survival of a species or stock as provided for
under subsection 104(c); and’’.
(b) PERMITS.—Section 104 (16 U.S.C. 1374) is
amended—
(1) in subsection (a) by inserting ‘‘except for
the incidental taking of marine mammals in the
course of commercial fishing operations’’ before the
period at the end;
(2) in subsection (c)—
(A) in paragraph (1) in the first sentence
by striking ‘‘and after’’;
(B) by amending paragraph (2) to read as
follows:
‘‘(2)(A) A permit may be issued to take or im-
port a marine mammal for the purpose of public dis-
play only to a person which the Secretary deter-
mines—
‘‘(i) offers a program for education or con-
servation purposes that is based on profes-
sionally recognized standards of the public dis-
play community;
‘‘(ii) is registered or holds a license issued
under 7 U.S.C. 2131; and
‘‘(iii) maintains facilities for the public dis-
play of marine mammals that are open to the
public on a regularly scheduled basis and that
access to such facilities is not limited or re-
stricted other than by charging of an admission
fee.
‘‘(B) A permit under this paragraph shall grant
to the person to which it is issued the right, without
obtaining any additional permit or authorization
under this Act, to—
‘‘(i) take, import, purchase, offer to pur-
chase, possess, or transport the marine mam-
mal that is the subject of the permit; and
‘‘(ii) sell, export, or otherwise transfer pos-
session 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 re-
search, to a person that meets the require-
ments 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 require-
ments 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 author-
ity of subparagraph (B) shall have the rights and re-
sponsibilities described in subparagraph (B) with re-
spect 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 sur-
vival or recovery of a species or stock, the re-
sponsibility to meet the requirements of para-
graph (4).
‘‘(D) If the Secretary—
‘‘(i) finds in concurrence with the Sec-
retary 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 require-
ments of subparagraph (A)(ii) and is not rea-
sonably likely to meet those requirements in the
near future, or
‘‘(ii) finds that a person that holds a per-
mit under this paragraph for a marine mam-
mal, or a person exercising rights under sub-
paragraph (C), no longer meets the require-
ments 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 ma-
rine 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.
‘‘(E) No marine mammal held pursuant to a
permit issued under subparagraph (A), or by a per-
son 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 en-
hancing the survival or recovery of a species or
stock. The Secretary may only require the notifica-
tion to include the information required for the in-
ventory established under paragraph (10).’’;
(C) by amending paragraph (3) to read as
follows:
‘‘(3)(A) The Secretary may issue a permit
under this paragraph for scientific research purposes
that may result in a taking of a marine mammal to
an applicant which submits with its permit applica-
tion information indicating that the taking is re-
quired 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 pe-
riod required under subsection (d)(2) if delaying is-
suance of the permit could result in harm to a spe-
cies, population, 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 ma-
rine 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,