[Congressional Record Volume 140, Number 32 (Monday, March 21, 1994)]
[Senate]
[Page S]
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[Congressional Record: March 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


                      MARINE MAMMAL PROTECTION ACT

                                 ______


                 KERRY (AND STEVENS) AMENDMENT NO. 1550

  Mr. JOHNSTON (for Mr. Kerry for himself and Mr. Stevens) proposed an 
amendment to the bill (S. 1636) to authorize appropriations for the 
Marine Mammal Protection Act of 1972 to improve the program to reduce 
the incidental taking of marine mammals during the course of commercial 
fishing operations, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Marine Mammal Protection Act 
     Amendments of 1994''.

     SEC. 2. PURPOSES.

       The purposes of this Act are to--
       (1) authorize appropriations to carry out the Marine Mammal 
     Protection Act of 1972 for the fiscal years 1994 through 
     1999;
       (2) ensure that the incidental mortality and serious injury 
     of marine mammals in commercial fisheries does not cause any 
     species or stock of marine mammals to be reduced to or 
     maintained at, for significant periods of time, a level that 
     is below the lower limit of its optimum sustainable that is 
     below the lower limit of its optimum sustainable population 
     range;
       (3) prohibit intentional killing of marine mammals during 
     commercial fishing;
       (4) improve efforts to identify and address the most 
     significant problems involving incidental mortality and 
     serious injury of marine mammals in commercial fishing 
     operations, considering the population size and status of the 
     affected marine mammal stocks and the numbers of marine 
     mammals that are incidentally killed or injured in commercial 
     fisheries;
       (5) ensure that the procedure for authorizing the 
     incidental taking of marine mammals in commercial fisheries 
     is consistent with the long-term objective of identifying and 
     taking such steps as may be practicable to reduce incidental 
     mortality and serious injury from commercial fishing 
     operations to insignificant rates approaching zero; and
       (6) continue cost-effective programs for reliably 
     monitoring (A) the levels of incidental mortality and serious 
     injury of marine mammals in commercial fisheries and (B) the 
     size and current population trends of the affected marine 
     mammal stocks.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       (a) Department of Commerce.--Section 7(a) of the Act 
     entitled ``An Act to improve the operation of the Marine 
     Mammal Protection Act of 1972, and for other purposes'', 
     approved October 9, 1981 (16 U.S.C. 1384(a)), is amended to 
     read as follows:
       ``(a) Department of Commerce.--(1) There are authorized to 
     be appropriated to the Department of Commerce, for purposes 
     of carrying out such functions and responsibilities as it may 
     have been given under title I of the Marine Mammal Protection 
     Act of 1972 (other than sections 117 and 118 of that Act), 
     $12,138,000 for fiscal year 1994, $12,623,000 for fiscal year 
     1995, $13,128,000 for fiscal year 1996, $13,653,000 for 
     fiscal year 1997, $14,200,000 for fiscal year 1998, and 
     $14,768,000 for fiscal year 1999.
       ``(2) There are authorized to be appropriated to the 
     Department of Commerce, for purposes of carrying out sections 
     117 and 118 of the Marine Mammal Protection Act of 1972, 
     $15,000,000 for each of the fiscal years 1994 through 
     1999.''.
       (b) Department of the Interior.--Section 7(b) of the Act 
     entitled ``An Act to improve the operation of the Marine 
     Mammal Protection Act of 1972, and for other purposes'', 
     approved October 9, 1981 (16 U.S.C. 1384(b)), is amended to 
     read as follows:
       ``(b) Department of the Interior.--There are authorized to 
     be appropriated to the Department of the Interior, for 
     purposes of carrying out such functions and responsibilities 
     as it may have been given under title I of the Marine Mammal 
     Protection Act of 1972, $8,000,000 for fiscal year 1994, 
     $8,600,000 for fiscal year 1995, $9,000,000 for fiscal year 
     1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal 
     year 1998, and $10,296,000 for fiscal year 1999.''.
       ``(c) Marine Mammal Commission.--Section 7(c) of the Act 
     entitled ``An Act to improve the operation of the Marine 
     Mammal Protection Act of 1972, and for other purposes'', 
     approved October 9, 1981 (16 U.S.C. 1407), is amended to read 
     as follows:
       ''(c) Marine Mammal Commission.--There are authorized to be 
     appropriated to the Marine Mammal Commission, for purposes of 
     carrying out such functions and responsibilities as it may 
     have been given under title II of the Marine Mammal 
     Protection Act of 1972, $1,350,000 for fiscal year 1994, 
     $1,400,000 for fiscal year 1995, $1,450,000 for fiscal year 
     1996, $1,500,000 for fiscal year 1997, $1,500,000 for fiscal 
     year 1998, and $1,600,000 for fiscal year 1999.''.

     SEC. 4. MORATORIUM AND EXCEPTIONS.

