Marine Mammal Protection Act was passed by the Congress in
1972 under the leadership of our colleague, John Dingell, the problem
of interaction between fishermen and marine mammals was recognized and
a permit process was included that encouraged fishermen not to catch
marine mammals, but exempted them from penalties if they did. However,
in 1987, a Federal court decision effectively made that process
useless.
In 1988, we passed a set of amendments to the act allowing a 5-year
exemption for fishermen while a new incidental take process was
developed. That process is what we have in our bill today. We have
provided for increased research on marine mammals stocks and the
development of take-reduction plans designed to reduce--as low as
possible--the number of marine mammals taken. This is a major change in
the way our fishermen will be forced to operate.
In establishing this system, two things should be made clear: First,
fishermen want to be part of the regulatory system and we expect the
Federal Government to work with--not against--U.S. fishermen in
developing take-reduction plans. Second, this system relies on
providing good scientific information. We authorize the resources
necessary to get this information and we expect the Federal Government
to carry out its obligations.
This system will not work if Federal agencies try to ignore the input
of fishermen or try to force decisions based on bad data. If we find
that the Federal Government is not cooperating or is trying to use this
bill to promote some other policy agenda, I promise you that we will be
back in this House Chamber setting things right.
In addition to the sections of this bill dealing with fisheries, we
have also included a number of amendments clarifying the respective
roles of Federal agencies in regulating zoos and aquariums. These
amendments are necessary to avoid excessive regulatory zeal on the part
of the Federal Government, which has attempted to ignore the clear
intent of Congress in the act.
Finally, the bill makes absolutely clear that nothing in the
fisheries section in any way affects the rights of Alaskan Natives that
were granted by section 101(b) of the act. Further, the bill authorizes
the continuation of the successful comanagement agreements between the
Federal Government and Alaska Native organizations regarding marine
mammals and encourages the Federal Government to enter into new
agreements for other species.
Mr. Speaker, this is a good, bipartisan, conservation bill. I urge
all Members to support it.
Mr. CUNNINGHAM. Mr. Speaker, I rise in strong support of H.R. 2760,
and ask unanimous consent to revise and extend my remarks. Mr. Speaker,
the reauthorization of the Marine Mammal Protection Act has been an
arduous task and I would like to thank the chairman and the ranking
minority members, Mr. Fields and Mr. Young, for their leadership and
guidance throughout this process.
Since the MMPA was enacted in 1972, it has served to protect various
marine mammal populations in the wild from various human threats. The
act also safeguards marine mammals by managing human activities
affecting them in their natural habitat.
I am aware that there are many sections of this bill that address
myriad issues, but I would like to focus on one important portion of
this bill that deals with the regulation of and interaction of the
agencies that oversee the issue of public display. Through the years,
there has been much confusion over what role each agency should play.
Most recently, this confusion was demonstrated in October, when the
National Marine Fisheries Service issued their proposed permit
regulations.
I would like to thank the chairman and Mr. Young for clarifying the
confusion that this proposed rule caused, and for correcting the
problem between agencies. The amendments regarding public display are
intended to establish a clear public policy regarding the regulation of
activities affecting marine mammals in zoological settings. Over the
past 5 years, there has been much confusion in the zoological community
due to overlapping jurisdictions. Permits have been delayed for
unreasonable periods of time and unnecessary, burdensome, and improper
conditions have been attached to such permits.
In addressing this problem, we in committee were able to reaffirm
that the standards for the humane handling, care, treatment, and
transportation of marine mammals are established under the Animal
Welfare Act [AWA] and are developed and administered exclusively by the
Animal Plant Health Inspection Service [APHIS] within the Department of
Agriculture.
This was done to clarify that the National Marine Fisheries Service
cannot set its own standards, by regulation or by attaching to the
permits general or specific conditions relating to captive maintenance,
since the National Marine Fisheries Service has no authority to do so
under the Animal Welfare Act, and still does not have authority to do
so under the reauthorization of the MMPA.
Rather, in deciding to issue a permit to an individual or entity that
would allow them to ``take;'' that is, collect from the wild, or import
a marine mammal for purposes of public display, the only determination
that NMFS can make, from the perspective of captive maintenance, is
whether the individual or entity has an APHIS license or registration.
