[Congressional Record Volume 140, Number 32 (Monday, March 21, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1993

  Mr. JOHNSTON. Madam President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar Order No. 
348, S. 1636, the Marine Mammal Protection Act Amendments of 1993.
  The ACTING PRESIDENT pro tempore. The bill will be stated by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1636) to authorize appropriations for the Marine 
     Mammal Protection Act of 1972 and to improve the program to 
     reduce the incidental taking of marine mammals during the 
     course of commercial fishing operations, and for other 
     purposes.

  The ACTING PRESIDENT pro tempore. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 1636

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Marine Mammal Protection Act 
     Amendments of 1993''.

     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 
     1998;
       (2) ensure that the incidental take of marine mammals in 
     any fishery, by itself and in combination with other human 
     activities, 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 population range;
       (3) avoid restrictions on fishing operations when such 
     restrictions are not necessary to meet the purpose described 
     in paragraph (2);
       (4) prohibit international lethal taking during commercial 
     fishing, except as authorized through a waiver under section 
     101(a)(3) of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1371(a)(3));
       (5) focus efforts on identifying and addressing the most 
     significant problems involving fishery-marine mammal 
     interactions, considering both the status of the affected 
     marine mammal stocks and the numbers of marine mammals that 
     are taken incidentally in each fishery;
       (6) streamline the procedure for authorizing the incidental 
     taking of marine mammals in commercial fisheries, consistent 
     with the long-term objective of identifying and taking such 
     steps as may be practicable to reduce mortality and serious 
     injury incidental to commercial fishing operations to 
     insignificant [levels] rates approaching zero; and
       (7) develop a cost-effective program for reliably 
     monitoring (A) the levels of incidental take of marine 
     mammals in commercial fisheries and (B) the size and current 
     population trends of the affected marine mammals stocks.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       (a) Commerce Department.--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.--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, $21,636,000 for fiscal year 1994, $22,502,000 
     for fiscal year 1995, $23,402,000 for fiscal year 1996, 
     $24,338,000 for fiscal year 1997, and $25,311,000 for fiscal 
     year 1998.''.
       (b) Interior Department.--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 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, and $9,900,000 for fiscal year 1998.''.
       (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, and $1,550,000 for 
     fiscal year 1998.''.

     SEC. 4. INCIDENTAL TAKING OF ENDANGERED AND THREATENED 
                   SPECIES.

       (a) In General.--Section 101(a)(4) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1371(a)(4)) is amended to 
     read as follows:
       ``(4)(A) The Secretary may allow the incidental, but not 
     the intentional, taking, by citizens of the United States 
     while engaging in commercial fishing operations, of marine 
     mammals from a species or stock designated under [the] this 
     Act 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 such taking 
     is pursuant to a statement issued by the Secretary for such 
     taking under section 7 of such Act (16 U.S.C. 1536).
       ``(B) Sections 103 and 104 shall not apply to the taking of 
     marine mammals under the authority of this paragraph.''.
       (b) Conforming Amendment.--Section 7(b)(4)(C) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4)(C)) is 
     amended by inserting ``101(a)(4) or'' immediately before 
     ``101 (a)(5)'' each place it appears.

     SEC. 5. CONSERVATION PLANS.

       Section 115(b) of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. [13836(b))] 1383b(b)) is amended by adding at the 
     end the following new paragraph:
       ``(4) If the Secretary determines that an incidental taking 
     plan is necessary to reduce the incidental taking of marine 
     mammals in the course of commercial fishing operations from a 
     stock identified as a critical stock under section [118(c)], 
     117(c), any conservation plan required under this subsection 
     for such stock shall only address non-incidental takings.''.

     SEC. 6. 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.) is amended by adding at the end the 
     following new section:
    
    

     ``SEC. [118.] 117. TAKING OF MARINE MAMMALS INCIDENTAL TO 
                   COMMERCIAL FISHING OPERATIONS.

