[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 1636 Enrolled Bill (ENR)]
<DOC>
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,

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

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(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.

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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''.

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(a) In General._Section 101(a) (16 U.S.C. 1371(a)) is amended_
(1) by amending paragraph (1) to read as follows:
``(1) Consistent with the provisions of section 104, permits
may be issued by the Secretary for taking, and importation for
purposes of scientific research, public display, photography for
educational or commercial purposes, or enhancing the survival or
recovery of a species or stock, or for importation of polar bear
parts (other than internal organs) taken in sport hunts in Canada.
Such permits, except permits issued under section 104(c)(5), may be
issued if the taking or importation proposed to be made is first
reviewed by the Marine Mammal Commission and the Committee of
Scientific Advisors on Marine Mammals established under title II.
The Commission and Committee shall recommend any proposed taking or
importation, other than importation under section 104(c)(5), which
is consistent with the purposes and policies of section 2 of this
Act. If the Secretary issues such a permit for importation, the
Secretary shall issue to the importer concerned a certificate to
that effect in such form as the Secretary of the Treasury
prescribes, and such importation may be made upon presentation of
the certificate to the customs officer concerned.'';
(2) in paragraph (2) in the first sentence, by inserting before
the period at the end the following: ``, or in lieu of such
permits, authorizations may be granted therefor under section 118,
subject to regulations prescribed under that section by the
Secretary without regard to section 103'';
(3) in paragraph (3)(B)_
(A) by inserting ``, photography for educational or
commercial purposes,'' after ``purposes''; and
(B) by inserting ``or as provided for under paragraph (5)
of this subsection,'' after ``subsection,'';
(4) by amending paragraph (4) to read as follows:
``(4)(A) Except as provided in subparagraphs (B) and (C), the
provisions of this Act shall not apply to the use of measures_
``(i) by the owner of fishing gear or catch, or an employee
or agent of such owner, to deter a marine mammal from damaging
the gear or catch;
``(ii) by the owner of other private property, or an agent,
bailee, or employee of such owner, to deter a marine mammal
from damaging private property;
``(iii) by any person, to deter a marine mammal from
endangering personal safety; or
``(iv) by a government employee, to deter a marine mammal
from damaging public property,
so long as such measures do not result in the death or serious
injury of a marine mammal.
``(B) The Secretary shall, through consultation with
appropriate experts, and after notice and opportunity for public
comment, publish in the Federal Register a list of guidelines for
use in safely deterring marine mammals. In the case of marine
mammals listed as endangered species or threatened species under
the Endangered Species Act of 1973, the Secretary shall recommend
specific measures which may be used to nonlethally deter marine
mammals. Actions to deter marine mammals consistent with such
guidelines or specific measures shall not be a violation of this
Act.
``(C) If the Secretary determines, using the best scientific
information available, that certain forms of deterrence have a
significant adverse effect on marine mammals, the Secretary may
prohibit such deterrent methods, after notice and opportunity for
public comment, through regulation under this Act.
``(D) The authority to deter marine mammals pursuant to
subparagraph (A) applies to all marine mammals, including all
stocks designated as depleted under this Act.'';
(5) in paragraph (5) by adding at the end the following new
subparagraphs:
``(D)(i) Upon request therefor by citizens of the United States
who engage in a specified activity (other than commercial fishing)
within a specific geographic region, the Secretary shall authorize,
for periods of not more than 1 year, subject to such conditions as
the Secretary may specify, the incidental, but not intentional,
taking by harassment of small numbers of marine mammals of a
species or population stock by such citizens while engaging in that
activity within that region if the Secretary finds that such
harassment during each period concerned_
``(I) will have a negligible impact on such species or
stock, and
``(II) will not have an unmitigable adverse impact on the
availability of such species or stock for taking for
subsistence uses pursuant to subsection (b), or section 109(f)
or pursuant to a cooperative agreement under section 119.
``(ii) The authorization for such activity shall prescribe,
where applicable_
``(I) permissible methods of taking by harassment pursuant
to such activity, and other means of effecting the least
practicable impact on such species or stock and its habitat,
paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such
species or stock for taking for subsistence uses pursuant to
subsection (b) or section 109(f) or pursuant to a cooperative
agreement under section 119,
``(II) the measures that the Secretary determines are
necessary to ensure no unmitigable adverse impact on the
availability of the species or stock for taking for subsistence
uses pursuant to subsection (b) or section 109(f) or pursuant
to a cooperative agreement under section 119, and
``(III) requirements pertaining to the monitoring and
reporting of such taking by harassment, including requirements
for the independent peer review of proposed monitoring plans or
other research proposals where the proposed activity may affect
the availability of a species or stock for taking for
subsistence uses pursuant to subsection (b) or section 109(f)
or pursuant to a cooperative agreement under section 119.
``(iii) The Secretary shall publish a proposed authorization
not later than 45 days after receiving an application under this
subparagraph and request public comment through notice in the
Federal Register, newspapers of general circulation, and
appropriate electronic media and to all locally affected
communities for a period of 30 days after publication. Not later
than 45 days after the close of the public comment period, if the
