The Marine Mammal Protection Act of 1972 as Amended

The Marine Mammal

Protection Act of 1972

As Amended

as amended through 2015

Compiled and annotated by the

Marine Mammal Commission

4340 East-West Highway

Bethesda, MD 20814

Updated with 2015 Amendments by

NOAA’s National Marine Fisheries Service

1315 East-West Highway

Silver Spring, MD 20910
The Marine Mammal Protection Act of 1972 as Amended

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The Marine Mammal Protection Act of 1972

as Amendedi

To protect marine mammals; to establish a Marine Mammal Commission; for other 

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, That this Act, with the following table of contents, may be cited as 

the “Marine Mammal Protection Act of 1972”.

TABLE OF CONTENTS

Sec. 2. Findings and declaration of policy.....................................................................3

Sec. 3. Definitions. ........................................................................................................4

Sec. 4. Effective date. ....................................................................................................8

Title I—Conservation and Protection of Marine Mammals

Sec. 101. Moratorium and exceptions.................................................................................9

Sec. 102. Prohibitions. ......................................................................................................18

Sec. 103. Regulations on taking of marine mammals.......................................................20

Sec. 104. Permits. .............................................................................................................22

Sec. 105. Penalties............................................................................................................30

Sec. [ ]. Disposition of Fines. ii.......................................................................................31

Sec. 106. Vessel fine, cargo forfeiture, and rewards.........................................................31

Sec. 107. Enforcement. .....................................................................................................32

Sec. 108. International program........................................................................................33

Sec. 109. Federal cooperation with States. .......................................................................36

Sec. 110. Marine mammal research grants. ......................................................................42

Sec. 111. Commercial fisheries gear development. ..........................................................43

Sec. 112. Regulations and administration.........................................................................44

Sec. 113. Application to other treaties and conventions. ..................................................45

Sec. 114. Interim exception for commercial fisheries. .....................................................46

Sec. 115. Status review; conservation plans. ....................................................................55

Sec. 116. Authorization of appropriations. .......................................................................57

Sec. [ ]. Dolphin protection. iii.........................................................................................58

Sec. 117. Stock assessments. ............................................................................................62

Sec. 118. Taking of marine mammals incidental to commercial fishing

operations.........................................................................................................65

Sec. 119. Marine mammal cooperative agreements in Alaska. ........................................77

Sec. 120. Pacific Coast Task Force; Gulf of Maine..........................................................78

Title II—Marine Mammal Commission

Sec. 201. Establishment of Commission...........................................................................82

Sec. 202. Duties of Commission.......................................................................................83

Sec. 203. Committee of Scientific Advisors on Marine Mammals...................................84

Sec. 204. Commission reports. .........................................................................................84

Sec. 205. Coordination with other Federal agencies.........................................................85

Sec. 206. Administration of Commission. ........................................................................85

Sec. 207. Authorization of appropriations. .......................................................................85
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Title III— International Dolphin Conservation Program

Sec. 301. Findings and policy. ..........................................................................................86

Sec. 302. International Dolphin Conservation Program. ..................................................87

Sec. 303. Regulatory authority of the Secretary. ..............................................................88

Sec. 304. Research. ...........................................................................................................90

Sec. 305. Reports by the Secretary. ..................................................................................92

Sec. 306. Permits. .............................................................................................................92

Sec. 307. Prohibitions. ......................................................................................................94

Title IV—Marine Mammal Health and Stranding Response

Sec. 401. Establishment of program. ................................................................................95

Sec. 402. Determination; data collection and dissemination. ...........................................95

Sec. 403. Stranding response agreements. ........................................................................96

Sec. 404. Unusual mortality event response. ....................................................................96

Sec. 405. Unusual mortality event activity funding..........................................................98

Sec. 406. Liability.............................................................................................................99

Sec. 407. National Marine Mammal Tissue Bank and tissue analysis............................100

Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ..........101

Sec. 409. Authorization of appropriations. .....................................................................102

Sec. 410. Definitions.......................................................................................................103

Title V—Polar Bears

Sec. 501. Definitions.......................................................................................................104

Sec. 502. Prohibitions. ....................................................................................................104

Sec. 503. Administration.................................................................................................105

Sec. 504. Cooperative management agreement; authority to delegate enforcement 

authority.........................................................................................................106

Sec. 505. Commission appointments; compensation, travel expenses, and claims. .......106

Sec. 506. Votes taken by the United States Section on matters before the Commission. 

.......................................................................................................................108

Sec. 507. Implementation of actions taken by the Commission. ....................................108

Sec. 508. Application with other titles of Act.................................................................108

Sec. 509. Authorization of appropriations. .....................................................................109

Notes...............................................................................................................................110

Recently Enacted Statutory Provisions Related to Marine Mammals............................115

Endnotes..........................................................................................................................118

This copy of the Marine Mammal Protection Act is provided for information only. Before 

relying on any portion of the Act as it appears here, reference should be made to the 

official report of the Act in the United States Code.

To assist the user, headings have been provided for most subsections and some lesser 

provisions. Some headings were enacted as part of the Act. Others have been added to the 

Act as it appears in the United States Code. Headings included in the United States Code, 

but which were not enacted as part of the Marine Mammal Protection Act, appear in 

brackets. Certain provisions of the Act set forth requirements relative to the time of 

enactment of the provision. To assist the reader, these provisions have been annotated by 

including in brackets a specific date when the provision becomes effective or by which a 

required action is or was to be taken.
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Findings and Declaration of Policy

16 U.S.C. 1361

Sec. 2. 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.
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Definitions

16 U.S.C. 1362

Sec. 3. For the purposes of this Act—

(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 title II of this 

Act, 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 109, 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 101 (a)(2)(B).

(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 Act, 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.
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(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 Act.

(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 Act 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 Act with respect to all other marine mammals covered by this Act.

(B) in section 118 and title IV (other than section 408) 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 
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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 104 (c)(3), 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).
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(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 Act.

(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 302 of the Magnuson-Stevens Fishery

Conservation and Management Act. 

(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;1

(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 118.

(25) The term “take reduction team” means a team established under section 118.

(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.

 

1 As in original, probably intended to be “refereed scientific journal.”
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(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 La Jolla, 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.

Effective Date

Sec. 4. The provisions of this Act shall take effect upon the expiration of the sixtyday period following the date of its enactment [December 21, 1972].
The Marine Mammal Protection Act of 1972 as Amended

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Title I—Conservation and Protection

of Marine Mammals

Moratorium on taking and importing marine mammals and

marine mammal products

16 U.S.C. 1371

Sec. 101. (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 Act, 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 104, 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 

104 (c)(5), 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 title II of this Act. The Commission and Committee shall 

recommend any proposed taking or importation, other than importation under section 104

(c)(5), which is consistent with the purposes and policies of section 2. 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 104 subject to regulations 

prescribed by the Secretary in accordance with section 103, or in lieu of such permits, 

authorizations may be granted therefor under section 118, subject to regulations prescribed 

under that section by the Secretary without regard to section 103. Such authorizations may 

be granted under title III of this Act with respect to purse seine fishing for yellowfin tuna in 

the eastern tropical Pacific Ocean, subject to regulations prescribed under that title by the 

Secretary without regard to section 103. 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;
Marine Mammal Commission

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(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 

subsection (f) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f); 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);
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(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 8 (a) of the Fisherman’s Protection 

Act of 1967 (22 U.S.C. 1978(a)) 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 Act 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 102, 103, 104, and 111 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 Act: 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 Act. 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 Act 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;
Marine Mammal Commission

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(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 Act.

