[Congressional Record Volume 140, Number 47 (Tuesday, April 26, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
PROVIDING FOR CONCURRENCE WITH S. 1636, MARINE MAMMAL PROTECTION ACT
AMENDMENTS OF 1994
Mr. STUDDS. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 412) providing for the concurrence by the House
with an amendment in the amendment of the Senate to the amendment of
the House to S. 1636.
The Clerk read as follows:
H. Res. 412
Resolved, That upon the adoption of this resolution the
bill (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'', with the Senate amendment to the House
amendment thereto, shall be considered to have been taken
from the Speaker's table to the end that the Senate amendment
thereto be, and the same is hereby, agreed to with an
amendment as follows:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
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.
(a) References.--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.).
(b) Relationship to Other Law.--Except as otherwise
expressly provided, nothing in this Act is intended to amend,
repeal, or otherwise affect any other provision of law.
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) In General.--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
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 taking 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 3 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 a take reduction plan has
been developed or is being developed for such species or
stock.
``(ii) Upon a determination by the Secretary that the
requirements of clause (i) have been met, the Secretary shall
publish in the Federal Register a list of those fisheries for
which such determination was made, and, for vessels required
to register under section 118, shall issue an appropriate
permit for each authorization granted under such section to
vessels to which this paragraph applies. Vessels engaged in a
fishery included in the notice published by the Secretary
under this clause which are not required to register under
section 118 shall not be subject to the penalties of this Act
for the incidental taking of marine mammals to which this
paragraph applies, so long as the owner or master of such
vessel reports any incidental mortality or injury of such
marine mammals to the Secretary in accordance with section
118.
``(iii) If, during the course of the commercial fishing
season, the Secretary determines that the level of incidental
mortality or serious injury from commercial fisheries for
which a determination was made under clause (i) has resulted
or is likely to result in an impact that is more than
negligible on the endangered or threatened species or stock,
the Secretary shall use the emergency authority granted under
section 118 to protect such species or stock, and may modify
any permit granted under this paragraph as necessary.
``(iv) The Secretary may suspend for a time certain or
revoke a permit granted under this subparagraph only if the
Secretary determines that the conditions or limitations set
forth in such permit are not being 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 subparagraph 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) (16
U.S.C. 1371(b)) is amended by adding at the end the following
new sentences: ``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)
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) Taking in Defense of Self or Others.--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 any 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 adding at the end the following:
``Permits for the incidental taking of marine mammals in the
course of commercial fishing operations may only be issued as
specifically provided for in sections 101(a)(5) or 306, or
subsection (h) of this section.'';
(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 of an admission
fee.
``(B) A permit under this paragraph shall grant to the
person to which it is issued the right, without obtaining any
additional permit or authorization under this Act, to--
``(i) take, import, purchase, offer to purchase, possess,
or transport the marine mammal that is the subject of the
permit; and
``(ii) sell, export, or otherwise transfer possession of
the marine mammal, or offer to sell, export, or otherwise
transfer possession of the marine mammal--
``(I) for the purpose of public display, to a person that
meets the requirements of clauses (i), (ii), and (iii) of
subparagraph (A);
``(II) for the purpose of scientific research, to a person
that meets the requirements of paragraph (3); or
``(III) for the purpose of enhancing the survival or
recovery of a species or stock, to a person that meets the
requirements of paragraph (4).
``(C) A person to which a marine mammal is sold or exported
or to which possession of a marine mammal is otherwise
transferred under the authority of subparagraph (B) shall
have the rights and responsibilities described in
subparagraph (B) with respect to the marine mammal without
obtaining any additional permit or authorization under this
Act. Such responsibilities shall be limited to--
``(i) for the purpose of public display, the responsibility
to meet the requirements of clauses (i), (ii), and (iii) of
subparagraph (A),
``(ii) for the purpose of scientific research, the
responsibility to meet the requirements of paragraph (3), and
``(iii) for the purpose of enhancing the survival or
recovery of a species or stock, the responsibility to meet
the requirements of paragraph (4).
``(D) If the Secretary--
``(i) finds in concurrence with the Secretary of
Agriculture, that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A)(ii) and is not reasonably likely to meet
those requirements in the near future, or
``(ii) finds that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A) (i) or (iii) and is not reasonably likely to
meet those requirements in the near future,
the Secretary may revoke the permit in accordance with
section 104(e), seize the marine mammal, or cooperate with
other persons authorized to hold marine mammals under this
Act for disposition of the marine mammal. The Secretary may
recover from the person expenses incurred by the Secretary
for that seizure.
``(E) No marine mammal held pursuant to a permit issued
under subparagraph (A), or by a person exercising rights
under subparagraph (C), may be sold, purchased, exported, or
transported unless the Secretary is notified of such action
no later than 15 days before such action, and such action is
for purposes of public display, scientific research, or
enhancing the survival or recovery of a species or stock. The
Secretary may only require the notification to include the
information required for the inventory established under
paragraph (10).'';
(C) by amending paragraph (3) to read as follows:
``(3)(A) The Secretary may issue a permit under this
paragraph for scientific research purposes 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 injury to a species,
stock, or individual, or in loss of unique research
opportunities.
``(B) No permit issued for purposes of scientific research
shall authorize the lethal taking of a marine mammal unless
the applicant demonstrates that a nonlethal method of
conducting the research is not feasible. The Secretary shall
not issue a permit for research which involves the lethal
taking of a marine mammal from a species or stock that is
depleted, unless the Secretary determines that the results of
such research will directly benefit that species or stock, or
that such research fulfills a critically important research
need.
``(C) Not later than 120 days after the date of enactment
of the Marine Mammal Protection Act Amendments of 1994, the
Secretary shall issue a general authorization and
implementing regulations allowing bona fide scientific
research that may result only in taking by Level B harassment
of a marine mammal. Such authorization shall apply to persons
which submit, by 60 days before commencement of such
research, a letter of intent via certified mail to the
Secretary containing the following:
``(i) The species or stocks of marine mammals which may be
harassed.
``(ii) The geographic location of the research.
``(iii) The period of time over which the research will be
conducted.
``(iv) The purpose of the research, including a description
of how the definition of bona fide research as established
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 issue a letter to the applicant
confirming that the general authorization applies, or, if the
proposed research is likely to result in the taking
(including Level A harassment) of a marine mammal, shall
notify the applicant that subparagraph (A) applies.''; 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
but not imported 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 by the applicant.
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 the
affected population stock at a sustainable level;
``(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).
``(C)(i) The Secretary shall undertake a scientific review
of the impact of permits issued under this paragraph on the
polar bear population stocks in Canada within 2 years after
the date of enactment of this paragraph. The Secretary shall
provide an opportunity for public comment during the course
of such review, and shall include a response to such public
comment in the final report on such review.