       ``(a) In General.--(1) Except as provided in section 114 
     and in paragraphs (2), (3), and (4) of this section, and 
     notwithstanding section 101, 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)). The Secretary shall 
     develop and implement incidental taking plans under this 
     section to reduce the incidental lethal taking of marine 
     mammals, from stocks listed as critical stocks under 
     subsection (c), to a level below the calculated acceptable 
     removal level.
       ``(2) Section 101(a)(4), and not this section, shall govern 
     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.
       ``(3) Sections 104(h) and 306, 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 an experimental population of California 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.
       ``(b) Scientific Consultation.--In implementing the 
     incidental taking program under this section, the Secretary 
     shall seek the advice of individuals with expertise in marine 
     mammal biology and ecology, population dynamics and modeling, 
     and commercial fishing technology and practices. Such advice 
     should be sought with respect to information available, and 
     actions proposed, for such implementation, including--
       ``(1) information provided in connection with stock 
     assessments under this section;
       ``(2) studies needed to resolve uncertainties regarding 
     stock separation, stock abundance, or trends and factors 
     affecting distribution, size, or productivity of stocks;
       ``(3) studies needed to resolve uncertainties in 
     determining marine mammal species, numbers, ages, and gender, 
     and the reproductive status of stocks; and
       ``(4) research to identify modifications in fishing gear 
     and fishing practices likely to reduce the mortality and 
     serious injury of marine mammals incidental to commercial 
     fishing operations.
       ``(c) Stock Assessments.--(1) Using the best scientific 
     information available and in accordance with this subsection, 
     the Secretary shall prepare and issue, and thereafter (as 
     appropriate) revise, a stock assessment for each marine 
     mammal stock which occurs in waters under the jurisdiction of 
     the United States. The stock assessment shall include--
       ``(A) a definition of the stock by species [of] or 
     subspecies and its spatial and temporal distribution;
       ``(B) the best available estimates of the stock's 
     population abundance, realistic minimum population size, and 
     current population trend;
       ``(C) estimates of the total lethal take from the stock by 
     source and, for a stock designated under this subsection as a 
     critical stock, other factors that may impede recovery of the 
     stock, including impacts on marine mammal habitat and prey; 
     and
       ``(D) a description of any commercial fishery that 
     interacts with the stock, including--
       ``(i) the approximate number of vessels participating in 
     the fishery;
       ``(ii) the approximate incidental lethal and serious injury 
     take from the stock by such fishery;
       ``(iii) seasonal or area differences in levels of such 
     incidental lethal or serious injury take; and
       ``(iv) the rate of incidental mortality in the stock caused 
     by such fishing, based on a unit of fishing effort;
       ``(E) a determination as to the status of the stock, 
     including whether the stock is determined to be within its 
     optimum sustainable population range, is designated as 
     depleted under this Act, is listed as threatened or 
     endangered under the Endangered Species Act of 1973, or is 
     proposed for listing as a critical stock under subparagraph 
     (G);
       ``(F) a determination of the calculated acceptable removal 
     level for the stock and the factors used to calculate it, 
     including a recovery factor if the stock is below its optimum 
     sustainable population; and
       ``(G) designation of the stock (based on a scientific 
     analysis of the stock's population trend and population size, 
     the level of total lethal take from the stock from all 
     sources, and the best available estimates of net productivity 
     at the maximum net productivity level) for listing in one of 
     the following categories:
       ``(i) Class 1, consisting of stocks whose population size 
     is declining, or whose population trend is unknown and whose 
     realistic minimum population is less than 10,000, and from 
     which the total annual lethal take exceeds the net 
     productivity of the population when it is at its maximum net 
     productivity level.
       ``(ii) Class 2, consisting of stocks--
       ``(I) whose population size is declining, or whose 
     population trend is unknown and whose realistic minimum 
     population is less than 10,000; and from which the total 
     annual lethal take is between 20 percent and 100 percent of 
     the net productivity of the stock's population when it is at 
     its maximum net productivity level; or
       ``(II) whose population size is stable, or whose population 
     trend is unknown and [the] whose realistic minimum population 
     is greater than 10,000 but less than 100,000; and from which 
     the total annual lethal take exceeds the net productivity of 
     the stock's population when it is at its maximum net 
     productivity level.
       ``(iii) Class 3, consisting of stocks--
       ``(I) whose population size is declining, or whose 
     population trend is unknown and whose realistic minimum 
     population is less than 10,000; and from which the total 
     annual lethal take is less than 20 percent of the net 
     productivity of the stock's population when it is at its 
     maximum net productivity level;
       ``(II) whose population size is stable, or whose population 
     trend is unknown and whose realistic minimum population is 
     greater than 10,000 but less than 100,000; and from which the 
     total annual lethal take is between 20 percent and 100 
     percent of the net productivity of the stock's population 
     when it is at its maximum net productivity level; or
       ``(III) whose population size is increasing, or whose 
     population trend is unknown and whose realistic minimum 
     population is greater than 100,000; and from which the total 
     annual lethal take exceeds the net productivity of the 
     stock's population when it is at its maximum net productivity 
     level.
       ``(iv) Class 4, consisting of stocks--
       ``(I) whose population size is stable, or whose population 
     trend is unknown and [the] whose realistic minimum population 
     is greater than 10,000 but less than 100,000; and from which 
     the total annual lethal take is [between] less than 20 
     percent [and 100 percent] of the net productivity of the 
     stock's population when it is at its maximum net productivity 
     level; or
       ``(II) whose population size is increasing, or whose 
     population trend is unknown and whose realistic minimum 
     population is greater than 100,000; and from which the total 
     annual lethal take is between 20 percent and 100 percent of 
     the net productivity of the stock's population when it is at 
     its maximum net productivity level.
       ``(v) Class 5, consisting of stocks whose population size 
     is increasing, or whose population trend is unknown and [the] 
     whose realistic minimum population is greater than 100,000; 
     and from which the total annual lethal take is less than 20 
     percent of the net productivity of the stock's population 
     when it is at its maximum net productivity level.
       ``(2) Not later than 240 days after the date of enactment 
     of this section, the Secretary shall issue a draft of each 
     stock assessment required by this subsection, after seeking 
     advice from the experts described in subsection (b). The 
     Secretary shall publish in the Federal Register a notice of 
     availability of the draft and provide an opportunity for 
     public review and comment during a period of not to exceed 60 
     days.
       ``(3) Not later than 90 days after the close of the public 
     comment period on such preliminary stock assessment, the 
     Secretary shall publish in the Federal Register a final stock 
     assessment, after consideration of advice, recommendations, 
     and comments of experts and the general public and the best 
     scientific information available.
       ``(4) The Secretary shall review stock assessments in 
     accordance with this subsection, and obtain advice and 
     recommendations from experts--
       ``(A) on an annual basis for stocks listed as critical 
     stocks or for which new information is available; and
       ``(B) at least once every 3 years for all other marine 
     mammal stocks.
     The Secretary shall revise such assessments after notice and 
     opportunity for public comment, if the review indicates 
     revision is necessary.
       ``(d) Incidental Taking Plan.--(1) The Secretary shall 
     develop and implement an incidental taking plan designed to 
     assist in the recovery of each marine mammal stock that is 
     listed as a critical stock and interacts with commercial 
     fisheries. Such plan shall be developed in consultation with 
     the incidental take team established for the plan under this 
     subsection. If there is insufficient funding available to 
     develop and implement an incidental taking plan for all 
     critical stocks that interact with commercial fisheries, the 
     Secretary shall give highest priority to the development and 
     implementation of incidental taking plans for Class 1 stocks. 
     Within a particular class of critical stocks that interact 
     with commercial fisheries, the Secretary shall give highest 
     priority to the development and implementation of plans for 
     stocks that the Secretary considers the most critical within 
     the class.
       ``(2) Each incidental taking plan developed under this 
     subsection for a critical stock shall include the following:
       ``(A) A review and evaluation of the information contained 
     in the stock assessment published under subsection (c) and 
     any 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 or voluntary actions for 
     the reduction of incidental taking by commercial fisheries. 
     Such proposed measures and actions shall be developed in 
     light of the plan's immediate objective of reducing 
     incidental lethal and serious injury take by commercial 
     fisheries by the same proportion as their proportion of the 
     total lethal and serious injury take from all sources.
       ``(D) A long-term strategy to reduce, to insignificant 
     rates approaching zero within 10 years, the incidental 
     mortality and serious injury within the stock that results 
     from commercial fishing operations.
       ``(3) Each incidental taking plan shall include projected 
     dates for achieving the objectives of the plan. If the total 
     lethal take exceeds the calculated acceptable removal level, 
     the plan shall include measures the Secretary expects will 
     reduce, within 6 months after commencement of fishing, the 
     share of the lethal take that exceeds the calculated 
     acceptable removal level and is attributable to commercial 
     fisheries.
       ``(4)(A) At the earliest possible time (not later than 120 
     days) after the Secretary issues a final stock assessment 
     listing a stock as a critical stock, the Secretary shall--
       ``(i) establish an incidental take team for such critical 
     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 critical stock, 
     and all the commercial fisheries that have lethal incidental 
     takings from such stock.
       ``(B) The Secretary may charge an incidental take team to 
     deal with a stock that extends over one or more regions, or 
     multiple stocks within a region, if the Secretary determines 
     that doing so would facilitate the development and 
     implementation of plans required under this subsection.
       ``(C) Members of incidental take teams shall be individuals 
     knowledgeable and experienced regarding the measures to 
     conserve such stocks and to reduce any takings from such 
     stock incidental to commercial fishing operations. Members 
     may include representatives of Federal and State agencies, 
     regional fishery management councils and commissions, 
     academic and scientific organizations, environmental and 
     fishery groups, and others as the Secretary considers 
     appropriate. Incidental take teams shall, to the maximum 
     extent practicable, consist of an equitable balance among 
     representatives of government, resource user interests, and 
     non-user interests. Incidental take 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 
     publicity on the time and place of such meetings.
       ``(D) Members of incidental take teams shall serve without 
     compensation, but shall be reimbursed by the Secretary for 
     reasonable travel costs and expenses incurred in performing 
     their duties as members of the team.
       ``(E) Nothing in this section shall be construed to 
     constrain the Secretary from establishing priority among 
     classes of critical stocks covered by this subsection and 
     exercising discretion (in consultation with scientific 
     experts) to address such stocks in any fiscal year according 
     to that priority.
       ``(5) Where the total lethal take from such a critical 
     stock is estimated to be greater than the calculated 
     acceptable removal level established in the stock assessment, 
     the following procedures shall apply in the development of 
     the incidental taking plan for the stock:
       ``(A) Not later than 6 months after the date of 
     establishment of an incidental take team for the stock, the 
     team shall submit a draft incidental taking plan for the 
     critical stock to the Secretary, consistent with the other 
     provisions of this section.
       ``(B)(i) The Secretary shall take the draft incidental 
     taking 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 a proposed 
     incidental taking plan and proposed regulations to implement 
     such plan, for public review and comment.
       ``(ii) In the event that the incidental take 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 taking plan and implementing regulations, 
     for public review and comment.
       ``(C) Not later than 60 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final incidental taking plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary and the incidental take team shall meet 
     every 6 months to monitor the implementation of the final 
     incidental taking plan until such time that the Secretary 
     determines that meetings are no longer necessary.
       ``(E) The Secretary may, in consultation with the 
     incidental take team, amend the incidental taking plan and 
     implementing regulations as necessary, consistent with the 
     procedures in this section for the issuance of such plans and 
     regulations.
       ``(6) Where the total lethal take from a critical stock to 
     which this subsection applies is estimated to be less than 
     the calculated acceptable removal level established in the 
     stock assessment, the following procedures shall apply in the 
     development of the incidental taking plan for the stock:
       ``(A) Not later than 11 months after the date of 
     establishment of an incidental take team for the stock, the 
     team shall submit a draft incidental taking plan for the 
     stock to the Secretary, consistent with the other provisions 
     of this section.
       ``(B)(i) The Secretary shall take the draft incidental 
     taking plan into consideration and, not later than 60 days 
     following the submission of the draft plan by the team, the 
     Secretary shall publish in the Federal Register a proposed 
     incidental taking plan and implementing regulations, for 
     public review and comment.
       ``(ii) In the event that the incidental take 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 taking plan and implementing regulations, 
     for public review and comment.
       ``(C) Not later than 60 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final incidental taking plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary and the incidental take team shall meet 
     on an annual basis to monitor the implementation of the final 
     incidental taking plan until such time that the Secretary 
     determines that [formal] meetings are no longer necessary.
       ``(E) The Secretary may, in consultation with the 
     incidental take team, amend the incidental taking plan and 
     implementing regulations as necessary, consistent with the 
     procedures in this section for the issuance of such plans and 
     regulations.
       ``(7) If the Secretary finds, prior to the issuance of a 
     final incidental taking plan, that the incidental taking of 
     marine mammals in a commercial fishery is having an immediate 
     and significant adverse impact on the stock to which the plan 
     would apply, the Secretary may, after consultation with 
     appropriate Regional Fishery Management Councils and State 
     fishery managers, prescribe emergency regulations to reduce, 
     to the maximum extent practicable, such incidental taking. In 
     prescribing such emergency regulations, the Secretary shall 
     take into account the economics of the fishery concerned and 
     the availability of existing technology to prevent or 
     minimize incidental taking of marine mammals, and shall 
     conform such regulations, to the maximum extent practicable, 
     with existing State or regional fishery management plans. 
     Such regulations--
       ``(A) shall be published in the Federal Register together 
     with the reasons therefor;
       ``(B) shall remain in effect for not more than 180 days, 
     until such time as a final incidental taking plan for the 
     stock is issued, or until the end of the applicable 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 the reasons for the 
     emergency regulations no longer exist.
       ``(e) Regulatory Measures.--(1)(A) The Secretary shall, 
     after notice and opportunity for public comment, promulgate 
     regulations to implement an incidental taking plan necessary 
     to accomplish the objectives set forth in [subsection (i).] 
     subsections (d) and (i).
       ``(B) Nothing in this paragraph shall be construed to limit 
     the authority of the Secretary to modify the incidental 
     taking plan at the request of the appropriate Regional 
     Fishery Management Council or State or tribal management 
     authority.
       ``(2) In implementing an incidental taking plan issued 
     pursuant to this section, the Secretary may promulgate 
     regulations which include, but are not limited to, measures 
     to--
       ``(A) establish fishery-specific incidental lethal taking 
     limits or restrict commercial fisheries by time or area;
       ``(B) register commercial fishing vessels as set forth in 
     subsection (f);
       ``(C) require the use of alternative gear techniques and 
     new technologies, encourage the development of such gear or 
     technology, or convene expert skippers' panels;
       ``(D) educate commercial fishermen and other individuals, 
     through workshops and other means, on the importance of 
     reducing the incidental lethal taking of marine mammals from 
     critical stocks; and
       ``(E) monitor the level of the incidental lethal taking of 
     marine mammals in the course of commercial fishing 
     operations, as set forth in subsection (h).
       ``(f) Registration of Vessels.--(1) Subject to the 
     provisions of this subsection, the Secretary may develop a 
     system to register commercial fishing vessels and to assess 
     fishery effort, where such system is necessary, to understand 
     the interaction between commercial fisheries and marine 
     mammal stocks in a region.
       ``(2) In developing a registration system to understand 
     such interactions, the Secretary shall rely upon existing 
     Federal, State, or tribal data bases which provide the 
     following information about an affected commercial fishery:
       ``(A) The approximate number of vessels participating in 
     the fishery.
       ``(B) The identity of specific vessels to be registered.
       ``(C) The owner [of] or operator, or both, of such vessels.
       ``(D) The time period in which the fishery occurs.
       ``(E) The approximate geographic location, or its official 
     reporting area where the fishery occurs.
       ``(F) The description of fishing gear, including the 
     appropriate unit of fishery effort.
       ``(3) The incidental take teams shall advise the Secretary 
     as to whether existing Federal, State, or tribal data bases 
     are capable of being utilized to understand the interaction 
     between commercial fisheries and critical stocks in a region. 
     If the Secretary determines, after consultation with such a 
     team, that data bases for specific fisheries which provide 
     the information required under paragraph (2) are not 
     available to the Secretary or the team, the Secretary may 
     require through regulation separate registration to obtain 
     the information set forth in paragraph (2).
       ``(4)(A) The Secretary may, as a condition of accepting a 
     Federal, State, or tribal registration as adequate for the 
     purposes of this section, require such registration to be 
     supplemented by the requirement that the vessels so 
     registered display a decal or other evidence, issued by the 
     registering authority, that indicates the registration is 
     current.
       ``(B) To the extent the Secretary determines that separate 
     registration is required for a specific fishery pursuant to 
     paragraph (3), the Secretary is authorized to charge a fee 
     for the issuance of a decal or other evidence indicating the 
     registration is current. The fee charged under this 
     subparagraph shall not exceed the administrative costs 
     incurred in issuing the decal or other evidence. Fees 
     collected under this subparagraph shall be available to the 
     Under Secretary of Commerce for Oceans and Atmosphere for 
     expenses incurred in the [issuances] issuance of such decal 
     or other evidence.
       ``(5) The costs of maintaining a separate registry system 
     for a specific fishery pursuant to paragraph (3) shall be 
     covered through Federal appropriations.
       ``(6) The Secretary may include within a registration 
     system under this subsection only those vessels that fish in 
     a fishery that has frequent or occasional incidental taking 
     of marine mammals.
       ``(g) Reporting Requirement.--The owner or operator of a 
     commercial fishing vessel subject to this Act shall report 
     all incidental lethal and serious injury takings of marine 
     mammals in the course of commercial fishing operations to the 
     Secretary at the end of each fishing trip on a standard form 
     to be developed by the Secretary under this section. Such 
     form shall be readable by computer or other machine and shall 
     require the vessel owner or operator to provide the 
     following:
       ``(1) The vessel name, and Federal, [State] 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 marine mammal incidentally killed or 
     seriously injured, and the date and time of such incidental 
     taking.
       ``(5) The time and period in which the fishery occurred.
       ``(6) The approximate geographic location of the incidental 
     taking.
       ``(h) Monitoring.--(1) The Secretary may establish a vessel 
     observer program to monitor incidental lethal and serious 
     injury takings of marine mammals during the course of 
     commercial fishing operations. The purpose of the monitoring 
     program shall be to develop independent information on 
     interactions between commercial fisheries and marine mammals 
     and to verify reporting of incidental lethal and serious 
     injury takings under subsection (g). Observers may perform 
     other tasks including, but not limited to--
       ``(A) recording other sources of mortality;
       ``(B) recording the number of marine mammals sighted during 
     the observation period; and
       ``(C) other scientific investigations, including collection 
     of marine mammal tissues.
       ``(2) Commercial fishing vessels shall carry observers on 
     board, when requested by the Secretary, to the extent that 
     the vessel can safely accommodate the observer. The owner or 
     operator of a vessel who refuses to carry an observer shall 
     be subject to a civil penalty, pursuant to subsection (j).
       ``(3)(A) The Secretary may establish an incidental take 
     monitoring program to achieve the objectives of this 
     [paragraph] subsection, which may include, but not be limited 
     to, direct observation of fishing activities from vessels, 
     airplanes, video observation, or points on shore.
       ``(B) Individuals engaged in such monitoring program shall 
     collect scientific information on [fisheries] marine mammal 
     interactions consistent with the requirements of this 
     [paragraph] subsection.
       ``(4) The cost of the monitoring program shall be funded by 
     Federal appropriations, and the Secretary shall allocate 
     available observers among fisheries consistent with the 
     following priority:
       ``(A) The highest priority shall be given to fisheries that 
     incidentally lethally take or seriously injure animals from 
     (i) stocks designated as depleted on the basis of their 
     listing as endangered or threatened species under the 
     Endangered Species Act of [1993,] 1973, or (ii) critical 
     stocks.
       ``(B) The second highest priority shall be given to 
     fisheries other than those described in subparagraph (A) in 
     which the greatest incidental lethal take and serious injury 
     of marine mammals occurs.

