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| CHAPTER 31---MARINE MAMMAL PROTECTION                                 |
+-----------------------------------------------------------------------+
| Release date: 2004-04-30                                              |
+-----------------------------------------------------------------------+
| -   [SUBCHAPTER                                                       |
|     I](http://assembler.law.cornel                                    |
| l.edu/uscode/html/uscode16/usc_sup_01_16_10_31_20_I.html)---GENERALLY |
|                                                                       |
|     -   [§ 1361](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001361----000-.html). |
|         Congressional findings and declaration of policy              |
|                                                                       |
|     -   [§ 1362](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001362----000-.html). |
|         Definitions                                                   |
|                                                                       |
| -   [SUBCHAPTER                                                       |
|     II](http://assembler.law.cornell.ed                               |
| u/uscode/html/uscode16/usc_sup_01_16_10_31_20_II.html)---CONSERVATION |
|     AND PROTECTION OF MARINE MAMMALS                                  |
|                                                                       |
|     -   [§ 1371](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html). |
|         Moratorium on taking and importing marine mammals and marine  |
|         mammal products                                               |
|                                                                       |
|     -   [§ 1372](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001372----000-.html). |
|         Prohibitions                                                  |
|                                                                       |
|     -   [§ 1373](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html). |
|         Regulations on taking of marine mammals                       |
|                                                                       |
|     -   [§ 1374](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html). |
|         Permits                                                       |
|                                                                       |
|     -   [§ 1375](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html). |
|         Penalties                                                     |
|                                                                       |
|     -   [§ 1375a](http://assembler.la                                 |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375---a000-.html). |
|         Use of fines for protection and recovery of manatees, polar   |
|         bears, sea otters, and walruses                               |
|                                                                       |
|     -   [§ 1376](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001376----000-.html). |
|         Seizure and forfeiture of cargo                               |
|                                                                       |
|     -   [§ 1377](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001377----000-.html). |
|         Enforcement                                                   |
|                                                                       |
|     -   [§ 1378](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001378----000-.html). |
|         International program                                         |
|                                                                       |
|     -   [§ 1379](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html). |
|         Transfer of management authority                              |
|                                                                       |
|     -   [§ 1380](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001380----000-.html). |
|         Marine mammal research grants                                 |
|                                                                       |
|     -   [§ 1381](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001381----000-.html). |
|         Commercial fisheries gear development                         |
|                                                                       |
|     -   [§ 1382](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001382----000-.html). |
|         Regulations and administration                                |
|                                                                       |
|     -   [§ 1383](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383----000-.html). |
|         Application to other treaties and conventions                 |
|                                                                       |
|     -   [§ 1383a](http://assembler.la                                 |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---a000-.html). |
|         Interim exemption for commercial fisheries                    |
|                                                                       |
|     -   [§ 1383b](http://assembler.la                                 |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---b000-.html). |
|         Status review; conservation plans                             |
|                                                                       |
|     -   [§ 1384](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001384----000-.html). |
|         Authorization of appropriations                               |
|                                                                       |
|     -   [§ 1385](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001385----000-.html). |
|         Dolphin protection                                            |
|                                                                       |
|     -   [§ 1386](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html). |
|         Stock assessments                                             |
|                                                                       |
|     -   [§ 1387](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html). |
|         Taking of marine mammals incidental to commercial fishing     |
|         operations                                                    |
|                                                                       |
|     -   [§ 1388](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001388----000-.html). |
|         Marine mammal cooperative agreements in Alaska                |
|                                                                       |
|     -   [§ 1389](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001389----000-.html). |
|         Pacific Coast Task Force; Gulf of Maine                       |
|                                                                       |
| -   [SUBCHAPTER                                                       |
|     III](http://assembler.law.corne                                   |
| ll.edu/uscode/html/uscode16/usc_sup_01_16_10_31_20_III.html)---MARINE |
|     MAMMAL COMMISSION                                                 |
|                                                                       |
|     -   [§ 1401](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001401----000-.html). |
|         Establishment                                                 |
|                                                                       |
|     -   [§ 1402](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001402----000-.html). |
|         Duties of Commission                                          |
|                                                                       |
|     -   [§ 1403](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001403----000-.html). |
|         Committee of Scientific Advisors on Marine Mammals            |
|                                                                       |
|     -   [§ 1404](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001404----000-.html). |
|         Omitted                                                       |
|                                                                       |
|     -   [§ 1405](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001405----000-.html). |
|         Coordination with other Federal agencies                      |
|                                                                       |
|     -   [§ 1406](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001406----000-.html). |
|         Administration                                                |
|                                                                       |
|     -   [§ 1407](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001407----000-.html). |
|         Authorization of appropriations                               |
+-----------------------------------------------------------------------+
| **§ 1361. Congressional findings and declaration of policy**          |
+-----------------------------------------------------------------------+
| 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.                                   |
+-----------------------------------------------------------------------+
| **§ 1362. Definitions**                                               |
+-----------------------------------------------------------------------+
| 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html) |
| > 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                                                                |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.\].                                                          |
| >                                                                     |
| > **(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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(2)(B)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#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 [\[1\]](http://assembler.law.cornell.e                           |
| du/uscode/html/uscode16/usc_sec_16_00001362----000-.html#FN-1%23FN-1) |
| > section                                                             |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title and subchapter V of this chapter (other than section  |
| > [1421f--1](http://assembler.l                                       |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001421---f001-.html) |
| > 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)** 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).                                               |
| >                                                                     |
| > **(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                            |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.\] within the foreseeable future; or                         |
| >                                                                     |
| > **(C)** which is listed as a threatened species or endangered       |
| > species under the Endangered Species Act of 1973                    |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001852----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title.                                                      |
| >                                                                     |
| > **(25)** The term "take reduction team" means a team established    |
| > under section                                                       |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > 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.      |
+-----------------------------------------------------------------------+
| **§ 1371. Moratorium on taking and importing marine mammals and       |
| marine mammal products**                                              |
+-----------------------------------------------------------------------+
| **(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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > [(c)(5)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > [(c)(5)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html#c_5) |
| > of this title, which is consistent with the purposes and policies   |
| > of section                                                          |
| > [1361](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001361----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > of this title subject to regulations prescribed by the Secretary in |
| > accordance with section                                             |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > of this title, or in lieu of such permits, authorizations may be    |
| > granted therefor under section                                      |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title, subject to regulations prescribed under that section |
| > by the Secretary without regard to section                          |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001385----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001385----000-.html#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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode22/usc_sec_22_00001978----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode22/usc_sec_22_00001978----000-.html#a) |
| > of title                                                            |
| > [22](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode22/usc_sup_01_22.html) |
| > 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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. [1822                                                        |
| > note](http://assembler.law.co                                       |
| rnell.edu/uscode/html/uscode16/usc_sec_16_00001822----000-notes.html) |
| > ), 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](http://assembler.la                                          |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001372----000-.html), |
| > [1373](http://assembler.la                                          |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html), |
| > [1374](http://assembler.la                                          |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html), |
| > and                                                                 |
| > [1381](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001381----000-.html) |
| > 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                                      |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.\], 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)** 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html#f) |
| > of this title or, in the case of a cooperative agreement under both |
| > this chapter and the Whaling Convention Act of 1949                 |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [916](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000916----000-.html) |
| > et seq.), pursuant to section                                       |
| > [1382](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001382----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001382----000-.html#c) |
| > of this title; and                                                  |
| >                                                                     |
| > **(ii)** prescribes regulations setting forth---                    |
| >                                                                     |
| > **(I)** 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                                               |
| >                                                                     |
| > **(II)** requirements pertaining to the monitoring and reporting of |
| > such taking.                                                        |
| >                                                                     |
| > **(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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > and                                                                 |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html#f) |
| > of this title or pursuant to a cooperative agreement under section  |
| > [1388](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001388----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html#f) |
| > of this title or pursuant to a cooperative agreement under section  |
| > [1388](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001388----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html#f) |
| > of this title or pursuant to a cooperative agreement under section  |
| > [1388](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001388----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html#f) |
| > of this title or pursuant to a cooperative agreement under section  |
| > [1388](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001388----000-.html) |
| > 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.                              |
| >                                                                     |
| > **(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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html#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](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > and                                                                 |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > 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](http://assembler.law.cornell.edu/usc-cgi/get                  |
| _external.cgi?type=statRef&target=date:nonech:nonestatnum:100_3500)). |
| >                                                                     |
| > **(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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html) |
| 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| [(b)(2)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001802----000-.html) |
| of this title) when employed on a foreign fishing vessel of a         |
| harvesting nation which is in compliance with the International       |
| Dolphin Conservation Program.                                         |
+-----------------------------------------------------------------------+
| **§ 1372. Prohibitions**                                              |
+-----------------------------------------------------------------------+
| **(a)** Taking                                                        |
|                                                                       |
| Except as provided in sections                                        |
| [1371](http://assembler.la                                            |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html), |
| [1373](http://assembler.la                                            |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html), |
| [1374](http://assembler.la                                            |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html), |
| [1379](http://assembler.la                                            |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001379----000-.html), |
| [1381](http://assembler.la                                            |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001381----000-.html), |
| [1383](http://assembler.la                                            |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383----000-.html), |
| [1383a](http://assembler.la                                           |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---a000-.html), |
| and                                                                   |
| [1387](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| [(c)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html#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.                             |
+-----------------------------------------------------------------------+
| **§ 1373. Regulations on taking of marine mammals**                   |
+-----------------------------------------------------------------------+
| **(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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001361----000-.html) |
| 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](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > 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](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| [(a)(3)(A)](http://assembler.law.cor                                  |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_3_A) |
| of this title and on such regulations, except that, in addition to    |
| any other requirements, imposed by law with respect to agency         |
| rulemaking, the Secretary shall publish and make available to the     |
| public either before or concurrent with the Publication of notice in  |
| the Federal Register of his intention to prescribe regulations under  |
| this section---                                                       |
|                                                                       |
| > **(1)** a statement of the estimated existing levels of the species |
| > and population stocks of the marine mammal concerned;               |
| >                                                                     |
| > **(2)** a statement of the expected impact of the proposed          |
| > regulations on the optimum sustainable population of such species   |
| > or population stock;                                                |
| >                                                                     |
| > **(3)** a statement describing the evidence before the Secretary    |
| > upon which he proposes to base such regulations; and                |
| >                                                                     |
| > **(4)** any studies made by or for the Secretary or any             |
| > recommendations made by or for the Secretary or the Marine Mammal   |
| > Commission which relate to the establishment of such regulations.   |
|                                                                       |
| **(e)** Periodic review                                               |
|                                                                       |
| Any regulation prescribed pursuant to this section shall be           |
| periodically reviewed, and may be modified from time to time in such  |
| manner as the Secretary deems consistent with and necessary to carry  |
| out the purposes of this chapter.                                     |
|                                                                       |
| **(f)** Report to Congress                                            |
|                                                                       |
| Within six months after the effective date of this chapter and every  |
| twelve months thereafter, the Secretary shall report to the public    |
| through publication in the Federal Register and to the Congress on    |
| the current status of all marine mammal species and population stocks |
| subject to the provisions of this chapter. His report shall describe  |
| those actions taken and those measures believed necessary, including  |
| where appropriate, the issuance of permits pursuant to this           |
| subchapter to assure the well-being of such marine mammals.           |
+-----------------------------------------------------------------------+
| **§ 1374. Permits**                                                   |
+-----------------------------------------------------------------------+
| **(a)** Issuance                                                      |
|                                                                       |
| The Secretary may issue permits which authorize the taking or         |
| importation of any marine mammal. Permits for the incidental taking   |
| of marine mammals in the course of commercial fishing operations may  |
| only be issued as specifically provided for in                        |
| sections [\[1\]](http://assembler.law.cornell.e                       |
| du/uscode/html/uscode16/usc_sec_16_00001374----000-.html#FN-1%23FN-1) |
| 1371(a)(5) or 1416 of this title, or subsection (h) of this section.  |
|                                                                       |
| **(b)** Requisite provisions                                          |
|                                                                       |
| Any permit issued under this section shall---                         |
|                                                                       |
| > **(1)** be consistent with any applicable regulation established by |
| > the Secretary under section                                         |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > of this title, and                                                  |
| >                                                                     |
| > **(2)** specify---                                                  |
| >                                                                     |
| > **(A)** the number and kind of animals which are authorized to be   |
| > taken or imported,                                                  |
| >                                                                     |
| > **(B)** the location and manner (which manner must be determined by |
| > the Secretary to be humane) in which they may be taken, or from     |
| > which they may be imported,                                         |
| >                                                                     |
| > **(C)** the period during which the permit is valid, and            |
| >                                                                     |
| > **(D)** any other terms or conditions which the Secretary deems     |
| > appropriate.                                                        |
| >                                                                     |
| > In any case in which an application for a permit cites as a reason  |
| > for the proposed taking the overpopulation of a particular species  |
| > or population stock, the Secretary shall first consider whether or  |
| > not it would be more desirable to transplant a number of animals    |
| > (but not to exceed the number requested for taking in the           |
| > application) of that species or stock to a location not then        |
| > inhabited by such species or stock but previously inhabited by such |
| > species or stock.                                                   |
|                                                                       |
| **(c)** Importation for scientific research, public display, or       |
| enhancing survival or recovery of species or stock                    |
|                                                                       |
| > **(1)** Any permit issued by the Secretary which authorizes the     |
| > taking or importation of a marine mammal for purposes of scientific |
| > research, public display, or enhancing the survival or recovery of  |
| > a species or stock shall specify, in addition to the conditions     |
| > required by subsection (b) of this section, the methods of capture, |
| > supervision, care, and transportation which must be observed        |
| > pursuant to such taking or importation. Any person authorized to    |
| > take or import a marine mammal for purposes of scientific research, |
| > public display, or enhancing the survival or recovery of a species  |
| > or stock shall furnish to the Secretary a report on all activities  |
| > carried out by him pursuant to that authority.                      |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** A permit may be issued to take or import a marine mammal    |
| > for the purpose of public display only to a person which the        |
| > Secretary determines---                                             |
| >                                                                     |
| > **(i)** offers a program for education or conservation purposes     |
| > that is based on professionally recognized standards of the public  |
| > display community;                                                  |
| >                                                                     |
| > **(ii)** is registered or holds a license issued under              |
| > [7](htt                                                             |
| p://assembler.law.cornell.edu/uscode/html/uscode07/usc_sup_01_7.html) |
| > U.S.C.                                                              |
| > [2131](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode07/usc_sec_07_00002131----000-.html) |
| > et seq.; and                                                        |
| >                                                                     |
| > **(iii)** maintains facilities for the public display of marine     |
| > mammals that are open to the public on a regularly scheduled basis  |
| > and that access to such facilities is not limited or restricted     |
| > other than by charging of an admission fee.                         |
| >                                                                     |
| > **(B)** A permit under this paragraph shall grant to the person to  |
| > which it is issued the right, without obtaining any additional      |
| > permit or authorization under this chapter, to---                   |
| >                                                                     |
| > **(i)** take, import, purchase, offer to purchase, possess, or      |
| > transport the marine mammal that is the subject of the permit; and  |
| >                                                                     |
| > **(ii)** sell, export, or otherwise transfer possession of the      |
| > marine mammal, or offer to sell, export, or otherwise transfer      |
| > possession of the marine mammal---                                  |
| >                                                                     |
| > **(I)** for the purpose of public display, to a person that meets   |
| > the requirements of clauses (i), (ii), and (iii) of subparagraph    |
| > (A);                                                                |
| >                                                                     |
| > **(II)** for the purpose of scientific research, to a person that   |
| > meets the requirements of paragraph (3); or                         |
| >                                                                     |
| > **(III)** for the purpose of enhancing the survival or recovery of  |
| > a species or stock, to a person that meets the requirements of      |
| > paragraph (4).                                                      |
| >                                                                     |
| > **(C)** A person to which a marine mammal is sold or exported or to |
| > which possession of a marine mammal is otherwise transferred under  |
| > the authority of subparagraph (B) shall have the rights and         |
| > responsibilities described in subparagraph (B) with respect to the  |
| > marine mammal without obtaining any additional permit or            |
| > authorization under this chapter. Such responsibilities shall be    |
| > limited to---                                                       |
| >                                                                     |
| > **(i)** for the purpose of public display, the responsibility to    |
| > meet the requirements of clauses (i), (ii), and (iii) of            |
| > subparagraph (A),                                                   |
| >                                                                     |
| > **(ii)** for the purpose of scientific research, the responsibility |
| > to meet the requirements of paragraph (3), and                      |
| >                                                                     |
| > **(iii)** for the purpose of enhancing the survival or recovery of  |
| > a species or stock, the responsibility to meet the requirements of  |
| > paragraph (4).                                                      |
| >                                                                     |
| > **(D)** If the Secretary---                                         |
| >                                                                     |
| > **(i)** finds in concurrence with the Secretary of Agriculture,     |
| > that a person that holds a permit under this paragraph for a marine |
| > mammal, or a person exercising rights under subparagraph (C), no    |
| > longer meets the requirements of subparagraph (A)(ii) and is not    |
| > reasonably likely to meet those requirements in the near future, or |
| >                                                                     |
| > **(ii)** finds that a person that holds a permit under this         |
| > paragraph for a marine mammal, or a person exercising rights under  |
| > subparagraph (C), no longer meets the requirements of subparagraph  |
| > (A)(i) or (iii) and is not reasonably likely to meet those          |
| > requirements in the near future,                                    |
| >                                                                     |
| > the Secretary may revoke the permit in accordance with subsection   |
| > (e) of this section, seize the marine mammal, or cooperate with     |
| > other persons authorized to hold marine mammals under this chapter  |
| > for disposition of the marine mammal. The Secretary may recover     |
| > from the person expenses incurred by the Secretary for that         |
| > seizure.                                                            |
| >                                                                     |
| > **(E)** No marine mammal held pursuant to a permit issued under     |
| > subparagraph (A), or by a person exercising rights under            |
| > subparagraph (C), may be sold, purchased, exported, or transported  |
| > unless the Secretary is notified of such action no later than 15    |
| > days before such action, and such action is for purposes of public  |
| > display, scientific research, or enhancing the survival or recovery |
| > of a species or stock. The Secretary may only require the           |
| > notification to include the information required for the inventory  |
| > established under paragraph (10).                                   |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** The Secretary may issue a permit under this paragraph for   |
| > scientific research purposes to an applicant which submits with its |
| > permit application information indicating that the taking is        |
| > required to further a bona fide scientific purpose. The Secretary   |
| > may issue a permit under this paragraph before the end of the       |
| > public review and comment period required under subsection (d)(2)   |
| > of this section if delaying issuance of the permit could result in  |
| > injury to a species, stock, or individual, or in loss of unique     |
| > research opportunities.                                             |
| >                                                                     |
| > **(B)** No permit issued for purposes of scientific research shall  |
| > authorize the lethal taking of a marine mammal unless the applicant |
| > demonstrates that a nonlethal method of conducting the research is  |
| > not feasible. The Secretary shall not issue a permit for research   |
| > which involves the lethal taking of a marine mammal from a species  |
| > or stock that is depleted, unless the Secretary determines that the |
| > results of such research will directly benefit that species or      |
| > stock, or that such research fulfills a critically important        |
| > research need.                                                      |
| >                                                                     |
| > **(C)** Not later than 120 days after April 30, 1994, the Secretary |
| > shall issue a general authorization and implementing regulations    |
| > allowing bona fide scientific research that may result only in      |
| > taking by Level B harassment of a marine mammal. Such authorization |
| > shall apply to persons which submit, by 60 days before commencement |
| > of such research, a letter of intent via certified mail to the      |
| > Secretary containing the following:                                 |
| >                                                                     |
| > **(i)** The species or stocks of marine mammals which may be        |
| > harassed.                                                           |
| >                                                                     |
| > **(ii)** The geographic location of the research.                   |
| >                                                                     |
| > **(iii)** The period of time over which the research will be        |
| > conducted.                                                          |
| >                                                                     |
| > **(iv)** The purpose of the research, including a description of    |
| > how the definition of bona fide research as established under this  |
| > chapter would apply.                                                |
| >                                                                     |
| > **(v)** Methods to be used to conduct the research.                 |
| >                                                                     |
| > Not later than 30 days after receipt of a letter of intent to       |
| > conduct scientific research under the general authorization, the    |
| > Secretary shall issue a letter to the applicant confirming that the |
| > general authorization applies, or, if the proposed research is      |
| > likely to result in the taking (including Level A harassment) of a  |
| > marine mammal, shall notify the applicant that subparagraph (A)     |
| > applies.                                                            |
| >                                                                     |
| > **(4)**                                                             |
| >                                                                     |
| > **(A)** A permit may be issued for enhancing the survival or        |
| > recovery of a species or stock only with respect to a species or    |
| > stock for which the Secretary, after consultation with the Marine   |
| > Mammal Commission and after notice and opportunity for public       |
| > comment, has first determined that---                               |
| >                                                                     |
| > **(i)** taking or importation is likely to contribute significantly |
| > to maintaining or increasing distribution or numbers necessary to   |
| > ensure the survival or recovery of the species or stock; and        |
| >                                                                     |
| > **(ii)** taking or importation is consistent                        |
| >                                                                     |
| > **(I)** with any conservation plan adopted by the Secretary under   |
| > section                                                             |
| > [1383b](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---b000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---b000-.html#b) |
| > of this title or any recovery plan developed under section          |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#f) |
| > of this title for the species or stock, or                          |
| >                                                                     |
| > **(II)** if there is no conservation or recovery plan in place,     |
| > with the Secretary's evaluation of the actions required to enhance  |
| > the survival or recovery of the species or stock in light of the    |
| > factors that would be addressed in a conservation plan or a         |
| > recovery plan.                                                      |
| >                                                                     |
| > **(B)** A permit issued in accordance with this paragraph may allow |
| > the captive maintenance of a marine mammal from a depleted species  |
| > or stock only if the Secretary---                                   |
| >                                                                     |
| > **(i)** determines that captive maintenance is likely to contribute |
| > to the survival or recovery of the species or stock by maintaining  |
| > a viable gene pool, increasing productivity, providing biological   |
| > information, or establishing animal reserves;                       |
| >                                                                     |
| > **(ii)** determines that the expected benefit to the affected       |
| > species or stock outweighs the expected benefit of alternatives     |
| > which do not require removal of animals from the wild; and          |
| >                                                                     |
| > **(iii)** requires that the marine mammal or its progeny be         |
| > returned to the natural habitat of the species or stock as soon as  |
| > feasible, consistent with the objectives of any applicable          |
| > conservation plan or recovery plan, or of any evaluation by the     |
| > Secretary under subparagraph (A).                                   |
| >                                                                     |
| > The Secretary may allow the public display of such a marine mammal  |
| > only if the Secretary determines that such display is incidental to |
| > the authorized maintenance and will not interfere with the          |
| > attainment of the survival or recovery objectives.                  |
| >                                                                     |
| > **(5)**                                                             |
| >                                                                     |
| > **(A)** The Secretary may issue a permit for the importation of     |
| > polar bear parts (other than internal organs) taken in sport hunts  |
| > in Canada to an applicant which submits with its permit application |
| > proof that the polar bear was legally harvested in Canada by the    |
| > applicant. Such a permit shall be issued if the Secretary, in       |
| > consultation with the Marine Mammal Commission and after notice and |
| > opportunity for public comment, finds that---                       |
