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(continued)
this title.
For effective date of section 4 of the International Dolphin
Conservation Program Act [Pub. L. 105-42], referred to in subsec.
(a)(2)(B)(i), see section 8 of Pub. L. 105-42 set out as an
Effective Date of 1997 Amendment note under section 1362 of this
title.
The Endangered Species Act of 1973, referred to in subsec.
(a)(4)(B), (5)(E)(i), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat.
884, as amended, which is classified principally to chapter 35
(Sec. 1531 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1531 of this title and Tables.
The Whaling Convention Act of 1949, referred to in subsec.
(a)(5)(A)(i)(I), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as
amended, which is classified generally to subchapter II (Sec. 916
et seq.) of chapter 14 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
916 of this title and Tables.
Act of November 7, 1986, referred to in subsec. (a)(5)(E)(vi), is
Pub. L. 99-625, Nov. 7, 1986, 100 Stat. 3500, which amended section
718b of this title and provisions listed in a table of National
Wildlife Refuges set out under section 668dd of this title and
enacted provisions set out as a note under section 1536 of this
title. For complete classification of this Act to the Code, see
Tables.


-MISC1-
AMENDMENTS
2003 - Subsec. (a)(5)(A). Pub. L. 108-136, Sec. 319(c)(1),
designated existing provisions as cl. (i), redesignated former cls.
(i) and (ii) as subcls. (I) and (II), respectively, redesignated
former subcls. (I) and (II) of former cl. (ii) as items (aa) and
(bb) of subcl. (II), respectively, and added cls. (ii) and (iii).
Subsec. (a)(5)(D)(vi), (vii). Pub. L. 108-136, Sec. 319(c)(2),
added cls. (vi) and (vii).
Subsec. (a)(5)(F). Pub. L. 108-136, Sec. 319(c)(3), added subpar.
(F).
Subsec. (f). Pub. L. 108-136, Sec. 319(b), added subsec. (f).
1997 - Subsec. (a)(2). Pub. L. 105-42, Sec. 4(a), (b)(4), in
introductory provisions, inserted after first sentence "Such
authorizations may be granted under subchapter IV of this chapter
with respect to purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean, subject to regulations prescribed
under that subchapter by the Secretary without regard to section
1373 of this title." and struck out "; provided that this goal
shall be satisfied in the case of the incidental taking of marine
mammals in the course of purse seine fishing for yellowfin tuna by
a continuation of the application of the best marine mammal safety
techniques and equipment that are economically and technologically
practicable" after "serious injury rate" and, in closing
provisions, substituted "For purposes of subparagraph (F)" for "For
purposes of subparagraph (E)".
Subsec. (a)(2)(B). Pub. L. 105-42, Sec. 4(b)(1), added subpar.
(B) and struck out former subpar. (B) which contained requirement
that nations exporting yellowfin tuna harvested with purse seines
in eastern tropical Pacific Ocean provide documentary evidence of
adoption of regulatory program governing incidental taking of other
mammals and comparison of the average rates of incidental taking
between harvesting nation and United States.
Subsec. (a)(2)(C) to (F). Pub. L. 105-42, Sec. 4(b)(2), (3),
added subpar. (C) and redesignated former subpars. (C) to (E) as
(D) to (F), respectively.
Subsec. (d). Pub. L. 105-18 added subsec. (d).
Subsec. (e). Pub. L. 105-42, Sec. 4(c), added subsec. (e).
1996 - Subsec. (a)(5)(E)(i). Pub. L. 104-208 made technical
amendment to reference in original act which appears in text as
reference to section 1824(b) of this title.
1994 - Subsec. (a)(1). Pub. L. 103-238, Sec. 4(a)(1), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"Consistent with the provisions of section 1374 of this title,
permits may be issued by the Secretary for taking and importation
for purposes of scientific research, public display, or enhancing
the survival or recovery of a species or stock if -
"(A) the taking proposed in the application for any such
permit, or
"(B) the importation proposed to be made,
is first reviewed by the Marine Mammal Commission and the Committee
of Scientific Advisors on Marine Mammals established under
subchapter III of this chapter. The Commission and Committee shall
recommend any proposed taking or importation which is consistent
with the purposes and policies of section 1361 of this title. The
Secretary shall, if he grants approval for importation, issue to
the importer concerned a certificate to that effect which shall be
in such form as the Secretary of the Treasury prescribes and such
importation may be made upon presentation of the certificate to the
customs officer concerned."
Subsec. (a)(2). Pub. L. 103-238, Sec. 4(a)(2), inserted before
period at end of first sentence ", or in lieu of such permits,
authorizations may be granted therefor under section 1387 of this
title, subject to regulations prescribed under that section by the
Secretary without regard to section 1373 of this title".
Subsec. (a)(3)(B). Pub. L. 103-238, Sec. 4(a)(3), inserted ",
photography for educational or commercial purposes," after
"purposes" and "or as provided for under paragraph (5) of this
subsection," after "subsection,".
Subsec. (a)(4). Pub. L. 103-238, Sec. 4(a)(4), amended par. (4)
generally. Prior to amendment, par. (4) read as follows:
"(4)(A) During any period of five consecutive years, the
Secretary shall allow the incidental, but not the intentional,
taking, by citizens of the United States while engaging in
commercial fishing operations, of small numbers of marine mammals
of a species or population stock that is not depleted if the
Secretary, after notice and opportunity for public comment -
"(i) finds that the total of such taking during such five-year
period will have a negligible impact on such species or stock;
and
"(ii) provides guidelines pertaining to the establishment of a
cooperative system among the fishermen involved for the
monitoring of such taking.
"(B) The Secretary shall withdraw, or suspend for a time certain,
the permission to take marine mammals under subparagraph (A) if the
Secretary finds, after notice and opportunity for public comment,
that -
"(i) the taking allowed under subparagraph (A) is having more
than a negligible impact on the species or stock concerned; or
"(ii) the policies, purposes and goals of this chapter would be
