-CITE- 16 USC CHAPTER 31 - MARINE MAMMAL PROTECTION 01/02/2006 -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. (f) Exemption of actions necessary for national defense. 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. -End- -CITE- 16 USC SUBCHAPTER I - GENERALLY 01/02/2006 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 31 - MARINE MAMMAL PROTECTION SUBCHAPTER I - GENERALLY -HEAD- SUBCHAPTER I - GENERALLY -End- -CITE- 16 USC Sec. 1361 01/02/2006 -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." -End- -CITE- 16 USC Sec. 1362 01/02/2006 -EXPCITE- 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. 104-297, title IV, Sec. 405(b)(2), (3), Oct. 11, 1996, 110 Stat. 3621; Pub. L. 105-42, Sec. 3, Aug. 15, 1997, 111 Stat. 1123; Pub. L. 106-555, title II, Sec. 202(b), Dec. 21, 2000, 114 Stat. 2768; Pub. L. 108- 136, div. A, title III, Sec. 319(a), Nov. 24, 2003, 117 Stat. 1433.) -REFTEXT- REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in pars. (1)(C) and (19)(B), (C), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally 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. -MISC1- AMENDMENTS 2003 - Par. (18)(B) to (D). Pub. L. 108-136 added subpars. (B) to (D) and struck out former subpars. (B) and (C) which read as follows: "(B) The term 'Level A harassment' means harassment described in subparagraph (A)(i). "(C) The term 'Level B harassment' means harassment described in subparagraph (A)(ii)." 2000 - Par. (12)(B). Pub. L. 106-555 inserted "(other than section 1421f-1 of this title)" after "subchapter V of this chapter". 1997 - Pars. (28), (29). Pub. L. 105-42 added pars. (28) and (29). 1996 - Par. (15). Pub. L. 104-297, Sec. 405(b)(2), repealed Pub. L. 102-251, Sec. 304. See 1992 Amendment note below. Pub. L. 104-297, Sec. 404(b)(3), amended par. (15) generally. Prior to amendment, par. (15) read as follows: "The term 'waters under the jurisdiction of the United States' means - "(A) the territorial sea of the United States, and "(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 outer 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." Par. (21). Pub. L. 104-208 made technical amendment to reference in original act which appears in text as reference to section 1852 of this title. 1994 - Par. (12)(B). Pub. L. 103-238, Sec. 24(a)(2), substituted "in section 1387 of this title and subchapter V of this chapter" for "in subchapter V of this chapter". Pars. (15) to (17). Pub. L. 103-238, Sec. 16(a), redesignated par. (15) defining "fishery", and par. (16), as pars. (16) and (17), respectively, and struck out former par. (17) which defined "intermediary nation". Pars. (18) to (27). Pub. L. 103-238, Sec. 12, added pars. (18) to (27). 1992 - Pars. (5) to (11). Pub. L. 102-582 added par. (5) and redesignated former pars. (5) to (10) as (6) to (11), respectively. Par. (12). Pub. L. 102-587 substituted "(A) Except as provided in subparagraph (B), the term" for "The term", redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B). See Construction of Amendment by Pub. L. 102-587 note below. Pub. L. 102-582 redesignated par. (11) as (12). Former par. (12) redesignated (13). Pars. (13), (14). Pub. L. 102-582 redesignated pars. (12) and (13) as (13) and (14), respectively. Former par. (14) redesignated (15). Par. (15). Pub. L. 102-582 redesignated par. (14), defining waters under the jurisdiction of the United States, as (15). Pub. L. 102-523 added par. (15) defining fishery. Pub. L. 102-251, Sec. 304, which directed the general amendment of par. (15) by reenacting the introductory provisions and subpars. (A) and (B) without substantial change and adding subpar. (C) which read "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.", was repealed by Pub. L. 104-297, Sec. 405(b)(2). Pars. (16), (17). Pub. L. 102-523 added pars. (16) and (17). 1981 - Par. (1). Pub. L. 97-58, Sec. 1(b)(2)(A), substituted a single management standard, that is, the maintenance of species at their optimum sustainable population, for the former management standard which had included the decline of a species or population stock that had declined to a significant degree over a period of years, the decline of a species or population stock which, if continued or resumed, would place the species or stock within the provisions of the Endangered Species Act of 1973, and a species or population stock that was below the optimum carrying capacity for the species or stock within its environment. Par. (2). Pub. L. 97-58, Sec. 1(b)(2)(B), substituted "their optimum sustainable population" for "the optimum carrying capacity of their habitat". Par. (8). Pub. L. 97-58, Sec. 1(a), (b)(2)(C), (D), redesignated par. (9) as (8) and substituted "carrying capacity" for "optimum carrying capacity". Former par. (8), which defined "optimum carrying capacity" was struck out. Pars. (9) to (12). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated pars. (9) to (13) as (8) to (12), respectively. Par. (13). Pub. L. 97-58, Sec. 1(b)(2)(C), (E), redesignated par. (14) as (13) and substituted "the Virgin Islands of the United States, American Samoa, Guam, and Northern Mariana Islands" for "the Canal Zone, the possessions of the United States, and the Trust Territory of the Pacific Islands". Former par. (13) redesignated (12). Pars. (14), (15). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated pars. (14) and (15) as (13) and (14), respectively. 1976 - Par. (15)(B). Pub. L. 94-265 substituted "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 outer 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" for "the fisheries zone established pursuant to the Act of October 14, 1966". 1973 - Par. (1)(B). Pub. L. 93-205 substituted "Endangered Species Act of 1973" for "Endangered Species Conservation Act of 1969". EFFECTIVE DATE OF 1997 AMENDMENT Section 8 of Pub. L. 105-42 provided that: "(a) Amendments to Take Effect When IDCP in Force. - Sections 3 through 7 of 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, and repealing sections 1412 to 1416 and 1418 of this title] (except for section 304 of the Marine Mammal Protection Act of 1972 as added by section 6 of this Act [section 1414a of this title]) shall become effective upon - "(1) certification by the Secretary of Commerce that - "(A) sufficient funding is available to complete the first year of the study required under section 304(a) of the Marine Mammal Protection Act of 1972, as so added; and "(B) the study has commenced; and "(2) certification by the Secretary of State to Congress that a binding resolution of the Inter-American Tropical Tuna Commission or other legally binding instrument establishing the International Dolphin Conservation Program has been adopted and is in force. "(b) Special Effective Date. - Notwithstanding subsection (a), the Secretary of Commerce may issue regulations under - "(1) subsection (f)(2) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f)(2)), as added by section 5(b) of this Act; "(2) section 303(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1413(a)), as added by section 6(c) of this Act, at any time after the date of enactment of this Act [Aug. 15, 1997]." [The Secretary of Commerce made the certification referred to in section 8(a)(1) of Pub. L. 105-42, set out above, on July 27, 1998, and the Secretary of State made the certification referred to in section 8(a)(2) of Pub. L. 105-42 on Mar. 3, 1999.] 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 1994 AMENDMENT Section 24(e) of Pub. L. 103-238 provided that: "The amendments made by subsection (a) [amending this section] shall be effective as if enacted as part of section 3004 of the Marine Mammal Health and Stranding Response Act (106 Stat. 5067) [Pub. L. 102-587]." EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251, set out as a note under section 773 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Section 404(b) of Pub. L. 94-265 provided that the amendment made by section 404(a) of Pub. L. 94-265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94-265 by Pub. L. 104-297. 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. CONSTRUCTION OF AMENDMENT BY PUB. L. 102-587 Section 24(a)(1) of Pub. L. 103-238 provided that: "The amendments set forth in section 3004(b) of the Marine Mammal Health and Stranding Response Act (106 Stat. 5067) [Pub. L. 102-587, amending this section] - "(A) are deemed to have been made by that section to section 3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)); and "(B) shall not be considered to have been made by that section to section 3(11) of that Act (16 U.S.C. 1362(11))." -TRANS- TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. -MISC2- 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. -EXEC- TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 16 USC SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS 01/02/2006 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 31 - MARINE MAMMAL PROTECTION SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS -HEAD- SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS -End- -CITE- 16 USC Sec. 1371 01/02/2006 -EXPCITE- TITLE 16 - CONSERVATION CHAPTER 31 - MARINE MAMMAL PROTECTION SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS -HEAD- Sec. 1371. Moratorium on taking and importing marine mammals and marine mammal products -STATUTE- (a) Imposition; exceptions There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases: (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, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under section 1374(c)(5) of this title, may be issued if the taking or 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, other than importation under section 1374(c)(5) of this title, which is consistent with the purposes and policies of section 1361 of this title. If the Secretary issues such a permit for importation, the Secretary shall issue to the importer concerned a certificate to that effect 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. (2) Marine mammals may be taken incidentally in the course of commercial fishing operations and permits may be issued therefor under section 1374 of this title subject to regulations prescribed by the Secretary in accordance with section 1373 of this title, 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. 