     When the Secretary determines [the] that sufficient 
     observation of a specific fishery has occurred, the Secretary 
     may discontinue such observation and direct available 
     observer resources to the next fishery in priority. Nothing 
     in this subsection precludes the Secretary from resuming 
     observation of a fishery when necessary to achieve additional 
     verification of the nature of interactions with marine mammal 
     stocks.
       ``(5) Notwithstanding paragraph (4), the Secretary may 
     initiate, where necessary, additional monitoring programs to 
     gather information on the interaction between commercial 
     fisheries and marine mammal stocks not identified as critical 
     stocks. Such information may be used to verify--
       ``(A) the numbers of incidental lethal and serious injury 
     takings of marine mammals in a commercial fishery, and the 
     rate of such takings;
       ``(B) impacts on marine mammals of changes in fishing 
     patterns or technologies; and
       ``(C) the accuracy of reporting, by vessel owners and 
     operators, of the lethal and serious injury takings of 
     commercial fishing vessels.
       ``(i) Zero Mortality Rate Goal.--(1) Commercial fisheries 
     shall reduce their rates of incidental lethal or serious 
     injury taking, to insignificant rates approaching zero within 
     10 years after the date of enactment of this section.
       ``(2) Fisheries which maintain insignificant serious injury 
     and mortality rate levels approaching zero shall not be 
     required to further reduce their mortality rates.
       ``(3) Three years after such date of enactment, the 
     Secretary shall review the [progress,] progress of commercial 
     fisheries, by fishery, toward reducing mortality and serious 
     injury rates to insignificant rates approaching zero. 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 no information exists 
     on its incidental serious injury or mortality rate of marine 
     mammals.
       ``(4) If the Secretary determines after review under 
     paragraph (3) that the rate of incidental lethal and serious 
     injury taking in a commercial fishery is not consistent with 
     paragraph (1), then the Secretary 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 further actions to achieve 
     the goal specified in paragraph (1).
       ``(j) Penalties.--(1) Except as provided in paragraph (2), 
     a person who violates this section, or any regulations 
     thereunder, may be assessed a civil penalty of not more than 
     $5,000 for each violation, and shall not be subject to 
     penalty under any other provision of this Act. The penalty 
     shall reflect the severity of the violation in relation to 
     preventing the reduction of incidental lethal taking of 
     marine mammals, or the accomplishment of other express 
     objectives of this section.
       ``(2) Intentional killing of marine mammals, or failure to 
     report incidental lethal takings of marine mammals as 
     required by this section, shall be subject to the penalties 
     in section 105.
       ``(3) Each owner or operator of a vessel engaged in a 
     fishery that has a remote likelihood of or no known 
     incidental taking of marine mammals, and the master and crew 
     members of such vessel, shall not be subject to penalties 
     under this section or any other provision of this Act for the 
     incidental taking of marine mammals if such owner or operator 
     reports to the Secretary in accordance with subsection 
     [(f)(4)] (g)(4).
       ``(k) Voluntary Measures.--Nothing 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.
     ``(l) Definitions.--For purposes of this section--
       ``(1) the term `calculated acceptable removal level' means 
     the realistic minimum population of a stock, multiplied by 
     the net productivity rate of the stock, multiplied (if 
     applicable) by a recovery factor;
       ``(2) the term `critical stock' means a marine mammal stock 
     that is listed as a Class 1 or 2 stock pursuant to subsection 
     (c)(1)G);
       ``(3) the term `incidental take team' means an incidental 
     take team established under subsection (d)(4);
       ``(4) the term `incidental taking plan' means an incidental 
     taking plan developed under subsection (d);
       ``(5) the term `maximum net productivity level' means the 
     population size of a stock which results in the greatest net 
     productivity;
       ``(6) the term `net productivity' means the estimated or 
     theoretical annual increase in population numbers resulting 
     from additions to the population due to reproduction, less 
     the losses due to mortality;
       ``(7) the term `net productivity rate' means the net annual 
     per capita rate of increase of a stock at [is] its maximum 
     net productivity level;
       ``(8) the term `non-critical stock' means a marine mammal 
     stock that is listed as a Class 3, 4, or 5 stock pursuant to 
     subsection (c)(1)(G);
       ``(9) the term `realistic minimum population' means an 
     estimate of the number of animals in a stock that provides 
     reasonable assurance that the population size is equal to or 
     greater than the estimate; and
       ``(10) the term `recovery factor' means the number that is 
     applied to the calculation of a calculated acceptable removal 
     level to provide reasonable assurance that a stock will 
     recover to its optimum sustainable population.''.

     SEC. 7. 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(j),''] 117(j),'' immediately after ``thereunder''.
       (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(j))''] 
     117(j))'' 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'' 114 of this title or title III'' and 
     inserting in lieu thereof ``114, and [118''.] 117 of this 
     title and title IV''.

     SEC. 8. ALASKA HARBOR SEALS AND GULF OF MAINE HARBOR 
                   PORPOISES.

       Notwithstanding any other provision of this Act, including 
     section [118] 117 of the Marine Mammal Protection Act of 1972 
     (as added by this Act), the Secretary of Commerce shall 
     establish an incidental take team for the harbor seal stock 
     in Alaska and for the harbor porpoise stock in the Gulf of 
     Maine, within 60 days after the date of enactment of this 
     Act. The incidental take teams shall begin work immediately 
     on a draft incidental taking plan in accordance with such 
     section [118,] 117, and shall use the best scientific 
     information available. The draft incidental taking plan shall 
     be reviewed by the Secretary, after consultation with 
     scientific experts as described in subsection (b) of such 
     section [118] 117 and after notice and opportunity for public 
     comment, and shall be approved and implemented as quickly as 
     practicable.

     SEC. 9. AUTHORIZATION TO DETER MARINE MAMMALS.

       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 by any 
     person of measures to deter marine mammals from--
       ``(A) damaging the gear or catch of commercial or 
     recreational fishermen;
       ``(B) damaging private or public property; or
       ``(C) endangering personal safety,

     so long as such measures do not result in marine mammal death 
     or serious injury.
       ``(2) 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 
     through regulation under this Act.
       ``(3) 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. 10. TREATY RIGHTS.

       Nothing in this Act, including any amendments made by this 
     Act, is intended to abrogate or diminish existing Indian 
     treaty fishing or hunting rights, and regulation of Native 
     American fishing and hunting activities shall be limited to 
     measures consistent with existing treaty rights.

     SEC. 11. 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,''.] 
     117,''.

     SEC. 12. TECHNICAL AMENDMENTS.

       (a) Definitions.--Section 3 of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1362) is amended by redesignating the 
     last three paragraphs as paragraphs (16), (17), and (18), 
     respectively.
       (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.

     SEC. 13. HUMAN ACTIVITIES WITHIN PROXIMITY OF WHALES.

       (a) Lawful [Approaches.--It] Approachers.--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. 14. 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. 118. 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-Fishery 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 individual 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 
     listed as threatened or endangered under the Endangered 
     Species Act of 1973, designated as depleted under this Act, 
     or identified by the Secretary as a critical stock under 
     section 117 of this Act.''.


                           Amendment No. 1550

     (Purpose: To make an amendment in the nature of a substitute)

  Mr. JOHNSTON. Madam President, I send a substitute amendment to the 
desk on behalf of Senators Kerry and Stevens and ask for its immediate 
consideration.
  The ACTING PRESIDENT pro tempore. The clerk will report the 
amendment.
  The legislative clerk read as follows:

       The Senator from Louisiana [Mr. Johnston], for Mr. Kerry 
     for himself and Mr. Stevens proposes an amendment numbered 
     1550.

  Mr. JOHNSTON. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. KERRY. Madam President, today I am joined by my good friend and 
colleague, Senator Ted Stevens in offering legislation to reauthorize 
the Marine Mammal Protection Act. I am pleased to bring this 
legislation to the Senate floor and I hope my colleagues will join us 
in supporting the important initiative to establish a new regime to 
protect marine mammal stocks during their interactions with commercial 
fishing operations.
  The bill before us today is a bipartisan effort that is the product 
of many months of hard work. This substitute amendment to S. 1636 is 
the result of extensive discussions with and comments from the National 
Marine Fisheries Service, the Marine Mammal Commission, conservation 
and animal protection groups and the fishing industry. All have worked 
tirelessly to meet the April 1, 1994 statutory deadline and I believe 
we will achieve that goal.
  The bill before us has the backing of the vast majority of those 
groups involved in its development. The Department of Commerce's lead 
agency, the National Marine Fisheries Service [NMFS] supports this 
proposal. We have worked closely with the Marine Mammal Commission. 
Additionally, the fishing industry and a large number of environmental 
organizations including the Center for Marine Conservation, the World 
Wildlife Fund, the Audubon Society, and the Marine Mammal Center, among 
others, endorse this effort as well.
  Our legislation addresses a number of issues surrounding the 
interaction between marine mammal stocks and commercial fishing 
operations. The legislation includes: First, a prohibition of 
intentional killing of marine mammals; second, mandatory vessel 
registration; third, mandatory observer coverage; fourth, general 
emergency authority for the Secretary of Commerce; fifth, a requirement 
that stock assessments be made of all stocks and incidental take 
reduction plans be prepared for those stocks in need; sixth, provisions 
for the permitting of endangered marine mammals; and seventh, 
imposition of liability for noncompliance with incidental take 
reduction plans.
  Overall, we have made some significant additions to strengthen the 
original Marine Mammal Protection Act [MMPA] and I am attaching a 
detailed summary of the major provisions in this legislation at the end 
of this statement. For the first time, the MMPA will now explicitly 
outlaw the intentional killing of marine mammals by commercial 
fishermen, which is allowed in the current act. Also included is 
language that mandates commercial fishing interests to achieve, within 
10 years, a zero mortality rate goal.
  Additional provisions that do not appear in the original act give the 
Secretary of Commerce emergency authority to protect any marine mammal 
stock he concludes may be in danger and to create a scientific advisory 
group.
  I would like to address two issues that I believe have produced a 
great deal of misinformation about the development of this legislation: 
The first is the treatment of endangered species. The second is the so-
called burden of proof issue.
  Regarding endangered marine mammals, some have claimed that this bill 
would weaken the Existing Marine Mannal Act by allowing the killing of 
endangered species. In fact, both the current Marine Mammal Protection 
Act and the Endangered Species Act contain provisions under which 
permits may be issued to incidentally take an endangered marine mammal. 
While our bill also provides for such permits, the criteria for issuing 
such a permit under our substitute amendment are actually tougher than 
those contained in the existing Endangered Species Act.
  With regard to the second issue, we believe that the term ``burden of 
proof'' has been misrepresented. Our revised bill would maintain the 
same moratorium on interactions with marine mammals that has been in 
place under the interim exemption but it replaces the fishery exception 
with a detailed, scientifically based process for monitoring and 
protecting marine mammals that interact with fisheries, placing 
emphasis on those stocks that come in most frequent contact with 
fishermen.
  In addition, this bill provides numerous safeguards that are not 
currently provided under the interim exemption. These include: 
suspension or revocation of an individual fishermen's authorization to 
take marine mammals if that fisherman is found to have seriously 
violated the incidental take provisions; authority to the Secretary of 
Commerce to promulgate regulations to address urgent problems with any 
stock; conservative procedures for estimating calculated removal 
levels; mandatory compliance with the incidental take reduction plans; 
and measures to ensure that marine mammal populations will recover to 
or remain above the optimum sustainable population level.
  To provide some context for the legislation before us, let me 
summarize the significant relevant events of the 22 years since the 
original Marine Mammal Protection Act was passed in 1972.
  The original MMPA has far exceeded expectations in its protection of 
dolphins, whales, seals, and sea lions among other marine mammal 
stocks. Prior to 1972, when the original MMPA was enacted, hundreds of 
thousands of marine mammals were killed each year, intentionally from 
hunting and accidentally due to their interactions with commercial 
fishermen.
  Over the years, the act has been reviewed and reauthorized a number 
of times, most recently in 1988. The 1988 amendments were the direct 
result of a court ruling, called the Kokechik decision, which blocked 
the issuance of any new permits to fishermen who interact in any way 
with marine mammals. If the Congress hadn't responded, this decision 
would have shut down the commercial fishing industry in the United 
States.
  Therefore, in 1988, Congress passed a 5-year moratorium, called the 
interim exemption, which established a moratorium on interactions with 
marine mammals, but provided an exception to the moratorium for 
commercial fishing operations unless the marine mammals involved were 
from a depleted stock. In addition, NMFS was required to collect data 
on unknown marine mammal stocks and develop a new management regime 
that is legal and workable. To assist NMFS in its information 
collection the fishermen were required to keep logbooks and carry 
observers on board their vessels.
  NMFS developed a regime and released it for comments in November, 
1992. It was resoundingly rejected by the environmental community and 
the fishing industry and called cumbersome and unworkable. Both the 
environmentalists and the fishermen decided to begin negotiations to 
develop their own compromise alternative. This effort began over 1 year 
ago with participation from over 50 groups representing 
conservationists, animal protection activities, and fishing interests. 
In addition, NMFS and the Marine Mammal Commission sent 
representatives. Meetings were held in Washington, DC, and Washington 
State over the course of many months.
  In June, 1993, on the final day of the mediated session where all the 
groups were gathered to sign what was termed the ``negotiated 
agreement,'' many of the animal protection representatives withdrew 
support while the conservation groups and the fishing industry signed 
the agreement.
  At that point, I requested a hearing by the Senate's National Ocean 
Policy Study. I chaired a hearing in July 1993, to review several 
viewpoints--the NMFS proposal, the negotiated agreement signed by the 
fishing industry and the conservation groups, and the concerns of the 
animal rights contingent of the environmental community that had not 
signed on to the agreement.
  At that time, Senator Stevens and I asked all parties to go back and 
meet again and try to reach consensus on outstanding issues. The 
parties met for 3 days in August of last year for this purpose. 
Unfortunately, no agreement was reached.
  Congress still faced--and faces--an April 1, 1994, statutory deadline 
to enact new legislation to replace the 5-year interim exemption. In 
November, the Senate Commerce Committee considered legislation, S. 
1636, based upon the concepts in the negotiated agreement. However, at 
that time, I stated publicly that this bill before the committee was a 
work in progress and that many outstanding issues would be addressed 
over the coming months. We called upon all parties to come in and 
discuss their concerns and propose specific legislative language 
changes to our committee proposal.