| >                                                                     |
| > **(i)** Canada has a monitored and enforced sport hunting program   |
| > consistent with the purposes of the Agreement on the Conservation   |
| > of Polar Bears;                                                     |
| >                                                                     |
| > **(ii)** Canada has a sport hunting program based on scientifically |
| > sound quotas ensuring the maintenance of the affected population    |
| > stock at a sustainable level;                                       |
| >                                                                     |
| > **(iii)** the export and subsequent import are consistent with the  |
| > provisions of the Convention on International Trade in Endangered   |
| > Species of Wild Fauna and Flora and other international agreements  |
| > and conventions; and                                                |
| >                                                                     |
| > **(iv)** the export and subsequent import are not likely to         |
| > contribute to illegal trade in bear parts.                          |
| >                                                                     |
| > **(B)** The Secretary shall establish and charge a reasonable fee   |
| > for permits issued under this paragraph. All fees collected under   |
| > this paragraph shall be available to the Secretary until expended   |
| > for use in developing and implementing cooperative research and     |
| > management programs for the conservation of polar bears in Alaska   |
| > and Russia pursuant to section                                      |
| > [1383](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383----000-.html) |
| > [(d)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001383----000-.html#d) |
| > of this title.                                                      |
| >                                                                     |
| > **(C)**                                                             |
| >                                                                     |
| > **(i)** The Secretary shall undertake a scientific review of the    |
| > impact of permits issued under this paragraph on the polar bear     |
| > population stocks in Canada within 2 years after April 30, 1994.    |
| > The Secretary shall provide an opportunity for public comment       |
| > during the course of such review, and shall include a response to   |
| > such public comment in the final report on such review.             |
| >                                                                     |
| > **(ii)** The Secretary shall not issue permits under this paragraph |
| > after September 30, 1996, if the Secretary determines, based on the |
| > scientific review, that the issuance of permits under this          |
| > paragraph is having a significant adverse impact on the polar bear  |
| > population stocks in Canada. The Secretary may review such          |
| > determination annually thereafter, in light of the best scientific  |
| > information available, and shall complete the review not later than |
| > January 31 in any year a review is undertaken. The Secretary may    |
| > issue permits under this paragraph whenever the Secretary           |
| > determines, on the basis of such annual review, that the issuance   |
| > of permits under this paragraph is not having a significant adverse |
| > impact on the polar bear population stocks in Canada.               |
| >                                                                     |
| > **(D)** The Secretary of the Interior shall, expeditiously after    |
| > the expiration of the applicable 30 day period under subsection     |
| > (d)(2) of this section, issue a permit for the importation of polar |
| > bear parts (other than internal organs) from polar bears taken in   |
| > sport hunts in Canada before April 30, 1994, to each applicant who  |
| > submits, with the permit application, proof that the polar bear was |
| > legally harvested in Canada by the applicant. The Secretary shall   |
| > issue such permits without regard to the provisions of              |
| > subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3)  |
| > of this section, and sections                                       |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > and                                                                 |
| > [1372](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001372----000-.html) |
| > of this title. This subparagraph shall not apply to polar bear      |
| > parts that were imported before June 12, 1997.                      |
| >                                                                     |
| > **(6)** A permit may be issued for photography for educational or   |
| > commercial purposes involving marine mammals in the wild only to an |
| > applicant which submits with its permit application information     |
| > indicating that the taking will be limited to Level B harassment,   |
| > and the manner in which the products of such activities will be     |
| > made available to the public.                                       |
| >                                                                     |
| > **(7)** Upon request by a person for a permit under paragraph (2),  |
| > (3), or (4) for a marine mammal which is in the possession of any   |
| > person authorized to possess it under this chapter and which is     |
| > determined under guidance under section                             |
| > [1421a](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001421---a000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001421---a000-.html#a) |
| > of this title not to be releasable to the wild, the Secretary shall |
| > issue the permit to the person requesting the permit if that        |
| > person---                                                           |
| >                                                                     |
| > **(A)** meets the requirements of clauses (i), (ii), and (iii) of   |
| > paragraph (2)(A), in the case of a request for a permit under       |
| > paragraph (2);                                                      |
| >                                                                     |
| > **(B)** meets the requirements of paragraph (3), in the case of a   |
| > request for a permit under that paragraph; or                       |
| >                                                                     |
| > **(C)** meets the requirements of paragraph (4), in the case of a   |
| > request for a permit under that paragraph.                          |
| >                                                                     |
| > **(8)**                                                             |
| >                                                                     |
| > **(A)** No additional permit or authorization shall be required to  |
| > possess, sell, purchase, transport, export, or offer to sell or     |
| > purchase the progeny of marine mammals taken or imported under this |
| > subsection, if such possession, sale, purchase, transport, export,  |
| > or offer to sell or purchase is---                                  |
| >                                                                     |
| > **(i)** for the purpose of public display, and by or to,            |
| > respectively, a person which meets the requirements of clauses (i), |
| > (ii), and (iii) of paragraph (2)(A);                                |
| >                                                                     |
| > **(ii)** for the purpose of scientific research, and by or to,      |
| > respectively, a person which meets the requirements of paragraph    |
| > (3); or                                                             |
| >                                                                     |
| > **(iii)** for the purpose of enhancing the survival or recovery of  |
| > a species or stock, and by or to, respectively, a person which      |
| > meets the requirements of paragraph (4).                            |
| >                                                                     |
| > **(B)**                                                             |
| >                                                                     |
| > **(i)** A person which has a permit under paragraph (2), or a       |
| > person exercising rights under paragraph (2)(C), which has          |
| > possession of a marine mammal that gives birth to progeny shall---  |
| >                                                                     |
| > **(I)** notify the Secretary of the birth of such progeny within 30 |
| > days after the date of birth; and                                   |
| >                                                                     |
| > **(II)** notify the Secretary of the sale, purchase, or transport   |
| > of such progeny no later than 15 days before such action.           |
| >                                                                     |
| > **(ii)** The Secretary may only require notification under clause   |
| > (i) to include the information required for the inventory           |
| > established under paragraph (10).                                   |
| >                                                                     |
| > **(C)** Any progeny of a marine mammal born in captivity before     |
| > April 30, 1994, and held in captivity for the purpose of public     |
| > display shall be treated as though born after April 30, 1994.       |
| >                                                                     |
| > **(9)** No marine mammal may be exported for the purpose of public  |
| > display, scientific research, or enhancing the survival or recovery |
| > of a species or stock unless the receiving facility meets standards |
| > that are comparable to the requirements that a person must meet to  |
| > receive a permit under this subsection for that purpose.            |
| >                                                                     |
| > **(10)** The Secretary shall establish and maintain an inventory of |
| > all marine mammals possessed pursuant to permits issued under       |
| > paragraph (2)(A), by persons exercising rights under paragraph      |
| > (2)(C), and all progeny of such marine mammals. The inventory shall |
| > contain, for each marine mammal, only the following information     |
| > which shall be provided by a person holding a marine mammal under   |
| > this chapter:                                                       |
| >                                                                     |
| > **(A)** The name of the marine mammal or other identification.      |
| >                                                                     |
| > **(B)** The sex of the marine mammal.                               |
| >                                                                     |
| > **(C)** The estimated or actual birth date of the marine mammal.    |
| >                                                                     |
| > **(D)** The date of acquisition or disposition of the marine mammal |
| > by the permit holder.                                               |
| >                                                                     |
| > **(E)** The source from whom the marine mammal was acquired         |
| > including the location of the take from the wild, if applicable.    |
| >                                                                     |
| > **(F)** If the marine mammal is transferred, the name of the        |
| > recipient.                                                          |
| >                                                                     |
| > **(G)** A notation if the animal was acquired as the result of a    |
| > stranding.                                                          |
| >                                                                     |
| > **(H)** The date of death of the marine mammal and the cause of     |
| > death when determined.                                              |
|                                                                       |
| **(d)** Application procedures; notice; hearing; review               |
|                                                                       |
| > **(1)** The Secretary shall prescribe such procedures as are        |
| > necessary to carry out this section, including the form and manner  |
| > in which application for permits may be made.                       |
| >                                                                     |
| > **(2)** The Secretary shall publish notice in the Federal Register  |
| > of each application made for a permit under this section. Such      |
| > notice shall invite the submission from interested parties, within  |
| > thirty days after the date of the notice, of written data or views, |
| > with respect to the taking or importation proposed in such          |
| > application.                                                        |
| >                                                                     |
| > **(3)** The applicant for any permit under this section must        |
| > demonstrate to the Secretary that the taking or importation of any  |
| > marine mammal under such permit will be consistent with the         |
| > purposes of this chapter and the applicable regulations established |
| > under section                                                       |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > of this title.                                                      |
| >                                                                     |
| > **(4)** If within thirty days after the date of publication of      |
| > notice pursuant to paragraph (2) of this subsection with respect to |
| > any application for a permit any interested party or parties        |
| > request a hearing in connection therewith, the Secretary may,       |
| > within sixty days following such date of publication, afford to     |
| > such party or parties an opportunity for such a hearing.            |
| >                                                                     |
| > **(5)** As soon as practicable (but not later than thirty days)     |
| > after the close of the hearing or, if no hearing is held, after the |
| > last day on which data, or views, may be submitted pursuant to      |
| > paragraph (2) of this subsection, the Secretary shall               |
| >                                                                     |
| > **(A)** issue a permit containing such terms and conditions as he   |
| > deems appropriate, or                                               |
| >                                                                     |
| > **(B)** shall deny issuance of a permit. Notice of the decision of  |
| > the Secretary to issue or to deny any permit under this paragraph   |
| > must be published in the Federal Register within ten days after the |
| > date of issuance or denial.                                         |
| >                                                                     |
| > **(6)** Any applicant for a permit, or any party opposed to such    |
| > permit, may obtain judicial review of the terms and conditions of   |
| > any permit issued by the Secretary under this section or of his     |
| > refusal to issue such a permit. Such review, which shall be         |
| > pursuant to chapter                                                 |
| > [7](http://assemb                                                   |
| ler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5_10_I_30_7.html) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| > may be initiated by filing a petition for review in the United      |
| > States district court for the district wherein the applicant for a  |
| > permit resides, or has his principal place of business, or in the   |
| > United States District Court for the District of Columbia, within   |
| > sixty days after the date on which such permit is issued or denied. |
|                                                                       |
| **(e)** Modification, suspension, and revocation                      |
|                                                                       |
| > **(1)** The Secretary may modify, suspend, or revoke in whole or in |
| > part any permit issued by him under this section---                 |
| >                                                                     |
| > **(A)** in order to make any such permit consistent with any change |
| > made after the date of issuance of such permit with respect to any  |
| > applicable regulation prescribed under section                      |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > of this title,                                                      |
| >                                                                     |
| > **(B)** in any case in which a violation of the terms and           |
| > conditions of the permit is found, or                               |
| >                                                                     |
| > **(C)** if, in the case of a permit under subsection (c)(5) of this |
| > section authorizing importation of polar bear parts, the Secretary, |
| > in consultation with the appropriate authority in Canada,           |
| > determines that the sustainability of Canada's polar bear           |
| > population stocks are being adversely affected or that sport        |
| > hunting may be having a detrimental effect on maintaining polar     |
| > bear population stocks throughout their range.                      |
| >                                                                     |
| > **(2)** Whenever the Secretary shall propose any modification,      |
| > suspension, or revocation of a permit under this subsection, the    |
| > permittee shall be afforded opportunity, after due notice, for a    |
| > hearing by the Secretary with respect to such proposed              |
| > modification, suspension, or revocation. Such proposed action by    |
| > the Secretary shall not take effect until a decision is issued by   |
| > him after such hearing. Any action taken by the Secretary after     |
| > such a hearing is subject to judicial review on the same basis as   |
| > is any action taken by him with respect to a permit application     |
| > under paragraph (5) of subsection (d) of this section.              |
| >                                                                     |
| > **(3)** Notice of the modification, suspension, or revocation of    |
| > any permit by the Secretary shall be published in the Federal       |
| > Register within ten days from the date of the Secretary's decision. |
|                                                                       |
| **(f)** Possession of permit by issuee or his agent                   |
|                                                                       |
| Any permit issued under this section must be in the possession of the |
| person to whom it is issued (or an agent of such person) during---    |
|                                                                       |
| > **(1)** the time of the authorized or taking importation;           |
| >                                                                     |
| > **(2)** the period of any transit of such person or agent which is  |
| > incident to such taking or importation; and                         |
| >                                                                     |
| > **(3)** any other time while any marine mammal taken or imported    |
| > under a such permit is in the possession of such person or agent.   |
|                                                                       |
| A duplicate copy of the issued permit must be physically attached to  |
| the container, package, enclosure, or other means of containment, in  |
| which the marine mammal is placed for purposes of storage, transit,   |
| supervision, or care.                                                 |
|                                                                       |
| **(g)** Fees                                                          |
|                                                                       |
| The Secretary shall establish and charge a reasonable fee for permits |
| issued under this section.                                            |
|                                                                       |
| **(h)** General permits                                               |
|                                                                       |
| > **(1)** Consistent with the regulations prescribed pursuant to      |
| > section                                                             |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > of this title and to the requirements of section                    |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > of this title, the Secretary may issue an annual permit to a United |
| > States purse seine fishing vessel for the taking of such marine     |
| > mammals, and shall issue regulations to cover the use of any such   |
| > annual permits.                                                     |
| >                                                                     |
| > **(2)** Such annual permits for the incidental taking of marine     |
| > mammals in the course of commercial purse seine fishing for         |
| > yellowfin tuna in the eastern tropical Pacific Ocean shall be       |
| > governed by section                                                 |
| > [1416](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001416----000-.html) |
| > of this title, subject to the regulations issued pursuant to        |
| > section                                                             |
| > [1413](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001413----000-.html) |
| > of this title.                                                      |
+-----------------------------------------------------------------------+
| **§ 1375. Penalties**                                                 |
+-----------------------------------------------------------------------+
| **(a)**                                                               |
|                                                                       |
| > **(1)** Any person who violates any provision of this subchapter or |
| > of any permit or regulation issued thereunder, except as provided   |
| > in section                                                          |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title, may be assessed a civil penalty by the Secretary of  |
| > not more than \$10,000 for each such violation. No penalty shall be |
| > assessed unless such person is given notice and opportunity for a   |
| > hearing with respect to such violation. Each unlawful taking or     |
| > importation shall be a separate offense. Any such civil penalty may |
| > be remitted or mitigated by the Secretary for good cause shown.     |
| > Upon any failure to pay a penalty assessed under this subsection,   |
| > the Secretary may request the Attorney General to institute a civil |
| > action in a district court of the United States for any district in |
| > which such person is found, resides, or transacts business to       |
| > collect the penalty and such court shall have jurisdiction to hear  |
| > and decide any such action.                                         |
| >                                                                     |
| > **(2)** In any case involving an alleged unlawful importation of a  |
| > marine mammal or marine mammal product, if such importation is made |
| > by an individual for his own personal or family use (which does not |
| > include importation as an accommodation to others or for sale or    |
| > other commercial use), the Secretary may, in lieu of instituting a  |
| > proceeding under paragraph (1), allow the individual to abandon the |
| > mammal or product, under procedures to be prescribed by the         |
| > Secretary, to the enforcement officer at the port of entry.         |
|                                                                       |
| **(b)** Any person who knowingly violates any provision of this       |
| subchapter or of any permit or regulation issued thereunder (except   |
| as provided in section                                                |
| [1387](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| of this title) shall, upon conviction, be fined not more than         |
| \$20,000 for each such violation, or imprisoned for not more than one |
| year, or both.                                                        |
+-----------------------------------------------------------------------+
| **§ 1375a. Use of fines for protection and recovery of manatees,      |
| polar bears, sea otters, and walruses**                               |
+-----------------------------------------------------------------------+
| On and after November 29, 1999, all fines collected by the United     |
| States Fish and Wildlife Service for violations of the Marine Mammal  |
| Protection Act                                                        |
| ([16](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C. 1362--1407) and implementing regulations shall be available to |
| the Secretary, without further appropriation, to be used for the      |
| expenses of the United States Fish and Wildlife Service in            |
| administering activities for the protection and recovery of manatees, |
| polar bears, sea otters, and walruses, and shall remain available     |
| until expended.                                                       |
+-----------------------------------------------------------------------+
| **§ 1376. Seizure and forfeiture of cargo**                           |
+-----------------------------------------------------------------------+
| **(a)** Application of consistent provisions                          |
|                                                                       |
| Any vessel or other conveyance subject to the jurisdiction of the     |
| United States that is employed in any manner in the unlawful taking   |
| of any marine mammal shall have its entire cargo or the monetary      |
| value thereof subject to seizure and forfeiture. All provisions of    |
| law relating to the seizure, judicial forfeiture, and condemnation of |
| cargo for violation of the customs laws, the disposition of such      |
| cargo, and the proceeds from the sale thereof, and the remission or   |
| mitigation of any such forfeiture, shall apply with respect to the    |
| cargo of any vessel or other conveyance seized in connection with the |
| unlawful taking of a marine mammal insofar as such provisions of law  |
| are applicable and not inconsistent with the provisions of this       |
| subchapter.                                                           |
|                                                                       |
| **(b)** Penalties                                                     |
|                                                                       |
| Any vessel subject to the jurisdiction of the United States that is   |
| employed in any manner in the unlawful taking of any marine mammal    |
| shall be liable for a civil penalty of not more than \$25,000. Such   |
| penalty shall be assessed by the district court of the United States  |
| having jurisdiction over the vessel. Clearance of a vessel against    |
| which a penalty has been assessed, from a port of the United States,  |
| may be withheld until such penalty is paid, or until a bond or        |
| otherwise satisfactory surety is posted. Such penalty shall           |
| constitute a maritime lien on such vessel which may be recovered by   |
| action in rem in the district court of the United States having       |
| jurisdiction over the vessel.                                         |
|                                                                       |
| **(c)** Reward for information leading to conviction                  |
|                                                                       |
| Upon the recommendation of the Secretary, the Secretary of the        |
| Treasury is authorized to pay an amount equal to one-half of the fine |
| incurred but not to exceed \$2,500 to any person who furnishes        |
| information which leads to a conviction for a violation of this       |
| subchapter. Any officer or employee of the United States or of any    |
| State or local government who furnishes information or renders        |
| service in the performance of his official duties shall not be        |
| eligible for payment under this section.                              |
+-----------------------------------------------------------------------+
| **§ 1377. Enforcement**                                               |
+-----------------------------------------------------------------------+
| **(a)** Utilization of personnel                                      |
|                                                                       |
| Except as otherwise provided in this subchapter, the Secretary shall  |
| enforce the provisions of this subchapter. The Secretary may utilize, |
| by agreement, the personnel, services, and facilities of any other    |
| Federal agency for purposes of enforcing this subchapter.             |
|                                                                       |
| **(b)** State officers and employees                                  |
|                                                                       |
| The Secretary may also designate officers and employees of any State  |
| or of any possession of the United States to enforce the provisions   |
| of this subchapter. When so designated, such officers and employees   |
| are authorized to function as Federal law enforcement agents for      |
| these purposes, but they shall not be held and considered as          |
| employees of the United States for the purposes of any laws           |
| administered by the Director of the Office of Personnel Management.   |
|                                                                       |
| **(c)** Warrants and other process for enforcement                    |
|                                                                       |
| The judges of the district courts of the United States and the United |
| States magistrate judges may, within their respective jurisdictions,  |
| upon proper oath or affirmation showing probable cause, issue such    |
| warrants or other process, including warrants or other process issued |
| in admiralty proceedings in United States district courts, as may be  |
| required for enforcement of this subchapter and any regulations       |
| issued thereunder.                                                    |
|                                                                       |
| **(d)** Execution of process; arrest; search; seizure                 |
|                                                                       |
| Any person authorized by the Secretary to enforce this subchapter may |
| execute any warrant or process issued by any officer or court of      |
| competent jurisdiction for the enforcement of this subchapter. Such a |
| person so authorized may, in addition to any other authority          |
| conferred by law---                                                   |
|                                                                       |
| > **(1)** with or without warrant or other process, arrest any person |
| > committing in his presence or view a violation of this subchapter   |
| > or the regulations issued thereunder;                               |
| >                                                                     |
| > **(2)** with a warrant or other process, or without a warrant if he |
| > has reasonable cause to believe that a vessel or other conveyance   |
| > subject to the jurisdiction of the United States or any person on   |
| > board is in violation of any provision of this subchapter or the    |
| > regulations issued thereunder, search such vessel or conveyance and |
| > arrest such person;                                                 |
| >                                                                     |
| > **(3)** seize the cargo of any vessel or other conveyance subject   |
| > to the jurisdiction of the United States used or employed contrary  |
| > to the provisions of this subchapter or the regulations issued      |
| > hereunder or which reasonably appears to have been so used or       |
| > employed; and                                                       |
| >                                                                     |
| > **(4)** seize, whenever and wherever found, all marine mammals and  |
| > marine mammals products taken or retained in violation of this      |
| > subchapter or the regulations issued thereunder and shall dispose   |
| > of them, in accordance with regulations prescribed by the           |
| > Secretary.                                                          |
|                                                                       |
| **(e)** Disposition of seized cargo                                   |
|                                                                       |
| > **(1)** Whenever any cargo or marine mammal or marine mammal        |
| > product is seized pursuant to this section, the Secretary shall     |
| > expedite any proceedings commenced under section                    |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html#a) |
| > or (b) of this title. All marine mammal or marine mammal products   |
| > or other cargo so seized shall be held by any person authorized by  |
| > the Secretary pending disposition of such proceedings. The owner or |
| > consignee of any such marine mammal or marine mammal product or     |
| > other cargo so seized shall, as soon as practicable following such  |
| > seizure, be notified of that fact in accordance with regulations    |
| > established by the Secretary.                                       |
| >                                                                     |
| > **(2)** The Secretary may, with respect to any proceeding under     |
| > section                                                             |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html#a) |
| > or (b) of this title, in lieu of holding any marine mammal or       |
| > marine mammal product or other cargo, permit the person concerned   |
| > to post bond or other surety satisfactory to the Secretary pending  |
| > the disposition of such proceeding.                                 |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** Upon the assessment of a penalty pursuant to section        |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html#a) |
| > of this title, all marine mammals and marine mammal products or     |
| > other cargo seized in connection therewith may be proceeded against |
| > in any court of competent jurisdiction and forfeited to the         |
| > Secretary for disposition by him in such manner as he deems         |
| > appropriate.                                                        |
| >                                                                     |
| > **(B)** Upon conviction for violation of section                    |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html#b) |
| > of this title, all marine mammals and marine mammal products seized |
| > in connection therewith shall be forfeited to the Secretary for     |
| > disposition by him in such manner as he deems appropriate. Any      |
| > other property or item so seized may, at the discretion of the      |
| > court, be forfeited to the United States or otherwise disposed of.  |
| >                                                                     |
| > **(4)** If with respect to any marine mammal or marine mammal       |
| > product or other cargo so seized---                                 |
| >                                                                     |
| > **(A)** a civil penalty is assessed under section                   |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html#a) |
| > of this title and no judicial action is commenced to obtain the     |
| > forfeiture of such mammal or product within thirty days after such  |
| > assessment, such marine mammal or marine mammal product or other    |
| > cargo shall be immediately returned to the owner or the consignee;  |
| > or                                                                  |
| >                                                                     |
| > **(B)** no conviction results from an alleged violation of section  |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html#b) |
| > of this title, such marine mammal or marine mammal product or other |
| > cargo shall immediately be returned to the owner or consignee if    |
| > the Secretary does not,                                             |
| > with [\[1\]](http://assembler.law.cornell.e                         |
| du/uscode/html/uscode16/usc_sec_16_00001377----000-.html#FN-1%23FN-1) |
| > thirty days after the final disposition of the case involving such  |
| > alleged violation, commence proceedings for the assessment of a     |
| > civil penalty under section                                         |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html#a) |
| > of this title.                                                      |
+-----------------------------------------------------------------------+
| **§ 1378. International program**                                     |
+-----------------------------------------------------------------------+
| **(a)** Duties of Secretary                                           |
|                                                                       |
| The Secretary, through the Secretary of State, shall---               |
|                                                                       |
| > **(1)** initiate negotiations as soon as possible for the           |
| > development of bilateral or multilateral agreements with other      |
| > nations for the protection and conservation of all marine mammals   |
| > covered by this chapter;                                            |
| >                                                                     |
| > **(2)** initiate---                                                 |
| >                                                                     |
| > **(A)** negotiations as soon as possible with all foreign           |
| > governments which are engaged in, or which have persons or          |
| > companies engaged in, commercial fishing operations which are found |
| > by the Secretary to be unduly harmful to any species or population  |
| > stock of marine mammal, for the purpose of entering into bilateral  |
| > and multilateral treaties with such countries to protect marine     |
| > mammals, with the Secretary of State to prepare a draft agenda      |
| > relating to this matter for discussion at appropriate international |
| > meetings and forums;                                                |
| >                                                                     |
| > **(B)** discussions with foreign governments whose vessels harvest  |
| > yellowfin tuna with purse seines in the eastern tropical Pacific    |
| > Ocean, for the purpose of concluding, through the Inter-American    |
| > Tropical Tuna Commission or such other bilateral or multilateral    |
| > institutions as may be appropriate, international arrangements for  |
| > the conservation of marine mammals taken incidentally in the course |
| > of harvesting such tuna, which should include provisions for        |
| >                                                                     |
| > **(i)** cooperative research into alternative methods of locating   |
| > and catching yellowfin tuna which do not involve the taking of      |
| > marine mammals,                                                     |
| >                                                                     |
| > **(ii)** cooperative research on the status of affected marine      |
| > mammal population stocks,                                           |
| >                                                                     |
| > **(iii)** reliable monitoring of the number, rate, and species of   |
| > marine mammals taken by vessels of harvesting nations,              |
| >                                                                     |
| > **(iv)** limitations on incidental take levels based upon the best  |
| > scientific information available, and                               |
| >                                                                     |
| > **(v)** the use of the best marine mammal safety techniques and     |
| > equipment that are economically and technologically practicable to  |
| > reduce the incidental kill and serious injury of marine mammals to  |
| > insignificant levels approaching a zero mortality and serious       |
| > injury rate;                                                        |
| >                                                                     |
| > **(C)** negotiations to revise the Convention for the Establishment |
| > of an Inter-American Tropical Tuna Commission (1 U.S.T. 230; TIAS   |
| > 2044) which will incorporate---                                     |
| >                                                                     |
| > **(i)** the conservation and management provisions agreed to by the |
| > nations which have signed the Declaration of Panama and in the      |
| > Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement,  |
| > as opened for signature on December 4, 1995; and                    |
| >                                                                     |
| > **(ii)** a revised schedule of annual contributions to the expenses |
| > of the Inter-American Tropical Tuna Commission that is equitable to |
| > participating nations; and                                          |
| >                                                                     |
| > **(D)** discussions with those countries participating, or likely   |
| > to participate, in the International Dolphin Conservation Program,  |
| > for the purpose of identifying sources of funds needed for research |
| > and other measures promoting effective protection of dolphins,      |
