[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994

  Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on (S. 1636), the Marine 
Mammal Protection Act Amendments of 1994.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1636) entitled 
     ``An Act 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'', do 
     pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1361 et seq.).

     SEC. 3. FINDINGS AND DECLARATION OF POLICY.

       Section 2 (16 U.S.C. 1361) is amended--
       (1) in paragraph (2) by inserting ``essential habitats, 
     including'' after ``made to protect''; and
       (2) in paragraph (5) in the matter following subparagraph 
     (B) by inserting ``and their habitats'' before ``is therefore 
     necessary''.

     SEC. 4. MORATORIUM AND EXCEPTIONS.

       (a) Section 101(a) (16 U.S.C. 1371(a)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Consistent with the provisions of section 104, 
     permits may be issued by the Secretary for taking, and 
     importation for purposes of scientific research, public 
     display, photography for educational or commercial purposes, 
     or enhancing the survival or recovery of a species or stock, 
     or for importation of polar bear parts (other than internal 
     organs) taken in sport hunts in Canada. Such permits, except 
     permits issued under section 104(c)(5), may be issued if the 
     taking or importation proposed to be made is first reviewed 
     by the Marine Mammal Commission and the Committee of 
     Scientific Advisors on Marine Mammals established under title 
     II. The Commission and Committee shall recommend any proposed 
     taking or importation, other than importation under section 
     104(c)(5), which is consistent with the purposes and policies 
     of section 2 of this Act. If the Secretary issues such a 
     permit for importation, the Secretary shall issue to the 
     importer concerned a certificate to that effect in such form 
     as the Secretary of the Treasury prescribes, and such 
     importation may be made upon presentation of the certificate 
     to the customs officer concerned.'';
       (2) in paragraph (2) in the first sentence by 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'';
       (3) in paragraph (3)(B)--
       (A) by inserting ``, photography for educational or 
     commercial purposes,'' after ``purposes''; and
       (B) by inserting ``or as provided for under paragraph (5) 
     of this subsection,'' after ``subsection,'';
       (4) by amending paragraph (4) to read as follows:
       ``(4)(A) Except as provided in subparagraphs (B) and (C), 
     the provisions of this Act shall not apply to the use of 
     measures--
       ``(i) by the owner of fishing gear or catch, or an employee 
     or agent of such owner, to deter a marine mammal from 
     damaging the gear or catch;
       ``(ii) by the owner of other private property, or an agent, 
     bailee, or employee of such owner, to deter a marine mammal 
     from damaging private property;
       ``(iii) by any person, to deter a marine mammal from 
     endangering personal safety; or
       ``(iv) by a government employee, to deter a marine mammal 
     from damaging public property,

     so long as such measures do not result in the death or 
     serious injury of a marine mammal.
       ``(B) The Secretary shall, through consultation with 
     appropriate experts, and after notice and opportunity for 
     public comment, publish in the Federal Register a list of 
     guidelines for use in safely deterring marine mammals. In the 
     case of marine mammals listed as endangered species or 
     threatened species under the Endangered Species Act of 1973, 
     the Secretary shall recommend specific measures which may be 
     used to nonlethally deter marine mammals. Actions to deter 
     marine mammals consistent with such guidelines or specific 
     measures shall not be a violation of this Act.
       ``(C) If the Secretary determines, using the best 
     scientific information available, that certain forms of 
     deterrence have a significant adverse effect on marine 
     mammals, the Secretary may prohibit such deterrent methods, 
     after notice and opportunity for public comment, through 
     regulation under this Act.
       ``(D) The authority to deter marine mammals pursuant to 
     subparagraph (A) applies to all marine mammals, including all 
     stocks designated as depleted under this Act.'';
       (5) in paragraph (5) by adding at the end the following new 
     subparagraphs:
       ``(D)(i) Upon request therefor by citizens of the United 
     States who engage in a specified activity (other than 
     commercial fishing) within a specific geographic region, the 
     Secretary shall authorize, for periods of not more than 1 
     year, subject to such conditions as the Secretary may 
     specify, the incidental, but not intentional, taking by 
     harassment of small numbers of marine mammals of a species or 
     population stock by such citizens while engaging in that 
     activity within that region if the Secretary finds that such 
     harassment during each period concerned--
       ``(I) will have a negligible impact on such species or 
     stock, and
       ``(II) will not have an unmitigable adverse impact on the 
     availability of such species or stock for taking for 
     subsistence uses pursuant to subsection (b), or section 
     109(f) or pursuant to a cooperative agreement under section 
     119.
       ``(ii) The authorization for such activity shall prescribe, 
     where applicable--
       ``(I) permissible methods of taking by harassment 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 taking for subsistence uses 
     pursuant to subsection (b) or section 109(f) or pursuant to a 
     cooperative agreement under section 119,
       ``(II) the measures that the Secretary determines are 
     necessary to ensure no unmitigable adverse impact on the 
     availability of the species or stock for subsistence uses 
     pursuant to subsection (b) or section 109(f) or pursuant to a 
     cooperative agreement under section 119, and
       ``(III) requirements pertaining to the monitoring and 
     reporting of such taking by harassment, 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 119.
       ``(iii) The Secretary shall publish a proposed 
     authorization not later than 45 days after receiving an 
     application under this subparagraph and request public 
     comment through notice in the Federal Register, newspapers of 
     general circulation, and appropriate electronic media and to 
     all locally affected communities for a period of 30 days 
     after publication. Not later than 45 days after the close of 
     the public comment period, if the Secretary makes the 
     findings set forth in clause (i), the Secretary shall issue 
     an authorization with appropriate conditions to meet the 
     requirements of clause (ii).
       ``(iv) The Secretary shall modify, suspend, or revoke an 
     authorization if the Secretary finds that the provisions of 
     clauses (i) or (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 taking by 
     harassment that occurs in compliance with such authorization.
       ``(E)(i) During any period of up to three consecutive 
     years, the Secretary shall allow the incidental, but not the 
     intentional, taking 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 species 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 its 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 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 significant 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.
       ``(vi) This paragraph shall not govern the incidental 
     taking of California sea otters and shall not be deemed to 
     amend or repeal the Act of November 7, 1986 (Public Law 99-
     625; 100 Stat. 3500).''; and
       ``(6) by adding at the end the following new paragraph:
       ``(6)(A) A marine mammal product may be imported into the 
     United States if the product--
       ``(i) was legally possessed and exported by any citizen of 
     the United States in conjunction with travel outside the 
     United States, provided that the product is imported into the 
     United States by the same person upon the termination of 
     travel.
       ``(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.''.
       (b) Actions Affecting Section 101(b).--Section 101(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 of depletion under 
     this subsection or finding regarding unmitigable adverse 
     impacts under subsection (a)(5) of 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.''.
       (c) Section 101(c) (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 such taking is imminently necessary in self-
     defense or to save the life of a person in immediate danger, 
     and such taking is reported to the Secretary within 48 hours. 
     The Secretary may seize and dispose of the carcass.''.

     SEC. 5. PERMITS.