       (A) In General.--The introductory matter of section 101(a) 
     of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1371(a)) is amended--
       (1) by inserting ``, harassment,'' immediately before ``and 
     importation''; and
       (2) by inserting ``or harassment'' immediately after ``for 
     the taking''.
       (b) Permits for Research, Display, Enhancing Survival or 
     Recovery.--Section 101(a)(1) of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1371(a)(1)) is amended to read as 
     follows:
       ``(1) Consistent with the provisions of section 104, 
     permits may be issued by the Secretary for the taking, 
     harassment, and importation of marine mammals for purposes of 
     scientific research, public display, or enhancing the 
     survival or recovery of a species or stock. Such permits may 
     be issued if the taking, harassment, 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 the Committee 
     shall recommend any proposed taking, harassment, or 
     importation which is consistent with the purpose and policies 
     of section 2. The Secretary shall, if the Secretary grants 
     approval for importation, issue to the importer concerned a 
     certificate to that effect which shall be 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.''.
       (c) Authorization for Incidental Taking During Commercial 
     Fisheries.--The first sentence of section 101(a)(2) of the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) 
     is amended by inserting immediately before the period at the 
     end the following: ``, or in lieu of such permits, 
     authorizations may be granted therefor under section 118, 
     subject to regulations prescribed under that section by the 
     Secretary without regard to section 103.''.
       (d) Taking or Importation From Depleted Stocks.--(1) 
     Section 101(a)(3)(A) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1371(a)(3)(A)) is amended by inserting ``, 
     except as provided in paragraph (6),'' after ``that'' in the 
     second proviso.
       (2) Section 101(a)(3)(B) of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1371(a)(3)(B)) is amended by inserting 
     ``, or as provided for under paragraph (5) of this 
     subsection,'' immediately after ``subsection,''.
       (e) Authorization for Harassment of Small Numbers of Marine 
     Mammals.--Section 101(a)(5) of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1371(a)(5)) is amended--
       (1) in subparagraph (A), by inserting ``or harassment'' 
     immediately after ``taking'' each place it appears; and
       (2) by adding at the end the following new subparagraph:
       ``(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 one 
     year, subject to such conditions as the Secretary may 
     specify, the incidental, but not intentional, harassment of 
     small numbers of marine mammals of a species or population 
     stock by such citizens while engaging in that activity within 
     that region if the Secretary finds that such harassment 
     during each period concerned--
       ``(I) will have a negligible impact on such species or 
     stock; and
       ``(II) will not have an unmitigable adverse impact on the 
     availability of such species or stock for taking for 
     subsistence uses pursuant to subsection (b), or section 
     109(f), or pursuant to a cooperative agreement under section 
     120.
       ``(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 pursuant to a cooperative 
     agreement under section 120;
       ``(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 pursuant to 
     cooperative agreement under section 120; 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 
     pursuant to a cooperative agreement under section 120.
       ``(iii) The Secretary shall publish a proposed 
     authorization not later than 45 days after receiving an 
     application under this subparagraph and request public 
     comment through notice in the Federal Register, newspapers of 
     general circulation, and appropriate electronic media and to 
     all locally affected communities for a period of 30 days 
     after publication. Not later than 45 days after the close of 
     the public comment period, if the Secretary makes the 
     findings set forth in clause (i), the Secretary shall issue 
     an authorization with appropriate conditions to meet the 
     requirements of clause (ii).
       ``(iv) The Secretary shall modify, suspend, or revoke an 
     authorization if the Secretary finds that the provisions of 
     clauses (i) and (ii) are not being met.
       ``(v) A person conducting an activity for which an 
     authorization has been granted under this subparagraph shall 
     not be subject to the penalties of this Act for harassment 
     that occurs in compliance with such authorization.''
       (f) Permits Concerning Endangered or Threatened Marine 
     Mammal Stocks.--Section 101(a)(5) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1371(a)(5)), as amended by 
     this Act, is further amended by adding at the end the 
     following new subparagraph:
       ``(E)(i) During any period of three consecutive years, the 
     Secretary shall allow the incidental, but not the 
     intentional, taking or harassment by persons using vessels of 
     the United States or vessels which have valid fishing permits 
     issued by the Secretary in accordance with section 204(b) of 
     the Magnuson Fishery Conservation and Management Act (16 
     U.S.C. 1824(b)), while engaging in commercial fishing 
     operations, of marine mammals from a species or stock 
     designated as depleted because of its listing as an 
     endangered or threatened species under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary, after 
     notice and opportunity for public comment, determines that--
       ``(I) the incidental mortality and serious injury from 
     commercial fisheries will have a negligible impact on such 
     species or stock;
       ``(II) a recovery plan has been developed or is being 
     developed for such species or stock pursuant to the 
     Endangered Species Act of 1973; and
       ``(III) where required under section 118, a monitoring 
     program is established under subsection (d) of such section, 
     vessels engaged in such fisheries are registered in 
     accordance with such section, and an incidental take 
     reduction plan has been developed or is being developed for 
     such species or stock.
       ``(ii) Upon a determination by the Secretary that the 
     requirements of clause (i) have been met, the Secretary shall 
     publish in the Federal Register a list of those fisheries for 
     which such determination was made, and, for vessels required 
     to register under section 118, shall issue an appropriate 
     permit for each authorization granted under such section to 
     vessels to which this paragraph applies. Vessels engaged in a 
     fishery included in the notice published by the Secretary 
     under this clause which are not required to register under 
     section 118 shall not be subject to the penalties of this Act 
     for the incidental taking of marine mammals to which this 
     paragraph applies, so long as the owner or master of such 
     vessel reports any incidental mortality or injury of such 
     marine mammals to the Secretary in accordance with section 
     118.
       ``(iii) If, during the course of the commercial fishing 
     season, the Secretary determines that the level of incidental 
     mortality or serious injury from commercial fisheries for 
     which a determination was made under clause (i) has resulted 
     or is likely to result in an impact that is more than 
     negligible on the endangered or threatened species or stock, 
     the Secretary shall use the emergency authority granted 
     under section 118 to protect such species or stock, and 
     may modify any permit granted under this paragraph as 
     necessary.
       ``(iv) The Secretary may suspend for a time certain or 
     revoke a permit granted under this subparagraph only if the 
     Secretary determines that the conditions or limitations set 
     forth in such permit are not being substantially complied 
     with. The Secretary may amend or modify, after notice and 
     opportunity for public comment, the list of fisheries 
     published under clause (ii) whenever the Secretary determines 
     there has been a substantial change in the information or 
     conditions used to determine such list.
       ``(v) Sections 103 and 104 shall not apply to the taking of 
     marine mammals under the authority of this subparagraph.''.
       (g) Importation of Certain Products.--Section 101(a) of the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)) is 
     amended 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 owned and exported by any person in conjunction 
     with travel outside the United States;
       ``(ii) was acquired outside of the United States as part of 
     a cultural exchange by an Indian, Aleut, or Eskimo residing 
     in Alaska; or
       ``(iii) is owned by a Native inhabitant of Russia, Canada, 
     or Greenland and is imported for noncommercial purposes in 
     conjunction with travel within the United States or as part 
     of a cultural exchange with an Indian, Aleut, or Eskimo 
     residing in Alaska.
       ``(B) For the purposes of this paragraph, the term--
       ``(i) `Native inhabitant of Russia, Canada, or Greenland' 
     means a person residing in Russia, Canada, or Greenland who 
     is related by blood, is a member of the same clan or 
     ethnological grouping, or shares a common heritage with an 
     Indian, Aleut, or Eskimo residing in Alaska; and
       ``(ii) `cultural exchange' means the sharing or exchange of 
     ideas, information, gifts, clothing, or handicrafts between 
     an Indian, Aleut, or Eskimo residing in Alaska and a Native 
     inhabitant of Russia, Canada, or Greenland, including 
     rendering of raw marine mammal parts as part of such exchange 
     into clothing or handicrafts through carving, painting, 
     sewing, or decorating.''.
       (h) Actions Affecting Section 101(b).--Section 101(b) of 
     the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(b)) 
     is amended by adding at the end the following new sentence: 
     ``In promulgating any regulation or making any assessment 
     pursuant to a hearing or proceeding under this subsection or 
     section 117(b)(2), or in making any determination or finding 
     under this Act that affects stocks or persons to which this 
     subsection applies, the Secretary shall be responsible for 
     demonstrating that such regulation, assessment, 
     determination, or finding is supported by substantial 
     evidence on the basis of the record as a whole. The preceding 
     sentence shall only be applicable in an action brought by 
     one or more Alaska Native organizations representing 
     persons to which this subsection applies.''.
       (i) Taking in Defense of Self or Another Person.--Section 
     101(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1371(c)) is amended to read as follows:
       ``(c) It shall not be a violation of this Act to take a 
     marine mammal if--
       ``(1) such taking is imminently necessary in self-defense 
     or to save the life of a person in immediate danger; and
       ``(2) such taking is reported to the Secretary within 48 
     hours and, whenever feasible, any carcass is made available 
     to the Secretary intact.''.

     SEC. 5. PERMITS.

       Section 104 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1374) is amended--
       (1) in subsection (a)--
       (A) by inserting ``, harassment,'' immediately after 
     ``taking''; and
       (B) by inserting ``except for the incidental taking of 
     marine mammals during the course of commercial fishing 
     operations'' immediately before the period at the end; and 
     (2) by amending subsection (c)(3) to read as follows:
       ``(3)(A) A permit may be issued, for scientific research 
     purposes that are likely to result in the taking or 
     harassment of a marine mammal, to an applicant who submits 
     information with the permit application indicating that the 
     taking or harassment is required to further a bona fide 
     scientific purpose. The Secretary is authorized to issue 
     permits under this paragraph prior to the end of the 
     mandatory public review and comment period if delaying the 
     issuance of such permit could result in harm to a species, 
     stock, or individual marine mammal, or result in loss of 
     unique research opportunities.
       ``(B) No permit issued for purposes of scientific research 
     under subparagraph (A) shall authorize the lethal taking of a 
     marine mammal unless the applicant submits documentation to 
     the Secretary 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 designated as 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 60 days after the date of enactment of 
     the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary shall grant a general authorization and shall issue 
     implementing regulations allowing bona fide scientific 
     research that is not likely to result in the taking or 
     harassment of a marine mammal. Such authorization shall apply 
     to persons who submit, at least 60 days prior to 
     commencement of the research, a letter of intent to the 
     Secretary specifying--
       ``(i) the species or stock of marine mammal on which the 
     research will be conducted;
       ``(ii) the geographic location of the research;
       ``(iii) the period of time over which the research will be 
     conducted;
       ``(iv) the purpose of the research, including a description 
     of how the definition of bona fide research as established by 
     the Secretary under this Act would apply; and
       ``(v) the methods 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 or harassment of a 
     marine mammal, and that the provisions of subparagraph (A) 
     apply. If no such notification is received, the proposed 
     research shall be covered under the general authorization.''.

     SEC. 6. CONSERVATION PLANS.

       Section 115(b) of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1383(b)) is amended by adding at the end the 
     following new paragraph:
       ``(4) If the Secretary determines that an incidental take 
     reduction plan is necessary to reduce the incidental taking 
     of marine mammals in the course of commercial fishing 
     operations from a stock specified under section 117(a)(7), or 
     for stocks which interact with a commercial fishery for which 
     the Secretary has made a determination under section 
     118(b)(1), any conservation plan prepared under this 
     subsection for such stock shall incorporate the incidental 
     take reduction plan required under section 118 for such 
     stock.''.

     SEC. 7. STOCK ASSESSMENTS.

       (a) In General.--Title I of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1371 et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 117. STOCK ASSESSMENTS.