| > other marine species, and the marine ecosystem;                     |
| >                                                                     |
| > **(3)** encourage such other agreements to promote the purposes of  |
| > this chapter with other nations for the protection of specific      |
| > ocean and land regions which are of special significance to the     |
| > health and stability of marine mammals;                             |
| >                                                                     |
| > **(4)** initiate the amendment of any existing international treaty |
| > for the protection and conservation of any species of marine mammal |
| > to which the United States is a party in order to make such treaty  |
| > consistent with the purposes and policies of this chapter;          |
| >                                                                     |
| > **(5)** seek the convening of an international ministerial meeting  |
| > on marine mammals before July 1, 1973, for the purposes of          |
| >                                                                     |
| > **(A)** the negotiation of a binding international convention for   |
| > the protection and conservation of all marine mammals, and          |
| >                                                                     |
| > **(B)** the implementation of paragraph (3) of this section; and    |
| >                                                                     |
| > **(6)** provide to the Congress by not later than one year after    |
| > October 21, 1972, a full report on the results of his efforts under |
| > this section.                                                       |
|                                                                       |
| **(b)** Consultations and studies concerning North Pacific fur seals  |
|                                                                       |
| > **(1)** In addition to the foregoing, the Secretary shall---        |
| >                                                                     |
| > **(A)** in consultation with the Marine Mammal Commission           |
| > established by section                                              |
| > [1401](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001401----000-.html) |
| > of this title, undertake a study of the North Pacific fur seals to  |
| > determine whether herds of such seals subject to the jurisdiction   |
| > of the United States are presently at their optimum sustainable     |
| > population and what population trends are evident; and              |
| >                                                                     |
| > **(B)** in consultation with the Secretary of State, promptly       |
| > undertake a comprehensive study of the provisions of this chapter,  |
| > as they relate to North Pacific fur seals, and the provisions of    |
| > the North Pacific Fur Seal Convention signed on February 9, 1957,   |
| > as extended (hereafter referred to in this subsection as the        |
| > "Convention"), to determine what modifications, if any, should be   |
| > made to the provisions of the Convention, or of this chapter, or    |
| > both, to make the Convention and this chapter consistent with each  |
| > other.                                                              |
| >                                                                     |
| > The Secretary shall complete the studies required under this        |
| > paragraph not later than one year after October 21, 1972, and shall |
| > immediately provide copies thereof to Congress.                     |
| >                                                                     |
| > **(2)** If the Secretary finds---                                   |
| >                                                                     |
| > **(A)** as a result of the study required under paragraph (1)(A) of |
| > this subsection, that the North Pacific fur seal herds are below    |
| > their optimum sustainable population and are not trending upward    |
| > toward such level, or have reached their optimum sustainable        |
| > population but are commencing a downward trend, and believes the    |
| > herds to be in danger of depletion; or                              |
| >                                                                     |
| > **(B)** as a result of the study required under paragraph (1)(B) of |
| > this subsection, that modifications of the Convention are desirable |
| > to make it and this chapter consistent;                             |
| >                                                                     |
| > he shall, through the Secretary of State, immediately initiate      |
| > negotiations to modify the Convention so as to                      |
| >                                                                     |
| > **(i)** reduce or halt the taking of seals to the extent required   |
| > to assure that such herds attain and remain at their optimum        |
| > sustainable population, or                                          |
| >                                                                     |
| > **(ii)** make the Convention and this chapter consistent; or both,  |
| > as the case may be. If negotiations to so modify the Convention are |
| > unsuccessful, the Secretary shall, through the Secretary of State,  |
| > take such steps as may be necessary to continue the existing        |
| > Convention beyond its present termination date so as to continue to |
| > protect and conserve the North Pacific fur seals and to prevent a   |
| > return to pelagic sealing.                                          |
|                                                                       |
| **(c)** Description of annual results of discussions; proposals for   |
| further action                                                        |
|                                                                       |
| The Secretary shall include a description of the annual results of    |
| discussions initiated and conducted pursuant to subsection (a)(2)(B)  |
| of this section, as well as any proposals for further action to       |
| achieve the purposes of that subsection, in the report required under |
| section                                                               |
| [1373](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| [(f)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html#f) |
| of this title.                                                        |
+-----------------------------------------------------------------------+
| **§ 1379. Transfer of management authority**                          |
+-----------------------------------------------------------------------+
| **(a)** State enforcement of State laws or regulations prohibited     |
| without transfer to State of management authority by Secretary        |
|                                                                       |
| No State may enforce, or attempt to enforce, any State law or         |
| regulation relating to the taking of any species (which term for      |
| purposes of this section includes any population stock) of marine     |
| mammal within the State unless the Secretary has transferred          |
| authority for the conservation and management of that species         |
| (hereinafter referred to in this section as "management authority")   |
| to the State under subsection (b)(1) of this section.                 |
|                                                                       |
| **(b)** Findings prerequisite to transfer of authority; State         |
| program; implementation                                               |
|                                                                       |
| > **(1)** Subject to paragraph (2) and subsection (f) of this         |
| > section, the Secretary shall transfer management authority for a    |
| > species of marine mammal to a State if the Secretary finds, after   |
| > notice and opportunity for public comment, that the State has       |
| > developed and will implement a program for the conservation and     |
| > management of the species that---                                   |
| >                                                                     |
| > **(A)** is consistent with the purposes, policies, and goals of     |
| > this chapter and with international treaty obligations;             |
| >                                                                     |
| > **(B)** requires that all taking of the species be humane;          |
| >                                                                     |
| > **(C)** does not permit the taking of the species unless and        |
| > until---                                                            |
| >                                                                     |
| > **(i)** the State has determined, under a process consistent with   |
| > the standards set forth in subsection (c) of this section---        |
| >                                                                     |
| > **(I)** that the species is at its optimum sustainable population   |
| > (hereinafter in this section referred to as "OSP"), and             |
| >                                                                     |
| > **(II)** the maximum number of animals of that species that may be  |
| > taken without reducing the species below its OSP, and               |
| >                                                                     |
| > **(ii)** the determination required under clause (i) is final and   |
| > implemented under State law, and, if a cooperative allocation       |
| > agreement for the species is required under subsection (d)(1) of    |
| > this section, such as agreement is implemented;                     |
| >                                                                     |
| > **(D)** does not permit the taking of a number of animals of the    |
| > species that exceeds the maximum number determined pursuant to      |
| > subparagraph (C)(i)(II), and, in the case of taking for subsistence |
| > uses (as defined in subsection (f)(2) of this section), does not    |
| > permit the taking of a number of animals that would be inconsistent |
| > with the maintenance of the species at its OSP;                     |
| >                                                                     |
| > **(E)** does not permit the taking of the species for scientific    |
| > research, public display, or enhancing the survival or recovery of  |
| > a species or stock, except for taking for such purposes that is     |
| > undertaken by, or on behalf of, the State;                          |
| >                                                                     |
| > **(F)** provides procedures for acquiring data, and evaluating such |
| > data and other new evidence, relating to the OSP of the species,    |
| > and the maximum take that would maintain the species at the level,  |
| > and, if required on the basis of such evaluation, for amending      |
| > determinations under subparagraph (C)(i);                           |
| >                                                                     |
| > **(G)** provides procedures for the resolution of differences       |
| > between the State and the Secretary that might arise during the     |
| > development of a cooperative allocation agreement under subsection  |
| > (d)(1) of this section; and                                         |
| >                                                                     |
| > **(H)** provides for the submission of an annual report to the      |
| > Secretary regarding the administration of the program during the    |
| > reporting period.                                                   |
| >                                                                     |
| > **(2)** During the period between the transfer of management        |
| > authority for a species to a State under paragraph (1) and the time |
| > at which the implementation requirements under paragraph (1)(C)(ii) |
| > are complied with---                                                |
| >                                                                     |
| > **(A)** the State program shall not apply with respect to the       |
| > taking of the species within the State for any purpose, or under    |
| > any condition, provided for under section                           |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > of this title; and                                                  |
| >                                                                     |
| > **(B)** the Secretary shall continue to regulate, under this        |
| > subchapter, all takings of the species within the State.            |
| >                                                                     |
| > **(3)** After the determination required under paragraph (1)(C)(i)  |
| > regarding a species is final and implemented under State law and    |
| > after a cooperative allocation agreement described in subsection    |
| > (d)(1) of this section, if required, is implemented for such        |
| > species---                                                          |
| >                                                                     |
| > **(A)** such determination shall be treated, for purposes of        |
| > applying this subchapter beyond the territory of the State, as a    |
| > determination made in accordance with section                       |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > of this title and as an applicable waiver under section             |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(3)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_3) |
| > of this title;                                                      |
| >                                                                     |
| > **(B)** the Secretary shall regulate, without regard to this        |
| > section other than the allocations specified under such an          |
| > agreement, the taking of the species---                             |
| >                                                                     |
| > **(i)** incidentally in the course of commercial fishing operations |
| > (whether provided for under section                                 |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_2) |
| > or (4) of this title), or in the course of other specified          |
| > activities provided for under section                               |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(5)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_5) |
| > of this title, in the zone described in section                     |
| > [1362](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001362----000-.html) |
| > [(1                                                                 |
| 4)(B)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_sec_ |
| 16_00001362----000-.html#14_B) [\[1\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00001379----000-.html#FN-1%23FN-1) |
| > of this title, and                                                  |
| >                                                                     |
| > **(ii)** for scientific research, public display, or enhancing the  |
| > survival or recovery of a species or stock (other than by, or on    |
| > behalf of, the State), except that any taking authorized under a    |
| > permit issued pursuant to section                                   |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_1) |
| > of this title after October 9, 1981, allowing the removal of live   |
| > animals from habitat within the State shall not be effective if the |
| > State agency disapproves, on or before the date of issuance of the  |
| > permit, such taking as being inconsistent with the State program;   |
| > and                                                                 |
| >                                                                     |
| > **(C)** section                                                     |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#b) |
| > of this title shall not apply.                                      |
|                                                                       |
| **(c)** Standards with which State process must comply                |
|                                                                       |
| The State process required under subsection (b)(1)(C) of this section |
| must comply with the following standards:                             |
|                                                                       |
| > **(1)** The State agency with management authority for the species  |
| > (hereinafter in this section referred to as the "State agency")     |
| > must make an initial determination regarding the factors described  |
| > in clause (i) of that subsection. The State agency must identify,   |
| > and make available to the public under reasonable circumstances,    |
| > the documentation supporting such initial determination. Unless     |
| > request for a hearing under paragraph (2) regarding the initial     |
| > determination is timely made, the initial determination shall be    |
| > treated as final under State law.                                   |
| >                                                                     |
| > **(2)** The State agency shall provide opportunity, at the request  |
| > of any interested party, for a hearing with respect to the initial  |
| > determination made by it under paragraph (1) at which interested    |
| > parties may---                                                      |
| >                                                                     |
| > **(A)** present oral and written evidence in support of or against  |
| > such determination; and                                             |
| >                                                                     |
| > **(B)** cross-examine persons presenting evidence at the hearing.   |
|                                                                       |
| The State agency must give public notice of the hearing and make      |
| available to the public within a reasonable time before commencing    |
| the hearing a list of the witnesses for the State and a general       |
| description of the documentation and other evidence that will be      |
| relied upon by such witnesses.                                        |
|                                                                       |
| > **(3)** The State agency, solely on the basis of the record         |
| > developed at a hearing held pursuant to paragraph (2), must make a  |
| > decision regarding its initial determination under paragraph (1)    |
| > and shall include with the record a statement of the findings and   |
| > conclusions, and the reason or basis therefor, on all material      |
| > issues.                                                             |
| >                                                                     |
| > **(4)** Opportunity for judicial review of the decision made by the |
| > State agency on the record under paragraph (3), under scope of      |
| > review equivalent to that provided for in section                   |
| > [706](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000706----000-.html) |
| > [(2)(A)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode05/usc_sec_05_00000706----000-.html#2_A) |
| > through (E) of title                                                |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| > must be available under State law. The Secretary may not initiate   |
| > judicial review of any such decision.                               |
|                                                                       |
| **(d)** Cooperative allocation agreements                             |
|                                                                       |
| > **(1)** If the range of a species with respect to which a           |
| > determination under paragraph (1)(C)(i) of subsection (b) of this   |
| > section is made extends beyond the territorial waters of the State, |
| > the State agency and the Secretary (who shall first coordinate with |
| > the Marine Mammal Commission and the appropriate Regional Fishery   |
| > Management Council established under section                        |
| > [1852](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001852----000-.html) |
| > of this title) shall enter into a cooperative allocation agreement  |
| > providing procedures for allocating, on a timely basis, such of the |
| > number of animals, as determined under paragraph (1)(C)(i)(II) of   |
| > subsection (b) of this section, as may be appropriate with priority |
| > of allocation being given firstly to taking for subsistence uses in |
| > the case of the State of Alaska, and secondly to taking for         |
| > purposes provided for under section                                 |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a) |
| > of this title within the zone described in section                  |
| > [1362](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001362----000-.html) |
| > [(1                                                                 |
| 4)(B)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_sec_ |
| 16_00001362----000-.html#14_B) [\[2\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00001379----000-.html#FN-2%23FN-2) |
| > of this title.                                                      |
| >                                                                     |
| > **(2)** If the State agency requests the Secretary to regulate the  |
| > taking of a species to which paragraph (1) applies within the zone  |
| > described in section                                                |
| > [1362](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001362----000-.html) |
| > [(1                                                                 |
| 4)(B)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_sec_ |
| 16_00001362----000-.html#14_B) [\[2\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00001379----000-.html#FN-2%23FN-2) |
| > of this title for subsistence uses or for hunting, or both, in a    |
| > manner consistent with the regulation by the State agency of such   |
| > taking within the State, the Secretary shall adopt, and enforce     |
| > within such zone, such of the State agency's regulatory provisions  |
| > as the Secretary considers to be consistent with his administration |
| > of section                                                          |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a) |
| > of this title within such zone. The Secretary shall adopt such      |
| > provisions through the issuance of regulations under section        |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| > and with respect to such issuance the Regulatory Flexibility Act    |
| > \[[5](htt                                                           |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| > U.S.C.                                                              |
| > [601](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000601----000-.html) |
| > et seq.\], the Paperwork Reduction                                  |
| > Act,[\[2\]](http://assembler.law.cornell.e                          |
| du/uscode/html/uscode16/usc_sec_16_00001379----000-.html#FN-2%23FN-2) |
| > Executive Order Numbered 12291, dated February 17, 1981, and the    |
| > thirty-day notice requirement in subsection (d) of such section     |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000553----000-.html) |
| > shall not apply. For purposes of sections                           |
| > [1375](http://assembler.la                                          |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html), |
| > [1376](http://assembler.la                                          |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001376----000-.html), |
| > and                                                                 |
| > [1377](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001377----000-.html) |
| > of this title, such regulations shall be treated as having been     |
| > issued under this subchapter.                                       |
|                                                                       |
| **(e)** Revocation of transfer of management authority                |
|                                                                       |
| > **(1)** Subject to paragraph (2), the Secretary shall revoke, after |
| > opportunity for a hearing, any transfer of management authority     |
| > made to a State under subsection (b)(1) of this section if the      |
| > Secretary finds that the State program for the conservation and     |
| > management of the species concerned is not being implemented, or is |
| > being implemented in a manner inconsistent with the provisions of   |
| > this section or the provisions of the program. The Secretary shall  |
| > also establish a procedure for the voluntary return by a State to   |
| > the Secretary of species management authority that was previously   |
| > transferred to the State under subsection (b)(1) of this section.   |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** The Secretary may not revoke a transfer of management       |
| > authority under paragraph (1) unless---                             |
| >                                                                     |
| > **(i)** the Secretary provides to the State a written notice of     |
| > intent to revoke together with a statement, in detail, of those     |
| > actions, or failures to act, on which such intent is based; and     |
| >                                                                     |
| > **(ii)** during the ninety-day period after the date of the notice  |
| > of intent to revoke---                                              |
| >                                                                     |
| > **(I)** the Secretary provides opportunity for consultation between |
| > him and the State concerning such State actions or failures to act  |
| > and the remedial measures that should be taken by the State, and    |
| >                                                                     |
| > **(II)** the State does not take such remedial measures as are      |
| > necessary, in the judgment of the Secretary, to bring its           |
| > conservation and management program, or the administration or       |
| > enforcement of the program, into compliance with the provisions of  |
| > this section.                                                       |
| >                                                                     |
| > **(B)** When a revocation by the Secretary of a transfer of         |
| > management authority to a State becomes final, or the State         |
| > voluntarily returns management authority to the Secretary, the      |
| > Secretary shall regulate the taking, and provide for the            |
| > conservation and management, of the species within the State in     |
| > accordance with the provisions of this chapter (and in the case of  |
| > Alaskan Natives, section                                            |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#b) |
| > of this title and subsection (i) of this section shall apply upon   |
| > such revocation or return of management authority).                 |
|                                                                       |
| **(f)** Transfer of management authority to State of Alaska           |
|                                                                       |
| > **(1)** The Secretary may not transfer management authority to the  |
| > State of Alaska under subsection (b)(1) of this section for any     |
| > species of marine mammal unless---                                  |
| >                                                                     |
| > **(A)** the State has adopted and will implement a statute and      |
| > regulations that insure that the taking of the species for          |
| > subsistence uses---                                                 |
| >                                                                     |
| > **(i)** is accomplished in a nonwasteful manner,                    |
| >                                                                     |
| > **(ii)** will be the priority consumptive use of the species, and   |
| >                                                                     |
| > **(iii)** if required to be restricted, such restriction will be    |
| > based upon---                                                       |
| >                                                                     |
| > **(I)** the customary and direct dependence upon the species as the |
| > mainstay of livelihood,                                             |
| >                                                                     |
| > **(II)** local residency, and                                       |
| >                                                                     |
| > **(III)** the availability of alternative resources; and            |
| >                                                                     |
| > **(B)** the State has adopted a statute or regulation that requires |
| > that any consumptive use of marine mammal species, other than for   |
| > subsistence uses, will be authorized during a regulatory year only  |
| > if the appropriate agency first makes findings, based on an         |
| > administrative record before it, that---                            |
| >                                                                     |
| > **(i)** such use will have no significant adverse impact upon       |
| > subsistence uses of the species, and                                |
| >                                                                     |
| > **(ii)** the regulation of such use, including, but not limited to, |
| > licensing of marine mammal hunting guides and the assignment of     |
| > guiding areas, will, to the maximum extent practicable, provide     |
| > economic opportunities for the residents of the rural coastal       |
| > villages of Alaska who engage in subsistence uses of that species.  |
| >                                                                     |
| > **(2)** For purposes of paragraph (1), the term "subsistence uses"  |
| > means the customary and traditional uses by rural Alaska residents  |
| > of marine mammals for direct personal or family consumption as      |
| > food, shelter, fuel, clothing, tools, or transportation; for the    |
| > making and selling of handicraft articles out of nonedible          |
| > byproducts of marine mammals taken for personal or family           |
| > consumption; and for barter, or sharing for personal or family      |
| > consumption. As used in this paragraph---                           |
| >                                                                     |
| > **(A)** The term "family" means all persons related by blood,       |
| > marriage, or adoption, or any person living within a household on a |
| > permanent basis.                                                    |
| >                                                                     |
| > **(B)** The term "barter" means the exchange of marine mammals or   |
| > their parts, taken for subsistence uses---                          |
| >                                                                     |
| > **(i)** for other wildlife or fish or their parts, or               |
| >                                                                     |
| > **(ii)** for other food or for nonedible items other than money if  |
| > the exchange is of a limited and noncommercial nature.              |
|                                                                       |
| **(g)** Environmental impact statement not required                   |
|                                                                       |
| Neither the transfer of management authority to a State under         |
| subsection (b)(1) of this section, nor the revocation or voluntary    |
| return of such authority under subsection (e) of this section, shall  |
| be deemed to be an action for which an environmental impact statement |
| is required under section                                             |
| [4332](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode42/usc_sec_42_00004332----000-.html) |
| of title                                                              |
| [42](http:                                                            |
| //assembler.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42.html). |
|                                                                       |
| **(h**) Taking of marine mammals as part of official duties           |
|                                                                       |
| > **(1)** Nothing in this subchapter or subchapter V of this chapter  |
| > shall prevent a Federal, State, or local government official or     |
| > employee or a person designated under section                       |
| > [1382](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001382----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001382----000-.html#c) |
| > of this title from taking, in the course of his or her duties as an |
| > official, employee, or designee, a marine mammal in a humane manner |
| > (including euthanasia) if such taking is for---                     |
| >                                                                     |
| > **(A)** the protection or welfare of the mammal,                    |
| >                                                                     |
| > **(B)** the protection of the public health and welfare, or         |
| >                                                                     |
| > **(C)** the nonlethal removal of nuisance animals.                  |
| >                                                                     |
| > **(2)** Nothing in this subchapter shall prevent the Secretary or a |
| > person designated under section                                     |
| > [1382](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001382----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001382----000-.html#c) |
| > of this title from importing a marine mammal into the United States |
| > if such importation is necessary to render medical treatment that   |
| > is not otherwise available.                                         |
| >                                                                     |
| > **(3)** In any case in which it is feasible to return to its        |
| > natural habitat a marine mammal taken or imported under             |
| > circumstances described in this subsection, steps to achieve that   |
| > result shall be taken.                                              |
|                                                                       |
| **(i)** Regulations covering taking of marine mammals by Alaskan      |
| natives                                                               |
|                                                                       |
| The Secretary may (after providing notice thereof in the Federal      |
| Register and in newspapers of general circulation, and through        |
| appropriate electronic media, in the affected area and providing      |
| opportunity for a hearing thereon in such area) prescribe regulations |
| requiring the marking, tagging, and reporting of animals taken        |
| pursuant to section                                                   |
| [1371](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| [(b)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#b) |
| of this title.                                                        |
|                                                                       |
| **(j)** Grants to develop or administer State conservation and        |
| management programs                                                   |
|                                                                       |
| The Secretary may make grants to States to assist them---             |
|                                                                       |
| > **(1)** in developing programs, to be submitted for approval under  |
| > subsection (b) of this section, for the conservation and management |
| > of species of marine mammals; and                                   |
| >                                                                     |
| > **(2)** in administering such programs if management authority for  |
| > such species is transferred to the State under such subsection.     |
|                                                                       |
| Grants made under this subsection may not exceed 50 per centum of the |
| costs of developing a State program before Secretarial approval, or   |
| of administering the program thereafter.                              |
|                                                                       |
| **(k)** Delegation of administration and enforcement to States        |
|                                                                       |
| The Secretary is authorized and directed to enter into cooperative    |
| arrangements with the appropriate officials of any State for the      |
| delegation to such State of the administration and enforcement of     |
| this subchapter: Provided, That any such arrangement shall contain    |
| such provisions as the Secretary deems appropriate to insure that the |
| purposes and policies of this chapter will be carried out.            |
|                                                                       |
| **(l)** Authorization of appropriations                               |
|                                                                       |
| > **(1)** There are authorized to be appropriated to the Department   |
| > of the Interior, for the purposes of carrying out this section, not |
| > to exceed \$400,000 for each of the fiscal years ending September   |
| > 30, 1979, September 30, 1980, and September 30, 1981.               |
| >                                                                     |
| > **(2)** There are authorized to be appropriated to the Department   |
| > of Commerce, for the purposes of carrying out this section, not to  |
| > exceed \$225,000 for each of the fiscal years ending September 30,  |
| > 1979, September 30, 1980, and September 30, 1981.                   |
+-----------------------------------------------------------------------+
| **§ 1380. Marine mammal research grants**                             |
+-----------------------------------------------------------------------+
| **(a)** Authorization; research concerning yellowfin tuna; annual     |
| report                                                                |
|                                                                       |
| The Secretary is authorized to make grants, or to provide financial   |
| assistance in such other form as he deems appropriate, to any Federal |
| or State agency, public or private institution, or other person for   |
| the purpose of assisting such agency, institution, or person to       |
| undertake research in subjects which are relevant to the protection   |
| and conservation of marine mammals. In carrying out this subsection,  |
| the Secretary shall undertake a program of, and shall provide         |
| financial assistance for, research into new methods of locating and   |
| catching yellowfin tuna without the incidental taking of marine       |
| mammals. The Secretary shall include a description of the annual      |
| results of research carried out under this section in the report      |
| required under section                                                |
| [1373](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| [(f)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html#f) |
| of this title.                                                        |
|                                                                       |
| **(b)** Terms and conditions                                          |
|                                                                       |
| Any grant or other financial assistance provided by the Secretary     |
| pursuant to this section shall be subject to such terms and           |
| conditions as the Secretary deems necessary to protect the interests  |
| of the United States and shall be made after review by the Marine     |
| Mammal Commission.                                                    |
|                                                                       |
| **(c)** Gulf of Maine ecosystem protection                            |
|                                                                       |
| > **(1)** No later than 1 year after April 30, 1994, the Secretary of |
| > Commerce shall convene a regional workshop for the Gulf of Maine to |
| > assess human-caused factors affecting the health and stability of   |
| > that marine ecosystem, of which marine mammals are a part. The      |
| > workshop shall be conducted in consultation with the Marine Mammal  |
| > Commission, the adjacent coastal States, individuals with expertise |
| > in marine mammal biology and ecology, representatives from          |
| > environmental organizations, the fishing industry, and other        |
| > appropriate persons. The goal of the workshop shall be to identify  |
| > such factors, and to recommend a program of research and management |
| > to restore or maintain that marine ecosystem and its key components |
| > that---                                                             |
| >                                                                     |
| > **(A)** protects and encourages marine mammals to develop to the    |
| > greatest extent feasible commensurate with sound policies of        |
| > resource management;                                                |
| >                                                                     |
| > **(B)** has as the primary management objective the maintenance of  |
| > the health and stability of the marine ecosystems;                  |
| >                                                                     |
| > **(C)** ensures the fullest possible range of management options    |
| > for future generations; and                                         |
| >                                                                     |
| > **(D)** permits nonwasteful, environmentally sound development of   |