Possession of such a license automatically means that the licensee's
standards for the humane handling, care, treatment, and transportation
of the marine mammals to be taken and imported meet the requirements of
the Animal Welfare Act.
Section 102(a) of the act has been amended by deleting the words
``for any purpose or any way connected to the taking of marine
mammals.'' The deleted words are now replaced by the words to ``take or
import.'' In addition, the words ``and after'' in section 104(c)(1)
were deleted. The Intent of these amendments is to clarify that the
conditions that the Secretary may include in a section 104(c) permit
concerning the ``supervision, care, and transportation that must be
observed pursuant to such taking or importation'' only pertain to the
actual take from the wild, that is, capture and collection; or import
but not to the subsequent supervision, care, and transportation of
marine mammal in captivity. After the taking or importation, the
standards for the care and maintenance of the marine mammal are
established by the Animal Welfare Act and the regulations issued
thereunder.
Further, this amendment clarifies that the act's prohibition with
regard to the ``take'' of marine mammals refers to the collection of
marine mammals from the wild. After a marine mammal is lawfully
collected; for example, under a section 104 permit, the Secretary does
not have the authority to regulate the subsequent captive maintenance
of the animal.
It has also been clarified that NMFS may issue, as has always been
the case, ``one-time'' permits to take or import marine mammals for
purposes of public display. These permits need not be renewed by NMFS
periodically once the marine mammal is taken or imported. They are, as
also has been the case since the original passage of the MMPA, permits
to individuals or entities in relation to the take or import of
scientific marine mammals.
Once a marine mammal is taken or imported pursuant to a permit, then
it, or its progeny will no longer require any additional permit or
authorization in order to possessed, sold or purchased, transported,
exported, or offered to be sold or purchased if the persons involved in
any subsequent transaction, meet the requirements that would be
necessary under the MMPA to obtain a permit for the purposes of public
display, or scientific research or enhancing the survival of a species
of stock.
The committee also intends by these amendments to establish the
policy that determinations made by the Secretary of Commerce with
regard to education or conservation programs are limited to whether
programs are based on professionally recognized standards of the public
display community; such as, but not limited to, standards already in
place for members of the American Zoo and Aquarium Association. The
Secretary does not have the authority under this provision to establish
any standards or regulations regarding education or conservation
programs. This amendment to the current law is consistent with the
first amendment of the Constitution which essentially prohibits the
Government from issuing ``content-based'' regulations.
The committee also believes that a person should have the same rights
with respect to the progeny of a marine mammal taken or imported under
section 106(c) as those rights granted for the take of a marine mammal
for public display. Thus, a permit for the purposes of public display
grants the possessor of the marine mammal and its progeny the right,
under certain circumstances, to subsequently purchase, offer to
purchase, possess, or transport, sell, export, or otherwise transfer
possession of the progeny, without the need to obtain any additional
permit or authorization under the MMPA.
The persons involved in any subsequent transaction must meet the
requirements that would be necessary under the MMPA to obtain a permit
for purposes of publicly display, scientific research, or enhancing the
survival of a species or stock.
Finally, the committee intends to establish that existing permits,
issued prior to the enactment of these amendments, are automatically
modified to be consistent with these amendments. Thus, for example, any
terms or conditions that the Secretary has incorporated into existing
permits that relate to actual public display of the marine mammals; in
the inspection of public display facilities and related records; or the
captive maintenance or the standards for the humane handling, care,
treatment, and transportation of marine mammals after they are taken or
imported pursuant to a permit to take or import for purposes of public
display; are null and void.
I believe the changes adopted in the Merchant Marine and Fisheries
Committee will clear up the confusion over public display. Aquariums
and zoos have faced substantial ambiguity in this area, but the
language before us should solve this problem.
Mr. Speaker, again, I salute Chairman Studds, Congressman Fields, and
Congressman Young for their hard work on this issue. H.R. 2760 is an
excellent bill, with strong bipartisan support. I urge the House to
pass it without delay.