Secretary makes the findings set forth in clause (i), the Secretary
shall issue an authorization with appropriate conditions to meet
the requirements of clause (ii).
``(iv) The Secretary shall modify, suspend, or revoke an
authorization if the Secretary finds that the provisions of clauses
(i) or (ii) are not being met.
``(v) A person conducting an activity for which an
authorization has been granted under this subparagraph shall not be
subject to the penalties of this Act for taking by harassment that
occurs in compliance with such authorization.
``(E)(i) During any period of up to 3 consecutive years, the
Secretary shall allow the incidental, but not the intentional,
taking by persons using vessels of the United States or vessels
which have valid fishing permits issued by the Secretary in
accordance with section 204(b) of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1824(b)), while engaging in
commercial fishing operations, of marine mammals from a species or
stock designated as depleted because of its listing as an
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary,
after notice and opportunity for public comment, determines that_
``(I) the incidental mortality and serious injury from
commercial fisheries will have a negligible impact on such
species or stock;
``(II) a recovery plan has been developed or is being
developed for such species or stock pursuant to the Endangered
Species Act of 1973; and
``(III) where required under section 118, a monitoring
program is established under subsection (d) of such section,
vessels engaged in such fisheries are registered in accordance
with such section, and a take reduction plan has been developed
or is being developed for such species or stock.
``(ii) Upon a determination by the Secretary that the
requirements of clause (i) have been met, the Secretary shall
publish in the Federal Register a list of those fisheries for which
such determination was made, and, for vessels required to register
under section 118, shall issue an appropriate permit for each
authorization granted under such section to vessels to which this
paragraph applies. Vessels engaged in a fishery included in the
notice published by the Secretary under this clause which are not
required to register under section 118 shall not be subject to the
penalties of this Act for the incidental taking of marine mammals
to which this paragraph applies, so long as the owner or master of
such vessel reports any incidental mortality or injury of such
marine mammals to the Secretary in accordance with section 118.
``(iii) If, during the course of the commercial fishing season,
the Secretary determines that the level of incidental mortality or
serious injury from commercial fisheries for which a determination
was made under clause (i) has resulted or is likely to result in an
impact that is more than negligible on the endangered or threatened
species or stock, the Secretary shall use the emergency authority
granted under section 118 to protect such species or stock, and may
modify any permit granted under this paragraph as necessary.
``(iv) The Secretary may suspend for a time certain or revoke a
permit granted under this subparagraph only if the Secretary
determines that the conditions or limitations set forth in such
permit are not being complied with. The Secretary may amend or
modify, after notice and opportunity for public comment, the list
of fisheries published under clause (ii) whenever the Secretary
determines there has been a significant change in the information
or conditions used to determine such list.
``(v) Sections 103 and 104 shall not apply to the taking of
marine mammals under the authority of this subparagraph.
``(vi) This subparagraph shall not govern the incidental taking
of California sea otters and shall not be deemed to amend or repeal
the Act of November 7, 1986 (Public Law 99-625; 100 Stat. 3500).'';
and
(6) by adding at the end the following new paragraph:
``(6)(A) A marine mammal product may be imported into the
United States if the product_
``(i) was legally possessed and exported by any citizen of
the United States in conjunction with travel outside the United
States, provided that the product is imported into the United
States by the same person upon the termination of travel;
``(ii) was acquired outside of the United States as part of
a cultural exchange by an Indian, Aleut, or Eskimo residing in
Alaska; or
``(iii) is owned by a Native inhabitant of Russia, Canada,
or Greenland and is imported for noncommercial purposes in
conjunction with travel within the United States or as part of
a cultural exchange with an Indian, Aleut, or Eskimo residing
in Alaska.
``(B) For the purposes of this paragraph, the term_
``(i) `Native inhabitant of Russia, Canada, or Greenland'
means a person residing in Russia, Canada, or Greenland who is
related by blood, is a member of the same clan or ethnological
grouping, or shares a common heritage with an Indian, Aleut, or
Eskimo residing in Alaska; and
``(ii) `cultural exchange' means the sharing or exchange of
ideas, information, gifts, clothing, or handicrafts between an
Indian, Aleut, or Eskimo residing in Alaska and a Native
inhabitant of Russia, Canada, or Greenland, including rendering
of raw marine mammal parts as part of such exchange into
clothing or handicrafts through carving, painting, sewing, or
decorating.''.
(b) Actions Affecting Section 101(b)._Section 101(b) (16 U.S.C.
1371(b)) is amended by adding at the end the following new sentences:
``In promulgating any regulation or making any assessment pursuant to a
hearing or proceeding under this subsection or section 117(b)(2), or in
making any determination of depletion under this subsection or finding
regarding unmitigable adverse impacts under subsection (a)(5) that
affects stocks or persons to which this subsection applies, the
Secretary shall be responsible for demonstrating that such regulation,
assessment, determination, or finding is supported by substantial
evidence on the basis of the record as a whole. The preceding sentence
shall only be applicable in an action brought by one or more Alaska
Native organizations representing persons to which this subsection
applies.''.
(c) Taking in Defense of Self or Others._Section 101(c) (16 U.S.C.
1371(c)) is amended to read as follows:
``(c) It shall not be a violation of this Act to take a marine
mammal if such taking is imminently necessary in self-defense or to
save the life of a person in immediate danger, and such taking is
reported to the Secretary within 48 hours. The Secretary may seize and
dispose of any carcass.''.

