
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1383a]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1383a. Interim exemption for commercial fisheries


(a) Effective and termination dates of preemptive provisions; law 
        governing incidental taking of marine mammals in course of 
        commercial yellowfin tuna fishing

    (1) During the period beginning on November 23, 1988, and until 
superseded by regulations prescribed under section 1387 of this title, 
or until September 1, 1995, whichever is earlier, except as provided in 
paragraph (2), the provisions of this section, rather than sections 
1371, 1373, and 1374 of this title, 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 
1824(b) of this title. 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) 
of this section shall not govern the incidental taking of marine mammals 
in the course of commercial yellowfin tuna fishing subject to section 
1374(h)(2) of this title.

(b) Proposed and final list of fisheries taking marine mammals; 
        publication in Federal Register; grant of exemption; conditions; 
        suspension of grant of exemption; administration of exemption 
        provisions; fees

    (1) 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 November 23, 1988, 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 November 23, 1988, a final list of the 
    fisheries and other information required by paragraph (A), together 
    with a summary of the provisions of this section and information 
    sufficient to advise vessel owners on how to obtain an exemption and 
    otherwise comply with the requirements of this section; and
        (C) at least once each year thereafter, and at such other times 
    as the Secretary considers appropriate, reexamine, based on 
    information gathered from the program established under subsections 
    (c), (d), (e), and (f) of this section, and other relevant sources 
    and after notice and opportunity for public comment, the 
    classification of fisheries and other determinations required under 
    subparagraph (A) and publish in the Federal Register any necessary 
    changes.

    (2)(A) An exemption shall be granted by the Secretary in accordance 
with this section for a vessel engaged in a fishery identified under 
paragraph (1)(A)(i) or (ii), upon receipt by the Secretary of a 
completed registration form providing the name of the vessel owner, the 
name and description of the vessel, the fisheries in which it will be 
engaged, and such other information as the Secretary considers 
necessary. A decal or other physical evidence that the exemption is 
current and valid shall be issued by the Secretary at the time an 
exemption is granted, and so long as the exemption remains current and 
valid, shall be reissued annually thereafter.
    (B) No exemption may be granted under this section to the owner of a 
vessel unless such vessel--
        (i) is a vessel of the United States; or
        (ii) has a valid fishing permit issued by the Secretary in 
    accordance with section 1824(b) of this title.

    (C) Notwithstanding any other provision of this subchapter, 
exemptions granted under this section shall authorize the incidental 
taking of marine mammals, other than California sea otters, from any 
species or stock, including a population stock designated as depleted, 
but shall not authorize the intentional lethal taking of any Steller sea 
lion, any cetacean, or any marine mammals from a population stock 
designated as depleted.
    (3)(A) Beginning two hundred and forty days after November 23, 1988, 
each owner of a vessel engaged in any fishery identified under paragraph 
(1)(A)(i) or (ii) shall, in order to engage lawfully in that fishery--
        (i) have registered with the Secretary in order to obtain for 
    each such vessel owned an exemption for the purpose of incidentally 
    taking marine mammals in accordance with this section;
        (ii) ensure that a decal or such other physical evidence of a 
    current and valid exemption as the Secretary may require is 
    displayed on or is in the possession of the master of each such 
    vessel; and
        (iii) report as required by subsection (c) of this section.

    (B) Any owner of a vessel receiving an exemption under this section 
for any fishery identified under paragraph (1)(A)(i) shall, as a 
condition of that exemption, take on board a natural resource observer 
if requested to do so by the Secretary.
    (C) An owner of a vessel engaged in a fishery identified under 
paragraph (1)(A)(i) or (ii) who--
        (i) fails to obtain from the Secretary an exemption under this 
    section;
        (ii) fails to maintain a current and valid exemption; or
        (iii) fails to ensure that a decal or other physical evidence of 
    such exemption issued by the Secretary is displayed on or is in 
    possession of the master of the vessel,