       ``(a) In General.-- Not later than August 1, 1994, the 
     Secretary shall, after consultation with the appropriate 
     regional scientific working group established under 
     subsection (d), prepare a draft stock assessment for each 
     marine mammal stock which occurs in waters under the 
     jurisdiction of the United States. Each draft stock 
     assessment, based on the best scientific information 
     available, shall--
       ``(1) describe the geographic range of the affected stock, 
     including any seasonal or temporal variation in such range;
       ``(2) provide for such stock the minimum population 
     estimate, current and maximum net productivity rates, and 
     current population trend, including a description of the 
     information upon which these are based;
       ``(3) estimate the annual anthropogenic mortality and 
     serious injury of the stock and, for a stock specified under 
     paragraph (7), other factors that may be causing a decline or 
     impeding recovery of the stock, including effects on marine 
     mammal habitat and prey;
       ``(4) describe commercial fisheries that interact with the 
     stock, including--
       ``(A) the approximate number of vessels actively 
     participating in each such fishery;
       ``(B) the estimated level of incidental mortality and 
     serious injury of the stock by each such fishery on an annual 
     basis;
       ``(C) seasonal or area differences in such incidental 
     mortality or serious injury; and
       ``(D) the rate, based on a unit of fishing effort, of such 
     incidental mortality and serious injury, and an analysis 
     stating whether such level is insignificant and is 
     approaching a zero mortality and serious injury rate;
       ``(5) categorize the status of the stock as one that 
     either--
       ``(A) has a level of anthropogenic mortality and serious 
     injury that is not likely to cause the stock to be reduced 
     below its optimum sustainable population; or
       ``(B)(i) meets the criteria described under paragraph (7);
       ``(ii) is listed as threatened or endangered under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or 
     designated as depleted under this Act; or
       ``(iii) meets the criteria specified in both clause (i) and 
     (ii);
       ``(6) estimate the calculated removal level for the stock, 
     describing the information used to calculate it, including 
     the recovery factor; and
       ``(7) specify whether the Secretary has reason to believe 
     that the level of anthropogenic mortality and serious injury 
     for the stock is such that it may cause the stock to be 
     reduced or maintained below its optimum sustainable 
     population.
       ``(b) Public Comment.--(1) The Secretary shall publish in 
     the Federal Register a notice of the availability of a draft 
     stock assessment or any revision thereof and provide an 
     opportunity for public review and comment during a period of 
     90 days. Such notice shall include a summary of the 
     assessment and a list of the sources of information or 
     published reports upon which the assessment is based.
       ``(2) Subsequent to the notice of availability required 
     under paragraph (1), if requested by a person to which 
     section 101(b) applies, the Secretary shall conduct a 
     proceeding on the record prior to publishing a final stock 
     assessment or any revision thereof for any stock subject to 
     taking under section 101(b).
       ``(3) After consideration of the best scientific 
     information available, the advice of the appropriate regional 
     scientific review group established under section (d), and 
     the comments of the general public, the Secretary shall 
     publish in the Federal Register a notice of availability and 
     a summary of the final stock assessment or any revision 
     thereof, not later than 90 days after--
       ``(A) the close of the public comment period on a draft 
     stock assessment or revision thereof; or
       ``(B) final action on an agency proceeding pursuant to 
     paragraph (2).
       ``(c) Review and Revision.--(1) The Secretary, in 
     consultation with the appropriate regional scientific review 
     group established under subsection (d), shall review stock 
     assessments under this section--
       ``(A) annually for stocks specified under subsection (a)(7) 
     or for which substantial new information is available; and
       ``(B) at least once every 3 years for all other marine 
     mammal stocks.
       ``(2) If the review under paragraph (1) indicates that the 
     status of the stock has changed or can be more accurately 
     determined, the Secretary shall revise the stock assessment 
     in accordance with subsection (b).
       ``(d) Regional Scientific Review Groups.--(1) Not later 
     than 60 days after the date of enactment of this section, the 
     Secretary of Commerce shall, in consultation with the 
     Secretary of Interior (with respect to marine mammals under 
     that Secretary's jurisdiction), the Governors of affected 
     adjacent coastal States, regional fishery and wildlife 
     management authorities, Alaska Native organizations and 
     Indian tribes, environmental and fishery groups, establish at 
     least two independent regional scientific review groups 
     consisting of individuals with expertise in marine mammal 
     biology and ecology, population dynamics and modeling, 
     commercial fishing technology and practices, and stocks taken 
     under section 101(b). The Secretary of Commerce shall, to the 
     maximum extent practicable, attempt to achieve a balanced 
     representation of viewpoints among the individuals on each 
     regional scientific working group. The regional scientific 
     review group shall advise the Secretary on all aspects of the 
     stock assessments required under this section.
       ``(2) The regional scientific review groups established 
     under this section shall not be subject to the Federal 
     Advisory Committee Act (5 App. U.S.C.).
       ``(3) Members of the regional scientific review groups 
     shall serve without compensation, but may be reimbursed by 
     the Secretary, upon requests, for reasonable travel costs and 
     expenses incurred in performing their duties as members of 
     such regional scientific review groups.
       ``(4) The Secretary may appoint or reappoint individuals to 
     the regional scientific working groups under paragraph (1) as 
     needed.
       ``(e) Effect on Section 101(b).--This section shall not 
     affect or otherwise modify the provisions of section 
     101(b).''.

     SEC. 8. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL 
                   FISHING OPERATIONS.

       Title I of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1371 et seq.), as amended by this Act, is further 
     amended by adding at the end the following new section:

