legislation: 95-hr-6970
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| 95-hr-6970 | 95 | hr | 6970 | A bill to amend the Marine Mammal Protection Act of 1972 with respect to the taking of marine mammals incidental to the course of commercial fishing operations. | Animals | 1977-05-05 | 1977-06-06 | Referred to Senate Committee on Commerce, Science, and Transportation. | House | Rep. Murphy, John M. [D-NY-17] | NY | D | M001098 | 0 | (Measure passed House, amended, roll call #295 (334-20)) Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of Commerce to issue permits for the taking of marine mammals incidental to commercial fishing operations for yellowfin tuna. Sets forth the number and kind of such mammals which may be taken for 1977. Directs the Secretary to make progressive annual reductions in such number. Directs the Secretary to refuse to issue such a permit to an individual who exceeds, by 100 percent, the permissible level of marine mammal fatalities. Permits the authorization of such an individual to fish, provided that such individual completes a suitable 30 day training program and demonstrates an improved ability to reduce porpoise mortality. Authorizes the Secretary not to deny such an individual the authority to fish if the excess in fatalities was due to unforeseeable weather conditions or unforeseeable gear failure. Directs that no permit be issued in 1978 unless the permittee pays the Secretary a special assessment of $2,000,000, and directs the permittee to collect the assessment, in an equitable manner, from the certified masters. Directs that the Secretary determine industry and individual kill factors of marine mammals for each fishing period, and stipulates that the Secretary make an incentive payment to each certified master whose individual kill factor is equal to or less than one-half of the industry's kill factor. Mandates that if an individual's kill factor exceeds the industry's kill factor, the vessel owner must pay a fee to the Secretary. Permits, until March 31, 1979, the taking of the eastern stock of spinner dolphin, despite the fact that such stock has been designated as depleted. Directs the Secretaries of State and Commerce to commence bilateral negotiations with appropriate foreign governments and within the Inter-American Tropical Tuna Commission to establish an observer program for foreign-flag vessels engaging in fishing for yellowfin tuna or porpoise. Requires the Secretary to establish and maintain a program under which observers are placed aboard fishing vessels to collect data relevant to the conservation of porpoise stocks and to observe the fishing methods and gear used in fishing for yellowfin tuna. Requires the Secretary to place such an observer aboard each fishing vessel with a carrying capacity of four hundred tons or more. Prohibits the issuance of such permit for 1978 unless the permittee agrees to provide the Secretary with a suitable vessel with which to carry out further research regarding fishing gear and methods which will reduce the incidental taking of marine mammals and the conservation of porpoise stocks. Prohibits the approval by the Secretary of any request for the transfer of a commercial fishing vessel to a foreign registry unless the transferee (1) agrees to comply with U.S. standards for the incidental taking of marine mammals, and (2) files a bond with the Secretary to insure performance of such agreement. | 2025-01-14T18:51:33Z |