(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 Act.

(D) The authority to deter marine mammals pursuant to subparagraph (A) applies 

to all marine mammals, including all stocks designated as depleted under this Act.

(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 109 (f) or, in the case 

of a cooperative agreement under both this Act and the Whaling Convention Act of 1949 

(16 U.S.C. 916 et seq.), pursuant to section 112 (c) ; 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.
The Marine Mammal Protection Act of 1972 as Amended

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(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 103 and 104 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 109 (f) or pursuant to a cooperative agreement under section 119.

(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 
Marine Mammal Commission

14

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 109 (f) or pursuant to a cooperative 

agreement under section 119,

(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 109 (f) or pursuant to a 

cooperative agreement under section 119, 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 109 (f) or pursuant to a cooperative agreement under section 119.

(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 Act 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 

204 (b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

1824(b)), 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—
The Marine Mammal Protection Act of 1972 as Amended

15

(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 118, 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 

118, 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 118 shall not be subject to the penalties of this Act 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 118.

(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 118 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 103 and 104 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”.
Marine Mammal Commission

16

(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 109,

the provisions of this Act 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 Act, 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 
The Marine Mammal Protection Act of 1972 as Amended

17

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 Act. Such 

regulations shall be prescribed after notice and hearing required by section 103 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 117 (b)(2), 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 

Act 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 Act 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) [ACT NOT TO APPLY TO INCIDENTAL TAKINGS BY UNITED STATES 

CITIZENS EMPLOYED ON FOREIGN VESSELS OUTSIDE UNITED STATES EEZ.] —

The provisions of this Act 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) 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 Act, if the Secretary determines that it is necessary for national 

defense.
Marine Mammal Commission

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(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.

Prohibitions

16 U.S.C. 1372

Sec. 102. (a) [TAKING.] — Except as provided in sections 101, 103, 104, 109, 111, 113, 

114, and 118 and title IV, 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 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 Act, to 

possess that mammal or any product from that mammal;
The Marine Mammal Protection Act of 1972 as Amended

19

(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 Act; 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 104(c); 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 Act.

(b) [IMPORTATION OF PREGNANT OR NURSING ANIMALS; 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 104(c) of 

this Act, 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 Act; 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.
Marine Mammal Commission

20

(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 Act shall not apply with respect to any marine 

mammal taken before the effective date of this Act [December 21, 1972], 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.

Regulations on Taking of Marine Mammals

16 U.S.C. 1373

Sec. 103. (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 2 of this Act.

(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—
The Marine Mammal Protection Act of 1972 as Amended

21

(1) the number of animals which may be taken or imported in any calendar year 

pursuant to permits issued under section 104;

(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 101(a)(3)(A) 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 Act.

(f) [REPORT TO CONGRESS.] — Within six months after the effective date of this Act 

[June 21, 1973] 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 Act. His 

report shall describe those actions taken and those measures believed necessary, including 

where appropriate, the issuance of permits pursuant to this title to assure the well-being of 

such marine mammals.2

 

2 Although the National Marine Fisheries Service and the Fish and Wildlife Service continue to 

prepare the reports called for by this provision, the mandatory nature of the reporting requirements 

ceased on December 21, 1999, under section 3003 of the Federal Reports Elimination and Sunset 

Act of 1995 (Pub. L. 104-66).
Marine Mammal Commission

22

Permits

16 U.S.C. 1374

Sec. 104. (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 101(a)(5) or 306, 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 103, 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 DISPLAY OR RESEARCH.] —

(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.
The Marine Mammal Protection Act of 1972 as Amended

23

(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 Act, 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 

Act. 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—

(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 section 104(e), seize the marine 

mammal, or cooperate with other persons authorized to hold marine mammals under 

this Act for disposition of the marine mammal. The Secretary may recover from the 

person expenses incurred by the Secretary for that seizure.
Marine Mammal Commission

24

(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) 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 the date of enactment of the Marine Mammal 

Protection Act Amendments of 1994 [August 28, 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 Act 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.
The Marine Mammal Protection Act of 1972 as Amended

25

(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 —

(I) consistent with any conservation plan adopted by the Secretary under 

section 115(b) or any recovery plan developed under section 4(f) of the 

Endangered Species Act of 1973 for the species or stock, or 

(II) if there is no conservation or recovery plan in place, with the 

Secretary's evaluation of actions required to enhance the survival or recovery of 

the species or stock in light to 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;
Marine Mammal Commission

26

(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 113(d).

(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 the date of enactment of this paragraph [April 30, 1996]. 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), 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 101 and 102. This subparagraph shall not apply to polar bear parts that 

were imported before the effective date of this subparagraph [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 Act 

and which is determined under guidance under section 402(a) not to be releasable to the 

wild, the Secretary shall issue the permit to the person requesting the permit if that 

person—
The Marine Mammal Protection Act of 1972 as Amended

27

(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 the date of the 

enactment of the Marine Mammal Protection Act Amendments of 1994 [April 30, 

1994] and held in captivity for the purpose of public display shall be treated as though 

born after that date of enactment.

(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 Act:
Marine Mammal Commission

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(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 Act and the applicable regulations established under section 103.

(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, United States Code, 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.
The Marine Mammal Protection Act of 1972 as Amended

29

(e) [MODIFICATION, SUSPENSION, AND REVOCATION.] —

(1) The Secretary may modify, suspend, or revoke in whole or 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 103 of this Act,

(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) 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,

3

(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 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.

 

3 As in original, probably intended to be “the authorized taking or importation....”
Marine Mammal Commission

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(h) [GENERAL PERMITS.] —

(1) Consistent with the regulations prescribed pursuant to section 103 and to the 

requirements of section 101, 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 306 of this Act, subject to the regulations issued pursuant to 

section 303 of this Act.

(3)(A) The Secretary shall, commencing on January 1, 1985, undertake a scientific 

research program to monitor for at least five consecutive years, and periodically as 

necessary thereafter, the indices of abundance and trends of marine mammal population 

stocks which are incidentally taken in the course of commercial purse seine fishing for 

yellowfin tuna in the eastern tropical Pacific Ocean.

(B) If the Secretary determines, on the basis of the best scientific information 

available (including that obtained under the monitoring program), that the incidental 

taking of marine mammals permitted under the general permit referred to in paragraph 

(2) is having a significant adverse effect on a marine mammal population stock, the 

Secretary shall take such action as is necessary, after notice and an opportunity for an 

agency hearing on the record, to modify the applicable incidental take quotas or 

requirements for gear and fishing practices (or both such quotas and requirements) for 

such fishing so as to ensure that the marine mammal population stock is not significantly adversely affected by the incidental taking.

(C) For each year after 1984, the Secretary shall include in his annual report to the 

public and the Congress under section 103(f) a discussion of the proposed activities to 

be conducted each year as part of the monitoring program required by subparagraph 

(A).

(D) There are authorized to be appropriated to the Department of Commerce for 

purposes of carrying out the monitoring program required under this paragraph not to 

exceed $4,000,000 for the period beginning October 1, 1984, and ending September 30, 

1988.

Penalties

16 U.S.C. 1375

Sec. 105. (a)(1) Any person who violates any provision or of any permit or regulation 

issued thereunder, except as provided in section 118, 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.
The Marine Mammal Protection Act of 1972 as Amended

31

(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 or of any permit or regulation issued 

thereunder (except as provided in section 118) shall, upon conviction, be fined not more 

than $20,000 for each such violation, or imprisoned for not more than one year, or both.

