Page:United States Statutes at Large Volume 102 Part 5.djvu/749

 PUBLIC LAW 100-711—NOV. 23, 1988

Public Law 100-711 100th Congress

102 STAT. 4755

An Act

To authorize appropriations to carry out the Marine Mammal Protection Act of 1972 for fiscal years 1989 through 1993.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. That this Act may be cited as the "Marine Mammal Protection Act Amendments of 1988". INTERIM COMMERCIAL FISHERY EXEMPTION

SEC. 2. (a) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended— (1) by redesignating section 114 as section 116; and (2) by inserting immediately after section 113 the following new section: INTERIM EXEMPTION FOR COMMERCIAL FISHERIES

"SEC. 114. (a)(l) During the period beginning on the date of enactment of this section and ending October 1, 1993, except as provided in paragraph (2), the provisions of this section, rather than sections 101, 103, and 104, shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States and 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 kill or serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. "(2) The provisions of this section other than subsection (e)(6)(A) shall not govern the incidental taking of marine mammals in the course of commercial yellowfin tuna fishing subject to section 104(h)(2) of this title. "(b)(l) The Secretary shall, after consultation with the Marine Mammal Commission— "(A) publish in the Federal Register, for public comment, not later than sixty days after the date of enactment of this section a proposed list of those fisheries, along with a statement of the marine mammals and the approximate number of vessels or persons involved in each such fishery, that have— "(i) frequent incidental taking of marine mammals; "(ii) occasional incidental taking of marine mammals; or "(iii) a remote likelihood of or no known incidental taking of marine mammals; "(B) publish in the Federal Register not later than one hundred and twenty days after the date of enactment of this section a final list of the fisheries and other information required by

Nov. 23, 1988 [H.R. 4189] Marine Mammal Protection Act Amendments of 1988. 16 USC 1361 note.

16 USC 1384 note.

Business and industry. 16 USC 1383a.

Federal Register, publication.

Federal Register, publication.

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