       (a) Prohibitions.--Section 102(a) (16 U.S.C. 1372(a)) is 
     amended--
       (1) in paragraph (2)(B) by striking ``for any purpose in 
     any way connected with the taking or importation of'' and 
     inserting ``to take or import''; and
       (2) in paragraph (4) by--
       (A) striking ``or offer to purchase or sell'' and inserting 
     ``export, or offer to purchase, sell, or export'';
       (B) striking ``product; and'' and inserting ``product--''; 
     and
       (C) inserting after and below the text of the paragraph the 
     following:
       ``(A) that is taken in violation of this Act; or
       ``(B) for any purpose other than public display, scientific 
     research, or enhancing the survival of a species or stock as 
     provided for under subsection 104(c); and''.
       (b) Permits.--Section 104 (16 U.S.C. 1374) is amended--
       (1) in subsection (a) by inserting ``except for the 
     incidental taking of marine mammals in the course of 
     commercial fishing operations'' before the period at the end;
       (2) in subsection (c)--
       (A) in paragraph (1) in the first sentence by striking 
     ``and after'';
       (B) by amending paragraph (2) to read as follows:
       ``(2)(A) A permit may be issued to take or import a marine 
     mammal for the purpose of public display only to a person 
     which the Secretary determines--
       ``(i) offers a program for education or conservation 
     purposes that is based on professionally recognized standards 
     of the public display community;
       ``(ii) is registered or holds a license issued under 7 
     U.S.C. 2131 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 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 right and responsibilities described in subparagraph 
     (B) with respect to the marine mammal without obtaining any 
     additional permit or authorization under this Act. Such 
     responsibilities shall be limited to--
       ``(i) for the purpose of public display, the responsibility 
     to meet the requirements of clauses (i), (ii), and (iii) of 
     subparagraph (A),
       ``(ii) for the purpose of scientific research, the 
     responsibility to meet the requirements of paragraph (3), and
       ``(iii) for the purpose of enhancing the survival or 
     recovery of a species or stock, the responsibility to meet 
     the requirements of paragraph (4).
       ``(D) If the Secretary--
       ``(i) finds in concurrence with the Secretary of 
     Agriculture, that a person that holds a permit under this 
     paragraph for a marine mammal, or a person exercising rights 
     under subparagraph (C), no longer meets the requirements of 
     subparagraph (A)(ii) and is not reasonably likely to meet 
     those requirements in the near future, or
       ``(ii) finds that a person that holds a permit under this 
     paragraph for a marine mammal, or a person exercising rights 
     under subparagraph (C), no longer meets the requirements of 
     subparagraph (A)(i) or (iii) 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 the seizure.
       ``(E) No marine mammal held pursuant to a permit issued 
     under subparagraph (A), or by a person exercising rights 
     under subparagraph (C), may be sold, purchased, exported, or 
     transported unless the Secretary is notified of such action 
     no later than 15 days before such action, and such action is 
     for purposes of public display, scientific research, or 
     enhancing the survival or recovery of a species or stock. The 
     Secretary may only require the notification to include the 
     information required by the inventory established under 
     paragraph (10).'';
       (C) by amending paragraph (3) to read as follows:
       ``(3)(A) The Secretary may issue a permit under this 
     paragraph for scientific research purposes to an applicant 
     which submits with its permit application information 
     indicating that the taking is required to further a bona fide 
     scientific purpose. The Secretary may issue a permit under 
     this paragraph before the end of the public review and 
     comment period required under subsection (d)(2) if delaying 
     issuance of the permit could result in harm to a species, 
     population, or individual, or in loss of unique research 
     opportunities.
       ``(B) No permit issued for purposes of scientific research 
     shall authorize the lethal taking of a marine mammal unless 
     the applicant demonstrates that a nonlethal method of 
     conducting the research is not feasible. The Secretary shall 
     not issue a permit for research which involves the lethal 
     taking of a marine mammal from a species or stock that is 
     depleted, unless the Secretary determines that the results of 
     such research will directly benefit that species or stock, or 
     that such research fulfills a critically important research 
     need.
       ``(C) Not later than 120 days after the date of enactment 
     of the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary shall issue general authorization and implementing 
     regulations allowing bona fide scientific research that may 
     result only in taking by Level B harassment of a marine 
     mammal. Such authorization shall apply to persons which 
     submit, by 60 days before commencement of such research, a 
     letter of intent via certified mail to the Secretary 
     containing the following:
       ``(i) The species or stocks of marine mammals which may be 
     harassed.
       ``(ii) Geographic location of the research.
       ``(iii) The period of time over which the research will be 
     conducted.
       ``(iv) The purpose of the research, including a description 
     of how the definition of bona fide research as established 
     under this Act would apply.
       ``(v) Methods to be used to conduct the research.

     Not later than 30 days after receipt of a letter of intent to 
     conduct scientific research under the general authorization, 
     the Secretary shall notify the applicant if the proposed 
     research is likely to result in the taking, including Level A 
     harassment, of a marine mammal, and that subparagraph (A) 
     applies, or shall issue a letter confirming that the general 
     authorization applies. If no such notification is received, 
     the proposed research shall be covered under the general 
     authorization.''; and
       (D) by adding at the end the following new paragraphs:
       ``(5)(A) The Secretary may issue a permit for the 
     importation of polar bear parts (other than internal organs) 
     taken in sport hunts in Canada, including polar bears taken 
     prior to the date of enactment of the Marine Mammal 
     Protection Act Amendments of 1994, to an applicant which 
     submits with its permit application proof that the polar bear 
     was legally harvested in Canada. Such a permit shall be 
     issued if the Secretary, in consultation with the Marine 
     Mammal Commission and after notice and opportunity for public 
     comment, finds that--
       ``(i) Canada has a monitored and enforced sport hunting 
     program consistent with the purposes of the Agreement on the 
     Conservation of Polar Bears;
       ``(ii) Canada has a sport hunting program based on 
     scientifically sound quotas ensuring the maintenance of a 
     sustainable population;
       ``(iii) the export and subsequent import are consistent 
     with the provisions of the Convention on International Trade 
     in Endangered Species of Wild Fauna and Flora and other 
     international agreements and conventions; and
       ``(iv) the export and subsequent import are not likely to 
     contribute to illegal trade in bear parts.
       ``(B) The Secretary shall establish and charge a reasonable 
     fee for permits issued under this paragraph. All fees 
     collected under this paragraph shall be available to the 
     Secretary for use in developing and implementing cooperative 
     research and management programs for the conservation of 
     polar bears in Alaska and Russia pursuant to section 113(d).
       ``(6) A permit may be issued for photography for 
     educational or commercial purposes involving marine mammals 
     in the wild only to an applicant which submits with its 
     permit application information indicating that the taking 
     will be limited to Level B harassment, and the manner in 
     which the products of such activities will be made available 
     to the public.
       ``(7) Upon request by a person for a permit under paragraph 
     (2), (3), or (4) for a marine mammal which is in the 
     possession of any person authorized to possess it under this 
     Act and which is determined under guidance under section 
     402(a) not to be releasable to the wild, the Secretary shall 
     issue the permit to the person requesting the permit if that 
     person--
       ``(A) meets the requirements of clauses (i), (ii), and 
     (iii) of paragraph (2)(A), in the case of a request for a 
     permit under paragraph (2);
       ``(B) meets the requirements of paragraph (3), in the case 
     of a request for a permit under that paragraph; or
       ``(C) meets the requirements of paragraph (4), in the case 
     of a request for a permit under that paragraph.
       ``(8)(A) No additional permit or authorization shall be 
     required to possess, sell, purchase, transport, export, or 
     offer to sell or purchase the progeny of marine mammals taken 
     or imported under this subsection, if such possession, sale, 
     purchase, transport, export, or offer to sell or purchase 
     is--
       ``(i) for the purpose of public display, and by or to, 
     respectively, a person which meets the requirements of 
     clauses (i), (ii), and (iii) of paragraph (2)(A):
       ``(ii) for the purpose of scientific research, and by or 
     to, respectively, a person which meets the requirements of 
     paragraph (3), or
       ``(iii) for the purpose of enhancing the survival or 
     recovery of a species or stock, and by or to, respectively, a 
     person which meets the requirements of paragraph (4).
       ``(B)(i) A person which has a permit under paragraph (2), 
     or a person exercising rights under paragraph (2)(C), which 
     has possession of a marine mammal that gives birth to progeny 
     shall--
       ``(I) notify the Secretary of the birth of such progeny 
     within 30 days after the date of birth; and
       ``(II) notify the Secretary of the sale, purchase, or 
     transport of such progeny no later than 15 days before such 
     action.
       ``(ii) The Secretary may only require notification under 
     clause (i) to include the information required for the 
     inventory established under paragraph (10).
       ``(C) Any progeny of a marine mammal born in captivity 
     before the date of the enactment of the Marine Mammal 
     Protection Act Amendments of 1994 and held in captivity for 
     the purpose of public display shall be treated as though born 
     after that date of enactment.
       ``(9) No marine mammal may be exported for the purpose of 
     public display, scientific research, or enhancing the 
     survival or recovery of a species or stock unless the 
     receiving facility meets standards that are comparable to the 
     requirements that a person must meet to receive a permit 
     under this subsection for that purpose.
       ``(10) The Secretary shall establish and maintain an 
     inventory of all marine mammals possessed pursuant to permits 
     issued under paragraph (2)(A), by persons exercising rights 
     under paragraph (2)(C), and all progeny of such marine 
     mammals. The inventory shall contain for each marine mammal, 
     only the following information which shall be provided by a 
     person holding a marine mammal under this Act:
       ``(A) The name of the marine mammal or other 
     identification.
       ``(B) The sex of the marine mammal.
       ``(C) The estimated or actual birth date of the marine 
     mammal.
       ``(D) The date of acquisition or disposition of the marine 
     mammal by the permit holder.
       ``(E) The source from whom the marine mammal was acquired 
     including the location of the take from the wild, if 
     applicable.
       ``(F) If the marine mammal is transferred, the name of the 
     recipient.
       ``(G) A notation of the animal was acquired as the result 
     of a stranding.
       ``(H) The date of death of the marine mammal and the cause 
     of death when determined.''; and
       (3) in subsection (e)(1) by--
       (A) striking ``or'' at the end of subparagraph (A);
       (B) striking the period at the end of subparagraph (B) and 
     inserting ``, or''; and
       (C) adding at the end the following new subparagraph:
       ``(C) if, in the case of a permit under subsection (c)(5) 
     authorizing importation of polar bear parts, the Secretary, 
     in consultation with the appropriate authority in Canada, 
     determines that the sustainability of Canada's polar bear 
     populations are being adversely affected or that sport 
     hunting may be having a detrimental effect on maintaining 
     polar bear populations throughout their range.''.
       (c) Existing Permits.--Any permit issued under section 
     104(c)(2) of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1374(c)(2)) before the date of the enactment of this 
     Act is hereby modified to be consistent with that section as 
     amended by this Act.