Disposition of Fines

16 U.S.C. 1375a

Sec. [ ] Hereafter, 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.

Vessel Fine, Cargo Forfeiture, and Rewards

16 U.S.C. 1376

Sec. 106. (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 Act.

(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 Act. 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.
Marine Mammal Commission

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Enforcement

16 U.S.C. 1377

Sec. 107. (a) [UTILIZATION OF PERSONNEL.] — Except as otherwise provided in this title, 

the Secretary shall enforce the provisions of this Act. The Secretary may utilize, by 

agreement, the personnel, services, and facilities of any other Federal agency for purposes 

of enforcing this title.

(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 Act. 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 magistrates 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 and any 

regulations issued thereunder.

(d) [EXECUTION OF PROCESS; ARREST; SEARCH; SEIZURE.] — Any person authorized 

by the Secretary to enforce this title may execute any warrant or process issued by any 

officer or court of competent jurisdiction for the enforcement of this Act. Such 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 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 or the regulations 

issued thereunder, search such vessel, other conveyance, or container 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 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 mammal 

products taken or retained in violation or the regulations issued thereunder and shall 

dispose of them in accordance with regulations prescribed by the Secretary.
The Marine Mammal Protection Act of 1972 as Amended

33

(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 105(a) or (b). All marine mammals 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 105(a) or (b), 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 105(a), 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 105(b), 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 105(a) 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 105(b), such marine 

mammal or marine mammal product or other cargo shall immediately be returned to the 

owner or consignee if the Secretary does not, with4thirty days after the final disposition 

of the case involving such alleged violation, commence proceedings for the assessment 

of a civil penalty under section 105(a).

International Program

16 U.S.C. 1378

Sec. 108. (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 

multinational agreements with other nations for the protection and conservation of all 

marine mammals covered by this Act;

 

4 As in original, probably intended to be “within thirty days....”
Marine Mammal Commission

34

(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;
The Marine Mammal Protection Act of 1972 as Amended

35

(3) encourage such other agreements to promote the purposes of this Act 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 Act;

(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 the date of the enactment of 

this Act [October 21, 1973] 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 

201 of this Act, 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 Act, 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 Act, or both, to make the Convention and this Act consistent with each other.

The Secretary shall complete the studies required under this paragraph not later than one 

year after the date of enactment of this Act [October 21, 1973] 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 Act 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 Act 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 
Marine Mammal Commission

36

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), as well as any proposals for 

further action to achieve the purposes of that subsection, in the report required under 

section 103(f).

Federal Cooperation with States

16 U.S.C. 1379

Sec. 109. (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).

(b) [FINDINGS PREREQUISITE TO TRANSFER OF AUTHORITY; STATE PROGRAM;

IMPLEMENTATION.] —

(1) Subject to paragraph (2) and subsection (f), 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 Act 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)—

(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), such an 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)), does not permit the 

taking of a number of animals that would be inconsistent with the maintenance of the 

species at its OSP;
The Marine Mammal Protection Act of 1972 as Amended

37

(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 that 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); 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 

101; and

(B) the Secretary shall continue to regulate, under this title, 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), if required, is implemented for such species—

(A) such determination shall be treated, for purposes of applying this title beyond 

the territory of the State, as a determination made in accordance with section 103 and as 

an applicable waiver under section 101(a)(3);

(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 101(a)(2) or (4)), or in the course of other specified 

activities provided for under section 101(a)(5), in the zone described in section 

3(14)(B), and5

(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 101(a)(1) after the date 

of the enactment of the 1981 amendment to this subsection [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

 

5 The wording of this section predates enactment of section 118, which now governs the incidental 

taking of marine mammals in commercial fisheries rather than section 101(a)(2) or (4).
Marine Mammal Commission

38

(C) section 101(b) shall not apply.

(c) [STANDARDS WITH WHICH STATE PROCESS MUST COMPLY.] — The State process 

required under subsection (b)(1)(C) 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, United States Code, 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) 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 302 of the Act of April 13, 1976 (16 U.S.C. 1852)) 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), 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 101(a) within the zone described in section 3(14)(B).6

 

6 Section 109(d)(2) was not amended when section 3(14) was redesignated as section 3(15) by Pub. 

L. 102-582. Reference to section 3(14)(B) should be to section 3(15)(B).
The Marine Mammal Protection Act of 1972 as Amended

39

(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 3(14)(B) 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 101(a) within such zone. The Secretary shall adopt such 

provisions through the issuance of regulations under section 553 of Title 5, United States 

Code, and with respect to such issuance the Regulatory Flexibility Act, the Paperwork 

Reduction Act, Executive Order No. 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 105, 106, and 107, such regulations shall be treated as having been issued under 

this title.

(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) 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).

(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 

Act (and in the case of Alaskan Natives, section 101(b) 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) for any species of marine mammal unless—
Marine Mammal Commission

40

(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), nor the revocation or voluntary 

return of such authority under subsection (e), shall be deemed to be an action for which an 

environmental impact statement is required under section 102 of the National 

Environmental Policy Act of 1969.
The Marine Mammal Protection Act of 1972 as Amended

41

(h) [TAKING OF MARINE MAMMALS AS PART OF OFFICIAL DUTIES.] —

(1) Nothing in this title or title IV shall prevent a Federal, State, or local government 

official or employee or a person designated under section 112(c) 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 title shall prevent the Secretary or a person designated under section 

112(c) 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 101(b).

(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), 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 Act: Provided, That any such arrangement shall contain such 

provisions as the Secretary deems appropriate to insure that the purposes and policies of 

this Act will be carried out.
Marine Mammal Commission

42

(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.

Marine Mammal Research Grants

16 U.S.C. 1380

Sec. 110. (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 103(f).

(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 the date of enactment of the Marine Mammal Protection 

Act Amendments of 1994 [April 30, 1995], 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
The Marine Mammal Protection Act of 1972 as Amended

43

(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 the date of enactment of the Marine Mammal Protection Act 

Amendments of 1994 [October 27, 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 103(f) and 204 of this Act.

Commercial Fisheries Gear Development

16 U.S.C. 1381

Sec. 111. (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 the date of the enactment of this Act 

[October 21, 1974], 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 101(a)(2), 
Marine Mammal Commission

44

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, United States Code. 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 Act 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.

Regulations and Administration

16 U.S.C. 1382

Sec. 112. (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 Act.

(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 Act. 

(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 or title IV 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 land. 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 of7 policies of this 

 

7 As in original, probably intended to be “with the purposes or policies....”
The Marine Mammal Protection Act of 1972 as Amended

45

Act, he shall suspend the operation of that program and shall include in the annual report to 

the public and the Congress required under section 103(f) of this Act 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 117 or other significant new 

information obtained under this Act, 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.

Application to Other Treaties and Conventions

16 U.S.C. 1383

Sec. 113. (a) [IN GENERAL; WAIVER OF PENALTIES.] — The provisions of this Act 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 Act in order to effect essential compliance with the regulatory provisions 

of this Act so as to reduce to the lowest practicable level the taking of marine mammals 

incidental to commercial fishing operations, section 105 of this Act may not apply to such 

persons.

(b) [REVIEW OF EFFECTIVENESS OF AGREEMENT ON THE CONSERVATION OF POLAR 

BEARS.] — Not later than 1 year after the date of enactment of the Marine Mammal 

Protection Act Amendments of 1994 [April 30, 1995], 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 12, 1995.

