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United States
6 USC CHAPTER 31 - MARINE MAMMAL PROTECTION

-CITE-
16 USC CHAPTER 31 - MARINE MAMMAL PROTECTION 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION

-HEAD-
CHAPTER 31 - MARINE MAMMAL PROTECTION


-MISC1-
SUBCHAPTER I - GENERALLY
Sec.
1361. Congressional findings and declaration of policy.
1362. Definitions.

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS
1371. Moratorium on taking and importing marine mammals and
marine mammal products.
(a) Imposition; exceptions.
(b) Exemptions for Alaskan natives.
(c) Taking in defense of self or others.
(d) Good Samaritan exemption.
(e) Chapter not to apply to incidental takings by
United States citizens employed on foreign
vessels outside United States EEZ.
1372. Prohibitions.
(a) Taking.
(b) Importation of pregnant or nursing mammals;
depleted species or stock; inhumane taking.
(c) Importation of illegally taken mammals.
(d) Nonapplicability of prohibitions.
(e) Retroactive effect.
(f) Commercial taking of whales.
1373. Regulations on taking of marine mammals.
(a) Necessity and appropriateness.
(b) Factors considered in prescribing regulations.
(c) Allowable restrictions.
(d) Procedure.
(e) Periodic review.
(f) Report to Congress.
1374. Permits.
(a) Issuance.
(b) Requisite provisions.
(c) Importation for scientific research, public
display, or enhancing survival or recovery of
species or stock.
(d) Application procedures; notice; hearing;
review.
(e) Modification, suspension, and revocation.
(f) Possession of permit by issuee or his agent.
(g) Fees.
(h) General permits.
1375. Penalties.
1375a. Use of fines for protection and recovery of manatees,
polar bears, sea otters, and walruses.
1376. Seizure and forfeiture of cargo.
(a) Application of consistent provisions.
(b) Penalties.
(c) Reward for information leading to conviction.
1377. Enforcement.
(a) Utilization of personnel.
(b) State officers and employees.
(c) Warrants and other process for enforcement.
(d) Execution of process; arrest; search; seizure.
(e) Disposition of seized cargo.
1378. International program.
(a) Duties of Secretary.
(b) Consultations and studies concerning North
Pacific fur seals.
(c) Description of annual results of discussions;
proposals for further action.
1379. Transfer of management authority.
(a) State enforcement of State laws or regulations
prohibited without transfer to State of
management authority by Secretary.
(b) Findings prerequisite to transfer of authority;
State program; implementation.
(c) Standards with which State process must comply.
(d) Cooperative allocation agreements.
(e) Revocation of transfer of management authority.
(f) Transfer of management authority to State of
Alaska.
(g) Environmental impact statement not required.
(h) Taking of marine mammals as part of official
duties.
(i) Regulations covering taking of marine mammals
by Alaskan natives.
(j) Grants to develop or administer State
conservation and management programs.
(k) Delegation of administration and enforcement to
States.
(l) Authorization of appropriations.
1380. Marine mammal research grants.
(a) Authorization; research concerning yellowfin
tuna; annual report.
(b) Terms and conditions.
(c) Gulf of Maine ecosystem protection.
(d) Bering Sea ecosystem protection.
1381. Commercial fisheries gear development.
(a) Research and development program; report to
Congress; authorization of appropriations.
(b) Reduction of level of taking of marine mammals
incidental to commercial fishing operations.
(c) Reduction of level of taking of marine mammals
in tuna fishery.
(d) Research and observation.
1382. Regulations and administration.
(a) Consultation with Federal agencies.