     SEC. 6. PURPOSE AND USE OF THE FUND.

       Section 405 (16 U.S.C. 1421d) as amended by this Act is 
     further amended--
       (1)(A) in subsection (b)(1)(A) by striking ``and'' at the 
     end of clause (ii); and
       (B) by inserting a new clause (iii) as follows:
       ``(iii) for care and maintenance of marine mammal seized 
     under section 104(c)(2)(C); and''; and
       (2) in subsection (d) by striking ``For purposes of 
     carrying out this title, the'' and inserting ``The''.

     SEC. 7. APPLICATION TO OTHER TREATIES AND CONVENTIONS.

       Section 113 (16 U.S.C. 1383) is amended by--
       (1) designating the existing paragraph as subsection (a); 
     and
       (2) adding at the end the following new subsections
       ``(b) Not later than 1 year after the date of enactment of 
     the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary of the Interior shall, in consultation with the 
     contracting parties, initiate a review of the effectiveness 
     of the Agreement on the Conservation of Polar Bears, as 
     provided for in Article IX of the Agreement, and establish a 
     process by which future reviews shall be conducted.
       ``(c) The Secretary of the Interior, in consultation with 
     the Secretary of State and the Marine Mammal Commission, 
     shall review the effectiveness of the United States 
     implementation of the Agreement on the Conservation of Polar 
     Bears, particularly with respect to the habitat protection 
     mandates contained in Article II. The Secretary shall report 
     the results of this review to the Committee on Merchant 
     Marine and Fisheries of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate not later than April 1, 1995.
       ``(d) Not later than 6 months after the date of enactment 
     of the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary of the Interior, acting through the Secretary of 
     State and in consultation with the Marine Mammal Commission 
     and the State of Alaska, shall consult with the appropriate 
     officials of the Russian Federation on the development and 
     implementation of enhanced cooperative research and 
     management programs for the conservation of polar bears in 
     Alaska and Russia. The Secretary shall report the results of 
     this consultation and provide periodic progress reports on 
     the research and management programs to the Committee on 
     Merchant Marine and Fisheries of the House of Representatives 
     and the Committee on Commerce, Science and Transportation of 
     the Senate.''.

     SEC. 8. CONSERVATION PLANS.

       Section 115(b) (16 U.S.C. 1383b(b)) is amended by adding at 
     the end the following new paragraph:
       ``(4) If the Secretary determines that a take reduction 
     plan is necessary to reduce the incidental taking of marine 
     mammals in the course of commercial fishing operations from a 
     strategic stock, or for species or 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 species or stock 
     shall incorporate the take reduction plan required under 
     section 118 for such species or stock.''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) Department of Commerce.--Title I is amended by 
     inserting after section 115 the following:

     ``SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

       ``(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 and title IV, 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, 
     $20,000,000 for each of the fiscal years 1994 through 1999.
       ``(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.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section is amended by inserting after the item relating to 
     section 115 the following:

``Sec. 116. Authorization of appropriations.''.

       (c) Authorization.--Title II (16 U.S.C. 1401 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Marine 
     Mammal Commission for carrying out this title $1,500,000 for 
     fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000 
     for fiscal year 1996, $1,650,000 for fiscal year 1997, 
     $1,700,000 for fiscal year 1998, and $1,750,000 for fiscal 
     year 1999.''.
       (d) Clerical Amendment.--The table of contents in the first 
     section is amended by inserting after the item relating to 
     section 206 the following:

``Sec. 207. Authorization of appropriations.''.

     SEC. 10. STOCK ASSESSMENTS.

       Title I 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, in consultation with the appropriate 
     regional scientific review 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 human-caused mortality and 
     serious injury of the stock by source and, for a strategic 
     stock, 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 the appropriate standard 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 human-caused mortality and serious 
     injury that is not likely to cause the stock to be reduced 
     below its optimum sustainable population; or
       ``(B) is a strategic stock, with a description of the 
     reasons therefor; and
       ``(6) estimate the potential biological removal level for 
     the stock, describing the information used to calculate it, 
     including the recovery factor.
       ``(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 shall review stock assessments in 
     accordance with this subsection--
       ``(A) at least annually for stocks which are specified as 
     strategic stocks;
       ``(B) at least annually for stocks for which significant 
     new information is available; and
       ``(C) at least once every 3 years for all other stocks.
       ``(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 Marine Mammal 
     Commission, the Governors of affected adjacent coastal 
     States, regional fishery and wildlife management authorities, 
     Alaska Native organizations and Indian tribes, and 
     environmental and fishery groups, establish at least 3 
     independent regional scientific review groups representing 
     Alaska, the Pacific Coast (including Hawaii), and the 
     Atlantic Coast (including the Gulf of Mexico) 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 review group. The regional scientific 
     review groups shall advise the Secretary on--
       ``(A) population estimates and the population status and 
     trends of such stocks;
       ``(B) uncertainties and research needed regarding stock 
     separation, abundance, or trends, and factors affecting the 
     distribution, size, or productivity of the stock;
       ``(C) uncertainties and research needed regarding the 
     species, number, ages, gender, and reproductive status of 
     marine mammals;
       ``(D) research needed to identify modifications in fishing 
     gear and practices likely to reduce the incidental mortality 
     and serious injury of marine mammals in commercial fishing 
     operations;
       ``(E) the potential impacts of habitat destruction, 
     including marine pollution and natural environmental change, 
     on specific marine mammal species or stocks; and
       ``(F) any other issue which the Secretary or the groups 
     consider appropriate.
       ``(2) The scientific review groups established under this 
     subsection shall not be subject to the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(3) Members of the scientific review groups shall serve 
     without compensation, but may be reimbursed by the Secretary, 
     upon request, for reasonable travel costs and expenses 
     incurred in performing their obligations.
       ``(4) The Secretary may appoint or reappoint individuals to 
     the regional scientific review 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. 11. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL 
                   FISHING OPERATIONS.