(d) [CONSULTATION REGARDING AGREEMENT ON THE CONSERVATION OF POLAR 

BEARS IN ALASKA AND IN RUSSIA; REPORT.] — Not later than 6 months after the date of 

enactment of the Marine Mammal Protection Act Amendments of 1994 [October 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 
Marine Mammal Commission

46

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.

Interim Exemption for Commercial Fisheries8

16 U.S.C. 1383a

Sec. 114. (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 the date of enactment of this section [November 23, 

1988] and until superseded by regulations prescribed under section 118, or until September 

1, 1995, whichever is earlier, except as provided in paragraph (2), the provisions of this 

section, rather than sections 101, 103, and 104, 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 204(b) of the Magnuson-Stevens Fishery Conservation and 

Management Act. 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) shall not govern the 

incidental taking of marine mammals in the course of commercial yellowfin tuna fishing 

subject to section 104(h)(2).

(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 the date of enactment of this section [January 23, 1989] 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 the date of enactment of this section [March 24, 1989] a final list of the fisheries 

and other information required by paragraph (A), together with a summary of the 

 

8 Section 114 governed the taking of marine mammals incidental to commercial fishing operations 

beginning in 1988 until superseded by implementation of section 118. In general, readers should 

refer to section 118, rather than section 114, concerning the Act’s provisions governing such taking.
The Marine Mammal Protection Act of 1972 as Amended

47

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), 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 

204(b) of the Magnuson-Stevens Fishery Conservation and Management Act.

(C) Notwithstanding any other provision of this Act, 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 the date of enactment of this section 

[July 22, 1989], 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).

(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—
Marine Mammal Commission

48

(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 possession9 of the master of the 

vessel,

and the master of any such vessel engaged in such fishery, shall be deemed to have violated 

this title, and shall be subject to the penalties of this Act except in the case of unknowing 

violations before January l, 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 title 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 title 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) 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.

 

9 As in original, probably intended to be “or is in the possession of the master....”
The Marine Mammal Protection Act of 1972 as Amended

49

(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), 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).

(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 
Marine Mammal Commission

50

fishing season, the Secretary shall implement the alternative observation program 

described in subsection (f) 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).

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).

(4) Information gathered by observers shall be subject to the provisions of subsection 

(j). Consistent with the requirements of paragraph (1), the Secretary shall, if requested by 

the Appropriate 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.
The Marine Mammal Protection Act of 1972 as Amended

51

(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 104 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). All information collected shall be subject to 

the provisions of subsection (j).

(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 SEVERE 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.
Marine Mammal Commission

52

(2) If the Secretary finds, based on the information received from the programs 

established under subsections (c), (d), (e), and (f), 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), 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) 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), 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).
The Marine Mammal Protection Act of 1972 as Amended

53

(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 104(h)(2), after October 1, 1993. Such guidelines shall be developed by the 

Commission and its Committee of Scientific Advisers10 on Marine Mammals and shall—

 

10 As in original probably intended to be “Advisors,” as used elsewhere in the Act.
Marine Mammal Commission

54

(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 Act; 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 104(h)(2), 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 

104(h)(2), 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
The Marine Mammal Protection Act of 1972 as Amended

55

(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 title.

(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 3(8) of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(8)).

(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, United States Code, or a fish processing vessel as defined in section 

2101(11b) of that title, which is engaged in fishery.11

(4) the term “vessel of the United States” has the same meaning as it does in section 

3(27) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

1802(27)).

Status Review; Conservation Plans

16 U.S.C. 1383b

Sec. 115. (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 

industry which might be affected by the determination, and from academic institutions. In 

 

11 As in original, probably intended to be “which is engaged in a fishery.”
Marine Mammal Commission

56

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 title.

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, United States Code, 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.
The Marine Mammal Protection Act of 1972 as Amended

57

(b) [CONSERVATION PLANS; PREPARATION AND IMPLEMENTATION.] —

(1) The Secretary shall prepare conservation plans—

(A) by December 31, 1989, for North Pacific fur seals;

(B) by December 31, 1990, for Steller sea lions; and

(C) as soon as possible, for any species or stock designated as depleted under this 

title, 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 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 

1533(f)).

(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 103(f) 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 118(f)(1), any conservation 

plan prepared under this subsection for such species or stock shall incorporate the take 

reduction plan required under section 118 for such species or stock.

Authorization of Appropriations

16 U.S.C. 1384

Sec. 116. (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 title (other than 

sections 117 and 118) and title IV, $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 117 and 118, $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 title, $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.
Marine Mammal Commission

58

Dolphin Protection12

16 U.S.C. 1385

Sec. [ ] (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 the 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 less than 3 days.

(d) LABELING STANDARD. —

(1) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) 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;

 

12 The Dolphin Protection Consumer Information Act, enacted as section 901 of Pub. L. 101-627, 

technically is not part of the Marine Mammal Protection Act. It, however, has been codified at 16 

U.S.C. 1385, as though it were.
The Marine Mammal Protection Act of 1972 as Amended

59

(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);

(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); and
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60

(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.

(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 5 of the Federal Trade Commission Act (15 U.S.C. 

45) 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); 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 5 of the Federal Trade Commission Act (15 U.S.C. 

45) 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) that is false is liable for a civil penalty of not 

to exceed $100,000 assessed in an action brought in any appropriate district court of the 

United States on behalf of the Secretary.

(f) REGULATIONS. — The Secretary, in consultation with the Secretary of the Treasury, 

shall issue regulations to implement this Act, including regulations to establish a domestic 

tracking and verification program that provides for the effective tracking of tuna labeled 

under subsection (d). 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:
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61

(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).

(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).

(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.

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 304(a) of the Marine Mammal 

Protection Act of 1972, 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 304(a) of the Marine Mammal Protection Act 

of 1972, 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.
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(h) CERTIFICATION BY CAPTAIN BY OBSERVER.—

(1) Unless otherwise required by paragraph (2), the certification by the captain under 

subsection (d)(2)(B)(i) and the certification provided by the observer as specified in 

subsection (d)(2)(B)(ii) 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) and the certification 

provided by the observer as specified under subsection (d)(2)(B)(ii) 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);

(B) after the effective date of such initial finding and before the effective date of 

the finding of the Secretary under subsection (g)(2), 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), where such 

finding is that the intentional deployment of or encirclement of dolphins is having a 

significant adverse impact on any such depleted stock.

Stock Assessments

16 U.S.C. 1386

Sec. 117. (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), 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;
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(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 101(b) 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 101(b).

(3) After consideration of the best scientific information available, the advice of the 

appropriate regional scientific review group established under subsection (d), 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.
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(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).

(d) REGIONAL SCIENTIFIC REVIEW GROUPS. —

(1) Not later than 60 days after the date of enactment of this section [June 29, 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 101(b). 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 101(b). — This section shall not affect or otherwise modify the 

provisions of section 101(b).
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65

Taking of Marine Mammals Incidental to

Commercial Fishing Operations

16 U.S.C. 1387

Sec. 118. (a) IN GENERAL. —

(1) Effective on the date of enactment of this section [April 30, 1994], and except as 

provided in section 114 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 204(b) 

of the Magnuson-Stevens Fishery Conservation and Management Act. 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 the date of 

enactment of this section [April 30, 2001].

(2) In the case of the incidental taking of marine mammals from species or stocks 

designated under this Act 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 101(a)(5)(E) of this Act shall apply.

