1. Amendments to Marine Mammal Protection Act of 1972

(a) Definitions - Section 3 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended—

(1) in paragraph (18)—

(A) in subparagraph (A)—

(i) in clause (i), by striking "has the potential to injure" and inserting "injures"; and

(ii) in clause (ii), by striking "has the potential to disturb" and inserting "disturbs"; and

(B) in subparagraph (B)—

(i) in clause (i), by striking "or has the significant potential to injure"; and

(ii) in clause (ii), by striking "or is likely to disturb"; and

(2) by adding at the end the following:

(30) The term "negligible impact" means an impact that is not reasonably likely to significantly and adversely affect the applicable species or stock through an effect on the annual rate of survival of the applicable species or stock.

(b) Moratorium on taking and importing marine mammals and marine mammal products - Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended—

(1) in subparagraph (A)—

(A) in clause (i)—

(i) by striking ", during periods of not more than five consecutive years each,";

(ii) by striking "small numbers of";

(iii) in subclause (I), by striking "during each five-year (or less) period concerned"; and

(iv) in subclause (II)—

(I) by inserting "—" after "setting forth";

(II) in item (aa)—

(aa) by striking "permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact" and inserting "as the Secretary determines appropriate, practicable and economically feasible conditions to be implemented by the citizens engaged in the activity to minimize the impact of such taking"; and

(bb) by striking "and" at the end;

(III) in item (bb), to read as follows:

(bb) efficient and practicable requirements pertaining to the—

(AA) monitoring of such taking while the activity is being engaged in; and

(BB) reporting of such taking; and

(IV) by adding at the end the following:

(cc) that any condition or requirement imposed pursuant to item (aa) or (bb), respectively, shall not alter the basic design, location, scope, duration, or timing of the activity.

(B) by striking clause (ii);

(C) in clause (iii), by striking "of ""least practicable adverse impact on such species or stock"; and

(D) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively;

(2) in subparagraph (D)—

(A) in clause (i), by striking "small numbers of"; and

(B) in clause (ii)—

(i) in subclause (I)—

(I) by striking "permissible methods of taking by harassment pursuant to such activity, and other means of effecting the least practicable impact" and inserting "as the Secretary determines appropriate, practicable and economically feasible conditions to be implemented by the citizens engaged in the activity to minimize the impact of such taking by harassment"; and

(II) by striking the comma at the end and inserting a semicolon;

(ii) in subclause (II), by striking ", and" and inserting a semicolon;

(iii) in subclause (III)—

(I) by striking "requirements pertaining to the monitoring and reporting of such taking by harassment, including" and inserting "efficient and practicable requirements pertaining to the monitoring of such taking by harassment while the activity is being engaged in and the reporting of such taking by harassment, including, as the Secretary determines necessary,"; and

(II) by striking the period at the end and inserting "; and";

(iv) by adding at the end the following:

(IV) that any condition, measure, or requirement imposed pursuant to subclause (I), (II), or (III), respectively, shall not alter the basic design, location, scope, duration, or timing of the specified activity.

(v) in clause (vi), by striking "of ""least practicable adverse impact on such species or stock"; and

(3) in subparagraph (F)—

(A) in clause (i), by striking "of small numbers"; and

(B) in clause (iii), by striking ", ""of small numbers"",".

(c) Objective application of best scientific and commercial data available -

(1) In general - Title I of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended by adding at the end the following:

121. Objective application of best scientific and commercial data available

Each decision, determination, and finding made under this title shall be made based solely upon the objective application of the best scientific and commercial data available and without application of precautionary factors or assumptions or any other factors or assumptions that bias the objective application of the best scientific and commercial data available, including each decision, determination, and finding regarding—

(1) likely marine mammal distribution or presence;

(2) the estimated number of marine mammals in a species or stock;

(3) the estimated population trend or status of a marine mammal species or stock;

(4) the estimated geographic range of a marine mammal species or stock;

(5) the occurrence, extent, quantity, and nature of take of marine mammals; and

(6) the likelihood and extent of exposure of marine mammals to human impacts.

(2) Conforming amendment - The table of contents of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is amended by inserting after the item relating to section 120 the following:

Sec. 121. Objective application of best scientific and commercial data available.