better served through the application of this title without
regard to this subsection.
Sections 1373 and 1374 of this title shall not apply to the taking
of marine mammals under the authority of this paragraph."
Subsec. (a)(5)(D), (E). Pub. L. 103-238, Sec. 4(a)(5), added
subpars. (D) and (E).
Subsec. (a)(6). Pub. L. 103-238, Sec. 4(a)(6), added par. (6).
Subsec. (b). Pub. L. 103-238, Sec. 4(b), inserted at end "In
promulgating any regulation or making any assessment pursuant to a
hearing or proceeding under this subsection or section 1386(b)(2)
of this title, or in making any determination of depletion under
this subsection or finding regarding unmitigable adverse impacts
under subsection (a)(5) of this section that affects stocks or
persons to which this subsection applies, the Secretary shall be
responsible for demonstrating that such regulation, assessment,
determination, or finding is supported by substantial evidence on
the basis of the record as a whole. The preceding sentence shall
only be applicable in an action brought by one or more Alaska
Native organizations representing persons to which this subsection
applies."
Subsec. (c). Pub. L. 103-238, Sec. 4(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "In
order to minimize undue economic hardship to persons subject to
this chapter, other than those engaged in commercial fishing
operations referred to in subsection (a)(2) of this section, the
Secretary, upon any such person filing an application with him and
upon filing such information as the Secretary may require showing,
to his satisfaction, such hardship, may exempt such person or class
of persons from provisions of this chapter for no more than one
year from October 21, 1972, as he determines to be appropriate."
1992 - Subsec. (a)(2). Pub. L. 102-582, Sec. 103(2), inserted
before period at end ", except that, until January 1, 1994, the
term 'driftnet' does not include the use in the northeast Atlantic
Ocean of gillnets with a total length not to exceed five kilometers
if the use is in accordance with regulations adopted by the
European Community pursuant to the October 28, 1991, decision by
the Council of Fisheries Ministers of the Community".
Subsec. (a)(2)(C). Pub. L. 102-582, Sec. 401(b), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"shall require the government of any intermediary nation from which
yellowfin tuna or tuna products will be exported to the United
States to certify and provide reasonable proof that it has acted to
prohibit the importation of such tuna and tuna products from any
nation from which direct export to the United States of such tuna
and tuna products is banned under this section within sixty days
following the effective date of such ban on importation to the
United States;".
Subsec. (a)(2)(E)(i). Pub. L. 102-582, Sec. 103(1), substituted
"January 1, 1993" for "July 1, 1992".
1990 - Subsec. (a)(2). Pub. L. 101-627 added subpar. (E) and
concluding provisions.
1988 - Subsec. (a)(1). Pub. L. 100-711, Sec. 5(c), which directed
that par. (1) be amended generally to read as follows: "(1)
Consistent with the provisions of section 1374 of this title,
permits may be issued by the Secretary for taking and importation
for purposes of scientific research, public display, or enhancing
the survival or recovery of a species or stock if - ", was executed
as the probable intent of Congress by substituting such provisions
for provisions of par. (1) before subpar. (A) which read as
follows: "Permits may be issued by the Secretary for taking and
importation for purposes of scientific research and for public
display if - ".
Subsec. (a)(2). Pub. L. 100-711, Sec. 4(a), inserted provisions
at end of subpar. (B) relating to finding by Secretary that
regulatory program, or average rate of incidental taking by
vessels, of harvesting nation is comparable to that of United
States, and added subpars. (C) and (D).
Subsec. (a)(3)(B). Pub. L. 100-711, Sec. 5(e)(1), inserted "or
enhancing the survival or recovery of a species or stock" after
"scientific research purposes".
1986 - Subsec. (a)(5)(A). Pub. L. 99-659, Sec. 411(a)(1), in
provisions preceding cl. (i) struck out "that is not depleted"
after "population stock".
Subsec. (a)(5)(A)(i). Pub. L. 99-659, Sec. 411(a)(2), substituted
"will not have an unmitigable adverse impact" for "its habitat,
and", and inserted "or, in the case of a cooperative agreement
under both this chapter and the Whaling Convention Act of 1949 (16
U.S.C. 916 et seq.), pursuant to section 1382(c) of this title".
Subsec. (a)(5)(A)(ii)(I). Pub. L. 99-659, Sec. 411(a)(3),
inserted ", and on the availability of such species or stock for
subsistence uses".
1984 - Subsec. (a)(2). Pub. L. 98-364 amended last sentence
generally, restating existing provisions in cl. (A) and adding cl.
(B).
1981 - Subsec. (a)(2). Pub. L. 97-58, Sec. 2(1)(A), provided that
the immediate goal of reducing to insignificant levels approaching
a zero mortality and serious injury rate the incidental kill or
serious injury of marine mammals permitted in the course of
commercial fishing operations be satisfied in the case of purse
seine fishing for yellowfin tuna by a continuation of the
application of the best marine mammal safety techniques and
equipment that are economically and technologically practicable.
Subsec. (a)(3)(B). Pub. L. 97-58, Sec. 2(1)(B), struck out "is
classified as belonging to an endangered species or threatened
species pursuant to the Endangered Species Act of 1973 or" after
"the taking of any marine mammal which".
Subsec. (a)(4), (5). Pub. L. 97-58, Sec. 2(1)(C), added pars. (4)
and (5).
Subsec. (b). Pub. L. 97-58, Sec. 2(2), substituted "Except as
provided in section 1379 of this title, the provisions of this
chapter shall not apply with respect to the taking of any marine
mammal by any Indian, Aleut, or Eskimo who resides in Alaska and"
for "The provisions of this chapter shall not apply with respect to
the taking of any marine mammal by any Indian, Aleut, or Eskimo" in
provisions preceding par. (1) and, in par. (1), substituted "is for
subsistence purposes; or" for "is for subsistence purposes by
Alaskan natives who reside in Alaska, or".
1973 - Subsec. (a)(3)(B). Pub. L. 93-205 substituted "or
threatened species pursuant to the Endangered Species Act of 1973"
for "pursuant to the Endangered Species Conservation Act of 1969".