       Title I, 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 subsection, 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 within seven years of the date of 
     enactment of this section.
       ``(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 species 
     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 incidental taking 
     of California sea otters and shall not be deemed to amend or 
     repeal the Act of November 7, 1986 (Public Law 99-625; 100 
     Stat. 3500).
       ``(5) Except as provided in section 101(c), the intentional 
     lethal take of any marine mammal in the course of commercial 
     fishing operations is prohibited.
       ``(6) Sections 103 and 104 shall not apply to the 
     incidental taking of marine mammals under the authority of 
     this section.
       ``(b) 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 seven 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 and serious injury 
     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 
     additional information is required to accurately assess 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 (f).
       ``(c) 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(b)(1) and which is in existence on March 
     31, 1994 (along with an explanation of such changes and a 
     statement describing the marine mammal stocks interacting 
     with, 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 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 
     and used in the fishery an authorization for the purpose of 
     incidentally taking marine mammals in accordance with this 
     section, except that owners of vessels holding valid 
     certificates of exemption under section 114 are deemed to 
     have registered for purposes of this subsection for the 
     period during which such registration is valid;
       ``(ii) ensure that a decal or such other physical evidence 
     of a current and valid authorization as the Secretary may 
     require is displayed on or is in the possession of the master 
     of each such vessel;
       ``(iii) report as required by subsection (e); and
       ``(iv) comply with a take reduction plan and emergency 
     regulations issued under this section.
       ``(B) Any owner of a vessel receiving an authorization 
     under this section for any fishery listed under paragraph 
     (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, and for 
     violations of clauses (i) and (ii) shall be subject to 
     penalties of this title, and for violations of clause (iii) 
     shall be subject to a fine of not more than $100 for each 
     offense.
       ``(D) If the owner of a vessel has obtained and maintains a 
     current and valid authorization from the Secretary under this 
     section and meets the requirements set forth in this section, 
     including compliance with any regulations to implement a take 
     reduction plan under this section, the owner of such vessel, 
     and the master and crew members of the vessel, shall not be 
     subject to the penalties set forth in this title for the 
     incidental taking of marine mammals while such vessel is 
     engaged in a fishery to which the authorization applies.
       ``(E) Each owner of a vessel engaged in any fishery not 
     listed under paragraph (1)(A) (i) or (ii), and the master and 
     crew member 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 (e), instances 
     of incidental mortality or injury of marine mammals in the 
     course of that fishery.
       ``(4)(A) 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 (e) 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 
     authorization under this section for an owner who complies 
     with the requirements of this section.
       ``(B) The Secretary may suspend or revoke an authorization 
     granted under this subsection, and may not issue a decal or 
     other physical evidence of the authorization for any vessel 
     which fails to comply with a take reduction plan or emergency 
     regulations issued under this section.
       ``(C) The owner and master of a vessel which fails to 
     comply with a take reduction plan shall be subject to the 
     penalties of section 105 and 107, and may be subject to 
     section 106.
       ``(5)(A) The Secretary shall develop, in consultation with 
     the appropriate States, affected Regional Fishery Management 
     Councils, and other interested persons, the means by which 
     the granting and administration of authorizations under this 
     section shall be integrated and coordinated, to the maximum 
     extent practicable, with existing fishery licenses, 
     registrations, and related programs.
       ``(B) The Secretary shall utilize newspapers of general 
     circulation, fishery trade associations, electronic media, 
     and other means of advising commercial fishermen of the 
     provisions of this section and the means by which they can 
     comply with its requirements.
       ``(C) The Secretary is authorized to charge a fee for the 
     granting of an authorization under this section. The level of 
     fees charged under this subparagraph shall not exceed the 
     administrative costs incurred in granting an authorization. 
     Fees collected under this subparagraph shall be available to 
     the Under Secretary of Commerce for Oceans and Atmosphere for 
     expenses incurred in the granting and administration of 
     authorizations under this section.
       ``(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. 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 (e); and
       ``(C) identify changes in fishing methods or technology 
     that may increase or decrease incidental mortality and 
     serious injury.
       ``(2) Pursuant to paragraph (1), the Secretary may place 
     observers on board vessels as necessary, subject to the 
     provisions of this section. Observers may, among other 
     tasks--
       ``(A) record incidental mortality and injury, or bycatch of 
     other nontarget species;
       ``(B) record numbers of marine mammals sighted; and
       ``(C) perform other scientific investigations.
       ``(3) In determining the distribution of observers among 
     commercial fisheries and vessels within a fishery, the 
     Secretary shall be guided by the following standards:
       ``(A) The requirement to obtain statistically reliable 
     information.
       ``(B) The requirement that assignment of observers is fair 
     and equitable among fisheries and among vessels in a fishery.
       ``(C) The requirement that no individual person or vessel, 
     or group of persons or vessels, be subject to excessive or 
     overly burdensome observer coverage.
       ``(D) To the extent practicable, the need to minimize costs 
     and avoid duplication.
       ``(4) To the extent practicable, the Secretary shall 
     allocate observers among 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 listed as 
     endangered species 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 strategic stocks.
       ``(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) The Secretary may establish an alternative observer 
     program to provide statistically reliable information on the 
     species and number of marine mammals incidentally taken in 
     the course of commercial fishing operations. The alternative 
     observer program may include direct observation of fishing 
     activities from vessels, airplanes, or points on shore.
       ``(6) The Secretary is not required to place an observer on 
     a vessel in a fishery if the Secretary finds that--
       ``(A) in a situation in which harvesting vessels are 
     delivering fish to a processing vessel and the catch is not 
     taken on board the harvesting vessel, statistically reliable 
     information can be obtained from an observer on board the 
     processing vessel to which the fish are delivered;
       ``(B) the facilities on a vessel for quartering of an 
     observer, or for carrying out observer functions, are so 
     inadequate or unsafe that the health or safety of the 
     observer or the safe operation of the vessel would be 
     jeopardized; or
       ``(C) for reasons beyond the control of the Secretary, an 
     observer is not available.
       ``(7) The Secretary may, with the consent of the vessel 
     owner, station an observer on board a vessel engaged in a 
     fishery not listed under subsection (c)(1)(A) (i) or (ii).
       ``(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 Regional Fishery Management 
     Councils who are responsible for fishery management plan 
     development and monitoring.
       ``(9) The Secretary shall prescribe such procedures as may 
     be necessary to preserve such confidentiality, except that 
     the Secretary shall release or make public upon request any 
     such information in aggregate, summary, or other form which 
     does not directly or indirectly disclose the identity or 
     business of any person.
       ``(e) 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.
       ``(f) Take Reduction Plans.--(1) The Secretary shall 
     develop and implement a take reduction plan designed to 
     assist in the recovery or prevent the depletion of each 
     strategic stock which interacts with a commercial fishery 
     listed under subsection (c)(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 (c)(1)(A)(i) which the Secretary determines, after 
     notice and opportunity for public comment, has high level of 
     mortality and serious injury across a number of such marine 
     mammal stocks.
       ``(2) The immediate goal of a take reduction plan shall be 
     to reduce, within 6 months of its implementation, the 
     incidental mortality or serious injury of marine mammals 
     incidentally taken in the course of commercial fishing 
     operations to levels less than the potential biological 
     removal level established in this section. The long-term goal 
     of the plan shall be to reduce, within 5 years of its 
     implementation, the incidental mortality or serious injury of 
     marine mammals incidentally taken in the course of commercial 
     fishing operations to insignificant levels approaching a zero 
     mortality and serious injury rate, taking into account the 
     economics of the fishery, the availability of existing 
     technology, and existing State or regional fishery management 
     plans.
       ``(3) If there is insufficient funding available to develop 
     and implement take reduction plan for all such stocks that 
     interact with commercial fisheries listed under subsection 
     (c)(1)(A) (i) or (ii), the Secretary shall give highest 
     priority to the development and implementation of take 
     reduction plans for species or stocks whose level of 
     incidental mortality and serious injury exceeds the potential 
     biological removal level, those that have a small population 
     size, and those which are declining most rapidly.
       ``(4) Each take reduction plan shall include--
       ``(A) a review of the information in the final stock 
     assessment published under subsection (c) and any substantial 
     new information;
       ``(B) an estimate of the total number and, if possible, age 
     and gender, of animals from the stock that are being 
     incidentally lethally taken or seriously injured each year 
