An Act to protect marine mammals to establish a Marine Mammal Commission and for other purposes
PL 92-522 (H.R.10420), enacted 10/21/1972

86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1027 
Public Law 92-522 
A N A C T 
October 21, 1972 
To protect marine mammals; to establish a Marine Mammal Commission; and 
[ H . R . IO420] 
for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asseiribled^ That this Act, with ^
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^ 
the following table of contents, may be cited as the "Marine Mammal fgya 
Protection Act of 1972". 
Marine Mammal 
Protection Act of 
TABLE OF CONTENTS 
Sec. 2. Findings and declaration of i>olicy. 
Sec. 3. Definitions. 
Sec. 4. Effective date. 
TITLE I—CONSERVATION AND PROTECTION OF MARINE MAMMALS 
Sec. 101. Moratorium and exceptions. 
Sec. 102. Prohibitions. 
Sec. 103. Regulations on taking of marine mammals. 
Sec. 104. Permits. 
Sec. 105. Penalties. 
Sec. 106. Vessel fine, cargo forfeiture, and rewards. 
Sec. 107. Enforcement. 
Sec. 108. International program. 
Sec. 109. Federal cooperation with States. 
Sec. 110- Marine mammal research grants. 
Sec. 111. Commercial fisheries gear development. 
Sec. 112. Regulations and administration. 
Sec. 113. Application to other treaties and conventions; repeal. 
Sec. 114. Authorization of appropriations. 
TITLE II—MARINE MAMMAL COMMISSION 
Sec. 201. Esitablishment of Commission. 
Sec. 202. Duties of Commission. 
Sec. 203. Committee of Scientific Advisors on Marine Mammals. 
Sec. 204. Commission reports. 
Sec. 205. Coordination with other Federal agencies. 
Sec. 206. Administration of Commission. 
Sec. 207. Authorization of appropriations. 
FINDINGS AND DECLARATION OF POLICY 
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 popula-
tion. In particular, efforts should be made to protect 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 popula-
tion 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 
1028 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
(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 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 
k : 
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 main-
tain the health and stability of the marine ecosystem. Whenever 
consistent with this primary objective, it should be the ^oal to 
obtain an optimum sustainable population keeping in mmd the 
otpimum carrying capacity of the habitat. 
DEFINITIONS 
- 
• 
SEC. 3. For the purposes of this Act— 
(1) The term "depletion" or "depleted" means any case in which the 
Secretary, after consultation with the Marine Mammal Commission 
and the Committee of Scientific Advisors on Marine Mammals estab-
lished under title I I of this Act, determines that the number of indi-
viduals within a species or population stock— 
(A) has declined to a significant degree over a period of ;7ears; 
(B) has otherwise declined and that if such decline continues, 
or is likely to resume, such species would be subject to the pro-
83*81^*^283^^' 
visions of the Endangered Species Conservation Act of 1969; or 
16 use 668aa 
(C) is below the optimum carrying capacity for the species or 
"°** • 
stock within its environment. 
(2) The terms "conservation" and "management" mean the collec-
tion and application of biological information for the purposes of 
increasing and maintaining the number of animals within species and 
populations of marine mammals at the optimum carrying capacity of 
their habitat. Such terms include the entire scope of activities that con-
stitute a modem 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 popula-
tions 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 Cour't 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 pos-
sible degree of pain and suffering practicable to the mammal involved. 
(5) The term "marine mammal" means anj 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, 
(6) The term "marine mammal product" means any item of mer-
chandise which consists, or is composed in whole or in part, of any 
marine mammal. 
86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1029 
(7) 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 prod-
ucts, except as provided in this Act. 
(8) The term "optimum carrying capacity" means the ability of a 
given habitat to support the optimum sustainable population of a 
species or population stock in a healthy state without diminishing the 
ability of the habitat to continue that function. 
(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 optimum 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) The term "Secretary" means— 
(A) 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 
(B) 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. 
(13) The term "take" means to harass, hunt, capture, or kill, or 
attempt to harass, hunt, capture, or kill any marine marmnal. 
(14) The term "United States" includes the several States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, 
the possessions of the United States, and the Trust Territory of the 
Pacific Islands. 
(15) The term "waters under the jurisdiction of the United States" 
means— 
(A) the territorial sea of the United States, and 
(B) the fisheries zone established pursuant to the Act of Octo-
ber 14,1966 (80 Stat. 908; 16 U.S.C. 1091-1094). 
