[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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