     during the course of commercial fishing operations, by 
     fishery;
       ``(C) recommended regulatory or voluntary measures for the 
     reduction of incidental mortality and serious injury;
       ``(D) recommended dates for achieving the specific 
     objection of the plan:
       ``(5)(a) For any stock in which incidental mortality and 
     serious injury from commercial fisheries exceeds the 
     potential biological removal level established under section 
     117, the plan shall include measures the Secretary expects 
     will reduce, within 6 months after of the plan's 
     implementation such mortality and serious injury to a level 
     below the potential biological removal level.
       ``(b) For any stock in which human-caused mortality and 
     serious injury exceeds the potential biological removal 
     level, other than a stock to which subparagraph (A) applies, 
     the plan shall include measures the Secretary expects will 
     reduce, to the maximum extent practicable within 6 months of 
     the plan's implementation, 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.
       ``(6)(a) At the earliest possible time (not later than 30 
     days) after the Secretary issues a final stock assessment for 
     a strategic stock, the Secretary shall, and for stocks that 
     interact with a fishery listed under subsection (c)(1)(A)(i) 
     for which the Secretary has made a determination under 
     paragraph (1), the Secretary may--
       ``(i) establish a 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 request a 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 take reduction teams shall have expertise 
     regarding the conservation or biology of the marine mammal 
     species which the incidental take plan will address, or the 
     fishing practices which result in the incidental mortality 
     and serious injury of such species. Members shall include 
     representatives of Federal agencies, each coastal State which 
     has fisheries which interact with the species or stock, 
     appropriate Regional Fishery Management Councils, interstate 
     fisheries commissions, academic and scientific organizations, 
     environmental groups, all commercial and recreational 
     fisheries groups and gear types which incidentally take the 
     species or stock, Alaska Native organizations or Indian 
     tribal organizations, and others as the Secretary deems 
     appropriate. Take reduction teams shall, to the maximum 
     extent practicable, consist of an equitable balance among 
     representatives of resource user interests and nonuser 
     interests.
       ``(d) Take reduction teams shall not be subject to the 
     Federal Advisory Committee Act (5 App. U.S.C.). Meetings of 
     take reduction teams shall be open to the public, and prior 
     notice of meetings shall be made public in a timely fashion.
       ``(e) Members of 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.
       ``(7) Where the human-caused mortality and serious injury 
     from a strategic stock is estimated to be equal to or greater 
     than the potential biological removal level established under 
     section 117 for such stock and such stock interacts with a 
     fishery listed under subsection (c)(1)(A) (i) or (ii), the 
     following procedures shall apply in the development of the 
     take reduction plan for the stock:
       ``(A)(i) Not later than 6 months after the date of 
     establishment of a take reduction team for the stock, the 
     team shall submit a draft take reduction plan for such stock 
     to the Secretary, consistent with the other provisions of 
     this section.
       ``(ii) Such draft 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 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 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 take reduction plan and implementing regulations, 
     for public review and comment during a period of not to 
     exceed 90 days.
       ``(C) Not later than 60 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final take reduction plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary shall, during a period of 30 days after 
     publication of a final take reduction plan, utilize 
     newspapers of general circulation, fishery trade 
     associations, electronic media, and other means of advising 
     commercial fishermen of the requirements of the plan and how 
     to comply with them.
       ``(E) The Secretary and the 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 take reduction plan until such time that the 
     Secretary determines that the objectives of such plan have 
     been met.
       ``(F) The Secretary shall amend the 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) Where the human-caused mortality and serious injury 
     from a strategic stock is estimated to be less than the 
     potential biological removal level established under section 
     117 for such stock and such stock interacts with a fishery 
     listed under subsection (c)(1)(A) (i) or (ii), or for any 
     marine mammal stocks which interact with a commercial fishery 
     listed under subsection (c)(1)(A)(i) for which the Secretary 
     has made a determination under paragraph (1), the following 
     procedures shall apply in the development of the take 
     reduction plan for such stock:
       ``(A)(i) Not later than 11 months after the date of 
     establishment of a take reduction team for the stock, the 
     team shall submit a draft take reduction plan for the stock 
     to the Secretary, consistent with the other provisions of 
     this section.
       ``(ii) Such draft 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 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 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 take reduction plan and implementing regulations, 
     for public review and comment during a period of not to 
     exceed 90 days.
       ``(C) Not later than 60 days after the close of the comment 
     period required under subparagraph (B), the Secretary shall 
     issue a final take reduction plan and implementing 
     regulations, consistent with the other provisions of this 
     section.
       ``(D) The Secretary shall, during a period of 30 days after 
     publication of a final take reduction plan, utilize 
     newspapers of general circulation, fishery trade 
     associations, electronic media, and other means of advising 
     commercial fishermen of the requirements of the plan and how 
     to comply with them.
       ``(E) The Secretary and the 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 take reduction plan until such 
     time that the Secretary determines that the objectives of 
     such plan have been met.
       ``(F) The Secretary shall amend the 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.
       ``(9) In implementing a take reduction plan developed 
     pursuant to this subsection, the Secretary may, where 
     necessary to implement 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, in accordance with subsection (d), 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.
       ``(10)(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 a take reduction team under paragraph (6) 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 a 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 take reduction team for such stock for the 
     purpose of amending the 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 (7)(F) 
     or (8)(F), as appropriate.
       ``(D) A draft stock assessment may only be used as the 
     basis for a 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 a 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).
       ``(11) Take reduction plans developed under this section 
     for a species or stock listed as a threatened species 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.
       ``(g) Emergency Regulations.--(1) If the Secretary finds 
     that the 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 actions as follows:
       ``(A) In the case of a stock or species for which a take 
     reduction plan is in effect, the Secretary shall--
       ``(i) prescribe emergency regulations that, consistent with 
     such plan to the maximum extent practicable, reduce 
     incidental 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 take 
     reduction team to address such adverse impact.
       ``(B) In the case of a stock or species for which a take 
     reduction plan is being developed, the Secretary shall--
       ``(i) prescribe emergency regulations to reduce such 
     incidental 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 a take 
     reduction plan does not exist and is not being developed, or 
     in the case of a commercial fishery listed under subsection 
     (c)(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 and the classification of such commercial 
     fishery under this section to determine if a take reduction 
     team should be established; and
       ``(iii) may, where necessary to address such adverse impact 
     on a species listed as a threatened species or endangered 
     species under the Endangered Species Act of 1973, (16 U.S.C. 
     1531 et seq.), place observers on vessels in a commercial 
     fishery listed under subsection (c)(1)(A)(iii), if the 
     Secretary has reason to believe such vessels may be causing 
     the 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 Regional Fishery Management 
     Councils, State fishery managers, and the appropriate take 
     reduction team (if established).
       ``(3) Emergency regulations prescribed under this 
     subsection--
       ``(A) shall be published in the Federal Register, together 
     with an explanation thereof;
       ``(B) shall remain in effect for not more than 180 days or 
     until the end of the applicable commercial fishing season, 
     whichever is earlier; and
       ``(C) may be terminated by the Secretary at an earlier date 
     by publication in the Federal Register of a notice of 
     termination, if the Secretary determines that the reasons for 
     emergency regulations no longer exist.
       ``(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.
       ``(h) Penalties.--Except as provided in subsection (c), 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) Assistance.--The Secretary shall provide assistance 
     to Regional Fishery Management Councils, States, interstate 
     fishery commissions, and Indian tribal organizations in 
     meeting the goal of reducing incidental mortality and serious 
     injury to insignificant levels approaching a zero mortality 
     and serious injury rate.
       ``(j) Contributions.--For purposes of carrying out this 
     section, the Secretary may accept, solicit, receive, hold, 
     administer, and use gifts, devises, and bequests.''
       ``(k) Consultation with Secretary of the Interior.--The 
     Secretary shall consult with the Secretary of the Interior 
     prior to taking actions or making determinations under this 
     section that affect or relate to species or population stocks 
     of marine mammals for which the Secretary of the Interior is 
     responsible under this title.
       ``(l) Definitions.--As used in this section, each of the 
     terms `fishery' and `vessel of the United States' has the 
     same meaning as it does in section 3 of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1802).''.

