-CITE-
    16 USC CHAPTER 31 - MARINE MAMMAL PROTECTION                01/03/2007

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

-HEAD-
                   CHAPTER 31 - MARINE MAMMAL PROTECTION               


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

       SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS   
    1371.       Moratorium on taking and importing marine mammals and
                 marine mammal products.                              
    1372.       Prohibitions.                                         
    1373.       Regulations on taking of marine mammals.              
    1374.       Permits.                                              
    1375.       Penalties.                                            
    1375a.      Use of fines for protection and recovery of manatees,
                 polar bears, sea otters, and walruses.               
    1376.       Seizure and forfeiture of cargo.                      
    1377.       Enforcement.                                          
    1378.       International program.                                
    1379.       Transfer of management authority.                     
    1380.       Marine mammal research grants.                        
    1381.       Commercial fisheries gear development.                
    1382.       Regulations and administration.                       
    1383.       Application to other treaties and conventions.        
    1383a.      Interim exemption for commercial fisheries.           
    1383b.      Status review; conservation plans.                    
    1384.       Authorization of appropriations.                      
    1385.       Dolphin protection.                                   
    1386.       Stock assessments.                                    
    1387.       Taking of marine mammals incidental to commercial
                 fishing operations.                                  
    1388.       Marine mammal cooperative agreements in Alaska.       
    1389.       Pacific Coast Task Force; Gulf of Maine.              

                 SUBCHAPTER III - MARINE MAMMAL COMMISSION             
    1401.       Establishment.                                        
    1402.       Duties of Commission.                                 
    1403.       Committee of Scientific Advisors on Marine Mammals.   
    1404.       Omitted.                                              
    1405.       Coordination with other Federal agencies.             
    1406.       Administration.                                       
    1407.       Authorization of appropriations.                      

        SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM    
    1411.       Findings and policy.                                  
    1412.       International Dolphin Conservation Program.           
    1413.       Regulatory authority of Secretary.                    
    1414.       Repealed.                                             
    1414a.      Research.                                             
    1415.       Reports by Secretary.                                 
    1416.       Permits.                                              
    1417.       Prohibitions.                                         
    1418.       Repealed.                                             

        SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE    
    1421.       Establishment of Program.                             
    1421a.      Determination; data collection and dissemination.     
    1421b.      Stranding response agreements.                        
    1421c.      Unusual mortality event response.                     
    1421d.      Unusual mortality event activity funding.             
    1421e.      Liability.                                            
    1421f.      National Marine Mammal Tissue Bank and tissue
                 analysis.                                            
    1421f-1.    John H. Prescott Marine Mammal Rescue Assistance Grant
                 Program.                                             
    1421g.      Authorization of appropriations.                      
    1421h.      Definitions.                                          

                        SUBCHAPTER VI - POLAR BEARS                    
    1423.       Definitions.                                          
    1423a.      Prohibitions.                                         
    1423b.      Administration.                                       
    1423c.      Cooperative management agreement; authority to
                 delegate enforcement authority.                      
    1423d.      Commission appointments; compensation, travel
                 expenses, and claims.                                
    1423e.      Votes taken by the United States section on matters
                 before the Commission.                               
    1423f.      Implementation of actions taken by the Commission.    
    1423g.      Application with other subchapters of chapter.        
    1423h.      Authorization of appropriations.                      

-End-


-CITE-
    16 USC SUBCHAPTER I - GENERALLY                             01/03/2007

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

-HEAD-
                         SUBCHAPTER I - GENERALLY                     

-End-



-CITE-
    16 USC Sec. 1361                                            01/03/2007

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

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

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

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

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


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

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

                       SHORT TITLE OF 2007 AMENDMENT                   
      Pub. L. 109-479, title IX, Sec. 901, Jan. 12, 2007, 120 Stat.
    3660, provided that: "This title [enacting subchapter VI of this
    chapter and amending section 1377 of this title] may be cited as
    the 'United States-Russia Polar Bear Conservation and Management
    Act of 2006'."

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

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

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

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

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

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

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

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

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

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

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

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

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

-End-



-CITE-
    16 USC Sec. 1362                                            01/03/2007

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

-HEAD-
    Sec. 1362. Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

-SOURCE-
    (Pub. L. 92-522, Sec. 3, Oct. 21, 1972, 86 Stat. 1028; Pub. L. 93-
    205, Sec. 13(e)(1), Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-265,
    title IV, Sec. 404(a), Apr. 13, 1976, 90 Stat. 360; Pub. L. 97-58,
    Sec. 1(a), (b)(2), Oct. 9, 1981, 95 Stat. 979; Pub. L. 102-251,
    title III, Sec. 304, Mar. 9, 1992, 106 Stat. 65; Pub. L. 102-523,
    Sec. 2(c), Oct. 26, 1992, 106 Stat. 3432; Pub. L. 102-582, title
    IV, Sec. 401(a), Nov. 2, 1992, 106 Stat. 4909; Pub. L. 102-587,
    title III, Sec. 3004(b), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103-
    238, Secs. 12, 16(a), 24(a)(2), Apr. 30, 1994, 108 Stat. 557, 559,
    565; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
    211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L. 104-297,
    title IV, Sec. 405(b)(2), (3), Oct. 11, 1996, 110 Stat. 3621; Pub.
    L. 105-42, Sec. 3, Aug. 15, 1997, 111 Stat. 1123; Pub. L. 106-555,
    title II, Sec. 202(b), Dec. 21, 2000, 114 Stat. 2768; Pub. L. 108-
    136, div. A, title III, Sec. 319(a), Nov. 24, 2003, 117 Stat.
    1433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Endangered Species Act of 1973, referred to in pars. (1)(C)
    and (19)(B), (C), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884,
    as amended, which is classified generally to chapter 35 (Sec. 1531
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1531 of this
    title and Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Par. (18)(B) to (D). Pub. L. 108-136 added subpars. (B) to
    (D) and struck out former subpars. (B) and (C) which read as
    follows:
      "(B) The term 'Level A harassment' means harassment described in
    subparagraph (A)(i).
      "(C) The term 'Level B harassment' means harassment described in
    subparagraph (A)(ii)."
      2000 - Par. (12)(B). Pub. L. 106-555 inserted "(other than
    section 1421f-1 of this title)" after "subchapter V of this
    chapter".
      1997 - Pars. (28), (29). Pub. L. 105-42 added pars. (28) and
    (29).
      1996 - Par. (15). Pub. L. 104-297, Sec. 405(b)(2), repealed Pub.
    L. 102-251, Sec. 304. See 1992 Amendment note below.
      Pub. L. 104-297, Sec. 404(b)(3), amended par. (15) generally.
    Prior to amendment, par. (15) read as follows: "The term 'waters
    under the jurisdiction of the United States' means - 
        "(A) the territorial sea of the United States, and
        "(B) the waters included within a zone, contiguous to the
      territorial sea of the United States, of which the inner boundary
      is a line coterminous with the seaward boundary of each coastal
      State, and the outer boundary is a line drawn in such a manner
      that each point on it is 200 nautical miles from the baseline
      from which the territorial sea is measured."
      Par. (21). Pub. L. 104-208 made technical amendment to reference
    in original act which appears in text as reference to section 1852
    of this title.
      1994 - Par. (12)(B). Pub. L. 103-238, Sec. 24(a)(2), substituted
    "in section 1387 of this title and subchapter V of this chapter"
    for "in subchapter V of this chapter".
      Pars. (15) to (17). Pub. L. 103-238, Sec. 16(a), redesignated
    par. (15) defining "fishery", and par. (16), as pars. (16) and
    (17), respectively, and struck out former par. (17) which defined
    "intermediary nation".
      Pars. (18) to (27). Pub. L. 103-238, Sec. 12, added pars. (18) to
    (27).
      1992 - Pars. (5) to (11). Pub. L. 102-582 added par. (5) and
    redesignated former pars. (5) to (10) as (6) to (11), respectively.
      Par. (12). Pub. L. 102-587 substituted "(A) Except as provided in
    subparagraph (B), the term" for "The term", redesignated former
    subpars. (A) and (B) as cls. (i) and (ii), respectively, and added
    subpar. (B). See Construction of Amendment by Pub. L. 102-587 note
    below.
      Pub. L. 102-582 redesignated par. (11) as (12). Former par. (12)
    redesignated (13).
      Pars. (13), (14). Pub. L. 102-582 redesignated pars. (12) and
    (13) as (13) and (14), respectively. Former par. (14) redesignated
    (15).
      Par. (15). Pub. L. 102-582 redesignated par. (14), defining
    waters under the jurisdiction of the United States, as (15).
      Pub. L. 102-523 added par. (15) defining fishery.
       Pub. L. 102-251, Sec. 304, which directed the general amendment
    of par. (15) by reenacting the introductory provisions and subpars.
    (A) and (B) without substantial change and adding subpar. (C) which
    read "the areas referred to as eastern special areas in Article
    3(1) of the Agreement between the United States of America and the
    Union of Soviet Socialist Republics on the Maritime Boundary,
    signed June 1, 1990; in particular, those areas east of the
    maritime boundary, as defined in that Agreement, that lie within
    200 nautical miles of the baselines from which the breadth of the
    territorial sea of Russia is measured but beyond 200 nautical miles
    of the baselines from which the breadth of the territorial sea of
    the United States is measured.", was repealed by Pub. L. 104-297,
    Sec. 405(b)(2).
      Pars. (16), (17). Pub. L. 102-523 added pars. (16) and (17).
      1981 - Par. (1). Pub. L. 97-58, Sec. 1(b)(2)(A), substituted a
    single management standard, that is, the maintenance of species at
    their optimum sustainable population, for the former management
    standard which had included the decline of a species or population
    stock that had declined to a significant degree over a period of
    years, the decline of a species or population stock which, if
    continued or resumed, would place the species or stock within the
    provisions of the Endangered Species Act of 1973, and a species or
    population stock that was below the optimum carrying capacity for
    the species or stock within its environment.
      Par. (2). Pub. L. 97-58, Sec. 1(b)(2)(B), substituted "their
    optimum sustainable population" for "the optimum carrying capacity
    of their habitat".
      Par. (8). Pub. L. 97-58, Sec. 1(a), (b)(2)(C), (D), redesignated
    par. (9) as (8) and substituted "carrying capacity" for "optimum
    carrying capacity". Former par. (8), which defined "optimum
    carrying capacity" was struck out.
      Pars. (9) to (12). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated
    pars. (9) to (13) as (8) to (12), respectively.
      Par. (13). Pub. L. 97-58, Sec. 1(b)(2)(C), (E), redesignated par.
    (14) as (13) and substituted "the Virgin Islands of the United
    States, American Samoa, Guam, and Northern Mariana Islands" for
    "the Canal Zone, the possessions of the United States, and the
    Trust Territory of the Pacific Islands". Former par. (13)
    redesignated (12).
      Pars. (14), (15). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated
    pars. (14) and (15) as (13) and (14), respectively.
      1976 - Par. (15)(B). Pub. L. 94-265 substituted "the waters
    included within a zone, contiguous to the territorial sea of the
    United States, of which the inner boundary is a line coterminous
    with the seaward boundary of each coastal State, and the outer
    boundary is a line drawn in such a manner that each point on it is
    200 nautical miles from the baseline from which the territorial sea
    is measured" for "the fisheries zone established pursuant to the
    Act of October 14, 1966".
      1973 - Par. (1)(B). Pub. L. 93-205 substituted "Endangered
    Species Act of 1973" for "Endangered Species Conservation Act of
    1969".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 8 of Pub. L. 105-42 provided that:
      "(a) Amendments to Take Effect When IDCP in Force. - Sections 3
    through 7 of this Act [enacting sections 962, 1412, 1413, 1414a to
    1416 of this title, amending sections 952, 953, 1362, 1371, 1374,
    1378, 1380, 1385, 1411, and 1417 of this title, and repealing
    sections 1412 to 1416 and 1418 of this title] (except for section
    304 of the Marine Mammal Protection Act of 1972 as added by section
    6 of this Act [section 1414a of this title]) shall become effective
    upon - 
        "(1) certification by the Secretary of Commerce that - 
          "(A) sufficient funding is available to complete the first
        year of the study required under section 304(a) of the Marine
        Mammal Protection Act of 1972, as so added; and
          "(B) the study has commenced; and
        "(2) certification by the Secretary of State to Congress that a
      binding resolution of the Inter-American Tropical Tuna Commission
      or other legally binding instrument establishing the
      International Dolphin Conservation Program has been adopted and
      is in force.
      "(b) Special Effective Date. - Notwithstanding subsection (a),
    the Secretary of Commerce may issue regulations under - 
        "(1) subsection (f)(2) of the Dolphin Protection Consumer
      Information Act (16 U.S.C. 1385(f)(2)), as added by section 5(b)
      of this Act;
        "(2) section 303(a) of the Marine Mammal Protection Act of 1972
      (16 U.S.C. 1413(a)), as added by section 6(c) of this Act,
    at any time after the date of enactment of this Act [Aug. 15,
    1997]."
      [The Secretary of Commerce made the certification referred to in
    section 8(a)(1) of Pub. L. 105-42, set out above, on July 27, 1998,
    and the Secretary of State made the certification referred to in
    section 8(a)(2) of Pub. L. 105-42 on Mar. 3, 1999.]

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

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 24(e) of Pub. L. 103-238 provided that: "The amendments
    made by subsection (a) [amending this section] shall be effective
    as if enacted as part of section 3004 of the Marine Mammal Health
    and Stranding Response Act (106 Stat. 5067) [Pub. L. 102-587]."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-251 effective on date on which Agreement
    between United States and Union of Soviet Socialist Republics on
    the Maritime Boundary, signed June 1, 1990, enters into force for
    United States, with authority to prescribe implementing regulations
    effective Mar. 9, 1992, but with no such regulation to be effective
    until date on which Agreement enters into force for United States,
    see section 308 of Pub. L. 102-251, set out as a note under section
    773 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 404(b) of Pub. L. 94-265 provided that the amendment made
    by section 404(a) of Pub. L. 94-265 to this section was to take
    effect Mar. 1, 1977, prior to the general amendment of title IV of
    Pub. L. 94-265 by Pub. L. 104-297.

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

               CONSTRUCTION OF AMENDMENT BY PUB. L. 102-587           
      Section 24(a)(1) of Pub. L. 103-238 provided that: "The
    amendments set forth in section 3004(b) of the Marine Mammal Health
    and Stranding Response Act (106 Stat. 5067) [Pub. L. 102-587,
    amending this section] - 
        "(A) are deemed to have been made by that section to section
      3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
      1362(12)); and
        "(B) shall not be considered to have been made by that section
      to section 3(11) of that Act (16 U.S.C. 1362(11))."


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

    TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
                                CANAL ZONE
      For termination of the United States District Court for the
    District of the Canal Zone at end of the "transition period", being
    the 30-month period beginning Oct. 1, 1979, and ending midnight
    Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
    Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,
    title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
    sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign
    Relations and Intercourse.


-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.


-EXEC-
           TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES       
      For extension of territorial sea and contiguous zone of United
    States, see Proc. No. 5928 and Proc. No. 7219, respectively, set
    out as notes under section 1331 of Title 43, Public Lands.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-


-CITE-
    16 USC SUBCHAPTER II - CONSERVATION AND PROTECTION OF
           MARINE MAMMALS                                  01/03/2007

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

-HEAD-
       SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS   

-End-



-CITE-
    16 USC Sec. 1371                                            01/03/2007

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

-HEAD-
    Sec. 1371. Moratorium on taking and importing marine mammals and
      marine mammal products

-STATUTE-
    (a) Imposition; exceptions
      There shall be a moratorium on the taking and importation of
    marine mammals and marine mammal products, commencing on the
    effective date of this chapter, during which time no permit may be
    issued for the taking of any marine mammal and no marine mammal or
    marine mammal product may be imported into the United States except
    in the following cases:
        (1) Consistent with the provisions of section 1374 of this
      title, permits may be issued by the Secretary for taking, and
      importation for purposes of scientific research, public display,
      photography for educational or commercial purposes, or enhancing
      the survival or recovery of a species or stock, or for
      importation of polar bear parts (other than internal organs)
      taken in sport hunts in Canada. Such permits, except permits
      issued under section 1374(c)(5) of this title, may be issued if
      the taking or importation proposed to be made is first reviewed
      by the Marine Mammal Commission and the Committee of Scientific
      Advisors on Marine Mammals established under subchapter III of
      this chapter. The Commission and Committee shall recommend any
      proposed taking or importation, other than importation under
      section 1374(c)(5) of this title, which is consistent with the
      purposes and policies of section 1361 of this title. If the
      Secretary issues such a permit for importation, the Secretary
      shall issue to the importer concerned a certificate to that
      effect in such form as the Secretary of the Treasury prescribes,
      and such importation may be made upon presentation of the
      certificate to the customs officer concerned.
        (2) Marine mammals may be taken incidentally in the course of
      commercial fishing operations and permits may be issued therefor
      under section 1374 of this title subject to regulations
      prescribed by the Secretary in accordance with section 1373 of
      this title, or in lieu of such permits, authorizations may be
      granted therefor under section 1387 of this title, subject to
      regulations prescribed under that section by the Secretary
      without regard to section 1373 of this title. Such authorizations
      may be granted under subchapter IV of this chapter with respect
      to purse seine fishing for yellowfin tuna in the eastern tropical
      Pacific Ocean, subject to regulations prescribed under that
      subchapter by the Secretary without regard to section 1373 of
      this title. In any event it shall be the immediate goal that the
      incidental kill or incidental serious injury of marine mammals
      permitted in the course of commercial fishing operations be
      reduced to insignificant levels approaching a zero mortality and
      serious injury rate. The Secretary of the Treasury shall ban the
      importation of commercial fish or products from fish which have
      been caught with commercial fishing technology which results in
      the incidental kill or incidental serious injury of ocean mammals
      in excess of United States standards. For purposes of applying
      the preceding sentence, the Secretary - 
          (A) shall insist on reasonable proof from the government of
        any nation from which fish or fish products will be exported to
        the United States of the effects on ocean mammals of the
        commercial fishing technology in use for such fish or fish
        products exported from such nation to the United States;
          (B) in the case of yellowfin tuna harvested with purse seine
        nets in the eastern tropical Pacific Ocean, and products
        therefrom, to be exported to the United States, shall require
        that the government of the exporting nation provide documentary
        evidence that - 
            (i)(I) the tuna or products therefrom were not banned from
          importation under this paragraph before the effective date of
          section 4 of the International Dolphin Conservation Program
          Act; or
            (II) the tuna or products therefrom were harvested after
          the effective date of section 4 of the International Dolphin
          Conservation Program Act by vessels of a nation which
          participates in the International Dolphin Conservation
          Program, and such harvesting nation is either a member of the
          Inter-American Tropical Tuna Commission or has initiated (and
          within 6 months thereafter completed) all steps required of
          applicant nations, in accordance with article V, paragraph 3
          of the Convention establishing the Inter-American Tropical
          Tuna Commission, to become a member of that organization;
            (ii) such nation is meeting the obligations of the
          International Dolphin Conservation Program and the
          obligations of membership in the Inter-American Tropical Tuna
          Commission, including all financial obligations; and
            (iii) the total dolphin mortality limits, and per-stock per-
          year dolphin mortality limits permitted for that nation's
          vessels under the International Dolphin Conservation Program
          do not exceed the limits determined for 1997, or for any year
          thereafter, consistent with the objective of progressively
          reducing dolphin mortality to a level approaching zero
          through the setting of annual limits and the goal of
          eliminating dolphin mortality, and requirements of the
          International Dolphin Conservation Program;

          (C) shall not accept such documentary evidence if - 
            (i) the government of the harvesting nation does not
          provide directly or authorize the Inter-American Tropical
          Tuna Commission to release complete and accurate information
          to the Secretary in a timely manner - 
              (I) to allow determination of compliance with the
            International Dolphin Conservation Program; and
              (II) for the purposes of tracking and verifying
            compliance with the minimum requirements established by the
            Secretary in regulations promulgated under section 1385(f)
            of this title; or

            (ii) after taking into consideration such information,
          findings of the Inter-American Tropical Tuna Commission, and
          any other relevant information, including information that a
          nation is consistently failing to take enforcement actions on
          violations which diminish the effectiveness of the
          International Dolphin Conservation Program, the Secretary, in
          consultation with the Secretary of State, finds that the
          harvesting nation is not in compliance with the International
          Dolphin Conservation Program.