``(ii) The Secretary shall not issue permits under this
paragraph after September 30, 1996, if the Secretary
determines, based on the scientific review, that the issuance
of permits under this paragraph is having a significant
adverse impact on the polar bear population stocks in Canada.
The Secretary may review such determination annually
thereafter, in light of the best scientific information
available, and shall complete the review not later than
January 31 in any year a review is undertaken. The Secretary
may issue permits under this paragraph whenever the Secretary
determines, on the basis of such annual review, that the
issuance of permits under this paragraph is not having a
significant adverse impact on the polar bear population
stocks in Canada.
``(6) A permit may be issued for photography for
educational or commercial purposes involving marine mammals
in the wild only to an applicant which submits with its
permit application information indicating that the taking
will be limited to Level B harassment, and the manner in
which the products of such activities will be made available
to the public.
``(7) Upon request by a person for a permit under paragraph
(2), (3), or (4) for a marine mammal which is in the
possession of any person authorized to possess it under this
Act and which is determined under guidance under section
402(a) not to be releasable to the wild, the Secretary shall
issue the permit to the person requesting the permit if that
person--
``(A) meets the requirements of clauses (i), (ii), and
(iii) of paragraph (2)(A), in the case of a request for a
permit under paragraph (2);
``(B) meets the requirements of paragraph (3), in the case
of a request for a permit under that paragraph; or
``(C) meets the requirements of paragraph (4), in the case
of a request for a permit under that paragraph.
``(8)(A) No additional permit or authorization shall be
required to possess, sell, purchase, transport, export, or
offer to sell or purchase the progeny of marine mammals taken
or imported under this subsection, if such possession, sale,
purchase, transport, export, or offer to sell or purchase
is--
``(i) for the purpose of public display, and by or to,
respectively, a person which meets the requirements of
clauses (i), (ii), and (iii) of paragraph (2)(A);
``(ii) for the purpose of scientific research, and by or
to, respectively, a person which meets the requirements of
paragraph (3); or
``(iii) for the purpose of enhancing the survival or
recovery of a species or stock, and by or to, respectively, a
person which meets the requirements of paragraph (4).
``(B)(i) A person which has a permit under paragraph (2),
or a person exercising rights under paragraph (2)(C), which
has possession of a marine mammal that gives birth to progeny
shall--
``(I) notify the Secretary of the birth of such progeny
within 30 days after the date of birth; and
``(II) notify the Secretary of the sale, purchase, or
transport of such progeny no later than 15 days before such
action.
``(ii) The Secretary may only require notification under
clause (i) to include the information required for the
inventory established under paragraph (10).
``(C) Any progeny of a marine mammal born in captivity
before the date of the enactment of the Marine Mammal
Protection Act Amendments of 1994 and held in captivity for
the purpose of public display shall be treated as though born
after that date of enactment.
``(9) No marine mammal may be exported for the purpose of
public display, scientific research, or enhancing the
survival or recovery of a species or stock unless the
receiving facility meets standards that are comparable to the
requirements that a person must meet to receive a permit
under this subsection for that purpose.
``(10) The Secretary shall establish and maintain an
inventory of all marine mammals possessed pursuant to permits
issued under paragraph (2)(A), by persons exercising rights
under paragraph (2)(C), and all progeny of such marine
mammals. The inventory shall contain, for each marine mammal,
only the following information which shall be provided by a
person holding a marine mammal under this Act:
``(A) The name of the marine mammal or other
identification.
``(B) The sex of the marine mammal.
``(C) The estimated or actual birth date of the marine
mammal.
``(D) The date of acquisition or disposition of the marine
mammal by the permit holder.
``(E) The source from whom the marine mammal was acquired
including the location of the take from the wild, if
applicable.
``(F) If the marine mammal is transferred, the name of the
recipient.
``(G) A notation if the animal was acquired as the result
of a stranding.
``(H) The date of death of the marine mammal and the cause
of death when determined.''; and
(3) in subsection (e)(1) by--
(A) striking ``or'' at the end of subparagraph (A);
(B) striking the period at the end of subparagraph (B) and
inserting ``, or''; and
(C) adding at the end the following new subparagraph:
``(C) if, in the case of a permit under subsection (c)(5)
authorizing importation of polar bear parts, the Secretary,
in consultation with the appropriate authority in Canada,
determines that the sustainability of Canada's polar bear
population stocks are being adversely affected or that sport
hunting may be having a detrimental effect on maintaining
polar bear population stocks 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 so redesignated by this
Act, is amended--
(1) in subsection (b)(1)(A)--
(A) by striking ``and'' at the end of clause (i); and
(B) by inserting at the end the following new clause:
``(iii) for care and maintenance of marine mammal seized
under section 104(c)(2)(D); and''; and
(2) in subsection (d) by inserting after ``For purposes of
carrying out this title'' the following: ``and section
104(c)(2)(D)''.
SEC. 7. REGULATIONS AND ADMINISTRATION; APPLICATION TO OTHER
TREATIES AND CONVENTIONS.
(a) Measures for Impacts on Strategic Stocks.--Section 112
(16 U.S.C. 1382) is amended by adding at the end the
following new subsection:
``(e) If the Secretary determines, based on a stock
assessment under section 117 or other significant new
information obtained under this Act, that impacts on
rookeries, mating grounds, or other areas of similar
ecological significance to marine mammals may be causing the
decline or impeding the recovery of a strategic stock, the
Secretary may develop and implement conservation or
management measures to alleviate those impacts. Such measures
shall be developed and implemented after consultation with
the Marine Mammal Commission and the appropriate Federal
agencies and after notice and opportunity for public
comment.''.
(b) International Polar Bear Conservation.--Section 113 (16
U.S.C. 1383) is amended by--
(1) designating the existing paragraph as subsection (a);
and
(2) adding at the end the following new subsections:
``(b) Not later than 1 year after the date of enactment of
the Marine Mammal Protection Act Amendments of 1994, the
Secretary of the Interior shall, in consultation with the
contracting parties, initiate a review of the effectiveness
of the Agreement on the Conservation of Polar Bears, as
provided for in Article IX of the Agreement, and establish a
process by which future reviews shall be conducted.
``(c) The Secretary of the Interior, in consultation with
the Secretary of State and the Marine Mammal Commission,
shall review the effectiveness of United States
implementation of the Agreement on the Conservation of Polar
Bears, particularly with respect to the habitat protection
mandates contained in Article II. The Secretary shall report
the results of this review to the Committee on Merchant
Marine and Fisheries of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than April 1, 1995.
``(d) Not later than 6 months after the date of enactment
of the Marine Mammal Protection Act Amendments of 1994, the
Secretary of the Interior, acting through the Secretary of
State and in consultation with the Marine Mammal Commission
and the State of Alaska, shall consult with the appropriate
officials of the Russian Federation on the development and
implementation of enhanced cooperative research and
management programs for the conservation of polar bears in
Alaska and Russia. The Secretary shall report the results of
this consultation and provide periodic progress reports on
the research and management programs to the Committee on
Merchant Marine and Fisheries of the House of Representatives
and the Committee on Commerce, Science and Transportation of
the Senate.''.