     SEC. 12. DEFINITIONS.

       Section 3 (16 U.S.C. 1362) is amended--
       (1) in paragraph (13) by inserting ``harm,'' before 
     ``harass'' each place it appears; and
       (2) by adding at the end the following:
       ``(18)(A) The term `harassment' means any act of pursuit, 
     torment, or annoyance which--
       ``(i) has the potential to injure a marine mammal or marine 
     mammal stock in the wild; or
       ``(ii) has the potential to disturb a marine mammal or 
     marine mammal stock in the wild by causing disruption of 
     behavioral patterns, including, but not limited to, 
     migration, breathing, nursing, breeding, feeding, or 
     sheltering.
       ``(B) The term `Level A harassment' means harassment 
     described in subparagraph (A)(i).
       ``(C) The term `Level B harassment' means harassment 
     described in subparagraph (A)(ii).
       ``(19) The term `harm' means an act or series of acts, 
     which is likely to result in significant habitat modification 
     or degradation that is likely to threaten the survival or 
     recovery of a stock.
       ``(20) The term `strategic stock' means a marine mammal 
     population or stock--
       ``(A) for which the level of direct human-caused mortality 
     exceeds the potential biological removal level;
       ``(B) which, based on the best available scientific 
     information, is declining and is likely to be listed as a 
     threatened species under the Endangered Species Act of 1973 
     within the foreseeable future; or
       ``(C) is listed as a threatened species or endangered 
     species under the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.), or is designated as depleted under the Act.
       ``(21) The term `potential biological removal level' means 
     the maximum number of animals, not including natural 
     mortalities, that may be removed from a marine mammal stock 
     while allowing that stock to reach or maintain its optimum 
     sustainable population. The potential biological removal 
     level 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 of the stock at a small population size.
       ``(C) A recovery factor of between 0.1 and 1.0.
       ``(22) The term `Regional Fishery Management Council' means 
     a Regional Fishery Management Council established under 
     section 302 of the Magnuson Fishery Conservation and 
     Management Act.
       ``(23) The term `bona fide research' means scientific 
     research on marine mammals, the results of which--
       ``(A) likely would be accepted for publication in a 
     referred scientific journal;
       ``(B) are likely to contribute to the basic knowledge of 
     marine mammal biology or ecology; or
       ``(C) are likely to identify, evaluate, or resolve 
     conservation problems.
       ``(24) The term `Alaska Native organization' means a group 
     designated by law or formally chartered which represents or 
     consists of Indians, Aleuts or Eskimos residing in Alaska.
       ``(25) The term `take reduction plan' means a plan 
     established under section 118.
       ``(26) The term `take reduction team' means a team 
     established under section 118.
       ``(27) 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.
       ``(28) 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. 13. 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. 14. 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. 15. 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 September 1, 1995, 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 by January 1, 1995.

     SEC. 16. 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); and
       (2) by redesignating the second paragraph (15) and 
     paragraph (16) as paragraphs (16) and (17), 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.
       (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. 17. 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. 18. SCRIMSHAW EXEMPTIONS.

       Notwithstanding any other provision of law, any valid 
     certificate of exemption renewed by the Secretary (or deemed 
     to be renewed) under section 10(f)(8) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any person 
     holding such a certificate with respect to the possession of 
     pre-Act finished scrimshaw products or raw material for such 
     products shall remain valid for a period not to exceed 5 
     years beginning on the date of enactment of this Act.

     SEC. 19. 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 following new section:

     ``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.

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

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

     SEC. 20. MARINE ECOSYSTEM PROTECTION.

       Section 110 (16 U.S.C. 1380) is amended by striking 
     subsection (c) and inserting the following:
       ``(c)(1) No later than 1 year after the date of enactment 
     of the Marine Mammal Protection Act Amendments of 1994, the 
     Secretary of Commerce shall convene a regional workshop for 
     the Gulf of Maine to assess human-caused factors affecting 
     the health and stability of that marine ecosystem, of which 
     marine mammals are a part. The workshop shall be conducted in 
     consultation with the Marine Mammal Commission, the adjacent 
     coastal States, individuals with expertise in marine mammal 
     biology and ecology, representatives from environmental 
     organizations, the fishing industry, and other appropriate 
     persons. The goal of the workshop shall be to identify such 
     factors, and to recommend a program of research and 
     management to restore or maintain that marine ecosystem and 
     its key components that--
       ``(A) protects and encourages marine mammals to develop to 
     the greatest extent feasible commensurate with sound policies 
     of resource management;
       ``(B) has as the primary management objective the 
     maintenance of the health and stability of the marine 
     ecosystems;
       ``(C) ensures the fullest possible range of management 
     options for future generations; and
       ``(D) permits nonwasteful, environmentally sound 
     development of renewable and nonrenewable resources.
       ``(2) On or before December 31, 1995, the Secretary of 
     Commerce shall submit to the Committee on Merchant Marine and 
     Fisheries of the House of Representatives and the Committee 
     on Commerce, Science and Transportation of the Senate a 
     report containing the results of the work-shop under this 
     subsection, proposed regulatory or research actions, and 
     recommended legislative action.
       ``(d)(1) The Secretary of Commerce, in consultation with 
     the Secretary of the Interior, the Maine Mammal Commission, 
     the State of Alaska, and Alaska Native organizations, shall, 
     not later than 180 days after the date of enactment of the 
     Marine Mammal Protection Act Amendments of 1994, undertake a 
     scientific research program to monitor the health and 
     stability of the Bering Sea marine ecosystem and to resolve 
     uncertainties concerning the causes of population declines of 
     marine mammals, sea birds, and other living resources of that 
     marine ecosystem. The program shall address the research 
     recommendations developed by previous workshops on Bering Sea 
     living marine resources, and shall include research on 
     subsistence uses of such resources and ways to provide for 
     the continued opportunity for such uses.
       ``(2) To the maximum extent practicable, the research 
     program undertaken pursuant to subsection (d)(1) shall be 
     conducted in Alaska. The Secretary shall utilize, where 
     appropriate, traditional local knowledge and may contract 
     with a qualified Alaska Native organization to conduct such 
     research.
       ``(3) The Secretary of Commerce, the Secretary of the 
     Interior, and the Commission shall address the status and 
     findings of the research program in their annual reports to 
     Congress required by sections 103(f) and 204 of this Act.''.

     SEC. 21. 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. 22. COASTAL ECOSYSTEM HEALTH.

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

     SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE.

       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. PACIFIC COAST 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.--(1) Any State may apply to the 
     Secretary to authorize the lethal removal of individually 
     identifiable pinnipeds which are having a significant 
     negative impact on the decline or recovery of salmonid 
     fishery stocks which--
       ``(A) have been listed as threatened species or endangered 
     species under the Endangered Species Act of 1973;
       ``(B) the Secretary finds are approaching endangered 
     species or threatened species status (as those terms are 
     defined in the Act); or
       ``(C) migrate through Ballard Locks at Seattle, Washington.
       ``(2) 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) California Sea Lions and Pacific Harbor Seals; 
     Investigation and Report.--
       ``(1) The Secretary of Commerce shall engage in a 
     scientific investigation to determine whether California sea 
     lions and Pacific harbor seals--
       ``(A) are having a significant negative impact on the 
     recovery of salmonid fishery stocks which have been listed as 
     threatened species or endangered species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) or which the 
     Secretary finds are approaching endangered or threatened 
     species status; or
       ``(B) are having broader impacts on the coastal ecosystems 
     of Washington, Oregon, and California.

