[Congressional Record Volume 148, Number 133 (Thursday, October 10, 2002)]
[Senate]
[Page S10383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 3104. A bill to amend the Marine Mammal Protection Act of 1972 to 
repeal the long-term goal for reducing to zero the incidental mortality 
and serious injury of marine mammals in commercial fishing operations, 
and to modify the goal of take reduction plans for reducing such 
takings; to the Committee on Commerce, Science, and Transportation.
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3104

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

     SECTION 1. MODIFICATION OF GOALS FOR REDUCING INCIDENTAL TAKE 
                   OF MARINE MAMMALS IN COMMERCIAL FISHING.

       (a) Repeal of Zero Mortality Goal.--Section 118 of the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1387) is 
     amended by striking subsection (b), and by redesignating 
     subsections (c) through (l) in order as subsections (b) 
     through (k).
       (b) Conforming Amendments.--Such Act is further amended as 
     follows:
       (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) by striking 
     the third sentence.
       (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 
     1371(a)(5)(E)(i)(III) by striking ``subsection (d)'' and 
     inserting ``subsection (c)''.
       (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) by striking 
     ``section 118(f)(1)'' and inserting ``section 118(e)(1)''.
       (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) in 
     subparagraph (D) by striking ``, and an analysis'' and all 
     that follows through the end of the subparagraph and 
     inserting a semicolon.
       (5) In section 118 (16 U.S.C. 1387) by striking 
     ``subsection (c)(1)(A) (i)'' each place it appears and 
     inserting ``subsection (b)(1)(A) (i)''.
       (6) In section 118 (16 U.S.C. 1387) by striking 
     ``subsection (c)(1)(A)(i)'' each place it appears and 
     inserting ``subsection (b)(1)(A)(i)''.
       (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) by striking 
     the last sentence.
       (8) In section 118(b), as redesignated by this subsection 
     (16 U.S.C. 1387(c)(1)(B)), by striking ``subsection (e)'' 
     each place it appears and inserting ``subsection (d)''.
       (9) In section 118(c)(1)(B), as redesignated by this 
     subsection (16 U.S.C. 1387(d)(1)(B)), by striking 
     ``subsection (e)'' and inserting ``subsection (d)''.
       (10) In section 118(e)(9)(D), as redesignated by this 
     subsection (16 U.S.C. 1387(f)(9)(D)), by striking 
     ``subsection (d)'' and inserting ``subsection (c)''.
       (11) In section 118(f)(1), as redesignated by this 
     subsection (16 U.S.C. 1387(g)(1)), by striking ``subsection 
     (c)(1)(A)(iii)'' each place it appears and inserting 
     ``subsection (b)(1)(A)(iii)''.
       (12) In section 118(g), as redesignated by this subsection 
     (16 U.S.C. 1387(h)), by striking ``subsection (c)'' and 
     inserting ``subsection (b)''.
       (13) In section 120(j)(2) (16 U.S.C. 1389(j)(2)) by 
     striking ``118(f)(5)(A)'' and inserting ``118(e)(5)(A)''.
       (c) Modification of Goal of Take Reduction Plans.--Section 
     118(e)(2) of such Act, as redesignated by subsection (a) of 
     this section (16 U.S.C. 1387(f)(2)), is amended by striking 
     the last sentence and inserting the following: ``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 
     fishing operations taking into account the economics of the 
     fishery, the availability of existing technology, and 
     existing State and regional fishery management plans.''.
                                 ______