[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]


                              {time}  1250
 
            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.

                          ____________________