(b) Cooperation by Federal agencies.
(c) Contracts, leases and cooperative agreements.
(d) Annual review; suspension of program.
(e) Measures to alleviate impacts on strategic
stocks.
1383. Application to other treaties and conventions.
(a) Generally; findings; waiver of penalties.
(b) Review of effectiveness of Agreement on the
Conservation of Polar Bears.
(c) Review of implementation of Agreement on the
Conservation of Polar Bears; report.
(d) Consultation regarding conservation of polar
bears in Russia and Alaska; report.
1383a. Interim exemption for commercial fisheries.
(a) Effective and termination dates of preemptive
provisions; law governing incidental taking of
marine mammals in course of commercial
yellowfin tuna fishing.
(b) Proposed and final list of fisheries taking
marine mammals; publication in Federal
Register; grant of exemption; conditions;
suspension of grant of exemption;
administration of exemption provisions; fees.
(c) Compilation of information by vessel owners;
contents.
(d) Program for enhancement and verification of
information received from vessel owners;
confidentiality of information.
(e) Observers on board exempted vessels;
confidentiality of information; authorization
of appropriations.
(f) Alternative observation program.
(g) Review of information and evaluation of effects
of incidental taking on population stocks of
marine mammals; promulgation of emergency
regulations to mitigate immediate and
significant adverse impacts; action to
mitigate non-immediate impacts.
(h) Information and management system for
processing and analyzing reports and
information; accessibility to public.
(i) Utilization of services of State and Federal
agencies and private entities.
(j) Confidentiality of information; exceptions.
(k) Regulations.
(l) Suggested regime governing incidental taking of
marine mammals following termination of
interim exemptions.
(m) Consultation with Secretary of the Interior.
(n) Owner of fixed commercial fishing gear deemed
owner of vessel engaged in fishery in which
gear deployed.
(o) Definitions.
1383b. Status review; conservation plans.
(a) Determinations by rule; notice and hearing;
findings; final rule on status of species or
stock involved.
(b) Conservation plans; preparation and
implementation.
1384. Authorization of appropriations.
(a) Department of Commerce.
(b) Department of the Interior.
1385. Dolphin protection.
(a) Short title.
(b) Findings.
(c) Definitions.
(d) Labeling standard.
(e) Enforcement.
(f) Regulations.
(g) Secretarial findings.
(h) Certification by captain and observer.
1386. Stock assessments.
(a) In general.
(b) Public comment.
(c) Review and revision.
(d) Regional scientific review groups.
(e) Effect on section 1371(b) of this title.
1387. Taking of marine mammals incidental to commercial
fishing operations.
(a) In general.
(b) Zero mortality rate goal.
(c) Registration and authorization.
(d) Monitoring of incidental takes.
(e) Reporting requirement.
(f) Take reduction plans.
(g) Emergency regulations.
(h) Penalties.
(i) Assistance.
(j) Contributions.
(k) Consultation with Secretary of the Interior.
(l) Definitions.
1388. Marine mammal cooperative agreements in Alaska.
(a) In general.
(b) Grants.
(c) Effect of jurisdiction.
(d) Authorization of appropriations.
1389. Pacific Coast Task Force; Gulf of Maine.
(a) Pinniped removal authority.
(b) Application.
(c) Actions in response to application.
(d) Considerations.
(e) Limitation.
(f) California sea lions and Pacific harbor seals;
investigation and report.
(g) Regionwide pinniped-fishery interaction study.
(h) Gulf of Maine Task Force.
(i) Requirements applicable to task forces.
(j) Gulf of Maine harbor porpoise.