          (D) shall require the government of any intermediary nation
        to certify and provide reasonable proof to the Secretary that
        it has not imported, within the preceding six months, any
        yellowfin tuna or yellowfin tuna products that are subject to a
        direct ban on importation to the United States under
        subparagraph (B);
          (E) shall, six months after importation of yellowfin tuna or
        tuna products has been banned under this section, certify such
        fact to the President, which certification shall be deemed to
        be a certification for the purposes of section 1978(a) of title
        22 for as long as such ban is in effect; and
          (F)(i) except as provided in clause (ii), in the case of fish
        or products containing fish harvested by a nation whose fishing
        vessels engage in high seas driftnet fishing, shall require
        that the government of the exporting nation provide documentary
        evidence that the fish or fish product was not harvested with a
        large-scale driftnet in the South Pacific Ocean after July 1,
        1991, or in any other water of the high seas after January 1,
        1993, and
          (ii) in the case of tuna or a product containing tuna
        harvested by a nation whose fishing vessels engage in high seas
        driftnet fishing, shall require that the government of the
        exporting nation provide documentary evidence that the tuna or
        tuna product was not harvested with a large-scale driftnet
        anywhere on the high seas after July 1, 1991.

      For purposes of subparagraph (F), the term "driftnet" has the
      meaning given such term in section 4003 of the Driftnet Impact
      Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822
      note), except that, until January 1, 1994, the term "driftnet"
      does not include the use in the northeast Atlantic Ocean of
      gillnets with a total length not to exceed five kilometers if the
      use is in accordance with regulations adopted by the European
      Community pursuant to the October 28, 1991, decision by the
      Council of Fisheries Ministers of the Community.
        (3)(A) The Secretary, on the basis of the best scientific
      evidence available and in consultation with the Marine Mammal
      Commission, is authorized and directed, from time to time, having
      due regard to the distribution, abundance, breeding habits, and
      times and lines of migratory movements of such marine mammals, to
      determine when, to what extent, if at all, and by what means, it
      is compatible with this chapter to waive the requirements of this
      section so as to allow taking, or importing of any marine mammal,
      or any marine mammal product, and to adopt suitable regulations,
      issue permits, and make determinations in accordance with
      sections 1372, 1373, 1374, and 1381 of this title permitting and
      governing such taking and importing, in accordance with such
      determinations: Provided, however, That the Secretary, in making
      such determinations must be assured that the taking of such
      marine mammal is in accord with sound principles of resource
      protection and conservation as provided in the purposes and
      policies of this chapter: Provided, further, however, That no
      marine mammal or no marine mammal product may be imported into
      the United States unless the Secretary certifies that the program
      for taking marine mammals in the country of origin is consistent
      with the provisions and policies of this chapter. Products of
      nations not so certified may not be imported into the United
      States for any purpose, including processing for exportation.
        (B) Except for scientific research purposes, photography for
      educational or commercial purposes, or enhancing the survival or
      recovery of a species or stock as provided for in paragraph (1)
      of this subsection, or as provided for under paragraph (5) of
      this subsection, during the moratorium no permit may be issued
      for the taking of any marine mammal which has been designated by
      the Secretary as depleted, and no importation may be made of any
      such mammal.
        (4)(A) Except as provided in subparagraphs (B) and (C), the
      provisions of this chapter shall not apply to the use of measures
      - 
          (i) by the owner of fishing gear or catch, or an employee or
        agent of such owner, to deter a marine mammal from damaging the
        gear or catch;
          (ii) by the owner of other private property, or an agent,
        bailee, or employee of such owner, to deter a marine mammal
        from damaging private property;
          (iii) by any person, to deter a marine mammal from
        endangering personal safety; or
          (iv) by a government employee, to deter a marine mammal from
        damaging public property,

      so long as such measures do not result in the death or serious
      injury of a marine mammal.
        (B) The Secretary shall, through consultation with appropriate
      experts, and after notice and opportunity for public comment,
      publish in the Federal Register a list of guidelines for use in
      safely deterring marine mammals. In the case of marine mammals
      listed as endangered species or threatened species under the
      Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], the
      Secretary shall recommend specific measures which may be used to
      nonlethally deter marine mammals. Actions to deter marine mammals
      consistent with such guidelines or specific measures shall not be
      a violation of this chapter.
        (C) If the Secretary determines, using the best scientific
      information available, that certain forms of deterrence have a
      significant adverse effect on marine mammals, the Secretary may
      prohibit such deterrent methods, after notice and opportunity for
      public comment, through regulation under this chapter.
        (D) The authority to deter marine mammals pursuant to
      subparagraph (A) applies to all marine mammals, including all
      stocks designated as depleted under this chapter.
        (5)(A)(i) Upon request therefor by citizens of the United
      States who engage in a specified activity (other than commercial
      fishing) within a specified geographical region, the Secretary
      shall allow, during periods of not more than five consecutive
      years each, the incidental, but not intentional, taking by
      citizens while engaging in that activity within that region of
      small numbers of marine mammals of a species or population stock
      if the Secretary, after notice (in the Federal Register and in
      newspapers of general circulation, and through appropriate
      electronic media, in the coastal areas that may be affected by
      such activity) and opportunity for public comment - 
          (I) finds that the total of such taking during each five-year
        (or less) period concerned will have a negligible impact on
        such species or stock and will not have an unmitigable adverse
        impact on the availability of such species or stock for taking
        for subsistence uses pursuant to subsection (b) of this section
        or section 1379(f) of this title or, in the case of a
        cooperative agreement under both this chapter and the Whaling
        Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to
        section 1382(c) of this title; and
          (II) prescribes regulations setting forth - 
            (aa) permissible methods of taking pursuant to such
          activity, and other means of effecting the least practicable
          adverse impact on such species or stock and its habitat,
          paying particular attention to rookeries, mating grounds, and
          areas of similar significance, and on the availability of
          such species or stock for subsistence uses; and
            (bb) requirements pertaining to the monitoring and
          reporting of such taking.

        (ii) For a military readiness activity (as defined in section
      315(f) of Public Law 107-314; 16 U.S.C. 703 note), a
      determination of "least practicable adverse impact on such
      species or stock" under clause (i)(II)(aa) shall include
      consideration of personnel safety, practicality of
      implementation, and impact on the effectiveness of the military
      readiness activity. Before making the required determination, the
      Secretary shall consult with the Department of Defense regarding
      personnel safety, practicality of implementation, and impact on
      the effectiveness of the military readiness activity.
        (iii) Notwithstanding clause (i), for any authorization
      affecting a military readiness activity (as defined in section
      315(f) of Public Law 107-314; 16 U.S.C. 703 note), the Secretary
      shall publish the notice required by such clause only in the
      Federal Register.
        (B) The Secretary shall withdraw, or suspend for a time certain
      (either on an individual or class basis, as appropriate) the
      permission to take marine mammals under subparagraph (A) pursuant
      to a specified activity within a specified geographical region if
      the Secretary finds, after notice and opportunity for public
      comment (as required under subparagraph (A) unless subparagraph
      (C)(i) applies), that - 
          (i) the regulations prescribed under subparagraph (A)
        regarding methods of taking, monitoring, or reporting are not
        being substantially complied with by a person engaging in such
        activity; or
          (ii) the taking allowed under subparagraph (A) pursuant to
        one or more activities within one or more regions is having, or
        may have, more than a negligible impact on the species or stock
        concerned.

        (C)(i) The requirement for notice and opportunity for public
      comment in subparagraph (B) shall not apply in the case of a
      suspension of permission to take if the Secretary determines that
      an emergency exists which poses a significant risk to the well-
      being of the species or stock concerned.
        (ii) Sections 1373 and 1374 of this title shall not apply to
      the taking of marine mammals under the authority of this
      paragraph.
        (D)(i) Upon request therefor by citizens of the United States
      who engage in a specified activity (other than commercial
      fishing) within a specific geographic region, the Secretary shall
      authorize, for periods of not more than 1 year, subject to such
      conditions as the Secretary may specify, the incidental, but not
      intentional, taking by harassment of small numbers of marine
      mammals of a species or population stock by such citizens while
      engaging in that activity within that region if the Secretary
      finds that such harassment during each period concerned - 
          (I) will have a negligible impact on such species or stock,
        and
          (II) will not have an unmitigable adverse impact on the
        availability of such species or stock for taking for
        subsistence uses pursuant to subsection (b) of this section, or
        section 1379(f) of this title or pursuant to a cooperative
        agreement under section 1388 of this title.

        (ii) The authorization for such activity shall prescribe, where
      applicable - 
          (I) permissible methods of taking by harassment pursuant to
        such activity, and other means of effecting the least
        practicable impact on such species or stock and its habitat,
        paying particular attention to rookeries, mating grounds, and
        areas of similar significance, and on the availability of such
        species or stock for taking for subsistence uses pursuant to
        subsection (b) of this section or section 1379(f) of this title
        or pursuant to a cooperative agreement under section 1388 of
        this title,
          (II) the measures that the Secretary determines are necessary
        to ensure no unmitigable adverse impact on the availability of
        the species or stock for taking for subsistence uses pursuant
        to subsection (b) of this section or section 1379(f) of this
        title or pursuant to a cooperative agreement under section 1388
        of this title, and
          (III) requirements pertaining to the monitoring and reporting
        of such taking by harassment, including requirements for the
        independent peer review of proposed monitoring plans or other
        research proposals where the proposed activity may affect the
        availability of a species or stock for taking for subsistence
        uses pursuant to subsection (b) of this section or section
        1379(f) of this title or pursuant to a cooperative agreement
        under section 1388 of this title.

        (iii) The Secretary shall publish a proposed authorization not
      later than 45 days after receiving an application under this
      subparagraph and request public comment through notice in the
      Federal Register, newspapers of general circulation, and
      appropriate electronic media and to all locally affected
      communities for a period of 30 days after publication. Not later
      than 45 days after the close of the public comment period, if the
      Secretary makes the findings set forth in clause (i), the
      Secretary shall issue an authorization with appropriate
      conditions to meet the requirements of clause (ii).
        (iv) The Secretary shall modify, suspend, or revoke an
      authorization if the Secretary finds that the provisions of
      clauses (i) or (ii) are not being met.
        (v) A person conducting an activity for which an authorization
      has been granted under this subparagraph shall not be subject to
      the penalties of this chapter for taking by harassment that
      occurs in compliance with such authorization.
        (vi) For a military readiness activity (as defined in section
      315(f) of Public Law 107-314; 16 U.S.C. 703 note), a
      determination of "least practicable adverse impact on such
      species or stock" under clause (i)(I) shall include consideration
      of personnel safety, practicality of implementation, and impact
      on the effectiveness of the military readiness activity. Before
      making the required determination, the Secretary shall consult
      with the Department of Defense regarding personnel safety,
      practicality of implementation, and impact on the effectiveness
      of the military readiness activity.
        (vii) Notwithstanding clause (iii), for any authorization
      affecting a military readiness activity (as defined in section
      315(f) of Public Law 107-314; 16 U.S.C. 703 note), the Secretary
      shall publish the notice required by such clause only in the
      Federal Register.
        (E)(i) During any period of up to 3 consecutive years, the
      Secretary shall allow the incidental, but not the intentional,
      taking by persons using vessels of the United States or vessels
      which have valid fishing permits issued by the Secretary in
      accordance with section 1824(b) of this title, while engaging in
      commercial fishing operations, of marine mammals from a species
      or stock designated as depleted because of its listing as an
      endangered species or threatened species under the Endangered
      Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary,
      after notice and opportunity for public comment, determines that -
       
          (I) the incidental mortality and serious injury from
        commercial fisheries will have a negligible impact on such
        species or stock;
          (II) a recovery plan has been developed or is being developed
        for such species or stock pursuant to the Endangered Species
        Act of 1973; and
          (III) where required under section 1387 of this title, a
        monitoring program is established under subsection (d) of such
        section, vessels engaged in such fisheries are registered in
        accordance with such section, and a take reduction plan has
        been developed or is being developed for such species or stock.

        (ii) Upon a determination by the Secretary that the
      requirements of clause (i) have been met, the Secretary shall
      publish in the Federal Register a list of those fisheries for
      which such determination was made, and, for vessels required to
      register under section 1387 of this title, shall issue an
      appropriate permit for each authorization granted under such
      section to vessels to which this paragraph applies. Vessels
      engaged in a fishery included in the notice published by the
      Secretary under this clause which are not required to register
      under section 1387 of this title shall not be subject to the
      penalties of this chapter for the incidental taking of marine
      mammals to which this paragraph applies, so long as the owner or
      master of such vessel reports any incidental mortality or injury
      of such marine mammals to the Secretary in accordance with
      section 1387 of this title.
        (iii) If, during the course of the commercial fishing season,
      the Secretary determines that the level of incidental mortality
      or serious injury from commercial fisheries for which a
      determination was made under clause (i) has resulted or is likely
      to result in an impact that is more than negligible on the
      endangered or threatened species or stock, the Secretary shall
      use the emergency authority granted under section 1387 of this
      title to protect such species or stock, and may modify any permit
      granted under this paragraph as necessary.
        (iv) The Secretary may suspend for a time certain or revoke a
      permit granted under this subparagraph only if the Secretary
      determines that the conditions or limitations set forth in such
      permit are not being complied with. The Secretary may amend or
      modify, after notice and opportunity for public comment, the list
      of fisheries published under clause (ii) whenever the Secretary
      determines there has been a significant change in the information
      or conditions used to determine such list.
        (v) Sections 1373 and 1374 of this title shall not apply to the
      taking of marine mammals under the authority of this
      subparagraph.
        (vi) This subparagraph shall not govern the incidental taking
      of California sea otters and shall not be deemed to amend or
      repeal the Act of November 7, 1986 (Public Law 99-625; 100 Stat.
      3500).
        (F) Notwithstanding the provisions of this subsection, any
      authorization affecting a military readiness activity (as defined
      in section 315(f) of Public Law 107-314; 16 U.S.C. 703 note)
      shall not be subject to the following requirements:
          (i) In subparagraph (A), "within a specified geographical
        region" and "within that region of small numbers".
          (ii) In subparagraph (B), "within a specified geographical
        region" and "within one or more regions".
          (iii) In subparagraph (D), "within a specific geographic
        region", "of small numbers", and "within that region".

        (6)(A) A marine mammal product may be imported into the United
      States if the product - 
          (i) was legally possessed and exported by any citizen of the
        United States in conjunction with travel outside the United
        States, provided that the product is imported into the United
        States by the same person upon the termination of travel;
          (ii) was acquired outside of the United States as part of a
        cultural exchange by an Indian, Aleut, or Eskimo residing in
        Alaska; or
          (iii) is owned by a Native inhabitant of Russia, Canada, or
        Greenland and is imported for noncommercial purposes in
        conjunction with travel within the United States or as part of
        a cultural exchange with an Indian, Aleut, or Eskimo residing
        in Alaska.

        (B) For the purposes of this paragraph, the term - 
          (i) "Native inhabitant of Russia, Canada, or Greenland" means
        a person residing in Russia, Canada, or Greenland who is
        related by blood, is a member of the same clan or ethnological
        grouping, or shares a common heritage with an Indian, Aleut, or
        Eskimo residing in Alaska; and
          (ii) "cultural exchange" means the sharing or exchange of
        ideas, information, gifts, clothing, or handicrafts between an
        Indian, Aleut, or Eskimo residing in Alaska and a Native
        inhabitant of Russia, Canada, or Greenland, including rendering
        of raw marine mammal parts as part of such exchange into
        clothing or handicrafts through carving, painting, sewing, or
        decorating.
    (b) Exemptions for Alaskan natives
      Except as provided in section 1379 of this title, the provisions
    of this chapter shall not apply with respect to the taking of any
    marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska
    and who dwells on the coast of the North Pacific Ocean or the
    Arctic Ocean if such taking - 
        (1) is for subsistence purposes; or
        (2) is done for purposes of creating and selling authentic
      native articles of handicrafts and clothing: Provided, That only
      authentic native articles of handicrafts and clothing may be sold
      in interstate commerce: And provided further, That any edible
      portion of marine mammals may be sold in native villages and
      towns in Alaska or for native consumption. For the purposes of
      this subsection, the term "authentic native articles of
      handicrafts and clothing" means items composed wholly or in some
      significant respect of natural materials, and which are produced,
      decorated, or fashioned in the exercise of traditional native
      handicrafts without the use of pantographs, multiple carvers, or
      other mass copying devices. Traditional native handicrafts
      include, but are not limited to weaving, carving, stitching,
      sewing, lacing, beading, drawing and painting; and
        (3) in each case, is not accomplished in a wasteful manner.

    Notwithstanding the preceding provisions of this subsection, when,
    under this chapter, the Secretary determines any species or stock
    of marine mammal subject to taking by Indians, Aleuts, or Eskimos
    to be depleted, he may prescribe regulations upon the taking of
    such marine mammals by any Indian, Aleut, or Eskimo described in
    this subsection. Such regulations may be established with reference
    to species or stocks, geographical description of the area
    included, the season for taking, or any other factors related to
    the reason for establishing such regulations and consistent with
    the purposes of this chapter. Such regulations shall be prescribed
    after notice and hearing required by section 1373 of this title and
    shall be removed as soon as the Secretary determines that the need
    for their imposition has disappeared. In promulgating any
    regulation or making any assessment pursuant to a hearing or
    proceeding under this subsection or section 1386(b)(2) of this
    title, or in making any determination of depletion under this
    subsection or finding regarding unmitigable adverse impacts under
    subsection (a)(5) of this section that affects stocks or persons to
    which this subsection applies, the Secretary shall be responsible
    for demonstrating that such regulation, assessment, determination,
    or finding is supported by substantial evidence on the basis of the
    record as a whole. The preceding sentence shall only be applicable
    in an action brought by one or more Alaska Native organizations
    representing persons to which this subsection applies.
    (c) Taking in defense of self or others
      It shall not be a violation of this chapter to take a marine
    mammal if such taking is imminently necessary in self-defense or to
    save the life of a person in immediate danger, and such taking is
    reported to the Secretary within 48 hours. The Secretary may seize
    and dispose of any carcass.
    (d) Good Samaritan exemption
      It shall not be a violation of this chapter to take a marine
    mammal if - 
        (1) such taking is imminently necessary to avoid serious
      injury, additional injury, or death to a marine mammal entangled
      in fishing gear or debris;
        (2) reasonable care is taken to ensure the safe release of the
      marine mammal, taking into consideration the equipment,
      expertise, and conditions at hand;
        (3) reasonable care is exercised to prevent any further injury
      to the marine mammal; and
        (4) such taking is reported to the Secretary within 48 hours.
    (e) Chapter not to apply to incidental takings by United States
      citizens employed on foreign vessels outside United States EEZ
      The provisions of this chapter shall not apply to a citizen of
    the United States who incidentally takes any marine mammal during
    fishing operations outside the United States exclusive economic
    zone (as defined in section 1802 of this title) when employed on a
    foreign fishing vessel of a harvesting nation which is in
    compliance with the International Dolphin Conservation Program.
    (f) Exemption of actions necessary for national defense
      (1) The Secretary of Defense, after conferring with the Secretary
    of Commerce, the Secretary of the Interior, or both, as
    appropriate, may exempt any action or category of actions
    undertaken by the Department of Defense or its components from
    compliance with any requirement of this chapter, if the Secretary
    determines that it is necessary for national defense.
      (2) An exemption granted under this subsection - 
        (A) subject to subparagraph (B), shall be effective for a
      period specified by the Secretary of Defense; and
        (B) shall not be effective for more than 2 years.