and the master of any such vessel engaged in such fishery, shall be 
deemed to have violated this subchapter, and shall be subject to the 
penalties of this subchapter except in the case of unknowing violations 
before January 1, 1990.
    (D) If the owner of a vessel has obtained and maintains a current 
and valid exemption from the Secretary under this section and meets the 
requirements set forth in this section, the owner of such vessel, and 
the master and crew members of the vessel, shall not be subject to the 
penalties set forth in this subchapter for the incidental taking of 
marine mammals while such vessel is engaged in a fishery to which the 
exemption applies.
    (E) Each owner of a vessel engaged in any fishery not identified in 
paragraph (1)(A)(i) or (ii), and the master and crew members of such a 
vessel, shall not be subject to the penalties set forth in this 
subchapter for the incidental taking of marine mammals if such owner 
reports to the Secretary, in such form and manner as the Secretary may 
require, instances of lethal incidental taking in the course of that 
fishery.
    (4) The Secretary shall suspend or revoke an exemption granted under 
this section and shall not issue a decal or other physical evidence of 
the exemption for any vessel until the owner of such vessel complies 
with the reporting requirements under subsection (c) of this section and 
such requirements to take on board a natural resource observer under 
paragraph (3)(B) as are applicable to such vessel.
    (5)(A) The Secretary shall develop, in consultation with the 
appropriate States, Regional Fishery Management Councils, and other 
interested parties, the means by which the granting and administration 
of exemptions under this section shall be integrated and coordinated, to 
the maximum extent practicable, with existing fishery licenses, 
registrations, and related programs.
    (B) The Secretary shall utilize newspapers of general circulation, 
fishery trade associations, electronic media, and other means of 
advising commercial fishermen of the provisions of this section and the 
means by which they can comply with its requirements.
    (C) The Secretary is authorized to charge a fee for the granting of 
an exemption under this subsection. The level of fees charged under this 
subparagraph shall not exceed the administrative costs incurred in 
granting an exemption. Fees collected under this subparagraph shall be 
available to the Under Secretary of Commerce for Oceans and Atmosphere 
for expenses incurred in the granting and administration of exemptions 
under this section.

(c) Compilation of information by vessel owners; contents

    The owner of each vessel holding an exemption granted under 
subsection (b) of this section shall regularly compile information which 
shall be used in a report to be submitted to the Secretary at the close 
of the fishing season or annually, as the Secretary may prescribe. Such 
report shall be submitted in such form as the Secretary may require and 
shall include the following:
        (1) the type of fishery engaged in by the owner's vessel;
        (2) the date and approximate time of any incidental taking of a 
    marine mammal, together with the area in which the incidental taking 
    occurred, the fishing gear used at the time of the incidental 
    taking, and the species of fish involved; and
        (3) for each incidental taking, the number and species of marine 
    mammals involved, whether the marine mammals were deterred from gear 
    or catch, incidentally injured, incidentally killed, or lethally 
    removed to protect gear, catch, or human life.

If there was no incidental taking of marine mammals during the reporting 
period, a report stating that fact shall be filed with the Secretary.

(d) Program for enhancement and verification of information received 
        from vessel owners; confidentiality of information

    (1) The Secretary shall establish a program to enhance the quality 
of and verify information received from reports submitted by owners of 
vessels who have been granted an exemption under subsection (b) of this 
section. The program shall include, but not be limited to--
        (A) education efforts regarding the information that must be 
    submitted;
        (B) interviews with fishermen; and
        (C) other such information gathering and verification activities 
    that will enable the Secretary to determine reliably the nature, 
    type, and extent of the incidental taking of marine mammals that 
    occurs in a fishery.

Except to the extent authorized by the provisions of subsection (e) of 
this section, the program shall not include placement of observers 
aboard exempted vessels.
    (2) Information obtained under this subsection shall be subject to 
the confidentiality provisions of subsection (j) of this section.

