2000
<PRE>&lt;DOC&gt;

        S.1636

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 
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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 an
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y 
    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
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, 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 
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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 i
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njury; 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 mortal
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ity 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 t
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his 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, th
2000
e 
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.
       
2000
 ``(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
2000
 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 bet
2000
ween 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'' an
2000
d 
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 spe
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cies 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 followi
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ng:

         ``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.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.

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