      (3)(A) The Secretary of Defense may issue additional exemptions
    under this subsection for the same action or category of actions,
    after - 
        (i) conferring with the Secretary of Commerce, the Secretary of
      the Interior, or both as appropriate; and
        (ii) making a new determination that the additional exemption
      is necessary for national defense.

      (B) Each additional exemption under this paragraph shall be
    effective for a period specified by the Secretary of Defense, of
    not more than 2 years.
      (4) Not later than 30 days after issuing an exemption under
    paragraph (1) or an additional exemption under paragraph (3), the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the House of Representatives and the Committee on Armed
    Services of the Senate notice describing the exemption and the
    reasons therefor. The notice may be provided in classified form if
    the Secretary of Defense determines that use of the classified form
    is necessary for reasons of national security.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 101, Oct. 21, 1972, 86 Stat. 1029;
    Pub. L. 93-205, Sec. 13(e)(2), Dec. 28, 1973, 87 Stat. 903; Pub. L.
    97-58, Sec. 2, Oct. 9, 1981, 95 Stat. 979; Pub. L. 98-364, title I,
    Sec. 101, July 17, 1984, 98 Stat. 440; Pub. L. 99-659, title IV,
    Sec. 411(a), Nov. 14, 1986, 100 Stat. 3741; Pub. L. 100-711, Secs.
    4(a), 5(c), (e)(1), Nov. 23, 1988, 102 Stat. 4765, 4769, 4771; Pub.
    L. 101-627, title IX, Sec. 901(g), Nov. 28, 1990, 104 Stat. 4467;
    Pub. L. 102-582, title I, Sec. 103, title IV, Sec. 401(b), Nov. 2,
    1992, 106 Stat. 4903, 4909; Pub. L. 103-238, Sec. 4, Apr. 30, 1994,
    108 Stat. 532; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title
    II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L.
    105-18, title II, Sec. 2003, June 12, 1997, 111 Stat. 174; Pub. L.
    105-42, Sec. 4(a)-(c), Aug. 15, 1997, 111 Stat. 1123, 1124; Pub. L.
    108-136, div. A, title III, Sec. 319(b), (c), Nov. 24, 2003, 117
    Stat. 1434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this chapter, referred to in subsec. (a),
    means the effective date of Pub. L. 92-522. See section 4 of Pub.
    L. 92-522, set out as an Effective Date note under section 1361 of
    this title.
      For effective date of section 4 of the International Dolphin
    Conservation Program Act [Pub. L. 105-42], referred to in subsec.
    (a)(2)(B)(i), see section 8 of Pub. L. 105-42 set out as an
    Effective Date of 1997 Amendment note under section 1362 of this
    title.
      The Endangered Species Act of 1973, referred to in subsec.
    (a)(4)(B), (5)(E)(i), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat.
    884, as amended, which is classified principally to chapter 35
    (Sec. 1531 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1531 of this title and Tables.
      The Whaling Convention Act of 1949, referred to in subsec.
    (a)(5)(A)(i)(I), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as
    amended, which is classified generally to subchapter II (Sec. 916
    et seq.) of chapter 14 of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    916 of this title and Tables.
      Act of November 7, 1986, referred to in subsec. (a)(5)(E)(vi), is
    Pub. L. 99-625, Nov. 7, 1986, 100 Stat. 3500, which amended section
    718b of this title and provisions listed in a table of National
    Wildlife Refuges set out under section 668dd of this title and
    enacted provisions set out as a note under section 1536 of this
    title. For complete classification of this Act to the Code, see
    Tables.


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

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

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

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

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

-End-



-CITE-
    16 USC Sec. 1372                                            01/03/2007

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

-HEAD-
    Sec. 1372. Prohibitions

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

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

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

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

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

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

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

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


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

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

-End-



-CITE-
    16 USC Sec. 1373                                            01/03/2007

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

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

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

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

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


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

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

-End-



-CITE-
    16 USC Sec. 1374                                            01/03/2007

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

-HEAD-
    Sec. 1374. Permits

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

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

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

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

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

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

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

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

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

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

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

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

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

      (ii) The Secretary may only require notification under clause (i)
    to include the information required for the inventory established
    under paragraph (10).
      (C) Any progeny of a marine mammal born in captivity before April
    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 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 of title 5, 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 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 of this title and to the requirements of section 1371
    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 of this title, subject to the regulations
    issued pursuant to section 1413 of this title.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 104, Oct. 21, 1972, 86 Stat. 1034;
    Pub. L. 98-364, title I, Sec. 102, July 17, 1984, 98 Stat. 440;
    Pub. L. 100-711, Secs. 4(d), 5(d), Nov. 23, 1988, 102 Stat. 4767,
    4769; Pub. L. 103-238, Sec. 5(b), Apr. 30, 1994, 108 Stat. 537;
    Pub. L. 105-18, title V, Sec. 5004, June 12, 1997, 111 Stat. 187;
    Pub. L. 105-42, Sec. 4(d), Aug. 15, 1997, 111 Stat. 1125; Pub. L.
    105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112 Stat.
    2681-231, 2681-238; Pub. L. 106-31, title V, Sec. 5004(1), May 21,
    1999, 113 Stat. 110; Pub. L. 108-108, title I, Sec. 149, Nov. 10,
    2003, 117 Stat. 1281.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      7 U.S.C. 2131 et seq., referred to in subsec. (c)(2)(A)(ii), is
    the classification for Pub. L. 89-544, Aug. 24, 1966, 80 Stat. 350,
    as amended, known as the Animal Welfare Act, which is classified
    generally to chapter 54 (Sec. 2131 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 2131 of Title 7 and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c)(5)(D). Pub. L. 108-108, which directed the
    substitution of "February 18, 1997" for "April 30, 1994" in
    "Section 104 (16 U.S.C. 1374)" without indicating the act to be
    amended, was executed by amending this section, which is section
    104 of the Marine Mammal Protection Act of 1972, to reflect the
    probable intent of Congress.
      1999 - Subsec. (c)(5)(B). Pub. L. 106-31 made technical
    correction to directory language of Pub. L. 105-277. See 1998
    Amendment note below.
      1998 - Subsec. (c)(5)(B). Pub. L. 105-277, as amended by Pub. L.
    106-31, inserted "until expended" after "Secretary" in second
    sentence.
      1997 - Subsec. (c)(5)(A). Pub. L. 105-18, Sec. 5004(1), struck
    out ", including polar bears taken but not imported prior to April
    30, 1994," after "sport hunts in Canada".
      Subsec. (c)(5)(D). Pub. L. 105-18, Sec. 5004(2), added subpar.
    (D).
      Subsec. (h). Pub. L. 105-42 amended subsec. (h) generally. Prior
    to amendment, subsec. (h) related to general permits, extension of
    general permit to American Tunaboat Association, and monitoring of
    incidental taking of marine mammals.
      1994 - Subsec. (a). Pub. L. 103-238, Sec. 5(b)(1), inserted at
    end "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 1371(a)(5) or 1416 of this
    title, or subsection (h) of this section."
      Subsec. (c)(1). Pub. L. 103-238, Sec. 5(b)(2)(A), struck out "and
    after" after "must be observed pursuant to".
      Subsec. (c)(2). Pub. L. 103-238, Sec. 5(b)(2)(B), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "A
    permit may be issued for public display purposes only to an
    applicant which offers a program for education or conservation
    purposes that, based on professionally recognized standards of the
    public display community, is acceptable to the Secretary and which
    submits with the permit application information indicating that the
    applicant's facilities are open to the public on a regularly
    scheduled basis and that access to the facilities is not limited or
    restricted other than by the charging of an admission fee."
      Subsec. (c)(3). Pub. L. 103-238, Sec. 5(b)(2)(C), amended par.
    (3) generally. Prior to amendment, par. (3) read as follows: "A
    permit may be issued for scientific research purposes only to an
    applicant which submits with its permit application information
    indicating that the taking is required to further a bona fide
    scientific purpose and does not involve unnecessary duplication of
    research. No permit issued for purposes of scientific research
    shall authorize the killing of a marine mammal unless the applicant
    demonstrates that a nonlethal method for carrying out 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 designated as 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."
      Subsec. (c)(5) to (10). Pub. L. 103-238, Sec. 5(b)(2)(D), added
    pars. (5) to (10).
      Subsec. (e)(1)(C). Pub. L. 103-238, Sec. 5(b)(3), added subpar.
    (C).
      1988 - Subsec. (c). Pub. L. 100-711, Sec. 5(d), designated
    existing provisions as par. (1) and substituted "scientific
    research, public display, or enhancing the survival or recovery of
    a species or stock" for "display or scientific research" in two
    places, and added pars. (2) to (4).
      Subsec. (h)(2)(B). Pub. L. 100-711, Sec. 4(d), added cls. (iv) to
    (ix).
      1984 - Subsec. (h). Pub. L. 98-364 designated existing provisions
    as par. (1), and added pars. (2) and (3).

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


-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
    Committee on Merchant Marine and Fisheries of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives in case of provisions relating to
    fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures
    relating to oil and other pollution of navigable waters, or
    oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
         MODIFICATION OF PERMITS EXISTING PRIOR TO APRIL 30, 1994     
      Section 5(c) of Pub. L. 103-238 provided that: "Any permit issued
    under section 104(c)(2) of the Marine Mammal Protection Act of 1972
    (16 U.S.C. 1374(c)(2)) before the date of the enactment of this Act
    [Apr. 30, 1994] is hereby modified to be consistent with that
    section as amended by this Act."

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-



-CITE-
    16 USC Sec. 1375                                            01/03/2007

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

-HEAD-
    Sec. 1375. Penalties

-STATUTE-
      (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 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 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.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 105, Oct. 21, 1972, 86 Stat. 1036;
    Pub. L. 97-58, Sec. 3(b), Oct. 9, 1981, 95 Stat. 982; Pub. L. 103-
    238, Sec. 13(a), (b), Apr. 30, 1994, 108 Stat. 558.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(1). Pub. L. 103-238, Sec. 13(a), inserted ",
    except as provided in section 1387 of this title," after
    "thereunder".
      Subsec. (b). Pub. L. 103-238, Sec. 13(b), inserted "(except as
    provided in section 1387 of this title)" after "thereunder".
      1981 - Subsec. (a). Pub. L. 97-58 designated existing provisions
    as par. (1) and added par. (2).

-End-



-CITE-
    16 USC Sec. 1375a                                           01/03/2007

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

-HEAD-
    Sec. 1375a. Use of fines for protection and recovery of manatees,
      polar bears, sea otters, and walruses

-STATUTE-
      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 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.

-SOURCE-
    (Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999,
    113 Stat. 1535, 1501A-139.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Marine Mammal Protection Act, referred to in text, probably
    means the Marine Mammal Protection Act of 1972, Pub. L. 92-522,
    Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified
    generally to this chapter. For complete classification of this Act
    to the Code, see Short Title note set out under section 1361 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 2000, and not as part of the
    Marine Mammal Protection Act of 1972 which comprises this chapter.

-End-



-CITE-
    16 USC Sec. 1376                                            01/03/2007

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

-HEAD-
    Sec. 1376. Seizure and forfeiture of cargo

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 106, Oct. 21, 1972, 86 Stat. 1036.)

-End-



-CITE-
    16 USC Sec. 1377                                            01/03/2007

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

-HEAD-
    Sec. 1377. Enforcement

-STATUTE-
    (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, other conveyance,
      or container 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(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(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(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(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(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(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) 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(a) of this title.


-SOURCE-
    (Pub. L. 92-522, title I, Sec. 107, Oct. 21, 1972, 86 Stat. 1037;
    1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,
    92 Stat. 3783; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990,
    104 Stat. 5117; Pub. L. 109-479, title IX, Sec. 902(c), Jan. 12,
    2007, 120 Stat. 3665.)


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (d)(2). Pub. L. 109-479 substituted "vessel, other
    conveyance, or container" for "vessel or other conveyance".

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judges" substituted for "United States
    magistrates" in subsec. (c) pursuant to section 321 of Pub. L. 101-
    650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (b) pursuant to Reorg. Plan
    No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred functions vested by statute in Civil
    Service Commission to Director of Office of Personnel Management
    (except as otherwise specified), effective Jan. 1, 1979, as
    provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44
    F.R. 1055, set out under section 1101 of Title 5.

-FOOTNOTE-
    (!1) So in original. Probably should be "within".


-End-



-CITE-
    16 USC Sec. 1378                                            01/03/2007

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

-HEAD-
    Sec. 1378. International program

-STATUTE-
    (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 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(f) of this title.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 108, Oct. 21, 1972, 86 Stat. 1038;
    Pub. L. 100-711, Sec. 4(b), (c), Nov. 23, 1988, 102 Stat. 4766,
    4767; Pub. L. 105-42, Sec. 4(e), Aug. 15, 1997, 111 Stat. 1125.)


-MISC1-
                                AMENDMENTS                            
      1997 - Subsecs. (a)(2)(C), (D). Pub. L. 105-42 added subpars. (C)
    and (D).
      1988 - Subsec. (a)(2). Pub. L. 100-711, Sec. 4(b), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows:
    "initiate 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 of marine
    mammal, for the purpose of entering into bilateral and multilateral
    treaties with such countries to protect marine mammals. The
    Secretary of State shall prepare a draft agenda relating to this
    matter for discussion at appropriate international meetings and
    forums;".
      Subsec. (c). Pub. L. 100-711, Sec. 4(c), added subsec. (c).

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

-End-



-CITE-
    16 USC Sec. 1379                                            01/03/2007

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

-HEAD-
    Sec. 1379. Transfer of management authority

-STATUTE-
    (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 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 of this title
      and as an applicable waiver under section 1371(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(a)(2) or
        (4) of this title), or in the course of other specified
        activities provided for under section 1371(a)(5) of this title,
        in the zone described in section 1362(14)(B) (!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(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(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(2)(A)
      through (E) of title 5, 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 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(a) of this title within
    the zone described in section 1362(14)(B) (!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(14)(B) (!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(a) of this
    title within such zone. The Secretary shall adopt such provisions
    through the issuance of regulations under section 553 of title 5,
    and with respect to such issuance the Regulatory Flexibility Act [5
    U.S.C. 601 et seq.], the Paperwork Reduction Act,(!2) Executive
    Order Numbered 12291, dated February 17, 1981, and the thirty-day
    notice requirement in subsection (d) of such section 553 shall not
    apply. For purposes of sections 1375, 1376, and 1377 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(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 of title 42.
    (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(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(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(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.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 109, Oct. 21, 1972, 86 Stat. 1040;
    Pub. L. 95-316, Sec. 1, July 10, 1978, 92 Stat. 380; Pub. L. 97-58,
    Sec. 4(a), Oct. 9, 1981, 95 Stat. 982; Pub. L. 100-711, Sec. 5(a),
    (e)(3), Nov. 23, 1988, 102 Stat. 4769, 4771; Pub. L. 102-587, title
    III, Sec. 3004(a)(2), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103-
    238, Sec. 24(c)(10), Apr. 30, 1994, 108 Stat. 566.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1362(14) of this title, referred to in subsecs.
    (b)(3)(B)(i) and (d), was redesignated section 1362(15) by Pub. L.
    102-582, title IV, Sec. 401(a), Nov. 2, 1992, 106 Stat. 4909.
      The Regulatory Flexibility Act, referred to in subsec. (d)(2), is
    Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164, which is classified
    generally to chapter 6 (Sec. 601 et seq.) of Title 5, Government
    Organization and Employees. For complete classification of this Act
    to the Code, see Short Title note set out under section 601 of
    Title 5 and Tables.
      The Paperwork Reduction Act, referred to in subsec. (d)(2),
    probably means the Paperwork Reduction Act of 1980, Pub. L. 96-511,
    Dec. 11, 1980, 94 Stat. 2812, as amended, which was classified
    principally to chapter 35 (Sec. 3501 et seq.) of Title 44, Public
    Printing and Documents, prior to the general amendment of that
    chapter by the Paperwork Reduction Act of 1995, Pub. L. 104-13,
    Sec. 2, May 22, 1995, 109 Stat. 163. For complete classification of
    this Act to the Code, see Short Title of 1980 Amendment note set
    out under section 101 of Title 44 and Tables.
      Executive Order Numbered 12291, dated February 17, 1981, referred
    to in subsec. (d)(2), was formerly set out as a note under section
    601 of Title 5, Government Organization and Employees, and was
    revoked by Ex. Ord. No. 12866, Sec. 11, Sept. 30, 1993, 58 F.R.
    51735.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (h)(1). Pub. L. 103-238 made technical amendment
    to reference to subchapter V of this chapter to reflect renumbering
    of corresponding title of original act.
      1992 - Subsec. (h)(1). Pub. L. 102-587 inserted "or subchapter V
    of this chapter" in introductory provisions.
      1988 - Subsec. (b)(1)(E). Pub. L. 100-711, Sec. 5(e)(3)(A),
    substituted "research, public display, or enhancing the survival or
    recovery of a species or stock" for "research and public display
    purposes".
      Subsec. (b)(3)(B)(ii). Pub. L. 100-711, Sec. 5(e)(3)(B),
    substituted "research, public display, or enhancing the survival or
    recovery of a species or stock" for "research or public display
    purposes".
      Subsec. (h). Pub. L. 100-711, Sec. 5(a), amended subsec. (h)
    generally. Prior to amendment, subsec. (h) read as follows:
    "Nothing in this subchapter shall prevent a Federal, State, or
    local government official or employee or a person designated under
    section 1382(c) of this title from taking, in the course of his
    duties as an official, employee, or designee, a marine mammal in a
    humane manner (including euthanasia) if such taking is for - 
        "(1) the protection or welfare of the mammal,
        "(2) the protection of the public health and welfare, or
        "(3) the nonlethal removal of nuisance animals,
    and, in any case in which the return of the mammal to its natural
    habitat is feasible, includes steps designed to achieve that
    result."
      1981 - Subsec. (a). Pub. L. 97-58, Sec. 4(a)(2), added subsec.
    (a). Former subsec. (a), relating to State regulation of the taking
    of marine mammals, was struck out.
      Subsec. (b). Pub. L. 97-58, Sec. 4(a)(2), added subsec. (b).
    Former subsec. (b), relating to the making of grants to States by
    the Secretary, was struck out. See subsec. (j) of this section.
      Subsecs. (c), (d). Pub. L. 97-58, Sec. 4(a)(1), (2), added
    subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (k)
    and (l), respectively.
      Subsecs. (e) to (j). Pub. L. 97-58, Sec. 4(a)(2), added subsecs.
    (e) to (j).
      Subsecs. (k), (l). Pub. L. 97-58, Sec. 4(a)(1), redesignated
    subsecs. (c) and (d) as (k) and (l), respectively.
      1978 - Subsec. (d). Pub. L. 95-316 added subsec. (d).