| > renewable and nonrenewable resources.                               |
| >                                                                     |
| > **(2)** On or before December 31, 1995, the Secretary of Commerce   |
| > shall submit to the Committee on Merchant Marine and Fisheries of   |
| > the House of Representatives and the Committee on Commerce, Science |
| > and Transportation of the Senate a report containing the results of |
| > the workshop under this subsection, proposed regulatory or research |
| > actions, and recommended legislative action.                        |
|                                                                       |
| **(d)** Bering Sea ecosystem protection                               |
|                                                                       |
| > **(1)** The Secretary of Commerce, in consultation with the         |
| > Secretary of the Interior, the Marine Mammal Commission, the State  |
| > of Alaska, and Alaska Native organizations, shall, not later than   |
| > 180 days after April 30, 1994, undertake a scientific research      |
| > program to monitor the health and stability of the Bering Sea       |
| > marine ecosystem and to resolve uncertainties concerning the causes |
| > of population declines of marine mammals, sea birds, and other      |
| > living resources of that marine ecosystem. The program shall        |
| > address the research recommendations developed by previous          |
| > workshops on Bering Sea living marine resources, and shall include  |
| > research on subsistence uses of such resources and ways to provide  |
| > for the continued opportunity for such uses.                        |
| >                                                                     |
| > **(2)** To the maximum extent practicable, the research program     |
| > undertaken pursuant to paragraph (1) shall be conducted in Alaska.  |
| > The Secretary of Commerce shall utilize, where appropriate,         |
| > traditional local knowledge and may contract with a qualified       |
| > Alaska Native organization to conduct such research.                |
| >                                                                     |
| > **(3)** The Secretary of Commerce, the Secretary of the Interior,   |
| > and the Commission shall address the status and findings of the     |
| > research program in their annual reports to Congress required by    |
| > sections                                                            |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html#f) |
| > and                                                                 |
| > [1404](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001404----000-.html) |
| > of this title.                                                      |
+-----------------------------------------------------------------------+
| **§ 1381. Commercial fisheries gear development**                     |
+-----------------------------------------------------------------------+
| **(a)** Research and development program; report to Congress;         |
| authorization of appropriations                                       |
|                                                                       |
| The Secretary of the department in which the National Oceanic and     |
| Atmospheric Administration is operating (hereafter referred to in     |
| this section as the "Secretary") is hereby authorized and directed to |
| immediately undertake a program of research and development for the   |
| purpose of devising improved fishing methods and gear so as to reduce |
| to the maximum extent practicable the incidental taking of marine     |
| mammals in connection with commercial fishing. At the end of the full |
| twenty-four calendar month period following October 21, 1972, the     |
| Secretary shall deliver his report in writing to the Congress with    |
| respect to the results of such research and development. For the      |
| purposes of this section, there is hereby authorized to be            |
| appropriated the sum of \$1,000,000 for the fiscal year ending June   |
| 30, 1973, and the same amount for the next fiscal year. Funds         |
| appropriated for this section shall remain available until expended.  |
|                                                                       |
| **(b)** Reduction of level of taking of marine mammals incidental to  |
| commercial fishing operations                                         |
|                                                                       |
| The Secretary, after consultation with the Marine Mammal Commission,  |
| is authorized and directed to issue, as soon as practicable, such     |
| regulations, covering the twenty-four-month period referred to in     |
| section                                                               |
| [1371](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| [(a)(2)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_2) |
| of this title, as he deems necessary or advisable, to reduce to the   |
| lowest practicable level the taking of marine mammals incidental to   |
| commercial fishing operations. Such regulations shall be adopted      |
| pursuant to section                                                   |
| [553](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| In issuing such regulations, the Secretary shall take into account    |
| the results of any scientific research under subsection (a) of this   |
| section and, in each case, shall provide a reasonable time not        |
| exceeding four months for the persons affected to implement such      |
| regulations.                                                          |
|                                                                       |
| **(c)** Reduction of level of taking of marine mammals in tuna        |
| fishery                                                               |
|                                                                       |
| Additionally, the Secretary and Secretary of State are directed to    |
| commence negotiations within the Inter-American Tropical Tuna         |
| Commission in order to effect essential compliance with the           |
| regulatory provisions of this chapter so as to reduce to the maximum  |
| extent feasible the incidental taking of marine mammals by vessels    |
| involved in the tuna fishery. The Secretary and Secretary of State    |
| are further directed to request the Director of Investigations of the |
| Inter-American Tropical Tuna Commission to make recommendations to    |
| all member nations of the Commission as soon as is practicable as to  |
| the utilization of methods and gear devised under subsection (a) of   |
| this section.                                                         |
|                                                                       |
| **(d)** Research and observation                                      |
|                                                                       |
| Furthermore, after timely notice and during the period of research    |
| provided in this section, duly authorized agents of the Secretary are |
| hereby empowered to board and to accompany any commercial fishing     |
| vessel documented under the laws of the United States, there being    |
| space available, on a regular fishing trip for the purpose of         |
| conducting research or observing operations in regard to the          |
| development of improved fishing methods and gear as authorized by     |
| this section. Such research and observation shall be carried out in   |
| such manner as to minimize interference with fishing operations. The  |
| Secretary shall provide for the cost of quartering and maintaining    |
| such agents. No master, operator, or owner of such a vessel shall     |
| impair or in any way interfere with the research or observation being |
| carried out by agents of the Secretary pursuant to this section.      |
+-----------------------------------------------------------------------+
| **§ 1382. Regulations and administration**                            |
+-----------------------------------------------------------------------+
| **(a)** Consultation with Federal agencies                            |
|                                                                       |
| The Secretary, in consultation with any other Federal agency to the   |
| extent that such agency may be affected, shall prescribe such         |
| regulations as are necessary and appropriate to carry out the         |
| purposes of this subchapter.                                          |
|                                                                       |
| **(b)** Cooperation by Federal agencies                               |
|                                                                       |
| Each Federal agency is authorized and directed to cooperate with the  |
| Secretary, in such manner as may be mutually agreeable, in carrying   |
| out the purposes of this subchapter.                                  |
|                                                                       |
| **(c)** Contracts, leases, and cooperative agreements                 |
|                                                                       |
| The Secretary may enter into such contracts, leases, cooperative      |
| agreements, or other transactions as may be necessary to carry out    |
| the purposes of this subchapter or subchapter V of this chapter and   |
| on such terms as he deems appropriate with any Federal or State       |
| agency, public or private institution, or other person.               |
|                                                                       |
| **(d)** Annual review; suspension of program                          |
|                                                                       |
| The Secretary shall review annually the operation of each program in  |
| which the United States participates involving the taking of marine   |
| mammals on lands. If at any time the Secretary finds that any such    |
| program cannot be administered on lands owned by the United States or |
| in which the United States has an interest in a manner consistent     |
| with the purposes of policies of this chapter, he shall suspend the   |
| operation of that program and shall include in the annual report to   |
| the public and the Congress required under section                    |
| [1373](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| [(f)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html#f) |
| of this title his reasons for such suspension, together with          |
| recommendations for such legislation as he deems necessary and        |
| appropriate to resolve the problem.                                   |
|                                                                       |
| **(e)** Measures to alleviate impacts on strategic stocks             |
|                                                                       |
| If the Secretary determines, based on a stock assessment under        |
| section                                                               |
| [1386](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| of this title or other significant new information obtained under     |
| this chapter, that impacts on rookeries, mating grounds, or other     |
| areas of similar ecological significance to marine mammals may be     |
| causing the decline or impeding the recovery of a strategic stock,    |
| the Secretary may develop and implement conservation or management    |
| measures to alleviate those impacts. Such measures shall be developed |
| and implemented after consultation with the Marine Mammal Commission  |
| and the appropriate Federal agencies and after notice and opportunity |
| for public comment.                                                   |
+-----------------------------------------------------------------------+
| **§ 1383. Application to other treaties and conventions**             |
+-----------------------------------------------------------------------+
| **(a)** Generally; findings; waiver of penalties                      |
|                                                                       |
| The provisions of this subchapter shall be deemed to be in addition   |
| to and not in contravention of the provisions of any existing         |
| international treaty, convention, or agreement, or any statute        |
| implementing the same, which may otherwise apply to the taking of     |
| marine mammals. Upon a finding by the Secretary that the provisions   |
| of any international treaty, convention, or agreement, or any statute |
| implementing the same has been made applicable to persons subject to  |
| the provisions of this subchapter in order to effect essential        |
| compliance with the regulatory provisions of this chapter so as to    |
| reduce to the lowest practicable level the taking of marine mammals   |
| incidental to commercial fishing operations, section                  |
| [1375](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| of this title may not apply to such persons.                          |
|                                                                       |
| **(b)** Review of effectiveness of Agreement on the Conservation of   |
| Polar Bears                                                           |
|                                                                       |
| Not later than 1 year after April 30, 1994, the Secretary of the      |
| Interior shall, in consultation with the contracting parties,         |
| initiate a review of the effectiveness of the Agreement on the        |
| Conservation of Polar Bears, as provided for in Article IX of the     |
| Agreement, and establish a process by which future reviews shall be   |
| conducted.                                                            |
|                                                                       |
| **(c)** Review of implementation of Agreement on the Conservation of  |
| Polar Bears; report                                                   |
|                                                                       |
| The Secretary of the Interior, in consultation with the Secretary of  |
| State and the Marine Mammal Commission, shall review the              |
| effectiveness of United States implementation of the Agreement on the |
| Conservation of Polar Bears, particularly with respect to the habitat |
| protection mandates contained in Article II. The Secretary shall      |
| report the results of this review to the Committee on Merchant Marine |
| and Fisheries of the House of Representatives and the Committee on    |
| Commerce, Science, and Transportation of the Senate not later than    |
| April 1, 1995.                                                        |
|                                                                       |
| **(d)** Consultation regarding conservation of polar bears in Russia  |
| and Alaska; report                                                    |
|                                                                       |
| Not later than 6 months after April 30, 1994, the Secretary of the    |
| Interior, acting through the Secretary of State and in consultation   |
| with the Marine Mammal Commission and the State of Alaska, shall      |
| consult with the appropriate officials of the Russian Federation on   |
| the development and implementation of enhanced cooperative research   |
| and management programs for the conservation of polar bears in Alaska |
| and Russia. The Secretary shall report the results of this            |
| consultation and provide periodic progress reports on the research    |
| and management programs to the Committee on Merchant Marine and       |
| Fisheries of the House of Representatives and the Committee on        |
| Commerce, Science and Transportation of the Senate.                   |
+-----------------------------------------------------------------------+
| **§ 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                                                |
|                                                                       |
| > **(1)** During the period beginning on November 23, 1988, and until |
| > superseded by regulations prescribed under section                  |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title, or until September 1, 1995, whichever is earlier,    |
| > except as provided in paragraph (2), the provisions of this         |
| > section, rather than sections                                       |
| > [1371](http://assembler.la                                          |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html), |
| > [1373](http://assembler.la                                          |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html), |
| > and                                                                 |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > of this title, shall govern the incidental taking of marine mammals |
| > in the course of commercial fishing operations by persons using     |
| > vessels of the United States and vessels which have valid fishing   |
| > permits issued by the Secretary in accordance with section          |
| > [1824](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html#b) |
| > of this title. In any event it shall be the immediate goal that the |
| > incidental kill or 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.                                                        |
| >                                                                     |
| > **(2)** The provisions of this section other than subsection        |
| > (e)(6)(A) of this section shall not govern the incidental taking of |
| > marine mammals in the course of commercial yellowfin tuna fishing   |
| > subject to section                                                  |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > [(h)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html#h_2) |
| > of this title.                                                      |
|                                                                       |
| **(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                                                      |
|                                                                       |
| > **(1)** The Secretary shall, after consultation with the Marine     |
| > Mammal Commission---                                                |
| >                                                                     |
| > **(A)** publish in the Federal Register, for public comment, not    |
| > later than sixty days after November 23, 1988, a proposed list of   |
| > those fisheries, along with a statement of the marine mammals and   |
| > the approximate number of vessels or persons involved in each such  |
| > fishery, that have---                                               |
| >                                                                     |
| > **(i)** frequent incidental taking of marine mammals;               |
| >                                                                     |
| > **(ii)** occasional incidental taking of marine mammals; or         |
| >                                                                     |
| > **(iii)** a remote likelihood of or no known incidental taking of   |
| > marine mammals;                                                     |
| >                                                                     |
| > **(B)** publish in the Federal Register not later than one hundred  |
| > and twenty days after November 23, 1988, a final list of the        |
| > fisheries and other information required by paragraph (A), together |
| > with a summary of the provisions of this section and information    |
| > sufficient to advise vessel owners on how to obtain an exemption    |
| > and otherwise comply with the requirements of this section; and     |
| >                                                                     |
| > **(C)** at least once each year thereafter, and at such other times |
| > as the Secretary considers appropriate, reexamine, based on         |
| > information gathered from the program established under subsections |
| > (c), (d), (e), and (f) of this section, and other relevant sources  |
| > and after notice and opportunity for public comment, the            |
| > classification of fisheries and other determinations required under |
| > subparagraph (A) and publish in the Federal Register any necessary  |
| > changes.                                                            |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** An exemption shall be granted by the Secretary in           |
| > accordance with this section for a vessel engaged in a fishery      |
| > identified under paragraph (1)(A)(i) or (ii), upon receipt by the   |
| > Secretary of a completed registration form providing the name of    |
| > the vessel owner, the name and description of the vessel, the       |
| > fisheries in which it will be engaged, and such other information   |
| > as the Secretary considers necessary. A decal or other physical     |
| > evidence that the exemption is current and valid shall be issued by |
| > the Secretary at the time an exemption is granted, and so long as   |
| > the exemption remains current and valid, shall be reissued annually |
| > thereafter.                                                         |
| >                                                                     |
| > **(B)** No exemption may be granted under this section to the owner |
| > of a vessel unless such vessel---                                   |
| >                                                                     |
| > **(i)** is a vessel of the United States; or                        |
| >                                                                     |
| > **(ii)** has a valid fishing permit issued by the Secretary in      |
| > accordance with section                                             |
| > [1824](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html#b) |
| > of this title.                                                      |
| >                                                                     |
| > **(C)** Notwithstanding any other provision of this subchapter,     |
| > exemptions granted under this section shall authorize the           |
| > incidental taking of marine mammals, other than California sea      |
| > otters, from any species or stock, including a population stock     |
| > designated as depleted, but shall not authorize the intentional     |
| > lethal taking of any Steller sea lion, any cetacean, or any marine  |
| > mammals from a population stock designated as depleted.             |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** Beginning two hundred and forty days after November 23,     |
| > 1988, each owner of a vessel engaged in any fishery identified      |
| > under paragraph (1)(A)(i) or (ii) shall, in order to engage         |
| > lawfully in that fishery---                                         |
| >                                                                     |
| > **(i)** have registered with the Secretary in order to obtain for   |
| > each such vessel owned an exemption for the purpose of incidentally |
| > taking marine mammals in accordance with this section;              |
| >                                                                     |
| > **(ii)** ensure that a decal or such other physical evidence of a   |
| > current and valid exemption as the Secretary may require is         |
| > displayed on or is in the possession of the master of each such     |
| > vessel; and                                                         |
| >                                                                     |
| > **(iii)** report as required by subsection (c) of this section.     |
| >                                                                     |
| > **(B)** Any owner of a vessel receiving an exemption under this     |
| > section for any fishery identified under paragraph (1)(A)(i) shall, |
| > as a condition of that exemption, take on board a natural resource  |
| > observer if requested to do so by the Secretary.                    |
| >                                                                     |
| > **(C)** An owner of a vessel engaged in a fishery identified under  |
| > paragraph (1)(A)(i) or (ii) who---                                  |
| >                                                                     |
| > **(i)** fails to obtain from the Secretary an exemption under this  |
| > section;                                                            |
| >                                                                     |
| > **(ii)** fails to maintain a current and valid exemption; or        |
| >                                                                     |
| > **(iii)** fails to ensure that a decal or other physical evidence   |
| > of such exemption issued by the Secretary is displayed on or is in  |
| > possession of the master of the vessel,                             |
| >                                                                     |
| > and the master of any such vessel engaged in such fishery, shall be |
| > deemed to have violated this subchapter, and shall be subject to    |
| > the penalties of this subchapter except in the case of unknowing    |
| > violations before January 1, 1990.                                  |
| >                                                                     |
| > **(D)** If the owner of a vessel has obtained and maintains a       |
| > current and valid exemption from the Secretary under this section   |
| > and meets the requirements set forth in this section, the owner of  |
| > such vessel, and the master and crew members of the vessel, shall   |
| > not be subject to the penalties set forth in this subchapter for    |
| > the incidental taking of marine mammals while such vessel is        |
| > engaged in a fishery to which the exemption applies.                |
| >                                                                     |
| > **(E)** Each owner of a vessel engaged in any fishery not           |
| > identified in paragraph (1)(A)(i) or (ii), and the master and crew  |
| > members of such a vessel, shall not be subject to the penalties set |
| > forth in this subchapter for the incidental taking of marine        |
| > mammals if such owner reports to the Secretary, in such form and    |
| > manner as the Secretary may require, instances of lethal incidental |
| > taking in the course of that fishery.                               |
| >                                                                     |
| > **(4)** The Secretary shall suspend or revoke an exemption granted  |
| > under this section and shall not issue a decal or other physical    |
| > evidence of the exemption for any vessel until the owner of such    |
| > vessel complies with the reporting requirements under subsection    |
| > (c) of this section and such requirements to take on board a        |
| > natural resource observer under paragraph (3)(B) as are applicable  |
| > to such vessel.                                                     |
| >                                                                     |
| > **(5)**                                                             |
| >                                                                     |
| > **(A)** The Secretary shall develop, in consultation with the       |
| > appropriate States, Regional Fishery Management Councils, and other |
| > interested parties, the means by which the granting and             |
| > administration of exemptions under this section shall be integrated |
| > and coordinated, to the maximum extent practicable, with existing   |
| > fishery licenses, registrations, and related programs.              |
| >                                                                     |
| > **(B)** The Secretary shall utilize newspapers of general           |
| > circulation, fishery trade associations, electronic media, and      |
| > other means of advising commercial fishermen of the provisions of   |
| > this section and the means by which they can comply with its        |
| > requirements.                                                       |
| >                                                                     |
| > **(C)** The Secretary is authorized to charge a fee for the         |
| > granting of an exemption under this subsection. The level of fees   |
| > charged under this subparagraph shall not exceed the administrative |
| > costs incurred in granting an exemption. Fees collected under this  |
| > subparagraph shall be available to the Under Secretary of Commerce  |
| > for Oceans and Atmosphere for expenses incurred in the granting and |
| > administration of exemptions under this section.                    |
|                                                                       |
| **(c)** Compilation of information by vessel owners; contents         |
|                                                                       |
| The owner of each vessel holding an exemption granted under           |
| subsection (b) of this section shall regularly compile information    |
| which shall be used in a report to be submitted to the Secretary at   |
| the close of the fishing season or annually, as the Secretary may     |
| prescribe. Such report shall be submitted in such form as the         |
| Secretary may require and shall include the following:                |
|                                                                       |
| > **(1)** the type of fishery engaged in by the owner's vessel;       |
| >                                                                     |
| > **(2)** the date and approximate time of any incidental taking of a |
| > marine mammal, together with the area in which the incidental       |
| > taking occurred, the fishing gear used at the time of the           |
| > incidental taking, and the species of fish involved; and            |
| >                                                                     |
| > **(3)** for each incidental taking, the number and species of       |
| > marine mammals involved, whether the marine mammals were deterred   |
| > from gear or catch, incidentally injured, incidentally killed, or   |
| > lethally removed to protect gear, catch, or human life.             |
|                                                                       |
| If there was no incidental taking of marine mammals during the        |
| reporting period, a report stating that fact shall be filed with the  |
| Secretary.                                                            |
|                                                                       |
| **(d)** Program for enhancement and verification of information       |
| received from vessel owners; confidentiality of information           |
|                                                                       |
| > **(1)** The Secretary shall establish a program to enhance the      |
| > quality of and verify information received from reports submitted   |
| > by owners of vessels who have been granted an exemption under       |
| > subsection (b) of this section. The program shall include, but not  |
| > be limited to---                                                    |
| >                                                                     |
| > **(A)** education efforts regarding the information that must be    |
| > submitted;                                                          |
| >                                                                     |
| > **(B)** interviews with fishermen; and                              |
| >                                                                     |
| > **(C)** other such information gathering and verification           |
| > activities that will enable the Secretary to determine reliably the |
| > nature, type, and extent of the incidental taking of marine mammals |
| > that occurs in a fishery.                                           |
| >                                                                     |
| > Except to the extent authorized by the provisions of subsection (e) |
| > of this section, the program shall not include placement of         |
| > observers aboard exempted vessels.                                  |
| >                                                                     |
| > **(2)** Information obtained under this subsection shall be subject |
| > to the confidentiality provisions of subsection (j) of this         |
| > section.                                                            |
|                                                                       |
| **(e)** Observers on board exempted vessels; confidentiality of       |
| information; authorization of appropriations                          |
|                                                                       |
| > **(1)** For each fishery identified under subsection (b)(1)(A)(i)   |
| > of this section, the Secretary shall, after consultation with the   |
| > appropriate Regional Fishery Management Councils, other Federal and |
| > State agencies, and other interested parties, and subject to        |
| > paragraph (6), place observers on board exempted vessels so as to   |
| > monitor not less than 20 percent nor more than 35 percent of the    |
| > fishing operations by vessels in the fishery to obtain              |
| > statistically reliable information on the species and number of     |
| > marine mammals incidentally taken in the fishery. If the Secretary  |
| > determines that fewer than 20 percent of the fishing operations by  |
| > vessels in the fishery will be monitored during the course of the   |
| > fishing season, the Secretary shall implement the alternative       |
| > observation program described in subsection (f) of this section to  |
| > the extent necessary to supplement the observer program described   |
| > in this subsection.                                                 |
| >                                                                     |
| > **(2)** When determining the distribution of observers among        |
| > fisheries and between vessels in a particular fishery, the          |
| > Secretary shall be guided by the following standards:               |
| >                                                                     |
| > **(A)** the requirement to obtain the best scientific information   |
| > available;                                                          |
| >                                                                     |
| > **(B)** the requirement that assignment of observers is fair and    |
| > equitable among fisheries and among vessels in a fishery;           |
| >                                                                     |
| > **(C)** consistent with paragraph (1), the requirement that no      |
| > individual person or vessel, or group of persons or vessels, be     |
| > subject to excessive or overly burdensome observer coverage; and    |
| >                                                                     |
| > **(D)** where practicable, the need to minimize costs and avoid     |
| > duplication.                                                        |
| >                                                                     |
| > **(3)** If the Secretary finds that, for reasons beyond his or her  |
| > control, the Secretary cannot assign observers to all the fisheries |
| > identified under subsection (b)(1)(A)(i) of this section at the     |
| > level of observer coverage set forth in paragraph (1), the          |
| > Secretary shall allocate available observers among such fisheries,  |
| > consistent with paragraph (2), according to the following priority: |
| >                                                                     |
| > **(A)** those fisheries that incidentally take marine mammals from  |
| > any population stock designated as depleted;                        |
| >                                                                     |
| > **(B)** those fisheries that incidentally take marine mammals from  |
| > population stocks that the Secretary believes are declining;        |
| >                                                                     |
| > **(C)** those fisheries other than those described in subparagraphs |
| > (A) and (B) in which the greatest incidental take of marine mammals |
| > occur; and                                                          |
| >                                                                     |
| > **(D)** any other fishery identified under subsection (b)(1)(A)(i)  |
| > of this section.                                                    |
| >                                                                     |
| > The Secretary may, with the consent of the vessel owner, station an |
| > observer on board a vessel engaged in a fishery not identified      |
| > under subsection (b)(1)(A)(i) of this section.                      |
| >                                                                     |
| > **(4)** Information gathered by observers shall be subject to the   |
| > provisions of subsection (j) of this section. Consistent with the   |
| > requirements of paragraph (1), the Secretary shall, if requested by |
| > the                                                                 |
| > Appropriate [\[1\]](http://assembler.law.cornell.e                  |
| du/uscode/html/uscode16/usc_sec_16_00001383---a000-.html#FN-1%23FN-1) |
| > Regional Fishery Management Council, or in the case of a State      |
| > fishery, the State, require observers to collect additional         |
| > information, including but not limited to the quantities, species,  |
| > and physical condition of target and non-target fishery resources   |
| > and, if requested by the Secretary of the Interior, seabirds.       |
| >                                                                     |
| > **(5)** Notwithstanding the provisions of paragraph (4), the        |
| > Secretary may decline to require observers to collect information   |
| > described in such paragraph, if the Secretary finds in writing,     |
| > following public notice and opportunity for comment, that such      |
| > information will not contribute to the protection of marine mammals |
| > or the understanding of the marine ecosystem, including fishery     |
| > resources and seabirds.                                             |
| >                                                                     |
| > **(6)** The Secretary shall not be required to place an observer on |
| > a vessel in a fishery if the Secretary finds that---                |
| >                                                                     |
| > **(A)** in a situation where harvesting vessels are delivering fish |
| > to a processing vessel and the catch is not taken on board the      |
| > harvesting vessel, statistically reliable information can be        |
| > obtained from an observer on board the processing vessel to which   |
| > the fish are delivered;                                             |
| >                                                                     |
| > **(B)** the facilities of a vessel for the quartering of an         |
| > observer, or for carrying out observer functions, are so inadequate |
| > or unsafe that the health or safety of the observer or the safe     |
| > operation of the vessel would be jeopardized; or                    |
| >                                                                     |
| > **(C)** for reasons beyond the control of the Secretary, an         |
| > observer is not available.                                          |
| >                                                                     |
| > **(7)**                                                             |
| >                                                                     |
| > **(A)** An observer on a vessel (or the observer's personal         |
| > representative) under the requirements of this section or section   |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > of this title that is ill, disabled, injured, or killed from        |
| > service as an observer on that vessel may not bring a civil action  |
| > under any law of the United States for that illness, disability,    |
| > injury, or death against the vessel or vessel owner, except that a  |
| > civil action may be brought against the vessel owner for the        |
| > owner's willful misconduct.                                         |
| >                                                                     |
| > **(B)** This paragraph does not apply if the observer is engaged by |
| > the owner, master, or individual in charge of a vessel to perform   |
| > any duties in service to the vessel.                                |
| >                                                                     |
| > **(8)** There are authorized to be appropriated to the Department   |
| > of Commerce for the purposes of carrying out this subsection not to |
| > exceed \$2,700,000 for fiscal year 1989 and not to exceed           |
| > \$8,000,000 for each of the fiscal years 1990, 1991, 1992, and      |
| > 1993.                                                               |
|                                                                       |
| **(f)** Alternative observation program                               |
|                                                                       |
| > **(1)** The Secretary shall establish an alternative observation    |
| > program to provide statistically reliable information on the        |
| > species and number of marine mammals incidentally taken in those    |
| > fisheries identified pursuant to subsection (b)(1)(A)(i) of this    |
| > section for which the required level of observer coverage has not   |
| > been met or for any other fisheries about which such reliable       |
| > information is not otherwise available. The alternative program     |
| > shall include, but not be limited to, direct observation of fishing |
| > activities from vessels, airplanes, or points on shore.             |
| >                                                                     |
| > **(2)** Individuals engaged in the alternative observation program  |
| > shall collect scientific information on the fisheries subject to    |
| > observation, consistent with the requirements of paragraph (1) and  |
