91 



4 



1 "(1) Effective on the date of the enactment of 



2 the Marine Mammal Protection Act Amendments of 



3 1993 and subject to subsection (d)(4), the provisions 



4 of this section shall govern the incidental taking of 



5 marine mammals in the course of commercial fishing 



6 operations by persons using vessels of the United 



7 States and vessels which have valid fishing permits 



8 issued by the Secretary in accordance with section 



9 204(b) of the Magnuson Fishery Conservation and 



10 Management Act. In any event, it shall be the imme- 



11 diate goal that the incidental kill or serious injury 



12 of marine mammals permitted in the course of com- 



13 mercial fishing operations be reduced to insignificant 



14 levels approaching zero. 



15 "(2) The provisions of the Endangered Species 



16 Act of of 1973 and section 101 of this title and not 



17 this section shall govern the incidental lethal taking 



18 of marine mammals listed as endangered under the 



19 Endangered Species Act of 1973. 



20 "(3) The provisions of title III of this Act and 



21 not this section shall govern the taking of marine 



22 mammals in the course of commercial purse seine 



23 fishing for yellowfin tuna. 



24 "(4) The provisions of the Endangered Species 



25 Act of 1973 and Public Law 99-625 and not this 



•HR 2760 IH 