SEC. 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(f)(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) Departments of Commerce and the Interior.--Section 116
is amended to read as follows:
``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 its functions and responsibilities under this
title (other than sections 117 and 118) and title IV,
$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, $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 its functions and responsibilities
under this title, $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) Marine Mammal Commission.--Section 207 is amended to
read as follows:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Marine
Mammal Commission, for purposes of 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.''.
(c) Repeal.--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 and 1407), is repealed.
SEC. 10. STOCK ASSESSMENTS.
Title I (16 U.S.C. 1371 et seq.) is amended by adding at
the end the following new section:
``SEC. 117. STOCK ASSESSMENTS.
``(a) In General.--Not later than August 1, 1994, the
Secretary shall, 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 three 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 actual, expected, or potential impacts of habitat
destruction, including marine pollution and natural
environmental change, on specific marine mammal species or
stocks, and for strategic stocks, appropriate conservation or
management measures to alleviate any such impacts; 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 (16 U.S.C. 1371 et seq.), as amended by this Act,
is further amended by adding at the end the following new
section:
``SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL
FISHING OPERATIONS.
``(a) In General.--(1) Effective on the date of enactment
of this section, and except as provided in section 114 and in
paragraphs (2), (3), and (4) of this 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 7 years after 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 7 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), with respect to
commercial fisheries that have--
``(i) frequent incidental mortality and serious injury of
marine mammals;
``(ii) occasional incidental mortality and serious injury
of marine mammals; or
``(iii) a remote likelihood of or no known incidental
mortality or serious injury of marine mammals;
``(B) after the close of the period for such public
comment, publish in the Federal Register a revised list of
commercial fisheries and an update of information required by
subparagraph (A), together with a summary of the provisions
of this section and information sufficient to advise vessel
owners on how to obtain an authorization and otherwise comply
with the requirements of this section; and
``(C) at least once each year thereafter, and at such other
times as the Secretary considers appropriate, reexamine,
based on information gathered under this Act and other
relevant sources and after notice and opportunity for public
comment, the classification of commercial fisheries and other
determinations required under subparagraph (A) and publish in
the Federal Register any necessary changes.
``(2)(A) An authorization shall be granted by the Secretary
in accordance with this section for a vessel engaged in a
commercial fishery listed under paragraph (1)(A) (i) or (ii),
upon receipt by the Secretary of a completed registration
form providing the name of the vessel owner and operator, the
name and description of the vessel, the fisheries in which it
will be engaged, the approximate time, duration, and location
of such fishery operations, and the general type and nature
of use of the fishing gear and techniques used. Such
information shall be in a readily usable format that can be
efficiently entered into and utilized by an automated or
computerized data processing system. A decal or other
physical evidence that the authorization is current and valid
shall be issued by the Secretary at the time an authorization
is granted, and so long as the authorization remains current
and valid, shall be reissued annually thereafter.
``(B) No authorization may be granted under this section to
the owner of a vessel unless such vessel--
``(i) is a vessel of the United States; or
``(ii) has a valid fishing permit issued by the Secretary
in accordance with section 204(b) of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1824(b)).
``(C) Except as provided in subsection (a), an
authorization granted under this section shall allow the
incidental taking of all species and stocks of marine mammals
to which this Act applies.
``(3)(A) An owner of a vessel engaged in any fishery listed
under paragraph (1)(A) (i) or (ii) shall, in order to engage
in the lawful incidental taking of marine mammals in a
commercial fishery--
``(i) have registered as required under paragraph (2) with
the Secretary in order to obtain for each such vessel owned
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 exemption 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 any applicable 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 the
penalties of this title, and for violations of clause (iii)
shall be subject to a fine of not more than $100 for each
offense.
``(D) If the owner of a vessel has obtained and maintains a
current and valid authorization from the Secretary under this
section and meets the requirements set forth in this section,
including compliance with any regulations to implement a take
reduction plan under this section, the owner of such vessel,
and the master and crew members of the vessel, shall not be
subject to the penalties set forth in this title for the
incidental taking of marine mammals while such vessel is
engaged in a fishery to which the authorization applies.
``(E) Each owner of a vessel engaged in any fishery not
listed under paragraph (1)(A) (i) or (ii), and the master and
crew members of such a vessel, shall not be subject to the
penalties set forth in this title for the incidental taking
of marine mammals if such owner reports to the Secretary, in
the form and manner required under subsection (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 sections 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 by catch
of other nontarget species;
``(B) record numbers of marine mammals sighted; and
``(C) perform other scientific investigations.
``(3) In determining the distribution of observers among
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 a high level
of mortality and serious injury across a number of such
marine mammal stocks.
``(2) The immediate goal of a take reduction plan for a
strategic stock 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 for that stock under
section 117. 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 a 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 section 117(b) 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
objectives 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 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
under section 117(b) 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 take reduction 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 a 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 (6), in the case of any
stock to which paragraph (1) 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 or stock 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 sections 105 and 107, and may be subject to
section 106 as the Secretary shall establish 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 and section
101(a)(5)(E), each of the terms `fishery' and `vessel of the
United States' has the same meaning 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 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 `strategic stock' means a marine mammal
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) which 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 this Act.
``(20) 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.
``(21) The term `Regional Fishery Management Council' means
a Regional Fishery Management Council established under
section 302 of the Magnuson Fishery Conservation and
Management Act.
``(22) 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.
``(23) 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.
``(24) The term `take reduction plan' means a plan
developed under section 118.
``(25) The term `take reduction team' means a team
established under section 118.
``(26) 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.
``(27) 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) (16 U.S.C.
1375(a)(1)) is amended by inserting ``, except as provided in
section 118,'' after ``thereunder''.
(b) Criminal Penalties.--Section 105(b) (16 U.S.C. 1375(b))
is amended by inserting ``(except as provided in section
118)'' after ``thereunder''.
(c) Prohibitions.--Section 102(a) (16 U.S.C. 1372(a)) is
amended by striking ``and 114 of this title or title III''
and inserting ``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(b) of this Act.
SEC. 15. TRANSITION RULE; IMPLEMENTING REGULATIONS.
(a) Transition Rule.--Section 114(a)(1) (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 (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) Unusual Mortality Event Fund.--Section 405(a) (16
U.S.C. 1421d(a)), as so redesignated by this Act, 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, 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 (16 U.S.C. 1371 et seq.), as amended by this Act,
is further amended by adding at the end the following new
section:
``SEC. 119. MARINE MAMMAL COOPERATIVE AGREEMENTS IN ALASKA.
``(a) In General.--The Secretary may enter into cooperative
agreements with Alaska Native organizations to conserve
marine mammals and provide co-management of subsistence use
by Alaska Natives.
