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IMPLEMENTING THE 1994 AMENDMENTS (17)
The 1994 Amendments contained many implementation deadlines. This section summarizes important deadlines for agency action and reports to Congress. Action is to be completed on or before the date specified.Deadlines for Action
6-29-94 NMFS is to establish three independent Regional Scientific Review Groups representing Alaska, the Pacific Coast (including Hawaii), and the Atlantic Coast (including the Gulf of Mexico). Nominations were requested (59 Federal Register 26479, May 20, 1994), and these groups were appointed on June 30, 1994.
7-29-94 NMFS is to publish proposed changes to the list of commercial fisheries which was in existence on March 31, 1994. NMFS published the proposed changes, along with a request for comments on the criteria used to classify fisheries (59 Federal Register 45263, September 1, 1994).(18)
8-1-94 FWS and NMFS, as appropriate, in consultation with the appropriate Regional Scientific Review Group, are to prepare a draft stock assessment for each marine mammal stock in waters under the jurisdiction of the United States. Notices of the availability of these assessments were published and public comment was invited (NMFS, 59 Federal Register 40527, August 9, 1994; FWS, 59 Federal Register 43353, August 23, 1994).
8-28-94 NMFS and FWS are to issue general authorizations and implementing regulations allowing bona Side scientific research involving Level B harassment of marine mammals.
10-27-94 NMFS, in consultation with the FWS, the MMC, and other stakeholders, are to initiate a scientific research program to monitor the health and stability of the Bering Sea ecosystem and to resolve uncertainties concerning the causes of population declines of marine mammals, sea birds, and other living marine resources within that system.(19)
10-30-94 FWS, acting through the Department of State and in consultation with the MMC and the State of Alaska, is to initiate consultation with Russian officials regarding the development and implementation of enhanced cooperative research and management programs for the conservation of polar bears in Alaska and Russia.
1-1-95 Except where other timeframes are specified, NMFS and FWS are to promulgate draft regulations to implement the 1994 Amendments.
1-28-95 NMFS and FWS are to publish final stock assessments.(20)
2-27-95 NMFS is to establish Take Reduction Teams for strategic stocks.
4-1-95 For any strategic stock for which a final stock assessment has not been published because of a hearing requested by Alaska Natives, NMFS, in consultation with the FWS as appropriate for FWS species, is to establish a Take Reduction Team for that stock.
4-30-95 NMFS is to convene a regional workshop for the Gulf of Maine to assess human-caused factors affecting ecosystem health and stability.
4-30-95 FWS is to initiate a review of the effectiveness of the Agreement on the Conservation of Polar Bears (Article IX of the Agreement) by the Parties and establish a process for conducting future reviews.
8-27-95 Take Reduction Teams are to complete draft Take Reduction Plans for "strategic" stocks where human-caused mortality and serious injury are equal to or exceed the potential biological removal (PBR) level.
9-1-95 NMFS is to have promulgated final regulations and completed implementation of the new incidental take regime for commercial fisheries.(21)
10-27-95 Where a Take Reduction Plan has been submitted, NMFS, in consultation with FWS as appropriate for FWS species, is to propose implementing regulations for public review for strategic stocks where human-caused mortality and serious injury is equal to or exceeds the PBR level.
1-27-96 Take Reduction Teams are to complete draft Take Reduction Plans for strategic stocks where human-caused takes are less than PBR level, and for non-strategic stocks.
3-24-96 NMFS is to complete final Take Reduction Plans and implementing regulations for strategic stocks for which human-caused mortality and serious injury exceed the PBR level.(22)
4-30-95 FWS is to initiate a scientific review of the impact of import permits on polar bear stocks in Canada; public comments are to be included in the final report.
5-24-96 Where a Take Reduction Team has not submitted a draft Take Reduction Plan within six months, NMFS, in consultation with FWS as appropriate for FWS species, is to prepare a Take Reduction Plan for strategic stocks where human-caused mortality and serious injury is equal to or exceeds the PBR level.
8-24-96 NMFS is to complete final Take Reduction Plans for strategic stocks where human-caused takes are less than PBR, and for non-strategic stocks.
9-30-96 FWS is to cease issuing permits for importing polar bear parts if it is determined that issuance of permits is harming polar bear stocks in Canada.
4-1-97 NMFS, in developing and implementing a Take Reduction Plan for the Gulf of Maine Harbor porpoise, may (based upon recommendation from the Take Reduction Team) modify the time period required for to reduce incidental mortality and serious injury to numbers below PBR, but not beyond April 1, 1997.
4-30-97 NMFS is to review the progress of each commercial fishery in reducing incidental mortality and serious injury of marine mammals to insignificant levels approaching a zero rate.
4-30-99 Extension of certificates of exemption with respect to pre-ESA finished scrimshaw(23) products expires.
4-30-01 The reduction of incidental mortality and serious injury of marine mammals to insignificant levels approaching a zero rate is to be achieved.