     The Secretary shall conclude this investigation and prepare a 
     report on its results no later than October 1, 1995.
       ``(2) Upon completion of the scientific investigation 
     required under paragraph (1), the Secretary shall enter into 
     discussions with the Pacific States Marine Fisheries 
     Commission on behalf of the States of Washington, Oregon, and 
     California for the purpose of addressing any issues or 
     problems identified as a result of the scientific 
     investigation, and to develop recommendations to address such 
     issues or problems. Any recommendations resulting from such 
     discussions shall be submitted, along with the report, to the 
     Committee on Merchant Marine and Fisheries of the United 
     States House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the United States 
     Senate.
       ``(3) The Secretary shall make the report and the 
     recommendations submitted under paragraph (2) available to 
     the public for review and comment for a period of 90 days.
       ``(4) There are authorized to be appropriated to the 
     Secretary such sums as are necessary to carry out the 
     provisions of this subsection.
       ``(5) The Pacific States Marine Fisheries Commission is 
     authorized to use funds appropriated under section 308(c) of 
     the Interjurisdictional Fisheries Act (16 U.S.C. 4107(c)) to 
     participate in discussions with the Secretary under paragraph 
     (2).
       ``(g) Regionwide Pinniped-Fishery Interaction Study.--
       ``(1)(A) The Secretary may 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 conducting 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 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 may, not later than 18 months after the 
     commencement of the study under this subsection, transmit a 
     report on the results of the study to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Merchant Marine and Fisheries of the House of 
     Representatives.
       ``(2) The study conducted under this subsection may not be 
     used by the Secretary as a reason for delaying or deferring a 
     determination under subsection (c).''
       ``(h) Gulf of Maine Task Force.--The Secretary shall 
     establish a Pinniped-Fishery Interaction Task Force to advise 
     the Secretary on issues or problems regarding seals 
     interacting in a dangerous or damaging manner with 
     aquaculture resources in the Gulf of Maine. No later than 2 
     years from the date of enactment, the Secretary shall submit 
     to the Committee on Merchant Marine and Fisheries of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report containing 
     recommended available alternatives to mitigate such 
     interactions.
       ``(i) Gulf of Maine Harbor Porpoise.--(1) Nothing in 
     section 117 shall prevent the Secretary from publishing a 
     stock assessment for Gulf of Maine harbor porpoise in an 
     expedited fashion.
       ``(2) In developing and implementing a take and reduction 
     plan under section 118 for Gulf of Maine harbor porpoise, the 
     Secretary shall consider all actions already taken to reduce 
     incidental mortality and serious injury of such stock, and 
     may, based on the recommendations of the take reduction team 
     for such stock, modify the time period for compliance with 
     section 118(f)(5)(A), to be no later than April 1, 1997.''.

     SEC 24. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Amendments Relating to Definition of Secretary.--
       (1) Execution of prior amendments.--The amendments set 
     forth in section 3004(b) of the Marine Mammal Health and 
     Stranding Response Act (106 Stat. 5067)--
       (A) are deemed to have been made by that section to section 
     3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1362(12)); and
       (B) shall not be considered to have been made by that 
     section to section 3(11) of that Act (16 U.S.C. 1362(11)).
       (2) Further technical and conforming amendments.--Section 
     3(12)(B) of the Marine Mammal Protection Act of 1972, as 
     deemed by paragraph (1)(A) of this subsection to have been 
     amended by section 3004(b) of the Marine Mammal Health and 
     Stranding Response Act (106 Stat. 5067), is further amended 
     in subparagraph (B) by striking ``in the title III'' and 
     inserting ``In section 118 and title IV''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective as if enacted as part of section 3004 of 
     the Marine Mammal Health and Stranding Response Act (106 
     Stat. 5067).
       (c) Further Amendments To Title IV. The Act is amended--
       (1) in section 401(b)(3) (as redesignated by this section) 
     by striking ``304'' and inserting ``404'';
       (2) in section 405(b)(1)(A)(i) (as redesignated by this 
     section) by striking ``304(b)'' and inserting ``404(b)'';
       (3) in section 406(a)(2)(A) (as redesignated by this 
     section) by striking ``304(b)'' and inserting ``404(b)'';
       (4) in section 406(a)(2)(B) (as redesignated by this 
     section) by striking ``304(c)'' and inserting ``404(c)'';
       (5) in section 408(1) (as redesignated by this section)--
       (A) by striking ``305'' and inserting ``405'', and
       (B) by striking ``307'' and inserting ``407'';
       (6) in section 408(2) (as redesignated by this section) by 
     striking ``307'' and inserting ``407'';
       (7) in section 409(1) (as redesignated by this section) by 
     striking ``305(a)'' and inserting ``405(a)'';
       (8) in section 409(5) (as redesignated by this section) by 
     striking ``307(a)'' and inserting ``407(a)'';
       (9) in section 102(a) (16 U.S.C. 1372(a)) by striking 
     ``title III'' and inserting ``title IV'';
       (10) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by 
     striking ``title III'' and inserting ``title IV'';
       (11) in section 112(c) (16 U.S.C. 1382(c)) by striking ``or 
     title III'' and inserting ``or title IV''; and
       (12) in the table of contents in the first section, by 
     striking the items relating to the title that is redesignated 
     by paragraph (2) of this section and the sections that are 
     redesignated by paragraph (3) of this section and inserting 
     the following:

        ``Title IV--Marine Mammal Health and Stranding Response

``Sec. 401. Establishment of program.
``Sec. 402. Determination, data collection and dissemination.
``Sec. 403. Stranding response agreements.
``Sec. 404. Unusual mortality event response.
``Sec. 405. Unusual mortality event activity funding.
``Sec. 406. Liability.
``Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.
``Sec. 408. Authorization of appropriations.
``Sec. 409. Definitions.''

     SEC. 25. TRANSFER.

       Of amounts appropriated by Public Law 103-139 to the 
     Department of the Navy for Shipbuilding and Conversion, Navy, 
     the Secretary of the Navy shall transfer $8,000,000 not later 
     than April 15, 1994, to the Administrator of the Maritime 
     Administration for the conversion of the USNS CHAUVENET to a 
     training ship for the Texas Maritime Academy's Training 
     Program.


                           amendment no. 1576

  Mr. FORD. Mr. President, I move that the Senate concur in the 
amendment of the House with a further amendment, which I now send to 
the desk on behalf of Senator Kerry.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Kerry, 
     proposes an amendment numbered 1576.

  Mr. FORD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection it is so ordered.
  (The text of the amendment is located in today's Record under 
``Amendments Submitted.'')
  Mr. KERRY. Mr. President, again I am joined by my good friend from 
Alaska, Senator Ted Stevens, in offering legislation to reauthorize the 
Marine Mammal Protection Act, S. 1636. I am pleased with the progress 
we have made in our discussion with the House and believe that, all 
things considered, the bill before us today is a strong environmental 
package that treats fairly all those who interact with marine mammals. 
I would like to especially thank Congressman Gerry Studds, chairman of 
the Merchant Marine and Fisheries Committee, who has championed marine 
mammal protection for over two decades.
  Today the Senate is considering the Marine Mammal Protection Act 
Amendments of 1994. Before us is a bill which concurs with the House 
amendment to S. 1636 with an amendment. Our bill is nearly identical to 
the House-passed version sent to the Senate on Tuesday night. With the 
exception of the provision on the importation of polar bear trophies 
into the United States, the House-passed reauthorization of the Marine 
Mammal Protection Act is a very strong environmental bill that I 
believe balances the concern for marine mammal in both the wild and 
captivity with the needs of the commercial fishing industry and others 
who interact with marine mammals.
  The House product incorporates many key provisions of the Senate bill 
which were drawn from lengthy discussions between House and Senate 
staff. Unfortunately, the House included a provision not found in the 
Senate bill, and which I oppose, to allow the importation of polar bear 
trophies from Canada. While I would have preferred this language to be 
stricken from the bill, that was not an option and I will explain why 
later in my statement. However, I was successful in added language 
which I worked out with my colleagues to this package to monitor the 
effects on the Canada polar bear stock and to guarantee the immediate 
cessation of imports should there be an adverse impact on the 
sustainability of the Canadian polar bear stock.
  The driving force in moving the Marine Mammal Protection Act 
Amendments of 1994 was the need to establish a new regime to govern the 
interactions between marine mammals and commercial fisheries. The 
regime developed in S. 1636 is designed to ensure the safety of marine 
mammals and guarantee that marine mammal populations will recover 
because of the following elements:
  First, stock assessments: For the first time, the agency is required 
to determine the status of every single marine mammal stock including 
whether the stock is healthy or is in any danger of declining, whether 
it is in need of some assistance because it is depleted, threatened, or 
endangered, or whether the level of human--caused mortality is greater 
than the annual population growth rate. The stock assessment is to be 
based upon data the National Marine Fisheries Service [NMFS] has 
gathered during the past 5 years.
  Second, vessel registration: This bill would continue the current 
vessel registration system requiring all vessels with frequent or 
occasional interaction with marine mammals to register in order to be 
authorized to take marine mammals. With this registration, for the 
first time ever, the Secretary of Commerce has the authority to revoke 
an individual fisherman's authorization to take marine mammals if that 
fisherman does not comply with a take reduction plan. For the first 
time every individual fisherman may be fined for not complying with 
regulations designed to protect the marine mammal stock.
  Third observer coverage: This bill would require observers on board 
all vessels fishing in category 1 and category 2 fisheries, those 
fisheries that have frequent or occasional interaction with marine 
mammals. For the first time, the Secretary of Commerce could require 
observers to be placed on category 3 vessels--vessels which have a 
remote likelihood of interaction with marine mammals--if the stock is a 
threatened or endangered species.
  Fourth, emergency regulatory authority: The bill provides the 
Secretary of Commerce, for the first time, with mandatory emergency 
authority to address any situation in which there is an immediate 
adverse impact on a strategic stock or a stock that is considered 
healthy but for some reason is declining.
  Fifth, zero mortality rate goal: The bill has a zero mortality rate 
goal to be reached within 7 years of enactment. For the first time, the 
Secretary of Commerce is given regulatory authority to work toward 
achieving that goal, whereas the act currently only states the goal but 
specifies no deadline for compliance.
  Sixth, take reduction teams and take reduction plans: The bill 
provides for creation of take-reduction teams to develop plans to 
reduce the incidental taking of marine mammals. These plans are 
designed to actively reduce takes of stocks that are not healthy to a 
point where the stock will recover over a period of time.
  Seventh, intentional taking of marine mammals: For the first time, 
this bill explicitly prohibits the intentional killing of marine 
mammals.
  Overall this is a strong environmental package. I have only one 
significant problem with it. I am personally opposed to the House 
provision that was incorporated at the insistence of Congressman Jack 
Fields which allows the Secretary of Interior to grant permits to 
individuals to import polar bear trophies from Canada into the United 
States.
  With the likelihood of the Senate adjourning for recess within the 
next 24 hours, the time constraints are very tight for Congress to act 
on this matter before the current law expires on April 1. To me it is 
unthinkable that we would extend the existing MMPA regime for another 5 
years--a proposal from the House that less conservation-minded Members 
would happily support. This is the worst case scenario, for it would 
mean the killing of tens of thousands of additional marine mammals 
without the new, tighter regime contained in this package.