``(b) Grants.--Agreements entered into under this section
may include grants to Alaska Native organizations for, among
other purposes--
``(1) collecting and analyzing data on marine mammal
populations;
``(2) monitoring the harvest of marine mammals for
subsistence use;
``(3) participating in marine mammal research conducted by
the Federal Government, States, academic institutions, and
private organizations; and
``(4) developing marine mammal co-management structures
with Federal and State agencies.
``(c) Effect of Jurisdiction.--Nothing in this section is
intended or shall be construed--
``(1) as authorizing any expansion or change in the
respective jurisdiction of Federal, State, or tribal
governments over fish and wildlife resources; or
``(2) as altering in any respect the existing political or
legal status of Alaska Natives, or the governmental or
jurisdictional status of Alaska Native communities or Alaska
Native entities.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated for the purposes of carrying
out this section--
``(1) $1,500,000 to the Secretary of Commerce for each of
the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and
``(2) $1,000,000 to the Secretary of the Interior for each
of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.
The amounts authorized to be appropriated under this
subsection are in addition to the amounts authorized to be
appropriated under section 116.''.
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 workshop under this
subsection, proposed regulatory or research actions, and
recommended legislative action.
``(d)(1) The Secretary of Commerce, in consultation with
the Secretary of the Interior, the Marine Mammal Commission,
the State of Alaska, and Alaska Native organizations, shall,
not later than 180 days after the date of enactment of the
Marine Mammal Protection Act Amendments of 1994, undertake a
scientific research program to monitor the health and
stability of the Bering Sea marine ecosystem and to resolve
uncertainties concerning the causes of population declines of
marine mammals, sea birds, and other living resources of that
marine ecosystem. The program shall address the research
recommendations developed by previous workshops on Bering Sea
living marine resources, and shall include research on
subsistence uses of such resources and ways to provide for
the continued opportunity for such uses.
``(2) To the maximum extent practicable, the research
program undertaken pursuant to paragraph (1) shall be
conducted in Alaska. The Secretary of Commerce 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 200 and NS-16. Such property
shall include Pier R, the buildings known as RTC-1, RTC-4,
200, and 1874, all towers and outbuildings on that property,
and all walkways and parking areas associated with such
buildings and Pier R.
(b) Survey; Effect on Liability of Secretary of the Navy.--
The acreage and legal description of the property to be
conveyed pursuant to this section shall be determined by a
survey approved by the Secretary of the Navy. Such conveyance
shall not release the Secretary of the Navy from any
liability arising prior to, during, or after such conveyance
as a result of the ownership or occupation of the property by
the United States Navy.
(c) Use by National Oceanic and Atmospheric
Administration.--The property conveyed pursuant to this
section shall be used by the Secretary of Commerce in support
of the operations of the National Oceanic and Atmospheric
Administration.
(d) Reversion Rights.--Conveyance of the property pursuant
to this section shall be subject to the condition that all
right, title, and interest in and to the property so conveyed
shall immediately be conveyed to the public entity vested
with ownership of the remainder of the Charleston Naval Base,
if and when--
(1) continued ownership and occupation of the property by
the National Oceanic and Atmospheric Administration no longer
is compatible with the comprehensive plan for reuse of the
Charleston Naval Base developed by the community reuse
committee and approved by the Secretary of the Navy; and
(2) such public entity provides for relocation of the
programs and personnel of the National Oceanic and
Atmospheric Administration occupying such property, at no
further cost to the United States Government, to a comparable
facility, including adjacent waterfront and pier, within the
Charleston area.
SEC. 23. PACIFIC COAST TASK FORCE; GULF OF MAINE.
Title I (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; GULF OF MAINE.
``(a) Pinniped Removal Authority.--Notwithstanding any
other provision of this title, the Secretary may permit the
intentional lethal taking of pinnipeds in accordance with
this section.
``(b) Application.--(1) A State may apply to the Secretary
to authorize the intentional lethal taking 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 (16 U.S.C.
1531 et seq.);
``(B) the Secretary finds are approaching threatened
species or endangered species status (as those terms are
defined in that Act); or
``(C) migrate through the 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 taking.
``(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 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 under paragraph (1), the Pinniped-Fishery Interaction
Task Force shall--
``(A) recommend to the Secretary whether to approve or deny
the proposed intentional lethal taking 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 such
taking, criteria for evaluating the success of the action,
and the duration of the intentional lethal taking 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 intentional lethal taking, 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 intentional lethal taking 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 Pinniped-
Fishery Interaction 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
injury or impact to, 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 the
intentional lethal taking of any pinniped from a species or
stock that is--
``(1) listed as a threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(2) depleted under this Act; or
``(3) a strategic stock.
``(f) California Sea Lions and Pacific Harbor Seals;
Investigation and Report.--
``(1) The Secretary 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
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), or which the
Secretary finds are approaching such endangered species 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 House of
Representatives and the Committee on Commerce, Science, and
Transportation of the 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 amounts appropriated under section 308(c) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(c))
and allocated to the Pacific States Marine Fisheries
Commission may be used by the Commission to participate in
discussions with the Secretary under paragraph (2).
``(g) Regionwide Pinniped-Fishery Interaction Study.--
``(1) 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--
``(A) fish behavior in the presence of predators generally;
``(B) holding times and passage rates of anadromous fish
stocks in areas where such fish are vulnerable to predation;
``(C) whether additional facilities exist, or could be
reasonably developed, that could improve escapement for
anadromous fish; and
``(D) other issues the Secretary considers relevant.
``(2) 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.
``(3) The study conducted under this subsection may not be
used by the Secretary as a reason for delaying or deferring a
determination or consideration under subsection (c) or (d).
``(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 pinnipeds
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 of this section, the
Secretary shall after notice and opportunity for public
comment 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) Requirements Applicable to Task Forces.--(1) Any task
force established under this section--
``(A) shall to the maximum extent practicable, consist of
an equitable balance among representatives of resource user
interests and nonuser interests; and
``(B) shall not be subject to the Federal Advisory
Committee Act (5 App. U.S.C.).
``(2) Meetings of any task force established under this
section shall be open to the public, and prior notice of
those meetings shall be given to the public by the task force
in a timely fashion.
``(j) 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 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 required for
compliance with section 118(f)(5)(A), but in no case may such
modification extend the date of compliance beyond 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 title III'' and
inserting ``in section 118 and title IV''.
(b) Marine Mammal Health and Stranding Response.--The Act
(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) Further Amendments to Title IV.--The Act (16 U.S.C.
1361 et seq.) 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 subsection (b) of this section and the sections that are
redesignated by subsection (b) 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.''.
(d) Clerical Amendments.--The portion of the table of
contents in the first section of the Act relating to title I
is amended by adding at the end the following new items:
``Sec. 117. Stock assessments.
