A bill to improve the operation of the Marine Mammal Protection Act of 1972, and for other purposes.

(Measure passed House, amended)

Amends the Marine Mammal Protection Act of 1972 to revise procedures regarding the taking of marine mammals.

Repeals that section of the Act concerning "optimum carrying capacity." Redefines "depletion" and "depleted."

Exempts pure seine tuna fishing from the zero-mortality goal. Requires, in lieu of such zero-mortality goal, continuation of the best marine mammal safety techniques for tuna fishing that are economically and technologically practicable.

Directs the Secretary of the Interior (or the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating) to allow the incidental, but not intentional, taking of small numbers of marine mammals by U.S. non-tuna commercial fishermen, if: (1) the population is not depleted; (2) the total of such taking has a negligible impact on the stock; and (3) a system is established for monitoring such taking. Requires the Secretaries to withdraw such permission, if: (1) there is more than a negligible impact on the species; or (2) the Act would be better served through implementation of other provisions.

Directs the Secretaries to allow the taking of small numbers of non-depleted species by U.S. citizens who engage in specified activities (other than commercial fishing) within specified geographical areas, if: (1) the total of such taking will have a negligible impact on the species, on its habitat, and on the availability of such species for subsistence uses in Alaska; (2) regulations prescribe permissible methods of taking with the least practicable adverse impact; and (3) regulations prescribe requirements for monitoring and reporting the takings. Requires the Secretary to withdraw such permission, upon finding that such regulations are not substantially complied with or that such taking has more than a negligible impact on the species concerned.

Authorizes the Secretaries to transfer management authority for a species of marine mammal to a State if the Secretary finds that the State will implement a program for the conservation and management of the species that: (1) is consistent with the purposes and goals of the Act and with treaty obligations; (2) requires that all taking of the species be humane; (3) does not permit the taking of the species unless the State has determined that the species is at its optimum sustainable population; (4) does not permit the State to regulate the taking of the species for scientific research and public display purposes; (5) provides procedures for acquiring data on the optimum sustainable population of the species and the maximum take that would maintain the species at that level; (6) provides procedures for resolving the differences between the State and the Secretaries regarding the allocation of the allowable take; and (7) provides for the submission of an annual report to the Secretary. Requires specified standards, including public hearings, for the development of a State program. Provides special rules for the development of a program by the State of Alaska. Authorizes the Secretary to revoke, after notice and opportunity for a hearing, any transfer of management authority to a State if the Secretary finds the State program is implemented in a manner inconsistent with this Act. Allows for the voluntary return of management authority from a State to the Secretary. Requires the Secretaries to be responsible for takings in the 200-mile offshore zone.

Authorizes the Secretaries to make grants to the States of 50 percent of the cost of developing and administering management programs.

Provides that nothing in this Act shall be construed as affecting any cooperative agreement entered into by a State under the Endangered Species Act of 1973.

Authorizes the Secretaries to make grants to Federal or State agencies and public or private institutions for research into new methods of locating and catching yellow-fin tuna without the incidental taking of marine mammals.

Authorizes appropriations for the Departments of Commerce and Interior and the Marine Mammal Commission for fiscal years 1982, 1983, and 1984.