EFFECTIVE DATE 
SEC. 4. The provisions of this Act shall take effect upon the expira-
tion of the sixty-day period following the date of its enactment. 
TITLE I—CONSERVATION^ AND PROTECTION OF 
' ' 
MARINE MAMMALS 
MORATORIUM AND EXCEPTIONS 
SEC. 101. (a) There shall be a moratorium on the taking and 
importation of marine mammals and marine mammal products, com-
mencing 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) Permits may be issued by the Secretary for taking and 
importation for purposes of scientific research and for public 
display if— 
1030 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
Commercial 
fishing opera-
tions. 
Incidental 
killing or injury, 
restriction. 
Waiver. 
Regulations; 
permit require-
ment. 
(A) the taking proposed in the application for any such 
permit, or 
(B) the importation proposed to be made, 
is first reviewed by the Marine Mammal Commission and the 
Committee of Scientific Advisors on Marine Mammals established 
under title I I of this Act. The Commission and Committee shall 
recommend any proposed taking or importation which is con-
sistent with the purposes and policies of section 2 of this Act. 
The Secretary shall, if he grants approval for importation, issue 
to the importer concerned a certificate to that effect which shall 
be in such form as the Secretary of the Treasury prescribes and 
such importation may be made upon presentation of the certificate 
to the customs officer concerned. 
(2) During the twenty-four calendar months initially follow-
ing the date of the enactment of this Act, the taking of marine 
mammals incidental to the course of commercial fishing opera-
tions shall be permitted, and shall not be subject to the provisions 
of sections 103 and 104 of this title: Provided^ That such taking 
conforms to such conditions and regulations as the Secretary is 
authorized and directed to impose pursuant to section 111 hereof 
to insure that those techniques and equipment are used which will 
produce the least practicable hazard to marine mammals in such 
commercial fishing operations. Subsequent to such twenty-four 
months, marine mammals may be taken incidentally in the course 
of commercial fishing operations and permits may be issued 
thereof pursuant to section 104 of this title, subject to regulations 
prescribed by the Secretary in accordance with section 103 hereof. 
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 insignif-
icant levels approaching a zero mortality and serious injury 
rate. The Secretary shall request the Committee on Scientific 
Advisors on Marine Mammals to prepare for public dissemina-
tion detailed estimates of the numbers of mammals killed or 
seriously injured under existing commercial fishing technology 
and under the technology which shall be required subsequent to 
such twenty-four-month period. 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. The Secretary 
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 LTnited States. 
(3) (A) The Secretary, on the basis of the best scientific evidence 
available and in consultation with the Marine Mammal Commis-
sion, 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 sec-
tions 102, 103,104, and 111 of this title permitting and governing 
such taking and importing, in accordance with such determina-
tions: Provided^ however^ That the Secretary, in making such 
determinations, must be assured that the taking of such marine 
86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1031 
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 as provided for in 
paragraph (1) of this subsection, during the moratorium no 
permit may be issued for the taking of any marine mammal which 
is classified as belonging to an endangered species pursuant to 
the Endangered Species Conservation Act of 1969 or has been 
designated by the Secretary as depleted, and no importation may 
be made of any such mammal. 
(b) The provisions of this Act shall not apply with respect to the 
taking of any marine mammal by any Indian, Aleut, or Eskimo who 
dwells on the coast of the North Pacific Ocean or the Arctic Ocean if 
such taking— 
(1) is for subsistence purposes by Alaskan natives who reside in 
Alaska, or 
(2) is done for purposes of creating and selling authentic native 
articles of handicrafts and clothing: Provided, That only authen-
tic native articles of handicrafts and clothing may be sold in 
intei-state 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 with-
out the use of pantographs, multiple carvers, or other mass copy-
ing 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 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 of this 
title and shall be removed as soon as the Secretary determines that the 
need for their imposition has disappeared. 
(c) In order to minimize undue economic hardship to persons subject 
to this Act, other than those engaged in commercial fishing operations 
referred to in subsection (a) (2) of this section, the Secretary, upon any 
such person filing an application with him and upon filing such infor-
mation as the Secretary may require showing, to his satisfaction, such 
hardship, may exempt such person or class of persons from provisions 
of this Act for no more than one year from the date of the enactment of 
this Act, as he determines to be appropriate. 