(3) Sections 104(h) and title III, 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 101(c), the intentional lethal take of any marine 

mammal in the course of commercial fishing operations is prohibited.

(6) Sections 103 and 104 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 the date of enactment of this section [April 30, 2001].

(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 such date of enactment [April 30, 1997], 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.
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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).

(c) REGISTRATION AND AUTHORIZATION. —

(1) The Secretary shall, within 90 days after the date of enactment of this section [July 

29, 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 114(b)(1) 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 Act 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.
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67

(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 

204(b) of the Magnuson-Stevens Fishery Conservation and Management Act.

(C) Except as provided in subsection (a), an authorization granted under this 

section shall allow the incidental taking of all species and stocks of marine mammals to 

which this Act 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 114 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); 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 title, and for violations of clauses (i) and (ii) shall be subject to the 

penalties of this Act, and for violations of clause (iii) shall be subject to a fine of not 

more than $100 for each offense.
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(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 title 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 title for the incidental taking of marine mammals if such 

owner reports to the Secretary, in the form and manner required under subsection (e), 

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) 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 114 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 105 and 107, and may be subject to 

section 106.

(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.
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69

(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); 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 
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70

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).

(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 Act 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.
The Marine Mammal Protection Act of 1972 as Amended

71

(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), 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) 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 117. 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), 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 117(b) 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 117, 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) 
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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 117(b) for a strategic stock, the Secretary shall, and 

for stocks that interact with a fishery listed under subsection (c)(1)(A)(i) 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 117 for such stock and such stock interacts with a fishery listed under 

subsection (c)(1)(A) (i) or (ii), the following procedures shall apply in the development of 

the take reduction plan for the stock:
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73

(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 

117 for such stock and such stock interacts with a fishery listed under subsection (c)(1)(A) 

(i) or (ii), or for any marine mammal stocks which interact with a commercial fishery listed 

under subsection (c)(1)(A)(i) 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.
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(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
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75

(D) monitor, in accordance with subsection (d), 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 117(b)(3) 

by April 1, 1995, due to a proceeding under section 117(b)(2), 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 

117(b)(1) 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 

117(b)(3) 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 117(a)(5)(A) 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.

(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
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(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) 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), 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 
The Marine Mammal Protection Act of 1972 as Amended

77

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), any person who violates this 

section shall be subject to the provisions of sections 105 and 107, and may be subject to 

section 106 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 title.

(l) DEFINITIONS. — As used in this section and section 101(a)(5)(E), each of the terms 

“fishery” and “vessel of the United States” has the same meaning it does in section 3 of 

the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

Marine Mammal Cooperative Agreements in Alaska

16 U.S.C. 1388

Sec. 119. (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
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(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 116.

Pacific Coast Task Force; Gulf of Maine

16 U.S.C. 1389

Sec. 120. (a) PINNIPED REMOVAL AUTHORITY. — Notwithstanding any other provision 

of this Act, 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, representa-
The Marine Mammal Protection Act of 1972 as Amended

79

tives 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 Act; or
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(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 308(c) of the Interjurisdictional Fisheries 

Act of 1986 (16 U.S.C. 4107(c)) 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) REGION WIDE 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;
The Marine Mammal Protection Act of 1972 as Amended

81

(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).

(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 the date of enactment of this section [April 30, 1996], 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 117 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 118 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 118(f)(5)(A), but in no case may such modification extend the 

date of compliance beyond April 1, 1997.
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TITLE II—Marine Mammal Commission

Establishment of Commission

16 U.S.C. 1401

Sec. 201. (a) [DESIGNATION.] — There is hereby established the Marine Mammal 

Commission (hereafter referred to in this title 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 title 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, United States Code, 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, United States Code, 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, United States Code, 

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, United States Code. The Executive Director shall 

have such duties as the Chairman may assign.
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83

Duties of Commission

16 U.S.C. 1402

Sec. 202. (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, the Interim Convention on the Conservation of North Pacific Fur 

Seals, and the Fur Seal Act of 1966;

(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 Act, 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 4(c)(1) of the Endangered Species Act 

of 1973, 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 Act, 

including provisions for the protection of the Indians, Eskimos, and Aleuts whose 

livelihood may be adversely affected by actions taken pursuant to this Act.

(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 204, 

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, United States Code.

(d) [RECOMMENDATIONS; EXPLANATION FOR NON-ADOPTION.] — 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 
Marine Mammal Commission

84

Commission together with a detailed explanation of the reasons why those 

recommendations were not followed or adopted. 

Committee of Scientific Advisors 

On Marine Mammals

16 U.S.C. 1403

Sec. 203. (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 title 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, United States Code, 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, United States Code, for persons in Government service employed intermittently.

(c) [CONSULTATION WITH COMMISSION ON STUDIES AND RECOMMENDATIONS;

EXPLANATION FOR NON-ADOPTION.] — 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 

Act, 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.

Commission Reports

16 U.S.C. 1404

Sec. 204. The Commission shall transmit to Congress, by January 31 of each year, a report 

which shall include—

(1) a description of the activities and accomplishments of the Commission during the 

immediately preceding year; and

(2) all the findings and recommendations made by and to the Commission pursuant to 

section 202 of this Act together with the responses made to these recommendations.13

 

13 Although the Marine Mammal Commission continues to prepare an annual report, the

mandatory nature of this reporting requirement ceased on December 21, 1999, under section 3003 

of the Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104-66).
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85

Coordination with Other Federal Agencies

16 U.S.C. 1405

Sec. 205. 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 Act.

Administration of Commission

16 U.S.C. 1406

Sec. 206. The Commission, in carrying out its responsibilities under this title, 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, United States Code (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 title; 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.

Authorization of Appropriations

16 U.S.C. 1407

Sec. 207. There are authorized to be appropriated to the Marine Mammal Commission, for 

purposes of carrying out this title, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal 

year 1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal year 1997, $1,700,000 for 

fiscal year 1998, and $1,750,000 for fiscal year 1999.
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TITLE III—International Dolphin Conservation

Program

Findings and Policy

16 U.S.C. 1411

Sec. 301. (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.
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International Dolphin Conservation Program

16 U.S.C. 1412

Sec. 302. 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.
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Regulatory Authority of the Secretary

16 U.S.C. 1413

Sec. 303. (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 Act 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 morality 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;
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(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 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952).

(c) EMERGENCY REGULATIONS.–

(1) If the Secretary determines, on the basis of the best scientific information available 

(including research conducted under section 304 and information obtained under the 

International Dolphin Conservation Program) that the incidental mortality and serious 

injury of marine mammals authorized under this title 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 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 
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90

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.

Research

16 U.S.C. 1414

Sec. 304. (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.
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(4) REPORT.--No later than 90 days after publishing the finding under subsection (g)(2) 

of the Dolphin Protection Consumer Information Act, 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 Representative 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), 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 non-target 

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 non-target 

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):

(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.
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Reports by the Secretary

16 U.S.C. 1415

Sec. 305. Notwithstanding section 103(f), the Secretary shall submit annual reports to the 

Congress which include–

(1) results of research conducted pursuant to section 304;

(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 non-target 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 101(a)(2)(B) and section 101(d);

(6) copies of any relevant resolutions and decisions of the Inter-American Tropical 

Tuna Commission, and any regulations promulgated by the Secretary under this title; and

(7) any other information deemed relevant by the Secretary.