``Sec. 118. Taking of marine mammals incidental to commercial fishing
operations.
``Sec. 119. Marine mammal cooperative agreements in Alaska.
``Sec. 120. Pacific Coast Task Force; Gulf of Maine.''.
(e) 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).
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 May 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.
The SPEAKER pro tempore (Mr. Kreidler). Pursuant to the rule, the
gentleman from Massachusetts [Mr. Studds] will be recognized for 20
minutes, and the gentleman from Texas [Mr. Fields] will be recognized
for 20 minutes.
The Chair recognizes the gentleman from Massachusetts [Mr. Studds.].
(Mr. STUDDS asked and was given permission to revise and extend his
remarks.)
Mr. STUDDS. Mr. Speaker, S. 1636 reauthorizes the Marine Mammal
Protection Act of 1972 [MMPA]. Following more than a year of
negotiations with the fishing industry, the public display community,
the oil industry, environmental and animal welfare groups, and Alaska
Natives, on March 21 my colleagues and I brought to this floor a good
bill--a bill that focused the limited resources of the affected Federal
agencies where they are most needed, maintained the zero mortality rate
goal of the act, and provided protection for the essential habitats of
marine mammals. Most importantly, the bill enabled our fishermen to
continue fishing while still protecting whales and dolphins for future
generations to enjoy, as is clearly the wish of the American people.
That bill passed the House overwhelmingly under suspension of the
rules.
On March 22, after 24 hours of intense negotiations with our
colleagues in the other body, we returned to this floor and asked you
to consider a negotiated text. The clarifications and additional
provisions contained in that text made a good bill even better, and
again this body approved the bill under suspension of the rules.
Sadly, within 24 hours that bill was completely stalled in the Senate
for reasons which have nothing to do with marine mammals, nothing to do
with fishermen, and--quite frankly--nothing to do with the good faith
negotiations in which I, the gentleman from Texas [Mr. Fields], the
gentleman from Alaska [Mr. Young], and the rest of my colleagues have
been engaged for the past year.
For the past month, we have made every effort to resolve the concerns
of special interest groups--particularly the timber industry--who would
prevent this legislation from being enacted while they forward their
own agenda. We now again ask you consideration of this bill.
Most of the provisions of S. 1636 are unchanged from the bill passed
by this body on March 22. Let me begin by telling you what is not in
this legislation. It does not contain a hidden agenda to secretly
influence the private property battle under the Endangered Species Act.
There is not a secret attempt to shut down any industry. There is not a
change in the definition of take and there is no reference to the term
harm. There is a provision which clarifies the Secretary's existing
authority to develop and implement conservation measures when impacts
on areas of special ecological significance to marine mammals, such as
mating grounds, are so severe that the existence of a marine mammal
stock is threatened. Those conservation measures must be developed in
consultation with regional scientific review groups representing a
broad range of interests.
Mr. Speaker, let me briefly explain the most substantive change we
have made to this bill since its original passage by the House. From
the beginning of our negotiations on this legislation, one of our goals
has been to provide adequate protection for the important habitats of
marine mammals. Over the past 20 years, one lesson has been made clear:
that we cannot protect the creatures of this world without protecting
their essential habitats. For marine mammals, that translates into
protecting feeding grounds, rookeries, nursery grounds, migration paths
and the like.
Originally we had amended the definition of ``take'' in the MMPA to
include ``harm''; we then defined ``harm'' to include destruction of
significant marine mammal habitats. Unfortunately, some special
interest attorneys feared that this change in the MMPA would affect
pending litigation concerning the Endangered Species Act. While I do
not believe that a court would consider changes to the MMPA as relevant
to the ESA, others did--and it quickly became clear that we had to
change our strategy to accomplish our goal.
Consequently, we have amended section 112 of the MMPA to explicitly
require the Secretaries of Interior and Commerce to give more
consideration to the protection of marine mammal habitats. The new
language supplements the Secretary's existing authority to protect
habitats for species such as polar bears under section 112, as noted in
the Merchant Marine and Fisheries report. Since we have created a new
process under this act for assessing risks to marine mammal stocks, the
new subsection is also intended to assure that the information gained
through that process is also applied to habitat protection.
I believe that this approach accomplishes our basic goal of habitat
protection while keeping this important reauthorization legislation
clear of the litigation quagmire that has so bogged down the
reauthorization of the Endangered Species Act.
I would also like to take this opportunity to stress the concerns
that have arisen during the reauthorization process regarding west
coast populations of seals and sea lions, and to urge the National
Marine Fisheries Service to make funding for the study of these issues
a priority in the coming fiscal year.
S. 1636 represents good, responsible public policy. It deals fairly
with the concerns of fishermen from the shrimpers of Louisiana, to the
gillnetters of Massachusetts, to the factory trawlers of Alaska. The
fishing industry wants this legislation passed. The administration
wants this legislation passed. Environmental organizations want this
legislation passed. The zoos and aquariums of this country want this
legislation passed. And, as a result of the changes we have made to the
original language, the timber industry and the property rights movement
do not object to the bill.
On May 1, the MMPA exemption for commercial fishermen expires. If
this Congress does not pass a reauthorization by that date, our
fishermen face the disastrous possibility of violating the MMPA simply
by going about their business. Time is running out. Our colleagues in
the Senate are standing by, ready to act on this legislation. Let us
get it done.
Mr. Speaker, I reserve the balance of my time.
Mr. FIELDS of Texas. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FIELDS of Texas asked and was given permission to revise and
extend his remarks.)
Mr. FIELDS of Texas. Mr. Speaker, I rise in support of this
resolution which makes in order the adoption of S. 1636, a bill to
reauthorize and amend the Marine Mammal Protection Act [MMPA] of 1972.
This bill has passed the House before and our action today will send it
back to the Senate for their final approval.
The MMPA governs a variety of subjects including public display,
scientific research, subsistence use of marine mammals, and the
incidental take of marine mammals during commercial fishing operations.
During the past year, the Committee on Merchant Marine and Fisheries
has considered a variety of issues during the reauthorization process.
I say to the gentleman, ``It was a pleasure working with you, Chairman
Studds, and the other Members to draft language for the consensus
document before us today. While there may be a difference of opinion on
certain isolated provisions, S. 1636 is the result of many long hours
of hard work, determination, and compromise.''
Mr. Speaker, as you know, we face a May 1, 1994, deadline to
reauthorize the act. I believe the language outlined in the bill
governing the interaction of commercial fishing activities with marine
mammals does indeed establish a process where good science, scientific
working groups, take reduction teams, and stock assessment are all used
in rational decisionmaking rather than emotional or moral judgments.
S. 1636 also allows the importation of polar bear trophies from
Canada--a country whose polar bear population is healthy. Canada's
polar bear management program is based on science, which ensures a
sustainable polar bear population and is consistent with international
conservation agreements. The bill ensures that conservation of polar
bears worldwide is not compromised in any way.