Endangered 
species. 
80 Stat. 926; 
83 Stat. 283. 
16 u s e 668aa 
note. 
Alaskan 
natives, exemp-
tions. 
"Authenic 
native articles 
of handicrafts 
and clothing." 
Depleted 
species or 
stocks, regula-
tions. 
2-081 0 - 7 3 - 6 8 
1032 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
PROHIBITIONS 
SEC. 102. (a) Except as provided in sections 101, 103, 104, 111, and 
113 of this title, 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 hig:h seas; 
(2) except as expressly provided for by an international treaty, 
convention, or agreement to which the United States is a party 
^^^ , 
and which was entered into before the effective date of this title 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 juris-
•'. 
• . 
diction of the United States; or 
• ' 
' 
• 
^ 
(B) for any person to use any port, harbor, or other place 
under the jurisdiction of the LTnited States for any purpose in 
• 
' 
any way connected with the taking or importation of marine 
^, 
mammals or marine mammal products; and 
(3) for any person, with respect to any marine mammal taken 
j^.- 
in violation of this title— 
., , . 
^ 
(A) to possess any such mammal; or 
«»/iiiij; 
(B) to transport, sell, or offer for sale any such mammal or 
any marine mammal product made from any such mammal; 
and 
(4) for any person to use, in a commercial fishery^ 'any means or 
methods of fishing in contravention of any regulations or limita-
tions, issued by the Secretary for that fishery to achieve the pur-
poses of this Act. 
(b) Except pursuant to a permit for scientific research issued under 
, 
section 104(c) of this title, it is unlawful to import into the United 
States any marine mammal if such mammal was— 
(1) pregnant at the time of taking; 
(2) nursing at the time of taking, or less than eight months old, 
., J whichever occurs later; 
(3) taken from a species or population stock which the Secre-
tary has, by regulation published in the Federal Register, desig-
nated as a depleted species or stock or which has been listed as 
endangered under the Endangered Species Conservation Act of 
80 Stat. 926; 
1969; or 
^^e'usc ^688aa 
^'^) ^akeu in a manner deemed inhumane by the Secretary, 
note. 
(c) Tt is unlawful to import into the United States any of the 
following: 
.., 
(1) Any marine mammal which was— 
(A) taken in violation of this title; 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 
v-r*; 
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 pro-
scribed for persons subject to the jurisdiction of the United States, 
whether or not any marine mammals w^ere in fact taken incident 
to the catching of the fish. 
Nonappiica- 
((J) Subsectious (b) and (c) of this section shall not apply— 
^^^^^^- 
(1) in the case of marine mammals or marine mammal prod-
86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1033 
nets, 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 Ee^is-
ter of his proposed rulemaking with respect to the desi<?nation of 
.?,. - -
the species or stock concerned as depleted or endangered; 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 prod-
ucts unlawful, 
(e) This Act shall not apply with respect to any marine mammal 
taken before the effective date of this Act, or to any marine mammal 
product consisting of, or composed in whole or in part of, any marine 
mammal taken before such date. 
REGULATIONS ON TAKING OF MARINE MAMMALS 
- H 
SEC. 103. (a) The Secretary, on the basis of the best scientific evi-
dence available and in consultation with the Marine Mammal Com-
mission, 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 popula-
tion 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) In prescribing such i-egulations, 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 consid-
erations ; 
(4) the conservation, development, and utilization of fishery 
resources; and 
(5) the economic and technological feasibility of implementa-
tion. 
(c) The regulations prescribed under subsection (a) of this section 
for any species or population stock of marine mammal may include, 
but are not limited to, restrictions with respect to— 
(1) the number of animals which may be taken or imported in 
any calendar year pursuant to permits issued under section 104 
of this title; 
(2) the age, size, or sex (or any combination of the foregoing) 
of animals which may be taken or imported, whether or not a 
quota prescribed under paragraph (1) of this subsection applies 
with respect to such animals; 
(3) the season or other period of time within which animals 
may be taken or imported; 
(4) the manner and locations in which animals may be taken or 
imported; and 
(5) fishing techniques which have been found to cause undue 
fatalities to any species of marine mammal in a fishery. 
(d) Regulations prescribed to carry out this section with respect to 
Moratorium 
any species or stock of marine mammals must be made on the record '^^'''^''' hearing. 
after opportunity for an agency hearing on both the Secretary's deter-
1034 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
Regulatory 
statements and 
studies, publica-
tion. 