SUBCHAPTER III - MARINE MAMMAL COMMISSION
1401. Establishment.
(a) Designation.
(b) Membership and term of office.
(c) Chairman.
(d) Compensation; reimbursement for travel
expenses.
(e) Executive Director.
1402. Duties of Commission.
(a) Reports and recommendations.
(b) Consultation with Secretary; reports to
Secretary before publication.
(c) Availability of reports for public inspection.
(d) Recommendations; explanation for nonadoption.
1403. Committee of Scientific Advisors on Marine Mammals.
(a) Establishment; membership.
(b) Compensation; reimbursement for travel
expenses.
(c) Consultation with Commission on studies and
recommendations; explanation for nonadoption.
1404. Omitted.
1405. Coordination with other Federal agencies.
1406. Administration.
1407. Authorization of appropriations.

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
1411. Findings and policy.
(a) Findings.
(b) Policy.
1412. International Dolphin Conservation Program.
1413. Regulatory authority of Secretary.
(a) Regulations.
(b) Consultation.
(c) Emergency regulations.
1414. Repealed.
1414a. Research.
(a) Required research.
(b) Other research.
(c) Authorization of appropriations.
1415. Reports by Secretary.
1416. Permits.
(a) In general.
(b) Permit sanctions.
1417. Prohibitions.
(a) In general.
(b) Penalties.
(c) Civil forfeitures.
1418. Repealed.

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE
1421. Establishment of Program.
(a) Establishment.
(b) Purposes.
1421a. Determination; data collection and dissemination.
(a) Determination for release.
(b) Collection.
(c) Availability.
1421b. Stranding response agreements.
(a) In general.
(b) Required provision.
(c) Review.
1421c. Unusual mortality event response.
(a) Response.
(b) Contingency plan.
(c) Onsite coordinators.
1421d. Unusual mortality event activity funding.
(a) Establishment of Fund.
(b) Uses.
(c) Deposits into Fund.
(d) Acceptance of donations.
1421e. Liability.
(a) In general.
(b) Limitation.
1421f. National Marine Mammal Tissue Bank and tissue
analysis.
(a) Tissue Bank.
(b) Tissue analysis.
(c) Data base.
(d) Access.
1421f-1. John H. Prescott Marine Mammal Rescue Assistance Grant
Program.
(a) In general.
(b) Application.
(c) Consultation.
(d) Limitation.
(e) Matching requirement.
(f) Administrative expenses.
(g) Definitions.
(h) Authorization of appropriations.
1421g. Authorization of appropriations.
1421h. Definitions.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1375a, 1543, 1881, 1881a,
1881b, 2407, 2408, 3125, 6406 of this title; title 10 section 7524.

-End-


-CITE-
16 USC SUBCHAPTER I - GENERALLY 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER I - GENERALLY

-HEAD-
SUBCHAPTER I - GENERALLY

-End-



-CITE-
16 USC Sec. 1361 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER I - GENERALLY

-HEAD-
Sec. 1361. Congressional findings and declaration of policy

-STATUTE-
The Congress finds that -
(1) certain species and population stocks of marine mammals
are, or may be, in danger of extinction or depletion as a result
of man's activities;
(2) such species and population stocks should not be permitted
to diminish beyond the point at which they cease to be a
significant functioning element in the ecosystem of which they
are a part, and, consistent with this major objective, they
should not be permitted to diminish below their optimum
sustainable population. Further measures should be immediately
taken to replenish any species or population stock which has
already diminished below that population. In particular, efforts
should be made to protect essential habitats, including the
rookeries, mating grounds, and areas of similar significance for
each species of marine mammal from the adverse effect of man's
actions;
(3) there is inadequate knowledge of the ecology and population
dynamics of such marine mammals and of the factors which bear
upon their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage
the development of international arrangements for research on,
and conservation of, all marine mammals;
(5) marine mammals and marine mammal products either -
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which
is important to other animals and animal products which move in
interstate commerce,

and that the protection and conservation of marine mammals and
their habitats is therefore necessary to insure the continuing
availability of those products which move in interstate commerce;
and
(6) marine mammals have proven themselves to be resources of
great international significance, esthetic and recreational as
well as economic, and it is the sense of the Congress that they
should be protected and encouraged to develop to the greatest
extent feasible commensurate with sound policies of resource
management and that the primary objective of their management
should be to maintain the health and stability of the marine
ecosystem. Whenever consistent with this primary objective, it
should be the goal to obtain an optimum sustainable population
keeping in mind the carrying capacity of the habitat.

-SOURCE-
(Pub. L. 92-522, Sec. 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L.
97-58, Sec. 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103-238,
Sec. 3, Apr. 30, 1994, 108 Stat. 532.)