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(a) Prohibitions._Section 102(a) (16 U.S.C. 1372(a)) is amended_
(1) in paragraph (2)(B) by striking ``for any purpose in any
way connected with the taking or importation of'' and inserting
``to take or import''; and
(2) in paragraph (4) by_
(A) striking ``or offer to purchase or sell'' and inserting
``export, or offer to purchase, sell, or export'';
(B)striking``product; and''and inserting ``product_''; and
(C) inserting after and below the text of the paragraph the
following:
``(A) that is taken in violation of this Act; or
``(B) for any purpose other than public display, scientific
research, or enhancing the survival of a species or stock as
provided for under subsection 104(c); and''.
(b) Permits._Section 104 (16 U.S.C. 1374) is amended_
(1) in subsection (a) by adding at the end the following:
``Permits for the incidental taking of marine mammals in the course
of commercial fishing operations may only be issued as specifically
provided for in sections 101(a)(5) or 306, or subsection (h) of
this section.'';
(2) in subsection (c)_
(A) in paragraph (1) in the first sentence by striking
``and after'';
(B) by amending paragraph (2) to read as follows:
``(2)(A) A permit may be issued to take or import a marine
mammal for the purpose of public display only to a person which the
Secretary determines_
``(i) offers a program for education or conservation
purposes that is based on professionally recognized standards
of the public display community;
``(ii) is registered or holds a license issued under 7
U.S.C. 2131 et seq.; and
``(iii) maintains facilities for the public display of
marine mammals that are open to the public on a regularly
scheduled basis and that access to such facilities is not
limited or restricted other than by charging of an admission
fee.
``(B) A permit under this paragraph shall grant to the person
to which it is issued the right, without obtaining any additional
permit or authorization under this Act, to_
``(i) take, import, purchase, offer to purchase, possess,
or transport the marine mammal that is the subject of the
permit; and
``(ii) sell, export, or otherwise transfer possession of
the marine mammal, or offer to sell, export, or otherwise
transfer possession of the marine mammal_
``(I) for the purpose of public display, to a person
that meets the requirements of clauses (i), (ii), and (iii)
of subparagraph (A);
``(II) for the purpose of scientific research, to a
person that meets the requirements of paragraph (3); or
``(III) for the purpose of enhancing the survival or
recovery of a species or stock, to a person that meets the
requirements of paragraph (4).
``(C) A person to which a marine mammal is sold or exported or
to which possession of a marine mammal is otherwise transferred
under the authority of subparagraph (B) shall have the rights and
responsibilities described in subparagraph (B) with respect to the
marine mammal without obtaining any additional permit or
authorization under this Act. Such responsibilities shall be
limited to_
``(i) for the purpose of public display, the responsibility
to meet the requirements of clauses (i), (ii), and (iii) of
subparagraph (A),
``(ii) for the purpose of scientific research, the
responsibility to meet the requirements of paragraph (3), and
``(iii) for the purpose of enhancing the survival or
recovery of a species or stock, the responsibility to meet the
requirements of paragraph (4).
``(D) If the Secretary_
``(i) finds in concurrence with the Secretary of
Agriculture, that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A)(ii) and is not reasonably likely to meet those
requirements in the near future, or
``(ii) finds that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A) (i) or (iii) and is not reasonably likely to
meet those requirements in the near future,
the Secretary may revoke the permit in accordance with section
104(e), seize the marine mammal, or cooperate with other persons
authorized to hold marine mammals under this Act for disposition of
the marine mammal. The Secretary may recover from the person
expenses incurred by the Secretary for that seizure.
``(E) No marine mammal held pursuant to a permit issued under
subparagraph (A), or by a person exercising rights under
subparagraph (C), may be sold, purchased, exported, or transported
unless the Secretary is notified of such action no later than 15
days before such action, and such action is for purposes of public
display, scientific research, or enhancing the survival or recovery
of a species or stock. The Secretary may only require the
notification to include the information required for the inventory
established under paragraph (10).'';
(C) by amending paragraph (3) to read as follows:
``(3)(A) The Secretary may issue a permit under this paragraph
for scientific research purposes to an applicant which submits with
its permit application information indicating that the taking is
required to further a bona fide scientific purpose. The Secretary
may issue a permit under this paragraph before the end of the
public review and comment period required under subsection (d)(2)
if delaying issuance of the permit could result in injury to a
species, stock, or individual, or in loss of unique research
opportunities.
``(B) No permit issued for purposes of scientific research
shall authorize the lethal taking of a marine mammal unless the
applicant demonstrates that a nonlethal method of conducting the
research is not feasible. The Secretary shall not issue a permit
for research which involves the lethal taking of a marine mammal
from a species or stock that is depleted, unless the Secretary
determines that the results of such research will directly benefit
that species or stock, or that such research fulfills a critically
important research need.
``(C) Not later than 120 days after the date of enactment of
the Marine Mammal Protection Act Amendments of 1994, the Secretary
shall issue a general authorization and implementing regulations
allowing bona fide scientific research that may result only in
taking by Level B harassment of a marine mammal. Such authorization
shall apply to persons which submit, by 60 days before commencement
of such research, a letter of intent via certified mail to the
Secretary containing the following:
``(i) The species or stocks of marine mammals which may be
harassed.
``(ii) The geographic location of the research.
``(iii) The period of time over which the research will be
conducted.
``(iv) The purpose of the research, including a description
of how the definition of bona fide research as established
under this Act would apply.
``(v) Methods to be used to conduct the research.
Not later than 30 days after receipt of a letter of intent to
conduct scientific research under the general authorization, the
Secretary shall issue a letter to the applicant confirming that the
general authorization applies, or, if the proposed research is
likely to result in the taking (including Level A harassment) of a
marine mammal, shall notify the applicant that subparagraph (A)
applies.''; and
(D) by adding at the end the following new paragraphs:
``(5)(A) The Secretary may issue a permit for the importation
of polar bear parts (other than internal organs) taken in sport
hunts in Canada, including polar bears taken but not imported prior