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

       ``(a) In General.--(1) Effective on the date of enactment 
     of this section, and except as provided in section 114 and in 
     paragraphs (2), (3), and (4) of this section, the provisions 
     of this section shall govern the incidental taking of marine 
     mammals in the course of commercial fishing operations by 
     persons using vessels of the United States or vessels which 
     have valid fishing permits issued by the Secretary in 
     accordance with section 204(b) of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1824(b)). In any 
     event it shall be the immediate goal that the incidental 
     mortality or serious injury of marine mammals occurring in 
     the course of commercial fishing operations be reduced to 
     insignificant levels approaching a zero mortality and serious 
     injury rate.
       ``(2) In the case of the incidental taking of marine 
     mammals from species or stocks designated under this Act as 
     depleted on the basis of their listing as threatened or 
     endangered species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.), both this section and section 
     101(a)(5)(E) of this Act shall apply.
       ``(3) Sections 104(h) and title III, and not this section, 
     shall govern the taking of marine mammals in the course of 
     commercial purse seine fishing for yellowfin tuna in the 
     eastern tropical Pacific Ocean.
       ``(4) This section shall not govern the taking of marine 
     mammals from the California population of sea otters to which 
     the Act of November 7, 1986 (Public Law 99-625; 100 Stat. 
     3500) applies.
       ``(5) Sections 103 and 104 shall not apply to the 
     incidental taking of marine mammals under the authority of 
     this section.
       ``(6) Except as provided in section 101(c)(2), the 
     intentional killing of any marine mammal in the course of 
     commercial fishing operations is prohibited.
       ``(b) Incidental Take Reduction Plans.--(1) The Secretary 
     shall develop and implement an incidental take reduction plan 
     designed to assist in the recovery of each marine mammal 
     stock that is specified under section 117(a)(7) which 
     interacts with a commercial fishery listed under subsection 
     (f)(1)(A) (i) or (ii), and may develop and implement such a 
     plan for any other marine mammal stocks which interact with a 
     commercial fishery listed under subsection (f)(1)(A)(i) which 
     the Secretary determines, after notice and opportunity for 
     public comment, has an excessive rate of mortality and 
     serious injury across a number of such marine mammal 
     stocks.
       ``(2) If there is insufficient funding available to develop 
     and implement an incidental take reduction plan for all such 
     stocks that interact with commercial fisheries listed under 
     subsection (f)(1)(A) (i) or (ii), the Secretary shall give 
     highest priority to the development and implementation of 
     incidental take reduction plans for species or stocks whose 
     level of incidental mortality and serious injury exceeds the 
     calculated removal level, those that have a small population 
     size, and those which are declining most rapidly.
       ``(3) Each incidental take reduction plan developed under 
     this subsection for a stock shall include the following:
       ``(A) A review and evaluation of the information contained 
     in the stock assessment published under section 117 and any 
     substantial new information that may be available.
       ``(B) An evaluation and estimate of the total number and 
     percentage of animals from the stock that are being killed or 
     seriously injured each year as a result of commercial fishing 
     activities.
       ``(C) Proposed management measures and voluntary actions 
     for the reduction of incidental mortality and serious injury 
     of marine mammals in commercial fisheries which interact with 
     such stock.
       ``(D) A long-term strategy to reduce, to insignificant 
     levels approaching a zero rate within 10 years, the 
     incidental mortality and serious injury of marine mammals 
     from the stock in the course of commercial fishing 
     operations.
       ``(4)(A) Each incidental take reduction plan shall include 
     projected dates for achieving the objectives of the plan.
       ``(B) For any stock in which incidental mortality and 
     serious injury from commercial fisheries exceeds the 
     calculated removal level established under section 117, the 
     plan shall include measures the Secretary expects will 
     reduce, within 6 months after commencement of operations by 
     commercial fisheries that interact with that stock, such 
     mortality and serious injury to a level below the calculated 
     removal level.
       ``(C) For any stock in which anthropogenic mortality and 
     serious injury exceeds the calculated removal level, other 
     than a stock to which subparagraph (B) applies, the plan 
     shall include measures the Secretary expects will reduce, to 
     the maximum extent practicable within 6 months after 
     commencement of operations by commercial fisheries that 
     interact with that stock, the incidental mortality and 
     serious injury by such commercial fisheries from that stock. 
     For purposes of this subparagraph, the term `maximum extent 
     practicable' means to the lowest level that is feasible for 
     such fisheries within the 6-month period.
       ``(5)(A) At the earliest possible time (not later than 60 
     days) after the Secretary issues a final stock assessment for 
     a stock specified under section 117(a)(7), the Secretary 
     shall, and for stocks that interact with a fishery listed 
     under subsection (f)(1)(A)(i) for which the Secretary has 
     made a determination under paragraph (1), the Secretary 
     may--
       ``(i) establish an incidental take reduction team for such 
     stock and appoint the members of such team in accordance with 
     subparagraph (C); and
       ``(ii) publish in the Federal Register a notice of the 
     team's establishment, the names of the team's appointed 
     members, the full geographic range of such stock, and a list 
     of all commercial fisheries that cause incidental mortality 
     and serious injury of marine mammals from such stock.
       ``(B) The Secretary may charge an incidental take reduction 
     team to address a stock that extends over one or more regions 
     or fisheries, or multiple stocks within a region or fishery, 
     if the Secretary determines that doing so would facilitate 
     the development and implementation of plans required under 
     this subsection.
       ``(C) Members of incidental take reduction teams shall be 
     individuals knowledgeable and experienced regarding measures 
     to conserve such stocks and to reduce incidental mortality 
     and serious injury to such stock from commercial fishing 
     operations. Members may include representatives of Federal 
     and State agencies, Councils, interstate fishery commissions, 
     academic and scientific organizations, environmental and 
     fishery groups, Alaska Native organizations and Indian 
     tribes, and other as the Secretary considers appropriate. 
     Incidental take reduction teams shall include a 
     representative of each affected Council and State, and shall, 
     to the maximum extent practicable, include an equitable 
     balance among representatives of government, resource user 
     interests, and public interest groups. Incidental take 
     reduction teams shall not be subject to the Federal Advisory 
     Committee Act (5 App. U.S.C.) but their meetings shall be 
     open to the public, after timely notice of the time and place 
     of such meetings.
       ``(D) Members of incidental take reduction teams shall 
     serve without compensation, but may be reimbursed by the 
     Secretary, upon request, for reasonable travel costs and 
     expenses incurred in performing their duties as members of 
     the team.
       ``(6) Where the anthropogenic mortality and serious injury 
     from a stock specified under section 117(a)(7) is estimated 
     to be equal to or greater than the calculated removal level 
     established under section 117 for such stock and such stock 
     interacts with a fishery listed under subsection (f)(1)(A) 
     (i) or (ii), the following procedures shall apply in the 
     development of the incidental take reduction plan for the 
     stock:
       ``(A)(i) Not later than 6 months after the date of 
     establishment of an incidental take reduction team for the 
     stock, the team shall submit a draft incidental take 
     reduction plan for such stock to the Secretary, consistent 
     with the other provisions of this section.
       ``(ii) Such draft incidental take reduction plan shall be 
     developed by consensus. In the event consensus cannot be 
     reached, the team shall advise the Secretary in writing on 
     the range of possibilities considered by the team, and the 
     views of both the majority and minority.
       ``(B)(i) The Secretary shall take the draft incidental take 
     reduction plan into consideration and, not later than 60 days 
     after the submission of the draft plan by the team, the 
     Secretary shall publish in the Federal Register the plan 
     proposed by the team, and changes proposed by the Secretary 
     with an explanation of the reasons therefor, and proposed 
     regulations to implement such plan, for public review and 
     comment during a period of not to exceed 90 days.
       ``(ii) In the event that the incidental take reduction team 
     does not submit a draft plan to the Secretary within 6 
     months, the Secretary shall, not later than 8 months after 
     the establishment of the team, publish in the Federal 
     Register a proposed incidental take reduction plan and 
     implementing regulations, for public review and comment 
     during a period of not to exceed 90 days.
       ``(C) Not later than 90 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final incidental take reduction plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary and the incidental take reduction team 
     shall meet every 6 months, or a such other intervals as the 
     Secretary determines are necessary, to monitor the 
     implementation of the final incidental take reduction plan 
     until such time that the Secretary determines that the 
     objectives of such plan have been met.
       ``(E) The Secretary shall amend the incidental take 
     reduction plan and implementing regulations as necessary to 
     meet the requirements of this section, in accordance with the 
     procedures in this section for the issuance of such plans and 
     regulations.
       ``(7) Where the anthropogenic mortality and serious injury 
     from a stock specified under section 117(a)(7) is estimated 
     to be less than the calculated removal level established 
     under section 117 for such stock and such stock interacts 
     with a fishery listed under subsection (f)(1)(A) (i) or (ii), 
     or for any marine mammal stocks which interact with a 
     commercial fishery listed under subsection (f)(1)(A) (i) for 
     which the Secretary has made a determination under paragraph 
     (1), the following procedures shall apply in the development 
     of the incidental take reduction plan for such stock:
       ``(A)(i) Not later than 11 months after the date of 
     establishment of an incidental take reduction team for the 
     stock, the team shall submit a draft incidental take 
     reduction plan for the stock to the Secretary, consistent 
     with the other provisions of this section.
       ``(ii) Such draft incidental take reduction plan shall be 
     developed by consensus. In the event consensus cannot be 
     reached, the team shall advise the Secretary in writing on 
     the range of possibilities considered by the team, and the 
     views of both the majority and minority.
       ``(B)(i) The Secretary shall take the draft incidental tax 
     reduction plan into consideration and, not later than 60 days 
     after the submission of the draft plan by the team, the 
     Secretary shall publish in the Federal Register the plan 
     proposed by the team, and changes proposed by the Secretary 
     with an explanation of the reasons therefor, and proposed 
     regulations to implement such plan, for public review and 
     comment during a period of not to exceed 90 days.
       ``(ii) In the event that the incidental take reduction team 
     does not submit a draft plan to the Secretary within 11 
     months, the Secretary shall, not later than 13 months after 
     the establishment of the team, publish in the Federal 
     Register a proposed incidental take reduction plan and 
     implementing regulations, for public review and comment 
     during a period of not to exceed 90 days.
       ``(C) Not later than 90 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final incidental take reduction plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary and the incidental take reduction team 
     shall meet on an annual basis, or at such other intervals as 
     the Secretary determines are necessary, to monitor the 
     implementation of the final incidental take reduction plan 
     until such time that the Secretary determines that the 
     objectives of such plan have been met.
       ``(E) The Secretary shall amend the incidental take 
     reduction plan and implementing regulations as necessary to 
     meet the requirements of this section, in accordance with the 
     procedures in this section for the issuance of such plans and 
     regulations.
       ``(8) In implementing an incidental take reduction plan 
     developed pursuant to this subsection, the Secretary may, 
     where necessary to implement an incidental take reduction 
     plan to protect or restore a marine mammal stock or species 
     covered by such plan, promulgate regulations which include, 
     but are not limited to, measures to--
       ``(A) establish fishery-specific limits on incidental 
     mortality and serious injury of marine mammals in commercial 
     fisheries or restrict commercial fisheries by time or area;
       ``(B) require the use of alternative commercial fishing 
     gear or techniques and new technologies, encourage the 
     development of such gear or technology, or convene expert 
     skippers' panels;
       ``(C) educate commercial fishermen, through workshops and 
     other means, on the importance of reducing the incidental 
     mortality and serious injury of marine mammals in affected 
     commercial fisheries; and
       ``(D) monitor the effectiveness of measures taken to reduce 
     the level of incidental mortality and serious injury of 
     marine mammals in the course of commercial fishing 
     operations, as set forth in subsection (d).
       ``(9)(A) Notwithstanding paragraph (5), in the case of any 
     stock to which paragraph (5) applies for which a final stock 
     assessment has not been published under section 117(b)(3) by 
     April 1, 1995, due to a proceeding under section 117(b)(2), 
     or any Federal court review of such proceeding, the Secretary 
     shall establish an incidental take reduction team under 
     paragraph (5) for such stock as if a final stock assessment 
     had been published.
       ``(B) The draft stock assessment published for stock under 
     section 117(b)(1) shall be deemed the final stock assessment 
     for purposes of preparing and implementing an incidental take 
     reduction plan for such stock under this section.
       ``(C) Upon publication of a final stock assessment for such 
     stock under section 117(b)(3) the Secretary shall immediately 
     reconvene the incidental take reduction team for such stock 
     for the purpose of amending the incidental take reduction 
     plan, and any regulations issued to implement such plan, if 
     necessary, to reflect the final stock assessment or court 
     action. Such amendments shall be made in accordance with 
     paragraph (6)(E) or (7)(E), as appropriate.
       ``(D) A draft stock assessment may only be used as the 
     basis for an incidental take reduction plan under this 
     paragraph for a period of not to exceed two years, or until a 
     final stock assessment is published, whichever is earlier. 
     If, at the end of the two-year period, a final stock 
     assessment has not been published, the Secretary shall 
     categorize such stock under section 117(a)(5)(A) and shall 
     revoke any regulations to implement an incidental take 
     reduction plan for such stock.
       ``(E) Subparagraph (D) shall not apply for any period 
     beyond two years during which a final stock assessment for 
     such stock has not been published due to review of a 
     proceeding on such stock assessment by a Federal court. 
     Immediately upon final action by such court, the Secretary 
     shall proceed under subparagraph (C).
       ``(10) Incidental take reduction plans developed under this 
     section for a species or stock listed as a threatened or 
     endangered species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.) shall be consistent with any 
     recovery plan developed for such species or stock under 
     section 4 of such Act.
       ``(c) Emergency Regulations.--(1) If the Secretary finds 
     that incidental mortality and serious injury of marine 
     mammals from commercial fisheries is having, or is likely to 
     have, an immediate and significant adverse impact on a stock 
     or species, the Secretary shall take action as follows:
       ``(A) In the case of a stock or species for which an 
     approved incidental take reduction plan is in effect, the 
     Secretary shall--
       ``(i) prescribe emergency regulations that, consistent with 
     such plan to the maximum extent practicable, reduce such 
     incidental mortality and serious injury in that fishery; and
       ``(ii) approve and implement, on an expedited basis, any 
     amendments to such plan that are recommended by the 
     incidental take reduction team to address such adverse 
     impact.
       ``(B) In the case of a stock or species for which an 
     incidental take reduction plan is being developed, the 
     Secretary shall--
       ``(i) prescribe emergency regulations to reduce such 
     incidental mortality and serious injury in that fishery; and
       ``(ii) approve and implement, on an expedited basis, such 
     plan, which shall provide methods to address such adverse 
     impact if still necessary.
       ``(C) In the case of a stock or species for which an 
     incidental take reduction plan does not exist and is not 
     being developed, or in the case of a commercial fishery 
     listed under subsection (f)(1)(A)(iii) which the Secretary 
     believes may be contributing to such adverse impact, the 
     Secretary shall--
       ``(i) prescribe emergency regulations to reduce such 
     incidental mortality and serious injury in that fishery, to 
     the extent necessary to mitigate such adverse impact;
       ``(ii) immediately review the stock assessment for such 
     stock or species under section 117 and the classification of 
     such commercial fishery under subsection (f)(1)(A) to 
     determine if an incidental take reduction team should be 
     established under this section; and
       ``(iii) may, where necessary to address such adverse 
     impact, require the placement of observers pursuant to 
     subsection (d) upon vessels in a commercial fishery listed 
     under subsection (f)(1)(A)(iii), if the Secretary has reason 
     to believe that such vessels may be causing incidental 
     mortality and serious injury to marine mammals for such 
     stock.
       ``(2) Prior to taking action under paragraph (1) (A), (B), 
     or (C), the Secretary shall consult with the Marine Mammal 
     Commission, all appropriate Councils, State fishery managers, 
     and the appropriate incidental 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 
     the emergency regulations no longer exist.
       ``(4) If the Secretary finds that incidental mortality and 
     serious injury of marine mammals in a commercial fishery is 
     continuing to have an immediate and significant adverse 
     impact on a stock or species, the Secretary may extend the 
     emergency regulations for an additional period of not more 
     than 90 days or until reasons for the emergency no longer 
     exist, whichever is earlier.
       ``(d) Monitoring of Incidental Takes.--(1) The Secretary 
     shall establish a program to monitor incidental mortality and 
     serious injury of marine mammals during the course of 
     commercial fishing operations for commercial fisheries listed 
     under subsection (f)(1)(A) (i) or (ii). The purposes of the 
     monitoring program shall be to--
       ``(A) obtain statistically reliable estimates of incidental 
     mortality and serious injury;
       ``(B) determine the reliability of reports of incidental 
     mortality and serious injury under subsection (g); and
       ``(C) report on the impacts of changes in commercial 
     fishing methods or technology.
       ``(2) Pursuant to paragraph (1), the Secretary is 
     authorized to place observers on board vessels as necessary, 
     subject to the provisions of this section. Observers may 
     perform other tasks including, but not limited to--
       ``(A) recording other sources of mortality;
       ``(B) recording the number of marine mammals sighted and 
     the behavior of such mammals observed in the vicinity of 
     commercial fishing gear;
       ``(C) Other related scientific or fishery management 
     observations; and
       ``(D) Collection of marine mammals tissues, where such 
     collection can be done safely and without interruption of 
     commercial fishing operations.
       ``(3) When determining the distribution of observers among 
     fisheries and vessels within a fishery, the Secretary shall 
     be guided by the following standards;
       ``(A) the need to obtain the best scientific information 
     available;
       ``(B) the requirement that assignment of observers be 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; and
       ``(D) where practicable, the need to minimize costs and 
     avoid duplication.
       ``(4) To the extent practicable, the Secretary shall 
     allocate observers among commercial fisheries in accordance 
     with the following priority:
       ``(A) The highest priority for allocation shall be for 
     commercial fisheries that have incidental mortality or 
     serious injury of marine mammals from stocks designated as 
     depleted on the basis of their listing as endangered or 
     threatened species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).
       ``(B) The second highest priority for allocation shall be 
     for commercial fisheries that have incidental mortality and 
     serious injury of marine mammals from stocks specified under 
     section 117(a)(7).
       ``(C) The third highest priority for allocation shall be 
     for commercial fisheries that have incidental mortality or 
     serious injury of marine mammals from stocks for which the 
     level of incidental mortality and serious injury is 
     uncertain.
       ``(5) Notwithstanding paragraph (1), the Secretary may 
     establish an alternative observer program to provide 
     statistically reliable information on the species and number 
     of any marine mammals incidentally taken in the course of 
     commercial fishing operations. The alternative program may 
     include, but need not be limited to, direct observation of 
     fishing activities from vessels, airplanes, or points on 
     shore.
       ``(6) The Secretary may, with the consent of the vessel 
     owner, station an observer on board a vessel engaged in a 
     commercial fishery not listed under subsection (f)(1)(A) (i) 
     or (ii).
       ``(7) The Secretary shall not be required to place an 
     observer on a vessel in a commercial fishery if the Secretary 
     finds that--
       ``(A) in a situation where 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 of 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.
       ``(8) Any proprietary information collected under this 
     subsection shall be confidential and shall not be disclosed 
     except--
       ``(A) to Federal employees whose duties require access to 
     such information;
       ``(B) to State or tribal employees pursuant to an agreement 
     with the Secretary that prevents public disclosure of the 
     identity or business of any person;
       ``(C) when required by court order; or
       ``(D) in the case of scientific information involving 
     fisheries, to employees of Councils who are responsible for 
     fishery management plan development and monitoring.
       ``(9) The Secretary shall prescribe such procedures as may 
     be necessary to preserve the confidentiality of proprietary 
     information collected under this subsection, except that the 
     Secretary shall release or make public upon request any such 
     information in aggregate, summary, or other form which does 
     not directly or indirectly disclose the identity or business 
     of any person.
       ``(e) Zero Mortality Rate Goal.--(1) Commercial fisheries 
     shall reduce incidental mortality and serious injury of 
     marine mammals to insignificant levels approaching a zero 
     mortality and serious injury rate within 10 years after the 
     date of enactment of this section.
       ``(2) Fisheries which maintain insignificant serious injury 
     and mortality levels approaching a zero rate shall not be 
     required to further reduce their mortality rates.
       ``(3) Three years after such date of enactment, the 
     Secretary shall review the progress of all commercial 
     fisheries, by fishery, toward reducing incidental mortality 
     and serious injury to insignificant levels approaching a zero 
     rate. The Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Merchant Marine and Fisheries of the House of 
     Representatives a report setting forth the results of such 
     review within 1 year after commencement of the review. The 
     Secretary shall note any commercial fishery for which 
     inadequate information exists on the level of incidental 
     mortality and serious injury of marine mammals in the 
     fishery.
       ``(4) If the Secretary determines after review under 
     paragraph (3) that the rate of incidental mortality and 
     serious injury of marine mammals in a commercial fishery is 
     not consistent with paragraph (1), then the Secretary shall 
     take appropriate action under subsection (b), and shall make 
     recommendations to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Merchant 
     Marine and Fisheries of the House of Representatives on any 
     legislative changes needed to achieve the goal specified in 
     paragraph (1).
       ``(f) Registration and Authorization.--(1) The Secretary 
     shall, within 90 days after the date of enactment of this 
     section--
       ``(A) publish in the Federal Register for public comment, 
     for a period of not less than 90 days, any necessary changes 
     to the Secretary's list of commercial fisheries published 
     under section 114 (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 mortality and serious injury of 
     marine mammals;
       ``(ii) occasional incidental mortality and serious injury 
     of marine mammals; or
       ``(iii) a remote likelihood of or no known incidental 
     mortality or serious injury of marine mammals;
       ``(B) after the close of the period for such public 
     comment, publish in the Federal Register a revised list of 
     commercial fisheries and an update of information required by 
     subparagraph (A), together with a summary of the provisions 
     of this section and information sufficient to advise vessel 
     owners on how to obtain an authorization and otherwise comply 
     with the requirements of this section; and
       ``(C) at least once each year thereafter, and at such other 
     times as the Secretary considers appropriate, reexamine, 
     based on information gathered under this Act and other 
     relevant sources and after notice and opportunity for public 
     comment, the classification of commercial fisheries and other 
     determinations required under subparagraph (A) and publish in 
     the Federal Register any necessary changes.
       ``(2)(A) An authorization shall be granted by the Secretary 
     in accordance with this section for a vessel engaged in a 
     commercial fishery listed under paragraph (1)(A) (i) or (ii), 
     upon receipt by the Secretary of a completed registration 
     form providing the name of the vessel owner and operator, the 
     name and description of the vessel, the fisheries in which it 
     will be engaged, the approximate time, duration, and location 
     of such fishery operations, and the general type and nature 
     of use of the fishing gear and techniques used. Such 
     information shall be in a readily usable format that can be 
     efficiently entered into and utilized by an automated or 
     computerized data processing system. A decal or other 
     physical evidence that the authorization is current and valid 
     shall be issued by the Secretary at the time an authorization 
     is granted, and so long as the authorization remains current 
     and valid, shall be reissued annually thereafter.
       ``(B) No authorization may be granted under this section to 
     the owner of a vessel unless such vessel--
       ``(i) is a vessel of the United States; or
       ``(ii) has a valid fishing permit issued by the Secretary 
     in accordance with section 204(b) of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1824(b)).
       ``(C) Except as provided in subsection (a), an 
     authorization granted under this section shall allow the 
     incidental taking of all species and stocks of marine mammals 
     to which this Act applies.
       ``(3)(A) An owner of a vessel engaged in any fishery listed 
     under paragraph (1)(A) (i) or (ii) shall, in order to engage 
     in the lawful incidental taking of marine mammals in a 
     commercial fishery--
       ``(i) have registered as required under paragraph (2) with 
     the Secretary in order to obtain for each such vessel owned 
     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; and
       ``(iii) report as required by subsection (g).
       ``(B) Any owner of a vessel receiving an authorization 
     under this section for any fishery listed under paragraph 
     (1)(A) (i) or (ii) shall, as a condition of that 
     authorization, take on board an observer if requested to do 
     so by the Secretary.
       ``(C) An owner of a vessel engaged in a fishery listed 
     under paragraph (1)(A) (i) or (ii) who--
       ``(i) fails to obtain from the Secretary an authorization 
     for such vessel under this section;
       ``(ii) fails to maintain a current and valid authorization 
     for such vessel; or
       ``(iii) fails to ensure that a decal or other physical 
     evidence of such authorization issued by the Secretary is 
     displayed on or is in possession of the master of the vessel,