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. In any event it shall be the immediate goal that the incidental kill or incidental serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. The Secretary of the Treasury shall ban the importation of commercial fish or products from fish which have been caught with commercial fishing technology which results in the incidental kill or incidental serious injury of ocean mammals in excess of United States standards. For purposes of applying the preceding sentence, the Secretary - (A) shall insist on reasonable proof from the government of any nation from which fish or fish products will be exported to the United States of the effects on ocean mammals of the commercial fishing technology in use for such fish or fish products exported from such nation to the United States; (B) in the case of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentary evidence that - (i)(I) the tuna or products therefrom were not banned from importation under this paragraph before the effective date of section 4 of the International Dolphin Conservation Program Act; or (II) the tuna or products therefrom were harvested after the effective date of section 4 of the International Dolphin Conservation Program Act by vessels of a nation which participates in the International Dolphin Conservation Program, and such harvesting nation is either a member of the Inter-American Tropical Tuna Commission or has initiated (and within 6 months thereafter completed) all steps required of applicant nations, in accordance with article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization; (ii) such nation is meeting the obligations of the International Dolphin Conservation Program and the obligations of membership in the Inter-American Tropical Tuna Commission, including all financial obligations; and (iii) the total dolphin mortality limits, and per-stock per- year dolphin mortality limits permitted for that nation's vessels under the International Dolphin Conservation Program do not exceed the limits determined for 1997, or for any year thereafter, consistent with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and the goal of eliminating dolphin mortality, and requirements of the International Dolphin Conservation Program; (C) shall not accept such documentary evidence if - (i) the government of the harvesting nation does not provide directly or authorize the Inter-American Tropical Tuna Commission to release complete and accurate information to the Secretary in a timely manner - (I) to allow determination of compliance with the International Dolphin Conservation Program; and (II) for the purposes of tracking and verifying compliance with the minimum requirements established by the Secretary in regulations promulgated under section 1385(f) of this title; or (ii) after taking into consideration such information, findings of the Inter-American Tropical Tuna Commission, and any other relevant information, including information that a nation is consistently failing to take enforcement actions on violations which diminish the effectiveness of the International Dolphin Conservation Program, the Secretary, in consultation with the Secretary of State, finds that the harvesting nation is not in compliance with the International Dolphin Conservation Program. (D) shall require the government of any intermediary nation to certify and provide reasonable proof to the Secretary that it has not imported, within the preceding six months, any yellowfin tuna or yellowfin tuna products that are subject to a direct ban on importation to the United States under subparagraph (B); (E) shall, six months after importation of yellowfin tuna or tuna products has been banned under this section, certify such fact to the President, which certification shall be deemed to be a certification for the purposes of section 1978(a) of title 22 for as long as such ban is in effect; and (F)(i) except as provided in clause (ii), in the case of fish or products containing fish harvested by a nation whose fishing vessels engage in high seas driftnet fishing, shall require that the government of the exporting nation provide documentary evidence that the fish or fish product was not harvested with a large-scale driftnet in the South Pacific Ocean after July 1, 1991, or in any other water of the high seas after January 1, 1993, and (ii) in the case of tuna or a product containing tuna harvested by a nation whose fishing vessels engage in high seas driftnet fishing, shall require that the government of the exporting nation provide documentary evidence that the tuna or tuna product was not harvested with a large-scale driftnet anywhere on the high seas after July 1, 1991. For purposes of subparagraph (F), the term "driftnet" has the meaning given such term in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note), 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. (3)(A) The Secretary, on the basis of the best scientific evidence available and in consultation