| > subsection (e)(4) and (5) of this section. All information          |
| > collected shall be subject to the provisions of subsection (j) of   |
| > this section.                                                       |
|                                                                       |
| **(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                     |
|                                                                       |
| > **(1)** The Secretary shall review information regarding the        |
| > incidental taking of marine mammals and evaluate the effects of     |
| > such incidental taking on the affected population stocks of marine  |
| > mammals.                                                            |
| >                                                                     |
| > **(2)** If the Secretary finds, based on the information received   |
| > from the programs established under subsections (c), (d), (e), and  |
| > (f) of this section, that the incidental taking of marine mammals   |
| > in a fishery is having an immediate and significant adverse impact  |
| > on a marine mammal population stock or, in the case of Steller sea  |
| > lions and North Pacific fur seals, that more than 1,350 and 50,     |
| > respectively, will be incidentally killed during a calendar year,   |
| > the Secretary shall consult with appropriate Regional Fishery       |
| > Management Councils and State fishery managers and prescribe        |
| > emergency regulations to prevent to the maximum extent practicable  |
| > any further taking. Any emergency regulations prescribed under this |
| > paragraph---                                                        |
| >                                                                     |
| > **(A)** shall, to the maximum extent practicable, avoid interfering |
| > with existing State or regional fishery management plans;           |
| >                                                                     |
| > **(B)** shall be published in the Federal Register together with    |
| > the reasons therefor;                                               |
| >                                                                     |
| > **(C)** shall remain in effect for not more than one hundred and    |
| > eighty days or until the end of the fishing season, whichever is    |
| > earlier; and                                                        |
| >                                                                     |
| > **(D)** may be terminated by the Secretary at an earlier date by    |
| > publication in the Federal Register of a notice of termination if   |
| > the Secretary determines the reasons for the emergency regulations  |
| > no longer exist.                                                    |
| >                                                                     |
| > In prescribing emergency regulations under this paragraph, the      |
| > Secretary shall take into account the economics of the fishery      |
| > concerned and the availability of existing technology to prevent or |
| > minimize incidental taking of marine mammals.                       |
| >                                                                     |
| > **(3)** If the Secretary finds, based on information received from  |
| > the programs established under subsections (c), (d), (e), and (f)   |
| > of this section, that incidental taking of marine mammals in a      |
| > fishery is not having an immediate and significant adverse impact   |
| > on a marine mammal population stock but that it will likely have a  |
| > significant adverse impact over a period of time longer than one    |
| > year, the Secretary shall request the appropriate Regional Fishery  |
| > Management Council or State to initiate, recommend, or take such    |
| > action within its authority as it considers necessary to mitigate   |
| > the adverse impacts, including adjustments to requirements on       |
| > fishing times or areas or the imposition of restrictions on the use |
| > of vessels or gear.                                                 |
| >                                                                     |
| > **(4)** The Secretary shall impose appropriate conditions and       |
| > restrictions on an exemption granted under subsection (b) of this   |
| > section if---                                                       |
| >                                                                     |
| > **(A)** a Regional Fishery Management Council or State does not act |
| > in a reasonable period of time on a request made by the Secretary   |
| > under paragraph (3); or                                             |
| >                                                                     |
| > **(B)** if the Secretary determines after notice and opportunity    |
| > for public comment that the purposes of this section would be       |
| > better served by such action.                                       |
|                                                                       |
| **(h)** Information and management system for processing and          |
| analyzing reports and information; accessibility to public            |
|                                                                       |
| The Secretary shall design and implement an information management    |
| system capable of processing and analyzing reports received from the  |
| programs established under subsections (c), (d), (e), and (f) of this |
| section, and other relevant sources, including Federal and State      |
| enforcement authorities, marine mammal stranding networks, and the    |
| marine mammal researchers. The information shall be made accessible   |
| to the public on a continuing basis, but in any case no later than    |
| six months after it is received, subject to the provisions of         |
| subsection (j) of this section.                                       |
|                                                                       |
| **(i)** Utilization of services of State and Federal agencies and     |
| private entities                                                      |
|                                                                       |
| When carrying out the Secretary's responsibilities under subsections  |
| (b), (d), (e), (f), and (h) of this section, the Secretary shall, to  |
| the maximum extent practicable, utilize the services and programs of  |
| State agencies, Federal agencies (including programs established by   |
| Regional Fishery Management Councils), marine fisheries commissions,  |
| universities, and private entities, on a reimbursable basis or        |
| otherwise. The Secretary is authorized to enter into contracts and    |
| agreements to carry out his or her responsibilities and shall         |
| establish appropriate guidelines to ensure that other programs used   |
| or contracted for will meet the same standards as a program           |
| established by the Secretary. A person contracting with the Secretary |
| to provide observer services under subsection (e) of this section     |
| must provide evidence of financial responsibility in an amount and    |
| form prescribed by the Secretary to compensate employees (or their    |
| survivors) adequately for any illness, disability, injury, or death   |
| from service on a vessel.                                             |
|                                                                       |
| **(j)** Confidentiality of information; exceptions                    |
|                                                                       |
| > **(1)** Any information collected under subsection (c), (d), (e),   |
| > (f), or (h) of this section shall be confidential and shall not be  |
| > disclosed except---                                                 |
| >                                                                     |
| > **(A)** to Federal employees whose duties require access to such    |
| > information;                                                        |
| >                                                                     |
| > **(B)** to State employees pursuant to an agreement with the        |
| > Secretary that prevents public disclosure of the identity or        |
| > business of any person;                                             |
| >                                                                     |
| > **(C)** when required by court order; or                            |
| >                                                                     |
| > **(D)** in the case of scientific information involving fisheries,  |
| > to employees of Regional Fishery Management Councils who are        |
| > responsible for fishery management plan development and monitoring. |
| >                                                                     |
| > **(2)** The Secretary shall prescribe such procedures as may be     |
| > necessary to preserve such confidentiality, except that the         |
| > Secretary shall release or make public any such information in      |
| > aggregate, summary, or other form which does not directly or        |
| > indirectly disclose the identity or business of any person.         |
|                                                                       |
| **(k)** Regulations                                                   |
|                                                                       |
| The Secretary, in consultation with any other Federal agency to the   |
| extent that such agency may be affected, shall prescribe such         |
| regulations as necessary and appropriate to carry out the purposes of |
| this section.                                                         |
|                                                                       |
| **(l)** Suggested regime governing incidental taking of marine        |
| mammals following termination of in­terim exemptions                   |
|                                                                       |
| > **(1)** The Chairman of the Marine Mammal Commission shall, after   |
| > consultation with interested parties and not later than February 1, |
| > 1990, transmit to the Secretary and make available to the public    |
| > recommended guidelines to govern the incidental taking of marine    |
| > mammals in the course of commercial fishing operations, other than  |
| > those subject to section                                            |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > [(h)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html#h_2) |
| > of this title, after October 1, 1993. Such guidelines shall be      |
| > developed by the Commission and its Committee of Scientific         |
| > Advisers on Marine Mammals and shall---                             |
| >                                                                     |
| > **(A)** be designed to provide a scientific rationale and basis for |
| > determining how many marine mammals may be incidentally taken under |
| > a regime to be adopted to govern such taking after October 1, 1993; |
| >                                                                     |
| > **(B)** be based on sound principles of wildlife management, and be |
| > consistent with and in furtherance of the purposes and policies set |
| > forth in this chapter; and                                          |
| >                                                                     |
| > **(C)** to the maximum extent practicable, include as factors to be |
| > considered and utilized in determining permissible levels of such   |
| > taking---                                                           |
| >                                                                     |
| > **(i)** the status and trends of the affected marine mammal         |
| > population stocks;                                                  |
| >                                                                     |
| > **(ii)** the abundance and annual net recruitment of such stocks;   |
| >                                                                     |
| > **(iii)** the level of confidence in the knowledge of the affected  |
| > stocks; and                                                         |
| >                                                                     |
| > **(iv)** the extent to which incidental taking will likely cause or |
| > contribute to their decline or prevent their recovery to optimum    |
| > sustainable population levels.                                      |
| >                                                                     |
| > **(2)** The Secretary shall advise the Chairman of the Commission   |
| > in writing if the Secretary determines that any additional          |
| > information or explanation of the Chairman's recommendations is     |
| > needed, and the Chairman shall respond in writing to any such       |
| > request by the Secretary.                                           |
| >                                                                     |
| > **(3)** On or before February 1, 1991, the Secretary, after         |
| > consultation with the Marine Mammal Commission, Regional Fishery    |
| > Management Councils, and other interested governmental and          |
| > nongovernmental organizations, shall publish in the Federal         |
| > Register, for public comment, the suggested regime that the         |
| > Secretary considers should, if authorized by enactment of any       |
| > additional legislation, govern incidental taking of marine mammals, |
| > other than those subject to section                                 |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > [(h)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html#h_2) |
| > of this title, after October 1, 1993. The suggested regime shall    |
| > include---                                                          |
| >                                                                     |
| > **(A)** the scientific guidelines to be used in determining         |
| > permissible levels of incidental taking;                            |
| >                                                                     |
| > **(B)** a description of the arrangements for consultation and      |
| > cooperation with other Federal agencies, the appropriate Regional   |
| > Fishery Management Councils and States, the commercial fishing      |
| > industry, and conservation organizations; and                       |
| >                                                                     |
| > **(C)** a summary of such regulations and legislation as would be   |
| > necessary to implement the suggested regime.                        |
| >                                                                     |
| > **(4)** On or before January 1, 1992, the Secretary, after          |
| > consultation with the Marine Mammal Commission, and consideration   |
| > of public comment, shall transmit to the Committee on Commerce,     |
| > Science, and Transportation of the Senate and the Committee on      |
| > Merchant Marine and Fisheries of the House of Representatives       |
| > recommendations pertaining to the incidental taking of marine       |
| > mammals, other than those subject to section                        |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > [(h)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html#h_2) |
| > of this title, after October 1, 1993. The recommendations shall     |
| > include---                                                          |
| >                                                                     |
| > **(A)** the suggested regime developed under paragraph (3) of this  |
| > subsection as modified after comment and consultations;             |
| >                                                                     |
| > **(B)** a proposed schedule for implementing the suggested regime;  |
| > and                                                                 |
| >                                                                     |
| > **(C)** such recommendations for additional legislation as the      |
| > Secretary considers necessary or desirable to implement the         |
| > suggested regime.                                                   |
|                                                                       |
| **(m)** Consultation with Secretary of the Interior                   |
|                                                                       |
| The Secretary shall consult with the Secretary of the Interior prior  |
| to taking actions or making determinations under this section that    |
| affect or relate to species or population stocks of marine mammals    |
| for which the Secretary of the Interior is responsible under this     |
| subchapter.                                                           |
|                                                                       |
| **(n)** Owner of fixed commercial fishing gear deemed owner of vessel |
| engaged in fishery in which gear deployed                             |
|                                                                       |
| For the purposes of this section, the owner of fixed or other         |
| commercial fishing gear that is deployed with or without the use of a |
| vessel shall be deemed to be an owner of a vessel engaged in the      |
| fishery in which that gear is deployed.                               |
|                                                                       |
| **(o)** Definitions                                                   |
|                                                                       |
| As used in this section---                                            |
|                                                                       |
| > **(1)** the term "fishery" has the same meaning as it does in       |
| > section                                                             |
| > [1802](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001802----000-.html) |
| > [(8)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_s   |
| ec_16_00001802----000-.html#8) [\[2\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00001383---a000-.html#FN-2%23FN-2) |
| > of this title.                                                      |
| >                                                                     |
| > **(2)** the term "Secretary" means the Secretary of Commerce.       |
| >                                                                     |
| > **(3)** the term "vessel engaged in a fishery" means a fishing      |
| > vessel as defined in section                                        |
| > [2101](http://assembler.law.co                                      |
| rnell.edu/uscode/html/uscode46/usc_sec_46_00002101----000-.html)(11a) |
| > of title                                                            |
| > [46](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode46/usc_sup_01_46.html) |
| > or a fish processing vessel as defined in section 2101(11b) of that |
| > title, which is engaged in fishery.                                 |
| >                                                                     |
| > **(4)** the term "vessel of the United States" has the same meaning |
| > as it does in section                                               |
| > [1802](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001802----000-.html) |
| > [(27)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001802----000-.html#27)  |
| > of this title.                                                      |
+-----------------------------------------------------------------------+
| **§ 1383b. Status review; conservation plans**                        |
+-----------------------------------------------------------------------+
| **(a)** Determinations by rule; notice and hearing; findings; final   |
| rule on status of species or stock involved                           |
|                                                                       |
| > **(1)** In any action by the Secretary to determine if a species or |
| > stock should be designated as depleted, or should no longer be      |
| > designated as depleted, regardless of whether such action is taken  |
| > on the initiative of the Secretary or in response to a petition for |
| > a status review, the Secretary shall only make such a determination |
| > by issuance of a rule, after notice and opportunity for public      |
| > comment and after a call for information in accordance with         |
| > paragraph (2).                                                      |
| >                                                                     |
| > **(2)** The Secretary shall make any determination described in     |
| > paragraph (1) solely on the basis of the best scientific            |
| > information available. Prior to the issuance of a proposed rule     |
| > concerning any such determination, the Secretary shall publish in   |
| > the Federal Register a call to assist the Secretary in obtaining    |
| > scientific information from individuals and organizations concerned |
| > with the conservation of marine mammals, from persons in any        |
| > industry which might be affected by the determination, and from     |
| > academic institutions. In addition, the Secretary shall utilize, to |
| > the extent the Secretary determines to be feasible, informal        |
| > working groups of interested parties and other methods to gather    |
| > the necessary information.                                          |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** If the Secretary receives a petition for a status review as |
| > described in paragraph (1), the Secretary shall publish a notice in |
| > the Federal Register that such a petition has been received and is  |
| > available for public review.                                        |
| >                                                                     |
| > **(B)** Within sixty days after receipt of the petition, the        |
| > Secretary shall publish a finding in the Federal Register as to     |
| > whether the petition presents substantial information indicating    |
| > that the petitioned action may be warranted.                        |
| >                                                                     |
| > **(C)** If the Secretary makes a positive finding under             |
| > subparagraph (B), the Secretary shall include in the Federal        |
| > Register notice, a finding that---                                  |
| >                                                                     |
| > **(i)** a review of the status of the species or stock will be      |
| > commenced promptly; or                                              |
| >                                                                     |
| > **(ii)** a prompt review of the petition is precluded by other      |
| > pending status determination petitions and that expeditious         |
| > progress is being made to process pending status determination      |
| > petitions under this subchapter.                                    |
| >                                                                     |
| > In no case after making a finding under this subparagraph shall the |
| > Secretary delay commencing a review of the status of a species or   |
| > stock for more than one hundred and twenty days after receipt of    |
| > the petition.                                                       |
| >                                                                     |
| > **(D)** No later than two hundred and ten days after the receipt of |
| > the petition, the Secretary shall publish in the Federal Register a |
| > proposed rule as to the status of the species or stock, along with  |
| > the reasons underlying the proposed status determination. Persons   |
| > shall have at least sixty days to submit comments on such a         |
| > proposed rule.                                                      |
| >                                                                     |
| > **(E)** Not later than ninety days after the close of the comment   |
| > period on a proposed rule issued under subparagraph (D), the        |
| > Secretary shall issue a final rule on the status of the species or  |
| > stock involved, along with the reasons for the status               |
| > determination. If the Secretary finds with respect to such a        |
| > proposed rule that there is substantial disagreement regarding the  |
| > sufficiency or accuracy of the available information relevant to a  |
| > status determination, the Secretary may delay the issuance of a     |
| > final rule for a period of not more than six months for purposes of |
| > soliciting additional information.                                  |
| >                                                                     |
| > **(F)** Notwithstanding subparagraphs (D) and (E) of this paragraph |
| > and section                                                         |
| > [553](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000553----000-.html) |
| > of title                                                            |
| > [5](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| > the Secretary may issue a final rule as to the status of a species  |
| > or stock any time sixty or more days after a positive finding under |
| > subparagraph (B) if the Secretary determines there is substantial   |
| > information available to warrant such final status determination    |
| > and further delay would pose a significant risk to the well-being   |
| > of any species or stock. Along with the final rule, the Secretary   |
| > shall publish in the Federal Register detailed reasons for the      |
| > expedited determination.                                            |
|                                                                       |
| **(b)** Conservation plans; preparation and implementation            |
|                                                                       |
| > **(1)** The Secretary shall prepare conservation plans---           |
| >                                                                     |
| > **(A)** By December 31, 1989, for North Pacific fur seals;          |
| >                                                                     |
| > **(B)** by December 31, 1990, for Steller sea lions; and            |
| >                                                                     |
| > **(C)** as soon as possible, for any species or stock designated as |
| > depleted under this subchapter, except that a conservation plan     |
| > need not be prepared if the Secretary determines that it will not   |
| > promote the conservation of the species or stock.                   |
| >                                                                     |
| > **(2)** Each plan shall have the purpose of conserving and          |
| > restoring the species or stock to its optimum sustainable           |
| > population. The Secretary shall model such plans on recovery plans  |
| > required under section                                              |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#f) |
| > of this title.                                                      |
| >                                                                     |
| > **(3)** The Secretary shall act expeditiously to implement each     |
| > conservation plan prepared under paragraph (1). Each year, the      |
| > Secretary shall specify in the annual report prepared under section |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > [(f)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html#f) |
| > of this title what measures have been taken to prepare and          |
| > implement such plans.                                               |
| >                                                                     |
| > **(4)** If the Secretary determines that a take reduction plan is   |
| > necessary to reduce the incidental taking of marine mammals in the  |
| > course of commercial fishing operations from a strategic stock, or  |
| > for species or stocks which interact with a commercial fishery for  |
| > which the Secretary has made a determination under section          |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > [(f)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html#f_1) |
| > of this title, any conservation plan prepared under this subsection |
| > for such species or stock shall incorporate the take reduction plan |
| > required under section                                              |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title for such species or stock.                            |
+-----------------------------------------------------------------------+
| **§ 1384. Authorization of appropriations**                           |
+-----------------------------------------------------------------------+
| **(a)** Department of Commerce                                        |
|                                                                       |
| > **(1)** There are authorized to be appropriated to the Department   |
| > of Commerce, for purposes of carrying out its functions and         |
| > responsibilities under this subchapter (other than sections         |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > and                                                                 |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title) and subchapter V of this chapter, \$12,138,000 for   |
| > fiscal year 1994, \$12,623,000 for fiscal year 1995, \$13,128,000   |
| > for fiscal year 1996, \$13,653,000 for fiscal year 1997,            |
| > \$14,200,000 for fiscal year 1998, and \$14,768,000 for fiscal year |
| > 1999.                                                               |
| >                                                                     |
| > **(2)** There are authorized to be appropriated to the Department   |
| > of Commerce, for purposes of carrying out sections                  |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > and                                                                 |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title, \$20,000,000 for each of the fiscal years 1994       |
| > through 1999.                                                       |
|                                                                       |
| **(b)** Department of the Interior                                    |
|                                                                       |
| There are authorized to be appropriated to the Department of the      |
| Interior, for purposes of carrying out its functions and              |
| responsibilities under this subchapter, \$8,000,000 for fiscal year   |
| 1994, \$8,600,000 for fiscal year 1995, \$9,000,000 for fiscal year   |
| 1996, \$9,400,000 for fiscal year 1997, \$9,900,000 for fiscal year   |
| 1998, and \$10,296,000 for fiscal year 1999.                          |
+-----------------------------------------------------------------------+
| **§ 1385. Dolphin protection**                                        |
+-----------------------------------------------------------------------+
| **(a)** Short title                                                   |
|                                                                       |
| This section may be cited as the "Dolphin Protection Consumer         |
| Information Act".                                                     |
|                                                                       |
| **(b)** Findings                                                      |
|                                                                       |
| The Congress finds that---                                            |
|                                                                       |
| > **(1)** dolphins and other marine mammals are frequently killed in  |
| > the course of tuna fishing operations in the eastern tropical       |
| > Pacific Ocean and high seas driftnet fishing in other parts of the  |
| > world;                                                              |
| >                                                                     |
| > **(2)** it is the policy of the United States to support a          |
| > worldwide ban on high seas driftnet fishing, in part because of the |
| > harmful effects that such driftnets have on marine mammals,         |
| > including dolphins; and                                             |
| >                                                                     |
| > **(3)** consumers would like to know if the tuna they purchase is   |
| > falsely labeled as to the effect of the harvesting of the tuna on   |
| > dolphins.                                                           |
|                                                                       |
| **(c)** Definitions                                                   |
|                                                                       |
| For purposes of this section---                                       |
|                                                                       |
| > **(1)** the terms "driftnet" and "driftnet fishing" have the        |
| > meanings given those terms in section 4003 of the Driftnet Impact   |
| > Monitoring, Assessment, and Control Act of 1987                     |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C. [1822                                                        |
| > note](http://assembler.law.co                                       |
| rnell.edu/uscode/html/uscode16/usc_sec_16_00001822----000-notes.html) |
| > );                                                                  |
| >                                                                     |
| > **(2)** the term "eastern tropical Pacific Ocean" means the area of |
| > the Pacific Ocean bounded by 40 degrees north latitude, 40 degrees  |
| > south latitude, 160 degrees west longitude, and the western         |
| > coastlines of North, Central, and South America;                    |
| >                                                                     |
| > **(3)** the term "label" means a display of written, printed, or    |
| > graphic matter on or affixed to the immediate container of any      |
| > article;                                                            |
| >                                                                     |
| > **(4)** the term "Secretary" means the Secretary of Commerce; and   |
| >                                                                     |
| > **(5)** the term "tuna product" means a food item which contains    |
| > tuna and which has been processed for retail sale, except           |
| > perishable sandwiches, salads, or other products with a shelf life  |
| > of less than 3 days.                                                |
|                                                                       |
| **(d)** Labeling standard                                             |
|                                                                       |
| > **(1)** It is a violation of section                                |
| > [45](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode15/usc_sec_15_00000045----000-.html) |
| > of title                                                            |
| > [15](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15.html) |
| > for any producer, importer, exporter, distributor, or seller of any |
| > tuna product that is exported from or offered for sale in the       |
| > United States to include on the label of that product the term      |
| > "dolphin safe" or any other term or symbol that falsely claims or   |
| > suggests that the tuna contained in the product were harvested      |
| > using a method of fishing that is not harmful to dolphins if the    |
| > product contains tuna harvested---                                  |
| >                                                                     |
| > **(A)** on the high seas by a vessel engaged in driftnet fishing;   |
| >                                                                     |
| > **(B)** outside the eastern tropical Pacific Ocean by a vessel      |
| > using purse seine nets---                                           |
| >                                                                     |
| > **(i)** in a fishery in which the Secretary has determined that a   |
| > regular and significant association occurs between dolphins and     |
| > tuna (similar to the association between dolphins and tuna in the   |
| > eastern tropical Pacific Ocean), unless such product is accompanied |
| > by a written statement, executed by the captain of the vessel and   |
| > an observer participating in a national or international program    |
| > acceptable to the Secretary, certifying that no purse seine net was |
| > intentionally deployed on or used to encircle dolphins during the   |
| > particular voyage on which the tuna were caught and no dolphins     |
| > were killed or seriously injured in the sets in which the tuna were |
| > caught; or                                                          |
| >                                                                     |
| > **(ii)** in any other fishery (other than a fishery described in    |
| > subparagraph (D)) unless the product is accompanied by a written    |
| > statement executed by the captain of the vessel certifying that no  |
| > purse seine net was intentionally deployed on or used to encircle   |
| > dolphins during the particular voyage on which the tuna was         |
| > harvested;                                                          |
| >                                                                     |
| > **(C)** in the eastern tropical Pacific Ocean by a vessel using a   |
| > purse seine net unless the tuna meet the requirements for being     |
| > considered dolphin safe under paragraph (2); or                     |
| >                                                                     |
| > **(D)** by a vessel in a fishery other than one described in        |
| > subparagraph (A), (B), or (C) that is identified by the Secretary   |
| > as having a regular and significant mortality or serious injury of  |
| > dolphins, unless such product is accompanied by a written statement |
| > executed by the captain of the vessel and an observer participating |
| > in a national or international program acceptable to the Secretary  |
| > that no dolphins were killed or seriously injured in the sets or    |
| > other gear deployments in which the tuna were caught, provided that |
| > the Secretary determines that such an observer statement is         |
| > necessary.                                                          |
| >                                                                     |
| > **(2)** For purposes of paragraph (1)(C), a tuna product that       |
| > contains tuna harvested in the eastern tropical Pacific Ocean by a  |
| > vessel using purse seine nets is dolphin safe if---                 |
| >                                                                     |
| > **(A)** the vessel is of a type and size that the Secretary has     |
| > determined, consistent with the International Dolphin Conservation  |
| > Program, is not capable of deploying its purse seine nets on or to  |
| > encircle dolphins; or                                               |
| >                                                                     |
| > **(B)**                                                             |
| >                                                                     |
| > **(i)** the product is accompanied by a written statement executed  |
| > by the captain providing the certification required under           |
| > subsection (h) of this section;                                     |
| >                                                                     |
| > **(ii)** the product is accompanied by a written statement executed |
| > by---                                                               |
| >                                                                     |
| > **(I)** the Secretary or the Secretary's designee;                  |
| >                                                                     |
| > **(II)** a representative of the Inter-American Tropical Tuna       |
| > Commission; or                                                      |
| >                                                                     |
| > **(III)** an authorized representative of a participating nation    |
| > whose national program meets the requirements of the International  |
| > Dolphin Conservation Program,                                       |
| >                                                                     |
| > which states that there was an observer approved by the             |
| > International Dolphin Conservation Program on board the vessel      |
| > during the entire trip and that such observer provided the          |
| > certification required under subsection (h) of this section; and    |
| >                                                                     |
| > **(iii)** the statements referred to in clauses (i) and (ii) are    |
| > endorsed in writing by each exporter, importer, and processor of    |
| > the product; and                                                    |
| >                                                                     |
| > **(C)** the written statements and endorsements referred to in      |
| > subparagraph (B) comply with regulations promulgated by the         |
| > Secretary which provide for the verification of tuna products as    |
| > dolphin safe.                                                       |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** The Secretary of Commerce shall develop an official mark    |
| > that may be used to label tuna products as dolphin safe in          |
| > accordance with this                                                |
| > Act.[\[1\]](http://assembler.law.cornell.e                          |
| du/uscode/html/uscode16/usc_sec_16_00001385----000-.html#FN-1%23FN-1) |
| >                                                                     |
| > **(B)** A tuna product that bears the dolphin safe mark developed   |
| > under subparagraph (A) shall not bear any other label or mark that  |
| > refers to dolphins, porpoises, or marine mammals.                   |
| >                                                                     |