EFFECTIVE DATE OF 1997 AMENDMENT
For effective date of amendment by Pub. L. 105-42, see section 8
of Pub. L. 105-42, set out as a note under section 1362 of this
title.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L.
104-208 provided that the amendment made by that section is
effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
16 of Pub. L. 93-205, set out as an Effective Date note under
section 1531 of this title.

TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1362, 1372, 1373, 1374,
1379, 1381, 1383a, 1386, 1387, 1415, 1417, 1536 of this title.

-End-



-CITE-
16 USC Sec. 1372 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-
Sec. 1372. Prohibitions

-STATUTE-
(a) Taking
Except as provided in sections 1371, 1373, 1374, 1379, 1381,
1383, 1383a, and 1387 of this title and subchapter V of this
chapter, it is unlawful -
(1) for any person subject to the jurisdiction of the United
States or any vessel or other conveyance subject to the
jurisdiction of the United States to take any marine mammal on
the high seas;
(2) except as expressly provided for by an international
treaty, convention, or agreement to which the United States is a
party and which was entered into before the effective date of
this subchapter or by any statute implementing any such treaty,
convention, or agreement -
(A) for any person or vessel or other conveyance to take any
marine mammal in waters or on lands under the jurisdiction of
the United States; or
(B) for any person to use any port, harbor, or other place
under the jurisdiction of the United States to take or import
marine mammals or marine mammal products; and

(3) for any person, with respect to any marine mammal taken in
violation of this subchapter, to possess that mammal or any
product from that mammal;
(4) for any person to transport, purchase, sell, export, or
offer to purchase, sell, or export any marine mammal or marine
mammal product -
(A) that is taken in violation of this chapter; or
(B) for any purpose other than public display, scientific
research, or enhancing the survival of a species or stock as
provided for under subsection 1374(c) of this title; and

(5) for any person to use, in a commercial fishery, any means
or methods of fishing in contravention of any regulations or
limitations, issued by the Secretary for that fishery to achieve
the purposes of this chapter.
(b) Importation of pregnant or nursing mammals; depleted species or
stock; inhumane taking
Except pursuant to a permit for scientific research, or for
enhancing the survival or recovery of a species or stock, issued
under section 1374(c) of this title, it is unlawful to import into
the United States any marine mammal if such mammal was -
(1) pregnant at the time of taking;
(2) nursing at the time of taking, or less than eight months
old, whichever occurs later;
(3) taken from a species or population stock which the
Secretary has, by regulation published in the Federal Register,
designated as a depleted species or stock; or
(4) taken in a manner deemed inhumane by the Secretary.