        ENFORCEMENT BY HAWAII OF LAWS RELATING TO CONSERVATION AND
      MANAGEMENT OF HUMPBACK WHALES WITH RESPECT TO RECREATIONAL AND
                            COMMERCIAL VESSELS
      Pub. L. 108-447, div. B, title II, Sec. 213, Dec. 8, 2004, 118
    Stat. 2884, provided that: "Hereafter, notwithstanding any other
    Federal law related to the conservation and management of marine
    mammals, the State of Hawaii may enforce any State law or
    regulation with respect to the operation in State waters of
    recreational and commercial vessels, for the purpose of
    conservation and management of humpback whales, to the extent that
    such law or regulation is no less restrictive than Federal law."

            COOPERATIVE AGREEMENTS UNDER ENDANGERED SPECIES ACT        
      Section 4(b) of Pub. L. 97-58 provided that: "Nothing in the
    amendments made by subsection (a) [amending this section] shall be
    construed as affecting in any manner, or to any extent, any
    cooperative agreement entered into by a State under section 6(c) of
    the Endangered Species Act of 1973 (16 U.S.C. 1535(c)) before, on,
    or after the date of the enactment of this Act [Oct. 9, 1981]."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 1380                                            01/03/2007

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

-HEAD-
    Sec. 1380. Marine mammal research grants

-STATUTE-
    (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(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(f) and 1404 of this title.(!1)


-SOURCE-
    (Pub. L. 92-522, title I, Sec. 110, Oct. 21, 1972, 86 Stat. 1041;
    Pub. L. 95-136, Sec. 1, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 95-
    316, Sec. 2, July 10, 1978, 92 Stat. 380; Pub. L. 97-58, Sec. 5,
    Oct. 9, 1981, 95 Stat. 986; Pub. L. 100-711, Sec. 4(e), Nov. 23,
    1988, 102 Stat. 4768; Pub. L. 103-238, Sec. 20, Apr. 30, 1994, 108
    Stat. 560; Pub. L. 105-42, Sec. 4(f), Aug. 15, 1997, 111 Stat.
    1125.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Provisions of section 1373(f) of this title requiring annual
    reports to Congress, referred to in subsec. (d)(3), terminated,
    effective May 15, 2000. See Termination of Reporting Requirements
    note set out under section 1373 of this title.
      Section 1404 of this title, referred to in subsec. (d)(3), was
    omitted from the Code.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a). Pub. L. 105-42 struck out "(1)" before "The
    Secretary is authorized" and struck out par. (2) which read as
    follows: "For purposes of identifying appropriate research into
    promising new methods of locating and catching yellowfin tuna
    without the incidental taking of marine mammals, the Secretary
    shall contract for an independent review of information pertaining
    to such potential alternative methods to be conducted by the
    National Academy of Sciences with individuals having scientific,
    technical, or other expertise that may be relevant to the
    identification of promising alternative fishing techniques. The
    Secretary shall request that the independent review be submitted to
    the Secretary on or before September 8, 1989, and the Secretary
    shall submit the report of the independent review, together with a
    proposed plan for research, development, and implementation of
    alternative fishing techniques, to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Merchant Marine and Fisheries of the House of Representatives on or
    before December 5, 1989."
      1994 - Subsecs. (c), (d). Pub. L. 103-238 added subsecs. (c) and
    (d) and struck out former subsec. (c) which authorized
    appropriations to be made available to the Secretary of Commerce
    and the Secretary of the Interior for purposes of carrying out this
    section for fiscal year ending June 30, 1973, to fiscal year ending
    Sept. 30, 1981.
      1988 - Subsec. (a). Pub. L. 100-711 designated existing
    provisions as par. (1) and added par. (2).
      1981 - Subsec. (a). Pub. L. 97-58 directed the Secretary to
    undertake a program of research into new methods of locating and
    catching yellowfin tuna without the incidental taking of marine
    mammals and directed that the Secretary include a description of
    the annual results of that research in the report required under
    section 1373(f) of this title.
      1978 - Subsec. (c)(4) to (6). Pub. L. 95-316 added pars. (4) to
    (6).
      1977 - Subsec. (c). Pub. L. 95-136 incorporated existing
    provisions into text preceding par. (1) and, as so incorporated,
    struck out provisions authorizing to be appropriated such sums as
    may be necessary to carry out this section for the fiscal year in
    which this section takes effect and the next four years thereafter,
    limiting appropriations for any one year to $2,500,000, and
    requiring that one-third of such sums be made available to the
    Secretary of the Interior and two-thirds of such sums be made
    available to the Secretary of the department in which the National
    Oceanic and Atmospheric Administration is operating, and added
    pars. (1) to (3).

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


-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
    treatment of references to Committee on Merchant Marine and
    Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
    preceding section 21 of Title 2, The Congress.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 1381                                            01/03/2007

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

-HEAD-
    Sec. 1381. Commercial fisheries gear development

-STATUTE-
    (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(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 of title 5. 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.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 111, Oct. 21, 1972, 86 Stat. 1041.)

-End-



-CITE-
    16 USC Sec. 1382                                            01/03/2007

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

-HEAD-
    Sec. 1382. Regulations and administration

-STATUTE-
    (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(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 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.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 112, Oct. 21, 1972, 86 Stat. 1042;
    Pub. L. 96-470, title II, Sec. 201(e), Oct. 19, 1980, 94 Stat.
    2241; Pub. L. 102-587, title III, Sec. 3004(a)(3), Nov. 4, 1992,
    106 Stat. 5067; Pub. L. 103-238, Secs. 7(a), 24(c)(11), Apr. 30,
    1994, 108 Stat. 542, 566.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-238, Sec. 24(c)(11), made
    technical amendment to reference to subchapter V of this chapter to
    reflect renumbering of corresponding title of original act.
      Subsec. (e). Pub. L. 103-238, Sec. 7(a), added subsec. (e).
      1992 - Subsec. (c). Pub. L. 102-587 inserted "or subchapter V of
    this chapter" after "of this subchapter".
      1980 - Subsec. (d). Pub. L. 96-470 substituted "include in the
    annual report to the public and the Congress required under section
    1373(f) of this title" for "forthwith submit to Congress".

-End-



-CITE-
    16 USC Sec. 1383                                            01/03/2007

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

-HEAD-
    Sec. 1383. Application to other treaties and conventions

-STATUTE-
    (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 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.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 113, Oct. 21, 1972, 86 Stat. 1042;
    Pub. L. 103-238, Sec. 7(b), Apr. 30, 1994, 108 Stat. 542.)

-COD-
                               CODIFICATION                           
      A prior subsec. (b) of section 113 of Pub. L. 92-522 amended
    section 659 of this title.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-238, Sec. 7(b)(1), directed the
    amendment of this section by "designating the existing paragraph"
    as subsec. (a), notwithstanding the existing first par. of this
    section was already designated (a).
      Subsecs. (b) to (d). Pub. L. 103-238, Sec. 7(b)(2), added
    subsecs. (b) to (d). See Codification note above.


-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
    Committee on Merchant Marine and Fisheries of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives in case of provisions relating to
    fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures
    relating to oil and other pollution of navigable waters, or
    oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
    16 USC Sec. 1383a                                           01/03/2007

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

-HEAD-
    Sec. 1383a. Interim exemption for commercial fisheries

-STATUTE-
    (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 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, 1373, and 1374 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(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(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(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) 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 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(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(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(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(8) (!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(11a) of title 46 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(27) (!2) of this title.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 114, as added Pub. L. 100-711, Sec.
    2(a)(2), Nov. 23, 1988, 102 Stat. 4755; amended Pub. L. 103-86,
    Sept. 30, 1993, 107 Stat. 930; Pub. L. 103-228, Mar. 31, 1994, 108
    Stat. 281; Pub. L. 103-238, Sec. 15(a), Apr. 30, 1994, 108 Stat.
    559; Pub. L. 104-43, title IV, Sec. 404(a)(1), Nov. 3, 1995, 109
    Stat. 390; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II,
    Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1802 of this title, referred to in subsec. (o)(1), (4),
    was subsequently amended, and section 1802(8) and (27) no longer
    defines the terms "fishery" and "vessel of the United States".
    However, such terms are defined elsewhere in that section.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (a)(1), (b)(2)(B)(ii), (o)(1), (4). Pub. L. 104-
    208 made technical amendment to references in original act which
    appear in text as references to sections 1802(8), (27) and 1824(b)
    of this title.
      1995 - Pub. L. 104-43 amended directory language of Pub. L. 103-
    238. See 1994 Amendment note below.
      1994 - Subsec. (a)(1). Pub. L. 103-238, as amended by Pub. L. 104-
    43, substituted "until superseded by regulations prescribed under
    section 1387 of this title, or until September 1, 1995, whichever
    is earlier," for "ending May 1, 1994."
      Pub. L. 103-228 substituted "May 1, 1994." for "April 1, 1994,".
      1993 - Subsec. (a)(1). Pub. L. 103-86 substituted "April 1, 1994"
    for "October 1, 1993".

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

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Section 404(a)(2) of Pub. L. 104-43 provided that: "The amendment
    made by paragraph (1) [amending this section] shall be effective on
    and after April 30, 1994."


-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
    Committee on Merchant Marine and Fisheries of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives in case of provisions relating to
    fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures
    relating to oil and other pollution of navigable waters, or
    oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

    (!2) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 1383b                                           01/03/2007

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

-HEAD-
    Sec. 1383b. Status review; conservation plans

-STATUTE-
    (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 of title 5, 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 (!1) 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(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(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(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 of this title for such
    species or stock.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 115, as added Pub. L. 100-711, Sec.
    3(a), Nov. 23, 1988, 102 Stat. 4763; amended Pub. L. 103-238, Sec.
    8, Apr. 30, 1994, 108 Stat. 543.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(4). Pub. L. 103-238 added par. (4).

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    16 USC Sec. 1384                                            01/03/2007

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

-HEAD-
    Sec. 1384. Authorization of appropriations

-STATUTE-
    (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
    and 1387 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 and 1387 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.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 116, formerly Sec. 114, Oct. 21,
    1972, 86 Stat. 1043; Pub. L. 95-136, Sec. 2, Oct. 18, 1977, 91
    Stat. 1167; Pub. L. 95-316, Sec. 3, July 10, 1978, 92 Stat. 380;
    renumbered Sec. 116, Pub. L. 100-711, Sec. 2(a)(1), Nov. 23, 1988,
    102 Stat. 4755; Pub. L. 103-238, Sec. 9(a), Apr. 30, 1994, 108
    Stat. 543.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    Pub. L. 97-58, Sec. 7(a), (b), Oct. 9, 1981, 95 Stat. 987; Pub. L.
    98-364, title I, Sec. 104(1), (2), July 17, 1984, 98 Stat. 442;
    Pub. L. 100-711, Sec. 6(1), (2), Nov. 23, 1988, 102 Stat. 4771,
    prior to repeal by Pub. L. 103-238, Sec. 9(c), Apr. 30, 1994, 108
    Stat. 543.

                                AMENDMENTS                            
      1994 - Pub. L. 103-238 amended section generally. Prior to
    amendment, section read as follows:
      "(a) There are authorized to be appropriated not to exceed
    $2,000,000 for the fiscal year ending June 30, 1973, and the four
    next following fiscal years, not to exceed $11,500,000 for the
    fiscal year ending September 30, 1978, not to exceed $8,500,000 for
    the fiscal year ending September 30, 1979, not to exceed $9,000,000
    for the fiscal year ending September 30, 1980, and not to exceed
    $9,500,000 for the fiscal year ending September 30, 1981, to enable
    the department in which the National Oceanic and Atmospheric
    Administration is operating to carry out such functions and
    responsibilities as it may have been given under this subchapter
    (other than sections 1379 and 1380 of this title).
      "(b) There are authorized to be appropriated not to exceed
    $700,000 for the fiscal year ending June 30, 1973, not to exceed
    $525,000 for each of the next four fiscal years thereafter, not to
    exceed $850,000 for the fiscal year ending September 30, 1978, not
    to exceed $650,000 for the fiscal year ending September 30, 1979,
    not to exceed $760,000 for the fiscal year ending September 30,
    1980, and not to exceed $876,000 for the fiscal year ending
    September 30, 1981 to enable the Department of the Interior to
    carry out such functions and responsibilities as it may have been
    given under this subchapter (other than sections 1379 and 1380 of
    this title)."
      1978 - Subsec. (a). Pub. L. 95-316, Sec. 3(1), added reference to
    sections 1379 and 1380 of this title and provisions authorizing
    appropriations for the fiscal years ending Sept. 30, 1979, Sept.
    30, 1980, and Sept. 30, 1981.
      Subsec. (b). Pub. L. 95-316, Sec. 3(2), added reference to
    sections 1379 and 1380 of this title and provisions authorizing
    appropriations for the fiscal years Sept. 30, 1979, Sept. 30, 1980,
    and Sept. 30, 1981.
      1977 - Subsec. (a). Pub. L. 95-136, Sec. 2(1), inserted ", and
    not to exceed $11,500,000 for the fiscal year ending September 30,
    1978," after "fiscal years".
      Subsec. (b). Pub. L. 95-136, Sec. 2(2), inserted ", and not to
    exceed $850,000 for the fiscal year ending September 30, 1978"
    after "thereafter".

-End-



-CITE-
    16 USC Sec. 1385                                            01/03/2007

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

-HEAD-
    Sec. 1385. Dolphin protection

-STATUTE-
    (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 U.S.C. 1822
      note);
        (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 of title 15 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)

      (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 of title 15 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 of title 15 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,(!1)
    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)


    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(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(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.

-SOURCE-
    (Pub. L. 101-627, title IX, Sec. 901, Nov. 28, 1990, 104 Stat.
    4465; Pub. L. 105-42, Sec. 5, Aug. 15, 1997, 111 Stat. 1125.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Marine Mammal Protection
    Act of 1972 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (d). Pub. L. 105-42, Sec. 5(a), amended heading
    and text of subsec. (d) generally. Prior to amendment, text read as
    follows:
      "(1) It is a violation of section 45 of title 15 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 was harvested using a method
    of fishing that is not harmful to dolphins if the product contains -
     
        "(A) tuna harvested on the high seas by a vessel engaged in
      driftnet fishing; or
        "(B) tuna harvested in the eastern tropical Pacific Ocean by a
      vessel using purse seine nets which do not meet the requirements
      for being considered dolphin safe under paragraph (2).
      "(2) For purposes of paragraph (1)(B), a tuna product that
    contains tuna harvested in the eastern tropical Pacific Ocean by a
    fishing vessel using purse seine nets is dolphin safe if - 
        "(A) the vessel is of a type and size that the Secretary has
      determined is not capable of deploying its purse seine nets on or
      to encircle dolphin; or
        "(B)(i) the product is accompanied by a written statement
      executed by the captain of the vessel which harvested the tuna
      certifying 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 dolphin;
        "(ii) the product is accompanied by a written statement
      executed by - 
          "(I) the Secretary or the Secretary's designee, or
          "(II) a representative of the Inter-American Tropical Tuna
        Commission,
      which states that there was an approved observer on board the
      vessel during the entire trip and that purse seine nets were not
      intentionally deployed during the trip on or to encircle dolphin;
      and
        "(iii) the statements referred to in clauses (i) and (ii) are
      endorsed in writing by each exporter, importer, and processor of
      the product."
      Subsec. (f). Pub. L. 105-42, Sec. 5(b), amended heading and text
    of subsec. (f) generally. Prior to amendment, text read as follows:
    "The Secretary, in consultation with the Secretary of the Treasury,
    shall issue regulations to implement this section not later than 6
    months after November 28, 1990, including regulations establishing
    procedures and requirements for ensuring that tuna products are
    labeled in accordance with subsection (d) of this section."
      Subsec. (g). Pub. L. 105-42, Sec. 5(c), added subsec. (g) and
    struck out former subsec. (g), which had amended section 1371 of
    this title.
      Subsecs. (h), (i). Pub. L. 105-42, Sec. 5(c), added subsec. (h)
    and struck out former subsecs. (h) and (i) which read as follows:
      "(h) Negotiations. - The Secretary of State shall immediately
    seek, through negotiations and discussions with appropriate foreign
    governments, to reduce and, as soon as possible, eliminate the
    practice of harvesting tuna through the use of purse seine nets
    intentionally deployed to encircle dolphins.
      "(i) Effective Date. - Subsections (d) and (e) of this section
    shall take effect 6 months after November 28, 1990."

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Commerce of House of Representatives changed to
    Committee on Energy and Commerce of House of Representatives, and
    jurisdiction over matters relating to securities and exchanges and
    insurance generally transferred to Committee on Financial Services
    of House of Representatives by House Resolution No. 5, One Hundred
    Seventh Congress, Jan. 3, 2001.


-MISC2-
                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      For effective date of amendment by Pub. L. 105-42, see section 8
    of Pub. L. 105-42, set out as a note under section 1362 of this
    title.

-FOOTNOTE-               

    (!1) So in original. Probably should be "this section".

               

    (!2) So in original. Probably should be "this subsection".