| > **(C)** It is a violation of section                                |
| > [45](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode15/usc_sec_15_00000045----000-.html) |
| > of title                                                            |
| > [15](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15.html) |
| > to label a tuna product with any label or mark that refers to       |
| > dolphins, porpoises, or marine mammals other than the mark          |
| > developed under subparagraph (A) unless---                          |
| >                                                                     |
| > **(i)** no dolphins were killed or seriously injured in the sets or |
| > other gear deployments in which the tuna were caught;               |
| >                                                                     |
| > **(ii)** the label is supported by a tracking and verification      |
| > program which is comparable in effectiveness to the program         |
| > established under subsection (f) of this section; and               |
| >                                                                     |
| > **(iii)** the label complies with all applicable labeling,          |
| > marketing, and advertising laws and regulations of the Federal      |
| > Trade Commission, including any guidelines for environmental        |
| > labeling.                                                           |
| >                                                                     |
| > **(D)** If the Secretary determines that the use of a label         |
| > referred to in subparagraph (C) is substantially undermining the    |
| > conservation goals of the International Dolphin Conservation        |
| > Program, the Secretary shall report that determination to the       |
| > United States Senate Committee on Commerce, Science, and            |
| > Transportation and the United States House of Representatives       |
| > Committees on Resources and on Commerce, along with recommendations |
| > to correct such problems.                                           |
| >                                                                     |
| > **(E)** It is a violation of section                                |
| > [45](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode15/usc_sec_15_00000045----000-.html) |
| > of title                                                            |
| > [15](http                                                           |
| ://assembler.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15.html) |
| > willingly and knowingly to use a label referred to in subparagraph  |
| > (C) in a campaign or effort to mislead or deceive consumers about   |
| > the level of protection afforded dolphins under the International   |
| > Dolphin Conservation Program.                                       |
|                                                                       |
| **(e)** Enforcement                                                   |
|                                                                       |
| Any person who knowingly and willfully makes a statement or           |
| endorsement described in subsection (d)(2)(B) of this section that is |
| false is liable for a civil penalty of not to exceed \$100,000        |
| assessed in an action brought in any appropriate district court of    |
| the United States on behalf of the Secretary.                         |
|                                                                       |
| **(f)** Regulations                                                   |
|                                                                       |
| The Secretary, in consultation with the Secretary of the Treasury,    |
| shall issue regulations to implement this Act, including regulations  |
| to establish a domestic tracking and verification program that        |
| provides for the effective tracking of tuna labeled under subsection  |
| (d) of this section. In the development of these regulations, the     |
| Secretary shall establish appropriate procedures for ensuring the     |
| confidentiality of proprietary information the submission of which is |
| voluntary or mandatory. The regulations shall address each of the     |
| following items:                                                      |
|                                                                       |
| > **(1)** The use of weight calculation for purposes of tracking tuna |
| > caught, landed, processed, and exported.                            |
| >                                                                     |
| > **(2)** Additional measures to enhance current observer coverage,   |
| > including the establishment of criteria for training, and for       |
| > improving monitoring and reporting capabilities and procedures.     |
| >                                                                     |
| > **(3)** The designation of well location, procedures for sealing    |
| > holds, procedures for monitoring and certifying both above and      |
| > below deck, or through equally effective methods, the tracking and  |
| > verification of tuna labeled under subsection (d) of this section.  |
| >                                                                     |
| > **(4)** The reporting, receipt, and database storage of radio and   |
| > facsimile transmittals from fishing vessels containing information  |
| > related to the tracking and verification of tuna, and the           |
| > definition of set.                                                  |
| >                                                                     |
| > **(5)** The shore-based verification and tracking throughout the    |
| > fishing, transshipment, and canning process by means of             |
| > Inter-American Tropical Tuna Commission trip records or otherwise.  |
| >                                                                     |
| > **(6)** The use of periodic audits and spot checks for caught,      |
| > landed, and processed tuna products labeled in accordance with      |
| > subsection (d) of this section.                                     |
| >                                                                     |
| > **(7)** The provision of timely access to data required under this  |
| > subsection by the Secretary from harvesting nations to undertake    |
| > the actions required in paragraph (6) of this                       |
| > paragraph.[\[2\]](http://assembler.law.cornell.e                    |
| du/uscode/html/uscode16/usc_sec_16_00001385----000-.html#FN-2%23FN-2) |
|                                                                       |
| The Secretary may make such adjustments as may be appropriate to the  |
| regulations promulgated under this subsection to implement an         |
| international tracking and verification program that meets or exceeds |
| the minimum requirements established by the Secretary under this      |
| subsection.                                                           |
|                                                                       |
| **(g)** Secretarial findings                                          |
|                                                                       |
| > **(1)** Between March 1, 1999, and March 31, 1999, the Secretary    |
| > shall, on the basis of the research conducted before March 1, 1999, |
| > under section                                                       |
| > [1414a](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001414---a000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001414---a000-.html#a) |
| > of this title, information obtained under the International Dolphin |
| > Conservation Program, and any other relevant information, make an   |
| > initial finding regarding whether the intentional deployment on or  |
| > encirclement of dolphins with purse seine nets is having a          |
| > significant adverse impact on any depleted dolphin stock in the     |
| > eastern tropical Pacific Ocean. The initial finding shall be        |
| > published immediately in the Federal Register and shall become      |
| > effective upon a subsequent date determined by the Secretary.       |
| >                                                                     |
| > **(2)** Between July 1, 2001, and December 31, 2002, the Secretary  |
| > shall, on the basis of the completed study conducted under section  |
| > [1414a](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001414---a000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001414---a000-.html#a) |
| > of this title, information obtained under the International Dolphin |
| > Conservation Program, and any other relevant information, make a    |
| > finding regarding whether the intentional deployment on or          |
| > encirclement of dolphins with purse seine nets is having a          |
| > significant adverse impact on any depleted dolphin stock in the     |
| > eastern tropical Pacific Ocean. The finding shall be published      |
| > immediately in the Federal Register and shall become effective upon |
| > a subsequent date determined by the Secretary.                      |
|                                                                       |
| **(h)** Certification by captain and observer                         |
|                                                                       |
| > **(1)** Unless otherwise required by paragraph (2), the             |
| > certification by the captain under subsection (d)(2)(B)(i) of this  |
| > section and the certification provided by the observer as specified |
| > in subsection (d)(2)(B)(ii) of this section shall be that no        |
| > dolphins were killed or seriously injured during the sets in which  |
| > the tuna were caught.                                               |
| >                                                                     |
| > **(2)** The certification by the captain under subsection           |
| > (d)(2)(B)(i) of this section and the certification provided by the  |
| > observer as specified under subsection (d)(2)(B)(ii) of this        |
| > section shall be that no tuna were caught on the trip in which such |
| > tuna were harvested using a purse seine net intentionally deployed  |
| > on or to encircle dolphins, and that no dolphins were killed or     |
| > seriously injured during the sets in which the tuna were caught, if |
| > the tuna were caught on a trip commencing---                        |
| >                                                                     |
| > **(A)** before the effective date of the initial finding by the     |
| > Secretary under subsection (g)(1) of this section;                  |
| >                                                                     |
| > **(B)** after the effective date of such initial finding and before |
| > the effective date of the finding of the Secretary under subsection |
| > (g)(2) of this section, where the initial finding is that the       |
| > intentional deployment on or encirclement of dolphins is having a   |
| > significant adverse impact on any depleted dolphin stock; or        |
| >                                                                     |
| > **(C)** after the effective date of the finding under subsection    |
| > (g)(2) of this section, where such finding is that the intentional  |
| > deployment on or encirclement of dolphins is having a significant   |
| > adverse impact on any such depleted stock.                          |
+-----------------------------------------------------------------------+
| **§ 1386. Stock assessments**                                         |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| Not later than August 1, 1994, the Secretary shall, in consultation   |
| with the appropriate regional scientific review group established     |
| under subsection (d) of this section, prepare a draft stock           |
| assessment for each marine mammal stock which occurs in waters under  |
| the jurisdiction of the United States. Each draft stock assessment,   |
| based on the best scientific information available, shall---          |
|                                                                       |
| > **(1)** describe the geographic range of the affected stock,        |
| > including any seasonal or temporal variation in such range;         |
| >                                                                     |
| > **(2)** provide for such stock the minimum population estimate,     |
| > current and maximum net productivity rates, and current population  |
| > trend, including a description of the information upon which these  |
| > are based;                                                          |
| >                                                                     |
| > **(3)** estimate the annual human-caused mortality and serious      |
| > injury of the stock by source and, for a strategic stock, other     |
| > factors that may be causing a decline or impeding recovery of the   |
| > stock, including effects on marine mammal habitat and prey;         |
| >                                                                     |
| > **(4)** describe commercial fisheries that interact with the stock, |
| > including---                                                        |
| >                                                                     |
| > **(A)** the approximate number of vessels actively participating in |
| > each such fishery;                                                  |
| >                                                                     |
| > **(B)** the estimated level of incidental mortality and serious     |
| > injury of the stock by each such fishery on an annual basis;        |
| >                                                                     |
| > **(C)** seasonal or area differences in such incidental mortality   |
| > or serious injury; and                                              |
| >                                                                     |
| > **(D)** the rate, based on the appropriate standard unit of fishing |
| > effort, of such incidental mortality and serious injury, and an     |
| > analysis stating whether such level is insignificant and is         |
| > approaching a zero mortality and serious injury rate;               |
| >                                                                     |
| > **(5)** categorize the status of the stock as one that either---    |
| >                                                                     |
| > **(A)** has a level of human-caused mortality and serious injury    |
| > that is not likely to cause the stock to be reduced below its       |
| > optimum sustainable population; or                                  |
| >                                                                     |
| > **(B)** is a strategic stock, with a description of the reasons     |
| > therefor; and                                                       |
| >                                                                     |
| > **(6)** estimate the potential biological removal level for the     |
| > stock, describing the information used to calculate it, including   |
| > the recovery factor.                                                |
|                                                                       |
| **(b)** Public comment                                                |
|                                                                       |
| > **(1)** The Secretary shall publish in the Federal Register a       |
| > notice of the availability of a draft stock assessment or any       |
| > revision thereof and provide an opportunity for public review and   |
| > comment during a period of 90 days. Such notice shall include a     |
| > summary of the assessment and a list of the sources of information  |
| > or published reports upon which the assessment is based.            |
| >                                                                     |
| > **(2)** Subsequent to the notice of availability required under     |
| > paragraph (1), if requested by a person to which section            |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#b) |
| > of this title applies, the Secretary shall conduct a proceeding on  |
| > the record prior to publishing a final stock assessment or any      |
| > revision thereof for any stock subject to taking under section      |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#b) |
| > of this title.                                                      |
| >                                                                     |
| > **(3)** After consideration of the best scientific information      |
| > available, the advice of the appropriate regional scientific review |
| > group established under subsection (d) of this section, and the     |
| > comments of the general public, the Secretary shall publish in the  |
| > Federal Register a notice of availability and a summary of the      |
| > final stock assessment or any revision thereof, not later than 90   |
| > days after---                                                       |
| >                                                                     |
| > **(A)** the close of the public comment period on a draft stock     |
| > assessment or revision thereof; or                                  |
| >                                                                     |
| > **(B)** final action on an agency proceeding pursuant to paragraph  |
| > (2).                                                                |
|                                                                       |
| **(c)** Review and revision                                           |
|                                                                       |
| > **(1)** The Secretary shall review stock assessments in accordance  |
| > with this subsection---                                             |
| >                                                                     |
| > **(A)** at least annually for stocks which are specified as         |
| > strategic stocks;                                                   |
| >                                                                     |
| > **(B)** at least annually for stocks for which significant new      |
| > information is available; and                                       |
| >                                                                     |
| > **(C)** at least once every 3 years for all other stocks.           |
| >                                                                     |
| > **(2)** If the review under paragraph (1) indicates that the status |
| > of the stock has changed or can be more accurately determined, the  |
| > Secretary shall revise the stock assessment in accordance with      |
| > subsection (b) of this section.                                     |
|                                                                       |
| **(d)** Regional scientific review groups                             |
|                                                                       |
| > **(1)** Not later than 60 days after April 30, 1994, the Secretary  |
| > of Commerce shall, in consultation with the Secretary of the        |
| > Interior (with respect to marine mammals under that Secretary's     |
| > jurisdiction), the Marine Mammal Commission, the Governors of       |
| > affected adjacent coastal States, regional fishery and wildlife     |
| > management authorities, Alaska Native organizations and Indian      |
| > tribes, and environmental and fishery groups, establish three       |
| > independent regional scientific review groups representing Alaska,  |
| > the Pacific Coast (including Hawaii), and the Atlantic Coast        |
| > (including the Gulf of Mexico), consisting of individuals with      |
| > expertise in marine mammal biology and ecology, population dynamics |
| > and modeling, commercial fishing technology and practices, and      |
| > stocks taken under section                                          |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#b) |
| > of this title. The Secretary of Commerce shall, to the maximum      |
| > extent practicable, attempt to achieve a balanced representation of |
| > viewpoints among the individuals on each regional scientific review |
| > group. The regional scientific review groups shall advise the       |
| > Secretary on---                                                     |
| >                                                                     |
| > **(A)** population estimates and the population status and trends   |
| > of such stocks;                                                     |
| >                                                                     |
| > **(B)** uncertainties and research needed regarding stock           |
| > separation, abundance, or trends, and factors affecting the         |
| > distribution, size, or productivity of the stock;                   |
| >                                                                     |
| > **(C)** uncertainties and research needed regarding the species,    |
| > number, ages, gender, and reproductive status of marine mammals;    |
| >                                                                     |
| > **(D)** research needed to identify modifications in fishing gear   |
| > and practices likely to reduce the incidental mortality and serious |
| > injury of marine mammals in commercial fishing operations;          |
| >                                                                     |
| > **(E)** the actual, expected, or potential impacts of habitat       |
| > destruction, including marine pollution and natural environmental   |
| > change, on specific marine mammal species or stocks, and for        |
| > strategic stocks, appropriate conservation or management measures   |
| > to alleviate any such impacts; and                                  |
| >                                                                     |
| > **(F)** any other issue which the Secretary or the groups consider  |
| > appropriate.                                                        |
| >                                                                     |
| > **(2)** The scientific review groups established under this         |
| > subsection shall not be subject to the Federal Advisory Committee   |
| > Act (5 App. U.S.C.).                                                |
| >                                                                     |
| > **(3)** Members of the scientific review groups shall serve without |
| > compensation, but may be reimbursed by the Secretary, upon request, |
| > for reasonable travel costs and expenses incurred in performing     |
| > their obligations.                                                  |
| >                                                                     |
| > **(4)** The Secretary may appoint or reappoint individuals to the   |
| > regional scientific review groups under paragraph (1) as needed.    |
|                                                                       |
| **(e)** Effect on section 1371 (b) of this title                      |
|                                                                       |
| This section shall not affect or otherwise modify the provisions of   |
| section                                                               |
| [1371](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| [(b)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#b) |
| of this title.                                                        |
+-----------------------------------------------------------------------+
| **§ 1387. Taking of marine mammals incidental to commercial fishing   |
| operations**                                                          |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| > **(1)** Effective on April 30, 1994, and except as provided in      |
| > section                                                             |
| > [1383a](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---a000-.html) |
| > of this title and in paragraphs (2), (3), and (4) of this           |
| > subsection, the provisions of this section shall govern the         |
| > incidental taking of marine mammals in the course of commercial     |
| > fishing operations by persons using vessels of the United States or |
| > vessels which have valid fishing permits issued by the Secretary in |
| > accordance with section                                             |
| > [1824](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html#b) |
| > of this title. In any event it shall be the immediate goal that the |
| > incidental mortality or serious injury of marine mammals occurring  |
| > in the course of commercial fishing operations be reduced to        |
| > insignificant levels approaching a zero mortality and serious       |
| > injury rate within 7 years after April 30, 1994.                    |
| >                                                                     |
| > **(2)** In the case of the incidental taking of marine mammals from |
| > species or stocks designated under this chapter as depleted on the  |
| > basis of their listing as threatened species or endangered species  |
| > under the Endangered Species Act of 1973                            |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.), both this section and section                             |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(a)(5)(E)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_5_E) |
| > of this title shall apply.                                          |
| >                                                                     |
| > **(3)**                                                             |
| > Sections [\[1\]](http://assembler.law.cornell.e                     |
| du/uscode/html/uscode16/usc_sec_16_00001387----000-.html#FN-1%23FN-1) |
| > 1374(h) of this title and subchapter IV of this chapter, and not    |
| > this section, shall govern the taking of marine mammals in the      |
| > course of commercial purse seine fishing for yellowfin tuna in the  |
| > eastern tropical Pacific Ocean.                                     |
| >                                                                     |
| > **(4)** This section 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](http://assembler.law.cornell.edu/usc-cgi/get                  |
| _external.cgi?type=statRef&target=date:nonech:nonestatnum:100_3500)). |
| >                                                                     |
| > **(5)** Except as provided in section                               |
| > [1371](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#c) |
| > of this title, the intentional lethal take of any marine mammal in  |
| > the course of commercial fishing operations is prohibited.          |
| >                                                                     |
| > **(6)** Sections                                                    |
| > [1373](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001373----000-.html) |
| > and                                                                 |
| > [1374](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001374----000-.html) |
| > of this title shall not apply to the incidental taking of marine    |
| > mammals under the authority of this section.                        |
|                                                                       |
| **(b)** Zero mortality rate goal                                      |
|                                                                       |
| > **(1)** Commercial fisheries shall reduce incidental mortality and  |
| > serious injury of marine mammals to insignificant levels            |
| > approaching a zero mortality and serious injury rate within 7 years |
| > after April 30, 1994.                                               |
| >                                                                     |
| > **(2)** Fisheries which maintain insignificant serious injury and   |
| > mortality levels approaching a zero rate shall not be required to   |
| > further reduce their mortality and serious injury rates.            |
| >                                                                     |
| > **(3)** Three years after April 30, 1994, the Secretary shall       |
| > review the progress of all commercial fisheries, by fishery, toward |
| > reducing incidental mortality and serious injury to insignificant   |
| > levels approaching a zero rate. The Secretary shall submit to the   |
| > Committee on Commerce, Science, and Transportation of the Senate    |
| > and the Committee on Merchant Marine and Fisheries of the House of  |
| > Representatives a report setting forth the results of such review   |
| > within 1 year after commencement of the review. The Secretary shall |
| > note any commercial fishery for which additional information is     |
| > required to accurately assess the level of incidental mortality and |
| > serious injury of marine mammals in the fishery.                    |
| >                                                                     |
| > **(4)** If the Secretary determines after review under paragraph    |
| > (3) that the rate of incidental mortality and serious injury of     |
| > marine mammals in a commercial fishery is not consistent with       |
| > paragraph (1), then the Secretary shall take appropriate action     |
| > under subsection (f) of this section.                               |
|                                                                       |
| **(c)** Registration and authorization                                |
|                                                                       |
| > **(1)** The Secretary shall, within 90 days after April 30, 1994--- |
| >                                                                     |
| > **(A)** publish in the Federal Register for public comment, for a   |
| > period of not less than 90 days, any necessary changes to the       |
| > Secretary's list of commercial fisheries published under section    |
| > [1383a](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---a000-.html) |
| > [(b)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001383---a000-.html#b_1) |
| > of this title and which is in existence on March 31, 1994 (along    |
| > with an explanation of such changes and a statement describing the  |
| > marine mammal stocks interacting with, and the approximate number   |
| > of vessels or persons actively involved in, each such fishery),     |
| > with respect to commercial fisheries that have---                   |
| >                                                                     |
| > **(i)** frequent incidental mortality and serious injury of marine  |
| > mammals;                                                            |
| >                                                                     |
| > **(ii)** occasional incidental mortality and serious injury of      |
| > marine mammals; or                                                  |
| >                                                                     |
| > **(iii)** a remote likelihood of or no known incidental mortality   |
| > or serious injury of marine mammals;                                |
| >                                                                     |
| > **(B)** after the close of the period for such public comment,      |
| > publish in the Federal Register a revised list of commercial        |
| > fisheries and an update of information required by subparagraph     |
| > (A), together with a summary of the provisions of this section and  |
| > information sufficient to advise vessel owners on how to obtain an  |
| > authorization and otherwise comply with the requirements of this    |
| > section; and                                                        |
| >                                                                     |
| > **(C)** at least once each year thereafter, and at such other times |
| > as the Secretary considers appropriate, reexamine, based on         |
| > information gathered under this chapter and other relevant sources  |
| > and after notice and opportunity for public comment, the            |
| > classification of commercial fisheries and other determinations     |
| > required under subparagraph (A) and publish in the Federal Register |
| > any necessary changes.                                              |
| >                                                                     |
| > **(2)**                                                             |
| >                                                                     |
| > **(A)** An authorization shall be granted by the Secretary in       |
| > accordance with this section for a vessel engaged in a commercial   |
| > fishery listed under paragraph (1)(A)(i) or (ii), upon receipt by   |
| > the Secretary of a completed registration form providing the name   |
| > of the vessel owner and operator, the name and description of the   |
| > vessel, the fisheries in which it will be engaged, the approximate  |
| > time, duration, and location of such fishery operations, and the    |
| > general type and nature of use of the fishing gear and techniques   |
| > used. Such information shall be in a readily usable format that can |
| > be efficiently entered into and utilized by an automated or         |
| > computerized data processing system. A decal or other physical      |
| > evidence that the authorization is current and valid shall be       |
| > issued by the Secretary at the time an authorization is granted,    |
| > and so long as the authorization remains current and valid, shall   |
| > be reissued annually thereafter.                                    |
| >                                                                     |
| > **(B)** No authorization may be granted under this section to the   |
| > owner of a vessel unless such vessel---                             |
| >                                                                     |
| > **(i)** is a vessel of the United States; or                        |
| >                                                                     |
| > **(ii)** has a valid fishing permit issued by the Secretary in      |
| > accordance with section                                             |
| > [1824](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001824----000-.html#b) |
| > of this title.                                                      |
| >                                                                     |
| > **(C)** Except as provided in subsection (a) of this section, an    |
| > authorization granted under this section shall allow the incidental |
| > taking of all species and stocks of marine mammals to which this    |
| > chapter applies.                                                    |
| >                                                                     |
| > **(3)**                                                             |
| >                                                                     |
| > **(A)** An owner of a vessel engaged in any fishery listed under    |
| > paragraph (1)(A)(i) or (ii) shall, in order to engage in the lawful |
| > incidental taking of marine mammals in a commercial fishery---      |
| >                                                                     |
| > **(i)** have registered as required under paragraph (2) with the    |
| > Secretary in order to obtain for each such vessel owned and used in |
| > the fishery an authorization for the purpose of incidentally taking |
| > marine mammals in accordance with this section, except that owners  |
| > of vessels holding valid certificates of exemption under section    |
| > [1383a](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---a000-.html) |
| > of this title are deemed to have registered for purposes of this    |
| > subsection for the period during which such exemption is valid;     |
| >                                                                     |
| > **(ii)** ensure that a decal or such other physical evidence of a   |
| > current and valid authorization as the Secretary may require is     |
| > displayed on or is in the possession of the master of each such     |
| > vessel;                                                             |
| >                                                                     |
| > **(iii)** report as required by subsection (e) of this section; and |
| >                                                                     |
| > **(iv)** comply with any applicable take reduction plan and         |
| > emergency regulations issued under this section.                    |
| >                                                                     |
| > **(B)** Any owner of a vessel receiving an authorization under this |
| > section for any fishery listed under paragraph (1)(A)(i) or (ii)    |
| > shall, as a condition of that authorization, take on board an       |
| > observer if requested to do so by the Secretary.                    |
| >                                                                     |
| > **(C)** An owner of a vessel engaged in a fishery listed under      |
| > paragraph (1)(A)(i) or (ii) who---                                  |
| >                                                                     |
| > **(i)** fails to obtain from the Secretary an authorization for     |
| > such vessel under this section;                                     |
| >                                                                     |
| > **(ii)** fails to maintain a current and valid authorization for    |
| > such vessel; or                                                     |
| >                                                                     |
| > **(iii)** fails to ensure that a decal or other physical evidence   |
| > of such authorization issued by the Secretary is displayed on or is |
| > in possession of the master of the vessel,                          |
| >                                                                     |
| > and the master of any such vessel engaged in such fishery, shall be |
| > deemed to have violated this subchapter, and for violations of      |
| > clauses (i) and (ii) shall be subject to the penalties of this      |
| > subchapter, and for violations of clause (iii) shall be subject to  |
| > a fine of not more than \$100 for each offense.                     |
| >                                                                     |
| > **(D)** If the owner of a vessel has obtained and maintains a       |
| > current and valid authorization from the Secretary under this       |
| > section and meets the requirements set forth in this section,       |
| > including compliance with any regulations to implement a take       |
| > reduction plan under this section, the owner of such vessel, and    |
| > the master and crew members of the vessel, shall not be subject to  |
| > the penalties set forth in this subchapter for the incidental       |
| > taking of marine mammals while such vessel is engaged in a fishery  |
| > to which the authorization applies.                                 |
| >                                                                     |
| > **(E)** Each owner of a vessel engaged in any fishery not listed    |
| > under paragraph (1)(A)(i) or (ii), and the master and crew members  |
| > of such a vessel, shall not be subject to the penalties set forth   |
| > in this subchapter for the incidental taking of marine mammals if   |
| > such owner reports to the Secretary, in the form and manner         |
| > required under subsection (e) of this section, instances of         |
| > incidental mortality or injury of marine mammals in the course of   |
| > that fishery.                                                       |
| >                                                                     |
| > **(4)**                                                             |
| >                                                                     |
| > **(A)** The Secretary shall suspend or revoke an authorization      |
| > granted under this section and shall not issue a decal or other     |
| > physical evidence of the authorization for any vessel until the     |
| > owner of such vessel complies with the reporting requirements under |
| > subsection (e) of this section and such requirements to take on     |
| > board an observer under paragraph (3)(B) as are applicable to such  |
| > vessel. Previous failure to comply with the requirements of section |
| > [1383a](http://assembler.l                                          |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001383---a000-.html) |
| > of this title shall not bar authorization under this section for an |
| > owner who complies with the requirements of this section.           |
| >                                                                     |
| > **(B)** The Secretary may suspend or revoke an authorization        |
| > granted under this subsection, and may not issue a decal or other   |
| > physical evidence of the authorization for any vessel which fails   |
| > to comply with a take reduction plan or emergency regulations       |
| > issued under this section.                                          |
| >                                                                     |
| > **(C)** The owner and master of a vessel which fails to comply with |
| > a take reduction plan shall be subject to the penalties of sections |
| > [1375](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| > and                                                                 |
| > [1377](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001377----000-.html) |
| > of this title, and may be subject to section                        |
| > [1376](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001376----000-.html) |
| > of this title.                                                      |
| >                                                                     |
| > **(5)**                                                             |
| >                                                                     |
| > **(A)** The Secretary shall develop, in consultation with the       |
| > appropriate States, affected Regional Fishery Management Councils,  |
| > and other interested persons, the means by which the granting and   |
| > administration of authorizations under this section shall be        |
| > integrated and coordinated, to the maximum extent practicable, with |
| > existing fishery licenses, registrations, and related programs.     |