-MISC1-
AMENDMENTS
1994 - Par. (2). Pub. L. 103-238, Sec. 3(1), inserted "essential
habitats, including" after "made to protect".
Par. (5). Pub. L. 103-238, Sec. 3(2), inserted "and their
habitats" before "is therefore necessary" in concluding provisions.
1981 - Par. (6). Pub. L. 97-58 substituted "carrying capacity"
for "optimum carrying capacity".

EFFECTIVE DATE
Section 4 of Pub. L. 92-522 provided that: "The provisions of
this Act [enacting this chapter] shall take effect upon the
expiration of the sixty-day period following the date of its
enactment [Oct. 21, 1972]."

SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-555, Sec. 1, Dec. 21, 2000, 114 Stat. 2765, provided
that: "This Act [enacting section 1421f-1 of this title, amending
sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a
to 5108, and 5156 of this title, enacting provisions set out as
notes under this section and sections 917a, 1433, 5101, and 5107 of
this title, and amending provisions set out as a note under section
1855 of this title] may be cited as the 'Striped Bass Conservation,
Atlantic Coastal Fisheries Management, and Marine Mammal Rescue
Assistance Act of 2000'."
Pub. L. 106-555, title II, Sec. 201, Dec. 21, 2000, 114 Stat.
2767, provided that: "This title [enacting section 1421f-1 of this
title, amending sections 1362, 1421g, 1421h, 1433, and 1434 of this
title, enacting provisions set out as notes under sections 917a and
1433 of this title, and amending provisions set out as a note under
section 1855 of this title] may be cited as the 'Marine Mammal
Rescue Assistance Act of 2000'."

SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-42, Sec. 1(a), Aug. 15, 1997, 111 Stat. 1122,
provided that: "This Act [enacting sections 962, 1412, 1413, 1414a
to 1416 of this title, amending sections 952, 953, 1362, 1371,
1374, 1378, 1380, 1385, 1411, and 1417 of this title, repealing
sections 1412 to 1416 and 1418 of this title, and enacting
provisions set out as notes under this section and section 1362 of
this title] may be cited as the 'International Dolphin Conservation
Program Act'."

SHORT TITLE OF 1994 AMENDMENT
Section 1 of Pub. L. 103-238 provided that: "This Act [enacting
sections 1386 to 1389 of this title, amending this section and
sections 1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384,
1407, 1421 to 1421h, and 4107 of this title, repealing sections
1384 and 1407 of this title, and enacting provisions set out as
notes under this section and sections 1362, 1374, 1538, and 1539 of
this title] may be cited as the 'Marine Mammal Protection Act
Amendments of 1994'."

SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102-587, title III, Sec. 3001, Nov. 4, 1992, 106 Stat.
5059, provided that: "This title [enacting subchapter V of this
chapter, amending sections 1362, 1372, 1379, and 1382 of this title
and section 183c of Title 46, Appendix, Shipping, and enacting
provisions set out as notes under sections 1421 and 1421a of this
title] may be cited as the 'Marine Mammal Health and Stranding
Response Act'."
Pub. L. 102-523, Sec. 1, Oct. 26, 1992, 106 Stat. 3425, provided
that: "This Act [enacting subchapter IV of this chapter and
amending sections 952, 953, 973r, and 1362 of this title] may be
cited as the 'International Dolphin Conservation Act of 1992'."

SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-711, Sec. 1, Nov. 23, 1988, 102 Stat. 4755, provided:
"That this Act [enacting sections 1383a and 1383b of this title,
amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402,
and 1407 of this title and section 1978 of Title 22, Foreign
Relations and Intercourse, enacting provisions set out as a note
under this section, and amending provisions set out as a note under
section 1384 of this title] may be cited as the 'Marine Mammal
Protection Act Amendments of 1988'."

SHORT TITLE
Section 1 of Pub. L. 92-522 provided in part that: "This Act
[enacting this chapter] may be cited as the 'Marine Mammal
Protection Act of 1972'."