     and the master of any such vessel engaged in such fishery, 
     shall be deemed to have violated this title. Such owner and 
     master shall be subject to penalty under sections 105 and 107 
     for a violation of clause (i) or (ii), and shall be subject 
     to a fine of not more than $100 for each offense for a 
     violation of clause (iii).
       ``(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 an 
     incidental take reduction plan under this section, the owner 
     of such vessel, and the master and crew members of the 
     vessel, shall not be subject to the penalties set forth in 
     this title for the incidental taking of marine mammals while 
     such vessel is engaged in a fishery to which the 
     authorization applies.
       ``(E) Each owner of a vessel engaged in any fishery not 
     listed under paragraph (1)(A) (i) or (ii), and the master and 
     crew members of such a vessel, shall not be subject to the 
     penalties set forth in this title for the incidental taking 
     of marine mammals if such owner reports to the Secretary, in 
     the form and manner required under subsection (g), instances 
     of incidental mortality or injury of marine mammals in the 
     course of that fishery.
       ``(4) 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 (g) and such 
     requirements to take on board an observer under paragraph 
     (3)(B) as are applicable to such vessel. Previous failure to 
     comply with the requirements of section 114 shall not bar the 
     grant of an 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 regulations implementing an incidental take 
     reduction plan or emergency regulations issued under this 
     section.
       ``(5)(A) The Secretary shall develop, in consultation with 
     the appropriate States, affected 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.
       ``(g) Reporting Requirement.--The owner or operator of a 
     commercial fishing vessel subject to this Act shall report 
     all incidental mortality and injury of marine mammals in the 
     course of commercial fishing operations to the Secretary by 
     mail or other means acceptable to the Secretary within 48 
     hours after the end of each fishing trip on a standard 
     postage-paid form to be developed by the Secretary under this 
     section. Such form shall be capable of being readily entered 
     into and usable by an automated or computerized data 
     processing system and shall require the vessel owner or 
     operator to provide the following:
       ``(1) The vessel name, and Federal, State, or tribal 
     registration numbers of the registered vessel.
       ``(2) The name and address of the vessel owner or operator.
       ``(3) The name and description of the fishery.
       ``(4) the species of each marine mammal incidentally killed 
     or injured, and the date, time, and approximate geographic 
     location of such occurrence.
       ``(h) Penalties.--Except as provided in subsection (f), any 
     person who violates this section shall be subject to the 
     provisions of sections 105 and 107, and may be subject to 
     section 106 as the Secretary establishes by regulations.
       ``(i) Voluntary Measures.--Noting in this section shall be 
     construed to limit the Secretary's authority to permit 
     voluntary measures to be utilized in reducing the incidental 
     taking of marine mammals in commercial fisheries.
       ``(j) Consultation With Secretary of the Interior.--The 
     Secretary shall consult with the Secretary of the Interior on 
     measures promulgated under this section with affect species 
     or stocks under such Secretary's jurisdiction.''.