Notwithstanding the provisions of paragraphs (1) and (2), the
Secretary may issue a permit for the importation of a marine
mammal, if the Secretary determines that such importation is
necessary for the protection or welfare of the animal.
(c) Importation of illegally taken mammals
It is unlawful to import into the United States any of the
following:
(1) Any marine mammal which was -
(A) taken in violation of this subchapter; or
(B) taken in another country in violation of the law of that
country.

(2) Any marine mammal product if -
(A) the importation into the United States of the marine
mammal from which such product is made is unlawful under
paragraph (1) of this subsection; or
(B) the sale in commerce of such product in the country of
origin of the product is illegal;

(3) Any fish, whether fresh, frozen, or otherwise prepared, if
such fish was caught in a manner which the Secretary has
proscribed for persons subject to the jurisdiction of the United
States, whether or not any marine mammals were in fact taken
incident to the catching of the fish.
(d) Nonapplicability of prohibitions
Subsections (b) and (c) of this section shall not apply -
(1) in the case of marine mammals or marine mammal products, as
the case may be, to which subsection (b)(3) of this section
applies, to such items imported into the United States before the
date on which the Secretary publishes notice in the Federal
Register of his proposed rulemaking with respect to the
designation of the species or stock concerned as depleted; or
(2) in the case of marine mammals or marine mammal products to
which subsection (c)(1)(B) or (c)(2)(B) of this section applies,
to articles imported into the United States before the effective
date of the foreign law making the taking or sale, as the case
may be, of such marine mammals or marine mammal products
unlawful.
(e) Retroactive effect
This chapter shall not apply with respect to any marine mammal
taken before the effective date of this chapter, or to any marine
mammal product consisting of, or composed in whole or in part of,
any marine mammal taken before such date.
(f) Commercial taking of whales
It is unlawful for any person or vessel or other conveyance to
take any species of whale incident to commercial whaling in waters
subject to the jurisdiction of the United States.

-SOURCE-
(Pub. L. 92-522, title I, Sec. 102, Oct. 21, 1972, 86 Stat. 1032;
Pub. L. 93-205, Sec. 13(e)(3), Dec. 28, 1973, 87 Stat. 903; Pub. L.
95-136, Sec. 4, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 97-58, Sec.
3(a), Oct. 9, 1981, 95 Stat. 981; Pub. L. 100-711, Secs. 2(b),
5(b), (e)(2), Nov. 23, 1988, 102 Stat. 4763, 4769, 4771; Pub. L.
102-587, title III, Sec. 3004(a)(1), Nov. 4, 1992, 106 Stat. 5067;
Pub. L. 103-238, Secs. 5(a), 13(c), 24(c)(9), Apr. 30, 1994, 108
Stat. 536, 558, 566.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this subchapter, referred to in subsec.
(a)(2), means the effective date of title I of Pub. L. 92-522. See
section 4 of Pub. L. 92-522, set out as an Effective Date note
under section 1361 of this title.
The effective date of this chapter referred to in subsec. (e),
means the effective date of Pub. L. 92-522. See section 4 of Pub.
L. 92-522, set out as an Effective Date note under section 1361 of
this title.