Permits

16 U.S.C. 1416

Sec. 306. (a) IN GENERAL.–

(1) Consistent with the regulations issued pursuant to section 303, 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 303, 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 authorization and issuing 

permits under this section.
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93

(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 307;

(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 307; 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 title or otherwise.
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Prohibitions

16 U.S.C. 1417

Sec. 307. (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 101(d)14, 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 title and regulations issued under pursuant to this 

title; 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 101(a)(2);

(4) for any person to violate any regulation promulgated under this title;

(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 Act; 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) shall be subject to a civil penalty under section 105(a).

(2) CRIMINAL PENALTY. — A person that knowingly and willfully violates subsection 

(a)(5) or (a)(6) shall be subject to a criminal penalty under section 105(b).

(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 310 of the 

Magnuson-Stevens Fishery Conservation and Management Act.

 

14 As in original, reference should be to subsection 101(e).
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95

TITLE IV—Marine Mammal Health and

Stranding Response

Establishment of Program

16 U.S.C. 1421

Sec. 401. (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 404.

Determination; Data Collection and Dissemination

16 U.S.C. 1421a

Sec. 402. (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; 
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(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.

Stranding Response Agreements

16 U.S.C. 1421b

Sec. 403. (a) IN GENERAL. — The Secretary may enter into an agreement under section 

112(c) with any person to take marine mammals under section 109(h)(1) in response to a 

stranding.

(b) REQUIRED PROVISION. — An agreement authorized by subsection (a) 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 112(c) 

that are entered into pursuant to this title, for performance adequacy and effectiveness.

Unusual Mortality Event Response

16 U.S.C. 1421c

Sec. 404. (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 
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(iii) developing the contingency plan in accordance with subsection (b), 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).

(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
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(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), 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 title.

Unusual Mortality Event Activity Funding

16 U.S.C. 1421d

Sec. 405. (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).

(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—
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(i) to compensate persons for special costs incurred in acting in accordance 

with the contingency plan issued under section 404(b) 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 

104(c)(2)(D); 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 THE 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).

(d) ACCEPTANCE OF DONATIONS. — For purposes of carrying out this title and section 

104(c)(2)(D), the Secretary may accept, solicit, and use the services of volunteers, and may 

accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.

Liability

16 U.S.C. 1421e

Sec. 406. (a) IN GENERAL. — A person who is authorized to respond to a stranding 

pursuant to an agreement entered into under section 112(c) is deemed to be an employee of 

the government for purposes of chapter 171 of title 28, United States Code, 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 404(b);

(B) the instructions of an Onsite Coordinator designated under section 404(c); 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) does not apply to actions of a person described in that 

subsection that are grossly negligent or that constitute willful misconduct.
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National Marine Mammal Tissue Bank and Tissue Analysis

16 U.S.C. 1421f

Sec. 407. (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.
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101

(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); and 

(3) marine mammal data in the data base maintained under subsection (c);

which provide for appropriate uses of the tissues, analyses, and data by qualified scientists, 

including stranding network participants.

John H. Prescott Marine Mammal Rescue Assistance

Grant Program15

16 U.S.C. 1421f-1

Sec. 408. (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 the date of the enactment of the Marine Mammal Rescue Assistance Act of 

2000 [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 410(6), 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.

 

15 This title may be cited as the Marine Mammal Rescue Assistance Act of 2000.
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102

(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 Act.

(2) SECRETARY. — The term “Secretary” has the meaning given that term in section 

3(12)(A).

(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.

Authorization of Appropriations

16 U.S.C. 1421g

Sec. 409. There is authorized to be appropriated—

(1) to the Secretary for carrying out this title (other than sections 405 and 407) $250,000 

for each of fiscal years 1993 and 1994;
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(2) to the Secretary for carrying out section 407, $250,000 for each of fiscal years 1993 

and 1994; and

(3) to the Fund, $500,000 for fiscal year 1993.

Definitions

16 U.S.C. 1421h

Sec. 410. In this title, the following definitions apply:

(1) The term “Fund” means the Marine Mammal Unusual Mortality Event Fund 

established by section 405(a).

(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 112(c) to take marine mammals as described in section 

109(h)(1) in response to a stranding.

(5) The term “Tissue Bank” means the National Marine Tissue Bank provided for 

under section 407(a).

(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.
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TITLE V—Polar Bears

Definitions

16 U.S.C. 1423

Sec. 501. In this title —

\

(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 the date of enactment of the United 

States-Russia Polar Bear Conservation and Management Act of 2006, 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.

Prohibitions

16 U.S.C. 1423a.

Sec. 502. (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);
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105

(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.

Administration

16 U.S.C. 1423b.

Sec. 503. (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 title or the Agreement.

(2) OTHER POWERS AND AUTHORITIES.—Any person authorized by the Secretary 

under this subsection to enforce this title or the Agreement shall have the authorities that 

are enumerated in section 6(b) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(b)).

(c) ENSURING COMPLIANCE.—

(1) TITLE I AUTHORITIES.—The Secretary may use authorities granted under title I 

for enforcement, imposition of penalties, and the seizure of cargo for violations under this 

title, 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 Act, 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 Act.

(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 Act shall be subject to seizure and forfeiture under section 106.
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106

(d) REGULATIONS.—

(1) IN GENERAL.—The Secretary shall promulgate such regulations as are necessary to 

carry out this title and the Agreement.

(2) ORDINANCES AND REGULATIONS.—If necessary to carry out this title 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 title, 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.

Cooperative Management Agreement;

Authority to Delegate Enforcement Authority

16 U.S.C. 1423c.

Sec. 504. (a) IN GENERAL.—The Secretary, acting through the Director of the United 

States Fish and Wildlife Service, may share authority under this title 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 119 for the 

conservation of polar bears;

(2) meaningfully monitor compliance with this title and the Agreement by Alaska 

Natives; and

(3) administer its co-management program for polar bears in accordance with—

(A) this title; and

(B) the Agreement.

Commission Appointments; 

Compensation, Travel Expenses and Claims

16 U.S.C. 1423d.

Sec. 505. (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.
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107

(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 title and the 

Agreement.

(d) COMPENSATION AND EXPENSES.—

(1) COMPENSATION.—A member of the United States section shall serve without 

compensation.
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(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, United States Code, 

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, United States Code, relating to claims against the United States and tort claims 

procedure, be considered to be a Federal agency.

Votes Taken by the United States 

Section on Matters before the Commission

16 U.S.C. 1423e.

Sec. 506. 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.

Implementation of Actions

Taken by the Commission

16 U.S.C. 1423f.

Sec. 507. (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.

Application with Other Titles of Act 

16 U.S.C. 1423g.

Sec. 508. (a) IN GENERAL.—The authority of the Secretary under this title is in addition 

to, and shall not affect—

(1) the authority of the Secretary under other titles of this Act or the Lacey Act 

Amendments of 1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives under 

section 101(b) of this Act as applied to other marine mammal populations; or

(2) the authorities provided under title II of this Act.

(b) CERTAIN PROVISIONS INAPPLICABLE.—The provisions of titles I through IV of 

this Act do not apply with respect to the implementation or administration of this Act, 

except as specified in section 503.
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109

Authorization of Appropriations

16 U.S.C. 1423h.

Sec. 509. (a) IN GENERAL.—There are authorized to be appropriated to the Secretary to 

carry out the functions and responsibilities of the Secretary under this title 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 $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 title and the Agreement in Alaska 

$150,000 for each of fiscal years 2006 through 2010.
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Notes

Certain provisions of law, although not codified, are linked to statutes set forth in the 

United States Code. These provisions may be included in the codified version of the statute 

as notes. Oftentimes provisions with note status will have a limited period of effectiveness 

which does not warrant their codification. Selected notes associated with the Marine 

Mammal Protection Act are set forth below. For a complete listing of notes associated with 

the Act, the reader should consult the annotated version of the United States Code.