  For the next several months, we collected comments from and met with 
representatives of all interested parties and prepared a draft 
substitute that has been circulating and changing for the past several 
weeks. Either I or my staff have met with everyone who has called us. 
The agency and the Marine Mammal Commission have now indicated their 
approval. The fishing industry and many of the conservation groups are 
satisfied with our compromise product. In addition, I met last week 
with a number of concerned animal rights groups and I believe that we 
have addressed 90 percent of their concerns in this final draft. While 
a compromise, by definition, cannot give all interested parties 
everything they want, I believe we have developed a strong and fair 
bill that will protect and conserve marine mammal stocks and bring back 
those stocks that are depleted, without shutting down our commercial 
U.S. fisheries.
  In conclusion, I would like to take a moment to acknowledge all those 
who assisted in forging this compromise legislation before us. I thank 
my staff and the staff of the Commerce Committee who have worked so 
long and hard to get this bill to the floor. In particular, this bill 
would not be before us without the efforts of our Lila Helms, Penny 
Dalton, Earl Comstock, and Trevor McCabe who spent literally hundreds 
of hours over the past year crafting this legislation. Finally, I want 
to thank Kate English and Sarah Woodhouse of my office who have been 
deeply involved in moving this legislation forward.
  This bill is an excellent example of bipartisan cooperation in 
policymaking. If we continue our efforts I know we can achieve our 
goals of enacting strong, environmentally sound legislation to revise 
the Marine Mammal Protection Act by the deadline of April 1, 1994. I 
hope my colleagues will support this important initiative which we are 
introducing today.
  I ask unanimous consent that a section-by-section analysis be printed 
at this point in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Section-by-Section Summary of the Committee Amendment in the Nature of 
                        a Substitute to S. 1636


                         Section 1. Short Title

       This section lists the title of the bill, which is the 
     Marine Mammal Protection Act Amendments of 1994.


                          Section 2. Purposes

       This section sets forth six purposes for the 
     reauthorization of the MMPA: (1) authorizing of 
     approprations; (2) ensuring that the incidental mortality and 
     serious injury in commercial fisheries does not reduce marine 
     mammal populations below sustainable levels; (3) prohibiting 
     the killing of marine mammals in the course of commercial 
     fishing operations; (4) improving efforts for identifying and 
     addressing the most significant problems involving incidental 
     mortality and serious injury of marine mammals in commercial 
     fishing operations; (5) ensuring that the procedures for 
     authorizing the incidental taking of marine mammals in 
     commercial fisheries is consistent with the long term 
     objective of reducing incidental mortality and serious injury 
     from commercial fishing operations to insignificant rates 
     approaching zero; and (6) continuing cost-effective 
     monitoring programs.


               section 3. authorization of appropriations

       This section would extend the authorization of 
     appropriations through FY 1999 for the Department of Commerce 
     (DOC), the Department of the Interior (DOI), and the Marine 
     Mammal Commission (Commission) for their responsibilities 
     under the Marine Mammal Protection Act of 1972 (MMPA). There 
     is additional funding to provide observer coverage on 
     commercial fishing vessels which are required to carry 
     observers under new section 118 of MMPA.


                  section 4. moratorium and exceptions

       Section 4(a) would amend section 101 of the MMPA by 
     inserting ``harassment'' as a distinct classification of 
     action covered by the moratorium imposed by the MMPA. 
     Previously, harassment was included under the definition of 
     ``taking.''
       Section 4(b) would amend section 101(a)(1) of the MMPA to 
     make minor changes in the process for issuing permits for the 
     import of marine mammals for research and public display.
       Section 4(c) would amend section 101(a)(2) of the MMPA to 
     reflect the addition of new section 118, which provides the 
     regime for the incidental taking of marine mammals in 
     commercial fisheries.
       Section 4(d) amends section 101(a)(5) of the MMPA to add a 
     new paragraph (D) to provide for the annual authorization of 
     activities, other than commercial fisheries, by citizens of 
     the United States, that cause the incidental, but not 
     intentional, harassment of marine mammals. An authorization 
     may only be granted if the Secretary (which is defined in the 
     existing MMPA to mean either the Secretary of Commerce or the 
     Secretary of the Interior, depending on the marine mammal 
     stock in question) finds that the harassment will have no 
     more than a negligible impact on the marine mammal stock, 
     and that the activity will not cause an unmitigable 
     adverse impact on the availability of animals in such 
     stock for taking for subsistence purposes. The paragraph 
     also provides that the Secretary must impose appropriate 
     conditions on the issuance of an authorization to ensure 
     the least practicable impact on the stock and that there 
     is no unmitigable impact on subsistence, and to require an 
     appropriate monitoring and reporting program. In cases 
     where subsistence stocks are impacted, the Secretary must 
     require independent peer review of the monitoring and 
     research proposals related to such authorization. The 
     sponsors intend that the Secretary will encourage 
     extensive consultation between affected parties on 
     appropriate monitoring, reporting and mitigation measures 
     in granting authorizations under this paragraph.
       Section 4(f) would further amend section 101(a)(5) by 
     adding a new paragraph (E) in order to allow the Secretary to 
     permit for periods of three years the incidental, but not the 
     intentional, taking in the course of commercial fishing 
     operations of marine mammals stocks designated as depleted 
     because of their listing as endangered or threatened under 
     the Endangered Species Act. A permit would only be granted if 
     the Secretary determines: 1) the incidental mortality and 
     serious injury from commercial fisheries will have a 
     negligible impact on the species or stock; 2) a recovery plan 
     has been developed or is being developed for the stock under 
     the Endangered Species Act; and 3) where required for such 
     stock under new section 118, a monitoring program is 
     established, vessels are registered, and an incidental take 
     reduction plan has been developed or is being developed for 
     such marine mammal species or stock. Upon a determination 
     that these requirements have been met, the Secretary will 
     issue a permit for a three-year period for those vessels 
     required to register under section 118. Those vessels not 
     required to register under section 118 (Category (iii) 
     vessels) would be allowed to conduct operations under a 
     general authorization, but would be subject to penalties if 
     they fail to report any incidental mortality or injury to 
     marine mammals as required under new section 118. If the 
     Secretary determines during a fishing season that incidental 
     mortality or serious injury in a commercial fishery is having 
     more than a negligible impact on a threatened or endangered 
     species or stock, then the Secretary must use the emergency 
     authority granted under section 118 to protect such marine 
     mammal stock or species, and may modify any permit granted as 
     necessary to reduce the impact. The Secretary may suspend or 
     revoke a permit if the conditions and limitations set forth 
     in the permit are not being complied with. It is intended 
     that the Secretary will work to ensure that the requirements 
     imposed on fishermen seeking a permit under this subsection 
     be fully integrated into the incidental take reduction plan 
     process under new section 118, so that the two procedures are 
     as consistent and streamlined as possible. In using a 
     negligible impact standard under this subsection, the bill 
     continues the higher standard of protection found in the 
     existing MMPA, rather than using the lesser ``no 
     jeopardy'' standard promulgated under the Endangered 
     Species Act at 50 CFR 402.02.
       Section 4(g) amends section 101(a) to add a new subsection 
     (6) at the end. New subsection (6) has been added to address 
     a consistent problem with the import ban in the existing MMPA 
     that arises when Alaska Natives engage in cultural exchanges 
     with other Native peoples, and when travelers who have bought 
     authentic Native handicrafts made of marine mammal parts in 
     Alaska attempt to reenter the United States after driving 
     south from Alaska through Canada. Under the existing MMPA, 
     Alaska Natives and other persons who are legitimately in 
     possession of authentic Native handicrafts made of marine 
     mammal parts have those items confiscated when they attempt 
     to enter the United States with those items. New subsection 
     101(a)(6) of the MMPA would address this problem by allowing 
     persons who have bought authentic Native handicrafts made 
     from marine mammal parts to take those items out of the 
     United States in their personal possession and then reenter 
     the United States with those same items. It would also allow 
     persons who are given gifts or otherwise acquire Native 
     handicrafts made of marine mammal parts as part of a cultural 
     exchange to bring those items back into the United States, 
     and would also allow the Native peoples of other Arctic 
     nations to enter the United States wearing their traditional 
     clothing made of marine mammal parts, as well as bring in raw 
     marine mammal parts for the purpose of sharing their native 
     skills with Alaska Natives and others in the United States. 
     This new provision would not allow the importation of Native 
     handicrafts for commercial purposes, though this restriction 
     is not intended to prohibit the sale of an item that was 
     created as part of a demonstration of handicraft skills in 
     the course of a cultural exchange.
       Section 4(h) would amend section 101(b) of the MMPA to add 
     a new paragraph which is intended to ensure that the 
     Secretary bears the burden of proof in any hearing under 
     section 101(b), a proceeding under section 117(b)(2), or any 
     determination or finding made by the Secretary under the Act 
     which affects Alaska Native subsistence users or marine 
     mammal stocks taken for subsistence use. The standard of 
     review set forth in the new paragraph is that of substantial 
     evidence on the basis of the record as a whole. Inclusion of 
     this standard is not intended to create an independent 
     requirement that all actions affecting Alaska Native 
     subsistence users or subsistence stocks be subject to a 
     hearing on the record, rather it is intended that the 
     standard of review for such a hearing be used, with the 
     burden of proof placed upon the Secretary to demonstrate in 
     each case that such standard has been met. A hearing is 
     required whenever specifically provided for in the MMPA, as 
     is the case under the existing provisions of section 101(b) 
     and under new section 117(b)(2). The last sentence of the new 
     paragraph specifically limits the standing to use this 
     provision to Alaska Native organizations representing 
     persons to which subsection 101(b) applies. The term 
     Alaska Native organizations is intended to include any 
     legitimate representative of Alaska Native subsistence 
     users, including local and state governmental entities.
       Section 4(i) would amend section 101(c) of the MMPA by 
     deleting the existing language found there, which is no 
     longer applicable, and inserting in its place a new provision 
     which would allow a person to kill a marine mammal in self 
     defense or in defense of another person without violating the 
     MMPA. Under the existing MMPA no such exemption exists, with 
     the result that persons who have found themselves forced to 
     kill a marine mammal in self-defense have then been exposed 
     to penalties. This amendment would make it legal to kill or 
     wound a marine mammal in self defense, so long as the person 
     reports the incident to the Secretary within 48 hours. It is 
     intended that notification of an incident to either Secretary 
     would suffice.