(e) Observers on board exempted vessels; confidentiality of information; 
        authorization of appropriations

    (1) For each fishery identified under subsection (b)(1)(A)(i) of 
this section, the Secretary shall, after consultation with the 
appropriate Regional Fishery Management Councils, other Federal and 
State agencies, and other interested parties, and subject to paragraph 
(6), place observers on board exempted vessels so as to monitor not less 
than 20 percent nor more than 35 percent of the fishing operations by 
vessels in the fishery to obtain statistically reliable information on 
the species and number of marine mammals incidentally taken in the 
fishery. If the Secretary determines that fewer than 20 percent of the 
fishing operations by vessels in the fishery will be monitored during 
the course of the fishing season, the Secretary shall implement the 
alternative observation program described in subsection (f) of this 
section to the extent necessary to supplement the observer program 
described in this subsection.
    (2) When determining the distribution of observers among fisheries 
and between vessels in a particular fishery, the Secretary shall be 
guided by the following standards:
        (A) the requirement to obtain the best scientific information 
    available;
        (B) the requirement that assignment of observers is fair and 
    equitable among fisheries and among vessels in a fishery;
        (C) consistent with paragraph (1), the requirement that no 
    individual person or vessel, or group of persons or vessels, be 
    subject to excessive or overly burdensome observer coverage; and
        (D) where practicable, the need to minimize costs and avoid 
    duplication.

    (3) If the Secretary finds that, for reasons beyond his or her 
control, the Secretary cannot assign observers to all the fisheries 
identified under subsection (b)(1)(A)(i) of this section at the level of 
observer coverage set forth in paragraph (1), the Secretary shall 
allocate available observers among such fisheries, consistent with 
paragraph (2), according to the following priority:
        (A) those fisheries that incidentally take marine mammals from 
    any population stock designated as depleted;
        (B) those fisheries that incidentally take marine mammals from 
    population stocks that the Secretary believes are declining;
        (C) those fisheries other than those described in subparagraphs 
    (A) and (B) in which the greatest incidental take of marine mammals 
    occur; and
        (D) any other fishery identified under subsection (b)(1)(A)(i) 
    of this section.

The Secretary may, with the consent of the vessel owner, station an 
observer on board a vessel engaged in a fishery not identified under 
subsection (b)(1)(A)(i) of this section.
    (4) Information gathered by observers shall be subject to the 
provisions of subsection (j) of this section. Consistent with the 
requirements of paragraph (1), the Secretary shall, if requested by the 
Appropriate \1\ Regional Fishery Management Council, or in the case of a 
State fishery, the State, require observers to collect additional 
information, including but not limited to the quantities, species, and 
physical condition of target and non-target fishery resources and, if 
requested by the Secretary of the Interior, seabirds.
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    \1\ So in original. Probably should not be capitalized.
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    (5) Notwithstanding the provisions of paragraph (4), the Secretary 
may decline to require observers to collect information described in 
such paragraph, if the Secretary finds in writing, following public 
notice and opportunity for comment, that such information will not 
contribute to the protection of marine mammals or the understanding of 
the marine ecosystem, including fishery resources and seabirds.
    (6) The Secretary shall not be required to place an observer on a 
vessel in a fishery if the Secretary finds that--
        (A) in a situation where harvesting vessels are delivering fish 
    to a processing vessel and the catch is not taken on board the 
    harvesting vessel, statistically reliable information can be 
    obtained from an observer on board the processing vessel to which 
    the fish are delivered;
        (B) the facilities of a vessel for the quartering of an 
    observer, or for carrying out observer functions, are so inadequate 
    or unsafe that the health or safety of the observer or the safe 
    operation of the vessel would be jeopardized; or
        (C) for reasons beyond the control of the Secretary, an observer 
    is not available.

    (7)(A) An observer on a vessel (or the observer's personal 
representative) under the requirements of this section or section 1374 
of this title that is ill, disabled, injured, or killed from service as 
an observer on that vessel may not bring a civil action under any law of 
the United States for that illness, disability, injury, or death against 
the vessel or vessel owner, except that a civil action may be brought 
against the vessel owner for the owner's willful misconduct.
    (B) This paragraph does not apply if the observer is engaged by the 
owner, master, or individual in charge of a vessel to perform any duties 
in service to the vessel.
    (8) There are authorized to be appropriated to the Department of 
Commerce for the purposes of carrying out this subsection not to exceed 
$2,700,000 for fiscal year 1989 and not to exceed $8,000,000 for each of 
the fiscal years 1990, 1991, 1992, and 1993.