Mr. Speaker, as author and cosponsor of these amendments, I would
like to discuss several aspects addressing the importation of polar
bear trophies from Canada. Let me first state that it is not the intent
of the language that the Secretary attempt to impose polar bear
management policy or practices on Canada through the imposition of any
polar bear import criteria. Canada is the only country which allows
polar bears to be harvested by nonresidents through a monitored and
enforced sport hunt program carried out in the Northwest Territory.
This program identifies individual management units and various polar
bear subpopulations. The term ``population stock'' as defined in the
MMPA means a group of marine mammals of the same species in a common
spatial arrangement and is used in the bill to refer to these
subpopulations and management units which reflect Canada's management
regime.
The language allows the Secretary to issue an importation permit to
an individual who submits with the permit application proof that the
polar bear was legally taken by the individual in Canada. Our intent
with this permitting provision is limited to the hunter who actually
took the polar bear and who desires to import the trophy. If an
individual who has legally taken a polar bear dies prior to the
importation, the heirs of that person's estate should be able to apply
for an importation permit, provided the necessary documentation is made
available.
The language requires the Secretary to undertake a scientific review
of the impact of permits issued under this bill on the particular polar
bear subpopulation or management unit from which the bears were taken.
This review is to be undertaken within 2 years after enactment. It
requires the Secretary to issue import permits for sport-hunted polar
bear trophies unless the best scientific evidence objectively
demonstrates that the permits that have been issued have had a
significant adverse impact on the affected polar bear subpopulation.
A significant adverse impact means more than a simple decrease,
ordinary fluctuation, or normal change in the population cycle. A
decline should not be considered significant if the decline is of short
duration, affects a minuscule percentage of the population, or does not
jeopardize the sustainability of the species in the long term. The
decrease must be proven to be directly related to the trophy imports by
sport hunters and of such a magnitude as to warrant suspension of those
imports. Even so, the issuance of permits should not be suspended
unless Canada does not reduce the harvest quota in response to this
decline.
The Secretary is further authorized to conduct an annual review of
this determination at his discretion. If the Secretary does undertake a
review, it is required that the review be completed by January 31 of
the year in which the review was undertaken. During this time, the
Secretary may not refuse to issue permits solely on the basis that the
review has not been completed by January 31. Our intent is that each
subsequent review would be based on the best scientific information
available.
Mr. Speaker, I do not object to the addition of these additional
requirements for review of Canada's polar bear management program. I
believe that when hunting is managed properly with any species, that
activity does not impact on the sustainability of that population.
Sport hunting of polar bears in Canada has been shown to be beneficial
to and instrumental in conserving the species.
Again, Mr. Speaker, it has been a pleasure having the opportunity to
work with the gentleman from Massachusetts [Mr. Studds] and the
gentleman from Alaska [Mr. Young] to ensure that our marine mammal
resources are properly managed. I support adoption and urge all Members
to vote ``aye'' on this important legislation.
Mr. Speaker, I yield such time as he may consume to my good friend,
the gentleman from Alaska [Mr. Young].
Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of this
resolution and urge its adoption by the House.
Mr. Speaker, this bill is almost identical to a bill which passed the
House nearly a month ago. Unfortunately, at that time the other body
disagreed with one of the House provisions and returned the bill to us.
Since then, we have come to agreement with the other body and it is my
understanding that what we pass today will be accepted and sent to the
President for his signature.
The issue of concern was whether the House was accidentally affecting
other laws and the resolution of pending court cases. Let me assure you
that this was not our intent. We have resolved the issue in two ways:
First, we have made clear that nothing in this bill is intended to
amend, appeal, or otherwise affect any other law; and
Second, we have added specific language giving the Secretary
authority to regulate activities affecting crucial marine mammal
habitat, but only if those activities are leading to the decline of, or
impeding the recovery of, a marine mammal that is already in danger.
Let me make clear that this is no way involving the taking of private
property. In fact, our staff was unable to come up with a single
example of where private property might exist that served as a rookery
or mating area for marine mammals. The intent is simply to have the
Secretary and users of marine areas exercise some common sense. For
example, if vessels are running over marine mammals when coming into
port, there is no reason why they shouldn't be asked to slow down when
marine mammals are present. The State of Alaska has taken the
initiative in this area by banning vessel traffic around the Round
Island Walrus Sanctuary at a time when walruses are present. There is
no reason that the Federal Government can't be equally as sensible.
Finally, Mr. Speaker, I want to remind my colleagues that we are
facing a May 1 deadline on the expiration of the current commercial
fishing exemption. I hope that my colleagues will let our commercial
fishermen keep working by not asking for a recorded vote on this
measure.
Again, Mr. Speaker, this is a good bill, one that has been worked on
by all the members of this committee. Our members and staff have put
hundreds of hours into refining this measure and I urge that it be
adopted.
I want to compliment the members of the staff; as has been mentioned
before, Mr. Moore who works for me, other members of the staff who work
so well, and especially the gentleman from Massachusetts [Mr. Studds]
and the gentleman from Texas [Mr. Fields]. This legislation has been
worked out as a compromise, and it shows what can be done in this
Congress when we work together. This is a bipartisan effort to solve a
very crucial problem that affects my State and other areas, coastal
areas, of America.
Mr. STUDDS. Mr. Speaker, I yield 1 minute to the gentlewoman from
Hawaii [Mrs. Mink].
(Mrs. MINK of Hawaii asked and was given permission to revise and
extend her remarks; and include extraneous matter.)
Mrs. MINK of Hawaii. Mr. Speaker, I rise today in strong support of
the Marine Mammal Protection Act and commend the parties for bringing
forth this renewed public policy which is so important.
Mr. Speaker, my State has the responsibility to safeguard the
presence of marine mammals, endangered species in many instances, the
humpbacked whale specifically. Recently we were advised that an under-
ocean experiment was to be conducted by Scripps Institution. We were
very concerned that the ramifications of such an experiment had not
been fully disclosed or analyzed. We were pleased to note that an EIS
will be undertaken and that the public will have further opportunities
to comment.
Mr. Speaker, were it not for the public policies established under
the Marine Mammal Protection Act and other legislation these species
would not have this kind of protection.
So, I commend the committee for coming forth with this legislation.
Mr. Speaker, by unanimous consent to include extraneous matter, I
include with my remarks the joint testimony the gentleman from Hawaii
[Mr. Abercrombie] and I presented at the hearings recently held on
Kauai on April 15, as follows:
Joint Statement on the Proposed Scripps Institution Acoustic
Thermometry of Ocean Climate (ATOC) Project Off Kauai
To the National Marine Fisheries Service: Thank you for
calling this public hearing in the State of Hawaii to hear
comments and concerns from the people of Hawaii about the
Acoustic Thermometry experiment planned off the island of
Kauai.