                           section 5. permits

       Section 5 would amend section 104 of the MMPA with respect 
     to the issuance of permits for scientific research. The 
     amendment would allow the issuance of permits for legitimate 
     scientific research involving the lethal taking of a marine 
     mammal if the Secretary determines, after notice and public 
     comment, that non-lethal methods are not feasible. In 
     addition, the amendment would allow the Secretary to grant a 
     general authorization for research that is not likely to 
     involve the taking or harassment of marine mammals. In order 
     to operate under the general authorization, applicants must 
     notify the Secretary by letter and comply with the 
     requirements.


                     section 6. conservation plans

       Section 6 would amend section 115(b) of the MMPA by adding 
     a new paragraph to clarify that conservation plans issued 
     under that section should incorporate incidental take 
     reduction plans implemented under new section 118.


                      section 7. stock assessment

       This section would amend title I of the MMPA by adding a 
     new section 117 to provide for stock assessments on all 
     marine mammal stocks. New section 117(a) would require the 
     Secretary, after consultation with the appropriate regional 
     scientific review group, to prepare a draft stock assessment 
     for each marine mammal stock by August 1, 1994. In the draft 
     stock assessment the Secretary is required to categorize each 
     of the stocks in one of two categories, either--(1) being 
     healthy and not in any significant danger of declining; or 
     (2) as being of some concern, because they are depleted, 
     threatened, endangered, or have a level of anthropogenic 
     mortality that exceeds their annual population growth rate. 
     The Secretary is expected to place each stock in either one 
     category or another. The stock assessments are intended to 
     provide an accurate estimate of the status of marine 
     mammal stocks based on the best scientific information 
     currently available. This subsection also directs the 
     Secretary to calculate the number of animals that can be 
     removed from a species or stock while still providing 
     reasonable assurance that the species or stock will 
     eventually recover to its optimum sustainable population. 
     In making such a calculation, the Secretary is required to 
     use the best available scientific information, and it is 
     expected that the determination, including the provision 
     of reasonable assurance, would be made in accordance with 
     accepted scientific methodology.
       One of the main objectives of new section 117(a) is to 
     establish a process to identify stocks falling into the 
     second category, so that the Secretary knows where to focus 
     scarce resources. This is the primary purpose of paragraph 
     (7), in which the Secretary is asked to specify stocks in 
     which anthropogenic mortality may be the reason for their 
     decline or failure to recover. In specifying these stocks, it 
     is expected that the Secretary will have some substantive 
     reason to believe that anthropogenic mortality is the 
     problem, because stocks identified under this paragraph are 
     the focus of incidental take reduction plans under new 
     section 118. The Secretary should not use this category as a 
     catch-all for all stocks for which information is uncertain 
     or limited.
       Under new section 117(b), a ninety-day public notice and 
     comment period is required, and provision is made for a 
     proceeding on the record, when requested by an Alaska Native 
     to which subsection 101(b) of the MMPA applies, for an 
     assessment involving a stock taken for subsistence. The 
     Secretary is required to publish a final stock assessment not 
     later than 90 days after the close of the public comment 
     period or final action on a subsistence proceeding.
       New subsection 117(c) provides for review and revision of 
     stock assessments, at least annually for stocks specified by 
     the Secretary as needing attention or for which there is new 
     information, and at least once every three years for all 
     other stocks.
       At least two independent regional scientific review groups 
     are established under new subsection 117(d). These groups are 
     intended to advise the Secretary on all aspects of the stock 
     assessments, and should be a scientifically balanced group 
     composed of individuals who are both knowledgeable and 
     representative of diverse viewpoints and interests.
       New subsection 117(e) reaffirms that the stock assessment 
     provided under this new section is not intended to affect or 
     modify the depletion determination and other protections 
     provided to Alaska Native subsistence users under section 
     101(b) of the MMPA. It is intended that any determination by 
     the Secretary that a stock is depleted would be based on the 
     stock assessment made under new section 117.


 section 8. taking of marine mammals incidental to commercial fishing 
                               operations

       Section 8 would amend title I of the MMPA by adding a new 
     section 118 to govern the incidental taking of marine mammals 
     in the course of commercial fishing operations. New section 
     118(a) establishes the scope of coverage of new section 118, 
     as well as reiterates that it is the immediate goal of the 
     MMPA to reduce incidental mortality and serious injury of 
     marine mammals in commercial fishing operations to 
     insignificant levels approaching a zero mortality rate. As 
     stated in paragraph (2), it is intended that both new section 
     118 and new section 101(a)(5)(E) would govern the incidental 
     taking in commercial fisheries of threatened or endangered 
     marine mammal species or stocks.
       New section 118(b) directs the Secretary to establish 
     incidental take reduction plans for each marine mammal stock 
     specified by the Secretary under new section 117(a)(7) which 
     interacts with a commercial fishery listed under new section 
     117(f)(1)(A)(i) or (ii), which are those fisheries that cause 
     frequent or occasional incidental mortality and serious 
     injury of marine mammals. In addition, the Secretary may 
     establish incidental take reduction plans for other marine 
     mammal stocks, including populations that are not considered 
     to be in danger, that interact with a commercial fishery 
     which causes frequent mortality and serious injury if the 
     Secretary determines that such fishery has an excessive rate, 
     in comparison with other fisheries in the affected area or 
     region, of incidental mortality and serious injury of marine 
     mammals. If insufficient funding is available to allow for 
     the development and implementation of incidental take 
     reduction plans for all stocks to which new subsection (b) 
     applies, then the Secretary is directed to give priority to 
     the establishment of plans for those stocks in which the 
     level of incidental mortality and serious injury exceeds the 
     calculated removal level for that stock, those that have a 
     small population size, and those that are declining most 
     rapidly. These criteria are intended to ensure that scarce 
     resources are focused where they will provide the greatest 
     benefit to marine mammal stocks in the greatest need.
       New section 118(b) also establishes detailed guidelines and 
     time-frames for the development and implementation of 
     incidental take reduction plans. Incidental take reduction 
     plans would be required to include management measures or 
     voluntary actions to reduce the incidental mortality and 
     serious injury of marine mammals in fisheries, as well as a 
     strategy for each fishery to reduce the incidental mortality 
     and serious injury of marine mammals in each commercial 
     fishery to insignificant levels approaching a zero mortality 
     rate within ten years. For stocks in which incidental 
     mortality and serious injury from a commercial fishery 
     currently exceeds the calculated removal level, the 
     incidental take reduction plan will be required to include 
     measures the Secretary expects will reduce the mortality and 
     serious injury to a level below the calculated removal level 
     within six months. Where total anthropogenic mortality and 
     serious injury exceeds the calculated removal level, a 
     commercial fishery will have to reduce its incidental 
     mortality and serious injury to the lowest level that is 
     feasible for that fishery within six months.
       In implementing incidental take reduction plans, the 
     Secretary would be authorized to use impose fishery 
     management measures to the extent necessary to implement an 
     incidental take reduction plan. This could where necessary to 
     protect or restore a marine mammal stock, include, among 
     other measures, actions to: (1) establish fishery-specific 
     limits on incidental mortality and serious injury, or 
     restrict fisheries by time and area; (2) require the use of 
     alternative gear or techniques; (3) educate commercial 
     fishermen through workshops; and (4) monitor the 
     effectiveness of observer coverage.
       Section 118(b) would also require the Secretary within 60 
     days of completing the final stock assessment, to establish 
     and appoint members to incidental take reduction teams to 
     develop incidental take reduction plans for marine mammal 
     stocks. The teams can be requested to address a single stock 
     that extends over one or more regions, or multiple stocks 
     within a single region, based upon the Secretary's 
     determination of which approach will best facilitate the 
     development and implementation of incidental take reduction 
     plans. The Secretary will be required to appoint to the teams 
     individuals knowledgeable about measures to conserve marine 
     mammal stocks and methods to reduce the incidental mortality 
     and serious injury of marine mammals in commercial fishing 
     operations. The teams are required to include representatives 
     of each affected regional fishery management council and 
     State, and may also include representatives of Federal 
     agencies, interstate fishery commissions, academic and 
     scientific organizations, environmental and fishery groups, 
     Alaska Native organizations, Indian Tribes, and others as the 
     Secretary considers appropriate. To the maximum extent 
     practicable, each team is required to provide an equitable 
     balance among interested parties. Incidental take teams would 
     not be subject to the Federal Advisory Committee Act, but 
     will be required to hold public meetings and provide adequate 
     public notice of the time and location of the meetings. 
     Members will serve without compensation, but will be 
     reimbursed for their reasonable travel costs and expenses.
       Incidental take reduction plans would be developed under 
     new section 118(b) according to two timetables. A shorter 
     timetable would apply for the development of incidental take 
     reduction plans by teams in cases where the anthropogenic 
     mortality and serious injury to a marine mammal stock 
     specified under section 117(a)(7) is estimated to be greater 
     than the calculated removal level for the stock. For stocks 
     where incidental mortality and serious injury does not exceed 
     the calculated removal level, a longer timetable would be 
     applied. In the first case, a draft plan must be submitted by 
     the team to the Secretary within six months of the team's 
     establishment, while in the second it would be within eleven 
     months. The incidental take reduction plans are required to 
     be developed by consensus among the team members. To the 
     extent that consensus cannot be reached, the team must 
     advise the Secretary of the views of both the majority and 
     minority. Upon receipt of a team's proposal, the Secretary 
     must publish, within 60 days, a draft incidental take 
     reduction plan in the Federal Register, specifying any 
     changes the Secretary has made to the team's 
     recommendations, including the reasons for the changes. A 
     final incidental take reduction plan must be published in 
     the Federal Register following a 90-day public comment 
     period. The Secretary will continue to meet every six 
     months with teams focusing on stocks whose incidental 
     mortality exceeds the calculated removal level, and 
     annually with teams for stocks where the incidental 
     mortality is below the calculated removal level, until the 
     Secretary determines that the objectives of the incidental 
     take reduction plan are met.
       New section 118(c) would allow the Secretary to take 
     emergency action to protect marine mammal stocks that the 
     Secretary finds are suffering an immediate and significant 
     adverse impact from incident mortality and serious injury due 
     to commercial fishing. In taking such action, it is intended 
     that the Secretary would, to the extent practicable, consult 
     with the Marine Mammal Commission, regional fishery 
     management councils and state fishery management authorities, 
     and the appropriate incidental take reduction team before 
     taking any emergency action, and should, whenever possible, 
     take such action in a manner consistent with existing fishery 
     management plans.
       New section 118(d) would require the Secretary to continue 
     the observer coverage established under section 114 of the 
     existing Act. Vessel owners engaging in fisheries with 
     frequent and occasional incidental mortality and serious 
     injury of marine mammals must carry observers if requested to 
     do so by the Secretary. The purpose of observer coverage is 
     to enhance the quality of and verify the information received 
     from reports submitted by vessel owners or operators. The 
     assignment of observers must be fair and equitable, and no 
     one individual or vessel or one group of individuals or 
     vessels would be subject to overly burdensome observer 
     coverage. This subsection also would mandate that the 
     Secretary give priority to the allocation of observers to 
     those fisheries that have incidental mortality and serious 
     injury of marine mammal stocks designated as depleted on the 
     basis of their listing as endangered or threatened under the 
     Endangered Species Act, and then to those fisheries that have 
     incidental mortality and serious injury of marine mammal 
     stocks specified under section 117(a)(7) having the second 
     highest priority. The Secretary must have the consent of the 
     vessel owner of a vessel listed under section (f)(1)(A)(iii) 
     to station an observer on the vessel, except when using the 
     emergency authority available under subsection (c).
       New section 118(e) reaffirms the MMPA's commitment to 
     reducing incidental mortality and serious injury in 
     commercial fisheries to insignificant levels approaching a 
     zero mortality and serious injury rate within 10 years. The 
     Secretary is required to review the progress of commercial 
     fisheries toward that goal three years after the date of 
     enactment of this bill, and to submit to Congress a report 
     on that progress within four years of such date. This 
     subsection also provides that fisheries which maintain an 
     insignificant level of incidental mortality and serious 
     injury shall not be required to reduce those levels 
     further. This provision is intended to ensure that 
     commercial fisheries which have achieved this goal will 
     not be shut down to achieve further insignificant 
     reductions in marine mammal mortality and serious injury.
       New section 118(f) would require the Secretary to continue, 
     with modifications, the registration system developed under 
     the 1988 amendments to the MMPA. The revised system would 
     modify the existing classification and listing of fisheries 
     which frequently, occasionally, or rarely take marine 
     mammals. Under the new section 118(f), the Secretary would 
     register vessels in fisheries which have frequent or 
     occasional incidental mortality and serious injury of marine 
     mammals. The Secretary would continue to charge a fee to 
     cover the administrative costs of the program.
       Under new section 118(f) category (i) and (ii) vessels 
     would be authorized to engage in the lawful incidental taking 
     of marine mammals provided that they have registered, the 
     decal that may be required is displayed, they report any 
     incidental mortality or injury of marine mammals, and they 
     take on board an observer if requested by the Secretary. If 
     the owner of a vessel is holding a valid certificate of 
     exemption issued under section 114, then that vessel is 
     deemed to have registered for the purposes of this subsection 
     for the period during which the registration is valid. If the 
     owner of a vessel fails to obtain or maintain an 
     authorization, then the owner is deemed to have violated this 
     title, and if the owner of a vessel fails to ensure that the 
     decal or other physical evidence is displayed, then the owner 
     is subject to a fine of not more than $100 for each offense. 
     The owner of a vessel must be in compliance with any 
     regulations to implement an incidental take reduction plan 
     otherwise the owner is subject to the penalties of this 
     title.
       Further, new section 118(f) provides that any vessel listed 
     in category (iii) is authorized to take marine mammals 
     without registering provided that the owner adhere to the 
     reporting requirements, and such vessels would not be subject 
     to penalties for the indential taking of marine mammals as 
     long as the owner reports any incidental mortality or injury 
     to the Secretary in the appropriate manner.
       New subsection 118(g) is similar to the reporting 
     requirements found under existing section 114 of the MMPA. 
     The owner or operator is required to report, on a 
     standardized postage-paid form, all incidental mortality and 
     injury of marine mammals. Specific language is included in 
     the new subsection to require that the form used be capable 
     of being readily entered into and usable by a computer data 
     processing system. This requirement was included to prevent a 
     repeat of what occurred under the reporting requirements of 
     existing section 114, in which fishermen were required to 
     file extensive, handwritten observations in log books 
     which were never utilized by the federal government 
     because money and personnel were not available to 
     translate and enter the data into a computer system. It is 
     intended that the new reporting forms will be simple and 
     will result in usable data on marine mammal mortality that 
     is readily accessible to the agency and the public.
       New section 118(h) sets forth the penalties applicable 
     under this section. It is intended that the Secretary shall 
     use the discretion provided to ensure that the penalty is 
     appropriate to the violation.
       New subsections (i) and (j) clarify that nothing in this 
     section prohibits the Secretary from employing voluntary 
     measures to reduce marine mammal mortality, and, since the 
     term ``Secretary'' is defined to mean the Secretary of 
     Commerce for purposes of new section 118, that the Secretary 
     of Commerce shall consult with the Secretary of the Interior 
     on matters affecting marine mammal stocks under the Interior 
     Secretary's jurisdiction.