     SEC. 9. PENALTIES; PROHIBITIONS.

       (a) Civil Penalties.--Section 105(a)(1) of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) is 
     amended by inserting ``, except as provided in section 118,'' 
     immediately after ``thereunder'' and by inserting ``, 
     harassment,'' immediately after ``taking''.
       (b) Criminal Penalties.--Section 105(b) of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1375(b)) is amended 
     by inserting ``(except as provided in section 118)'' 
     immediately after ``thereunder''.
       (c) Prohibitions.--Section 102(a) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1372(a)) is amended by 
     striking ``and 114 of this title or title III'' and inserting 
     in lieu thereof ``114, and 118 of this title and title IV''.

     SEC. 10. AUTHORIZATION TO DETER MARINE MAMMALS NONLETHALLY.

       Section 101 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1371) is amended by adding at the end the following 
     new subsection:
       ``(d)(1) Except as provided in paragraph (2), the 
     provisions of this Act shall not apply to the use of 
     measures--
       ``(A) 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;
       ``(B) 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;
       ``(C) by any person, to deter a marine mammal from 
     endangering personal safety; or
       ``(D) 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 the marine mammal.
       ``(2) 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 designated as threatened or endangered 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), the Secretary shall recommend specific measures which 
     may be used to nonlethally deter such marine mammals. Actions 
     to deter marine mammals consistent with such guidelines or 
     specific measures shall not be a violation of this Act.
       ``(3) 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.
       ``(4) The authority to deter marine mammals pursuant to 
     paragraph (1) applies to all marine mammals, including all 
     stocks designated as depleted under this Act.''.

     SEC. 11. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE.

       Nothing in this Act, including any amendments to the Marine 
     Mammal Protection Act of 1972 made by this Act--
       (1) alters or is intended to alter any treaty between the 
     United States and one or more Indian tribes; or
       (2) affects or otherwise modifies the provisions of section 
     101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1371(b)), except as specifically provided in the amendment 
     made by section 4(h) of this Act.

     SEC. 12. TRANSITION RULE; IMPLEMENTING REGULATIONS.

       (a) Transition Rule.--Section 114(a)(1) of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1383a(a)(1)) is 
     amended by striking ``ending April 1, 1994,'' and inserting 
     in lieu thereof ``until superseded by regulations prescribed 
     under section 118, or until December 31, 1996, whichever is 
     earlier,''.
       (b) Implementing Regulations.--Except as provided otherwise 
     in this Act, or the amendments to the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1361 et seq.) made by this 
     Act, the Secretary of Commerce or the Secretary of the 
     Interior, as appropriate, shall, after notice and opportunity 
     for public comment, promulgate regulations to implement this 
     Act and the amendments made by this Act within 270 days after 
     the date of enactment of this Act.

     SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Definitions.--Section 3 of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1362) is amended)--
       (1) by striking paragraph (17);
       (2) by redesignating the second paragraph (15) and 
     paragraph (16) as paragraphs (16) and (17), respectively; and
       (3) in paragraph (12)(B), by striking ''in title III'' and 
     inserting in lieu thereof ``In section 118 and in title IV''.
       (b) Marine Mammal Health and Stranding Response.--The 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) 
     is amended--
       (1) by redesignating title III, as added by Public Law 102-
     587 (106 Stat. 5060), as title IV; and
       (2) by redesignating the sections of that title (16 U.S.C. 
     1421 through 1421h) as sections 401 through 409, 
     respectively.
       (c) Unusual Mortality Event Fund.--Section 405(a) of the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1421d(a)), as 
     so redesignated by subsection (b)(2) of this section, in 
     amended by striking ``a fund'' and inserting in the lieu 
     thereof ``an interest bearing fund''.

     SEC. 14. DEFINITIONS.

       Section 3 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1362), as amended by this Act, is further amended--
       (1) in paragraph (12), as redesignated by section 15 of 
     this Act, by striking ``harass,'' each place it appears; and
       (2) by adding at the end of the following new paragraphs:
       ``(18) The term `calculated removal level' for a marine 
     mammal stock is the product of the following factors:
       ``(A) the minimum population estimate of the stock;
       ``(B) one-half the maximum theoretical or estimated net 
     productivity rate for the stock at a small population size; 
     and
       ``(C) if the stock is specified under section 117(a)(7), 
     listed as endangered or threatened under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.), or designated 
     as depleted under this Act, a recovery factor that is no 
     greater than 1.0 to ensure that the stock will recover to its 
     optimum sustainable population.