-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-238, Sec. 24(c)(9), which
directed technical amendment to reference to subchapter V of this
chapter in introductory provisions to reflect renumbering of
corresponding title of original act, could not be executed to text
because of prior amendment by section 13(c) of Pub. L. 103-238. See
below.
Pub. L. 103-238, Sec. 13(c), in introductory provisions inserted
reference to section 1387 of this title and made technical
amendment to reference to subchapter V of this chapter to reflect
renumbering of corresponding title of original act.
Subsec. (a)(2)(B). Pub. L. 103-238, Sec. 5(a)(1), substituted "to
take or import" for "for any purpose in any way connected with the
taking or importation of".
Subsec. (a)(4). Pub. L. 103-238, Sec. 5(a)(2), substituted
"export, or offer to purchase, sell, or export" for "or offer to
purchase or sell" and "product - " for "product; and" and added
subpars. (A) and (B).
1992 - Subsec. (a). Pub. L. 102-587 inserted "or subchapter V of
this chapter" in introductory provisions.
1988 - Subsec. (a). Pub. L. 100-711, Sec. 2(b), substituted
"1383, and 1383a" for "and 1383".
Subsec. (b). Pub. L. 100-711, Sec. 5(e)(2), substituted
"research, or for enhancing the survival or recovery of a species
or stock," for "research".
Pub. L. 100-711, Sec. 5(b), inserted sentence at end authorizing
Secretary to issue permit for importation of marine mammal.
1981 - Subsec. (a). Pub. L. 97-58, Sec. 3(a)(1), inserted
reference to section 1379 of this title in the enumeration of
sections preceding par. (1), redesignated par. (4) as (5), and
revised as pars. (3) and (4) the provisions of former par. (3)
amending those provisions so as to make it illegal for any person
to possess a marine mammal, or any product from that mammal, and
for any person to transport, purchase, sell, or offer to purchase
or sell any marine mammal or marine mammal product.
Subsec. (b)(3). Pub. L. 97-58, Sec. 3(a)(2), struck out "or which
has been listed as an endangered species or threatened species
pursuant to the Endangered Species Act of 1973" after "designated
as a depleted species or stock".
Subsec. (d)(1). Pub. L. 97-58, Sec. 3(b)(3), struck out "or
endangered" after "concerned as depleted".
1977 - Subsec. (f). Pub. L. 95-136 added subsec. (f).
1973 - Subsec. (b)(3). Pub. L. 93-205 substituted "an endangered
species or threatened species pursuant to the Endangered Species
Act of 1973" for "endangered under the Endangered Species
Conservation Act of 1969".

EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
16 of Pub. L. 93-205, set out as an Effective Date note under
section 1531 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1371, 1374, 1536 of this
title.

-End-



-CITE-
16 USC Sec. 1373 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-
Sec. 1373. Regulations on taking of marine mammals

-STATUTE-
(a) Necessity and appropriateness
The Secretary, on the basis of the best scientific evidence
available and in consultation with the Marine Mammal Commission,
shall prescribe such regulations with respect to the taking and
importing of animals from each species of marine mammal (including
regulations on the taking and importing of individuals within
population stocks) as he deems necessary and appropriate to insure
that such taking will not be to the disadvantage of those species
and population stocks and will be consistent with the purposes and
policies set forth in section 1361 of this title.
(b) Factors considered in prescribing regulations
In prescribing such regulations, the Secretary shall give full
consideration to all factors which may affect the extent to which
such animals may be taken or imported, including but not limited to
the effect of such regulations on -
(1) existing and future levels of marine mammal species and
population stocks;
(2) existing international treaty and agreement obligations of
the United States;
(3) the marine ecosystem and related environmental
considerations;
(4) the conservation, development, and utilization of fishery
resources; and
(5) the economic and technological feasibility of
implementation.
(c) Allowable restrictions
The regulations prescribed under subsection (a) of this section
for any species or population stock of marine mammal may include,
but are not limited to, restrictions with respect to -
(1) the number of animals which may be taken or imported in any
calendar year pursuant to permits issued under section 1374 of
this title;
(2) the age, size, or sex (or any combination of the foregoing)
of animals which may be taken or imported, whether or not a quota
prescribed under paragraph (1) of this subsection applies with
respect to such animals;
(3) the season or other period of time within which animals may
be taken or imported;
(4) the manner and locations in which animals may be taken or
imported; and
(5) fishing techniques which have been found to cause undue
fatalities to any species of marine mammal in a fishery.
(d) Procedure
Regulations prescribed to carry out this section with respect to
any species or stock of marine mammals must be made on the record
after opportunity for an agency hearing on both the Secretary's
determination to waive the moratorium pursuant to section
1371(a)(3)(A) of this title and on such regulations, except that,
in addition to any other requirements, imposed by law with respect
to agency rulemaking, the Secretary shall publish and make
available to the public either before or concurrent with the
Publication of notice in the Federal Register of his intention to
prescribe regulations under this section -
(1) a statement of the estimated existing levels of the species
and population stocks of the marine mammal concerned;
(2) a statement of the expected impact of the proposed
regulations on the optimum sustainable population of such species
or population stock;
(3) a statement describing the evidence before the Secretary
upon which he proposes to base such regulations; and
(4) any studies made by or for the Secretary or any
recommendations made by or for the Secretary or the Marine Mammal
Commission which relate to the establishment of such regulations.
(e) Periodic review
Any regulation prescribed pursuant to this section shall be
periodically reviewed, and may be modified from time to time in
such manner as the Secretary deems consistent with and necessary to
carry out the purposes of this chapter.
(f) Report to Congress
Within six months after the effective date of this chapter and
every twelve months thereafter, the Secretary shall report to the
public through publication in the Federal Register and to the
Congress on the current status of all marine mammal species and
population stocks subject to the provisions of this chapter. His
report shall describe those actions taken and those measures
believed necessary, including where appropriate, the issuance of
permits pursuant to this subchapter to assure the well-being of
such marine mammals.