                   Section 9. Penalties; Prohibitions

       This section makes technical and conforming changes to the 
     provisions of the MMPA dealing with penalties and 
     prohibitions.


     Section 10. Authorization to Deter Marine Mammals Nonlethally

       This section would allow for the nonlethal deterrence of 
     marine mammals which are damaging gear or catch by the owner 
     of the fishing gear or catch or the employee or agent of the 
     owner, which are damaging private property by the owner of 
     private property, which are endangering personal safety, or 
     which are damaging public property by a government employee. 
     The measures used could not result in the death of or serious 
     injury to a marine mammal. The Secretary must publish 
     guidelines for use in safely deterring marine mammals in the 
     Federal Register, and in the case of marine mammals 
     designated as threatened or endangered under the Endangered 
     Species Act, the Secretary must recommend specific measures 
     which could be used to nonlethally deter marine mammals. If 
     actions to deter marine mammals are not consistent with the 
     guidelines, or specific measures in the case of marine 
     mammals designated as threatened or depleted, the individual 
     would be in violation of this Act. The Secretary could also 
     prohibit any methods of deterrence through regulation if the 
     Secretary determines, based on the best scientific 
     information available, that the method of deterrence would 
     have a significant adverse effect on marine mammals. Finally, 
     the authority to deter marine mammals applies to all marine 
     mammals.


          Section 11. Treaty Rights; Alaska Native Subsistence

       This section provides that nothing in this bill alters any 
     treaty between the United States and any Indian tribe, and 
     that, other than as specifically provided in the amendment 
     made in section 4(h), nothing in this bill would alter or 
     modify section 101(b) of the MMPA.


                      Section 12. Transition Rule

       This section provides for the transition between existing 
     section 114 and new section 118 of the MMPA.


            Section 13. Technical and Conforming Amendments

       This section makes technical and conforming changes to the 
     MMPA and the Marine Mammal Health and Stranding Response Act.


                        Section 14. Definitions

       This section adds the definitions of ``calculated removal 
     level'', ``Council'', ``harassment'', ``incidental take 
     reduction plan'', ``incidental take reduction team'', ``net 
     productivity rate'', and ``minimum population estimate'' to 
     the MMPA.


        Section 15. Human Activities in the Proximity of Whales

       This section would allow individuals to approach lawfully a 
     humpback whale or any other whale by any means other than 
     aircraft at a distance no closer than 100 yards. The approach 
     standard would apply only to the waters off the coast of 
     Hawaii, and would include areas designated in regulation as 
     cow/calf waters.


          Section 16. Pinniped-Fishery Interaction Task Force

       This section would establish a new section 119 of the MMPA 
     to govern the lethal and humane removal of identifiable 
     nuisance pinnipeds that habitually exhibit dangerous or 
     damaging behavior that cannot be deterred by any other means, 
     and require a study of pinniped-fishery interactions in the 
     Northwest.
       The language of the bill remains as described in the 
     January 25, 1994 Committee Report, except for the addition of 
     a new section 119(f). This new section directs the Secretary 
     of Commerce to 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. The Secretary 
     is to consult with other State and Federal agencies with 
     expertise in pinniped-fishery interaction.
       The study will evaluate fish behavior in the presence of 
     predators generally; holding times and passage rates of 
     anadromous fish in areas where they are vulnerable to 
     predation; whether additional facilities exist, or could be 
     reasonably developed, that could improve escapement of 
     anadromous fish; and other relevant issues.
       Subject to availability of funds, within 18 months after 
     the passage of the Act the Secretary will report on the 
     results of the study to the Senate Commerce Committee and the 
     House Merchant Marine and Fisheries Committee.
       The Secretary would not be able to use the study for 
     determining whether to establish a Pinniped-Fishery 
     Interaction Task Force, or in determining whether to approve 
     or deny an application, until the study is complete. Further, 
     the Secretary would not be able to delay or defer a decision 
     to establish a Task Force or to approve or deny an 
     application while the study is pending.


       Section 17. Marine Mammal Cooperative Agreements In Alaska

       This section provides for cooperative agreements between 
     the Secretary and Alaska Native organizations related to the 
     conservation of marine mammals and co-management of 
     subsistence use.


           Section 18. Bering Sea Marine Ecosystem Protection

       This section provides for a study of the marine ecosystem 
     of the Bering Sea in order to determine the causes of 
     population declines in marine mammals, seabirds, and other 
     living marine resources of that region.


         Section 19. Interjurisdictional Fisheries Act of 1986

       This section amends the provision of the 
     Interjurisdictional Fisheries Act of 1986 which authorizes 
     appropriations for a commercial fisheries failure or serious 
     disruption affecting future production due to a fishery 
     resource disaster. Authorized spending under this provision 
     would be increased to $65 million annually for each of fiscal 
     years 1994 and 1995.


                  Section 20. Coastal Ecosystem Health

       This section provides for conveyance of property on the 
     Charleston Naval Base to the Department of Commerce for use 
     by the National Oceanic and Atmospheric Administration. The 
     Naval Base in Charleston is slated for closure in 1996 and 
     the transfer is necessary in order to renovate a facility for 
     other federal use.

  Mr. STEVENS. Madam President, I give my thanks to Senator Kerry and 
his staff--in particular Lila Helms and Penny Dalton of the majority 
staff of the Commerce Committee--for their assistance in this 
bipartisan effort.
  The 1988 reauthorization of the Marine Mammal Protection Act included 
an interim regime to govern commercial fisheries interactions with 
marine mammals. It followed a court of appeals' decision in Kokechik 
Fishermen's Association versus Federation of Japan Salmon Fisheries.
  The interim regime set up a process to gather data, and directed the 
Secretary of Commerce to develop a new program for commercial 
fisheries' interactions with marine mammals.
  The Secretary presented a proposed regime to Congress in the fall of 
1992. But the fishing industry and the environmental community had 
serious concerns about the proposal.
  In January 1993, representatives of the fishing industry and 
environmental organizations began working together on an alternative 
proposal. They completed it last June.
  One month later, at a July Commerce Committee hearing, Senator Kerry 
and I reviewed the negotiated proposal and the administration's 
proposal. We asked the groups, the administration, and our staffs to 
sit down and blend the two proposals.
  On November 9, 1993, Senator Kerry and I introduced S. 1636, which 
contained elements of both the administration proposal and the 
negotiated proposal. The bill was reported by the Commerce Committee on 
November 10, 1993.
  Over the past months, Senator Kerry and I, and our staffs, have 
worked diligently to revise and improve the bill.
  We have worked together to combine the many suggestions we have 
received.
  And, Madam President, we have kept the process entirely bipartisan.
  We have tried to find a balance between the fishing industry, the 
environmental community, the administration, and the Alaska Native 
community, whose interest in the commercial fisheries regime stems from 
a historical dependence on marine mammals for subsistence.
  The revised bill provides increased protection for marine mammals--
particularly for endangered and threatened marine mammals.
  I believe the revised bill is one that the commercial fishing 
industry can work within. It is one that will allow our fisheries to 
continue without unnecessary disruption or burden.