(f) Alternative observation program

    (1) The Secretary shall establish an alternative observation program 
to provide statistically reliable information on the species and number 
of marine mammals incidentally taken in those fisheries identified 
pursuant to subsection (b)(1)(A)(i) of this section for which the 
required level of observer coverage has not been met or for any other 
fisheries about which such reliable information is not otherwise 
available. The alternative program shall include, but not be limited to, 
direct observation of fishing activities from vessels, airplanes, or 
points on shore.
    (2) Individuals engaged in the alternative observation program shall 
collect scientific information on the fisheries subject to observation, 
consistent with the requirements of paragraph (1) and subsection (e)(4) 
and (5) of this section. All information collected shall be subject to 
the provisions of subsection (j) of this section.

(g) Review of information and evaluation of effects of incidental taking 
        on population stocks of marine mammals; promulgation of 
        emergency regulations to mitigate immediate and significant 
        adverse impacts; action to mitigate non-immediate impacts

    (1) The Secretary shall review information regarding the incidental 
taking of marine mammals and evaluate the effects of such incidental 
taking on the affected population stocks of marine mammals.
    (2) If the Secretary finds, based on the information received from 
the programs established under subsections (c), (d), (e), and (f) of 
this section, that the incidental taking of marine mammals in a fishery 
is having an immediate and significant adverse impact on a marine mammal 
population stock or, in the case of Steller sea lions and North Pacific 
fur seals, that more than 1,350 and 50, respectively, will be 
incidentally killed during a calendar year, the Secretary shall consult 
with appropriate Regional Fishery Management Councils and State fishery 
managers and prescribe emergency regulations to prevent to the maximum 
extent practicable any further taking. Any emergency regulations 
prescribed under this paragraph--
        (A) shall, to the maximum extent practicable, avoid interfering 
    with existing State or regional fishery management plans;
        (B) shall be published in the Federal Register together with the 
    reasons therefor;
        (C) shall remain in effect for not more than one hundred and 
    eighty days or until the end of the fishing season, whichever is 
    earlier; and
        (D) may be terminated by the Secretary at an earlier date by 
    publication in the Federal Register of a notice of termination if 
    the Secretary determines the reasons for the emergency regulations 
    no longer exist.

In prescribing emergency regulations under this paragraph, the Secretary 
shall take into account the economics of the fishery concerned and the 
availability of existing technology to prevent or minimize incidental 
taking of marine mammals.
    (3) If the Secretary finds, based on information received from the 
programs established under subsections (c), (d), (e), and (f) of this 
section, that incidental taking of marine mammals in a fishery is not 
having an immediate and significant adverse impact on a marine mammal 
population stock but that it will likely have a significant adverse 
impact over a period of time longer than one year, the Secretary shall 
request the appropriate Regional Fishery Management Council or State to 
initiate, recommend, or take such action within its authority as it 
considers necessary to mitigate the adverse impacts, including 
adjustments to requirements on fishing times or areas or the imposition 
of restrictions on the use of vessels or gear.
    (4) The Secretary shall impose appropriate conditions and 
restrictions on an exemption granted under subsection (b) of this 
section if--
        (A) a Regional Fishery Management Council or State does not act 
    in a reasonable period of time on a request made by the Secretary 
    under paragraph (3); or
        (B) if the Secretary determines after notice and opportunity for 
    public comment that the purposes of this section would be better 
    served by such action.

(h) Information and management system for processing and analyzing 
        reports and information; accessibility to public

    The Secretary shall design and implement an information management 
system capable of processing and analyzing reports received from the 
programs established under subsections (c), (d), (e), and (f) of this 
section, and other relevant sources, including Federal and State 
enforcement authorities, marine mammal stranding networks, and the 
marine mammal researchers. The information shall be made accessible to 
the public on a continuing basis, but in any case no later than six 
months after it is received, subject to the provisions of subsection (j) 
of this section.