We were both unaware of these proposed tests until after
the public hearing on March 22, 1994 held in Silver Spring,
Md. We read about the tests from newspaper accounts after the
hearing. We then joined the Chair of the House Committee on
Natural Resources in requesting that hearings be held in
California and Hawaii before making a decision on these
permit applications.
We are dismayed to learn that federal funds have already
been expended in pursuit of this experiment, without public
notice and without preparation of an environmental
assessment.
We specifically request an explanation of how much of the
funds of this project have already been expended and for what
purpose, and under what authority.
We also request information on the permit process and why
it is that the permit application was not required early on
so that the public could have had advance information on the
plans and began an inquiry long ago to learn its precise
ramifications.
We also request an examination of the various laws that
apply in this instance to determine whether the permit
application noticed under Section 1361 is adequate under
scientific research or whether it should have been filed
under Section 1371 (a)(5) regarding incidental taking.
At this late date, we are caught by surprise and without
adequate time to investigate the various factors regarding
the efficacy, need, validity, duration and other matters in
regard to this permit application.
We believe that the National Marine Fisheries Service has a
legal responsibility under the law to protect, maintain, and
enhance living resources required by endangered species that
depend upon these marine areas to survive and propagate.
Further Section 304 of the Marine Protection, Research and
Sanctuaries Act of 1972, as amended in 1992 (16 USC 1434),
states ``Federal agency actions internal or external to a
national marine sanctuary, * * * that are likely to * * *
injure any sanctuary resource are subject to consultation
with the Secretary.''
Has this consultation occurred and has a written statement
to the Secretary been supplied within the time required?
We ask this question because we are informed that the
regulations pertaining to this section have not yet been
promulgated. In the absence of any regulations, we question
whether a permit can be issued until such consultation as
required by law has occurred and whether any permit can issue
if there are no regulations governing the process of
obtaining this consultation?
After the consultation the statute provides that if the
Secretary of Commerce finds that the federal action is likely
to cause a loss or injure a sanctuary resource, the Secretary
shall recommend reasonable and prudent alternatives which may
include taking the action elsewhere in order to protect the
sanctuary resource.
Section 306 of the Act of 1972, as amended in 1992, under
Prohibited Activities states that ``It is unlawful to
destroy, cause the loss of, or injure any sanctuary
resource''. Section 312(a)(1) of the Act of 1972, as amended,
invokes civil penalties.
Under the Endangered Species Act Section 7 requires
consultations with the ``Secretary to ensure that any action
authorized, funded, or carried out by such agency is not
likely to jeopardize the continued existence of any
endangered species or threatened species, or result in the
destruction or adverse modification of the habitat of such
species.''
Under the law entitled Hawaiian Islands National Marine
Sanctuary Act, Section 2301(7), states that the Hawaiian
stock of the endangered humpback whale, the largest of the
three North Pacific stocks, breed and calve within the waters
of the main Hawaiian Islands; and (8) the marine areas
surrounding the main Hawaiian Islands, which are essential
breeding, calving, and nursing areas for the endangered
humpback whale, are subject to damage and loss of their
ecological integrity from a variety of disturbances.
The Hawaiian Islands National Marine Sanctuary Act defines
the term ``adverse impact'' as an impact that independently
or cumulatively damages, diminishes, degrades, impairs,
destroys or otherwise harms.
Section 2304 of the Act states that it is the policy of the
United States to protect and preserve humpback whales and
their habitat within the Hawaiian islands marine environment.
The statutory enactments that we have cited require that
the federal agency seeking to alter this marine environment
which now bathes and nurtures marine life including
endangered species have the burden of proof to show that what
they propose to do will not in any way have an adverse impact
on these species.
Noise as a disturbance is of common knowledge. Merely
because it is transmitted in the deep ocean does not
necessarily mean that the noise will be mitigated. We know
that noise from low flying aircraft disturbs the whales.
Adverse reaction is not confined to physical harm such as
ruptured tympanic membranes. Adverse reaction could be
driving the whales and other species away from the site to
avoid the noise. Adverse reaction could be driving the whales
and others permanently away from the area, not just the
specific site. The noise could result in the whales leaving
the Kauai area totally.
Adverse reaction could mean that the whales behavior would
be altered. The behavior change could alter their breeding
and could even prevent calving. Do you know enough about the
behavior of these species to be certain that these adverse
reactions would not occur?
What is the need to take this risk? Why not move this
project away from the breeding grounds of the whales and
other endangered species?
We have taken the extraordinary step to declare certain of
our species as endangered. Having done that, we have a
special duty to safeguard these species from deliberate
manmade harm.
In addition to the whales, several other species are
sighted in the waters off Kauai. Four Odontocete species have
been found: Bottlenosed dolphins (Tursiops gilli), false
killer whales (Pseudorca crassidens), spinner dolphins
(Sternella Longirostris) and spotted dolphins (Stenella
attenuata). In addition there is the green sea turtle
(Chelonia Mydas) that frequents these waters between breeding
and nesting. And we have the most endangered of all, the
Hawaiian monk seal (Monachus schauinslandi) sighted on Kauai
in 1988, in 1993 and one as recently as last week.
It is not necessary that these animals be disturbed at all.
ATOC is a contradiction to the concept of conserving and
nurturing a protected species.
ATOC adds a disturbing element to the natural marine
environment which is contrary to the concepts of conservation
and preservation.
Hawaii has a special responsibility to save the whales.
Hawaii was once the whaling capital of the Pacific. We
witnessed the decimation of the whale population. Now we have
the whales returning, trusting us to protect them and their
vastly diminished numbers.
Creating a humming device placed in the deep ocean to test
the changes in ocean temperature through the measuring of the
time that sound passes through the ocean to a point as far
away as 6000 miles is an experiment which it is argued is
needed to test theories of global warming. Given the nature
of the likely minuscule recorded changes required to be taken
over a long period of time, we are talking about tests being
continued over many, many years, likely into the decades of
time. This permit ought not to be granted precipitously.
We urge the National Marine Fisheries Service to fully
study this matter until it has substantial investigations
which indicate that there is no likelihood of disturbance or
harm to this habitat.
This permit should not be issued on the basis that the
degree of impact is not known. It is precisely because the
impact is not known, that we should not proceed until we are
satisfied that no likely harm will occur.
We have been advised that the record of these hearings will
be left open until May 6th. We have also been advised that an
Environmental Impact Statement will be required, and that the
public will have 45 days after its publication to submit
comments. We specifically request that after the EIS has been
prepared in Draft form that another public hearing be held
before it becomes final.
It is extremely difficult to testify at these hearings as
members of the public not privy to information and data
available to the advocates and without the benefit of an
environmental assessment or EIS upon which to base our
comments.
Accordingly we offer these preliminary remarks in the hope
that the National Marine Fisheries Service will be advised of
our deep concern that our public responsibility is being
compromised.