to the date of enactment of the Marine Mammal Protection Act
Amendments of 1994, to an applicant which submits with its permit
application proof that the polar bear was legally harvested in
Canada by the applicant. Such a permit shall be issued if the
Secretary, in consultation with the Marine Mammal Commission and
after notice and opportunity for public comment, finds that_
``(i) Canada has a monitored and enforced sport hunting
program consistent with the purposes of the Agreement on the
Conservation of Polar Bears;
``(ii) Canada has a sport hunting program based on
scientifically sound quotas ensuring the maintenance of the
affected population stock at a sustainable level;
``(iii) the export and subsequent import are consistent
with the provisions of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora and other
international agreements and conventions; and
``(iv) the export and subsequent import are not likely to
contribute to illegal trade in bear parts.
``(B) The Secretary shall establish and charge a reasonable fee
for permits issued under this paragraph. All fees collected under
this paragraph shall be available to the Secretary for use in
developing and implementing cooperative research and management
programs for the conservation of polar bears in Alaska and Russia
pursuant to section 113(d).
``(C)(i) The Secretary shall undertake a scientific review of
the impact of permits issued under this paragraph on the polar bear
population stocks in Canada within 2 years after the date of
enactment of this paragraph. The Secretary shall provide an
opportunity for public comment during the course of such review,
and shall include a response to such public comment in the final
report on such review.
``(ii) The Secretary shall not issue permits under this
paragraph after September 30, 1996, if the Secretary determines,
based on the scientific review, that the issuance of permits under
this paragraph is having a significant adverse impact on the polar
bear population stocks in Canada. The Secretary may review such
determination annually thereafter, in light of the best scientific
information available, and shall complete the review not later than
January 31 in any year a review is undertaken. The Secretary may
issue permits under this paragraph whenever the Secretary
determines, on the basis of such annual review, that the issuance
of permits under this paragraph is not having a significant adverse
impact on the polar bear population stocks in Canada.
``(6) A permit may be issued for photography for educational or
commercial purposes involving marine mammals in the wild only to an
applicant which submits with its permit application information
indicating that the taking will be limited to Level B harassment,
and the manner in which the products of such activities will be
made available to the public.
``(7) Upon request by a person for a permit under paragraph
(2), (3), or (4) for a marine mammal which is in the possession of
any person authorized to possess it under this Act and which is
determined under guidance under section 402(a) not to be releasable
to the wild, the Secretary shall issue the permit to the person
requesting the permit if that person_
``(A) meets the requirements of clauses (i), (ii), and
(iii) of paragraph (2)(A), in the case of a request for a
permit under paragraph (2);
``(B) meets the requirements of paragraph (3), in the case
of a request for a permit under that paragraph; or
``(C) meets the requirements of paragraph (4), in the case
of a request for a permit under that paragraph.
``(8)(A) No additional permit or authorization shall be
required to possess, sell, purchase, transport, export, or offer to
sell or purchase the progeny of marine mammals taken or imported
under this subsection, if such possession, sale, purchase,
transport, export, or offer to sell or purchase is_
``(i) for the purpose of public display, and by or to,
respectively, a person which meets the requirements of clauses
(i), (ii), and (iii) of paragraph (2)(A);
``(ii) for the purpose of scientific research, and by or
to, respectively, a person which meets the requirements of
paragraph (3); or
``(iii) for the purpose of enhancing the survival or
recovery of a species or stock, and by or to, respectively, a
person which meets the requirements of paragraph (4).
``(B)(i) A person which has a permit under paragraph (2), or a
person exercising rights under paragraph (2)(C), which has
possession of a marine mammal that gives birth to progeny shall_
``(I) notify the Secretary of the birth of such progeny
within 30 days after the date of birth; and
``(II) notify the Secretary of the sale, purchase, or
transport of such progeny no later than 15 days before such
action.
``(ii) The Secretary may only require notification under clause
(i) to include the information required for the inventory
established under paragraph (10).
``(C) Any progeny of a marine mammal born in captivity before
the date of the enactment of the Marine Mammal Protection Act
Amendments of 1994 and held in captivity for the purpose of public
display shall be treated as though born after that date of
enactment.
``(9) No marine mammal may be exported for the purpose of
public display, scientific research, or enhancing the survival or
recovery of a species or stock unless the receiving facility meets
standards that are comparable to the requirements that a person
must meet to receive a permit under this subsection for that
purpose.
``(10) The Secretary shall establish and maintain an inventory
of all marine mammals possessed pursuant to permits issued under
paragraph (2)(A), by persons exercising rights under paragraph
(2)(C), and all progeny of such marine mammals. The inventory shall
contain, for each marine mammal, only the following information
which shall be provided by a person holding a marine mammal under
this Act:
``(A) The name of the marine mammal or other
identification.
``(B) The sex of the marine mammal.
``(C) The estimated or actual birth date of the marine
mammal.
``(D) The date of acquisition or disposition of the marine
mammal by the permit holder.
``(E) The source from whom the marine mammal was acquired
including the location of the take from the wild, if
applicable.
``(F) If the marine mammal is transferred, the name of the
recipient.
``(G) A notation if the animal was acquired as the result
of a stranding.
``(H) The date of death of the marine mammal and the cause
of death when determined.''; and
(3) in subsection (e)(1) by_
(A) striking ``or'' at the end of subparagraph (A);
(B) striking the period at the end of subparagraph (B) and
inserting ``, or''; and
(C) adding at the end the following new subparagraph:
``(C) if, in the case of a permit under subsection (c)(5)
authorizing importation of polar bear parts, the Secretary, in
consultation with the appropriate authority in Canada, determines
that the sustainability of Canada's polar bear population stocks
are being adversely affected or that sport hunting may be having a
detrimental effect on maintaining polar bear population stocks
throughout their range.''.
(c) Existing Permits._Any permit issued under section 104(c)(2) of
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before
the date of the enactment of this Act is hereby modified to be
consistent with that section as amended by this Act.