(i) Utilization of services of State and Federal agencies and private 
        entities

    When carrying out the Secretary's responsibilities under subsections 
(b), (d), (e), (f), and (h) of this section, the Secretary shall, to the 
maximum extent practicable, utilize the services and programs of State 
agencies, Federal agencies (including programs established by Regional 
Fishery Management Councils), marine fisheries commissions, 
universities, and private entities, on a reimbursable basis or 
otherwise. The Secretary is authorized to enter into contracts and 
agreements to carry out his or her responsibilities and shall establish 
appropriate guidelines to ensure that other programs used or contracted 
for will meet the same standards as a program established by the 
Secretary. A person contracting with the Secretary to provide observer 
services under subsection (e) of this section must provide evidence of 
financial responsibility in an amount and form prescribed by the 
Secretary to compensate employees (or their survivors) adequately for 
any illness, disability, injury, or death from service on a vessel.

(j) Confidentiality of information; exceptions

    (1) Any information collected under subsection (c), (d), (e), (f), 
or (h) of this section shall be confidential and shall not be disclosed 
except--
        (A) to Federal employees whose duties require access to such 
    information;
        (B) to State employees pursuant to an agreement with the 
    Secretary that prevents public disclosure of the identity or 
    business of any person;
        (C) when required by court order; or
        (D) in the case of scientific information involving fisheries, 
    to employees of Regional Fishery Management Councils who are 
    responsible for fishery management plan development and monitoring.

    (2) The Secretary shall prescribe such procedures as may be 
necessary to preserve such confidentiality, except that the Secretary 
shall release or make public any such information in aggregate, summary, 
or other form which does not directly or indirectly disclose the 
identity or business of any person.

(k) Regulations

    The Secretary, in consultation with any other Federal agency to the 
extent that such agency may be affected, shall prescribe such 
regulations as necessary and appropriate to carry out the purposes of 
this section.

(l) Suggested regime governing incidental taking of marine mammals 
        following termination of interim exemptions

    (1) The Chairman of the Marine Mammal Commission shall, after 
consultation with interested parties and not later than February 1, 
1990, transmit to the Secretary and make available to the public 
recommended guidelines to govern the incidental taking of marine mammals 
in the course of commercial fishing operations, other than those subject 
to section 1374(h)(2) of this title, after October 1, 1993. Such 
guidelines shall be developed by the Commission and its Committee of 
Scientific Advisers on Marine Mammals and shall--
        (A) be designed to provide a scientific rationale and basis for 
    determining how many marine mammals may be incidentally taken under 
    a regime to be adopted to govern such taking after October 1, 1993;
        (B) be based on sound principles of wildlife management, and be 
    consistent with and in furtherance of the purposes and policies set 
    forth in this chapter; and
        (C) to the maximum extent practicable, include as factors to be 
    considered and utilized in determining permissible levels of such 
    taking--
            (i) the status and trends of the affected marine mammal 
        population stocks;
            (ii) the abundance and annual net recruitment of such 
        stocks;
            (iii) the level of confidence in the knowledge of the 
        affected stocks; and
            (iv) the extent to which incidental taking will likely cause 
        or contribute to their decline or prevent their recovery to 
        optimum sustainable population levels.

    (2) The Secretary shall advise the Chairman of the Commission in 
writing if the Secretary determines that any additional information or 
explanation of the Chairman's recommendations is needed, and the 
Chairman shall respond in writing to any such request by the Secretary.
    (3) On or before February 1, 1991, the Secretary, after consultation 
with the Marine Mammal Commission, Regional Fishery Management Councils, 
and other interested governmental and nongovernmental organizations, 
shall publish in the Federal Register, for public comment, the suggested 
regime that the Secretary considers should, if authorized by enactment 
of any additional legislation, govern incidental taking of marine 
mammals, other than those subject to section 1374(h)(2) of this title, 
after October 1, 1993. The suggested regime shall include--
        (A) the scientific guidelines to be used in determining 
    permissible levels of incidental taking;
        (B) a description of the arrangements for consultation and 
    cooperation with other Federal agencies, the appropriate Regional 
    Fishery Management Councils and States, the commercial fishing 
    industry, and conservation organizations; and
        (C) a summary of such regulations and legislation as would be 
    necessary to implement the suggested regime.