with the Marine Mammal Commission, is authorized and directed, from time to time, having due regard to the distribution, abundance, breeding habits, and times and lines of migratory movements of such marine mammals, to determine when, to what extent, if at all, and by what means, it is compatible with this chapter to waive the requirements of this section so as to allow taking, or importing of any marine mammal, or any marine mammal product, and to adopt suitable regulations, issue permits, and make determinations in accordance with sections 1372, 1373, 1374, and 1381 of this title permitting and governing such taking and importing, in accordance with such determinations: Provided, however, That the Secretary, in making such determinations must be assured that the taking of such marine mammal is in accord with sound principles of resource protection and conservation as provided in the purposes and policies of this chapter: Provided, further, however, That no marine mammal or no marine mammal product may be imported into the United States unless the Secretary certifies that the program for taking marine mammals in the country of origin is consistent with the provisions and policies of this chapter. Products of nations not so certified may not be imported into the United States for any purpose, including processing for exportation. (B) Except for scientific research purposes, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock as provided for in paragraph (1) of this subsection, or as provided for under paragraph (5) of this subsection, during the moratorium no permit may be issued for the taking of any marine mammal which has been designated by the Secretary as depleted, and no importation may be made of any such mammal. (4)(A) Except as provided in subparagraphs (B) and (C), the provisions of this chapter shall not apply to the use of measures - (i) by the owner of fishing gear or catch, or an employee or agent of such owner, to deter a marine mammal from damaging the gear or catch; (ii) by the owner of other private property, or an agent, bailee, or employee of such owner, to deter a marine mammal from damaging private property; (iii) by any person, to deter a marine mammal from endangering personal safety; or (iv) by a government employee, to deter a marine mammal from damaging public property, so long as such measures do not result in the death or serious injury of a marine mammal. (B) The Secretary shall, through consultation with appropriate experts, and after notice and opportunity for public comment, publish in the Federal Register a list of guidelines for use in safely deterring marine mammals. In the case of marine mammals listed as endangered species or threatened species under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], the Secretary shall recommend specific measures which may be used to nonlethally deter marine mammals. Actions to deter marine mammals consistent with such guidelines or specific measures shall not be a violation of this chapter. (C) If the Secretary determines, using the best scientific information available, that certain forms of deterrence have a significant adverse effect on marine mammals, the Secretary may prohibit such deterrent methods, after notice and opportunity for public comment, through regulation under this chapter. (D) The authority to deter marine mammals pursuant to subparagraph (A) applies to all marine mammals, including all stocks designated as depleted under this chapter. (5)(A)(i) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking by citizens while engaging in that activity within that region of small numbers of marine mammals of a species or population stock if the Secretary, after notice (in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the coastal areas that may be affected by such activity) and opportunity for public comment - (I) finds that the total of such taking during each five-year (or less) period concerned will have a negligible impact on such species or stock and will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) of this section or section 1379(f) of this title 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; and (II) prescribes regulations setting forth - (aa) permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for subsistence uses; and (bb) requirements pertaining to the monitoring and reporting of such taking. (ii) For a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), a determination of "least practicable adverse impact on such species or stock" under clause (i)(II)(aa) shall include consideration of personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. Before making the required determination, the Secretary shall consult with the Department of Defense regarding personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. (iii) Notwithstanding clause (i), for any authorization affecting a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in the Federal Register. (B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class basis, as appropriate) the permission to take marine mammals under subparagraph (A) pursuant to a specified activity within a specified geographical region if the Secretary finds, after notice and opportunity for public comment (as required under subparagraph (A) unless subparagraph (C)(i) applies), that - (i) the regulations prescribed under subparagraph (A) regarding methods of taking, monitoring, or reporting are not being substantially complied with by a person engaging in such activity; or (ii) the taking allowed under subparagraph (A) pursuant to one or more activities within one or more regions is having, or may have, more than a negligible impact on the species or stock concerned. (C)(i) The requirement for notice and opportunity for public comment in subparagraph (B) shall not apply in the case of a suspension of permission to take if the Secretary determines that an emergency exists which poses a significant risk to the well- being of the species or stock concerned. (ii) Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this paragraph. (D)(i) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specific geographic region, the Secretary shall authorize, for periods of not more than 1 year, subject to such conditions as the Secretary may specify, the incidental, but not intentional, taking by harassment of small numbers of marine mammals of a species or population stock by such citizens while engaging in that activity within that region if the Secretary finds that such harassment during each period concerned - (I) will have a negligible impact on such species or stock, and (II) will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) of this section, or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title. (ii) The authorization for such activity shall prescribe, where applicable - (I) permissible methods of taking by harassment pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) of this section or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title, (II) the measures that the Secretary determines are necessary to ensure no unmitigable adverse impact on the availability of the species or stock for taking for subsistence uses pursuant to subsection (b) of this section or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title, and (III) requirements pertaining to the monitoring and reporting of such taking by harassment, including requirements for the independent peer review of proposed monitoring plans or other research proposals where the proposed activity may affect the availability of a species or stock for taking for subsistence uses pursuant to subsection (b) of this section or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title. (iii) The Secretary shall publish a proposed authorization not later than 45 days after receiving an application under this subparagraph and request public comment through notice in the Federal Register, newspapers of general circulation, and appropriate electronic media and to all locally affected communities for a period of 30 days after publication. Not later than 45 days after the close of the public comment period, if the Secretary makes the findings set forth in clause (i), the Secretary shall issue an authorization with appropriate conditions to meet the requirements of clause (ii). (iv) The Secretary shall modify, suspend, or revoke an authorization if the Secretary finds that the provisions of clauses (i) or (ii) are not being met. (v) A person conducting an activity for which an authorization has been granted under this subparagraph shall not be subject to the penalties of this chapter for taking by harassment that occurs in compliance with such authorization. (vi) For a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), a determination of "least practicable adverse impact on such species or stock" under clause (i)(I) shall include consideration of personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. Before making the required determination, the Secretary shall consult with the Department of Defense regarding personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. (vii) Notwithstanding clause (iii), for any authorization affecting a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in the Federal Register. (E)(i) During any period of up to 3 consecutive years, the Secretary shall allow the incidental, but not the intentional, taking by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary in accordance with section 1824(b) of this title, while engaging in commercial fishing operations, of marine mammals from a species or stock designated as depleted because of its listing as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary, after notice and opportunity for public comment, determines that - (I) the incidental mortality and serious injury from commercial fisheries will have a negligible impact on such species or stock; (II) a recovery plan has been developed or is being developed for such species or stock pursuant to the Endangered Species Act of 1973; and (III) where required under section 1387 of this title, a monitoring program is established under subsection (d) of such section, vessels engaged in such fisheries