-SOURCE-
(Pub. L. 92-522, title I, Sec. 103, Oct. 21, 1972, 86 Stat. 1033.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this chapter, referred to in subsec. (f),
means the effective date of Pub. L. 92-522, See section 4 of Pub.
L. 92-522, set out as an Effective Date note under section 1361 of
this title.


-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(f) of this section relating to the Secretary reporting to Congress
on the current status of marine mammal species and population
stocks subject to this chapter, see section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance, and pages 54 and 107 of House Document No. 103-7.

MARINE MAMMAL POPULATIONS REPORT
Pub. L. 101-627, title XI, Sec. 1101, Nov. 28, 1990, 104 Stat.
4468, directed Secretary of Commerce, in consultation with
Secretary of the Interior, to provide to Congress within 12 months
after Nov. 28, 1990, a report assessing population sizes and trends
of harbor seals, sea otters, California sea lions, and northern sea
lions off the coast of the State of Washington; assessing the
effectiveness of 16 U.S.C. 1371(a)(3)(A) and 1379(h); and
specifying long range management plans for the species of marine
mammals listed.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1371, 1372, 1374, 1378,
1379, 1380, 1382, 1383a, 1383b, 1387, 1415, 1539 of this title.

-End-



-CITE-
16 USC Sec. 1374 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-
Sec. 1374. Permits

-STATUTE-
(a) Issuance
The Secretary may issue permits which authorize the taking or
importation of any marine mammal. Permits for the incidental taking
of marine mammals in the course of commercial fishing operations
may only be issued as specifically provided for in sections (!1)
1371(a)(5) or 1416 of this title, or subsection (h) of this
section.

(b) Requisite provisions
Any permit issued under this section shall -
(1) be consistent with any applicable regulation established by
the Secretary under section 1373 of this title, and
(2) specify -
(A) the number and kind of animals which are authorized to be
taken or imported,
(B) the location and manner (which manner must be determined
by the Secretary to be humane) in which they may be taken, or
from which they may be imported,
(C) the period during which the permit is valid, and
(D) any other terms or conditions which the Secretary deems
appropriate.

In any case in which an application for a permit cites as a reason
for the proposed taking the overpopulation of a particular species
or population stock, the Secretary shall first consider whether or
not it would be more desirable to transplant a number of animals
(but not to exceed the number requested for taking in the
application) of that species or stock to a location not then
inhabited by such species or stock but previously inhabited by such
species or stock.
(c) Importation for scientific research, public display, or
enhancing survival or recovery of species or stock
(1) Any permit issued by the Secretary which authorizes the
taking or importation of a marine mammal for purposes of scientific
research, public display, or enhancing the survival or recovery of
a species or stock shall specify, in addition to the conditions
required by subsection (b) of this section, the methods of capture,
supervision, care, and transportation which must be observed
pursuant to such taking or importation. Any person authorized to
take or import a marine mammal for purposes of scientific research,
public display, or enhancing the survival or recovery of a species
or stock shall furnish to the Secretary a report on all activities
carried out by him pursuant to that authority.
(2)(A) A permit may be issued to take or import a marine mammal
for the purpose of public display only to a person which the
Secretary determines -
(i) offers a program for education or conservation purposes
that is based on professionally recognized standards of the
public display community;
(ii) is registered or holds a license issued under 7 U.S.C.
2131 et seq.; and
(iii) maintains facilities for the public display of marine
mammals that are open to the public on a regularly scheduled
basis and that access to such facilities is not limited or
restricted other than by charging of an admission fee.

(B) A permit under this paragraph shall grant to the person to
which it is issued the right, without obtaining any additional
permit or authorization under this chapter, to -
(i) take, import, purchase, offer to purchase, possess, or
transport the marine mammal that is the subject of the permit;
and
(ii) sell, export, or otherwise transfer possession of the
marine mammal, or offer to sell, export, or otherwise transfer
possession of the marine mammal -
(I) for the purpose of public display, to a person that meets
the requirements of clauses (i), (ii), and (iii) of
subparagraph (A);
(II) for the purpose of scientific research, to a person that
meets the requirements of paragraph (3); or
(III) for the purpose of enhancing the survival or recovery
of a species or stock, to a person that meets the requirements
of paragraph (4).