REGULATIONS
Section 15(b) of Pub. L. 103-238 provided that: "Except as
provided otherwise in this Act [see Short Title of 1994 Amendment
note above], or the amendments to the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the Secretary of
Commerce or the Secretary of the Interior, as appropriate, shall,
after notice and opportunity for public comment, promulgate
regulations to implement this Act and the amendments made by this
Act by January 1, 1995."

PURPOSES AND FINDINGS
Pub. L. 105-42, Sec. 2, Aug. 15, 1997, 111 Stat. 1122, provided
that:
"(a) Purposes. - The purposes of this Act [see Short Title of
1997 Amendment note above] are -
"(1) to give effect to the Declaration of Panama, signed
October 4, 1995, by the Governments of Belize, Colombia, Costa
Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the
United States of America, Vanuatu, and Venezuela, including the
establishment of the International Dolphin Conservation Program,
relating to the protection of dolphins and other species, and the
conservation and management of tuna in the eastern tropical
Pacific Ocean;
"(2) to recognize that nations fishing for tuna in the eastern
tropical Pacific Ocean have achieved significant reductions in
dolphin mortality associated with that fishery; and
"(3) to eliminate the ban on imports of tuna from those nations
that are in compliance with the International Dolphin
Conservation Program.
"(b) Findings. - The Congress finds that -
"(1) the nations that fish for tuna in the eastern tropical
Pacific Ocean have achieved significant reductions in dolphin
mortality associated with the purse seine fishery from hundreds
of thousands annually to fewer than 5,000 annually;
"(2) the provisions of the Marine Mammal Protection Act of 1972
[16 U.S.C. 1361 et seq.] that impose a ban on imports from
nations that fish for tuna in the eastern tropical Pacific Ocean
have served as an incentive to reduce dolphin mortalities;
"(3) tuna canners and processors of the United States have led
the canning and processing industry in promoting a dolphin-safe
tuna market; and
"(4) 12 signatory nations to the Declaration of Panama,
including the United States, agreed under that Declaration to
require that the total annual dolphin mortality in the purse
seine fishery for yellowfin tuna in the eastern tropical Pacific
Ocean not exceed 5,000 animals, with the objective of
progressively reducing dolphin mortality to a level approaching
zero through the setting of annual limits and with the goal of
eliminating dolphin mortality."

RELATIONSHIP OF MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994 TO
OTHER LAW
Section 2(b) of Pub. L. 103-238 provided that: "Except as
otherwise expressly provided, nothing in this Act [see Short Title
of 1994 Amendment note above] is intended to amend, repeal, or
otherwise affect any other provision of law."

INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE
Section 14 of Pub. L. 103-238 provided that: "Nothing in this Act
[see Short Title of 1994 Amendment note above], including any
amendments to the Marine Mammal Protection Act of 1972 [16 U.S.C.
1361 et seq.] made by this Act -
"(1) alters or is intended to alter any treaty between the
United States and one or more Indian tribes; or
"(2) affects or otherwise modifies the provisions of section
101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371(b)), except as specifically provided in the amendment made
by section 4(b) of this Act [amending section 1371 of this
title]."

STUDY ON EFFECTS OF DOLPHIN FEEDING
Pub. L. 102-567, title III, Sec. 306, Oct. 29, 1992, 106 Stat.
4284, directed Secretary of Commerce to conduct a study in the
eastern Gulf of Mexico on the effects of feeding of noncaptive
dolphins by human beings, such study to be designed to detect any
behavior or diet modification resulting from this feeding and to
identify the effects, if any, of these modifications on the health
and well-being of the dolphins, directed Secretary to consult with
National Academy of Sciences and Marine Mammal Commission in design
and conduct of the study, and directed Secretary, within 18 months
after Oct. 29, 1992, to submit to Congress a report on results of
the study.