                           ALASKA PROVISIONS

  Senator Kerry and I worked together on the section-by-section 
analysis in the Record, which provides a summary of the provisions in 
the substitute bill.
  Some of the items in the bill important to Alaska include:
  The authorization of funding through 1999 for continued marine mammal 
research, and for the new commercial fishery regime.
  A streamlined permitting process for scientific research not likely 
to result in the taking or harassment of marine mammals. This would 
make research on marine mammals in Alaska easier to accomplish.
  The bill codifies the arrangement that has been worked out between 
Native subsistence harvesters, the oil industry and executive branch 
agencies regarding the authorization of activities--such as oil 
exploration--which disturb, or incidentally harass, small numbers of 
marine mammals.
  The bill adds a new paragraph to section 101(b) of the MMPA to ensure 
that the Secretary bears the burden of proof when making regulations 
restricting subsistence taking--or any stock assessment which impacts 
subsistence stocks--or any determination or finding under this act 
which would affect subsistence users or stocks.
  In my view, the Secretary should have to demonstrate, by substantial 
evidence on the record as a whole, that the Government is correct 
before taking action or publishing information that would restrict a 
legislatively-granted exemption. This provision does not in any way 
increase the Secretary's authority to regulate subsistence users.
  This provision would make it be clear that the Secretary would have 
the burden of showing--based on substantial evidence--that a 
determination of depletion is justified.
  Native subsistence users would also be allowed to request a hearing 
on the record if they disagree with the stock assessment under the new 
section 117. As with the hearing on regulations limiting the taking of 
subsistence stocks, the Secretary would have the burden of 
demonstrating that the stock assessment is supported by substantial 
evidence on the record as a whole.
  These changes would help Alaska Natives to avoid being unnecessarily 
regulated under the existing law. The changes would also help Alaska 
Natives to avoid spending millions of dollars to refute faulty stock 
assessments under the new section 117.
  The bill would solve a problem relating to the MMPA's import ban 
which has occurred when Alaska Natives engage in cultural exchanges 
with other indigenous peoples. The bill would also help those who 
lawfully own marine mammal products to bring the items back into the 
United States after traveling.
  A new subsection 101(a)(6) of the MMPA would allow marine mammal 
products to be imported into the United States when the item was 
carried out of the United States in conjunction with travel, or when it 
was acquired outside the United States as part of a cultural exchange 
by Alaska Indians, Aleuts or Eskimos.
  The provision also allows marine mammal products to be imported by 
Native inhabitants of Russia, Canada and Greenland in conjunction with 
their travel to the United States, or as part of their cultural 
exchanges with Alaska Indians, Aleuts and Eskimos.
  This provision is particularly important to Alaskans in Western 
Alaska and in the Arctic as they continue to rekindle their ties with 
family and friends in Russia.
  It is also important to visitors to Alaska who purchase Native 
handicrafts, and who in the past have had the handicrafts confiscated 
when they drive through Canada and try to reenter the United States.
  The bill also includes a provision authorizing the Secretary to enter 
into cooperative agreements with Native organizations to conserve 
marine mammals. I have worked with the Indigenous People's Council for 
Marine Mammals to develop this provision. I believe it would allow the 
Alaska Native community to conserve marine mammals and protect their 
historic harvest rights to marine mammals.
  The bill also creates a scientific research program to monitor the 
health and stability of the Bering Sea ecosystem and to resolve 
uncertainties about the decline in some Bering Sea marine mammal 
stocks.
  I refer to the section-by-section analysis which Senator Kerry and I 
have submitted for the Record for a description of the other provisions 
of the bill, including the new commercial fisheries interaction 
program, but I wanted to briefly mention some of the other provisions 
which are important to Alaska.
  Mr. HOLLINGS. Madam President, I am pleased that we are considering 
the Marine Mammal Protection Act Amendments of 1994. The legislation 
before the Senate is an amendment in the nature of a substitute to S. 
1636, which was introduced by Senators Kerry, Stevens, and Packwood on 
November 8, 1993, and was reported without objection by the Commerce 
Committee last session. S. 1636 reauthorizes the Marine Mammal 
Protection Act [MMPA] for 6 years, and amends the Act to provide for a 
regime to govern the interactions between marine mammals and commercial 
fishermen. The amendment under consideration today reflects careful 
consideration and balancing of diverse viewpoints among the Committee 
members and addresses the legitimate concerns of the various interest 
groups which participated in its development.
  In 1972, when the Congress enacted the MMPA, there was considerable 
debate over how far we should go in protecting marine mammals. Some 
environmentalists preferred tough restrictions which could have 
crippled our domestic fishing industry, while the fishing industry 
favored no regulations at all. The debate centered on striking the 
proper balance between the desire to protect marine mammals and the 
need to preserve important commercial fisheries. After long 
deliberation, Congress finally reached what has proven to be an 
effective compromise. The number of marine mammals taken by our 
fishermen has been reduced dramatically without seriously damaging the 
economic viability of most sectors of our domestic fishing fleet.
  In the years since 1972, the central issue has changed very little. 
In reauthorizing this Act, we must again strike the proper balance. 
After long negotiations, I believe that we have reached such a 
compromise. Although I understand that not everyone is completely 
satisfied with all aspects of this bill, such is the nature of a 
compromise, and I am pleased to support the Marine Mammal Protection 
Act Amendments of 1994. I believe this legislation fine-tunes the MMPA, 
increasing the protection afforded to marine mammals without hurting 
the competitiveness of the American fishing industry.
  The legislation before us today contains a new regime for protecting 
marine mammals in the course of commercial fishing with the following 
provisions: specific time tables and procedures for conducting marine 
mammal stock assessments and preparing incidental take reduction plans 
for those marine mammal population stocks in most need of attention; a 
prohibition against the intentional killing of marine mammals; a 
mandatory vessel registration system for those vessels that have 
frequent and occasional interaction with marine mammals; a mandatory 
observer program to verify the data on takes of marine mammals; and 
effective emergency authority for the Secretary of Commerce--
Secretary--to control circumstances in which stocks are declining. The 
substitute amendment also contains a 6-year reauthorization of 
appropriations to carry out Federal activities under the MMPA.
  More specifically, the interim system established by the 1988 
amendments was designed to collect information regarding fishery-marine 
mammal interactions in order to develop a permanent regime to govern 
those interactions. S. 1636 would require publication of a stock 
assessment for each marine mammal stock based on the data that has been 
collected during the past 5 years.
  The legislation also would establish a regulatory process to govern 
the interactions between marine mammals and commercial fisheries. Once 
the Secretary has completed the stock assessment, the Secretary 
determines whether the condition of the marine mammal population 
requires development of a plan for reducing incidental takings by 
fishermen so that the population may recover. The legislation also 
reiterates the longstanding goal of the Marine Mammal Protection Act, 
``to reduce incidental mortality and serious injury from commercial 
fishing operations to significant rates approaching zero,'' 
establishing a 10-year time line for that goal.
  The proposed regime in S. 1636 as amended is based on an agreement 
reached between representatives of the fishing industry and several 
conservation organizations after extensive negotiations. Fishermen who 
interact with marine mammals must register and report their 
interactions. Fisheries which frequently take marine mammals also will 
be required to participate in an observer program.
  S. 1636 will allow protection of all marine mammals with greatest 
emphasis being placed on those populations that are depleted and need 
the most assistance to recover. I commend the representatives of both 
the fishing industry and those conservation organizations that 
continued to participate in legislative discussions and made 
constructive recommendations on S. 1636.
  In summary, the legislation before us today will strengthen and 
extend the protection afforded to marine mammals under the MMPA without 
damaging our important commercial fisheries. The legislation is 
consistent with the original goals and intent of the MMPA and will 
facilitate our attempts to meet these goals. Passage of S. 1636 as 
amended reaffirms our commitment to preserving and protecting this 
group of animals, and I urge my colleagues' support.
  (By request of Mr. Johnston, the following statement was ordered to 
be printed in the Record:)
  Mrs. MURRAY. Madam President, I rise today in support of S. 1636, a 
bill to reauthorize the Marine Mammal Protection Act. I do so with some 
reservation, however.
  Mr. President, the Pacific Northwest has been struggling for many 
years over the appropriate management of our natural resources, 
including water, timber, and salmon. It is this latter category I am 
concerned about today. Of all the things we value in the Northwest, 
salmon are perhaps the greatest symbol of our cultural heritage.
  Over the past decade, as bureaucrats have bickered and politicians 
have debated, the condition of this tremendous resource has 
deteriorated badly. On rivers throughout the region--rivers with dams, 
rivers without dams--once mighty salmon runs are withering away. At the 
same time, another valuable resource, marine mammals native to the 
region, have come back in great strength. In fact, you cannot take a 
boat ride anywhere in Puget Sound without encountering a seal or sea 
lion these days.
  The combination of these two factors has created a very difficult and 
unfortunate circumstance: because they are voracious eaters, marine 
mammals now pose a direct threat, in many cases, to the continued 
viability of certain salmon populations.
  Madam President, this bill provides limited authority to lethally 
remove marine mammals that can be identified as posing a threat to 
certain fish populations. This is a narrowly focused, short-term 
management tool designed to protect the continued viability of such 
populations. I support this provision, and believe it is needed in 
order to address critical situations.
  I must say however, that I am sad it has come to this. The decline of 
our salmon runs is not news. We have known there are problems for a 
while now. Unfortunately, the wheels of government are slow to turn; 
even today, the region is without a comprehensive plan to conserve 
salmon habitat. There are efforts underway to address habitat issues. 
The President's forest plan calls for important riparian protection; 
the Northwest Power Planning Council has proposed a regional salmon 
strategy; and NMFS is working even now on a recovery plan for Columbia 
and Snake River salmon. These efforts will not come soon enough to save 
the steelhead that spawn--or used to spawn--in the Cedar and Sammamish 
Rivers. But I think ultimately, this issue will only be resolved 
through comprehensive habitat conservation planning.
  I am pleased to recognize the committee substitute contains language 
at my suggestion that requires further study of salmon-pinniped 
interaction on a regionwide basis. This problem, while graphically 
illustrated by the Ballard Locks issue, is not limited to that area. I 
hope that the Secretary will examine this issue closely; specifically, 
we need to look at the root causes of predation, the effect of 
predation on species viability, and possible long-term solutions. In 
short, we must not convince ourselves that treating the symptom--rather 
than the cause--will solve the underlying problem. We need to know how 
much of a threat predation is, and we need to know what effect habitat 
conditions have on interactions.
  I will conclude by commending the committee, especially Chairman 
Hollings and Chairman Kerry, for their timely and judicious action in 
this matter. We live in a time where desperate measures appear to be 
needed; I sincerely hope we will see a day in the Pacific Northwest 
where we won't need to resort to killing seals and sea lions in order 
to preserve salmon.
  Mr. PACKWOOD. Madam President, I rise today as a cosponsor of S. 
1636, the Marine Mammal Protection Act Amendments of 1994.
  This bill reflects a bipartisan effort and many months of discussions 
and drafting that included the Congress, the environmental and 
conservation groups, and the fishing industry.
  All participants are to be praised for their achievement in crafting 
this very balanced bill that improves the program to reduce the 
incidental taking of marine mammals in the course of commercial fishing 
operations.
  If this bill is not passed by Congress and signed by the President by 
April 1, the commercial fishing industry will simply come to a halt 
because the industry will have no exemption from its unavoidable 
interactions with marine mammals while fishing. The economic impacts 
would be dire for my State and for the Nation.
  The bill also includes incidental take reduction plans for stocks in 
need. It takes into account the limited funding available by addressing 
those stocks in the greatest peril first.
  Also, an excellent and realistic change has been made to address 
problems fishermen have had with the present cumbersome reporting 
system. The act now directs the reporting process to be done simply by 
a postage paid card or by computer within 48 hours, rather than 
requiring fishermen to keep logbooks throughout the season.
  This is a difficult time for the fishing communities of my State of 
Oregon and the Pacific Northwest, Madam President, as once again, the 
chance of any commercial or recreational salmon fishing season this 
year looks bleak.
  In many of these communities, people stand by and watch as factors 
beyond their control from El Nino to the growing seal and sea lion 
populations that feed on our salmon, lead to diminished salmon runs.
  This bill will neither make those who think these pinniped 
populations are growing out of control completely happy nor those who 
seek to totally protect all marine mammals. What it is, through, is a 
fair balance that should serve both groups well.
  Also, the Exon amendments to the act that I have cosponsored 
thoughtfully addresses the care and maintenance of marine mammals used 
for education and public display.
  Again, this was done through many months of work by the Congress, the 
public display community, and some of the environmental and 
conservation groups, and also has bipartisan support.
  I was pleased to receive word that our own Washington Park Zoo in 
Portland, one that Oregonians are justifiably proud of, has given the 
public display amendment its total support.
  How many of us here on the Senate floor, as a fascinated kid, saw our 
first marine mammal at a zoo or aquarium; an experience that brought 
those magnificent creatures of the sea right before our very eyes.
  The legislation before us reflects our respect and admiration for 
marine mammals and addresses the stability of our fishing communities 
and marine mammals in the wild. I ask for your support for its passage.
  Mr. GORTON. Madam President, today the Senate considers a bill which 
is, in large part, the result of the collaborative efforts of various 
individuals and groups which have a vested interest in the 
reauthorization of this important act. These groups put aside their 
differences and worked hard to put together the bill which is before us 
today. The groups--the Center for Marine Conservation, Trout Unlimited, 
Northwest Indian Fisheries Commission, commercial and recreational 
fisheries organizations, and more--put forward a proposal to 
reauthorize the act which would allow economic and environmental 
interests to work together.
  In addition,the groups recognized the very serious budget constraints 
which we are operating under, and have proposed a system to allocate 
Federal resources to those marine mammal stocks which are in the most 
serious need of recovery. I applaud the hard work which went into this 
process and only wish that more groups would be willing to iron out 
their differences to achieve a workable balance between economic and 
environmental concerns.


                Pinniped-Fishery Interaction Task Force

  Included within S. 1636, is an amendment which I offered during the 
Commerce Committee markup of the legislation. This provision, entitled 
the ``Pinniped-Fishery Interaction Task Force,'' was the result of 
negotiation and collaboration on behalf of various groups concerned 
with predation by ``nuisance'' animals.
  The task force provision may appear as obscure to some, but in fact 
it addresses a decade-long problem in Washington State which has the 
potential to put two major environmental laws at odds with one another.
  Briefly, the situation is this: Each year a wild run of steelhead 
salmon return to spawn at the Ballard Locks in Seattle, WA. Not 
coincidentally, 10 or so California sea lions have made the Ballard 
Locks their feeding ground for well over a decade. As a result of the 
incredible appetite of these sea lions, there has been a dramatic 
decline in a run of wild steelhead salmon. Consequently, this fish 
run--a run which 10 years ago numbered nearly 2,000--today numbers less 
than 40.
  In addition, a similar mammal-fishery interaction on the Columbia 
River is widely believed to have caused a decline in fish runs along 
the river. Although this case is not nearly as well documented as the 
Ballard Locks, it too deserve careful attention by fishery officials 
from the State and Federal level.
  At the Ballard Locks, numerous nonlethal means of removal have been 
attempted by the Washington State Department of Wildlife, National 
Marine Fisheries Service, with assistance from the U.S. Fish and 
Wildlife. The non-lethal means of removal have ranged from underwater 
fireworks, underwater ultrasound, underwater lights, and physically 
transporting the nuisance sea lions back to California--only to have 
them return to the Locks a few short weeks later.
  The task force provision would allow any person to apply to the 
Secretary to authorize the legal removal of identified nuisance 
animals. The application must include a means of identifying the 
individual mammal(s) as well as a detailed description of the problem 
interaction and the expected benefits of the removal.
  The Secretary must review the application within 15 days upon 
receipt. If the application contains sufficient evidence, the Secretary 
would be authorized to establish a Task Force, and publish notice in 
the Federal Register requesting public comment on the application.
  In making its recommendation, the task force will consider criteria 
such as: population trends; feeding habits; location of the 
interaction; time of occurrence of the interaction; number of animals 
involved; past efforts to nonlethally deter the animal(s); a 
demonstration that all reasonable nonlethal steps have been taken with 
no success; the extent of harm, impact or imbalance with other species 
in the ecosystem; and the extent of behavior that presents an ongoing 
threat to public safety.
  The task force shall consist of Department of Commerce staff, 
scientist familiar with the fishery, representatives of interested 
conservation and fishing groups, tribes, State wildlife officials, and 
others.
  Within 60 days of establishment of the task force, the task force 
would make a recommendation to the Secretary either approving or 
disapproving the application for removal of the nuisance animal. The 
recommendation would include: a description of the specific animal(s); 
proposed location, time and method of removal; criteria for evaluating 
the success of the removal; and the duration of the authority for 
removal. The task force may also suggest nonlethal alternatives.
  After receiving the recommendation, the Secretary would have 30 days 
to either approve or deny the application. Upon approval, the Secretary 
would begin immediately to implement the lethal removal. The removal 
must be performed by a Federal or State agency, or a qualified 
individual under contract to a Federal or State agency.