Review. 
Report to Con-
gress; publication 
in Federal Regis-
ter. 
mination to waive the moratorium pursuant to section 101(a) (3) (A) 
of this title and on such regulations, except that, in addition to any 
other requirements imposed by law with respect to agency rulemaking, 
the Secretary shall publish and make available to the public either 
before or concurrent with the publication of notice in the Federal 
Register of his intention to prescribe regulations under this section— 
(1) a statement of the estimated existing levels of the species 
and population stocks of the marine mammal concerned; 
(2) a statement of the expected impact of the proposed regula-
tions 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 recommen-
dations made by or for the Secretary or the Marine Mammal 
Commission which relate to the establishment of such regulations. 
(e) 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) Within six months after the effective date of this Act 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. 
Importation for 
display or re-
search. 
PERMITS 
SEC. 104. (a) The Secretary may issue permits which authorize the 
taking or importation of any marine mammal. 
(b) Any permit issued under this section shall— 
(1) be consistent with any applicable regulation established by 
the Secretary vmder section 103 of this title, and 
(2) specify— 
{•' 
(A) the number and kind of animals which are autliorized 
to be taken or imported, 
fi+'!.' . 
(B) the location and manner (which manner must be deter-
mined 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) Any permit issued by the Secretary which authorizes the taking 
or importation of a marine mammal for purposes of display or scien-
tific research shall specify, in addition to the conditions i-equired by 
subsection (b) of this section, the methods of capture, supervision, 
86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1035 
care, and transj^ortation which must be observed pursuant to and after 
such taking or importation. Any person authorized to take or import 
Repo't-
a marine mammal for purposes of dispLay or scientific research sliall 
furnish to the Secretary a report on all activities carried out by him 
pursuant to that authority. 
(d) (1) The Secretary shall prescribe such procedures as iwa neces- 
Application 
sary to carry out this section, including the form and manner in which P'"°'=^'^"'"^^-
application for permits may be made. 
(2) The Secretary shall publish notice in the Federal Register of 
Notice, pubii-
eacli application made for a permit under this section. Such notice erii°Re'gister. 
shall invite the submission from interested parties, Avithin thirty days 
after the date of the notice, of written data or views, wdth respect to the 
taking or importation proposed in such application, 
(3) The applicant for any permit under this section must demon-
strate 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 
>
"
^ 
of this title. 
(4) If within thirty days after the date of publication of notice 
Hearing, 
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 therewithj the Secretary may, wdthin 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 
Publication in 
to deny any permit under this paragraph must be published in the 
^^^^^ agister. 
Federal Register within ten days after the date of issuance or denial. 
(6) Any applicant for a permit, or any party opposed to such 
Judicial 
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 
s'us'c'yof 
^" 
for review in the United States district court for the district wherein 
the applicant for a permit resides, or has his principal place of busi-
ness, or in the United States District Court for the District of 
Columbia, within sixty days after the date on which such permit 
is issued or denied. 
(e) (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 Avith any 
change made after the date of issuance of such permit with 
respect to any applicable regulation prescribed under section 
103 of this title, or 
(B) in any case in which a violation of the terms and conditions 
of the permit is found, 
(2) Whenever the Secretary shall propose any modification, suspen- 
"^^""B-
sion, or revocation of a permit under this subsection, the permittee 
shall be afforded opportunity, after due notice, for a hearing by the 
Secretary w^ith 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 
Judicial 
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 
Modification 
authority. 
1036 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
Publication in 
Federal Register. 
Fee 
General 
permits. 
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 Kegister 
within ten days from the date of the Secretary's decision. 
(f) Any permit issued under this section must be in the possession 
of the person to whom it is issued (or an agent of such person) 
during— 
(1) the time of the authorized or taking importation; 
(2) the period of any transit of such person or agent which is 
incident to such taking or importation; and 
(3) any other time while any marine mammal taken or imported 
under 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) The Secretary shall establish and charge a reasonable fee for 
permits issued under this section. 