STUDY ON MORTALITY OF ATLANTIC DOLPHIN
Pub. L. 100-711, Sec. 7, Nov. 23, 1988, 102 Stat. 4771, directed
Secretary of Commerce to conduct a study regarding east coast
epidemic during 1987 and 1988 which caused substantial mortality
within North Atlantic coastal population of Atlantic bottle-nosed
dolphin, such study to examine (1) cause or causes of epidemic, (2)
effect of epidemic on coastal and offshore populations of Atlantic
bottle-nosed dolphin, (3) extent to which pollution may have
contributed to epidemic, (4) whether other species and populations
of marine mammals were affected by those factors which contributed
to epidemic, and (5) any other matters pertaining to causes and
effects of epidemic, with Secretary to submit on or before Jan. 1,
1989, to Committee on Commerce, Science, and Transportation of the
Senate and Committee on Merchant Marine and Fisheries of the House
of Representatives a plan for conducting the study.

INTERNATIONAL DISCUSSION TO ADVANCE UNDERSTANDING OF CETACEAN LIFE
Pub. L. 95-426, title VI, Sec. 602, Oct. 7, 1978, 92 Stat. 985,
provided that: "It is the sense of the Congress that the President
should convey to all countries having an interest in cetacean sea
life the serious concern of the Congress regarding the continuing
destruction of these marine mammals (highlighted by the recent
slaughter of dolphins in the Sea of Japan by Japanese fishermen)
and should encourage such countries -
"(1) to join in international discussions with other such
countries in order to advance general understanding of cetacean
life and thereby facilitate an effective use of the living marine
resources of the world which does not jeopardize the natural
balance of the aquatic environment;
"(2) to participate in an exchange of information with the
National Marine Fisheries Service of the United States Department
of Commerce, including cooperation in studies of -
"(A) the impact of cetaceans on ecologically related human
foodstuffs, and
"(B) alternative methods of dealing with cetacean problems as
they occur;
"(3) to cooperate in establishing an international cetacean
commission to advance understanding of cetacean life and to
insure the effective conservation and protection of cetaceans on
a global scale; and
"(4) to adopt comprehensive marine mammal protection
legislation."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1371, 1372, 1373 of this
title.

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-CITE-
16 USC Sec. 1362 01/19/04

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TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER I - GENERALLY

-HEAD-
Sec. 1362. Definitions

-STATUTE-
For the purposes of this chapter -
(1) The term "depletion" or "depleted" means any case in which -
(A) the Secretary, after consultation with the Marine Mammal
Commission and the Committee of Scientific Advisors on Marine
Mammals established under subchapter III of this chapter,
determines that a species or population stock is below its
optimum sustainable population;
(B) a State, to which authority for the conservation and
management of a species or population stock is transferred under
section 1379 of this title, determines that such species or stock
is below its optimum sustainable population; or
(C) a species or population stock is listed as an endangered
species or a threatened species under the Endangered Species Act
of 1973 [16 U.S.C. 1531 et seq.].