| >                                                                     |
| > **(B)** The Secretary shall utilize newspapers of general           |
| > circulation, fishery trade associations, electronic media, and      |
| > other means of advising commercial fishermen of the provisions of   |
| > this section and the means by which they can comply with its        |
| > requirements.                                                       |
| >                                                                     |
| > **(C)** The Secretary is authorized to charge a fee for the         |
| > granting of an authorization under this section. The level of fees  |
| > charged under this subparagraph shall not exceed the administrative |
| > costs incurred in granting an authorization. Fees collected under   |
| > this subparagraph shall be available to the Under Secretary of      |
| > Commerce for Oceans and Atmosphere for expenses incurred in the     |
| > granting and administration of authorizations under this section.   |
|                                                                       |
| **(d)** Monitoring of incidental takes                                |
|                                                                       |
| > **(1)** The Secretary shall establish a program to monitor          |
| > incidental mortality and serious injury of marine mammals during    |
| > the course of commercial fishing operations. The purposes of the    |
| > monitoring program shall be to---                                   |
| >                                                                     |
| > **(A)** obtain statistically reliable estimates of incidental       |
| > mortality and serious injury;                                       |
| >                                                                     |
| > **(B)** determine the reliability of reports of incidental          |
| > mortality and serious injury under subsection (e) of this section;  |
| > and                                                                 |
| >                                                                     |
| > **(C)** identify changes in fishing methods or technology that may  |
| > increase or decrease incidental mortality and serious injury.       |
| >                                                                     |
| > **(2)** Pursuant to paragraph (1), the Secretary may place          |
| > observers on board vessels as necessary, subject to the provisions  |
| > of this section. Observers may, among other tasks---                |
| >                                                                     |
| > **(A)** record incidental mortality and injury, or by catch of      |
| > other nontarget species;                                            |
| >                                                                     |
| > **(B)** record numbers of marine mammals sighted; and               |
| >                                                                     |
| > **(C)** perform other scientific investigations.                    |
| >                                                                     |
| > **(3)** In determining the distribution of observers among          |
| > commercial fisheries and vessels within a fishery, the Secretary    |
| > shall be guided by the following standards:                         |
| >                                                                     |
| > **(A)** The requirement to obtain statistically reliable            |
| > information.                                                        |
| >                                                                     |
| > **(B)** The requirement that assignment of observers is fair and    |
| > equitable among fisheries and among vessels in a fishery.           |
| >                                                                     |
| > **(C)** The requirement that no individual person or vessel, or     |
| > group of persons or vessels, be subject to excessive or overly      |
| > burdensome observer coverage.                                       |
| >                                                                     |
| > **(D)** To the extent practicable, the need to minimize costs and   |
| > avoid duplication.                                                  |
| >                                                                     |
| > **(4)** To the extent practicable, the Secretary shall allocate     |
| > observers among commercial fisheries in accordance with the         |
| > following priority:                                                 |
| >                                                                     |
| > **(A)** The highest priority for allocation shall be for commercial |
| > fisheries that have incidental mortality or serious injury of       |
| > marine mammals from stocks listed as endangered species or          |
| > threatened species under the Endangered Species Act of 1973         |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.).                                                           |
| >                                                                     |
| > **(B)** The second highest priority for allocation shall be for     |
| > commercial fisheries that have incidental mortality and serious     |
| > injury of marine mammals from strategic stocks.                     |
| >                                                                     |
| > **(C)** The third highest priority for allocation shall be for      |
| > commercial fisheries that have incidental mortality or serious      |
| > injury of marine mammals from stocks for which the level of         |
| > incidental mortality and serious injury is uncertain.               |
| >                                                                     |
| > **(5)** The Secretary may establish an alternative observer program |
| > to provide statistically reliable information on the species and    |
| > number of marine mammals incidentally taken in the course of        |
| > commercial fishing operations. The alternative observer program may |
| > include direct observation of fishing activities from vessels,      |
| > airplanes, or points on shore.                                      |
| >                                                                     |
| > **(6)** The Secretary is not required to place an observer on a     |
| > vessel in a fishery if the Secretary finds that---                  |
| >                                                                     |
| > **(A)** in a situation in which harvesting vessels are delivering   |
| > fish to a processing vessel and the catch is not taken on board the |
| > harvesting vessel, statistically reliable information can be        |
| > obtained from an observer on board the processing vessel to which   |
| > the fish are delivered;                                             |
| >                                                                     |
| > **(B)** the facilities on a vessel for quartering of an observer,   |
| > or for carrying out observer functions, are so inadequate or unsafe |
| > that the health or safety of the observer or the safe operation of  |
| > the vessel would be jeopardized; or                                 |
| >                                                                     |
| > **(C)** for reasons beyond the control of the Secretary, an         |
| > observer is not available.                                          |
| >                                                                     |
| > **(7)** The Secretary may, with the consent of the vessel owner,    |
| > station an observer on board a vessel engaged in a fishery not      |
| > listed under subsection (c)(1)(A)(i) or (ii) of this section.       |
| >                                                                     |
| > **(8)** Any proprietary information collected under this subsection |
| > shall be confidential and shall not be disclosed except---          |
| >                                                                     |
| > **(A)** to Federal employees whose duties require access to such    |
| > information;                                                        |
| >                                                                     |
| > **(B)** to State or tribal employees pursuant to an agreement with  |
| > the Secretary that prevents public disclosure of the identity or    |
| > business of any person;                                             |
| >                                                                     |
| > **(C)** when required by court order; or                            |
| >                                                                     |
| > **(D)** in the case of scientific information involving fisheries,  |
| > to employees of Regional Fishery Management Councils who are        |
| > responsible for fishery management plan development and monitoring. |
| >                                                                     |
| > **(9)** The Secretary shall prescribe such procedures as may be     |
| > necessary to preserve such confidentiality, except that the         |
| > Secretary shall release or make public upon request any such        |
| > information in aggregate, summary, or other form which does not     |
| > directly or indirectly disclose the identity or business of any     |
| > person.                                                             |
|                                                                       |
| **(e)** Reporting requirement                                         |
|                                                                       |
| The owner or operator of a commercial fishing vessel subject to this  |
| chapter shall report all incidental mortality and injury of marine    |
| mammals in the course of commercial fishing operations to the         |
| Secretary by mail or other means acceptable to the Secretary within   |
| 48 hours after the end of each fishing trip on a standard             |
| postage-paid form to be developed by the Secretary under this         |
| section. Such form shall be capable of being readily entered into and |
| usable by an automated or computerized data processing system and     |
| shall require the vessel owner or operator to provide the following:  |
|                                                                       |
| > **(1)** The vessel name, and Federal, State, or tribal registration |
| > numbers of the registered vessel.                                   |
| >                                                                     |
| > **(2)** The name and address of the vessel owner or operator.       |
| >                                                                     |
| > **(3)** The name and description of the fishery.                    |
| >                                                                     |
| > **(4)** The species of each marine mammal incidentally killed or    |
| > injured, and the date, time, and approximate geographic location of |
| > such occurrence.                                                    |
|                                                                       |
| **(f)** Take reduction plans                                          |
|                                                                       |
| > **(1)** The Secretary shall develop and implement a take reduction  |
| > plan designed to assist in the recovery or prevent the depletion of |
| > each strategic stock which interacts with a commercial fishery      |
| > listed under subsection (c)(1)(A)(i) or (ii) of this section, and   |
| > may develop and implement such a plan for any other marine mammal   |
| > stocks which interact with a commercial fishery listed under        |
| > subsection (c)(1)(A)(i) of this section which the Secretary         |
| > determines, after notice and opportunity for public comment, has a  |
| > high level of mortality and serious injury across a number of such  |
| > marine mammal stocks.                                               |
| >                                                                     |
| > **(2)** The immediate goal of a take reduction plan for a strategic |
| > stock shall be to reduce, within 6 months of its implementation,    |
| > the incidental mortality or serious injury of marine mammals        |
| > incidentally taken in the course of commercial fishing operations   |
| > to levels less than the potential biological removal level          |
| > established for that stock under section                            |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > of this title. The long-term goal of the plan shall be to reduce,   |
| > within 5 years of its implementation, the incidental mortality or   |
| > serious injury of marine mammals incidentally taken in the course   |
| > of commercial fishing operations to insignificant levels            |
| > approaching a zero mortality and serious injury rate, taking into   |
| > account the economics of the fishery, the availability of existing  |
| > technology, and existing State or regional fishery management       |
| > plans.                                                              |
| >                                                                     |
| > **(3)** If there is insufficient funding available to develop and   |
| > implement a take reduction plan for all such stocks that interact   |
| > with commercial fisheries listed under subsection (c)(1)(A)(i) or   |
| > (ii) of this section, the Secretary shall give highest priority to  |
| > the development and implementation of take reduction plans for      |
| > species or stocks whose level of incidental mortality and serious   |
| > injury exceeds the potential biological removal level, those that   |
| > have a small population size, and those which are declining most    |
| > rapidly.                                                            |
| >                                                                     |
| > **(4)** Each take reduction plan shall include---                   |
| >                                                                     |
| > **(A)** a review of the information in the final stock assessment   |
| > published under section                                             |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#b) |
| > of this title and any substantial new information;                  |
| >                                                                     |
| > **(B)** an estimate of the total number and, if possible, age and   |
| > gender, of animals from the stock that are being incidentally       |
| > lethally taken or seriously injured each year during the course of  |
| > commercial fishing operations, by fishery;                          |
| >                                                                     |
| > **(C)** recommended regulatory or voluntary measures for the        |
| > reduction of incidental mortality and serious injury;               |
| >                                                                     |
| > **(D)** recommended dates for achieving the specific objectives of  |
| > the plan.                                                           |
| >                                                                     |
| > **(5)**                                                             |
| >                                                                     |
| > **(A)** For any stock in which incidental mortality and serious     |
| > injury from commercial fisheries exceeds the potential biological   |
| > removal level established under section                             |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > of this title, the plan shall include measures the Secretary        |
| > expects will reduce, within 6 months of the plan's implementation,  |
| > such mortality and serious injury to a level below the potential    |
| > biological removal level.                                           |
| >                                                                     |
| > **(B)** For any stock in which human-caused mortality and serious   |
| > injury exceeds the potential biological removal level, other than a |
| > stock to which subparagraph (A) applies, the plan shall include     |
| > measures the Secretary expects will reduce, to the maximum extent   |
| > practicable within 6 months of the plan's implementation, the       |
| > incidental mortality and serious injury by such commercial          |
| > fisheries from that stock. For purposes of this subparagraph, the   |
| > term "maximum extent practicable" means to the lowest level that is |
| > feasible for such fisheries within the 6-month period.              |
| >                                                                     |
| > **(6)**                                                             |
| >                                                                     |
| > **(A)** At the earliest possible time (not later than 30 days)      |
| > after the Secretary issues a final stock assessment under section   |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > [(b)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#b) |
| > of this title for a strategic stock, the Secretary shall, and for   |
| > stocks that interact with a fishery listed under subsection         |
| > (c)(1)(A)(i) of this section for which the Secretary has made a     |
| > determination under paragraph (1), the Secretary may---             |
| >                                                                     |
| > **(i)** establish a take reduction team for such stock and appoint  |
| > the members of such team in accordance with subparagraph (C); and   |
| >                                                                     |
| > **(ii)** publish in the Federal Register a notice of the team's     |
| > establishment, the names of the team's appointed members, the full  |
| > geographic range of such stock, and a list of all commercial        |
| > fisheries that cause incidental mortality and serious injury of     |
| > marine mammals from such stock.                                     |
| >                                                                     |
| > **(B)** The Secretary may request a take reduction team to address  |
| > a stock that extends over one or more regions or fisheries, or      |
| > multiple stocks within a region or fishery, if the Secretary        |
| > determines that doing so would facilitate the development and       |
| > implementation of plans required under this subsection.             |
| >                                                                     |
| > **(C)** Members of take reduction teams shall have expertise        |
| > regarding the conservation or biology of the marine mammal species  |
| > which the take reduction plan will address, or the fishing          |
| > practices which result in the incidental mortality and serious      |
| > injury of such species. Members shall include representatives of    |
| > Federal agencies, each coastal State which has fisheries which      |
| > interact with the species or stock, appropriate Regional Fishery    |
| > Management Councils, interstate fisheries commissions, academic and |
| > scientific organizations, environmental groups, all commercial and  |
| > recreational fisheries groups and gear types which incidentally     |
| > take the species or stock, Alaska Native organizations or Indian    |
| > tribal organizations, and others as the Secretary deems             |
| > appropriate. Take reduction teams shall, to the maximum extent      |
| > practicable, consist of an equitable balance among representatives  |
| > of resource user interests and nonuser interests.                   |
| >                                                                     |
| > **(D)** Take reduction teams shall not be subject to the Federal    |
| > Advisory Committee Act (5 App. U.S.C.). Meetings of take reduction  |
| > teams shall be open to the public, and prior notice of meetings     |
| > shall be made public in a timely fashion.                           |
| >                                                                     |
| > **(E)** Members of take reduction teams shall serve without         |
| > compensation, but may be reimbursed by the Secretary, upon request, |
| > for reasonable travel costs and expenses incurred in performing     |
| > their duties as members of the team.                                |
| >                                                                     |
| > **(7)** Where the human-caused mortality and serious injury from a  |
| > strategic stock is estimated to be equal to or greater than the     |
| > potential biological removal level established under section        |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > of this title for such stock and such stock interacts with a        |
| > fishery listed under subsection (c)(1)(A)(i) or (ii) of this        |
| > section, the following procedures shall apply in the development of |
| > the take reduction plan for the stock:                              |
| >                                                                     |
| > **(A)**                                                             |
| >                                                                     |
| > **(i)** Not later than 6 months after the date of establishment of  |
| > a take reduction team for the stock, the team shall submit a draft  |
| > take reduction plan for such stock to the Secretary, consistent     |
| > with the other provisions of this section.                          |
| >                                                                     |
| > **(ii)** Such draft take reduction plan shall be developed by       |
| > consensus. In the event consensus cannot be reached, the team shall |
| > advise the Secretary in writing on the range of possibilities       |
| > considered by the team, and the views of both the majority and      |
| > minority.                                                           |
| >                                                                     |
| > **(B)**                                                             |
| >                                                                     |
| > **(i)** The Secretary shall take the draft take reduction plan into |
| > consideration and, not later than 60 days after the submission of   |
| > the draft plan by the team, the Secretary shall publish in the      |
| > Federal Register the plan proposed by the team, any changes         |
| > proposed by the Secretary with an explanation of the reasons        |
| > therefor, and proposed regulations to implement such plan, for      |
| > public review and comment during a period of not to exceed 90 days. |
| >                                                                     |
| > **(ii)** In the event that the take reduction team does not submit  |
| > a draft plan to the Secretary within 6 months, the Secretary shall, |
| > not later than 8 months after the establishment of the team,        |
| > publish in the Federal Register a proposed take reduction plan and  |
| > implementing regulations, for public review and comment during a    |
| > period of not to exceed 90 days.                                    |
| >                                                                     |
| > **(C)** Not later than 60 days after the close of the comment       |
| > period required under subparagraph (B), the Secretary shall issue a |
| > final take reduction plan and implementing regulations, consistent  |
| > with the other provisions of this section.                          |
| >                                                                     |
| > **(D)** The Secretary shall, during a period of 30 days after       |
| > publication of a final take reduction plan, utilize newspapers of   |
| > general circulation, fishery trade associations, electronic media,  |
| > and other means of advising commercial fishermen of the             |
| > requirements of the plan and how to comply with them.               |
| >                                                                     |
| > **(E)** The Secretary and the take reduction team shall meet every  |
| > 6 months, or at such other intervals as the Secretary determines    |
| > are necessary, to monitor the implementation of the final take      |
| > reduction plan until such time that the Secretary determines that   |
| > the objectives of such plan have been met.                          |
| >                                                                     |
| > **(F)** The Secretary shall amend the take reduction plan and       |
| > implementing regulations as necessary to meet the requirements of   |
| > this section, in accordance with the procedures in this section for |
| > the issuance of such plans and regulations.                         |
| >                                                                     |
| > **(8)** Where the human-caused mortality and serious injury from a  |
| > strategic stock is estimated to be less than the potential          |
| > biological removal level established under section                  |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > of this title for such stock and such stock interacts with a        |
| > fishery listed under subsection (c)(1)(A)(i) or (ii) of this        |
| > section, or for any marine mammal stocks which interact with a      |
| > commercial fishery listed under subsection (c)(1)(A)(i) of this     |
| > section for which the Secretary has made a determination under      |
| > paragraph (1), the following procedures shall apply in the          |
| > development of the take reduction plan for such stock:              |
| >                                                                     |
| > **(A)**                                                             |
| >                                                                     |
| > **(i)** Not later than 11 months after the date of establishment of |
| > a take reduction team for the stock, the team shall submit a draft  |
| > take reduction plan for the stock to the Secretary, consistent with |
| > the other provisions of this section.                               |
| >                                                                     |
| > **(ii)** Such draft take reduction plan shall be developed by       |
| > consensus. In the event consensus cannot be reached, the team shall |
| > advise the Secretary in writing on the range of possibilities       |
| > considered by the team, and the views of both the majority and      |
| > minority.                                                           |
| >                                                                     |
| > **(B)**                                                             |
| >                                                                     |
| > **(i)** The Secretary shall take the draft take reduction plan into |
| > consideration and, not later than 60 days after the submission of   |
| > the draft plan by the team, the Secretary shall publish in the      |
| > Federal Register the plan proposed by the team, any changes         |
| > proposed by the Secretary with an explanation of the reasons        |
| > therefor, and proposed regulations to implement such plan, for      |
| > public review and comment during a period of not to exceed 90 days. |
| >                                                                     |
| > **(ii)** In the event that the take reduction team does not submit  |
| > a draft plan to the Secretary within 11 months, the Secretary       |
| > shall, not later than 13 months after the establishment of the      |
| > team, publish in the Federal Register a proposed take reduction     |
| > plan and implementing regulations, for public review and comment    |
| > during a period of not to exceed 90 days.                           |
| >                                                                     |
| > **(C)** Not later than 60 days after the close of the comment       |
| > period required under subparagraph (B), the Secretary shall issue a |
| > final take reduction plan and implementing regulations, consistent  |
| > with the other provisions of this section.                          |
| >                                                                     |
| > **(D)** The Secretary shall, during a period of 30 days after       |
| > publication of a final take reduction plan, utilize newspapers of   |
| > general circulation, fishery trade associations, electronic media,  |
| > and other means of advising commercial fishermen of the             |
| > requirements of the plan and how to comply with them.               |
| >                                                                     |
| > **(E)** The Secretary and the take reduction team shall meet on an  |
| > annual basis, or at such other intervals as the Secretary           |
| > determines are necessary, to monitor the implementation of the      |
| > final take reduction plan until such time that the Secretary        |
| > determines that the objectives of such plan have been met.          |
| >                                                                     |
| > **(F)** The Secretary shall amend the take reduction plan and       |
| > implementing regulations as necessary to meet the requirements of   |
| > this section, in accordance with the procedures in this section for |
| > the issuance of such plans and regulations.                         |
| >                                                                     |
| > **(9)** In implementing a take reduction plan developed pursuant to |
| > this subsection, the Secretary may, where necessary to implement a  |
| > take reduction plan to protect or restore a marine mammal stock or  |
| > species covered by such plan, promulgate regulations which include, |
| > but are not limited to, measures to---                              |
| >                                                                     |
| > **(A)** establish fishery-specific limits on incidental mortality   |
| > and serious injury of marine mammals in commercial fisheries or     |
| > restrict commercial fisheries by time or area;                      |
| >                                                                     |
| > **(B)** require the use of alternative commercial fishing gear or   |
| > techniques and new technologies, encourage the development of such  |
| > gear or technology, or convene expert skippers' panels;             |
| >                                                                     |
| > **(C)** educate commercial fishermen, through workshops and other   |
| > means, on the importance of reducing the incidental mortality and   |
| > serious injury of marine mammals in affected commercial fisheries;  |
| > and                                                                 |
| >                                                                     |
| > **(D)** monitor, in accordance with subsection (d) of this section, |
| > the effectiveness of measures taken to reduce the level of          |
| > incidental mortality and serious injury of marine mammals in the    |
| > course of commercial fishing operations.                            |
| >                                                                     |
| > **(10)**                                                            |
| >                                                                     |
| > **(A)** Notwithstanding paragraph (6), in the case of any stock to  |
| > which paragraph (1) applies for which a final stock assessment has  |
| > not been published under section                                    |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > [(b)(3)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#b_3) |
| > of this title by April 1, 1995, due to a proceeding under section   |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > [(b)(2)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#b_2) |
| > of this title, or any Federal court review of such proceeding, the  |
| > Secretary shall establish a take reduction team under paragraph (6) |
| > for such stock as if a final stock assessment had been published.   |
| >                                                                     |
| > **(B)** The draft stock assessment published for such stock under   |
| > section                                                             |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > [(b)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#b_1) |
| > of this title shall be deemed the final stock assessment for        |
| > purposes of preparing and implementing a take reduction plan for    |
| > such stock under this section.                                      |
| >                                                                     |
| > **(C)** Upon publication of a final stock assessment for such stock |
| > under section                                                       |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > [(b)(3)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#b_3) |
| > of this title the Secretary shall immediately reconvene the take    |
| > reduction team for such stock for the purpose of amending the take  |
| > reduction plan, and any regulations issued to implement such plan,  |
| > if necessary, to reflect the final stock assessment or court        |
| > action. Such amendments shall be made in accordance with paragraph  |
| > (7)(F) or (8)(F), as appropriate.                                   |
| >                                                                     |
| > **(D)** A draft stock assessment may only be used as the basis for  |
| > a take reduction plan under this paragraph for a period of not to   |
| > exceed two years, or until a final stock assessment is published,   |
| > whichever is earlier. If, at the end of the two-year period, a      |
| > final stock assessment has not been published, the Secretary shall  |
| > categorize such stock under section                                 |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > [(a)(5)(A)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html#a_5_A) |
| > of this title and shall revoke any regulations to implement a take  |
| > reduction plan for such stock.                                      |
| >                                                                     |
| > **(E)** Subparagraph (D) shall not apply for any period beyond two  |
| > years during which a final stock assessment for such stock has not  |
| > been published due to review of a proceeding on such stock          |
| > assessment by a Federal court. Immediately upon final action by     |
| > such court, the Secretary shall proceed under subparagraph (C).     |
| >                                                                     |
| > **(11)** Take reduction plans developed under this section for a    |
| > species or stock listed as a threatened species or endangered       |
| > species under the Endangered Species Act of 1973                    |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.) shall be consistent with any recovery plan developed for   |
| > such species or stock under section 4 of such Act                   |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1533](http://assembler.law.                                        |
| cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html)\]. |
|                                                                       |
| **(g)** Emergency regulations                                         |
|                                                                       |
| > **(1)** If the Secretary finds that the incidental mortality and    |
| > serious injury of marine mammals from commercial fisheries is       |
| > having, or is likely to have, an immediate and significant adverse  |
| > impact on a stock or species, the Secretary shall take actions as   |
| > follows:                                                            |
| >                                                                     |
| > **(A)** In the case of a stock or species for which a take          |
| > reduction plan is in effect, the Secretary shall---                 |
| >                                                                     |
| > **(i)** prescribe emergency regulations that, consistent with such  |
| > plan to the maximum extent practicable, reduce incidental mortality |
| > and serious injury in that fishery; and                             |
| >                                                                     |
| > **(ii)** approve and implement, on an expedited basis, any          |
| > amendments to such plan that are recommended by the take reduction  |
| > team to address such adverse impact.                                |
| >                                                                     |
| > **(B)** In the case of a stock or species for which a take          |
| > reduction plan is being developed, the Secretary shall---           |
| >                                                                     |
| > **(i)** prescribe emergency regulations to reduce such incidental   |
| > mortality and serious injury in that fishery; and                   |
| >                                                                     |
| > **(ii)** approve and implement, on an expedited basis, such plan,   |
| > which shall provide methods to address such adverse impact if still |
| > necessary.                                                          |
| >                                                                     |
| > **(C)** In the case of a stock or species for which a take          |
| > reduction plan does not exist and is not being developed, or in the |
| > case of a commercial fishery listed under subsection (c)(1)(A)(iii) |
| > of this section which the Secretary believes may be contributing to |
| > such adverse impact, the Secretary shall---                         |
| >                                                                     |
| > **(i)** prescribe emergency regulations to reduce such incidental   |
| > mortality and serious injury in that fishery, to the extent         |
| > necessary to mitigate such adverse impact;                          |
| >                                                                     |
| > **(ii)** immediately review the stock assessment for such stock or  |
| > species and the classification of such commercial fishery under     |
| > this section to determine if a take reduction team should be        |
| > established; and                                                    |
| >                                                                     |
| > **(iii)** may, where necessary to address such adverse impact on a  |
| > species or stock listed as a threatened species or endangered       |
| > species under the Endangered Species Act of 1973                    |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.), place observers on vessels in a commercial fishery listed |
| > under subsection (c)(1)(A)(iii) of this section, if the Secretary   |
| > has reason to believe such vessels may be causing the incidental    |
| > mortality and serious injury to marine mammals from such stock.     |
| >                                                                     |
| > **(2)** Prior to taking action under paragraph (1)(A), (B), or (C), |
| > the Secretary shall consult with the Marine Mammal Commission, all  |
| > appropriate Regional Fishery Management Councils, State fishery     |
| > managers, and the appropriate take reduction team (if established). |
| >                                                                     |
| > **(3)** Emergency regulations prescribed under this subsection---   |
| >                                                                     |
| > **(A)** shall be published in the Federal Register, together with   |
| > an explanation thereof;                                             |
| >                                                                     |
| > **(B)** shall remain in effect for not more than 180 days or until  |
| > the end of the applicable commercial fishing season, whichever is   |
| > earlier; and                                                        |
| >                                                                     |
| > **(C)** may be terminated by the Secretary at an earlier date by    |
| > publication in the Federal Register of a notice of termination, if  |
| > the Secretary determines that the reasons for emergency regulations |
| > no longer exist.                                                    |
| >                                                                     |
| > **(4)** If the Secretary finds that incidental mortality and        |
| > serious injury of marine mammals in a commercial fishery is         |
| > continuing to have an immediate and significant adverse impact on a |
| > stock or species, the Secretary may extend the emergency            |
| > regulations for an additional period of not more than 90 days or    |
| > until reasons for the emergency no longer exist, whichever is       |
| > earlier.                                                            |
|                                                                       |
| **(h)** Penalties                                                     |
|                                                                       |
| Except as provided in subsection (c) of this section, any person who  |
| violates this section shall be subject to the provisions of sections  |
| [1375](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001375----000-.html) |
| and                                                                   |
| [1377](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001377----000-.html) |
| of this title, and may be subject to section                          |
| [1376](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001376----000-.html) |
| of this title as the Secretary shall establish by regulations.        |
|                                                                       |
| **(i)** Assistance                                                    |
|                                                                       |
| The Secretary shall provide assistance to Regional Fishery Management |
| Councils, States, interstate fishery commissions, and Indian tribal   |
