89 



2 



1 SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION 



2 ACT OF 1972. 



3 Except as otherwise expressly provided, whenever in 



4 this Act an amendment or repeal is expressed in terms 



5 of an amendment to, or repeal of, a section or other provi- 



6 sion, the reference shall be considered to be made to a 



7 section or other provision of the Marine Mammal Protec- 



8 tion Act of 1972 (16 U.S.C. 1361 et seq.). 



9 SEC. 3. SMALL TAKE PROVISIONS. 



10 (a) Section 101(a)(4) (16 U.S.C. 1371(a)(4)) is 



1 1 amended to read as follows: 



12 "(4) (A) The Secretary shall allow the inciden- 



13 tal, but not the intentional, lethal taking by citizens 



14 of the United States while engaging in commercial 



15 fishing operations of small numbers of marine mam- 



16 mals listed as endangered species under the Endan- 



17 gered Species Act of 1973 if the Secretary deter- 



18 mines, after notice and opportunity for public com- 



19 ment, that the total of such taking will not exceed 



20 the potential biological removal level established for 



21 that marine mammal stock or species under section 



22 118(c). 



23 "(B) For the purposes of this paragraph, a re- 



24 quest for an authorization to incidentally lethally 



25 take marine mammals that have been listed as en- 



26 dangered species under the Endangered Species Act 



•HR 2760 IH 