-End-



-CITE-
    16 USC Sec. 1386                                            01/03/2007

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

-HEAD-
    Sec. 1386. Stock assessments

-STATUTE-
    (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(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(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(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(b) of this title.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 117, as added Pub. L. 103-238, Sec.
    10, Apr. 30, 1994, 108 Stat. 543.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec.
    (d)(2), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    16 USC Sec. 1387                                            01/03/2007

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

-HEAD-
    Sec. 1387. Taking of marine mammals incidental to commercial
      fishing operations

-STATUTE-
    (a) In general
      (1) Effective on April 30, 1994, and except as provided in
    section 1383a 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(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 U.S.C. 1531 et seq.),
    both this section and section 1371(a)(5)(E) of this title shall
    apply.
      (3) Sections (!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).
      (5) Except as provided in section 1371(c) of this title, the
    intentional lethal take of any marine mammal in the course of
    commercial fishing operations is prohibited.
      (6) Sections 1373 and 1374 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(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(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 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 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 and 1377 of this title, and may be subject to section 1376 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
      U.S.C. 1531 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 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(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 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(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
    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 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(b)(3) of this title by
    April 1, 1995, due to a proceeding under section 1386(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(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(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(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 U.S.C. 1531 et
    seq.) shall be consistent with any recovery plan developed for such
    species or stock under section 4 of such Act [16 U.S.C. 1533].
    (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 U.S.C.
        1531 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 and 1377 of this title, and may be subject to section
    1376 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(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 of this title.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 118, as added Pub. L. 103-238, Sec.
    11, Apr. 30, 1994, 108 Stat. 546; amended Pub. L. 104-208, div. A,
    title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110
    Stat. 3009, 3009-41.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Endangered Species Act of 1973, referred to in subsecs.
    (a)(2), (d)(4)(A), (f)(11), and (g)(1)(C)(iii), is Pub. L. 93-205,
    Dec. 28, 1973, 87 Stat. 884, as amended, which is classified
    principally to chapter 35 (Sec. 1531 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1531 of this title and Tables.
      Act of November 7, 1986, referred to in subsec. (a)(4), is Pub.
    L. 99-625, Nov. 7, 1986, 100 Stat. 3500, which amended section 718b
    of this title and provisions set out as a table of National
    Wildlife Refuges under section 668dd of this title and enacted
    provisions set out as a note under section 1536 of this title. For
    complete classification of this Act to the Code, see Tables.
      The Federal Advisory Committee Act, referred to in subsec.
    (f)(6)(D), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as
    amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (a)(1), (c)(2)(B)(ii), (l). Pub. L. 104-208 made
    technical amendment to references in original act which appear in
    text as references to sections 1802 and 1824(b) of this title.

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


-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
    Committee on Merchant Marine and Fisheries of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives in case of provisions relating to
    fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures
    relating to oil and other pollution of navigable waters, or
    oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-
    (!1) So in original. Probably should be "Section".


-End-



-CITE-
    16 USC Sec. 1388                                            01/03/2007

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

-HEAD-
    Sec. 1388. Marine mammal cooperative agreements in Alaska

-STATUTE-
    (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 of this title.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 119, as added Pub. L. 103-238, Sec.
    19, Apr. 30, 1994, 108 Stat. 559.)

-End-



-CITE-
    16 USC Sec. 1389                                            01/03/2007

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

-HEAD-
    Sec. 1389. Pacific Coast Task Force; Gulf of Maine

-STATUTE-
    (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 U.S.C. 1531
      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 U.S.C. 1531 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 U.S.C. 1531 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(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 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 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(f)(5)(A) of this title, but in no case may such modification
    extend the date of compliance beyond April 1, 1997.

-SOURCE-
    (Pub. L. 92-522, title I, Sec. 120, as added Pub. L. 103-238, Sec.
    23, Apr. 30, 1994, 108 Stat. 562.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Endangered Species Act of 1973, referred to in subsecs.
    (b)(1)(A), (B), (e)(1), and (f)(1)(A), is Pub. L. 93-205, Dec. 28,
    1973, 87 Stat. 884, as amended, which is classified principally to
    chapter 35 (Sec. 1531 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1531 of this title and Tables.
      The Federal Advisory Committee Act, referred to in subsec.
    (i)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.


-TRANS-
       ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES   
      Committee on Merchant Marine and Fisheries of House of
    Representatives abolished and its jurisdiction transferred by House
    Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
    Committee on Merchant Marine and Fisheries of House of
    Representatives treated as referring to Committee on Resources of
    House of Representatives in case of provisions relating to
    fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures
    relating to oil and other pollution of navigable waters, or
    oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-


-CITE-
    16 USC SUBCHAPTER III - MARINE MAMMAL COMMISSION            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
                 SUBCHAPTER III - MARINE MAMMAL COMMISSION             

-End-



-CITE-
    16 USC Sec. 1401                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
    Sec. 1401. Establishment

-STATUTE-
    (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 of title 5, 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 of title 5 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 of title 5. The Executive Director shall have such duties as
    the Chairman may assign.

-SOURCE-
    (Pub. L. 92-522, title II, Sec. 201, Oct. 21, 1972, 86 Stat. 1043;
    Pub. L. 97-389, title II, Sec. 202, Dec. 29, 1982, 96 Stat. 1951;
    Pub. L. 98-364, title I, Sec. 103(a), July 17, 1984, 98 Stat. 441.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (e), are classified to
    section 3301 et seq. of Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b)(1). Pub. L. 98-364 substituted "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" for "The President shall make his
    selection from a list, submitted to him by 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, 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".
      1982 - Subsec. (b)(1). Pub. L. 97-389 inserted requirement that,
    effective Sept. 1, 1982, the three members of the Commission be
    appointed by and with the advice and consent of the Senate.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    16 USC Sec. 1402                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
    Sec. 1402. Duties of Commission

-STATUTE-
    (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 U.S.C. 916 et
      seq.], the Interim Convention on the Conservation of North
      Pacific Fur Seals, and the Fur Seal Act of 1966 [16 U.S.C. 1151
      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(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 (!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 of title 5.
    (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.

-SOURCE-
    (Pub. L. 92-522, title II, Sec. 202, Oct. 21, 1972, 86 Stat. 1044;
    Pub. L. 93-205, Sec. 13(e)(4), Dec. 28, 1973, 87 Stat. 903; Pub. L.
    97-58, Sec. 6(1), Oct. 9, 1981, 95 Stat. 987; Pub. L. 100-711, Sec.
    5(e)(4), Nov. 23, 1988, 102 Stat. 4771.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Whaling Convention Act of 1949, referred to in subsec.
    (a)(1), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as amended,
    which is classified generally to subchapter II (Sec. 916 et seq.)
    of chapter 14 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 916 of
    this title and Tables.
      The Fur Seal Act of 1966, referred to in subsec. (a)(1), is Pub.
    L. 89-702, Nov. 2, 1966, 80 Stat. 1091, as amended, which is
    classified generally to chapter 24 (Sec. 1151 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1151 of this title and
    Tables.
      Section 1404 of this title, referred to in subsec. (b), was
    omitted from the Code.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a)(2). Pub. L. 100-711 inserted ", public
    display, or enhancing the survival or recovery of a species or
    stock" after "scientific research".
      1981 - Subsec. (b). Pub. L. 97-58 substituted "provide each
    annual report required under section 1404 of this title, before
    submission to Congress, to the Secretary for comment" for "furnish
    its reports and recommendations to him, before publication, for his
    comment".
      1973 - Subsec. (a)(6). Pub. L. 93-205 substituted "such revisions
    of the endangered species list and threatened species list
    published pursuant to section 1533(c)(1) of this title" for "of the
    Interior such revisions of the Endangered Species List, authorized
    by the Endangered Species Conservation Act of 1969,".

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

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 1403                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
    Sec. 1403. Committee of Scientific Advisors on Marine Mammals

-STATUTE-
    (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 of title 5, 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 of title 5 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.

-SOURCE-
    (Pub. L. 92-522, title II, Sec. 203, Oct. 21, 1972, 86 Stat. 1044.)


-MISC1-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided for by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    16 USC Sec. 1404                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
    Sec. 1404. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 92-522, title II, Sec. 204, Oct. 21, 1972, 86
    Stat. 1045, which required the Marine Mammal Commission to transmit
    to Congress, by January 31 of each year, a report including a
    description of the Commission's activities and accomplishments
    during the preceding year and all findings and recommendations made
    by and to the Commission pursuant to section 1402 of this title
    together with responses made to those recommendations, terminated,
    effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance. See, also, page 176 of House Document No. 103-7.

-End-



-CITE-
    16 USC Sec. 1405                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
    Sec. 1405. Coordination with other Federal agencies

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 92-522, title II, Sec. 205, Oct. 21, 1972, 86 Stat. 1045.)

-End-



-CITE-
    16 USC Sec. 1406                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
    Sec. 1406. Administration

-STATUTE-
      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 of title
      5 (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.

-SOURCE-
    (Pub. L. 92-522, title II, Sec. 206, Oct. 21, 1972, 86 Stat. 1045;
    Pub. L. 97-58, Sec. 6(2), Oct. 9, 1981, 95 Stat. 987; Pub. L. 98-
    364, title I, Sec. 103(b), July 17, 1984, 98 Stat. 442.)


-MISC1-
                                AMENDMENTS                            
      1984 - Par. (5). Pub. L. 98-364 inserted "; except that no fewer
    than 11 employees must be employed under paragraph (1) at any time"
    at end.
      1981 - Par. (3). Pub. L. 97-58 substituted "contracts or
    agreements with, or provide such grants to, other organizations"
    for "contracts or agreements with other organizations".

-End-



-CITE-
    16 USC Sec. 1407                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-
    Sec. 1407. Authorization of appropriations

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 92-522, title II, Sec. 207, Oct. 21, 1972, 86 Stat. 1046;
    Pub. L. 95-136, Sec. 3, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 95-
    316, Sec. 4, July 10, 1978, 92 Stat. 381; Pub. L. 103-238, Sec.
    9(b), Apr. 30, 1994, 108 Stat. 543.)


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    Pub. L. 97-58, Sec. 7(c), Oct. 9, 1981, 95 Stat. 987; Pub. L. 98-
    364, title I, Sec. 104(3), July 17, 1984, 98 Stat. 442; Pub. L.
    100-711, Sec. 6(3), Nov. 23, 1988, 102 Stat. 4771, prior to repeal
    by Pub. L. 103-238, Sec. 9(c).

                                AMENDMENTS                            
      1994 - Pub. L. 103-238 amended section generally. Prior to
    amendment, section read as follows: "There are authorized to be
    appropriated for the fiscal year in which this subchapter is
    enacted and for the next five fiscal years thereafter such sums as
    may be necessary to carry out this subchapter, but the sums
    appropriated for any fiscal year other than the fiscal year ending
    September 30, 1978, shall not exceed $1,000,000, the sum
    appropriated for the fiscal year ending September 30, 1978, shall
    not exceed $2,000,000, the sum appropriated for the fiscal year
    ending September 30, 1979, shall not exceed $1,000,000, the sum
    appropriated for the fiscal year ending September 30, 1980, shall
    not exceed $1,000,000, and the sum appropriated for the fiscal year
    ending September 30, 1981, shall not exceed $1,000,000."
      1978 - Pub. L. 95-316 added provisions authorizing appropriations
    for the fiscal years ending Sept. 30, 1979, Sept. 30, 1980, and
    Sept. 30, 1981.
      1977 - Pub. L. 95-136 substituted "five fiscal years" for "four
    fiscal years" and "the sums appropriated for any fiscal year other
    than the fiscal year ending September 30, 1978, shall not exceed
    $1,000,000, and the sum appropriated for the fiscal year ending
    September 30, 1978, shall not exceed $2,000,000" for "the sums
    appropriated for any such year shall not exceed $1,000,000" and
    struck out requirement that not less than two-thirds of the sums
    appropriated pursuant to this section for any such year be expended
    on research and studies under authority of section 1402(a)(2) and
    (3) of this title.

-End-


-CITE-
    16 USC SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION
           PROGRAM                                         01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
        SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM    

-End-



-CITE-
    16 USC Sec. 1411                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1411. Findings and policy

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) The yellowfin tuna fishery of the eastern tropical Pacific
      Ocean has resulted in the deaths of millions of dolphins.
        (2) Significant awareness and increased concern for the health
      and safety of dolphin populations has encouraged a change in
      fishing methods worldwide.
        (3) United States tuna fishing vessels have led the world in
      the development of fishing methods to reduce dolphin mortalities
      in the eastern tropical Pacific Ocean and United States tuna
      processing companies have voluntarily promoted the marketing of
      tuna that is dolphin safe.
        (4) Nations harvesting yellowfin tuna in the eastern tropical
      Pacific Ocean have demonstrated their willingness to participate
      in appropriate multilateral agreements to reduce dolphin
      mortality progressively to a level approaching zero through the
      setting of annual limits, with the goal of eliminating dolphin
      mortality in that fishery. Recognition of the International
      Dolphin Conservation Program will assure that the existing trend
      of reduced dolphin mortality continues; that individual stocks of
      dolphins are adequately protected; and that the goal of
      eliminating all dolphin mortality continues to be a priority.
    (b) Policy
      It is the policy of the United States to - 
        (1) eliminate the marine mammal mortality resulting from the
      intentional encirclement of dolphins and other marine mammals in
      tuna purse seine fisheries;
        (2) support the International Dolphin Conservation Program and
      efforts within the Program to reduce, with the goal of
      eliminating, the mortality referred to in paragraph (1);
        (3) ensure that the market of the United States does not act as
      an incentive to the harvest of tuna caught with driftnets or
      caught by purse seine vessels in the eastern tropical Pacific
      Ocean not operating in compliance with the International Dolphin
      Conservation Program;
        (4) secure appropriate multilateral agreements to ensure that
      United States tuna fishing vessels shall have continued access to
      productive tuna fishing grounds in the South Pacific Ocean and
      elsewhere; and
        (5) encourage observer coverage on purse seine vessels fishing
      for tuna outside of the eastern tropical Pacific Ocean in a
      fishery in which the Secretary has determined that a regular and
      significant association occurs between marine mammals and tuna,
      and in which tuna is harvested through the use of purse seine
      nets deployed on or to encircle marine mammals.

-SOURCE-
    (Pub. L. 92-522, title III, Sec. 301, as added Pub. L. 102-523,
    Sec. 2(a), Oct. 26, 1992, 106 Stat. 3425; amended Pub. L. 105-42,
    Sec. 6(b), Aug. 15, 1997, 111 Stat. 1129.)

-COD-
                               CODIFICATION                           
      Another section 301 of Pub. L. 92-522 was renumbered section 401
    and is classified to section 1421 of this title.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a)(4). Pub. L. 105-42, Sec. 6(b)(1), added par.
    (4) and struck out former par. (4) which read as follows: "Nations
    harvesting yellowfin tuna in the eastern tropical Pacific Ocean
    have indicated their willingness to participate in appropriate
    multilateral agreements to reduce, and eventually eliminate,
    dolphin mortality in that fishery."
      Subsec. (b)(2), (3). Pub. L. 105-42, Sec. 6(b)(2), added pars.
    (2) and (3) and struck out former pars. (2) and (3) which read as
    follows:
      "(2) secure appropriate multilateral agreements to reduce, and
    eventually eliminate, the mortality referred to in paragraph (1);
      "(3) ensure that the market of the United States does not act as
    an incentive to the harvest of tuna caught in association with
    dolphins or with driftnets;".

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

-End-



-CITE-
    16 USC Sec. 1412                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1412. International Dolphin Conservation Program

-STATUTE-
      The Secretary of State, in consultation with the Secretary, shall
    seek to secure a binding international agreement to establish an
    International Dolphin Conservation Program that requires - 
        (1) that the total annual dolphin mortality in the purse seine
      fishery for yellowfin tuna in the eastern tropical Pacific Ocean
      shall not exceed 5,000 animals with a commitment and objective to
      progressively reduce dolphin mortality to a level approaching
      zero through the setting of annual limits;
        (2) the establishment of a per-stock per-year dolphin mortality
      limit, to be in effect through calendar year 2000, at a level
      between 0.2 percent and 0.1 percent of the minimum population
      estimate, as calculated, revised, or approved by the Secretary;
        (3) the establishment of a per-stock per-year dolphin mortality
      limit, beginning with the calendar year 2001, at a level less
      than or equal to 0.1 percent of the minimum population estimate
      as calculated, revised, or approved by the Secretary;
        (4) that if a dolphin mortality limit is exceeded under - 
          (A) paragraph (1), all sets on dolphins shall cease for the
        applicable fishing year; and
          (B) paragraph (2) or (3), all sets on the stocks covered
        under paragraph (2) or (3) and any mixed schools that contain
        any of those stocks shall cease for the applicable fishing
        year;

        (5) a scientific review and assessment to be conducted in
      calendar year 1998 to - 
          (A) assess progress in meeting the objectives set for
        calendar year 2000 under paragraph (2); and
          (B) as appropriate, consider recommendations for meeting
        these objectives;

        (6) a scientific review and assessment to be conducted in
      calendar year 2000 - 
          (A) to review the stocks covered under paragraph (3); and
          (B) as appropriate to consider recommendations to further the
        objectives set under that paragraph;

        (7) the establishment of a per vessel maximum annual dolphin
      mortality limit consistent with the established per-year
      mortality limits, as determined under paragraphs (1) through (3);
      and
        (8) the provision of a system of incentives to vessel captains
      to continue to reduce dolphin mortality, with the goal of
      eliminating dolphin mortality.

-SOURCE-
    (Pub. L. 92-522, title III, Sec. 302, as added Pub. L. 105-42, Sec.
    6(c), Aug. 15, 1997, 111 Stat. 1130.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1412, Pub. L. 92-522, title III, Sec. 302, as
    added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3426,
    related to international agreements to establish global moratorium
    to prohibit certain tuna harvesting practices prior to repeal by
    Pub. L. 105-42, Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.
      A prior section 302 of Pub. L. 92-522 was renumbered section 402
    and is classified to section 1421a of this title.

                              EFFECTIVE DATE                          
      For effective date of section, see section 8 of Pub. L. 105-42,
    set out as an Effective Date of 1997 Amendment note under section
    1362 of this title.

-End-



-CITE-
    16 USC Sec. 1413                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1413. Regulatory authority of Secretary

-STATUTE-
    (a) Regulations
      (1) The Secretary shall issue regulations, and revise those
    regulations as may be appropriate, to implement the International
    Dolphin Conservation Program.
      (2)(A) The Secretary shall issue regulations to authorize and
    govern the taking of marine mammals in the eastern tropical Pacific
    Ocean, including any species of marine mammal designated as
    depleted under this chapter but not listed as endangered or
    threatened under the Endangered Species Act (16 U.S.C. 1531 et
    seq.), by vessels of the United States participating in the
    International Dolphin Conservation Program.
      (B) Regulations issued under this section shall include
    provisions - 
        (i) requiring observers on each vessel;
        (ii) requiring use of the backdown procedure or other
      procedures equally or more effective in avoiding mortality of, or
      serious injury to, marine mammals in fishing operations;
        (iii) prohibiting intentional sets on stocks and schools in
      accordance with the International Dolphin Conservation Program;
        (iv) requiring the use of special equipment, including dolphin
      safety panels in nets, monitoring devices as identified by the
      International Dolphin Conservation Program to detect unsafe
      fishing conditions that may cause high incidental dolphin
      mortality before nets are deployed by a tuna vessel, operable
      rafts, speedboats with towing bridles, floodlights in operable
      condition, and diving masks and snorkels;
        (v) ensuring that the backdown procedure during sets of purse
      seine net on marine mammals is completed and rolling of the net
      to sack up has begun no later than 30 minutes before sundown;
        (vi) banning the use of explosive devices in all purse seine
      operations;
        (vii) establishing per vessel maximum annual dolphin mortality
      limits, total dolphin mortality limits and per-stock per-year
      mortality limits in accordance with the International Dolphin
      Conservation Program;
        (viii) preventing the making of intentional sets on dolphins
      after reaching either the vessel maximum annual dolphin mortality
      limits, total dolphin mortality limits, or per-stock per-year
      mortality limits;
        (ix) preventing the fishing on dolphins by a vessel without an
      assigned vessel dolphin mortality limit;
        (x) allowing for the authorization and conduct of experimental
      fishing operations, under such terms and conditions as the
      Secretary may prescribe, for the purpose of testing proposed
      improvements in fishing techniques and equipment that may reduce
      or eliminate dolphin mortality or serious injury do not require
      the encirclement of dolphins in the course of commercial
      yellowfin tuna fishing;
        (xi) authorizing fishing within the area covered by the
      International Dolphin Conservation Program by vessels of the
      United States without the use of special equipment or nets if the
      vessel takes an observer and does not intentionally deploy nets
      on, or encircle, dolphins, under such terms and conditions as the
      Secretary may prescribe; and
        (xii) containing such other restrictions and requirements as
      the Secretary determines are necessary to implement the
      International Dolphin Conservation Program with respect to
      vessels of the United States.