{time} 1300
Mr. FIELDS of Texas. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, before yielding back the balance of my time, I would
like to echo the remarks of the gentleman from Texas [Mr. Fields] and
the gentleman from Alaska [Mr. Young]. The tranquil seas we see on the
floor now have been preceded by an occasional storm and squall of
controversy. Some of them have been quite intense, and this really is a
testimony to the extraordinary bipartisan spirit of this committee and
a very competent staff on both sides of the aisle that we can bring to
the Members the tranquillity we see before us now.
Mr. CUNNINGHAM. Mr. Speaker, I rise in strong support of House
Resolution 412. Mr. Speaker, the reauthorization of the Marine Mammal
Protection Act has been an arduous task and I would like to thank the
chairman and the ranking minority members, Mr. Fields and Mr. Young,
for their leadership and guidance throughout this process.
Since the MMPA was enacted in 1972, it has served to protect various
marine mammal populations in the wild from various human threats. The
act also safeguards marine mammals by managing human activities
affecting them in their natural habitat.
I am aware that there are many sections of this bill that address a
myriad of issues, but I would like to focus on one important portion of
this bill that deals with the regulation of and interaction of the
agencies that oversee the issue of public display. Through the years,
there has been much confusion over what role each agency should play.
Most recently, this confusion was demonstrated in October, when the
National Marine Fisheries Service issued their proposed permit
regulations.
I would like to thank the chairman and Mr. Young for clarifying the
confusion that this proposed rule caused, and for correcting the
problem between agencies. The amendments regarding public display are
intended to establish a clear public policy regarding the regulation of
activities affecting marine mammals in zoological settings. Over the
past 5 years, there has been much confusion in the zoological community
due to overlapping jurisdictions. Permits have been delayed for
unreasonable periods of time and unnecessary, burdensome, and improper
conditions have been attached to such permits.
In addressing this problem, we in committee were able to reaffirm
that the standards for the humane handling, care, treatment, and
transportation of marine mammals are established under the Animal
Welfare Act [AWA] and are developed and administered exclusively by the
Animal Plant Health Inspection Service [APHIS] within the Department of
Agriculture.
This was done to clarify that the National Marine Fisheries Service
cannot set its own standards, by regulation or by attaching to the
permits general or specific conditions relating to captive maintenance,
since the National Marine Fisheries Service has no authority to do so
under the Animal Welfare Act, and still does not have authority to do
so under the reauthorization of the MMPA.
Rather, in deciding to issue a permit to an individual or entity that
would allow them to ``take,'' that is, collect from the wild, or import
a marine mammal for purposes of public display, the only determination
that MMFS can make, from the perspective of captive maintenance, is
whether the individual or entity has an APHIS license or registration.
Possession of such a license automatically means that the licensee's
standards for the humane handling, care, treatment, and transportation
of the marine mammals to be taken and imported meet the requirements of
the Animal Welfare Act.
Section 102(a) of the act has been amended by deleting the words
``for any purpose or any way connected to the taking of marine
mammals.'' The deleted words are now replaced by the words to ``take or
import.'' In addition, the words ``and after'' in section 104(c)(1)
were deleted. The intent of these amendments is to clarify that the
conditions that the Secretary may include in a section 104(c) permit
concerning the ``supervision, care and transportation that must be
observed pursuant to such taking or importation'' only pertain to the
actual take from the wild, that is, capture and collection; or import
but not to the subsequent supervision care and transportation of marine
mammal in captivity. After the taking or importation, the standards for
the care and maintenance of the marine mammal are established by the
Animal Welfare Act and the regulations issued thereunder.
Further, this amendment clarifies that the act's prohibition with
regard to the ``take'' of marine mammals refers to the collection of
marine mammals from the wild. After a marine mammal is lawfully
collected, for example, under a section 104 permit, the Secretary does
not have the authority to regulate the subsequent captive maintenance
of the animal.
It has also been clarified the NMFS may issue, as has always been the
case, ``one-time'' permits to take or import marine mammals for
purposes of public display. These permits need not be renewed by NMFS
periodically once the marine mammal is taken or imported. They are, as
also has been the case since the original passage of the MMPA, permits
to individuals or entities in relation to the take or import of
scientific marine mammals.
Once a marine mammal is taken or imported pursuant to a permit, then
it, or its progeny will not longer require any additional permit or
authorization in order to possessed, sold or purchased, transported,
exported, or offered to be sold or purchased if the persons involved in
any subsequent transaction, meet the requirements that would be
necessary under the MMPA to obtain a permit for the purposes of public
display, or scientific research or enhancing the survival of a species
of stock.
The committee also intends by these amendments to establish the
policy that determinations made by the Secretary of Commerce with
regard to education or conservation programs are limited to whether
programs are based on professionally recognized standards of the public
display community--such as, but not limited to, standards already in
place for members of the American Zoo and Aquarium Association. The
Secretary does not have the authority under this provision to establish
any standards or regulations regarding education or conservation
programs. This amendment to the current law is consistent with the
first amendment of the Constitution which essentially prohibits the
Government from issuing ``content-based'' regulations.
The committee also believes that a person should have the same rights
with respect to the progeny of a marine mammal taken or imported under
section 106(c) as those rights granted for the take of a marine mammal
for public display. Thus, a permit for the purposes of public display
grants the possessor of the marine mammal and its progeny the right,
under certain circumstances, to subsequently purchase, offer to
purchase, possess, or transport, sell, export, or otherwise transfer
possession of the progeny, without the need to obtain any additional
permit or authorization under the MMPA.
The persons involved in any subsequent transaction must meet the
requirements that would be necessary under the MMPA to obtain a permit
for purposes of public display, scientific research, or enhancing the
survival of a species or stock.
Finally, the committee intends to establish that existing permits,
issued prior to the enactment of these amendments, are automatically
modified to be consistent with these amendments. Thus, for example, any
terms or conditions that the Secretary has incorporated into existing
permits that relate to actual public display of the marine mammals; in
the inspection of public display facilities and related records; or the
captive maintenance or the standards for the humane handling, care,
treatment, and transportation of marine mammals after they are taken or
imported pursuant to a permit to take or import for purposes of public
display; are null and void.
I believe the changes adopted in the Merchant Marine and Fisheries
Committee will clear up the confusion over public display. Aquariums
and zoos have faced substantial ambiguity in this area, but the
language before us should solve this problem.
Mr. Speaker, again, I salute Chairman Studds, Congressman Fields, and
Congressman Young for their hard work on this issue. S. 1636 is an
excellent bill, with strong bipartisan support. I urge the House to
pass it without delay.
Mr. STUDDS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Montgomery). The question is on the
motion offered by the gentleman from Massachusetts [Mr. Studds] that
the House suspend the rules and agree to the resolution, House
Resolution 412.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
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