(2) The terms "conservation" and "management" means the
collection and application of biological information for the
purposes of increasing and maintaining the number of animals within
species and populations of marine mammals at their optimum
sustainable population. Such terms include the entire scope of
activities that constitute a modern scientific resource program,
including, but not limited to, research, census, law enforcement,
and habitat acquisition and improvement. Also included within these
terms, when and where appropriate, is the periodic or total
protection of species or populations as well as regulated taking.
(3) The term "district court of the United States" includes the
District Court of Guam, District Court of the Virgin Islands,
District Court of Puerto Rico, District Court of the Canal Zone,
and, in the case of American Samoa and the Trust Territory of the
Pacific Islands, the District Court of the United States for the
District of Hawaii.
(4) The term "humane" in the context of the taking of a marine
mammal means that method of taking which involves the least
possible degree of pain and suffering practicable to the mammal
involved.
(5) The term "intermediary nation" means a nation that exports
yellowfin tuna or yellowfin tuna products to the United States and
that imports yellowfin tuna or yellowfin tuna products that are
subject to a direct ban on importation into the United States
pursuant to section 1371(a)(2)(B) of this title.
(6) The term "marine mammal" means any mammal which (A) is
morphologically adapted to the marine environment (including sea
otters and members of the orders Sirenia, Pinnipedia and Cetacea),
or (B) primarily inhabits the marine environment (such as the polar
bear); and, for the purposes of this chapter, includes any part of
any such marine mammal, including its raw, dressed, or dyed fur or
skin.
(7) The term "marine mammal product" means any item of
merchandise which consists, or is composed in whole or in part, of
any marine mammal.
(8) The term "moratorium" means a complete cessation of the
taking of marine mammals and a complete ban on the importation into
the United States of marine mammals and marine mammal products,
except as provided in this chapter.
(9) The term "optimum sustainable population" means, with respect
to any population stock, the number of animals which will result in
the maximum productivity of the population or the species, keeping
in mind the carrying capacity of the habitat and the health of the
ecosystem of which they form a constituent element.
(10) The term "person" includes (A) any private person or entity,
and (B) any officer, employee, agent, department, or
instrumentality of the Federal Government, of any State or
political subdivision thereof, or of any foreign government.
(11) The term "population stock" or "stock" means a group of
marine mammals of the same species or smaller taxa in a common
spatial arrangement, that interbreed when mature.
(12)(A) Except as provided in subparagraph (B), the term
"Secretary" means -
(i) the Secretary of the department in which the National
Oceanic and Atmospheric Administration is operating, as to all
responsibility, authority, funding, and duties under this chapter
with respect to members of the order Cetacea and members, other
than walruses, of the order Pinnipedia, and
(ii) the Secretary of the Interior as to all responsibility,
authority, funding, and duties under this chapter with respect to
all other marine mammals covered by this chapter.

(B) in (!1) section 1387 of this title and subchapter V of this
chapter (other than section 1421f-1 of this title) the term
"Secretary" means the Secretary of Commerce.

(13) The term "take" means to harass, hunt, capture, or kill, or
attempt to harass, hunt, capture, or kill any marine mammal.
(14) The term "United States" includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, American Samoa, Guam, and Northern
Mariana Islands.
(15) The term "waters under the jurisdiction of the United
States" means -
(A) the territorial sea of the United States;
(B) the waters included within a zone, contiguous to the
territorial sea of the United States, of which the inner boundary
is a line coterminous with the seaward boundary of each coastal
State, and the other boundary is a line drawn in such a manner
that each point on it is 200 nautical miles from the baseline
from which the territorial sea is measured; and
(C) the areas referred to as eastern special areas in Article
3(1) of the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime Boundary,
signed June 1, 1990; in particular, those areas east of the
maritime boundary, as defined in that Agreement, that lie within
200 nautical miles of the baselines from which the breadth of the
territorial sea of Russia is measured but beyond 200 nautical
miles of the baselines from which the breadth of the territorial
sea of the United States is measured, except that this
subparagraph shall not apply before the date on which the
Agreement between the United States and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1,
1990, enters into force for the United States.

(16) The term "fishery" means -
(A) one or more stocks of fish which can be treated as a unit
for purposes of conservation and management and which are
identified on the basis of geographical, scientific, technical,
recreational, and economic characteristics; and
(B) any fishing for such stocks.

(17) The term "competent regional organization" -
(A) for the tuna fishery in the eastern tropical Pacific Ocean,
means the Inter-American Tropical Tuna Commission; and
(B) in any other case, means an organization consisting of
those nations participating in a tuna fishery, the purpose of
which is the conservation and management of that fishery and the
management of issues relating to that fishery.

(18)(A) The term "harassment" means any act of pursuit, torment,
or annoyance which -
(i) has the potential to injure a marine mammal or marine
mammal stock in the wild; or
(ii) has the potential to disturb a marine mammal or marine
mammal stock in the wild by causing disruption of behavioral
patterns, including, but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering.

(B) In the case of a military readiness activity (as defined in
section 315(f) of Public Law 107-314; 16 U.S.C. 703 note) or a
scientific research activity conducted by or on behalf of the
Federal Government consistent with section 1374(c)(3) of this
title, the term "harassment" means -
(i) any act that injures or has the significant potential to
injure a marine mammal or marine mammal stock in the wild; or
(ii) any act that disturbs or is likely to disturb a marine
mammal or marine mammal stock in the wild by causing disruption
of natural behavioral patterns, including, but not limited to,
migration, surfacing, nursing, breeding, feeding, or sheltering,
to a point where such behavioral patterns are abandoned or
significantly altered.