Ms. SNOWE. Mr. Speaker, I would like to thank Mr. Studds, Mr. Saxton,
Mr. Young, and the other members of the committee for including
language in H.R. 2760 to create a special committee of the Pinniped-
Fishery Interaction Task Force that will study the problem of seal
predation on aquaculture pens in Maine. Mainers and visitors to my
State very much enjoy and appreciate the healthy populations of seals
living along our coast. Seals account for a significant share of
coastal Maine's great appeal to people all over the world.
But unfortunately, as Maine's salmon aquaculture industry has
developed in recent years, some seals have begun to invade fish pens
for an easy meal, damaging the pens and releasing fish in the process.
The Maine aquaculture industry estimates the cost of this damage in the
millions of dollars. Not all seals exhibit this predatory behavior, but
the ones that do seem to repeat their predations. Clearly, something
must be done to ensure the peaceful coexistence of both seals and the
aquaculture industry on the coast of Maine.
The special committee of the Pinniped-Fishery Interaction Task Force
will analyze the problem in Maine, identify existing nonlethal means of
mitigation, recommend research on additional means of mitigation, and
examine whether limited intentional lethal takes of seals should be
permitted if nonlethal alternatives do not succeed in protecting salmon
pens from seals. The committee membership will include industry
officials, State officials, environmentalists, and scientists from the
affected region, and the bill requires the special committee to submit
its report within 2 years of enactment.
The special committee idea represents a considered response to the
seal-aquaculture interaction problem in Maine, and I look forward to
the constructive contribution that the special committee's work will
make to a responsible resolution of the problem.
Mr. Speaker, I intend to support H.R. 2760, but not without a serious
reservation. Section 9 of the bill on commercial fishing operations
establishes a goal of reducing by-catch for marine mammals stocks
designated as strategic below the level of potential biological removal
within 1 year of the completion of a take reduction plan. I fear that
in the case of the harbor porpoise, this goal could be too ambitious
for the Maine gillnet industry.
In New England, gillnet interactions have contributed significantly
to the decline of the harbor porpoise species, which is now estimated
at about 47,200 animals in the Gulf of Maine. Gillnetters in Maine with
whom I have spoken express a sincere regret that harbor porpoises
become entangled in their nets and drown. They respect and appreciate
the harbor porpoise, as do any of us here today, and they are
determined to reduce their by-catch of the species. In fact, harbor
porpoise/gillnet interactions in the Gulf of Maine appear to have
declined dramatically from 2,400 animals in 1990 to 900 in 1992.
Under amendment 5 to the northeast multispecies fishery management
plan, gillnet fishermen will be required to substantially reduce harbor
porpoise by-catch, initially through time-area closures. Harbor
porpoise by-catch will almost certainly continue to decline as a result
of these measures.
But if, in the future, these time-area closures expand and become too
long, and the area covered too large, fishermen could be put out of
business. Luckily, research conducted to date on pinger devices, which
emit unpleasant sounds that deter porpoises from gillnets, has been
promising. Although more research is needed, pingers could help meet
the dual goals of protecting the harbor porpoise population in the Gulf
of Maine while giving fishermen a chance to make a living.
I firmly believe that the Maine gillnet fleet will find a way to
reduce its by-catch below PBR in a manner which enables them to keep
fishing, but 1 year, as proposed in the bill, may be too short. I
requested a 4-year deadline period to meet PBR, but the committee
declined my request.
While I am disappointed that the committee could not accommodate the
Maine gillnet fleet, I should point out that the bill only establishes
a 1-year goal, not a hard compliance deadline, so I do not expect
fishermen to be penalized for not meeting this ambitious goal if they
are making a serious effort to reduce by-catch.
In the meantime, I appreciate the committee's strong encouragement,
in the bill report, of the National Marine Fisheries Service's
continued involvement with gillnet gear modification research,
particularly with regard to pinger devices. This technology could
provide a big part of the answer in resolving the gillnet-harbor
porpoise interaction problem.
Again, I thank the committee for responding to my request on seal-
aquaculture interactions in Maine, and I look forward to working with
the committee in the future on the harbor porpoise/gillnet issue.
Mr. McDERMOTT. Mr. Speaker, I commend the Merchant Marine and
Fisheries Committee and, in particular, its distinguished chairman, the
gentleman from Massachusetts [Mr. Studds], for the long hours of work
dedicated to bringing this bill to the floor. From the opening days of
the 103d Congress, the chairman and the committee have struggled with
this complex and contentious legislation.
