Merchant Marine and Fisheries on 23 September 1988. The 

 Senate bill, S. 2810, was introduced on 20 September 1988, 

 and reported out by the Committee on Commerce, Science, and 

 Transportation on 6 October. H.R. 4189 was passed by the 

 House of Representatives on 26 September, and the Senate passed 

 S. 2810 on 14 October. To reconcile the two bills, the House 

 passed an amended H.R. 4189 on 19 October, and on 21 October 

 the Senate concurred with the House amendment. On 2 3 November 

 1988, the President signed the enrolled bill into law, 

 reauthorizing the Marine Mammal Protection Act through Fiscal 

 Year 1993. 



A discussion of the more important substantive amend- 

 ments to the Act follows. 



Interim Exemption for Commercial Fisheries 



An interim exemption from the Act's taking prohibition 

 for commercial fishermen was enacted. During the exemption 

 period, which runs until 1 October 1993, the general permit 

 and small take provisions of the Act will not govern the 

 incidental taking of marine mammals in the course of commer- 

 cial fishing operations by domestic fishermen or by foreign 

 fishermen fishing pursuant to valid permits issued under 

 section 204 of the Magnuson Fishery Conservation and Management 

 Act. Rather, the incidental take will be authorized and 

 regulated in accordance with the exemption provisions of new 

 section 114. Foreign fisheries not regulated under the Magnuson 

 Act, such as the Japanese high seas salmon fishery at issue 

 in the Kokechik case, are not included in the exemption. An 

 exception is also made for the commercial yellowfin tuna 

 purse seine fishery which will continue to operate under its 

 present general permit. 



Under the exemption provisions, commercial fishermen 

 operating in fisheries identified by the National Marine 

 Fisheries Service as frequently or occasionally taking marine 

 mammals must register with the Service and obtain an exemption 

 certificate by 21 July 1989 in order to engage lawfully in 

 that fishery. Vessel owners, masters, and crew members will 

 not be subject to penalties for the incidental take of marine 

 mammals, except for the take of California sea otters or the 

 intentional lethal take of Steller sea lions, cetaceans, or 

 marine mammals from depleted populations, if the owner has 

 obtained and maintains a current exemption. 



In order for exemptions to remain valid, vessel owners 

 are required to submit reports detailing any instances of 

 incidental taking and providing such other information as may 

 be prescribed by the National Marine Fisheries Service. In 

 addition, owners of vessels engaged in fisheries that frequently 