     The recovery factor under subparagraph (C) shall not be less 
     than 0.1 for an endangered stock, shall not be less than 0.3 
     for a threatened or depleted stock, and shall not be less 
     than 0.5 for any other stock.
       ``(19) The term `Council' means any Regional Fishery 
     Management Council established under section 302 of the 
     Magnuson Fishery Conservation and Management Act (16 U.S.C. 
     1852).
       ``(20) The term `harassment' means any act of approach, 
     pursuit, torment, or annoyance which--
       ``(A) has the potential to harm a marine mammal in the 
     wild; or
       ``(B) 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, and sheltering.
       ``(21) The term `incidental take reduction plan' means a 
     plan developed under section 118.
       ``(22) The term `incidental take reduction team' means a 
     team established under section 118.
       ``(23) The term `net productivity rate' means the annual 
     per capita rate of increase in a stock resulting from 
     additions due to reproduction, less losses due to mortality.
       ``(24) The term `minimum population estimate' means an 
     estimate of the number of animals in a stock that--
       ``(A) is based on the best available scientific information 
     on abundance, incorporating the precision and variability 
     associated with such information; and
       ``(B) provides reasonable assurance that the stock size is 
     equal to or greater than the estimate.''.

     SEC. 15. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES.

       (a) Lawful Approaches.--In waters of the United States 
     surrounding the State of Hawaii, it is lawful for a person 
     subject to the jurisdiction of the United States to approach, 
     by any means other than an aircraft, no closer than 100 yards 
     to a humpback whale or any other whale, regardless of whether 
     the approach is made in waters designated under section 
     222.31 of title 50, Code of Federal Regulations, as cow/calf 
     waters.
       (b) Termination of Legal Effect of Certain Regulations.--
     Subsection (b) of section 222.31 of title 50, Code of Federal 
     Regulations, shall cease to be in force and effect.

     SEC. 16. PINNIPED-FISHERY INTERACTION TASK FORCE.

       Title I of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1371 et seq.), as amended by this Act, is further 
     amended by adding at the end the following new section:

     ``SEC. 119. PINNIPED-FISHERY INTERACTION TASK FORCE.

       ``(a) Pinniped Removal Authority.--Notwithstanding any 
     other provision of this title, the Secretary may permit the 
     lethal removal of pinnipeds in accordance with this section.
       ``(b) Application.--Any person may apply to the Secretary 
     to authorize the lethal removal of pinnipeds identified as 
     habitually exhibiting dangerous or damaging behavior that 
     cannot otherwise be deterred. Any such application shall 
     include a means of identifying the individual pinniped or 
     pinnipeds, and shall include a detailed description of the 
     problem interaction and expected benefits of the removal.
       ``(c) Actions in Response to Application.--(1) Within 15 
     days of receiving an application, the Secretary shall 
     determine whether the application has produced sufficient 
     evidence to warrant establishing a Pinniped-Fishery 
     Interaction Task Force to address the situation described in 
     the application. If the Secretary determines that such 
     sufficient evidence has been provided, the Secretary shall 
     establish a Pinniped-Fishery Interaction Task Force and 
     publish a notice in the Federal Register requesting public 
     comment on the application.
       ``(2) A Pinniped-Federal Interaction Task Force established 
     under paragraph (1) shall consist of designated employees of 
     the Department of Commerce, scientists who are knowledgeable 
     about the pinniped interaction that the application 
     addresses, representatives of affected conservation and 
     fishing community organizations, Indian Treaty tribes, the 
     States, and such other organizations as the Secretary deems 
     appropriate.
       ``(3) Within 60 days after establishment, and after 
     reviewing public comments in response to the Federal Register 
     notice, the Pinniped-Fishery Interaction Task Force shall--
       ``(A) recommend to the Secretary whether to approve or deny 
     the proposed lethal removal of the pinniped or pinnipeds, 
     including along with the recommendation a description of the 
     specific pinniped individual or individuals, the proposed 
     location, time, and method of removal, criteria for 
     evaluating the success of the action, and the duration of the 
     authority; and
       ``(B) suggest nonlethal alternatives, if available and 
     practicable, including a recommended course of action.
       ``(4) Within 30 days after receipt of recommendations from 
     the Pinniped-Fishery Interaction Task Force, the Secretary 
     shall either approve or deny the application. If such 
     application is approved, the Secretary shall immediately take 
     steps to implement the lethal removal, which shall be 
     performed by Federal or State agencies, or qualified 
     individuals under contract to such agencies.
       ``(5) After implementation of an approved application, the 
     Pinniped-Fishery Interaction Task Force shall evaluate the 
     effectiveness of the permitted lethal removal or alternative 
     actions implemented. If implementation was ineffective in 
     eliminating the problem interaction, the Task Force shall 
     recommend additional actions. If the implementation was 
     effective, the Task Force shall so advise the Secretary, and 
     the Secretary shall disband the Task Force.
       ``(d) Considerations.--In considering whether an 
     application should be approved or denied, the Task Force and 
     the Secretary shall consider--
       ``(1) population trends, feeding habits, the location of 
     the pinniped interaction, how and when the interaction 
     occurs, and how many individuals pinnipeds are involved;
       ``(2) past efforts to nonlethally deter such pinnipeds, and 
     whether the applicant has demonstrated that no feasible and 
     prudent alternatives exist and that the applicant has taken 
     all reasonable nonlethal steps without success;
       ``(3) the extent to which such pinnipeds are causing undue 
     harm, impact, or imbalance with other species in the 
     ecosystem, including fish populations; and
       ``(4) the extent to which such pinnipeds are exhibiting 
     behavior that presents an ongoing threat to public safety.
       ``(e) Limitation.--The Secretary shall not approve lethal 
     removal for any pinniped from a species or stock that is--
       ``(1) listed as threatened or endangered under the 
     Endangered Species Act of 1973;
       ``(2) designated as depleted under this Act; or
       ``(3) specified under section 117(a)(7) of this Act.
       ``(f) Regionwide Pinniped-Fishery Interaction Study.--
     (1)(A) The Secretary shall conduct a study, of not less than 
     three high predation areas in anadromous fish migration 
     corridors within the Northwest Region of the National Marine 
     Fisheries Service, on the interaction between fish and 
     pinnipeds. In carrying out the study, the Secretary shall 
     consult with other State and Federal agencies with expertise 
     in pinniped-fishery interaction. The study shall evaluate--
       ``(i) fish behavior in the presence of predators generally;
       ``(ii) holding times and passage rates of anadromous fish 
     stocks in areas where such aradromous fish are vulnerable to 
     predation;
       ``(iii) whether additional facilities exist, or could be 
     reasonably developed, that could improve escapement for 
     anadromous fish; and
       ``(iv) other issues the Secretary considers relevant.
       ``(B) Subject to the availability of appropriations, the 
     Secretary shall, not later than 18 months after the date of 
     enactment of this section, transmit a report on the results 
     of the study required by this paragraph to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Merchant Marine and Fisheries of the House of 
     Representatives.
       ``(C) There are authorized to be appropriated to the 
     Secretary $700,000 for the purpose of carrying out the study 
     required by this paragraph.
       ``(2) The study conducted under this subsection shall not 
     be considered relevant in any determination under subsection 
     (c), nor reviewed by any Task Force in connection with 
     considerations under subsection (d), until such study is 
     completed, and may not be used by the Secretary as a reason 
     for delaying or deferring a determination under subsection 
     (c).''.

     SEC. 17. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

       Title I of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1371 et seq.), as amended by this Act, is further 
     amended by adding at the end the following new section:

     ``SEC. 120. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

       ``(a) In General.--The Secretary may enter into cooperative 
     agreements with Alaska Native organizations to conserve 
     marine mammals and provide co-management of subsistence use 
     by Alaska Natives.
       ``(b) Grants.--Agreements entered into under this section 
     may include grants to Alaska Native organizations for, among 
     other purposes--
       ``(1) collecting and analyzing data on marine mammal 
     populations;
       ``(2) monitoring the harvest of marine mammals for 
     subsistence use;
       ``(3) participating in marine mammal research conducted by 
     the Federal Government, States, academic institutions, and 
     private organizations; and
       ``(4) developing marine mammal co-management structures 
     with Federal and State agencies.
       ``(c) Effect of Jurisdiction.--Nothing in this section is 
     intended or shall be construed--
       ``(1) as authorizing any expansion or change in the 
     respective jurisdiction of Federal, State, or tribal 
     governments over fish and wildlife resources; or
       ``(2) as altering in any respect the existing political or 
     legal status of Alaska Natives, or the governmental or 
     jurisdictional status of Alaska Native communities or Alaska 
     Native entities.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated for the purposes of carrying 
     out this section--
       ``(1) $1,500,000 to the Secretary of Commerce for each of 
     the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and
       ``(2) $1,000,000 to the Secretary of Interior for each of 
     the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

     The amounts authorized to be appropriated under this 
     subsection are in addition to the amounts authorized to be 
     appropriated under section 7 of the Act entitled `An Act to 
     improve the operation of the Marine Mammal Protection Act of 
     1972, and for other purposes', approved October 9, 1981 (16 
     U.S.C. 1384).''.