At the heart of the committee's quandary was the question of when,
and under what circumstances, to sanction the killing of a marine
mammal. Many residents of the Pacific Northwest are justifiably upset
over the alarming decline of the region's anadromous fish populations.
And marine mammal species that consume large numbers of weak salmon
stocks understandably are targets of this frustration.
The committee's struggle mirrors one that has been ongoing in my
district at the Hiram M. Chittendon Locks for more than a decade.
Commonly called the Ballard Locks, this facility is the site of perhaps
the most publicized and controversial encounter between marine mammals
and a fish species. Each year from January to May, as they gather in
the channel leading to the Locks, California sea lions are estimated to
consume up to 60 percent of a Lake Washington Steelhead run now on the
brink of extinction.
To be sure, the California sea lions that appear annually at the
Ballard Locks are not to blame for the decline of the Lake Washington
steelhead runs. That blame is more fairly attributed to the decades of
urban development that has destroyed valuable spawning habitat, altered
natural river courses, and poured pollution into our waters.
But it has become clear that the survival of the steelhead may depend
upon the option to kill the sea lions that feed upon them at the
Ballard Locks. Annually, more than 1,600 returning steelhead are needed
to sustain the population, but so far this winter fewer than 50 fish
have passed through the fish ladder at the locks. As the number of
spawning steelhead returning from open sea declines, it becomes all the
more critical to protect them from predation by sea lions at the locks.
For this reason, I am not opposed to the provision in this bill which
allows States to petition the Secretary of Commerce for permission to
remove sea lions by lethal means.
Also, I am supportive of the task force established in this
legislation to advise the Secretary on all matters related to the
management and protection of marine mammals. In the long run, a task
force embracing diverse opinion will improve our understanding and
management of marine mammals and their interaction with fish stocks.
However, these two measures alone do not address adequately the
current crisis my constituents are facing at the Ballard Locks. Last
November, I formed a local task force that recommended immediate steps
to be taken to protect the current run of spawning steelhead from sea
lion predation. Among the recommendations was a fish tracking study to
be conducted by the appropriate State and Federal fisheries agencies.
This study is the first of this kind in which scientists have been able
to track movement of fish through the area of predation at the locks,
and it is critical that we continue to build upon the knowledge we gain
from this study.
I have been working with the Merchant Marine and Fisheries Committee
staff and members of the committee from the Pacific Northwest to amend
the Marine Mammal Protection Act to authorize additional money for the
purpose of identifying and constructing fish passage and fish ladder
improvements at the Ballard Locks to aid in the recovery of salmonid
fishery stocks. This authorization would help my constituents pursue
any reasonable measure to protect steelhead and minimize predation upon
them by sea lions. Although this authority may already exist in the
abstract, congressional direction is necessary to give our efforts the
high priority they merit.
Although the committee did not act upon my request for additional
language, it is my steadfast belief that that language must be included
in the final bill. As the bill is moving under suspension of the rules,
I hope to ensure that this issue is addressed in conference. I
understand that Senators Murray and Gorton have included language in
the Senate bill similar to that which I proposed in the House. I hope
that the issue can be resolved when the House and Senate meet to
reconcile their versions of the Marine Mammal Protection Act, at which
point I will be pleased to support the bill.
In my efforts to resolve the conflict at the Ballard Locks, I have
learned that we can overcome disagreements over management of marine
mammals if we respect the values inherent in the diverse positions. No
one I have encountered wants to kill sea lions for frivolous reasons.
And no one wants to stand by while the Lake Washington steelhead run
disappears. Having recognized the validity of the various sides, it is
possible to move toward a reasonable common ground, and I appreciate
the efforts of the Merchant Marine and Fisheries Committee to do so.
Mr. FIELDS of Texas. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. STUDDS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts [Mr. Studds] that the House suspend the
rules and pass the bill, H.R. 2760, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to
authorize the Marine Mammal Protection Act of 1972 for 6 fiscal years,
to establish a new regime to govern the incidental taking of marine
mammals in the course of commercial fishing operations, and for other
purposes.''
A motion to reconsider was laid on the table.
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