16 U.S.C. 1361 note

The following section 7 of Pub. L. 100-711, enacted November 23, 1988, has not been 

codified.

Study on Mortality of Atlantic Dolphin

Sec. 7. (a) The Secretary of Commerce shall conduct a study regarding the east coast 

epidemic during 1987 and 1988 which has caused substantial mortality within the North 

Atlantic coastal population of Atlantic bottle-nosed dolphin. The study shall examine—

(1) the cause or causes of the epidemic;

(2) the effect of the epidemic on coastal and offshore populations of Atlantic 

bottle-nosed dolphin;

(3) the extent to which pollution may have contributed to the epidemic;

(4) whether other species and populations of marine mammals were affected by those 

factors which contributed to the epidemic; and

(5) any other matters pertaining to the causes and effects of the epidemic.

(b) On or before January 1, 1989, 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 plan for conducting the study 

required in subsection (a).

16 U.S.C. 1361 note

The following section 306 of Pub. L. 102-567, enacted October 29, 1992, has not been 

codified.

Study on Effects of Dolphin Feeding

Sec. 306. (a) STUDY. — The Secretary of Commerce shall conduct a study in the eastern 

Gulf of Mexico on the effects of feeding of noncaptive dolphins by human beings. The 

study conducted pursuant to this section shall 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.
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111

(b) EXTERNAL REVIEW. — In design and conduct of the study required under subsection 

(a), the Secretary shall consult with the National Academy of Sciences and the Marine 

Mammal Commission.

(c) REPORT. — Within 18 months after the date of the enactment of this Act [April 29, 

1994], the Secretary 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 on the results of the study conducted pursuant to 

subsection (a).

16 U.S.C. 1361 note

The following section 14 of Pub. L. 103-238, enacted April 30, 1994, has not been 

codified.

Indian Treaty Rights; Alaska Native Subsistence.

Sec. 14. Nothing in this Act [the Marine Mammal Protection Act Amendments of 1994], 

including any amendments to the Marine Mammal Protection Act of 1972 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 [see section 101(b)].

16 U.S.C. 1361 note

The following section of Pub. L. 105-42, enacted August 15, 1997, has not been codified.

Sec. 2. (a) PURPOSES. — The purposes of this Act 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—
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(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 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.

16 U.S.C. 1373 note

The following section 1101 of Pub. L. 101-627, enacted November 28, 1990, has not been 

codified.

Report on Marine Mammal Populations

Sec. 1101. The Secretary of Commerce, in consultation with the Secretary of the Interior, 

shall provide to the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Merchant Marine and Fisheries of the House of Representatives 

within 12 months after the date of enactment of this Act [November 28, 1991] a report—

(1) 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, which assessment shall 

include the historic, present, and projected population sizes and the overall health of 

current populations of such marine mammals;

(2) assessing the effectiveness of sections 101(a)(3)(A) and 109(h) of the Marine 

Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(3)(A) and 109(h)) with particular 

emphasis on the management of the lower Columbia River and Puget Sound marine 

mammal populations, which assessment shall describe how the agencies are interpreting 

and implementing such sections, how often such sections have been invoked, and whether 

such sections have been effective in the management of marine mammal populations and 

in responding to the problems which such sections were intended to address; and

(3) specifying long range management plans for the species of marine mammals listed 

in paragraph (1).
The Marine Mammal Protection Act of 1972 as Amended

113

16 U.S.C. 1374 note

The following section 5(c) of Pub. L. 103-238, enacted April 30, 1994, has not been 

codified.

Permits

Sec. 5. (c) EXISTING PERMITS. — 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 [April 30, 1994] is hereby modified to be consistent with that section 

as amended by this Act.

16 U.S.C. 1379 note

The following section 4(b) of Pub. L. 97-58, enacted October 9, 1981, does not amend the 

Act, but should be linked with it.

State Management

Sec. 4. (b) NO EFFECT ON CERTAIN COOPERATIVE AGREEMENTS. — Nothing in the 

amendments made by subsection (a) 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 [October 9, 1981].

16 U.S.C. 1421 note

The following section 3002 of Pub. L. 102-587, enacted November 4, 1992, has not been 

codified.

Findings

Sec. 3002. 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.
Marine Mammal Commission

114

(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.

16 U.S.C. 1421a note

The following section 3003(b), of Pub. L. 102-587, enacted November 4, 1992, has not 

been codified.

Marine Mammal Health and Stranding Response Program

Sec. 3003. (b) IMPLEMENTATION. — The Secretary of Commerce shall—

(1) in accordance with section 302 (a) and (b) of the Marine Mammal Protection Act of 

1972, as amended by this Act, and not later than 24 months after the date of enactment of 

this Act [November 4, 1994]—

(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) of the Marine Mammal Protection Act of 1972, 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 [June 4, 1994]; and

(B) in final form by not later than 24 months after the date of enactment of this Act 

[November 4, 1994].
The Marine Mammal Protection Act of 1972 as Amended

115

Other Statutory Provisions

Related to Marine Mammals

National Whale Conservation Fund Act

16 U.S.C. 3703

The following provision was enacted October 21, 1998, as Title IX, section 902, of Pub. 

L. 105-277.

Sec. 901. SHORT TITLE. — This title may be cited as the “National Whale Conservation 

Fund Act of 1998”.

Sec. 902. FINDINGS. — Congress finds that—

(1) the populations of whales that occur in waters of the United States are resources 

of substantial ecological, scientific, socioeconomic, and esthetic value;

(2) whale populations—

(A) form a significant component of marine ecosystems;

(B) are the subject of intense research;

(C) provide for a multimillion dollar whale watching tourist industry that 

provides the public an opportunity to enjoy and learn about great whales and the 

ecosystems of which the whales are a part; and

(D) are of importance to Native Americans for cultural and subsistence purposes;

(3) whale populations are in various stages of recovery, and some whale populations, 

such as the northern right whale (Eubaleana glacialis) remain perilously close to 

extinction;

(4) the interactions that occur between ship traffic, commercial fishing, whale 

watching vessels, and other recreational vessels and whale populations may affect whale 

populations adversely;

(5) the exploration and development of oil, gas, and hard mineral resources, marine 

debris, chemical pollutants, noise, and other anthropogenic sources of change in the 

habitat of whales may affect whale populations adversely;

(6) the conservation of whale populations is subject to difficult challenges related 

to—

(A) the migration of whale populations across international boundaries;

(B) the size of individual whales, as that size precludes certain conservation 

research procedures that may be used for other animal species, such as captive 

research and breeding;
Marine Mammal Commission

116

(C) the low reproductive rates of whales that require long-term conservation 

programs to ensure recovery of whale populations; and

(D) the occurrence of whale populations in offshore waters where undertaking 

research, monitoring, and conservation measures is difficult and costly;

(7) (A) the Secretary of Commerce, through the Administrator of the National 

Oceanic and Atmospheric Administration, has research and regulatory responsibility for 

the conservation of whales under the Marine Mammal Protection Act of 1972 (16 U.S.C. 