      (C) Adjustments to requirements. - The Secretary may make such
    adjustments as may be appropriate to requirements of subparagraph
    (B) that pertain to fishing gear, vessel equipment, and fishing
    practices to the extent the adjustments are consistent with the
    International Dolphin Conservation Program.
    (b) Consultation
      In developing any regulation under this section, the Secretary
    shall consult with the Secretary of State, the Marine Mammal
    Commission, and the United States Commissioners to the Inter-
    American Tropical Tuna Commission appointed under section 952 of
    this title.
    (c) Emergency regulations
      (1) If the Secretary determines, on the basis of the best
    scientific information available (including research conducted
    under section 1414a of this title and information obtained under
    the International Dolphin Conservation Program) that the incidental
    mortality and serious injury of marine mammals authorized under
    this subchapter is having, or is likely to have, a significant
    adverse impact on a marine mammal stock or species, the Secretary
    shall - 
        (A) notify the Inter-American Tropical Tuna Commission of his
      or her determination, along with recommendations to the
      Commission as to actions necessary to reduce incidental mortality
      and serious injury and mitigate such adverse impact; and
        (B) prescribe emergency regulations to reduce incidental
      mortality and serious injury and mitigate such adverse impact.

      (2) Before taking action under subparagraph (A) or (B) of
    paragraph (1), the Secretary shall consult with the Secretary of
    State, the Marine Mammal Commission, and the United States
    Commissioners to the Inter-American Tropical Tuna Commission.
      (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 the duration of the applicable
      fishing year; 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 the emergency
      action no longer exist.

      (4) If the Secretary finds that the incidental mortality and
    serious injury of marine mammals in the yellowfin tuna fishery in
    the eastern tropical Pacific Ocean is continuing to have a
    significant adverse impact on a stock or species, the Secretary may
    extend the emergency regulations for such additional periods as may
    be necessary.
      (5) Within 120 days after the Secretary notifies the United
    States Commissioners to the Inter-American Tropical Tuna Commission
    of the Secretary's determination under paragraph (1)(A), the United
    States Commissioners shall call for a special meeting of the
    Commission to address the actions necessary to reduce incidental
    mortality and serious injury and mitigate the adverse impact which
    resulted in the determination. The Commissioners shall report the
    results of the special meeting in writing to the Secretary and to
    the Secretary of State. In their report, the Commissioners shall - 
        (A) include a description of the actions taken by the
      harvesting nations or under the International Dolphin
      Conservation Program to reduce the incidental mortality and
      serious injury and measures to mitigate the adverse impact on the
      marine mammal species or stock;
        (B) indicate whether, in their judgment, the actions taken
      address the problem adequately; and
        (C) if they indicate that the actions taken do not address the
      problem adequately, include recommendations of such additional
      action to be taken as may be necessary.

-SOURCE-
    (Pub. L. 92-522, title III, Sec. 303, as added Pub. L. 105-42, Sec.
    6(c), Aug. 15, 1997, 111 Stat. 1131.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Endangered Species Act, referred to in subsec. (a)(2)(A),
    probably means the Endangered Species Act of 1973, Pub. L. 93-205,
    Dec. 28, 1973, 87 Stat. 884, as amended, which is classified
    generally to chapter 35 (Sec. 1531 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1531 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1413, Pub. L. 92-522, title III, Sec. 303, as
    added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3426,
    related to research programs prior to repeal by Pub. L. 105-42,
    Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.
      A prior section 303 of Pub. L. 92-522 was renumbered section 403
    and is classified to section 1421b of this title.

                              EFFECTIVE DATE                          
      For effective date of section, see section 8 of Pub. L. 105-42,
    set out as an Effective Date of 1997 Amendment note under section
    1362 of this title.

-End-



-CITE-
    16 USC Sec. 1414                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1414. Repealed.

-MISC1-
    Sec. 1414. Repealed. Pub. L. 105-42, Sec. 6(c), Aug. 15, 1997, 111
      Stat. 1130.
      Section, Pub. L. 92-522, title III, Sec. 304, as added Pub. L.
    102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3428, related to
    reviews, reports, and recommendations by Secretary of Commerce.
      A prior section 304 of Pub. L. 92-522 was renumbered section 404
    and is classified to section 1421c of this title.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date of repeal, see section 8 of Pub. L. 105-42,
    set out as an Effective Date of 1997 Amendment note under section
    1362 of this title.

-End-



-CITE-
    16 USC Sec. 1414a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1414a. Research

-STATUTE-
    (a) Required research
      (1) In general
        The Secretary shall, in consultation with the Marine Mammal
      Commission and the Inter-American Tropical Tuna Commission,
      conduct a study of the effect of intentional encirclement
      (including chase) on dolphins and dolphin stocks incidentally
      taken in the course of purse seine fishing for yellowfin tuna in
      the eastern tropical Pacific Ocean. The study, which shall
      commence on October 1, 1997, shall consist of abundance surveys
      as described in paragraph (2) and stress studies as described in
      paragraph (3), and shall address the question of whether such
      encirclement is having a significant adverse impact on any
      depleted dolphin stock in the eastern tropical Pacific Ocean.
      (2) Population abundance surveys
        The abundance surveys under this subsection shall survey the
      abundance of such depleted stocks and shall be conducted during
      each of the calendar years 1998, 1999, and 2000.
      (3) Stress studies
        The stress studies under this subsection shall include - 
          (A) a review of relevant stress-related research and a 3-year
        series of necropsy samples from dolphins obtained by commercial
        vessels;
          (B) a 1-year review of relevant historical demographic and
        biological data related to dolphins and dolphin stocks referred
        to in paragraph (1); and
          (C) an experiment involving the repeated chasing and
        capturing of dolphins by means of intentional encirclement.
      (4) Report
        No later than 90 days after publishing the finding under
      subsection (g)(2) of section 1385 of this title, the Secretary
      shall complete and submit a report containing the results of the
      research described in this subsection to the United States Senate
      Committee on Commerce, Science, and Transportation and the United
      States House of Representatives Committees on Resources and on
      Commerce, and to the Inter-American Tropical Tuna Commission.
    (b) Other research
      (1) In general
        In addition to conducting the research described in subsection
      (a) of this section, the Secretary shall, in consultation with
      the Marine Mammal Commission and in cooperation with the nations
      participating in the International Dolphin Conservation Program
      and the Inter-American Tropical Tuna Commission, undertake or
      support appropriate scientific research to further the goals of
      the International Dolphin Conservation Program.
      (2) Specific areas of research
        Research carried out under paragraph (1) may include - 
          (A) projects to devise cost-effective fishing methods and
        gear so as to reduce, with the goal of eliminating, the
        incidental mortality and serious injury of marine mammals in
        connection with commercial purse seine fishing in the eastern
        tropical Pacific Ocean;
          (B) projects to develop cost-effective methods of fishing for
        mature yellowfin tuna without setting nets on dolphins or other
        marine mammals;
          (C) projects to carry out stock assessments for those marine
        mammal species and marine mammal stocks taken in the purse
        seine fishery for yellowfin tuna in the eastern tropical
        Pacific Ocean, including species or stocks not within waters
        under the jurisdiction of the United States; and
          (D) projects to determine the extent to which the incidental
        take of nontarget species, including juvenile tuna, occurs in
        the course of purse seine fishing for yellowfin tuna in the
        eastern tropical Pacific Ocean, the geographic location of the
        incidental take, and the impact of that incidental take on tuna
        stocks and nontarget species.
    (c) Authorization of appropriations
      (1) There are authorized to be appropriated to the Secretary the
    following amounts, to be used by the Secretary to carry out the
    research described in subsection (a) of this section:
        (A) $4,000,000 for fiscal year 1998.
        (B) $3,000,000 for fiscal year 1999.
        (C) $4,000,000 for fiscal year 2000.
        (D) $1,000,000 for fiscal year 2001.

      (2) In addition to the amount authorized to be appropriated under
    paragraph (1), there are authorized to be appropriated to the
    Secretary for carrying out this section $3,000,000 for each of the
    fiscal years 1998, 1999, 2000, and 2001.

-SOURCE-
    (Pub. L. 92-522, title III, Sec. 304, as added Pub. L. 105-42, Sec.
    6(c), Aug. 15, 1997, 111 Stat. 1133.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 304 of Pub. L. 92-522 was classified to section
    1414 of this title prior to repeal by Pub. L. 105-42.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Commerce of House of Representatives changed to
    Committee on Energy and Commerce of House of Representatives, and
    jurisdiction over matters relating to securities and exchanges and
    insurance generally transferred to Committee on Financial Services
    of House of Representatives by House Resolution No. 5, One Hundred
    Seventh Congress, Jan. 3, 2001.

-End-



-CITE-
    16 USC Sec. 1415                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1415. Reports by Secretary

-STATUTE-
      Notwithstanding section 1373(f) of this title, the Secretary
    shall submit annual reports to the Congress which include - 
        (1) results of research conducted pursuant to section 1414a of
      this title;
        (2) a description of the status and trends of stocks of tuna;
        (3) a description of the efforts to assess, avoid, reduce, and
      minimize the bycatch of juvenile yellowfin tuna and bycatch of
      nontarget species;
        (4) a description of the activities of the International
      Dolphin Conservation Program and of the efforts of the United
      States in support of the Program's goals and objectives,
      including the protection of dolphin stocks in the eastern
      tropical Pacific Ocean, and an assessment of the effectiveness of
      the Program;
        (5) actions taken by the Secretary under section 1371(a)(2)(B)
      of this title and section 1371(d) of this title;
        (6) copies of any relevant resolutions and decisions of the
      Inter-American Tropical Tuna Commission, and any regulations
      promulgated by the Secretary under this subchapter; and
        (7) any other information deemed relevant by the Secretary.

-SOURCE-
    (Pub. L. 92-522, title III, Sec. 305, as added Pub. L. 105-42, Sec.
    6(c), Aug. 15, 1997, 111 Stat. 1134.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1415, Pub. L. 92-522, title III, Sec. 305, as
    added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3428,
    related to international commitments, prior to repeal by Pub. L.
    105-42, Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.
      A prior section 305 of Pub. L. 92-522 was renumbered section 405
    and is classified to section 1421d of this title.

                              EFFECTIVE DATE                          
      For effective date of section, see section 8 of Pub. L. 105-42,
    set out as an Effective Date of 1997 Amendment note under section
    1362 of this title.

-End-



-CITE-
    16 USC Sec. 1416                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1416. Permits

-STATUTE-
    (a) In general
      (1) Consistent with the regulations issued pursuant to section
    1413 of this title, the Secretary shall issue a permit to a vessel
    of the United States authorizing participation in the International
    Dolphin Conservation Program and may require a permit for the
    person actually in charge of and controlling the fishing operation
    of the vessel. The Secretary shall prescribe such procedures as are
    necessary to carry out this subsection, including requiring the
    submission of - 
        (A) the name and official number or other identification of
      each fishing vessel for which a permit is sought, together with
      the name and address of the owner thereof; and
        (B) the tonnage, hold capacity, speed, processing equipment,
      and type and quantity of gear, including an inventory of special
      equipment required under section 1413 of this title, with respect
      to each vessel.

      (2) The Secretary is authorized to charge a fee for granting an
    authorization and issuing a permit under this section. The level of
    fees charged under this paragraph may not exceed the administrative
    cost incurred in granting an authorization and issuing a permit.
    Fees collected under this paragraph shall be available to the Under
    Secretary of Commerce for Oceans and Atmosphere for expenses
    incurred in granting authorizations and issuing permits under this
    section.
      (3) After the effective date of the International Dolphin
    Conservation Program Act, no vessel of the United States shall
    operate in the yellowfin tuna fishery in the eastern tropical
    Pacific Ocean without a valid permit issued under this section.
    (b) Permit sanctions
      (1) In any case in which - 
        (A) a vessel for which a permit has been issued under this
      section has been used in the commission of an act prohibited
      under section 1417 of this title;
        (B) the owner or operator of any such vessel or any other
      person who has applied for or been issued a permit under this
      section has acted in violation of section 1417 of this title; or
        (C) any civil penalty or criminal fine imposed on a vessel,
      owner or operator of a vessel, or other person who has applied
      for or been issued a permit under this section has not been paid
      or is overdue,

    the Secretary may - 
        (i) revoke any permit with respect to such vessel, with or
      without prejudice to the issuance of subsequent permits;
        (ii) suspend such permit for a period of time considered by the
      Secretary to be appropriate;
        (iii) deny such permit; or
        (iv) impose additional conditions or restrictions on any permit
      issued to, or applied for by, any such vessel or person under
      this section.

      (2) In imposing a sanction under this subsection, the Secretary
    shall take into account - 
        (A) the nature, circumstances, extent, and gravity of the
      prohibited acts for which the sanction is imposed; and
        (B) with respect to the violator, the degree of culpability,
      any history of prior offenses, and other such matters as justice
      requires.

      (3) Transfer of ownership of a vessel, by sale or otherwise,
    shall not extinguish any permit sanction that is in effect or is
    pending at the time of transfer of ownership. Before executing the
    transfer of ownership of a vessel, by sale or otherwise, the owner
    shall disclose in writing to the prospective transferee the
    existence of any permit sanction that will be in effect or pending
    with respect to the vessel at the time of transfer.
      (4) In the case of any permit that is suspended for the failure
    to pay a civil penalty or criminal fine, the Secretary shall
    reinstate the permit upon payment of the penalty or fine and
    interest thereon at the prevailing rate.
      (5) No sanctions shall be imposed under this section unless there
    has been a prior opportunity for a hearing on the facts underlying
    the violation for which the sanction is imposed, either in
    conjunction with a civil penalty proceeding under this subchapter
    or otherwise.

-SOURCE-
    (Pub. L. 92-522, title III, Sec. 306, as added Pub. L. 105-42, Sec.
    6(c), Aug. 15, 1997, 111 Stat. 1135.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For effective date of the International Dolphin Conservation
    Program Act [Pub. L. 105-42], referred to in subsec. (a)(3), see
    section 8 of Pub. L. 105-42, set out as an Effective Date of 1997
    Amendment note under section 1362 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1416, Pub. L. 92-522, title III, Sec. 306, as
    added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3430,
    related to permits for taking dolphins, prior to repeal by Pub. L.
    105-42, Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.
      A prior section 306 of Pub. L. 92-522 was renumbered section 406
    and is classified to section 1421e of this title.

                              EFFECTIVE DATE                          
      For effective date of section, see section 8 of Pub. L. 105-42,
    set out as an Effective Date of 1997 Amendment note under section
    1362 of this title.

-End-



-CITE-
    16 USC Sec. 1417                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1417. Prohibitions

-STATUTE-
    (a) In general
      It is unlawful - 
        (1) for any person to sell, purchase, offer for sale,
      transport, or ship, in the United States, any tuna or tuna
      product unless the tuna or tuna product is either dolphin safe or
      has been harvested in compliance with the International Dolphin
      Conservation Program by a country that is 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;
        (2) except as provided for in subsection 1371(d) of this title,
      for any person or vessel subject to the jurisdiction of the
      United States intentionally to set a purse seine net on or to
      encircle any marine mammal in the course of tuna fishing
      operations in the eastern tropical Pacific Ocean except in
      accordance with this subchapter and regulations issued pursuant
      to this subchapter; and
        (3) for any person to import any yellowfin tuna or yellowfin
      tuna product or any other fish or fish product in violation of a
      ban on importation imposed under section 1371(a)(2) of this
      title;
        (4) for any person to violate any regulation promulgated under
      this subchapter;
        (5) for any person to refuse to permit any duly authorized
      officer to board a vessel subject to that person's control for
      purposes of conducting any search or inspection in connection
      with the enforcement of this subchapter; and
        (6) for any person to assault, resist, oppose, impede,
      intimidate, or interfere with any such authorized officer in the
      conduct of any search or inspection described in paragraph (5).
    (b) Penalties
      (1) Civil penalty
        A person that knowingly and willfully violates subsection
      (a)(1), (2), (3), (4), or (5) of this section shall be subject to
      a civil penalty under section 1375(a) of this title.
      (2) Criminal penalty
        A person that knowingly and willfully violates subsection
      (a)(5) or (a)(6) of this section shall be subject to a criminal
      penalty under section 1375(b) of this title.
    (c) Civil forfeitures
      Any vessel (including its fishing gear, appurtenances, stores,
    and cargo) used, and any fish (or its fair market value) taken or
    retained, in any manner, in connection with or as a result of the
    commission of any act prohibited by this section shall be subject
    to forfeiture to the United States in the manner provided in
    section 1860 of this title.

-SOURCE-
    (Pub. L. 92-522, title III, Sec. 307, as added Pub. L. 102-523,
    Sec. 2(a), Oct. 26, 1992, 106 Stat. 3431; amended Pub. L. 104-208,
    div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
    1996, 110 Stat. 3009, 3009-41; Pub. L. 105-42, Sec. 6(d), Aug. 15,
    1997, 111 Stat. 1136.)

-COD-
                               CODIFICATION                           
      Another section 307 of Pub. L. 92-522 was renumbered section 407
    and is classified to section 1421f of this title.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a)(1) to (3). Pub. L. 105-42, Sec. 6(d)(1), added
    pars. (1) to (3) and struck out former pars. (1) to (3) which read
    as follows:
      "(1) for any person, after June 1, 1994, to sell, purchase, offer
    for sale, transport, or ship, in the United States, any tuna or
    tuna product that is not dolphin safe;
      "(2) for any person or vessel that is subject to the jurisdiction
    of the United States, intentionally to set a purse seine net on or
    to encircle any marine mammal during any tuna fishing operation
    after February 28, 1994, except - 
        "(A) as necessary for scientific research approved by the Inter-
      American Tropical Tuna Commission;
        "(B) in accordance with a recommendation that is approved under
      section 1412(c)(2) of this title; or
        "(C) as authorized by the general permit issued to the American
      Tunaboat Association on December 1, 1980 (including any
      additional restrictions applicable under section 1416(a) of this
      title), notwithstanding any agreement under section 1412 of this
      title with a country that is not a major purse seine tuna fishing
      country (as that term is defined in section 1416(c) of this
      title);

      "(3) for any person to import any yellowfin tuna or yellowfin
    tuna product or any other fish or fish product in violation of a
    ban on importation imposed under section 1415(b)(1) or (2) of this
    title;".
      Subsec. (b)(2). Pub. L. 105-42, Sec. 6(d)(2), inserted "(a)(5)
    or" before "(a)(6)".
      Subsec. (d). Pub. L. 105-42, Sec. 6(d)(3), struck out heading and
    text of subsec. (d). Text read as follows: "For purposes of this
    section, tuna or a tuna product is dolphin safe if - 
        "(1) it does not contain tuna that was harvested on the high
      seas by a vessel engaged in driftnet fishing, as that term is
      defined in section 4003 of the Driftnet Impact, Monitoring,
      Assessment, and Control Act of 1987;
        "(2) in the case of tuna or a tuna product that contains tuna
      harvested in the eastern tropical Pacific Ocean, it is dolphin
      safe under subsection (d)(2) of section 1385 of this title;
        "(3) in the case of tuna or a tuna product that contains tuna
      harvested outside the eastern tropical Pacific Ocean by a purse
      seine vessel, it is accompanied by a written statement executed
      by the captain of the vessel certifying that no purse seine net
      was intentionally deployed on or to encircle dolphins during the
      particular voyage on which the tuna was harvested; and
        "(4) in the case of tuna or a product that contains tuna
      harvested outside the eastern tropical Pacific Ocean by a purse
      seine vessel in a fishery in which the Secretary has determined
      that a regular and significant association occurs between marine
      mammals and tuna, and in which tuna is harvested through the use
      of purse seine nets deployed on or to encircle marine mammals, it
      is accompanied by a written statement executed by the captain of
      the vessel and by an observer, certifying that no purse seine net
      was intentionally deployed on or to encircle marine mammals
      during the particular voyage on which the tuna was harvested."
      1996 - Subsec. (c). Pub. L. 104-208 made technical amendment to
    reference in original act which appears in text as reference to
    section 1860 of this title.

