Page:United States Statutes at Large Volume 108 Part 1.djvu/572

 108 STAT. 546 PUBLIC LAW 103-238—APR. 30, 1994 "(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). —T his 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: 16 USC 1387. "SEC. 118. TAKING OF MARINE MAMMALS INCIDENTAL TO COMMER- CIAL FISHING OPERATIONS. Effective date. "(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 tnis 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 iiyury of marine mammals occurring in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious iiyury 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 coiirse of conunercial purse seine fishing for yellowfin tima in the eastern tropical Pacific Ocean. "(4) This section shall not govern the incidental taking of CaUfomia 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 mortaUty 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 mortahty 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 mortahty and serious iixjury to insignin-

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