    (4) On or before January 1, 1992, the Secretary, after consultation 
with the Marine Mammal Commission, and consideration of public comment, 
shall transmit to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Merchant Marine and Fisheries of the 
House of Representatives recommendations pertaining to the incidental 
taking of marine mammals, other than those subject to section 1374(h)(2) 
of this title, after October 1, 1993. The recommendations shall 
include--
        (A) the suggested regime developed under paragraph (3) of this 
    subsection as modified after comment and consultations;
        (B) a proposed schedule for implementing the suggested regime; 
    and
        (C) such recommendations for additional legislation as the 
    Secretary considers necessary or desirable to implement the 
    suggested regime.

(m) 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 
subchapter.

(n) Owner of fixed commercial fishing gear deemed owner of vessel 
        engaged in fishery in which gear deployed

    For the purposes of this section, the owner of fixed or other 
commercial fishing gear that is deployed with or without the use of a 
vessel shall be deemed to be an owner of a vessel engaged in the fishery 
in which that gear is deployed.

(o) Definitions

    As used in this section--
        (1) the term ``fishery'' has the same meaning as it does in 
    section 1802(8) \2\ of this title.
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    \2\ See References in Text note below.
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        (2) the term ``Secretary'' means the Secretary of Commerce.
        (3) the term ``vessel engaged in a fishery'' means a fishing 
    vessel as defined in section 2101(11a) of title 46 or a fish 
    processing vessel as defined in section 2101(11b) of that title, 
    which is engaged in fishery.
        (4) the term ``vessel of the United States'' has the same 
    meaning as it does in section 1802(27) \2\ of this title.

(Pub. L. 92-522, title I, Sec. 114, as added Pub. L. 100-711, 
Sec. 2(a)(2), Nov. 23, 1988, 102 Stat. 4755; amended Pub. L. 103-86, 
Sept. 30, 1993, 107 Stat. 930; Pub. L. 103-228, Mar. 31, 1994, 108 Stat. 
281; Pub. L. 103-238, Sec. 15(a), Apr. 30, 1994, 108 Stat. 559; Pub. L. 
104-43, title IV, Sec. 404(a)(1), Nov. 3, 1995, 109 Stat. 390; Pub. L. 
104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 
1996, 110 Stat. 3009, 3009-41.)

                       References in Text

    Section 1802 of this title, referred to in subsec. (o)(1), (4), was 
subsequently amended, and section 1802(8) and (27) no longer defines the 
terms ``fishery'' and ``vessel of the United States''. However, such 
terms are defined elsewhere in that section.


                               Amendments

    1996--Subsecs. (a)(1), (b)(2)(B)(ii), (o)(1), (4). Pub. L. 104-208 
made technical amendment to references in original act which appear in 
text as references to sections 1802(8), (27) and 1824(b) of this title.
    1995--Pub. L. 104-43 amended directory language of Pub. L. 103-238. 
See 1994 Amendment note below.
    1994--Subsec. (a)(1). Pub. L. 103-238, as amended by Pub. L. 104-43, 
substituted ``until superseded by regulations prescribed under section 
1387 of this title, or until September 1, 1995, whichever is earlier,'' 
for ``ending May 1, 1994.''
    Pub. L. 103-228 substituted ``May 1, 1994.'' for ``April 1, 1994,''.
    1993--Subsec. (a)(1). Pub. L. 103-86 substituted ``April 1, 1994'' 
for ``October 1, 1993''.


                    Effective Date of 1996 Amendment

    Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208 
provided that the amendment made by that section is effective 15 days 
after Oct. 11, 1996.


                    Effective Date of 1995 Amendment

    Section 404(a)(2) of Pub. L. 104-43 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall be effective on and 
after April 30, 1994.''

      Abolition of House Committee on Merchant Marine and Fisheries

    Committee on Merchant Marine and Fisheries of House of 
Representatives abolished and its jurisdiction transferred by House 
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee 
on Merchant Marine and Fisheries of House of Representatives treated as 
referring to Committee on Resources of House of Representatives in case 
of provisions relating to fisheries, wildlife, international fishing 
agreements, marine affairs (including coastal zone management) except 
for measures relating to oil and other pollution of navigable waters, or 
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 1372, 1384, 1387 of this 
title.
