Page:United States Statutes at Large Volume 108 Part 1.djvu/583

 PUBLIC LAW 103-238—APR. 30, 1994 108 STAT. 557 nation, 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 per- Regulations. son 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 mortsJity 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. "(1) DEFINITIONS. — As used in this section and section 101(a)(5)(E), each of the terms 'fisher/ 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 msuine 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 potenticd 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

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