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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)''.

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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.''.

d6d575d9fa1192936b6ae4c689255c39c414e1a14b8bb13787f9fe5b2cea7f24

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.''.

339f012962370a2db5a904752744f3d8c6bfcd0ba96c3f63eb8a830bae74bf74

(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.

f6ed4178026b9628fe8bfbbc8178846d0bfbea4610b84e1712fe3d34fb1dfa59

Title I (16 U.S.C. 1371 et seq.) is amended by adding at the end
the following new section:
``SEC. 117. STOCK ASSESSMENTS.
``(a) In General._Not later than August 1, 1994, the Secretary
shall, in consultation with the appropriate regional scientific review
group established under subsection (d), prepare a draft stock
assessment for each marine mammal stock which occurs in waters under
the jurisdiction of the United States. Each draft stock assessment,
based on the best scientific information available, shall_
``(1) describe the geographic range of the affected stock,
including any seasonal or temporal variation in such range;
``(2) provide for such stock the minimum population estimate,
current and maximum net productivity rates, and current population
trend, including a description of the information upon which these
are based;
``(3) estimate the annual human-caused mortality and serious
injury of the stock by source and, for a strategic stock, other
factors that may be causing a decline or impeding recovery of the
stock, including effects on marine mammal habitat and prey;
``(4) describe commercial fisheries that interact with the
stock, including_
``(A) the approximate number of vessels actively
participating in each such fishery;
``(B) the estimated level of incidental mortality and
serious injury of the stock by each such fishery on an annual
basis;
``(C) seasonal or area differences in such incidental
mortality or serious injury; and
``(D) the rate, based on the appropriate standard unit of
fishing effort, of such incidental mortality and serious
injury, and an analysis stating whether such level is
insignificant and is approaching a zero mortality and serious
injury rate;
``(5) categorize the status of the stock as one that either_
``(A) has a level of human-caused mortality and serious
injury that is not likely to cause the stock to be reduced
below its optimum sustainable population; or
``(B) is a strategic stock, with a description of the
reasons therefor; and
``(6) estimate the potential biological removal level for the
stock, describing the information used to calculate it, including
the recovery factor.
``(b) Public Comment._(1) The Secretary shall publish in the
Federal Register a notice of the availability of a draft stock
assessment or any revision thereof and provide an opportunity for
public review and comment during a period of 90 days. Such notice shall
include a summary of the assessment and a list of the sources of
information or published reports upon which the assessment is based.
``(2) Subsequent to the notice of availability required under
paragraph (1), if requested by a person to which section 101(b)
applies, the Secretary shall conduct a proceeding on the record prior
to publishing a final stock assessment or any revision thereof for any
stock subject to taking under section 101(b).
``(3) After consideration of the best scientific information
available, the advice of the appropriate regional scientific review
group established under subsection (d), and the comments of the general
public, the Secretary shall publish in the Federal Register a notice of
availability and a summary of the final stock assessment or any
revision thereof, not later than 90 days after_
``(A) the close of the public comment period on a draft stock
assessment or revision thereof; or
``(B) final action on an agency proceeding pursuant to
paragraph (2).
``(c) Review and Revision._(1) The Secretary shall review stock
assessments in accordance with this subsection_
``(A) at least annually for stocks which are specified as
strategic stocks;
``(B) at least annually for stocks for which significant new
information is available; and
``(C) at least once every 3 years for all other stocks.
``(2) If the review under paragraph (1) indicates that the status
of the stock has changed or can be more accurately determined, the
Secretary shall revise the stock assessment in accordance with
subsection (b).
``(d) Regional Scientific Review Groups._(1) Not later than 60 days
after the date of enactment of this section, the Secretary of Commerce
shall, in consultation with the Secretary of the Interior (with respect
to marine mammals under that Secretary's jurisdiction), the Marine
Mammal Commission, the Governors of affected adjacent coastal States,
regional fishery and wildlife management authorities, Alaska Native
organizations and Indian tribes, and environmental and fishery groups,
establish three independent regional scientific review groups
representing Alaska, the Pacific Coast (including Hawaii), and the
Atlantic Coast (including the Gulf of Mexico), consisting of
individuals with expertise in marine mammal biology and ecology,
population dynamics and modeling, commercial fishing technology and
practices, and stocks taken under section 101(b). The Secretary of
Commerce shall, to the maximum extent practicable, attempt to achieve a
balanced representation of viewpoints among the individuals on each
regional scientific review group. The regional scientific review groups
shall advise the Secretary on_
``(A) population estimates and the population status and trends
of such stocks;
``(B) uncertainties and research needed regarding stock
separation, abundance, or trends, and factors affecting the
distribution, size, or productivity of the stock;
``(C) uncertainties and research needed regarding the species,
number, ages, gender, and reproductive status of marine mammals;
``(D) research needed to identify modifications in fishing gear
and practices likely to reduce the incidental mortality and serious
injury of marine mammals in commercial fishing operations;
``(E) the actual, expected, or potential impacts of habitat
destruction, including marine pollution and natural environmental
change, on specific marine mammal species or stocks, and for
strategic stocks, appropriate conservation or management measures
to alleviate any such impacts; and
``(F) any other issue which the Secretary or the groups
consider appropriate.
``(2) The scientific review groups established under this
subsection shall not be subject to the Federal Advisory Committee Act
(5 App. U.S.C.).
``(3) Members of the scientific review groups shall serve without
compensation, but may be reimbursed by the Secretary, upon request, for
reasonable travel costs and expenses incurred in performing their
obligations.
``(4) The Secretary may appoint or reappoint individuals to the
regional scientific review groups under paragraph (1) as needed.
``(e) Effect on Section 101(b)._This section shall not affect or
otherwise modify the provisions of section 101(b).''.