1361 et seq.); and 

(B) the heads of other Federal agencies and the Marine Mammal Commission 

established under section 201 of the Marine Mammal Protection Act of 1972 (16 

U.S.C. 1401) have related research and management activities under the Marine 

Mammal Protection Act of 1972 or the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.);

(8) the funding available for the activities described in paragraph (8)16 is insufficient 

to support all necessary whale conservation and recovery activities; and

(9) there is a need to facilitate the use of funds from non-Federal sources to carry out 

the conservation of whales.

Sec. 903. NATIONAL WHALE CONSERVATION FUND. — Section 4 of the National Fish 

and Wildlife Establishment Act (16 U.S.C. 3703) is amended by adding at the end the 

following:

“(f)(1) In carrying out the purposes under section 2(b), the Foundation may establish a 

national whale conservation endowment fund, to be used by the Foundation to support 

research, management activities, or educational programs that contribute to the 

protection, conservation, or recovery of whale populations in waters of the United States.

“(2)(A) In a manner consistent with subsection (c)(1), the Foundation may–

“(i) accept, receive, solicit, hold, administer, and use any gift, devise, or 

bequest made to the Foundation for the express purpose of supporting whale 

conservation; and

“(ii) deposit in the endowment fund under paragraph (1) any funds made 

available to the Foundation under this subparagraph, including any income or 

interest earned from a gift, devise, or bequest received by the Foundation under 

this subparagraph.

“(B) To raise funds to be deposited in the endowment fund under paragraph (1), 

the Foundation may enter into appropriate arrangements to provide for the design, 

copyright, production, marketing, or licensing, of logos, seals, decals, stamps, or any 

other item that the Foundation determines to be appropriate.

“(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in 

the endowment fund under paragraph (1) any amount (or portion thereof) received by 

 

16 As in original, probably intended to be paragraph (7).
The Marine Mammal Protection Act of 1972 as Amended

117

the Secretary under section 105(a)(1) of the Marine Mammal Protection Act of 1972 

(16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the Secretary under that section.

“(ii) The Directors of the Board shall ensure that any amounts transferred to the 

Foundation under clause (i) for the endowment fund under paragraph (1) are 

deposited in that fund in accordance with this subparagraph.

“(3) It is the intent of Congress that in making expenditures from the endowment 

fund under paragraph (1) to carry out activities specified in that paragraph, the 

Foundation should give priority to funding projects that address the conservation of 

populations of whales that the Foundation determines —

“(A) are the most endangered (including the northern right whale (Eubaleana 

glacialis)); or

‘(B) most warrant, and are most likely to benefit from, research management, or 

educational activities that may be funded with amounts made available from the fund.

“(g) In carrying out any action on the part of the Foundation under subsection (f), the 

Directors of the Board shall consult with the Administrator of the National Oceanic and 

Atmospheric Administration and the Marine Mammal Commission.”

Study of Eastern Gray Whale Population

16 U.S.C. 917a note

The following section 203 of Pub. L. 106-555 (the Striped Bass Conservation, Atlantic 

Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000), 

enacted December 21, 2000, has not been codified.

Sec. 203. (a) STUDY. — Not later than 180 days after the date of the enactment of this 

Act and subject to the availability of appropriations, the Secretary of Commerce shall 

initiate a study of the environmental and biological factors responsible for the significant 

increase in mortality events of the eastern gray whale population and other potential 

impacts these factors may be having on the eastern gray whale population.

(b) CONSIDERATION OF WESTERN POPULATION INFORMATION. — The Secretary 

should ensure that, to the greatest extent practicable, information from current and future 

studies of the western gray whale population is considered in the study under this section, 

so as to better understand the dynamics of each population and to test different 

hypotheses that may lead to an increased understanding of the mechanism driving their 

respective population dynamics.

(c) AUTHORIZATION OF APPROPRIATIONS. — In addition to other amounts authorized 

under this title, there are authorized to be appropriated to the Secretary to carry out this 

section—

(1) $290,000 for fiscal year 2001; and

(2) $500,000 for each of fiscal years 2002 through 2004.
Marine Mammal Commission

118

Cook Inlet Beluga Whales

The following provision, enacted as section 3022 of Pub. L. 106-31 on May 21, 1999, and 

amended by Appendix B, section 627 of Pub. L. 106-553 on December 21, 2000, has not 

been codified.

Notwithstanding any other provision of law, the taking of a Cook Inlet beluga whale 

under the exemption provided in section 101(b) of the Marine Mammal Protection Act 

(16 U.S.C. 1371(a)) shall be considered a violation of such Act unless such taking occurs 

pursuant to a cooperative agreement between the National Marine Fisheries Service and 

affected Alaska Native organizations.

Endnotes for The Marine Mammal Protection Act

of 1972 as Amended

 

i The Act (Pub. L. 92-522), approved October 21, 1972, has been amended also by Pub. L. 

93-205 (the Endangered Species Act), December 28, 1973; Pub. L. 94-265 (the 

Magnuson-Stevens Fisheries Conservation and Management Act), April 13, 1976; Pub. L. 

95-136, October 18, 1977; Pub. L. 95-316, July 10, 1978; Pub. L. 96-470 (the 

Congressional Reports Elimination Act of 1980), October 19, 1980; Pub. L. 97-58, 

October 9, 1981; Pub. L. 97-389 (the Fisheries Amendments of 1982), December 29, 1982; 

Pub. L. 98-364, July 17, 1984; Pub. L. 99-659, November 14, 1986; Pub. L. 100-711 (the 

Marine Mammal Protection Act Amendments of 1988), November 23, 1988; Pub. L. 

101-627 (the Fishery Conservation Amendments of 1990), November 28, 1990; Pub. L. 

102-251, March 9, 1992; Pub. L. 102-523 (the International Dolphin Conservation Act of 

1992), October 26, 1992; Pub. L. 102-582 (the High Seas Driftnet Fisheries Enforcement 

Act), November 2, 1992; Pub. L. 102-587 (the Oceans Act of 1992), November 4, 1992; 

Pub. L. 103-86, September 30, 1993; Pub. L. 103-228, March 31, 1994; and Pub. L. 

103-238 (the Marine Mammal Protection Act Amendments of 1994), April 30, 1994; Pub. 

L. 104-43 (the Fisheries Act of 1995), November 3, 1995; Pub. L. 104-208, September 30, 

1996; Pub. L. 104-297 (the Sustainable Fisheries Act), October 11, 1996; Pub. L. 105-18,

June 12, 1997; Pub. L. 105-42 (the International Dolphin Conservation Program Act), 

August 15, 1997; Pub. L. 105-277, October 21, 1998; Pub. L. 106-31, May 21, 1999; Pub. 

L. 106-113, November 29, 1999; Pub. L. 106-555 (the Striped Bass Conservation, Atlantic 

Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000), 

December 21, 2000. Pub. L. 108-108, November 10, 2003 (Department of the Interior and 

Related Agencies Appropriations Act, 2004); Pub. L. 108-136, November 24, 2003 

(National Defense Authorization Act for Fiscal Year 2004; and Pub. L. 109-479, January 

12, 2007 (United States-Russia Polar Bear Conservation and Management Act of 2006).

ii The provision concerning the disposition of fines, enacted as part of Pub. L. 106-113, 

Div. B, section 1000(a)(3), technically is not part of the Marine Mammal Protection Act. 

It, however, has been codified at 16 U.S.C. 1375a as though it were.

iii The Dolphin Protection Consumer Information Act, enacted as section 901 of Pub. L. 

101-627, technically is not part of the Marine Mammal Protection Act. It, however, has 

been codified at 16 U.S.C. 1385 as though it were.