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

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

-End-



-CITE-
    16 USC Sec. 1418                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-
    Sec. 1418. Repealed.

-MISC1-
    Sec. 1418. Repealed. Pub. L. 105-42, Sec. 6(e), Aug. 15, 1997, 111
      Stat. 1137.
      Section, Pub. L. 92-522, title III, Sec. 308, as added Pub. L.
    102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3432, related to
    authorization of appropriations.
      Another section 308 of Pub. L. 92-522 was renumbered section 409,
    and is classified to section 1421g of this title.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date of repeal, see section 8 of Pub. L. 105-42,
    set out as an Effective Date of 1997 Amendment note under section
    1362 of this title.

-End-


-CITE-
    16 USC SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING
           RESPONSE                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
        SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE    

-End-



-CITE-
    16 USC Sec. 1421                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421. Establishment of Program

-STATUTE-
    (a) Establishment
      The Secretary shall, in consultation with the Secretary of the
    Interior, the Marine Mammal Commission, and individuals with
    knowledge and experience in marine science, marine mammal science,
    marine mammal veterinary and husbandry practices, and marine
    conservation, including stranding network participants, establish a
    program to be known as the "Marine Mammal Health and Stranding
    Response Program".
    (b) Purposes
      The purposes of the Program shall be to - 
        (1) facilitate the collection and dissemination of reference
      data on the health of marine mammals and health trends of marine
      mammal populations in the wild;
        (2) correlate the health of marine mammals and marine mammal
      populations, in the wild, with available data on physical,
      chemical, and biological environmental parameters; and
        (3) coordinate effective responses to unusual mortality events
      by establishing a process in the Department of Commerce in
      accordance with section 1421c of this title.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 401, formerly title III, Sec. 301,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5060; renumbered title IV, Sec. 401, and amended Pub. L.
    103-238, Sec. 24(b), (c)(1), Apr. 30, 1994, 108 Stat. 565, 566.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(3). Pub. L. 103-238, Sec. 24(c)(1), made
    technical amendment to reference to section 1421c of this title to
    reflect renumbering of corresponding section of original act.

                                 FINDINGS                             
      Section 3002 of Pub. L. 102-587 provided that: "The Congress
    finds the following:
        "(1) Current stranding network participants have performed an
      undeniably valuable and ceaseless job of responding to marine
      mammal strandings over the last 15 years.
        "(2) Insufficient understanding of the connection between
      marine mammal health and the physical, chemical, and biological
      parameters of their environment prevents an adequate
      understanding of the causes of marine mammal unusual mortality
      events.
        "(3) An accurate assessment of marine mammal health, health
      trends in marine mammal populations in the wild, and causes of
      marine mammal unusual mortality events cannot be made without
      adequate reference data on marine mammals and the environment in
      which they live.
        "(4) A systematic assessment of the sources, presence, levels,
      and effects of potentially harmful contaminants on marine mammals
      would provide a better understanding of some of the causes of
      marine mammal unusual mortality events and may serve as an
      indicator of the general health of our coastal and marine
      environments.
        "(5) Responses to marine mammal unusual mortality events are
      often uncoordinated, due to the lack of sufficient contingency
      planning.
        "(6) Standardized methods for the reporting of dying, dead, or
      otherwise incapacitated marine mammals in the wild would greatly
      assist in the determination of the causes of marine mammal
      unusual mortality events and enhance general knowledge of marine
      mammal species.
        "(7) A formal system for collection, preparation, and archiving
      of, and providing access to, marine mammal tissues will enhance
      efforts to investigate the health of marine mammals and health
      trends of marine mammal populations, and to develop reference
      data.
        "(8) Information on marine mammals, including results of
      analyses of marine mammal tissues, should be broadly available to
      the scientific community, including stranding network
      participants, through a marine mammal data base."

-End-



-CITE-
    16 USC Sec. 1421a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421a. Determination; data collection and dissemination

-STATUTE-
    (a) Determination for release
      The Secretary shall, in consultation with the Secretary of the
    Interior, the Marine Mammal Commission, and individuals with
    knowledge and experience in marine science, marine mammal science,
    marine mammal veterinary and husbandry practices, and marine
    conservation, including stranding network participants, develop
    objective criteria, after an opportunity for public review and
    comment, to provide guidance for determining at what point a
    rehabilitated marine mammal is releasable to the wild.
    (b) Collection
      The Secretary shall, in consultation with the Secretary of the
    Interior, collect and update, periodically, existing information on
    - 
        (1) procedures and practices for - 
          (A) rescuing and rehabilitating stranded marine mammals,
        including criteria used by stranding network participants, on a
        species-by-species basis, for determining at what point a
        marine mammal undergoing rescue and rehabilitation is
        returnable to the wild; and
          (B) collecting, preserving, labeling, and transporting marine
        mammal tissues for physical, chemical, and biological analyses;

        (2) appropriate scientific literature on marine mammal health,
      disease, and rehabilitation;
        (3) strandings, which the Secretary shall compile and analyze,
      by region, to monitor species, numbers, conditions, and causes of
      illnesses and deaths of stranded marine mammals; and
        (4) other life history and reference level data, including
      marine mammal tissue analyses, that would allow comparison of the
      causes of illness and deaths in stranded marine mammals with
      physical, chemical, and biological environmental parameters.
    (c) Availability
      The Secretary shall make information collected under this section
    available to stranding network participants and other qualified
    scientists.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 402, formerly title III, Sec. 302,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5061; renumbered title IV, Sec. 402, Pub. L. 103-238,
    Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)


-MISC1-
                              IMPLEMENTATION                          
      Section 3003(b) of Pub. L. 102-587 provided that: "The Secretary
    of Commerce shall - 
        "(1) in accordance with section 302(a) and (b) [now 402(a),
      (b)] of the Marine Mammal Protection Act of 1972 [16 U.S.C.
      1421a(a), (b)], as amended by this Act, and not later than 24
      months after the date of enactment of this Act [Nov. 4, 1992] - 
          "(A) develop and implement objective criteria to determine at
        what point a marine mammal undergoing rehabilitation is
        returnable to the wild; and
          "(B) collect and make available information on marine mammal
        health and health trends; and
        "(2) in accordance with section 304(b) [now 404(b)] of the
      Marine Mammal Protection Act of 1972 [16 U.S.C. 1421c(b)], as
      amended by this Act, issue a detailed contingency plan for
      responding to any unusual mortality event - 
          "(A) in proposed form by not later than 18 months after the
        date of enactment of this Act; and
          "(B) in final form by not later than 24 months after the date
        of enactment of this Act."

-End-



-CITE-
    16 USC Sec. 1421b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421b. Stranding response agreements

-STATUTE-
    (a) In general
      The Secretary may enter into an agreement under section 1382(c)
    of this title with any person to take marine mammals under section
    1379(h)(1) of this title in response to a stranding.
    (b) Required provision
      An agreement authorized by subsection (a) of this section shall -
    
        (1) specify each person who is authorized to perform activities
      under the agreement; and
        (2) specify any terms and conditions under which a person so
      specified may delegate that authority to another person.
    (c) Review
      The Secretary shall periodically review agreements under section
    1382(c) of this title that are entered into pursuant to this
    subchapter, for performance adequacy and effectiveness.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 403, formerly title III, Sec. 303,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5061; renumbered title IV, Sec. 403, Pub. L. 103-238,
    Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)

-End-



-CITE-
    16 USC Sec. 1421c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421c. Unusual mortality event response

-STATUTE-
    (a) Response
      (1) Working group
        (A) The Secretary, acting through the Office, shall establish,
      in consultation with the Secretary of the Interior, a marine
      mammal unusual mortality event working group, consisting of
      individuals with knowledge and experience in marine science,
      marine mammal science, marine mammal veterinary and husbandry
      practices, marine conservation, and medical science, to provide
      guidance to the Secretary and the Secretary of the Interior for -
      
          (i) determining whether an unusual mortality event is
        occurring;
          (ii) determining, after an unusual mortality event has begun,
        if response actions with respect to that event are no longer
        necessary; and
          (iii) developing the contingency plan in accordance with
        subsection (b) of this section, to assist the Secretary in
        responding to unusual mortality events.

        (B) The Federal Advisory Committee Act (5 App. U.S.C.) shall
      not apply to the marine mammal unusual mortality event working
      group established under this paragraph.
      (2) Response timing
        The Secretary, in consultation with the Secretary of the
      Interior, shall to the extent necessary and practicable - 
          (A) within 24 hours after receiving notification from a
        stranding network participant that an unusual mortality event
        might be occurring, contact as many members as is possible of
        the unusual mortality event working group for guidance; and
          (B) within 48 hours after receiving such notification - 
            (i) make a determination as to whether an unusual mortality
          event is occurring;
            (ii) inform the stranding network participant of that
          determination; and
            (iii) if the Secretary has determined an unusual mortality
          event is occurring, designate an Onsite Coordinator for the
          event, in accordance with subsection (c) of this section.
    (b) Contingency plan
      (1) In general
        The Secretary shall, in consultation with the Secretary of the
      Interior and the unusual mortality event working group, and after
      an opportunity for public review and comment, issue a detailed
      contingency plan for responding to any unusual mortality event.
      (2) Contents
        The contingency plan required under this subsection shall
      include - 
          (A) a list of persons, including stranding network
        participants, at a regional, State, and local level, who can
        assist the Secretary in implementing a coordinated and
        effective response to an unusual mortality event;
          (B) the types of marine mammal tissues and analyses necessary
        to assist in diagnosing causes of unusual mortality events;
          (C) training, mobilization, and utilization procedures for
        available personnel, facilities, and other resources necessary
        to conduct a rapid and effective response to unusual mortality
        events; and
          (D) such requirements as are necessary to - 
            (i) minimize death of marine mammals in the wild and
          provide appropriate care of marine mammals during an unusual
          mortality event;
            (ii) assist in identifying the cause or causes of an
          unusual mortality event;
            (iii) determine the effects of an unusual mortality event
          on the size estimates of the affected populations of marine
          mammals; and
            (iv) identify any roles played in an unusual mortality
          event by physical, chemical, and biological factors,
          including contaminants.
    (c) Onsite coordinators
      (1) Designation
        (A) The Secretary shall, in consultation with the Secretary of
      the Interior, designate one or more Onsite Coordinators for an
      unusual mortality event, who shall make immediate recommendations
      to the stranding network participants on how to proceed with
      response activities.
        (B) An Onsite Coordinator so designated shall be one or more
      appropriate Regional Directors of the National Marine Fisheries
      Service or the United States Fish and Wildlife Service, or their
      designees.
        (C) If, because of the wide geographic distribution, multiple
      species of marine mammals involved, or magnitude of an unusual
      mortality event, more than one Onsite Coordinator is designated,
      the Secretary shall, in consultation with the Secretary of the
      Interior, designate which of the Onsite Coordinators shall have
      primary responsibility with respect to the event.
      (2) Functions
        (A) An Onsite Coordinator designated under this subsection
      shall coordinate and direct the activities of all persons
      responding to an unusual mortality event in accordance with the
      contingency plan issued under subsection (b) of this section,
      except that - 
          (i) with respect to any matter that is not covered by the
        contingency plan, an Onsite Coordinator shall use his or her
        best professional judgment; and
          (ii) the contingency plan may be temporarily modified by an
        Onsite Coordinator, consulting as expeditiously as possible
        with the Secretary, the Secretary of the Interior, and the
        unusual mortality event working group.

        (B) An Onsite Coordinator may delegate to any qualified person
      authority to act as an Onsite Coordinator under this subchapter.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 404, formerly title III, Sec. 304,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5062; renumbered title IV, Sec. 404, Pub. L. 103-238,
    Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec.
    (a)(1)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as
    amended, which is set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    16 USC Sec. 1421d                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421d. Unusual mortality event activity funding

-STATUTE-
    (a) Establishment of Fund
      There is established in the Treasury an interest bearing fund to
    be known as the "Marine Mammal Unusual Mortality Event Fund", which
    shall consist of amounts deposited into the Fund under subsection
    (c) of this section.
    (b) Uses
      (1) In general
        Amounts in the Fund - 
          (A) shall be available only for use by the Secretary, in
        consultation with the Secretary of the Interior - 
            (i) to compensate persons for special costs incurred in
          acting in accordance with the contingency plan issued under
          section 1421c(b) of this title or under the direction of an
          Onsite Coordinator for an unusual mortality event;
            (ii) for reimbursing any stranding network participant for
          costs incurred in preparing and transporting tissues
          collected with respect to an unusual mortality event for the
          Tissue Bank; and
            (iii) for care and maintenance of marine mammal seized
          under section 1374(c)(2)(D) of this title; and

          (B) shall remain available until expended.
      (2) Pending claims
        If sufficient amounts are not available in the Fund to satisfy
      any authorized pending claim, such claim shall remain pending
      until such time as sufficient amounts are available. All
      authorized pending claims shall be satisfied in the order
      received.
    (c) Deposits into Fund
      There shall be deposited into the Fund - 
        (1) amounts appropriated to the Fund;
        (2) other amounts appropriated to the Secretary for use with
      respect to unusual mortality events; and
        (3) amounts received by the United States in the form of gifts,
      devises, and bequests under subsection (d) of this section.
    (d) Acceptance of donations
      For purposes of carrying out this subchapter and section
    1374(c)(2)(D) of this title, the Secretary may accept, solicit, and
    use the services of volunteers, and may accept, solicit, receive,
    hold, administer, and use gifts, devises, and bequests.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 405, formerly title III, Sec. 305,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5064; renumbered title IV, Sec. 405, and amended Pub. L.
    103-238, Secs. 6, 16(b), 24(b), (c)(2), Apr. 30, 1994, 108 Stat.
    542, 559, 565, 566.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-238, Sec. 16(b), substituted "an
    interest bearing fund" for "a fund".
      Subsec. (b)(1)(A)(i). Pub. L. 103-238, Sec. 24(c)(2), made
    technical amendment to reference to section 1421c(b) of this title
    to reflect renumbering of corresponding section of original act.
      Subsec. (b)(1)(A)(iii). Pub. L. 103-238, Sec. 6(1), added cl.
    (iii).
      Subsec. (d). Pub. L. 103-238, Sec. 6(2), inserted "and section
    1374(c)(2)(D) of this title".

-End-



-CITE-
    16 USC Sec. 1421e                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421e. Liability

-STATUTE-
    (a) In general
      A person who is authorized to respond to a stranding pursuant to
    an agreement entered into under section 1382(c) of this title is
    deemed to be an employee of the government for purposes of chapter
    171 of title 28, with respect to actions of the person that are - 
        (1) in accordance with the agreement; and
        (2) in the case of an unusual mortality event, in accordance
      with - 
          (A) the contingency plan issued under section 1421c(b) of
        this title;
          (B) the instructions of an Onsite Coordinator designated
        under section 1421c(c) of this title; or
          (C) the best professional judgment of an Onsite Coordinator,
        in the case of any matter that is not covered by the
        contingency plan.
    (b) Limitation
      Subsection (a) of this section does not apply to actions of a
    person described in that subsection that are grossly negligent or
    that constitute willful misconduct.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 406, formerly title III, Sec. 306,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5064; renumbered title IV, Sec. 406, and amended Pub. L.
    103-238, Sec. 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565,
    566.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(2)(A), (B). Pub. L. 103-238, Sec. 24(c)(3),
    (4), made technical amendment to references to section 1421c of
    this title to reflect renumbering of corresponding section of
    original act.