(C) The term "Level A harassment" means harassment described in
subparagraph (A)(i) or, in the case of a military readiness
activity or scientific research activity described in subparagraph
(B), harassment described in subparagraph (B)(i).
(D) The term "Level B harassment" means harassment described in
subparagraph (A)(ii) or, in the case of a military readiness
activity or scientific research activity described in subparagraph
(B), harassment described in subparagraph (B)(ii).
(19) The term "strategic stock" means a marine mammal stock -
(A) for which the level of direct human-caused mortality
exceeds the potential biological removal level;
(B) which, based on the best available scientific information,
is declining and is likely to be listed as a threatened species
under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.]
within the foreseeable future; or
(C) which is listed as a threatened species or endangered
species under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), or is designated as depleted under this chapter.

(20) The term "potential biological removal level" means the
maximum number of animals, not including natural mortalities, that
may be removed from a marine mammal stock while allowing that stock
to reach or maintain its optimum sustainable population. The
potential biological removal level is the product of the following
factors:
(A) The minimum population estimate of the stock.
(B) One-half the maximum theoretical or estimated net
productivity rate of the stock at a small population size.
(C) A recovery factor of between 0.1 and 1.0.

(21) The term "Regional Fishery Management Council" means a
Regional Fishery Management Council established under section 1852
of this title.
(22) The term "bona fide research" means scientific research on
marine mammals, the results of which -
(A) likely would be accepted for publication in a referred
scientific journal;
(B) are likely to contribute to the basic knowledge of marine
mammal biology or ecology; or
(C) are likely to identify, evaluate, or resolve conservation
problems.

(23) The term "Alaska Native organization" means a group
designated by law or formally chartered which represents or
consists of Indians, Aleuts, or Eskimos residing in Alaska.
(24) The term "take reduction plan" means a plan developed under
section 1387 of this title.
(25) The term "take reduction team" means a team established
under section 1387 of this title.
(26) The term "net productivity rate" means the annual per capita
rate of increase in a stock resulting from additions due to
reproduction, less losses due to mortality.
(27) The term "minimum population estimate" means an estimate of
the number of animals in a stock that -
(A) is based on the best available scientific information on
abundance, incorporating the precision and variability associated
with such information; and
(B) provides reasonable assurance that the stock size is equal
to or greater than the estimate.

(28) The term "International Dolphin Conservation Program" means
the international program established by the agreement signed in
LaJolla, California, in June, 1992, as formalized, modified, and
enhanced in accordance with the Declaration of Panama.
(29) The term "Declaration of Panama" means the declaration
signed in Panama City, Republic of Panama, on October 4, 1995.

-SOURCE-
(Pub. L. 92-522, Sec. 3, Oct. 21, 1972, 86 Stat. 1028; Pub. L.
93-205, Sec. 13(e)(1), Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-265,
title IV, Sec. 404(a), Apr. 13, 1976, 90 Stat. 360; Pub. L. 97-58,
Sec. 1(a), (b)(2), Oct. 9, 1981, 95 Stat. 979; Pub. L. 102-251,
title III, Sec. 304, Mar. 9, 1992, 106 Stat. 65; Pub. L. 102-523,
Sec. 2(c), Oct. 26, 1992, 106 Stat. 3432; Pub. L. 102-582, title
IV, Sec. 401(a), Nov. 2, 1992, 106 Stat. 4909; Pub. L. 102-587,
title III, Sec. 3004(b), Nov. 4, 1992, 106 Stat. 5067; Pub. L.
103-238, Secs. 12, 16(a), 24(a)(2), Apr. 30, 1994, 108 Stat. 557,
559, 565; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II,
Sec. 211(b)],Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. (continued)