Reports to Congress
no date FWS is to report to Congress on the results of a review of the development and implementation of enhanced cooperative research and management programs for the conservation of polar bears in Alaska and Russia.(24)
4-1-95 FWS is to report to Congress on the results of a review of the effectiveness of the U.S. implementation of the Agreement on the Conservation of Polar Bears with respect to habitat protection mandates (Article II of the Agreement).
10-1-95 NMFS is to report to Congress on the results of scientific investigation of the impacts of California sea lions and Pacific harbor seals on salmonids and ecosystem stability.
12-31-95 NMFS is to report to Congress on the results of the Regional Workshop on the Gulf of Maine ecosystem, any proposals for regulatory or research actions, and any recommendations for legislative action.
4-30-96 NMFS is to report to Congress on the interactions between pinnipeds and Gulf of Maine aquaculture operations.
4-30-98 NMFS is to report to Congress on progress in reducing incidental mortality and serious injury of marine mammals to insignificant levels approaching a zero rate.
Endnotes
1. Arlene de Strulle, Master's degree candidate at New York University, researched and prepared a draft of this report.
2. For details on issues and concerns prior to congressional consideration of the MMPA, see CRS Report 93-185 ENR, The Marine Mammal Protection Act: Reauthorization Issues. For a detailed description of the enacted amendments, see U.S. Marine Mammal Commission, Analysis of the 1994 Amendments to the Marine Mammal Protection Act of 1972, June 23, 1994, 19 p.
3. The MMPA defines the term "take" to mean "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal."
4. In the process, Pub.L. 103-86 was enacted on September 30, 1993, to extend the MMPA's interim exemption for commercial fishing operations until April 1, 1994. This deadline was subsequently extended to May 1, 1994, by Pub.L. 103-228.
5. U.S. Congress. Senate. Committee on Commerce, Science, and Transportation. Marine Mammal Protection Act Amendments of 1993; report on S. 1636. Washington, U.S. Govt. Print. Off., 1994. 37 p. (103d Congress, 2nd Session. Senate Report No. 103-220.)
6. U.S. Congress. House. Committee on Merchant Marine and Fisheries. Marine Mammal Protection Act Amendments of 1994; report on H.R. 2760. Washington, U.S. Govt. Print. Off., 1994. 82 p. (103d Congress, 2nd Session. House Report No. 103-439.)
7. Appointees are to have expertise in marine mammal biology and ecology, population dynamics and modeling, commercial fishing technology and practices, and marine mammals taken by Alaska Natives.
8. PBR 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.
9. A strategic stock is any marine mammal stock: (1) for which the level of direct human-caused mortality exceeds the potential biological removal level; (2) which is declining and likely to be listed as threatened under the Endangered Species Act; or (3) which is listed as threatened or endangered under the Endangered Species Act or as depleted under the MMPA.
10. Fisheries which cause frequent or occasional incidental mortality and serious injury of marine mammals, respectively.
11. Appointees are to 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.
12. However, only a representative subset will, in all likelihood, actually be asked to carry observers.
13. NMFS has exercised authority under the Endangered Species Act to minimize damage to marine mammal habitats by setting approach standards for humpback whales in Hawaiian waters, by establishing speed limits on vessels moving into and out of port to protect right whales along the South Atlantic coast, and by restricting fishing activities near Steller sea lion rookeries in Alaska. FWS has established certain vessel speed limits to protect manatees. In addition, NMFS has used authority under the Magnuson Fishery Conservation and Management Act to close fishing areas to protect harbor porpoise and Hawaiian monk seals.
14. Not listed as threatened or endangered under the ESA, designated as depleted under the MMPA, nor identified as a strategic stock under the MMPA.
15. A definition of harassment was added to the Act differentiating between Level A, which as the potential to injure a marine mammal or stock, and Level B. which has the potential to disturb but not injure a marine mammal or stock.
16. Pre-existing waiver provisions already provided a possible mechanism for securing such authority.
17. For a more detailed description, see U.S. Marine Mammal Commission, Summary of Actions Needed to Implement the 1994 Marine Mammal Protection Act Amendments, June 6, 1994, 6 p.
18. At least once every year thereafter, NMFS must reexamine the classification of commercial fisheries and publish any changes.
19. NMFS, FWS, and the Marine Mammal Commission must also address the status and findings of the research program in their MMPA annual reports.
20. NMFS and FWS, as appropriate, must review stock assessments at least annually for strategic stocks, annually for stocks for which significant new information becomes available, and at least once every three years for all other stocks.
21. Until this date or until superseded by new regulations (whichever is earlier), NMFS has reinstated the regulations implementing the interim exemption from the general prohibition on taking marine mammals for incidental takings of marine mammals by commercial fishers (59 Federal Register 31165, June 17, 1994). The reissued regulations are identical to those that had expired.
22. NMFS or FWS meets with the Take Reduction Team every six months, or as determined, to monitor the implementation of the final Take Reduction Plan for these strategic stocks.
23. Etched, scratched, or carved marine-mammal ivory.
24. Periodic progress reports on the research and management programs must also be provided to Congress.
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