90ec78f492d9403b7e24efeb45c3cb7fb2d56ed7076a2cb5f5ce69eb7bf43873

e0a22b7e75e6bf167a26e724f0921e2454d519130083b0855b07494d6ce8ea15

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.''.

97e6ca84c75cf2129363f3a10e9f9370aff4400742eb9533ada45d1a2df2ae27

(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''.

a932d6daf0a5898f5c386f69d37f70eb0e9847749caaa43922ee4d4b92824e5d

Nothing in this Act, including any amendments to the Marine Mammal
Protection Act of 1972 made by this Act_
(1) alters or is intended to alter any treaty between the
United States and one or more Indian tribes; or
(2) affects or otherwise modifies the provisions of section
101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371(b)), except as specifically provided in the amendment made by
section 4(b) of this Act.

4b1beea89bde66d42b9f7097709a3da884a7083af42a3a3f74e6fd92c165e74e

(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.

57c94146356ba940a1b4b85b1ee20c649712c63a9f036831de1d2a5748f4913b

(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''.

a1d12adc53d47e7d528839d7d937a08448ae249b1020a9cf257686c6c7f6f27d

(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.

1b225fe986a6bc116db7f1322ea23ed551e590cc5bc411940b5515df2011a6ba

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.

1576a66593f6b8a93338666a6e785c03a9a9434a57924fb24735feccdcbe651a

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.''.

e0d6928df7eb5155edd0247654b017f31d2e2b101163e455cd23e31b3639eb99

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.''.

981d2917c4836a0bac49a9d8c69228bda0a17e7cb63cb3cc6e3705b6bc0ac2fd

Section 308(b) of the Interjurisdictional Fisheries Act of 1986
(16 U.S.C. 4107(b)) is amended by striking ``$2,500,000 for each of the
fiscal years 1989, 1990, 1991, 1992, 1993, 1994, and 1995'' and
inserting in lieu thereof ``$65,000,000 for each of the fiscal years
1994 and 1995''.

90a5438763dc37c9cfe598ec91636fd302bf1bce48593df51f705fb866e51553

(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.