| organizations in meeting the goal of reducing incidental mortality    |
| and serious injury to insignificant levels approaching a zero         |
| mortality and serious injury rate.                                    |
|                                                                       |
| **(j)** Contributions                                                 |
|                                                                       |
| For purposes of carrying out this section, the Secretary may accept,  |
| solicit, receive, hold, administer, and use gifts, devises, and       |
| bequests.                                                             |
|                                                                       |
| **(k)** Consultation with Secretary of the Interior                   |
|                                                                       |
| The Secretary shall consult with the Secretary of the Interior prior  |
| to taking actions or making determinations under this section that    |
| affect or relate to species or population stocks of marine mammals    |
| for which the Secretary of the Interior is responsible under this     |
| subchapter.                                                           |
|                                                                       |
| **(l)** Definitions                                                   |
|                                                                       |
| As used in this section and section                                   |
| [1371](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html) |
| [(a)(5)(E)](http://assembler.law.cor                                  |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001371----000-.html#a_5_E) |
| of this title, each of the terms "fishery" and "vessel of the United  |
| States" has the same meaning it does in section                       |
| [1802](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001802----000-.html) |
| of this title.                                                        |
+-----------------------------------------------------------------------+
| **§ 1388. Marine mammal cooperative agreements in Alaska**            |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| The Secretary may enter into cooperative agreements with Alaska       |
| Native organizations to conserve marine mammals and provide           |
| co-management of subsistence use by Alaska Natives.                   |
|                                                                       |
| **(b)** Grants                                                        |
|                                                                       |
| Agreements entered into under this section may include grants to      |
| Alaska Native organizations for, among other purposes---              |
|                                                                       |
| > **(1)** collecting and analyzing data on marine mammal populations; |
| >                                                                     |
| > **(2)** monitoring the harvest of marine mammals for subsistence    |
| > use;                                                                |
| >                                                                     |
| > **(3)** participating in marine mammal research conducted by the    |
| > Federal Government, States, academic institutions, and private      |
| > organizations; and                                                  |
| >                                                                     |
| > **(4)** developing marine mammal co-management structures with      |
| > Federal and State agencies.                                         |
|                                                                       |
| **(c)** Effect of jurisdiction                                        |
|                                                                       |
| Nothing in this section is intended or shall be construed---          |
|                                                                       |
| > **(1)** as authorizing any expansion or change in the respective    |
| > jurisdiction of Federal, State, or tribal governments over fish and |
| > wildlife resources; or                                              |
| >                                                                     |
| > **(2)** as altering in any respect the existing political or legal  |
| > status of Alaska Natives, or the governmental or jurisdictional     |
| > status of Alaska Native communities or Alaska Native entities.      |
|                                                                       |
| **(d)** Authorization of appropriations                               |
|                                                                       |
| There are authorized to be appropriated for the purposes of carrying  |
| out this section---                                                   |
|                                                                       |
| > **(1)** \$1,500,000 to the Secretary of Commerce for each of the    |
| > fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and            |
| >                                                                     |
| > **(2)** \$1,000,000 to the Secretary of the Interior for each of    |
| > the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.            |
|                                                                       |
| The amounts authorized to be appropriated under this subsection are   |
| in addition to the amounts authorized to be appropriated under        |
| section                                                               |
| [1384](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001384----000-.html) |
| of this title.                                                        |
+-----------------------------------------------------------------------+
| **§ 1389. Pacific Coast Task Force; Gulf of Maine**                   |
+-----------------------------------------------------------------------+
| **(a)** Pinniped removal authority                                    |
|                                                                       |
| Notwithstanding any other provision of this subchapter, the Secretary |
| may permit the intentional lethal taking of pinnipeds in accordance   |
| with this section.                                                    |
|                                                                       |
| **(b)** Application                                                   |
|                                                                       |
| > **(1)** A State may apply to the Secretary to authorize the         |
| > intentional lethal taking of individually identifiable pinnipeds    |
| > which are having a significant negative impact on the decline or    |
| > recovery of salmonid fishery stocks which---                        |
| >                                                                     |
| > **(A)** have been listed as threatened species or endangered        |
| > species under the Endangered Species Act of 1973                    |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.);                                                           |
| >                                                                     |
| > **(B)** the Secretary finds are approaching threatened species or   |
| > endangered species status (as those terms are defined in that Act); |
| > or                                                                  |
| >                                                                     |
| > **(C)** migrate through the Ballard Locks at Seattle, Washington.   |
| >                                                                     |
| > **(2)** Any such application shall include a means of identifying   |
| > the individual pinniped or pinnipeds, and shall include a detailed  |
| > description of the problem interaction and expected benefits of the |
| > taking.                                                             |
|                                                                       |
| **(c)** Actions in response to application                            |
|                                                                       |
| > **(1)** Within 15 days of receiving an application, the Secretary   |
| > shall determine whether the application has produced sufficient     |
| > evidence to warrant establishing a Pinniped-Fishery Interaction     |
| > Task Force to address the situation described in the application.   |
| > If the Secretary determines sufficient evidence has been provided,  |
| > the Secretary shall establish a Pinniped-Fishery Interaction Task   |
| > Force and publish a notice in the Federal Register requesting       |
| > public comment on the application.                                  |
| >                                                                     |
| > **(2)** A Pinniped-Fishery Interaction Task Force established under |
| > paragraph (1) shall consist of designated employees of the          |
| > Department of Commerce, scientists who are knowledgeable about the  |
| > pinniped interaction that the application addresses,                |
| > representatives of affected conservation and fishing community      |
| > organizations, Indian Treaty tribes, the States, and such other     |
| > organizations as the Secretary deems appropriate.                   |
| >                                                                     |
| > **(3)** Within 60 days after establishment, and after reviewing     |
| > public comments in response to the Federal Register notice under    |
| > paragraph (1), the Pinniped-Fishery Interaction Task Force shall--- |
| >                                                                     |
| > **(A)** recommend to the Secretary whether to approve or deny the   |
| > proposed intentional lethal taking of the pinniped or pinnipeds,    |
| > including along with the recommendation a description of the        |
| > specific pinniped individual or individuals, the proposed location, |
| > time, and method of such taking, criteria for evaluating the        |
| > success of the action, and the duration of the intentional lethal   |
| > taking authority; and                                               |
| >                                                                     |
| > **(B)** suggest nonlethal alternatives, if available and            |
| > practicable, including a recommended course of action.              |
| >                                                                     |
| > **(4)** Within 30 days after receipt of recommendations from the    |
| > Pinniped-Fishery Interaction Task Force, the Secretary shall either |
| > approve or deny the application. If such application is approved,   |
| > the Secretary shall immediately take steps to implement the         |
| > intentional lethal taking, which shall be performed by Federal or   |
| > State agencies, or qualified individuals under contract to such     |
| > agencies.                                                           |
| >                                                                     |
| > **(5)** After implementation of an approved application, the        |
| > Pinniped-Fishery Interaction Task Force shall evaluate the          |
| > effectiveness of the permitted intentional lethal taking or         |
| > alternative actions implemented. If implementation was ineffective  |
| > in eliminating the problem interaction, the Task Force shall        |
| > recommend additional actions. If the implementation was effective,  |
| > the Task Force shall so advise the Secretary, and the Secretary     |
| > shall disband the Task Force.                                       |
|                                                                       |
| **(d)** Considerations                                                |
|                                                                       |
| In considering whether an application should be approved or denied,   |
| the Pinniped-Fishery Interaction Task Force and the Secretary shall   |
| consider---                                                           |
|                                                                       |
| > **(1)** population trends, feeding habits, the location of the      |
| > pinniped interaction, how and when the interaction occurs, and how  |
| > many individual pinnipeds are involved;                             |
| >                                                                     |
| > **(2)** past efforts to nonlethally deter such pinnipeds, and       |
| > whether the applicant has demonstrated that no feasible and prudent |
| > alternatives exist and that the applicant has taken all reasonable  |
| > nonlethal steps without success;                                    |
| >                                                                     |
| > **(3)** the extent to which such pinnipeds are causing undue injury |
| > or impact to, or imbalance with, other species in the ecosystem,    |
| > including fish populations; and                                     |
| >                                                                     |
| > **(4)** the extent to which such pinnipeds are exhibiting behavior  |
| > that presents an ongoing threat to public safety.                   |
|                                                                       |
| **(e)** Limitation                                                    |
|                                                                       |
| The Secretary shall not approve the intentional lethal taking of any  |
| pinniped from a species or stock that is---                           |
|                                                                       |
| > **(1)** listed as a threatened species or endangered species under  |
| > the Endangered Species Act of 1973                                  |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.);                                                           |
| >                                                                     |
| > **(2)** depleted under this chapter; or                             |
| >                                                                     |
| > **(3)** a strategic stock.                                          |
|                                                                       |
| **(f)** California sea lions and Pacific harbor seals; investigation  |
| and report                                                            |
|                                                                       |
| > **(1)** The Secretary shall engage in a scientific investigation to |
| > determine whether California sea lions and Pacific harbor seals---  |
| >                                                                     |
| > **(A)** are having a significant negative impact on the recovery of |
| > salmonid fishery stocks which have been listed as endangered        |
| > species or threatened species under the Endangered Species Act of   |
| > 1973                                                                |
| > ([16](http                                                          |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.), or which the Secretary finds are approaching such         |
| > endangered species or threatened species status; or                 |
| >                                                                     |
| > **(B)** are having broader impacts on the coastal ecosystems of     |
| > Washington, Oregon, and California.                                 |
| >                                                                     |
| > The Secretary shall conclude this investigation and prepare a       |
| > report on its results no later than October 1, 1995.                |
| >                                                                     |
| > **(2)** Upon completion of the scientific investigation required    |
| > under paragraph (1), the Secretary shall enter into discussions     |
| > with the Pacific States Marine Fisheries Commission, on behalf of   |
| > the States of Washington, Oregon, and California, for the purpose   |
| > of addressing any issues or problems identified as a result of the  |
| > scientific investigation, and to develop recommendations to address |
| > such issues or problems. Any recommendations resulting from such    |
| > discussions shall be submitted, along with the report, to the       |
| > Committee on Merchant Marine and Fisheries of the House of          |
| > Representatives and the Committee on Commerce, Science, and         |
| > Transportation of the Senate.                                       |
| >                                                                     |
| > **(3)** The Secretary shall make the report and the recommendations |
| > submitted under paragraph (2) available to the public for review    |
| > and comment for a period of 90 days.                                |
| >                                                                     |
| > **(4)** There are authorized to be appropriated to the Secretary    |
| > such sums as are necessary to carry out the provisions of this      |
| > subsection.                                                         |
| >                                                                     |
| > **(5)** The amounts appropriated under section                      |
| > [4107](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004107----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004107----000-.html#c) |
| > of this title and allocated to the Pacific States Marine Fisheries  |
| > Commission may be used by the Commission to participate in          |
| > discussions with the Secretary under paragraph (2).                 |
|                                                                       |
| **(g)** Regionwide pinniped-fishery interaction study                 |
|                                                                       |
| > **(1)** The Secretary may conduct a study, of not less than three   |
| > high predation areas in anadromous fish migration corridors within  |
| > the Northwest Region of the National Marine Fisheries Service, on   |
| > the interaction between fish and pinnipeds. In conducting the       |
| > study, the Secretary shall consult with other State and Federal     |
| > agencies with expertise in pinniped-fishery interaction. The study  |
| > shall evaluate---                                                   |
| >                                                                     |
| > **(A)** fish behavior in the presence of predators generally;       |
| >                                                                     |
| > **(B)** holding times and passage rates of anadromous fish stocks   |
| > in areas where such fish are vulnerable to predation;               |
| >                                                                     |
| > **(C)** whether additional facilities exist, or could be reasonably |
| > developed, that could improve escapement for anadromous fish; and   |
| >                                                                     |
| > **(D)** other issues the Secretary considers relevant.              |
| >                                                                     |
| > **(2)** Subject to the availability of appropriations, the          |
| > Secretary may, not later than 18 months after the commencement of   |
| > the study under this subsection, transmit a report on the results   |
| > of the study to the Committee on Commerce, Science, and             |
| > Transportation of the Senate and the Committee on Merchant Marine   |
| > and Fisheries of the House of Representatives.                      |
| >                                                                     |
| > **(3)** The study conducted under this subsection may not be used   |
| > by the Secretary as a reason for delaying or deferring a            |
| > determination or consideration under subsection (c) or (d) of this  |
| > section.                                                            |
|                                                                       |
| **(h)** Gulf of Maine Task Force                                      |
|                                                                       |
| The Secretary shall establish a Pinniped-Fishery Interaction Task     |
| Force to advise the Secretary on issues or problems regarding         |
| pinnipeds interacting in a dangerous or damaging manner with          |
| aquaculture resources in the Gulf of Maine. No later than 2 years     |
| from April 30, 1994, the Secretary shall after notice and opportunity |
| for public comment submit to the Committee on Merchant Marine and     |
| Fisheries of the House of Representatives and the Committee on        |
| Commerce, Science, and Transportation of the Senate a report          |
| containing recommended available alternatives to mitigate such        |
| interactions.                                                         |
|                                                                       |
| **(i)** Requirements applicable to task forces                        |
|                                                                       |
| > **(1)** Any task force established under this section---            |
| >                                                                     |
| > **(A)** shall to the maximum extent practicable, consist of an      |
| > equitable balance among representatives of resource user interests  |
| > and nonuser interests; and                                          |
| >                                                                     |
| > **(B)** shall not be subject to the Federal Advisory Committee Act  |
| > (5 App. U.S.C.).                                                    |
| >                                                                     |
| > **(2)** Meetings of any task force established under this section   |
| > shall be open to the public, and prior notice of those meetings     |
| > shall be given to the public by the task force in a timely fashion. |
|                                                                       |
| **(j)** Gulf of Maine harbor porpoise                                 |
|                                                                       |
| > **(1)** Nothing in section                                          |
| > [1386](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001386----000-.html) |
| > of this title shall prevent the Secretary from publishing a stock   |
| > assessment for Gulf of Maine harbor porpoise in an expedited        |
| > fashion.                                                            |
| >                                                                     |
| > **(2)** In developing and implementing a take reduction plan under  |
| > section                                                             |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > of this title for Gulf of Maine harbor porpoise, the Secretary      |
| > shall consider all actions already taken to reduce incidental       |
| > mortality and serious injury of such stock, and may, based on the   |
| > recommendations of the take reduction team for such stock, modify   |
| > the time period required for compliance with section                |
| > [1387](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html) |
| > [(f)(5)(A)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00001387----000-.html#f_5_A) |
| > of this title, but in no case may such modification extend the date |
| > of compliance beyond April 1, 1997.                                 |
+-----------------------------------------------------------------------+
| **§ 1401. Establishment**                                             |
+-----------------------------------------------------------------------+
| **(a)** Designation                                                   |
|                                                                       |
| There is hereby established the Marine Mammal Commission (hereafter   |
| referred to in this subchapter as the "Commission").                  |
|                                                                       |
| **(b)** Membership and term of office                                 |
|                                                                       |
| > **(1)** Effective September 1, 1982, the Commission shall be        |
| > composed of three members who shall be appointed by the President,  |
| > by and with the advice and consent of the Senate. The President     |
| > shall make his selection from a list of individuals knowledgeable   |
| > in the fields of marine ecology and resource management, and who    |
| > are not in a position to profit from the taking of marine mammals.  |
| > Such list shall be submitted to him by the Chairman of the Council  |
| > on Environmental Quality and unanimously agreed to by that          |
| > Chairman, the Secretary of the Smithsonian Institution, the         |
| > Director of the National Science Foundation and the Chairman of the |
| > National Academy of Sciences. No member of the Commission may,      |
| > during his period of service on the Commission, hold any other      |
| > position as an officer or employee of the United States except as a |
| > retired officer or retired civilian employee of the United States.  |
| >                                                                     |
| > **(2)** The term of office for each member shall be three years;    |
| > except that of the members initially appointed to the Commission,   |
| > the term of one member shall be for one year, the term of one       |
| > member shall be for two years, and the term of one member shall be  |
| > for three years. No member is eligible for reappointment; except    |
| > that any member appointed to fill a vacancy occurring before the    |
| > expiration of the term for which his predecessor was appointed      |
| >                                                                     |
| > **(A)** shall be appointed for the remainder of such term, and      |
| >                                                                     |
| > **(B)** is eligible for reappointment for one full term. A member   |
| > may serve after the expiration of his term until his successor has  |
| > taken office.                                                       |
|                                                                       |
| **(c)** Chairman                                                      |
|                                                                       |
| The President shall designate a Chairman of the Commission (hereafter |
| referred to in this subchapter as the "Chairman") from among its      |
| members.                                                              |
|                                                                       |
| **(d)** Compensation; reimbursement for travel expenses               |
|                                                                       |
| Members of the Commission shall each be compensated at a rate equal   |
| to the daily equivalent of the rate for GS--18 of the General         |
| Schedule under section                                                |
| [5332](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00005332----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| for each day such member is engaged in the actual performance of      |
| duties vested in the Commission. Each member shall be reimbursed for  |
| travel expenses, including per diem in lieu of subsistence, as        |
| authorized by section                                                 |
| [5703](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00005703----000-.html) |
| of title                                                              |
| [5](htt                                                               |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| for persons in Government service employed intermittently.            |
|                                                                       |
| **(e)** Executive Director                                            |
|                                                                       |
| The Commission shall have an Executive Director, who shall be         |
| appointed (without regard to the provisions of title 5 governing      |
| appointments in the competitive service) by the Chairman with the     |
| approval of the Commission and shall be paid at a rate not in excess  |
| of the rate for GS--18 of the General Schedule under section          |
| [5332](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00005332----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
| The Executive Director shall have such duties as the Chairman may     |
| assign.                                                               |
+-----------------------------------------------------------------------+
| **§ 1402. Duties of Commission**                                      |
+-----------------------------------------------------------------------+
| **(a)** Reports and recommendations                                   |
|                                                                       |
| The Commission shall---                                               |
|                                                                       |
| > **(1)** undertake a review and study of the activities of the       |
| > United States pursuant to existing laws and international           |
| > conventions relating to marine mammals, including, but not limited  |
| > to, the International Convention for the Regulation of Whaling, the |
| > Whaling Convention Act of 1949                                      |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [916](http://assembler.l                                            |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000916----000-.html) |
| > et seq.\], the Interim Convention on the Conservation of North      |
| > Pacific Fur Seals, and the Fur Seal Act of 1966                     |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1151](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001151----000-.html) |
| > et seq.\];                                                          |
| >                                                                     |
| > **(2)** conduct a continuing review of the condition of the stocks  |
| > of marine mammals, of methods for their protection and              |
| > conservation, of humane means of taking marine mammals, of research |
| > programs conducted or proposed to be conducted under the authority  |
| > of this chapter, and of all applications for permits for scientific |
| > research, public display, or enhancing the survival or recovery of  |
| > a species or stock;                                                 |
| >                                                                     |
| > **(3)** undertake or cause to be undertaken such other studies as   |
| > it deems necessary or desirable in connection with its assigned     |
| > duties as to the protection and conservation of marine mammals;     |
| >                                                                     |
| > **(4)** recommend to the Secretary and to other Federal officials   |
| > such steps as it deems necessary or desirable for the protection    |
| > and conservation of marine mammals;                                 |
| >                                                                     |
| > **(5)** recommend to the Secretary of State appropriate policies    |
| > regarding existing international arrangements for the protection    |
| > and conservation of marine mammals, and suggest appropriate         |
| > international arrangements for the protection and conservation of   |
| > marine mammals;                                                     |
| >                                                                     |
| > **(6)** recommend to the Secretary such revisions of the endangered |
| > species list and threatened species list published pursuant to      |
| > section                                                             |
| > [1533](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html) |
| > [(c)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00001533----000-.html#c_1) |
| > of this title, as may be appropriate with regard to marine mammals; |
| > and                                                                 |
| >                                                                     |
| > **(7)** recommend to the Secretary, other appropriate Federal       |
| > officials, and Congress such additional measures as it deems        |
| > necessary or desirable to further the policies of this chapter,     |
| > including provisions for the protection of the Indians, Eskimos,    |
| > and Aleuts whose livelihood may be adversely affected by actions    |
| > taken pursuant to this chapter.                                     |
|                                                                       |
| **(b)** Consultation with Secretary; reports to Secretary before      |
| publication                                                           |
|                                                                       |
| The Commission shall consult with the Secretary at such intervals as  |
| it or he may deem desirable, and shall provide each annual report     |
| required under section                                                |
| [1404](http://assembler.law.cornell.edu/uscode/html/uscode16/usc      |
| _sec_16_00001404----000-.html) [\[1\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00001402----000-.html#FN-1%23FN-1) |
| of this title, before submission to Congress, to the Secretary for    |
| comment.                                                              |
|                                                                       |
| **(c)** Availability of reports for public inspection                 |
|                                                                       |
| The reports and recommendations which the Commission makes shall be   |
| matters of public record and shall be available to the public at all  |
| reasonable times. All other activities of the Commission shall be     |
| matters of public record and available to the public in accordance    |
| with the provisions of section                                        |
| [552](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00000552----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html). |
|                                                                       |
| **(d)** Recommendations; explanation for nonadoption                  |
|                                                                       |
| Any recommendations made by the Commission to the Secretary and other |
| Federal officials shall be responded to by those individuals within   |
| one hundred and twenty days after receipt thereof. Any                |
| recommendations which are not followed or adopted shall be referred   |
| to the Commission together with a detailed explanation of the reasons |
| why those recommendations were not followed or adopted.               |
+-----------------------------------------------------------------------+
| **§ 1403. Committee of Scientific Advisors on Marine Mammals**        |
+-----------------------------------------------------------------------+
| **(a)** Establishment; membership                                     |
|                                                                       |
| The Commission shall establish, within ninety days after its          |
| establishment, a Committee of Scientific Advisors on Marine Mammals   |
| (hereafter referred to in this subchapter as the "Committee"). Such   |
| Committee shall consist of nine scientists knowledgeable in marine    |
| ecology and marine mammal affairs appointed by the Chairman after     |
| consultation with the Chairman of the Council on Environmental        |
| Quality, the Secretary of the Smithsonian Institution, the Director   |
| of the National Science Foundation, and the Chairman of the National  |
| Academy of Sciences.                                                  |
|                                                                       |
| **(b)** Compensation; reimbursement for travel expenses               |
|                                                                       |
| Except for United States Government employees, members of the         |
| Committee shall each be compensated at a rate equal to the daily      |
| equivalent of the rate for GS--18 of the General Schedule under       |
| section                                                               |
| [5332](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00005332----000-.html) |
| of title                                                              |
| [5](http                                                              |
| ://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html), |
| for each day such member is engaged in the actual performance of      |
| duties vested in the Committee. Each member shall be reimbursed for   |
| travel expenses, including per diem in lieu of subsistence, as        |
| authorized by section                                                 |
| [5703](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00005703----000-.html) |
| of title                                                              |
| [5](htt                                                               |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| for persons in Government service employed intermittently.            |
|                                                                       |
| **(c)** Consultation with Commission on studies and recommendations;  |
| explanation for nonadoption                                           |
|                                                                       |
| The Commission shall consult with the Committee on all studies and    |
| recommendations which it may propose to make or has made, on research |
| programs conducted or proposed to be conducted under the authority of |
| this chapter, and on all applications for permits for scientific      |
| research. Any recommendations made by the Committee or any of its     |
| members which are not adopted by the Commission shall be transmitted  |
| by the Commission to the appropriate Federal agency and to the        |
| appropriate committees of Congress with a detailed explanation of the |
| Commission's reasons for not accepting such recommendations.          |
+-----------------------------------------------------------------------+
| **§ 1404. Omitted**                                                   |
+-----------------------------------------------------------------------+
| **§ 1405. Coordination with other Federal agencies**                  |
+-----------------------------------------------------------------------+
| The Commission shall have access to all studies and data compiled by  |
| Federal agencies regarding marine mammals. With the consent of the    |
| appropriate Secretary or Agency head, the Commission may also utilize |
| the facilities or services of any Federal agency and shall take every |
| feasible step to avoid duplication of research and to carry out the   |
| purposes of this chapter.                                             |
+-----------------------------------------------------------------------+
| **§ 1406. Administration**                                            |
+-----------------------------------------------------------------------+
| The Commission, in carrying out its responsibilities under this       |
| subchapter, may---                                                    |
|                                                                       |
| > **(1)** employ and fix the compensation of such personnel;          |
| >                                                                     |
| > **(2)** acquire, furnish, and equip such office space;              |
| >                                                                     |
| > **(3)** enter into such contracts or agreements with, or provide    |
| > such grants to, other organizations, both public and private;       |
| >                                                                     |
| > **(4)** procure the services of such experts or consultants or an   |
| > organization thereof as is authorized under section                 |
| > [3109](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode05/usc_sec_05_00003109----000-.html) |
| > of title                                                            |
| > [5](htt                                                             |
| p://assembler.law.cornell.edu/uscode/html/uscode05/usc_sup_01_5.html) |
| > (but at rates for individuals not to exceed \$100 per diem); and    |
| >                                                                     |
| > **(5)** incur such necessary expenses and exercise such other       |
| > powers, as are consistent with and reasonably required to perform   |
| > its functions under this subchapter; except that no fewer than 11   |
| > employees must be employed under paragraph (1) at any time.         |
| > Financial and administrative services (including those related to   |
| > budgeting, accounting, financial reporting, personnel, and          |
| > procurement) shall be provided the Commission by the General        |
| > Services Administration, for which payment shall be made in         |
| > advance, or by reimbursement from funds of the Commission in such   |
| > amounts as may be agreed upon by the Chairman and the Administrator |
| > of General Services.                                                |
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| **§ 1407. Authorization of appropriations**                           |
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| There are authorized to be appropriated to the Marine Mammal          |
| Commission, for purposes of carrying out this subchapter, \$1,500,000 |
| for fiscal year 1994, \$1,550,000 for fiscal year 1995, \$1,600,000   |
| for fiscal year 1996, \$1,650,000 for fiscal year 1997, \$1,700,000   |
| for fiscal year 1998, and \$1,750,000 for fiscal year 1999.           |
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