are registered in accordance with such section, and a take reduction plan has been developed or is being developed for such species or stock. (ii) Upon a determination by the Secretary that the requirements of clause (i) have been met, the Secretary shall publish in the Federal Register a list of those fisheries for which such determination was made, and, for vessels required to register under section 1387 of this title, shall issue an appropriate permit for each authorization granted under such section to vessels to which this paragraph applies. Vessels engaged in a fishery included in the notice published by the Secretary under this clause which are not required to register under section 1387 of this title shall not be subject to the penalties of this chapter for the incidental taking of marine mammals to which this paragraph applies, so long as the owner or master of such vessel reports any incidental mortality or injury of such marine mammals to the Secretary in accordance with section 1387 of this title. (iii) If, during the course of the commercial fishing season, the Secretary determines that the level of incidental mortality or serious injury from commercial fisheries for which a determination was made under clause (i) has resulted or is likely to result in an impact that is more than negligible on the endangered or threatened species or stock, the Secretary shall use the emergency authority granted under section 1387 of this title to protect such species or stock, and may modify any permit granted under this paragraph as necessary. (iv) The Secretary may suspend for a time certain or revoke a permit granted under this subparagraph only if the Secretary determines that the conditions or limitations set forth in such permit are not being complied with. The Secretary may amend or modify, after notice and opportunity for public comment, the list of fisheries published under clause (ii) whenever the Secretary determines there has been a significant change in the information or conditions used to determine such list. (v) Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this subparagraph. (vi) This subparagraph shall not govern the incidental taking of California sea otters and shall not be deemed to amend or repeal the Act of November 7, 1986 (Public Law 99-625; 100 Stat. 3500). (F) Notwithstanding the provisions of this subsection, any authorization affecting a military readiness activity (as defined in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note) shall not be subject to the following requirements: (i) In subparagraph (A), "within a specified geographical region" and "within that region of small numbers". (ii) In subparagraph (B), "within a specified geographical region" and "within one or more regions". (iii) In subparagraph (D), "within a specific geographic region", "of small numbers", and "within that region". (6)(A) A marine mammal product may be imported into the United States if the product - (i) was legally possessed and exported by any citizen of the United States in conjunction with travel outside the United States, provided that the product is imported into the United States by the same person upon the termination of travel; (ii) was acquired outside of the United States as part of a cultural exchange by an Indian, Aleut, or Eskimo residing in Alaska; or (iii) is owned by a Native inhabitant of Russia, Canada, or Greenland and is imported for noncommercial purposes in conjunction with travel within the United States or as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alaska. (B) For the purposes of this paragraph, the term - (i) "Native inhabitant of Russia, Canada, or Greenland" means a person residing in Russia, Canada, or Greenland who is related by blood, is a member of the same clan or ethnological grouping, or shares a common heritage with an Indian, Aleut, or Eskimo residing in Alaska; and (ii) "cultural exchange" means the sharing or exchange of ideas, information, gifts, clothing, or handicrafts between an Indian, Aleut, or Eskimo residing in Alaska and a Native inhabitant of Russia, Canada, or Greenland, including rendering of raw marine mammal parts as part of such exchange into clothing or handicrafts through carving, painting, sewing, or decorating. (b) Exemptions for Alaskan natives 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 who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking - (1) is for subsistence purposes; or (2) is done for purposes of creating and selling authentic native articles of handicrafts and clothing: Provided, That only authentic native articles of handicrafts and clothing may be sold in interstate commerce: And provided further, That any edible portion of marine mammals may be sold in native villages and towns in Alaska or for native consumption. For the purposes of this subsection, the term "authentic native articles of handicrafts and clothing" means items composed wholly or in some significant respect of natural materials, and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other mass copying devices. Traditional native handicrafts include, but