  As you can tell there are numerous opportunities for public comment 
and safeguards in this provision to ensure a careful and thoughtful 
deliberation of the request to lethally remove a nuisance animal.
  Over the past several weeks, as many groups in the Pacific Northwest 
have written to me in support of the task force provision. I would like 
to read from a few of these letters for you.
  The National Fisheries Institute calls the task force--

     the best way to address each particular situation [of 
     nuisance predation] in a professional and scientific manner. 
     Everyone would have an opportunity to participate [in the 
     process].

  The Pacific States Marine Fisheries Commission, which represents the 
States of Washington, Oregon and California, wrote and said:

       We support your amendment to S. 1636 * * * PSMFC views that 
     provision as a step toward achieving a balanced ecosystem 
     management approach within the MMPA.

  Trout Unlimited, which was one of the authors of the provision, 
states that,

       As Congress and the Nation struggle to preserve our fish 
     and wildlife resources, it appears to us that appropriate 
     changes in the MMPA can help. In our view, your task force 
     provision provides the best tool for this situation, and 
     others like it which may arise in the future.

  And the Pacific Fisheries Legislative Task Force, which is made up of 
members from California, Alaska, Hawaii, Idaho, Oregon and Washington, 
wrote in support of my provision, stating,

       Your [provision] will help control the exploding 
     populations of California Sea lions and harbor seals, and 
     will help us save our west coast fishery resources. Your 
     amendment is a modest approach.

  The Northwest Indian Fisheries Commission, another author of the 
provision, states:

       This very narrow provision is necessary to protect other 
     valuable main resources in the ecosystem, such as Pacific 
     Salmon and Steelhead, from extraordinary predation by marine 
     mammals. * * * This is common sense.

  The Washington State Wildlife Commission wrote in support of the task 
force, stating:

       The Commission believes that the proposed Pinniped-Fishery 
     Interaction Task Force, with its well-balanced 
     representation, will use sound judgment when recommending to 
     the Secretary approval or denial of an application for lethal 
     removal of problem marine mammals.

  Rob Turner, director of the Washington State Department of Fish and 
Wildlife, wrote to tell me that,

       I fully support this approach that will provide the 
     Secretary of Commerce and the State of Washington with the 
     flexibility that will help us to avoid future listings of 
     settlehead and salmon stocks on our rivers.

  The Mountaineers, a conservation group in Washington State which 
represents over 14,000 members, supports my provision.
  The Sportfishing Alliance, which is a coalition of major Washington 
State county sportsman councils, and represents over 20,000 members, 
supports the task force provision.
  The King County Outdoor Sports Council ``strongly supports'' the task 
force provision.
  And I have received letters from concerned fishermen, like Thomas 
Wilken, of Port Orchard, WA, who wrote that,

       I regret lethal removal of the sea lions but I feel it is 
     necessary to protect the steelhead. After all other previous 
     attempts to save the sea lions have failed, lethal removal is 
     the only viable and economic solution to the problem.

  And the Lake City Sportsmen's club wrote to tell me that,

       The wild salmon and steelhead should not be allowed to 
     become extinct. Control and management of sea lions and 
     harbor seals is needed now to remove these predators from the 
     locks, so the steelhead and wild salmon can return to their 
     spawning streams.

  I have even more letters of support which I could read from today, 
however, I believe I have established the wide support for my provision 
from groups throughout the Pacific Northwest.
  At this time, however, I would like to further clarify my position on 
the issue of lethal removal. My task force provision does not, much to 
my regret, effectively address the sea lion predation problem on the 
Columbia River. The task force provision does not address how to manage 
robust populations of mammals, in large part because the provision was 
the result of negotiation and compromise. Unfortunately, I anticipate 
that a few years from now, I may be required to come before the 
committee once again to attempt to correct the situation on the 
Columbia River.
  The Columbia River is, perhaps, an even more disturbing and 
potentially more difficult problem than that of the Ballard Locks. The 
Columbia River is home to one endangered fish stock, two threatened, 
and the potential listing of several more. Combined with the fact that, 
according to the recommendations of the recovery team assigned to 
exploring options for recovery of these stocks. California sea lions 
have appeared as far up river as the Bonneville Dam and Wilamette 
Falls. Since 1991, the report states, partial counts of the sea lions 
number 200. The harbor seal also consistently feeds upon fish along the 
Columbia River. If you read the task force provision included within 
the Senate bill, you quickly realize that this provision will do 
nothing to correct the situation presented by the herds of hungry seals 
and sea lions on the Columbia River.


                        HOuse of Representatives

  While I am pleased that the Senate will go on record as supporting 
the task force provision, I continue to be concerned with recent 
actions in the House of Representatives on this issue.
  As I have outlined here today, the task force provision addresses an 
issue of concern to people in my State, and to an extent the Pacific 
Northwest. The situation which we face at the Ballard Locks is unique 
to Washington State, and in the opinion of this Senator, those 
individual, scientists, environmentalists, recreational and commercial 
fishing interests, and interested parties should be able to give their 
recommendation to the Secretary of Commerce on how to best solve it.
  The House, in its bill to reauthorize the MMPA, has elected to tie 
the hands of Washington State by linking Secretarial authority to allow 
for the lethal removal of nuisance animals to the listing of the 
preyed-upon species under the Endangered Species Act. Mr. President, in 
doing this, the House of Representatives places itself in the ironic 
position of advocating for the listing of a species before allowing an 
act to save it. It is ironic, for this Senator, that under the guise of 
advocating for the preservation of a few marine mammals, proven to be a 
nuisance, that the House committee would advocate for an ESA listing of 
a wild run of steelhead salmon. This Senator does not pretend to have 
the answers to such difficult questions, but knows that the House 
provision will not solve the problem of nuisance mammals in the 
Northwest, but rather will create new ones.
  I realize that my dissatisfaction with the House provision on 
nuisance animals will carry little weight with the members of that 
committee. I will fight hard during the House-Senate conference for the 
adoption of the Senate-approved provision because it reflects the input 
and views of Washington interests knowledgeable in this specific 
fishery-pinniped interaction.
  Mr. LOTT. Madam President, I rise in support of the amendment offered 
by Senators Exon and Danforth.
  Public display and scientific research institutions in Mississippi 
and throughout the United States play an essential role in marine 
mammal conservation. Over 100 million people annually visit such 
institutions and learn about the conservation of these magnificent 
creatures. The Marine Mammal Protection Act creates a special, 
favorable category for these activities, and it provides for 
simplified, nonburdensome procedures for them.
  It is essential that permits continue to be granted for these 
beneficial purposes, and that they be granted on a timely and 
nonburdensome basis. This amendment accomplishes two important goals. 
First, it reaffirms the role of public display in increasing public 
awareness and understanding about marine mammals. Second, it simplified 
and clarifies the public display permitting process.
  Madam President, I am pleased to cosponsor this amendment. It 
represents a carefully crafted compromise that his bipartisan support. 
It is identical to language added to companion legislation in the House 
of Representatives by the Merchant Marine and Fisheries Committee.
  Mr. CHAFEE. Madam President, I would like to direct a question on S. 
1636 to my distinguished colleague, Senator Stevens. Section 4(f) of S. 
1636 provides for the granting of permits under the Marine Mammal 
Protection Act for the incidental take of marine mammals that are 
designated as depleted because they are listed as endangered or 
threatened under the Endangered Species Act. My understanding is that 
this provision does not affect any requirements of the Endangered 
Species Act, including the requirements of section 7 of the Endangered 
Species Act. Is this correct?
  Mr. STEVENS. The requirements of the Endangered Species Act, 
including section 7 requirements, are not affected by this bill.
  Mr. BAUCUS. Madam President, I share the concerns of Senator Chafee 
regarding the Endangered Species Act, which is within the jurisdiction 
of the Environment and Public Works Committee. I ask the distinguished 
chairman of the Commerce Committee whether he agrees that nothing in S. 
1636 alters or amends the Endangered Species Act.
  Mr. HOLLINGS. Yes, I agree.
  Mr. BAUCUS. I thank the Senator.
  The ACTING PRESIDENT pro tempore. Are there further amendments to be 
proposed?


                           Amendment No. 1551

  (Purpose: To provide procedures relating to permits for the public 
                       display of marine mammals)

  Mr. JOHNSTON. Madam President, I send a further amendment to the 
desk.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [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, 
     proposes an amendment numbered 1551.

  Mr. JOHNSTON. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is 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.--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 mammals, 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 persons 
     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 notion 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.

  Mr. EXON. Madam President, I am pleased to file an amendment to the 
Marine Mammal Protection Act to improve the administration of the act 
as it relates to zoos, aquariums, and scientific research institutions. 
This amendment has broad bipartisan support from all regions of the 
country. It embraces a compromise worked out in the House of 
Representatives between those who display marine mammals, and the 
Clinton administration.
  In 1992 alone, over 108 million people visited American zoos and 
aquariums. In fact, I can think of no better form of family 
entertainment and education. Research has also shown that wildlife 
public display programs are not only educational, they enhance public 
commitment to conservation.
  In Nebraska, we are blessed with a number of premier zoos. The Henry 
Doorly Zoo in Omaha, the Riverside Zoo in Scottsbluff, and the Folsom's 
Children's Zoo in Lincoln, NE are nationally and internationally known. 
And the Henry Doorly Zoo will soon be the home of a world class 
aquarium.
  America's public display institutions are playing an absolutely 
critical role in the conservation of marine mammals and endangered 
species. They have taken their responsibilities to the public, their 
animals and future generations very seriously. Self regulation among 
America's zoos, aquariums, and marine parks significantly exceeds 
minimum Federal and State standards.
  In recent months, the U.S. Department of Agriculture and the U.S. 
Department of Commerce have been engaged in a jurisdictional tussle, 
which, if unresolved threatens to significantly complicate zoo and 
aquarium operations. Unless the Congress acts, there will be confusion, 
duplication, and added expense for virtually all American zoos and 
aquariums.
  This amendment, worked out between the public display community, the 
House Environment and Natural Resources Subcommittee and the Clinton 
administration takes a common sense approach and attempts to untangle a 
complicated knot of regulation and oversight.
  The amendment will clarify the lines of responsibility, between the 
U.S. Department of Commerce and the U.S. Department of Agriculture, 
streamline the paperwork required when animals are transferred between 
exhibitors, improve the animal inventory system, maintain high 
standards for animal care and facilities and give Federal authorities 
the ability to act quickly to protect marine mammals when facilities 
and care fall below acceptable levels.
  I encourage my colleagues to join in support for this common sense 
compromise. Thank you Madam President.
  The ACTING PRESIDENT pro tempore. The question is on agreeing to the 
amendment.
  The amendment (No. 1551) was agreed to.
  Mr. JOHNSTON. Madam President, I move to reconsider the vote.
  Mr. WALLOP. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The ACTING PRESIDENT pro tempore. If there are no further amendments 
to be proposed, the substitute amendment, as amended, is agreed to.
  So the amendment (No. 1550), as amended, was agreed to.
  The ACTING PRESIDENT pro tempore. The bill is deemed read three times 
and passed.
  So the bill (S. 1636) was deemed read three times and passed, as 
follows:

                                S. 1636

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. 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 
     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, $1,550,000 for fiscal 
     year 1998, and $1,600,000 for fiscal year 1999.''.

     SEC. 4. MORATORIUM AND EXCEPTIONS.

       (a) In General.--In 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 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 
     a 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.

       (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.

     SEC. 6. CONSERVATION PLANS.

       Section 115(b) of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1383b(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 clauses (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 subsection (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 the 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 groups 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 request, 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 others 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, any 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 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.
       ``(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 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, any 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 such 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 from 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 commerical 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 section 105 and 107, and may be subject to 
     section 106 as the Secretary establishes by regulations.
       ``(i) Voluntary Measures.--Nothing 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 which 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, is 
     amended by striking ``a fund'' and inserting in 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 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-Fishery 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 individual 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 anadromous 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 or 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 the 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 
     of 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 knows 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 comparable 
     facility, including adjacent waterfront and pier, within the 
     Charleston area.
  Mr. JOHNSTON. Madam President, I move to reconsider the vote.
  Mr. WALLOP. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

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