-End-



-CITE-
    16 USC Sec. 1421f                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421f. National Marine Mammal Tissue Bank and tissue analysis

-STATUTE-
    (a) Tissue Bank
      (1) In general
        The Secretary shall make provision for the storage,
      preparation, examination, and archiving of marine mammal tissues.
      Tissues archived pursuant to this subsection shall be known as
      the "National Marine Mammal Tissue Bank".
      (2) Guidance for marine mammal tissue collection, preparation,
        and archiving
        The Secretary shall, in consultation with individuals with
      knowledge and expertise in marine science, marine mammal science,
      marine mammal veterinary and husbandry practices, and marine
      conservation, issue guidance, after an opportunity for public
      review and comment, for marine mammal tissue collection,
      preparation, archiving, and quality control procedures, regarding
      - 
          (A) appropriate and uniform methods and standards for those
        activities to provide confidence in marine mammal tissue
        samples used for research; and
          (B) documentation of procedures used for collecting,
        preparing, and archiving those samples.
      (3) Source of tissue
        In addition to tissues taken during marine mammal unusual
      mortality events, the Tissue Bank shall incorporate tissue
      samples taken from other sources in the wild, including - 
          (A) samples from marine mammals taken incidental to
        commercial fishing operations;
          (B) samples from marine mammals taken for subsistence
        purposes;
          (C) biopsy samples; and
          (D) any other samples properly collected.
    (b) Tissue analysis
      The Secretary shall, in consultation with the Marine Mammal
    Commission, the Secretary of the Interior, and individuals with
    knowledge and experience in marine science, marine mammal science,
    marine mammal veterinary and husbandry practices, and marine
    conservation, issue guidance, after an opportunity for public
    review and comment, for analyzing tissue samples (by use of the
    most effective and advanced diagnostic technologies and tools
    practicable) as a means to monitor and measure overall health
    trends in representative species or populations of marine mammals,
    including - 
        (1) the levels of, and if possible, the effects of, potentially
      harmful contaminants; and
        (2) the frequency of, and if possible, the causes and effects
      of abnormal lesions or anomalies.
    (c) Data base
      (1) In general
        The Secretary shall maintain a central data base which provides
      an effective means for tracking and accessing data on marine
      mammals, including relevant data on marine mammal tissues
      collected for and maintained in the Tissue Bank.
      (2) Contents
        The data base established under this subsection shall include -
      
          (A) reference data on the health of marine mammals and
        populations of marine mammals; and
          (B) data on species of marine mammals that are subject to
        unusual mortality events.
    (d) Access
      The Secretary shall, in consultation with the Secretary of the
    Interior, establish criteria, after an opportunity for public
    review and comment, for access to - 
        (1) marine mammal tissues in the Tissue Bank;
        (2) analyses conducted pursuant to subsection (b) of this
      section; and
        (3) marine mammal data in the data base maintained under
      subsection (c) of this section;

    which provide for appropriate uses of the tissues, analyses, and
    data by qualified scientists, including stranding network
    participants.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 407, formerly title III, Sec. 307,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5065; renumbered title IV, Sec. 407, Pub. L. 103-238,
    Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)

-End-



-CITE-
    16 USC Sec. 1421f-1                                         01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421f-1. John H. Prescott Marine Mammal Rescue Assistance
      Grant Program

-STATUTE-
    (a) In general
      (1) Subject to the availability of appropriations, the Secretary
    shall conduct a grant program to be known as the John H. Prescott
    Marine Mammal Rescue Assistance Grant Program, to provide grants to
    eligible stranding network participants for the recovery or
    treatment of marine mammals, the collection of data from living or
    dead stranded marine mammals for scientific research regarding
    marine mammal health, and facility operation costs that are
    directly related to those purposes.
      (2)(A) The Secretary shall ensure that, to the greatest extent
    practicable, funds provided as grants under this subsection are
    distributed equitably among the stranding regions designated as of
    December 21, 2000, and in making such grants shall give preference
    to those facilities that have established records for rescuing or
    rehabilitating sick and stranded marine mammals in each of the
    respective regions, or subregions.
      (B) In determining priorities among such regions, the Secretary
    may consider - 
        (i) any episodic stranding or any mortality event other than an
      event described in section 1421h(6) of this title, that occurred
      in any region in the preceding year;
        (ii) data regarding average annual strandings and mortality
      events per region; and
        (iii) the size of the marine mammal populations inhabiting a
      geographic area within such a region.
    (b) Application
      To receive a grant under this section, a stranding network
    participant shall submit an application in such form and manner as
    the Secretary may prescribe.
    (c) Consultation
      The Secretary shall consult with the Marine Mammal Commission, a
    representative from each of the designated stranding regions, and
    other individuals who represent public and private organizations
    that are actively involved in rescue, rehabilitation, release,
    scientific research, marine conservation, and forensic science
    regarding stranded marine mammals, regarding the development of
    criteria for the implementation of the grant program and the
    awarding of grants under the program.
    (d) Limitation
      The amount of a grant under this section shall not exceed
    $100,000.
    (e) Matching requirement
      (1) In general
        The non-Federal share of the costs of an activity conducted
      with a grant under this section shall be 25 percent of such
      costs.
      (2) In-kind contributions
        The Secretary may apply to the non-Federal share of an activity
      conducted with a grant under this section the amount of funds,
      and the fair market value of property and services, provided by
      non-Federal sources and used for the activity.
    (f) Administrative expenses
      Of amounts available each fiscal year to carry out this section,
    the Secretary may expend not more than 6 percent or $80,000,
    whichever is greater, to pay the administrative expenses necessary
    to carry out this section.
    (g) Definitions
      In this section:
      (1) Designated stranding region
        The term "designated stranding region" means a geographic
      region designated by the Secretary for purposes of administration
      of this subchapter.
      (2) Secretary
        The term "Secretary" has the meaning given that term in section
      1362(12)(A) of this title.
    (h) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $5,000,000 for each of fiscal years 2001 through 2003, to remain
    available until expended, of which - 
        (1) $4,000,000 may be available to the Secretary of Commerce;
      and
        (2) $1,000,000 may be available to the Secretary of the
      Interior.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 408, as added Pub. L. 106-555,
    title II, Sec. 202(a)(2), Dec. 21, 2000, 114 Stat. 2767.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 408 of Pub. L. 92-522 was renumbered section 409,
    and is classified to section 1421g of this title.

-End-



-CITE-
    16 USC Sec. 1421g                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421g. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated - 
        (1) to the Secretary for carrying out this subchapter (other
      than sections 1421d and 1421f of this title) $250,000 for each of
      fiscal years 1993 and 1994;
        (2) to the Secretary for carrying out section 1421f of this
      title, $250,000 for each of fiscal years 1993 and 1994; and
        (3) to the Fund, $500,000 for fiscal year 1993.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 409, formerly title III, Sec. 308,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5066; renumbered title IV, Sec. 408, and amended Pub. L.
    103-238, Sec. 24(b), (c)(5), (6), Apr. 30, 1994, 108 Stat. 565,
    566; renumbered Sec. 409, Pub. L. 106-555, title II, Sec.
    202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)


-MISC1-
                                AMENDMENTS                            
      1994 - Par. (1). Pub. L. 103-238, Sec. 24(c)(5), made technical
    amendment to references to sections 1421d and 1421f of this title
    to reflect renumbering of corresponding sections of original act.
      Par. (2). Pub. L. 103-238, Sec. 24(c)(6), made technical
    amendment to reference to section 1421f of this title to reflect
    renumbering of corresponding section of original act.

-End-



-CITE-
    16 USC Sec. 1421h                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-
    Sec. 1421h. Definitions

-STATUTE-
      In this subchapter, the following definitions apply:
        (1) The term "Fund" means the Marine Mammal Unusual Mortality
      Event Fund established by section 1421d(a) of this title.
        (2) The term "Office" means the Office of Protected Resources,
      in the National Marine Fisheries Service.
        (3) The term "stranding" means an event in the wild in which - 
          (A) a marine mammal is dead and is - 
            (i) on a beach or shore of the United States; or
            (ii) in waters under the jurisdiction of the United States
          (including any navigable waters); or

          (B) a marine mammal is alive and is - 
            (i) on a beach or shore of the United States and unable to
          return to the water;
            (ii) on a beach or shore of the United States and, although
          able to return to the water, is in need of apparent medical
          attention; or
            (iii) in the waters under the jurisdiction of the United
          States (including any navigable waters), but is unable to
          return to its natural habitat under its own power or without
          assistance.

        (4) The term "stranding network participant" means a person who
      is authorized by an agreement under section 1382(c) of this title
      to take marine mammals as described in section 1379(h)(1) of this
      title in response to a stranding.
        (5) The term "Tissue Bank" means the National Marine Tissue
      Bank provided for under section 1421f(a) of this title.
        (6) The term "unusual mortality event" means a stranding that -
      
          (A) is unexpected;
          (B) involves a significant die-off of any marine mammal
        population; and
          (C) demands immediate response.

-SOURCE-
    (Pub. L. 92-522, title IV, Sec. 410, formerly title III, Sec. 309,
    as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,
    106 Stat. 5066; renumbered title IV, Sec. 409, and amended Pub. L.
    103-238, Sec. 24(b), (c)(7), (8), Apr. 30, 1994, 108 Stat. 565,
    566; renumbered Sec. 410, Pub. L. 106-555, title II, Sec.
    202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)


-MISC1-
                                AMENDMENTS                            
      1994 - Par. (1). Pub. L. 103-238, Sec. 24(c)(7), made technical
    amendment to reference to section 1421d(a) of this title to reflect
    renumbering of corresponding section of original act.
      Par. (5). Pub. L. 103-238, Sec. 24(c)(8), made technical
    amendment to reference to section 1421f(a) of this title to reflect
    renumbering of corresponding section of original act.

-End-


-CITE-
    16 USC SUBCHAPTER VI - POLAR BEARS                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
                        SUBCHAPTER VI - POLAR BEARS                    

-End-



-CITE-
    16 USC Sec. 1423                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423. Definitions

-STATUTE-
      In this subchapter:
      (1) Agreement
        The term "Agreement" means the Agreement Between the Government
      of the United States of America and the Government of the Russian
      Federation on the Conservation and Management of the Alaska-
      Chukotka Polar Bear Population, signed at Washington, D.C., on
      October 16, 2000.
      (2) Alaska Nanuuq Commission
        The term "Alaska Nanuuq Commission" means the Alaska Native
      entity, in existence on January 12, 2007, that represents all
      villages in the State of Alaska that engage in the annual
      subsistence taking of polar bears from the Alaska-Chukotka
      population and any successor entity.
      (3) Import
        The term "import" means to land on, bring into, or introduce
      into, or attempt to land on, bring into, or introduce into, any
      place subject to the jurisdiction of the United States, without
      regard to whether the landing, bringing, or introduction
      constitutes an importation within the meaning of the customs laws
      of the United States.
      (4) Polar bear part or product
        The term "part or product of a polar bear" means any polar bear
      part or product, including the gall bile and gall bladder.
      (5) Secretary
        The term "Secretary" means the Secretary of the Interior.
      (6) Taking
        The term "taking" has the meaning given the term in the
      Agreement.
      (7) Commission
        The term "Commission" means the commission established under
      article 8 of the Agreement.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 501, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3660.)

-End-



-CITE-
    16 USC Sec. 1423a                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423a. Prohibitions

-STATUTE-
    (a) In general
      It is unlawful for any person who is subject to the jurisdiction
    of the United States or any person in waters or on lands under the
    jurisdiction of the United States - 
        (1) to take any polar bear in violation of the Agreement;
        (2) to take any polar bear in violation of the Agreement or any
      annual taking limit or other restriction on the taking of polar
      bears that is adopted by the Commission pursuant to the
      Agreement;
        (3) to import, export, possess, transport, sell, receive,
      acquire, or purchase, exchange, barter, or offer to sell,
      purchase, exchange, or barter any polar bear, or any part or
      product of a polar bear, that is taken in violation of paragraph
      (2);
        (4) to import, export, sell, purchase, exchange, barter, or
      offer to sell, purchase, exchange, or barter, any polar bear gall
      bile or polar bear gall bladder;
        (5) to attempt to commit, solicit another person to commit, or
      cause to be committed, any offense under this subsection; or
        (6) to violate any regulation promulgated by the Secretary to
      implement any of the prohibitions established in this subsection.
    (b) Exceptions
      For the purpose of forensic testing or any other law enforcement
    purpose, the Secretary, and Federal law enforcement officials, and
    any State or local law enforcement official authorized by the
    Secretary, may import a polar bear or any part or product of a
    polar bear.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 502, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3661.)

-End-



-CITE-
    16 USC Sec. 1423b                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423b. Administration

-STATUTE-
    (a) In general
      The Secretary, acting through the Director of the United States
    Fish and Wildlife Service, shall do all things necessary and
    appropriate, including the promulgation of regulations, to
    implement, enforce, and administer the provisions of the Agreement
    on behalf of the United States. The Secretary shall consult with
    the Secretary of State and the Alaska Nanuuq Commission on matters
    involving the implementation of the Agreement.
    (b) Utilization of other government resources and authorities
      (1) Other government resources
        The Secretary may utilize by agreement, with or without
      reimbursement, the personnel, services, and facilities of any
      other Federal agency, any State agency, or the Alaska Nanuuq
      Commission for purposes of carrying out this subchapter or the
      Agreement.
      (2) Other powers and authorities
        Any person authorized by the Secretary under this subsection to
      enforce this subchapter or the Agreement shall have the
      authorities that are enumerated in section 3375(b) of this title.
    (c) Ensuring compliance
      (1) Subchapter II authorities
        The Secretary may use authorities granted under subchapter II
      for enforcement, imposition of penalties, and the seizure of
      cargo for violations under this subchapter, provided that any
      polar bear or any part or product of a polar bear taken,
      imported, exported, possessed, transported, sold, received,
      acquired, purchased, exchanged, or bartered, or offered for sale,
      purchase, exchange, or barter in violation of this subchapter,
      shall be subject to seizure and forfeiture to the United States
      without any showing that may be required for assessment of a
      civil penalty or for criminal prosecution under this chapter.
      (2) Additional authorities
        Any gun, trap, net, or other equipment used, and any vessel,
      aircraft, or other means of transportation used, to aid in the
      violation or attempted violation of this subchapter shall be
      subject to seizure and forfeiture under section 1376 of this
      title.
    (d) Regulations
      (1) In general
        The Secretary shall promulgate such regulations as are
      necessary to carry out this subchapter and the Agreement.
      (2) Ordinances and regulations
        If necessary to carry out this subchapter and the Agreement,
      and to improve compliance with any annual taking limit or other
      restriction on taking adopted by the Commission and implemented
      by the Secretary in accordance with this subchapter, the
      Secretary may promulgate regulations that adopt any ordinance or
      regulation that restricts the taking of polar bears for
      subsistence purposes if the ordinance or regulation has been
      promulgated by the Alaska Nanuuq Commission.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 503, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3662.)

-End-



-CITE-
    16 USC Sec. 1423c                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423c. Cooperative management agreement; authority to delegate
      enforcement authority

-STATUTE-
    (a) In general
      The Secretary, acting through the Director of the United States
    Fish and Wildlife Service, may share authority under this
    subchapter for the management of the taking of polar bears for
    subsistence purposes with the Alaska Nanuuq Commission if such
    commission is eligible under subsection (b).
    (b) Delegation
      To be eligible for the management authority described in
    subsection (a), the Alaska Nanuuq Commission shall - 
        (1) enter into a cooperative agreement with the Secretary under
      section 1388 of this title for the conservation of polar bears;
        (2) meaningfully monitor compliance with this subchapter and
      the Agreement by Alaska Natives; and
        (3) administer its co-management program for polar bears in
      accordance with - 
          (A) this subchapter; and
          (B) the Agreement.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 504, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3662.)

-End-



-CITE-
    16 USC Sec. 1423d                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423d. Commission appointments; compensation, travel expenses,
      and claims

-STATUTE-
    (a) Appointment of United States commissioners
      (1) Appointment
        The United States commissioners on the Commission shall be
      appointed by the President, in accordance with paragraph 2 of
      article 8 of the Agreement, after taking into consideration the
      recommendations of - 
          (A) the Secretary;
          (B) the Secretary of State; and
          (C) the Alaska Nanuuq Commission.
      (2) Qualifications
        With respect to the United States commissioners appointed under
      this subsection, in accordance with paragraph 2 of article 8 of
      the Agreement - 
          (A) 1 United States commissioner shall be an official of the
        Federal Government;
          (B) 1 United States commissioner shall be a representative of
        the Native people of Alaska, and, in particular, the Native
        people for whom polar bears are an integral part of their
        culture; and
          (C) both commissioners shall be knowledgeable of, or have
        expertise in, polar bears.
      (3) Service and term
        Each United States commissioner shall serve - 
          (A) at the pleasure of the President; and
          (B) for an initial 4-year term and such additional terms as
        the President shall determine.
      (4) Vacancies
        (A) In general
          Any individual appointed to fill a vacancy occurring before
        the expiration of any term of office of a United States
        commissioner shall be appointed for the remainder of that term.
        (B) Manner
          Any vacancy on the Commission shall be filled in the same
        manner as the original appointment.
    (b) Alternate commissioners
      (1) In general
        The Secretary, in consultation with the Secretary of State and
      the Alaska Nanuuq Commission, shall designate an alternate
      commissioner for each member of the United States section.
      (2) Duties
        In the absence of a United States commissioner, an alternate
      commissioner may exercise all functions of the United States
      commissioner at any meetings of the Commission or of the United
      States section.
      (3) Reappointment
        An alternate commissioner - 
          (A) shall be eligible for reappointment by the President; and
          (B) may attend all meetings of the United States section.
    (c) Duties
      The members of the United States section may carry out the
    functions and responsibilities described in article 8 of the
    Agreement in accordance with this subchapter and the Agreement.
    (d) Compensation and expenses
      (1) Compensation
        A member of the United States section shall serve without
      compensation.
      (2) Travel expenses
        A member of the United States section shall be allowed travel
      expenses, including per diem in lieu of subsistence, at rates
      authorized for an employee of an agency under subchapter I of
      chapter 57 of title 5 while away from the home or regular place
      of business of the member in the performance of the duties of the
      United States-Russia Polar Bear Commission.
    (e) Agency designation
      The United States section shall, for the purpose of title 28
    relating to claims against the United States and tort claims
    procedure, be considered to be a Federal agency.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 505, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3663.)

-End-



-CITE-
    16 USC Sec. 1423e                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423e. Votes taken by the United States section on matters
      before the Commission

-STATUTE-
      In accordance with paragraph 3 of article 8 of the Agreement, the
    United States section, made up of commissioners appointed by the
    President, shall vote on any issue before the United States-Russia
    Polar Bear Commission only if there is no disagreement between the
    United States commissioners regarding the vote.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 506, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3664.)

-End-



-CITE-
    16 USC Sec. 1423f                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423f. Implementation of actions taken by the Commission

-STATUTE-
    (a) In general
      The Secretary shall take all necessary actions to implement the
    decisions and determinations of the Commission under paragraph 7 of
    article 8 of the Agreement.
    (b) Taking limitation
      Not later than 60 days after the date on which the Secretary
    receives notice of the determination of the Commission of an annual
    taking limit, or of the adoption by the Commission of other
    restriction on the taking of polar bears for subsistence purposes,
    the Secretary shall publish a notice in the Federal Register
    announcing the determination or restriction.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 507, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3664.)

-End-



-CITE-
    16 USC Sec. 1423g                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423g. Application with other subchapters of chapter

-STATUTE-
    (a) In general
      The authority of the Secretary under this subchapter is in
    addition to, and shall not affect - 
        (1) the authority of the Secretary under other subchapters (!1)
      of this chapter or the Lacey Act Amendments of 1981 (16 U.S.C.
      3371 et seq.) or the exemption for Alaskan natives under section
      1371(b) of this title as applied to other marine mammal
      populations; or

        (2) the authorities provided under subchapter III of this
      chapter.
    (b) Certain provisions inapplicable
      The provisions of subchapters II through V of this chapter do not
    apply with respect to the implementation or administration of this
    subchapter, except as specified in section 1423b of this title.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 508, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3664.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Other subchapters of this chapter, referred to in subsec. (a)(1),
    was in the original a reference to "other titles of this Act"
    meaning Pub. L. 92-522. Subchapter I of this chapter consists of
    sections of Pub. L. 92-522 that are not part of a title of that
    Act.
      The Lacey Act Amendments of 1981, referred to in subsec. (a)(1),
    is Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, which enacted
    chapter 53 (Sec. 3371 et seq.) of this title, amended section 1540
    of this title and section 42 of Title 18, Crimes and Criminal
    Procedure, repealed sections 667e and 851 to 856 of this title and
    sections 43, 44, 3054, and 3112 of Title 18, and enacted provisions
    set out as notes under sections 1540 and 3371 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3371 of this title and Tables.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 1423h                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER VI - POLAR BEARS

-HEAD-
    Sec. 1423h. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated to the Secretary to carry
    out the functions and responsibilities of the Secretary under this
    subchapter and the Agreement $1,000,000 for each of fiscal years
    2006 through 2010.
    (b) Commission
      There are authorized to be appropriated to the Secretary to carry
    out functions and responsibilities of the United States Section
    (!1) $150,000 for each of fiscal years 2006 through 2010.

    (c) Alaskan cooperative management program
      There are authorized to be appropriated to the Secretary to carry
    out this subchapter and the Agreement in Alaska $150,000 for each
    of fiscal years 2006 through 2010.

-SOURCE-
    (Pub. L. 92-522, title V, Sec. 509, as added Pub. L. 109-479, title
    IX, Sec. 902(a), Jan. 12, 2007, 120 Stat. 3665.)

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-