  Therefore, I am in the frustrating position of making a choice 
between several unpleasant alternatives to save what otherwise is a 
very strong environmental bill. The first choice is to accept the polar 
bear provision as is. Another is to fight to eliminate the provision in 
the Senate. This is an option that I believe would allow us to win the 
battle but not the war for Congressman Jack Fields has indicated that 
he will oppose any bill that does not contain the polar bear provision, 
and given the time constraint under which we are working, the House 
must pass the MMPA by unanimous consent and thus one Member could 
prohibit its passage. Finally, I could work to strengthen the 
protection to polar bear populations contained in the House language. 
It is this last course which I believe is the only feasible, 
responsible course under the circumstances.
  While the MMPA currently prohibits the importation of any marine 
mammal product, the House incorporated language that would authorize 
the Interior Department to issue permits for the import into the United 
States of polar bear trophies, but not the internal organs of bears, 
killed in sport hunts in Canada. In addition, the House provision 
authorizes the import permit to be granted only if the bear were killed 
under a legal hunting permit issued by the Canadian Government; the 
House provision also provides that the Canadian bear hunting program be 
based on scientifically sound quotas to ensure a sustainable population 
that is consistent with the 1973 international agreement on the 
conservation of polar bears. Also, the import must be consistent with 
the convention on international trade in endangered species. Finally, 
the House provision requires the Interior Department to charge a fee 
for issuing such import permits with the proceeds to be used for polar 
bear conservation programs being conducted in Alaska and Russia.
  I insisted that we tighten the House provision by requiring that 
Secretary of Interior Bruce Babbitt conduct a 2-year scientific review 
assessing the effect of United States import permits on the health of 
the Canadian polar bear herd. If the scientific review, which includes 
public comment, determines that the stock has been adversely impacted 
in any way, the Secretary can put an immediate stop to the permit 
process.
  With this additional polar bear protection language, I believe that 
the benefits of the overall MMPA package vastly outweigh the potential 
problems associated with the polar bear provision. If we fail to take 
action now, we sentence thousands of marine mammals to death and injury 
that could be avoided by our new regime.
  The Federal Government has spent 5 years operating under an interim 
exemption for commercial fisheries. The National Marine Fisheries 
Service has spent that time collecting data on marine mammal stocks and 
developing a new management regime to protect those stocks. The 
Congress has spent this session developing legislation to reauthorize 
the MMPA.
  This latest amendment to S. 1636 is a bipartisan and bicameral effort 
that is the product of many months of hard work. The package 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. While we are 
fast approaching that date, I believe we will achieve that goal.
  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.
  I believe this reauthorization will strengthen our efforts and 
further reduce the mortality and serious injury to our marine mammal 
stocks. I hope my colleagues in both Houses will pass this important 
initiative.
  Mr. STEVENS. On Monday, March 21, 1994, we passed the Senate version 
of the Marine Mammal Protection Act reauthorization bill. The House 
passed a similar version of the legislation, H.R. 2760, that same day.
  Senator Kerry's staff and my staff worked with the House staff Monday 
night to bring the bills even closer together, and Tuesday the House 
took up our bill, S. 1636, inserted the product of the meeting between 
our staffs, and passed S. 1636 under suspension.
  Over the past 2 days, Senator Kerry and I have reviewed the revised 
S. 1636. With two exceptions, the bill we are sending back to the House 
today contains only technical changes.
  We learned yesterday that there were serious concerns about the new 
definition of ``harm'' included by the House in the revised version of 
S. 1636.
  We have removed the definition of ``harm'' from the bill because the 
term ``harm'' has been the subject of a recent U.S. Court of Appeals 
decision involving the Endangered Species Act, because the Committee 
has not adequately addressed the implications of defining ``harm,'' and 
because the definition is not an integral part of the new marine 
mammal/commercial fisheries regime.
  We have also removed the provision which would have inserted ``harm'' 
in the definition of ``take'' under the existing Marine Mammal 
Protection Act.
  We have also made a change to require the Secretary to conduct a 
scientific review within 2 years of the enactment of a provision in the 
bill that would allow United States sport hunters to import polar bear 
parts taken in hunts in Canada.
  If the Secretary determines, based on the scientific review, that the 
issuance of permits to import polar bear hides or other parts is 
adversely impacting polar bears in Canada, the Secretary shall not 
issue permits after September 30, 1996, but may review this 
determination on an annual basis.
  As I said in my statement on Monday, I am pleased with the 
centerpiece of this legislation, which is the new regime to govern 
commercial fisheries/marine mammal interactions.
  I believe the fishing industry can work within the program, and that 
the new system will also provide additional protection for marine 
mammals, with the goal of getting our fisheries to levels approaching a 
zero mortality and serious injury rate within 7 years.
  The fishing industry has incentives under this program to meet the 
goals, including the incentive that once a fishery reaches an 
insignificant serious injury and mortality level approaching a zero 
rate, it will have met its responsibility under the Act and not be 
required to further reduce its mortality and serious injury rate.

  Commercial fishing, by its nature, involves interactions with marine 
mammals, and under this new program, once fisheries have gotten down to 
insignificant levels approaching a zero rate, they will no longer face 
the burdens of the fisheries with higher rates of mortality and serious 
injury of marine mammals.
  The new program also reduces administrative burdens, including the 
elimination of the logbooks required under the current interim program, 
and by requiring the Secretary to provide simple, computer-readable, 
postage paid forms to be used by fisherman to report the incidental 
mortality or injury of marine mammals.
  As I stated on Monday, this legislation does not reduce or expand the 
Secretary's authority to regulate the taking of marine mammals by 
Alaska Natives for subsistence purposes.
  Mr. President, I would like to thank my colleagues for their support 
of this legislation.
  Mr. CHAFEE. Mr. President, I would like to direct a question on S. 
1636, as amended by the House, to my distinguished colleague, Senator 
Stevens. Section 4(a) 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 that correct?
  Mr. STEVENS. The requirements of the Endangered Species Act, 
including section 7 requirements, are not affected by this bill.
  Mr. BAUCUS. Mr. 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 would like to 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. That is correct.
  Mr. BAUCUS. I thank the Senator.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  Mr. SASSER addressed the Chair.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. SASSER. Mr. President, what is the pending business?

                          ____________________