1e68da2684b344b4a9d34213070c74c8b9d85c7e199a102e8bee6b5aa2e3d937

Title I (16 U.S.C. 1371 et seq.), as amended by this Act, is
further amended by adding at the end the following new section:
``SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE.
``(a) Pinniped Removal Authority._Notwithstanding any other
provision of this title, the Secretary may permit the intentional
lethal taking of pinnipeds in accordance with this section.
``(b) Application._(1) A State may apply to the Secretary to
authorize the intentional lethal taking of individually identifiable
pinnipeds which are having a significant negative impact on the decline
or recovery of salmonid fishery stocks which_
``(A) have been listed as threatened species or endangered
species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(B) the Secretary finds are approaching threatened species or
endangered species status (as those terms are defined in that Act);
or
``(C) migrate through the Ballard Locks at Seattle, Washington.
``(2) Any such application shall include a means of identifying the
individual pinniped or pinnipeds, and shall include a detailed
description of the problem interaction and expected benefits of the
taking.
``(c) Actions in Response to Application._(1) Within 15 days of
receiving an application, the Secretary shall determine whether the
application has produced sufficient evidence to warrant establishing a
Pinniped-Fishery Interaction Task Force to address the situation
described in the application. If the Secretary determines sufficient
evidence has been provided, the Secretary shall establish a Pinniped-
Fishery Interaction Task Force and publish a notice in the Federal
Register requesting public comment on the application.
``(2) A Pinniped-Fishery Interaction Task Force established under
paragraph (1) shall consist of designated employees of the Department
of Commerce, scientists who are knowledgeable about the pinniped
interaction that the application addresses, representatives of affected
conservation and fishing community organizations, Indian Treaty tribes,
the States, and such other organizations as the Secretary deems
appropriate.
``(3) Within 60 days after establishment, and after reviewing
public comments in response to the Federal Register notice under
paragraph (1), the Pinniped-Fishery Interaction Task Force shall_
``(A) recommend to the Secretary whether to approve or deny the
proposed intentional lethal taking of the pinniped or pinnipeds,
including along with the recommendation a description of the
specific pinniped individual or individuals, the proposed location,
time, and method of such taking, criteria for evaluating the
success of the action, and the duration of the intentional lethal
taking authority; and
``(B) suggest nonlethal alternatives, if available and
practicable, including a recommended course of action.
``(4) Within 30 days after receipt of recommendations from the
Pinniped-Fishery Interaction Task Force, the Secretary shall either
approve or deny the application. If such application is approved, the
Secretary shall immediately take steps to implement the intentional
lethal taking, which shall be performed by Federal or State agencies,
or qualified individuals under contract to such agencies.
``(5) After implementation of an approved application, the
Pinniped-Fishery Interaction Task Force shall evaluate the
effectiveness of the permitted intentional lethal taking or alternative
actions implemented. If implementation was ineffective in eliminating
the problem interaction, the Task Force shall recommend additional
actions. If the implementation was effective, the Task Force shall so
advise the Secretary, and the Secretary shall disband the Task Force.
``(d) Considerations._In considering whether an application should
be approved or denied, the Pinniped-Fishery Interaction Task Force and
the Secretary shall consider_
``(1) population trends, feeding habits, the location of the
pinniped interaction, how and when the interaction occurs, and how
many individual pinnipeds are involved;
``(2) past efforts to nonlethally deter such pinnipeds, and
whether the applicant has demonstrated that no feasible and prudent
alternatives exist and that the applicant has taken all reasonable
nonlethal steps without success;
``(3) the extent to which such pinnipeds are causing undue
injury or impact to, or imbalance with, other species in the
ecosystem, including fish populations; and
``(4) the extent to which such pinnipeds are exhibiting
behavior that presents an ongoing threat to public safety.
``(e) Limitation._The Secretary shall not approve the intentional
lethal taking of any pinniped from a species or stock that is_
``(1) listed as a threatened species or endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(2) depleted under this Act; or
``(3) a strategic stock.
``(f) California Sea Lions and Pacific Harbor Seals; Investigation
and Report._
``(1) The Secretary shall engage in a scientific investigation
to determine whether California sea lions and Pacific harbor seals_
``(A) are having a significant negative impact on the
recovery of salmonid fishery stocks which have been listed as
endangered species or threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), or which the
Secretary finds are approaching such endangered species or
threatened species status; or
``(B) are having broader impacts on the coastal ecosystems
of Washington, Oregon, and California.
The Secretary shall conclude this investigation and prepare a
report on its results no later than October 1, 1995.
``(2) Upon completion of the scientific investigation required
under paragraph (1), the Secretary shall enter into discussions
with the Pacific States Marine Fisheries Commission, on behalf of
the States of Washington, Oregon, and California, for the purpose
of addressing any issues or problems identified as a result of the
scientific investigation, and to develop recommendations to address
such issues or problems. Any recommendations resulting from such
discussions shall be submitted, along with the report, to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(3) The Secretary shall make the report and the
recommendations submitted under paragraph (2) available to the
public for review and comment for a period of 90 days.
``(4) There are authorized to be appropriated to the Secretary
such sums as are necessary to carry out the provisions of this
subsection.
``(5) The amounts appropriated under section 308(c) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(c)) and
allocated to the Pacific States Marine Fisheries Commission may be
used by the Commission to participate in discussions with the
Secretary under paragraph (2).
``(g) Regionwide Pinniped-Fishery Interaction Study._
``(1) The Secretary may conduct a study, of not less than three
high predation areas in anadromous fish migration corridors within