(C) A person to which a marine mammal is sold or exported or to
which possession of a marine mammal is otherwise transferred under
the authority of subparagraph (B) shall have the rights and
responsibilities described in subparagraph (B) with respect to the
marine mammal without obtaining any additional permit or
authorization under this chapter. Such responsibilities shall be
limited to -
(i) for the purpose of public display, the responsibility to
meet the requirements of clauses (i), (ii), and (iii) of
subparagraph (A),
(ii) for the purpose of scientific research, the responsibility
to meet the requirements of paragraph (3), and
(iii) for the purpose of enhancing the survival or recovery of
a species or stock, the responsibility to meet the requirements
of paragraph (4).

(D) If the Secretary -
(i) finds in concurrence with the Secretary of Agriculture,
that a person that holds a permit under this paragraph for a
marine mammal, or a person exercising rights under subparagraph
(C), no longer meets the requirements of subparagraph (A)(ii) and
is not reasonably likely to meet those requirements in the near
future, or
(ii) finds that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A)(i) or (iii) and is not reasonably likely to meet
those requirements in the near future,

the Secretary may revoke the permit in accordance with subsection
(e) of this section, seize the marine mammal, or cooperate with
other persons authorized to hold marine mammals under this chapter
for disposition of the marine mammal. The Secretary may recover
from the person expenses incurred by the Secretary for that
seizure.
(E) No marine mammal held pursuant to a permit issued under
subparagraph (A), or by a person exercising rights under
subparagraph (C), may be sold, purchased, exported, or transported
unless the Secretary is notified of such action no later than 15
days before such action, and such action is for purposes of public
display, scientific research, or enhancing the survival or recovery
of a species or stock. The Secretary may only require the
notification to include the information required for the inventory
established under paragraph (10).
(3)(A) The Secretary may issue a permit under this paragraph for
scientific research purposes to an applicant which submits with its
permit application information indicating that the taking is
required to further a bona fide scientific purpose. The Secretary
may issue a permit under this paragraph before the end of the
public review and comment period required under subsection (d)(2)
of this section if delaying issuance of the permit could result in
injury to a species, stock, or individual, or in loss of unique
research opportunities.
(B) No permit issued for purposes of scientific research shall
authorize the lethal taking of a marine mammal unless the applicant
demonstrates that a nonlethal method of conducting the research is
not feasible. The Secretary shall not issue a permit for research
which involves the lethal taking of a marine mammal from a species
or stock that is depleted, unless the Secretary determines that the
results of such research will directly benefit that species or
stock, or that such research fulfills a critically important
research need.
(C) Not later than 120 days after April 30, 1994, the Secretary
shall issue a general authorization and implementing regulations
allowing bona fide scientific research that may result only in
taking by Level B harassment of a marine mammal. Such authorization
shall apply to persons which submit, by 60 days before commencement
of such research, a letter of intent via certified mail to the
Secretary containing the following:
(i) The species or stocks of marine mammals which may be
harassed.
(ii) The geographic location of the research.
(iii) The period of time over which the research will be
conducted.
(iv) The purpose of the research, including a description of
how the definition of bona fide research as established under
this chapter would apply.
(v) Methods to be used to conduct the research.

Not later than 30 days after receipt of a letter of intent to
conduct scientific research under the general authorization, the
Secretary shall issue a letter to the applicant confirming that the
general authorization applies, or, if the proposed research is
likely to result in the taking (including Level A harassment) of a
marine mammal, shall notify the applicant that subparagraph (A)
applies.
(4)(A) A permit may be issued for enhancing the survival or
recovery of a species or stock only with respect to a species or
stock for which the Secretary, after consultation with the Marine
Mammal Commission and after notice and opportunity for public
comment, has first determined that -
(i) taking or importation is likely to contribute significantly
to maintaining or increasing distribution or numbers necessary to
ensure the survival or recovery of the species or stock; and
(ii) taking or importation is consistent (I) with any
conservation plan adopted by the Secretary under section 1383b(b)
of this title or any recovery plan developed under section
1533(f) of this title for the species or stock, or (II) if there
is no conservation or recovery plan in place, with the
Secretary's evaluation of the actions required to enhance the
survival or recovery of the species or stock in light of the
factors that would be addressed in a conservation plan or a
recovery plan.

(B) A permit issued in accordance with this paragraph may allow
the captive maintenance of a marine mammal from a depleted species
or stock only if the Secretary -
(i) determines that captive maintenance is likely to contribute
to the survival or recovery of the species or stock by
maintaining a viable gene pool, increasing productivity,
providing biological information, or establishing animal
reserves;
(ii) determines that the expected benefit to the affected
species or stock outweighs the expected benefit of alternatives
which do not require removal of animals from the wild; and
(iii) requires that the marine mammal or its progeny be
returned to the natural habitat of the species or stock as soon
as feasible, consistent with the objectives of any applicable
conservation plan or recovery plan, or of any evaluation by the
Secretary under subparagraph (A).