     SEC. 18. BERING SEA MARINE ECOSYSTEM PROTECTION.

       Section 110 of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1380) is amended by striking subsection (c) and 
     inserting in lieu thereof the following:
       ``(c)(1) The Secretary of Commerce, in consultation with 
     the Secretary of the Interior, the Marine Mammal Commission, 
     the State of Alaska, Alaska Native organizations, and fishery 
     and environmental groups, shall, not later than 180 days 
     after the date of enactment of the Marine Mammal Protection 
     Act Amendments of 1994, undertake a scientific research 
     program to monitor the health and stability of the Bering Sea 
     marine ecosystem and to resolve uncertainties concerning the 
     causes of population declines of marine mammals, sea birds, 
     and other living resources of that marine ecosystem. The 
     program shall address the research recommendations developed 
     by previous workshops on Bering Sea living marine resources, 
     and shall include research on subsistence uses of such 
     resources and ways to provide for the continued opportunity 
     for such uses.
       ``(2) To the maximum extent practicable, the research 
     program undertaken pursuant to paragraph (1) shall be 
     conducted in Alaska. The Secretary 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.''.

     SEC. 19. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

       Section 308(b) of the Interjurisdictional Fisheries Act of 
     1986 (16 U.S.C. 4107(b)) is amended by striking ``$2,500,000 
     for each of the fiscal years 1989, 1990, 1991, 1992, 1993, 
     1994, and 1995'' and inserting in lieu thereof ``$65,000,000 
     for each of the fiscal years 1994 and 1995''.

     SEC. 20. COASTAL ECOSYSTEM HEALTH.

       (a) Requirement to Convey.--Not later than September 30, 
     1994, the Secretary of the Navy shall convey, without payment 
     or other consideration, to the Secretary of Commerce, all 
     right, title, and interest to the property comprising that 
     portion of the Naval Base, Charleston, South Carolina, 
     bounded by Hobson Avenue, the Cooper River, the landward 
     extension of the northwest side of Pier R, and the fenceline 
     between the buildings known as RTC-1 and 200. Such property 
     shall include Pier R, the buildings known as RTC-1 and RTC-4, 
     and all walkways and parking areas associated with such 
     buildings and Pier R.
       (b) Survey; Effect on Liability of Secretary of the Navy.--
     The acreage and legal description of the property to be 
     conveyed pursuant to this section shall be determined by a 
     survey approved by the Secretary of the Navy. Such conveyance 
     shall not release the Secretary of the Navy from any 
     liability arising prior to, during, or after such conveyance 
     as a result of the ownership or occupation of the property by 
     the United States Navy.
       (c) Use by National Oceanic and Atmospheric 
     Administration.--The property conveyed pursuant to this 
     section shall be used by the Secretary of Commerce in support 
     of the operations of the National Oceanic and Atmospheric 
     Administration.
       (d) Reversion Rights.--Conveyance of the property pursuant 
     to this section shall be subject to the condition that all 
     right, title, and interest in and to the property so conveyed 
     shall immediately be conveyed to the public entity vested 
     with ownership of the remainder of the Charleston Naval Base, 
     if and when--
       (1) continued ownership and occupation of the property by 
     the National Oceanic and Atmospheric Administration no longer 
     is compatible with the comprehensive plan for reuse of the 
     Charleston Naval Base developed by the community reuse 
     committee and approved by the Secretary of the Navy; and
       (2) such public entity provides for relocation of the 
     programs and personnel of the National Oceanic and 
     Atmospheric Administration occupying such property, at no 
     further cost to the United States Government, to a comparable 
     facility, including adjacent waterfront and pier, within the 
     Charleston area.
                                 ______


                  EXON (AND OTHERS) AMENDMENT NO. 1551

  Mr. JOHNSTON (for Mr. Exon for himself, Mr. Danforth, Mr. Graham, Mr. 
Inouye, Mr. Mack, Mrs. Hutchison, Mr. Packwood, Mr. Pressler, Mr. 
Cochran, Mr. Lott, Mr. Gorton, Mr. Kerrey, Mr. Daschle, Mr. DeConcini, 
Mr. Simon, Ms. Mikulski, Ms. Moseley-Braun, and Mr. D'Amato) proposed 
an amendment to the bill S. 1636, supra; as follows:

       Strike all on page 13, line 15, through page 15, line 19, 
     and insert the following:

     SEC. 5. PERMITS.

       (a) Prohibitions.--Section 102(a) of the Marine Mammal 
     Protection Act of 1972 (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 in lieu thereof ``to take or import''; and
       (2) by amending paragraph (4) to read as follows:
       ``(4) for any person to transport, purchase, sell, export, 
     or offer to purchase, sell, or export any marine mammal or 
     marine mammal product--
       ``(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 section 104(c); and''.
       (b) Permits.--(1) Section 104(a) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1374(a)) is amended--
       (A) by inserting ``, harassment,'' immediately after 
     ``taking''; and
       (B) by inserting ``except for the incidental taking of 
     marine mammals during the course of commercial fishing 
     operations'' immediately before the period at the end.
       (2) Section 104(c)(1) of the Marine Mammal Protection Act 
     of 1972 (16 U.S.C. 1374(c)(1) is amended by striking ``and 
     after'' in the first sentence.
       (3) Paragraph (2) of section 104(c) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1374(c)) is amended 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 the 
     Animal Welfare Act (7 U.S.C. 2131 et seq.); and
       ``(iii) maintains facilities for the public display of 
     marine mammals that are open to the public on a regularly 
     scheduled basis and that access to such facilities is not 
     limited or restricted other than by charging of an admission 
     fee.
       ``(B) A permit under this paragraph shall grant to the 
     person to which it is issued the right, without obtaining any 
     additional permit or authorization under this Act, to--
       ``(i) take, import, purchase, offer to purchase, possess, 
     or transport the marine mammal that is the subject of the 
     permit; and
       ``(ii) sell, export, or otherwise transfer possession of 
     the marine mammal, or offer to sell, export, or otherwise 
     transfer possession of the marine mammal--
       ``(I) for the purpose of public display, to a person that 
     meets the requirements of clauses (i), (ii), and (iii) of 
     subparagraph (A);
       ``(II) for the purpose of scientific research, to a person 
     that meets the requirements of paragraph (3); or
       ``(III) for the purpose of enhancing the survival or 
     recovery of a species or stock, to a person that meets the 
     requirements of paragraph (4).
       ``(C) A person to which a marine mammal is sold or exported 
     or to which possession of a marine mammal is otherwise 
     transferred under the authority of subparagraph (B) shall 
     have the rights and responsibilities described in 
     subparagraph (B) with respect to the marine mammal without 
     obtaining any additional permit or authorization under this 
     Act. Such responsibilities shall--
       ``(i) for the purpose of public display, be limited to the 
     responsibility to meet the requirements of clauses (i), (ii), 
     and (iii) of subparagraph (A);
       ``(ii) for the purpose of scientific research, be limited 
     to 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, be limited to 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) 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).''.
       (4) Paragraph (3) of section 104(c) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1374(c)) is amended to read 
     as follows:
       ``(3)(A) A permit may be issued, for scientific research 
     purposes that are likely to result in the taking or 
     harassment of a marine mammal, to an applicant who submits 
     information with the permit application indicating that the 
     taking or harassment is required to further a bona fide 
     scientific purpose. The Secretary is authorized to issue 
     permits under this paragraph prior to the end of the 
     mandatory public review and comment period if delaying the 
     issuance of such permit could result in harm to a species, 
     stock, or individual marine mammal, or result in loss of 
     unique research opportunities.
       ``(B) No permit issued for purposes of scientific research 
     under subparagraph (A) shall authorize the lethal taking of a 
     marine mammal unless the applicant submits documentation to 
     the Secretary 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 designated as 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 60 days after the date of enactment of 
     the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary shall grant a general authorization and shall issue 
     implementing regulations allowing bona fide scientific 
     research that is not likely to result in the taking or 
     harassment of a marine mammal. Such authorization shall apply 
     to persons who submit, at least 60 days prior to commencement 
     of the research, a letter of intent to the Secretary 
     specifying--
       ``(i) the species or stock of marine mammal on which the 
     research will be conducted;
       ``(ii) the geographic location of the research;
       ``(iii) the period of time over which the research will be 
     conducted;
       ``(iv) the purpose of the research, including a description 
     of how the definition of bona fide research as established by 
     the Secretary under this Act would apply; and
       ``(v) the methods 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 or harassment of a 
     marine mammal, and that the provisions of subparagraph (A) 
     apply. If no such notification is received, the proposed 
     research shall be covered under the general authorization.''.
       (5) Section 104(c) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1374(c)) is amended by adding at the end the 
     following new paragraphs:
       ``(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 possession of a marine mammal 
     pursuant to a permit under paragraph (2), or a person 
     exercising rights under paragraph (2)(C), 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 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) 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.''.
       (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.

     

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