the Northwest Region of the National Marine Fisheries Service, on
the interaction between fish and pinnipeds. In conducting the
study, the Secretary shall consult with other State and Federal
agencies with expertise in pinniped-fishery interaction. The study
shall evaluate_
``(A) fish behavior in the presence of predators generally;
``(B) holding times and passage rates of anadromous fish
stocks in areas where such fish are vulnerable to predation;
``(C) whether additional facilities exist, or could be
reasonably developed, that could improve escapement for
anadromous fish; and
``(D) other issues the Secretary considers relevant.
``(2) Subject to the availability of appropriations, the
Secretary may, not later than 18 months after the commencement of
the study under this subsection, transmit a report on the results
of the study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives.
``(3) The study conducted under this subsection may not be used
by the Secretary as a reason for delaying or deferring a
determination or consideration under subsection (c) or (d).
``(h) Gulf of Maine Task Force._The Secretary shall establish a
Pinniped-Fishery Interaction Task Force to advise the Secretary on
issues or problems regarding pinnipeds interacting in a dangerous or
damaging manner with aquaculture resources in the Gulf of Maine. No
later than 2 years from the date of enactment of this section, the
Secretary shall after notice and opportunity for public comment submit
to the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing recommended available
alternatives to mitigate such interactions.
``(i) Requirements Applicable to Task Forces._(1) Any task force
established under this section_
``(A) shall to the maximum extent practicable, consist of an
equitable balance among representatives of resource user interests
and nonuser interests; and
``(B) shall not be subject to the Federal Advisory Committee
Act (5 App. U.S.C.).
``(2) Meetings of any task force established under this section
shall be open to the public, and prior notice of those meetings shall
be given to the public by the task force in a timely fashion.
``(j) Gulf of Maine Harbor Porpoise._(1) Nothing in section 117
shall prevent the Secretary from publishing a stock assessment for Gulf
of Maine harbor porpoise in an expedited fashion.
``(2) In developing and implementing a take reduction plan under
section 118 for Gulf of Maine harbor porpoise, the Secretary shall
consider all actions already taken to reduce incidental mortality and
serious injury of such stock, and may, based on the recommendations of
the take reduction team for such stock, modify the time period required
for compliance with section 118(f)(5)(A), but in no case may such
modification extend the date of compliance beyond April 1, 1997.''.
SEC 24. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendments Relating to Definition of Secretary._
(1) Execution of prior amendments._The amendments set forth in
section 3004(b) of the Marine Mammal Health and Stranding Response
Act (106 Stat. 5067)_
(A) are deemed to have been made by that section to section
3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1362(12)); and
(B) shall not be considered to have been made by that
section to section 3(11) of that Act (16 U.S.C. 1362(11)).
(2) Further technical and conforming amendments._Section
3(12)(B) of the Marine Mammal Protection Act of 1972, as deemed by
paragraph (1)(A) of this subsection to have been amended by section
3004(b) of the Marine Mammal Health and Stranding Response Act (106
Stat. 5067), is further amended in subparagraph (B) by striking
``in title III'' and inserting ``in section 118 and title IV''.
(b) Marine Mammal Health and Stranding Response._The Act (16 U.S.C.
1361 et seq.) is amended_
(1) by redesignating title III, as added by Public Law 102-587
(106 Stat. 5060), as title IV; and
(2) by redesignating the sections of that title (16 U.S.C. 1421
through 1421h) as sections 401 through 409, respectively.
(c) Further Amendments To Title IV._The Act (16 U.S.C. 1361 et
seq.) is amended_
(1) in section 401(b)(3) (as redesignated by this section) by
striking ``304'' and inserting ``404'';
(2) in section 405(b)(1)(A)(i) (as redesignated by this
section) by striking ``304(b)'' and inserting ``404(b)'';
(3) in section 406(a)(2)(A) (as redesignated by this section)
by striking ``304(b)'' and inserting ``404(b)'';
(4) in section 406(a)(2)(B) (as redesignated by this section)
by striking ``304(c)'' and inserting ``404(c)'';
(5) in section 408(1) (as redesignated by this section)_
(A) by striking ``305'' and inserting ``405'', and
(B) by striking ``307'' and inserting ``407'';
(6) in section 408(2) (as redesignated by this section) by
striking ``307'' and inserting ``407'';
(7) in section 409(1) (as redesignated by this section) by
striking ``305(a)'' and inserting ``405(a)'';
(8) in section 409(5) (as redesignated by this section) by
striking ``307(a)'' and inserting ``407(a)'';
(9) in section 102(a) (16 U.S.C. 1372(a)) by striking ``title
III'' and inserting ``title IV'';
(10) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by striking
``title III'' and inserting ``title IV'';
(11) in section 112(c) (16 U.S.C. 1382(c)) by striking ``or
title III'' and inserting ``or title IV''; and
(12) in the table of contents in the first section, by striking
the items relating to the title that is redesignated by subsection
(b) of this section and the sections that are redesignated by
subsection (b) of this section and inserting the following:
``Title IV_Marine Mammal Health and Stranding Response
``Sec. 401. Establishment of program.
``Sec. 402. Determination; data collection and dissemination.
``Sec. 403. Stranding response agreements.
``Sec. 404. Unusual mortality event response.
``Sec. 405. Unusual mortality event activity funding.
``Sec. 406. Liability.
``Sec. 407. National Marine Mammal Tissue Bank and tissue analysis.
``Sec. 408. Authorization of appropriations.
``Sec. 409. Definitions.''.
(d) Clerical Amendments._The portion of the table of contents in
the first section of the Act relating to title I is amended by adding
at the end the following new items:
``Sec. 117. Stock assessments.
``Sec. 118. Taking of marine mammals incidental to commercial fishing
operations.
``Sec. 119. Marine mammal cooperative agreements in Alaska.
``Sec. 120. Pacific Coast Task Force; Gulf of Maine.''.
(e) Effective Date._The amendments made by subsection (a) shall be
effective as if enacted as part of section 3004 of the Marine Mammal
Health and Stranding Response Act (106 Stat. 5067).

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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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Marine Mammal Protection Act Amendments of 1994

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