The Secretary may allow the public display of such a marine mammal
only if the Secretary determines that such display is incidental to
the authorized maintenance and will not interfere with the
attainment of the survival or recovery objectives.
(5)(A) The Secretary may issue a permit for the importation of
polar bear parts (other than internal organs) taken in sport hunts
in Canada to an applicant which submits with its permit application
proof that the polar bear was legally harvested in Canada by the
applicant. Such a permit shall be issued if the Secretary, in
consultation with the Marine Mammal Commission and after notice and
opportunity for public comment, finds that -
(i) Canada has a monitored and enforced sport hunting program
consistent with the purposes of the Agreement on the Conservation
of Polar Bears;
(ii) Canada has a sport hunting program based on scientifically
sound quotas ensuring the maintenance of the affected population
stock at a sustainable level;
(iii) the export and subsequent import are consistent with the
provisions of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora and other international
agreements and conventions; and
(iv) the export and subsequent import are not likely to
contribute to illegal trade in bear parts.

(B) The Secretary shall establish and charge a reasonable fee for
permits issued under this paragraph. All fees collected under this
paragraph shall be available to the Secretary until expended for
use in developing and implementing cooperative research and
management programs for the conservation of polar bears in Alaska
and Russia pursuant to section 1383(d) of this title.
(C)(i) The Secretary shall undertake a scientific review of the
impact of permits issued under this paragraph on the polar bear
population stocks in Canada within 2 years after April 30, 1994.
The Secretary shall provide an opportunity for public comment
during the course of such review, and shall include a response to
such public comment in the final report on such review.
(ii) The Secretary shall not issue permits under this paragraph
after September 30, 1996, if the Secretary determines, based on the
scientific review, that the issuance of permits under this
paragraph is having a significant adverse impact on the polar bear
population stocks in Canada. The Secretary may review such
determination annually thereafter, in light of the best scientific
information available, and shall complete the review not later than
January 31 in any year a review is undertaken. The Secretary may
issue permits under this paragraph whenever the Secretary
determines, on the basis of such annual review, that the issuance
of permits under this paragraph is not having a significant adverse
impact on the polar bear population stocks in Canada.
(D) The Secretary of the Interior shall, expeditiously after the
expiration of the applicable 30 day period under subsection (d)(2)
of this section, issue a permit for the importation of polar bear
parts (other than internal organs) from polar bears taken in sport
hunts in Canada before February 18, 1997, to each applicant who
submits, with the permit application, proof that the polar bear was
legally harvested in Canada by the applicant. The Secretary shall
issue such permits without regard to the provisions of
subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3)
of this section, and sections 1371 and 1372 of this title. This
subparagraph shall not apply to polar bear parts that were imported
before June 12, 1997.
(6) A permit may be issued for photography for educational or
commercial purposes involving marine mammals in the wild only to an
applicant which submits with its permit application information
indicating that the taking will be limited to Level B harassment,
and the manner in which the products of such activities will be
made available to the public.
(7) Upon request by a person for a permit under paragraph (2),
(3), or (4) for a marine mammal which is in the possession of any
person authorized to possess it under this chapter and which is
determined under guidance under section 1421a(a) of this title not
to be releasable to the wild, the Secretary shall issue the permit
to the person requesting the permit if that person -
(A) meets the requirements of clauses (i), (ii), and (iii) of
paragraph (2)(A), in the case of a request for a permit under
paragraph (2);
(B) meets the requirements of paragraph (3), in the case of a
request for a permit under that paragraph; or
(C) meets the requirements of paragraph (4), in the case of a
request for a permit under that paragraph.

(8)(A) No additional permit or authorization shall be required to
possess, sell, purchase, transport, export, or offer to sell or
purchase the progeny of marine mammals taken or imported under this
subsection, if such possession, sale, purchase, transport, export,
or offer to sell or purchase is -
(i) for the purpose of public display, and by or to,
respectively, a person which meets the requirements of clauses
(i), (ii), and (iii) of paragraph (2)(A);
(ii) for the purpose of scientific research, and by or to,
respectively, a person which meets the requirements of paragraph
(3); or
(iii) for the purpose of enhancing the survival or recovery of
a species or stock, and by or to, respectively, a person which
meets the requirements of paragraph (4).

(B)(i) A person which has a permit under paragraph (2), or a
person exercising rights under paragraph (2)(C), which has
possession of a marine mammal that gives birth to progeny shall -
(I) notify the Secretary of the birth of such progeny within 30
days after the date of birth; and
(II) notify the Secretary of the sale, purchase, or transport
of such progeny no later than 15 days before such action.

(ii) The Secretary may only require notification under clause (i)
to include the information required for the inventory established
under paragraph (10).
(C) Any progeny of a marine mammal born in captivity before April (continued)