are not limited to weaving, carving, stitching, sewing, lacing, beading, drawing and painting; and (3) in each case, is not accomplished in a wasteful manner. Notwithstanding the preceding provisions of this subsection, when, under this chapter, the Secretary determines any species or stock of marine mammal subject to taking by Indians, Aleuts, or Eskimos to be depleted, he may prescribe regulations upon the taking of such marine mammals by any Indian, Aleut, or Eskimo described in this subsection. Such regulations may be established with reference to species or stocks, geographical description of the area included, the season for taking, or any other factors related to the reason for establishing such regulations and consistent with the purposes of this chapter. Such regulations shall be prescribed after notice and hearing required by section 1373 of this title and shall be removed as soon as the Secretary determines that the need for their imposition has disappeared. 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. (c) Taking in defense of self or others It shall not be a violation of this chapter to take a marine mammal if such taking is imminently necessary in self-defense or to save the life of a person in immediate danger, and such taking is reported to the Secretary within 48 hours. The Secretary may seize and dispose of any carcass. (d) Good Samaritan exemption It shall not be a violation of this chapter to take a marine mammal if - (1) such taking is imminently necessary to avoid serious injury, additional injury, or death to a marine mammal entangled in fishing gear or debris; (2) reasonable care is taken to ensure the safe release of the marine mammal, taking into consideration the equipment, expertise, and conditions at hand; (3) reasonable care is exercised to prevent any further injury to the marine mammal; and (4) such taking is reported to the Secretary within 48 hours. (e) Chapter not to apply to incidental takings by United States citizens employed on foreign vessels outside United States EEZ The provisions of this chapter shall not apply to a citizen of the United States who incidentally takes any marine mammal during fishing operations outside the United States exclusive economic zone (as defined in section 1802 of this title) when employed on a foreign fishing vessel of a harvesting nation which is in compliance with the International Dolphin Conservation Program. (f) Exemption of actions necessary for national defense (1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may exempt any action or category of actions undertaken by the Department of Defense or its components from compliance with any requirement of this chapter, if the Secretary determines that it is necessary for national defense. (2) An exemption granted under this subsection - (A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of Defense; and (B) shall not be effective for more than 2 years. (3)(A) The Secretary of Defense may issue additional exemptions under this subsection for the same action or category of actions, after - (i) conferring with the Secretary of Commerce, the Secretary of the Interior, or both as appropriate; and (ii) making a new determination that the additional exemption is necessary for national defense. (B) Each additional exemption under this paragraph shall be effective for a period specified by the Secretary of Defense, of not more than 2 years. (4) Not later than 30 days after issuing an exemption under paragraph (1) or an additional exemption under paragraph (3), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate notice describing the exemption and the reasons therefor. The notice may be provided in classified form if the Secretary of Defense determines that use of the classified form is necessary for reasons of national security. -SOURCE- (Pub. L. 92-522, title I, Sec. 101, Oct. 21, 1972, 86 Stat. 1029; Pub. L. 93-205, Sec. 13(e)(2), Dec. 28, 1973, 87 Stat. 903; Pub. L. 97-58, Sec. 2, Oct. 9, 1981, 95 Stat. 979; Pub. L. 98-364, title I, Sec. 101, July 17, 1984, 98 Stat. 440; Pub. L. 99-659, title IV, Sec. 411(a), Nov. 14, 1986, 100 Stat. 3741; Pub. L. 100-711, Secs. 4(a), 5(c), (e)(1), Nov. 23, 1988, 102 Stat. 4765, 4769, 4771; Pub. L. 101-627, title IX, Sec. 901(g), Nov. 28, 1990, 104 Stat. 4467; Pub. L. 102-582, title I, Sec. 103, title IV, Sec. 401(b), Nov. 2, 1992, 106 Stat. 4903, 4909; Pub. L. 103-238, Sec. 4, Apr. 30, 1994, 108 Stat. 532; 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. 105-18, title II, Sec. 2003, June 12, 1997, 111 Stat. 174; Pub. L. 105-42, Sec. 4(a)-(c), Aug. 15, 1997, 111 Stat. 1123, 1124; Pub. L. 108-136, div. A, title III, Sec. 319(b), (c), Nov. 24, 2003, 117 Stat. 1434.) -REFTEXT- REFERENCES IN TEXT The effective date of this chapter, referred to in subsec. (a), 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. 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. -End- -CITE- 16 USC Sec. 1372 01/02/2006 -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. -End- -CITE- 16 USC Sec. 1373 01/02/2006 -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 re