(h) Consistent with the regulations prescribed pursuant to section 
103 of this title and to the requirements of section 101 of this title, the 
Secretary may issue general permits for the taking of such marine 
mammals, together with regulations to cover the use of such general 
permits- 
, 
• 
> 
H 
V 
PENALTIES 
SEC. 105. (a) Any person who violates any provision of this title 
or of any permit or regulation issued thereunder may be assessed a 
civil penalty by the Secretary of not more than $10,000 for each such 
Notice; hearing, violatiou. 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 
v^ft'l-. 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 
Vr ../?c 
collect the penalty and such court shall have jurisdiction to hear 
and decide any such action. 
(b) Any person who knowingly violates any provision of this title 
or of any permit or regulation issued thereunder shall, upon convic-
tion, be fined not more than $20,000 for each such violation, or 
_, ., , 
imprisoned for not more than one year, or both. 
VESSEL F I N E , CARGO FORFEITURE, AND REWARDS 
SEC. 106. (a) Any vessel or other conveyance subject to the juris-
diction of the TTnited States that is employed in any manner in 
the unlawful taking of any marine mammal shall haA^e 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 disposi-
tion of such cargo, and the proceeds from the sale thereof, and the 
remiFsion 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 provi-
sions of law are applicable and not inconsistent with the provisions 
of this title. 
; 
.: 
86 STAT.] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1037 
(b) 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 disfrict court of the LTnited 
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 other-
wise satisfactory surety is posted. Such penalty shall constitute a 
maritime lien on such vessel which may be recovered by nction in 
rem in the district court of the LTnited States having jurisdiction 
over the vessel. 
(c) Upon the recommendation of the Secretary, the Secretary of 
the Treasury is authorized to pay an amount equal to one-half o^ 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 title. 
Any officer or employee of the United States or of any State or local 
government who furnishes information or renders service in the per-
formance of his official duties shall not be eligible for payment 
under this section. 
ENFORCEMENT 
SEC. 107. (a) Except as otherwise provided in this title, the Secretary 
shall enforce the provisions of this title. The Secretary may utilize, by 
agreement, the personnel, services, and facilities of any other Federal 
agency for purposes of enforcing this title. 
(b) The Secretary may also designate officers and employees of any 
State or of any possession of the United States to enforce the provi-
sions of this title. 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 
Civil Service Commission. 
(c) The judges of the district courts of the United States and the 
United States magistrates may, w4thin their respective jurisdictions, 
upon proper oath or affirmation showing probaiDle cause, issue such 
warrants or other process, including warrants or other process issued 
in admiralty proceedings in United States district courts, as may be 
required for enforcement of this title and any regulations issued there-
under. 
(d) Any person authorized by the Secretary to enforce this title may 
execute any warrant or process issued by any officer or court of com-
petent jurisdiction for the enforcement of this title. 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 of this title or the 
regulations issued thereunder; 
(2) with a warrant or other process, or without a warrant if 
he has reasonable cause to believe that a vessel or other con-
veyance subject to the jurisdiction of the LTnited States or any 
person on board is in violation of any provision of this title or the 
regulations issued thereunder, search such vessel or conveyance 
and arrest such person; 
(3) seize the cargo of any vessel or other conveyance subject 
to the jurisdiction of the United States used or employed contrary 
to the provisions of this title 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 of 
Penalty. 
Information 
leading to con-
viction, reward. 
Federal per-
sonnel, utiliza-
tion. 
State officers 
and employees. 
Warrants. 
Arrest and 
seizure, authority. 
1038 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
Seiziire. 
Notification. 
Bond posting. 
Forfeiture. 
this title or the regulations issued thereunder and shall dispose 
of them in accordance with regulations prescribed by the 
Secretary. 
(e) (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) of this title. 
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 carsfo so seized 
shall^ as soon as practicable following such seizure, be notified of that 
fact m accordance with regulations established by the Secretary. 
(2) The Secretary may, with respect to any proceeding under 
section 105 (a) or (b) of this title, in lieu of holding any marine mam-
mal 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) of this title, all marine mammals and marine mammal products 
or other cargo seized in connection therewith may be proceeded 
against in any court of competent jurisdiction and forfeited to the 
Secretary for disposition by him in such manner as he deems appro-
priate. 
(B) Upon conviction for violation of section 105(b) of this title, 
all marine mammals and marine mammal products seized in connec-
tion 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) of this 
title and no judicial action is commenced to obtain the forfeiture 
of such mammal or product within thirty days after such assess-
ment, 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) of this title, such marine mammal or marine mammal 
product or other cargo shall immediately be returned to the owner 
or consignee if the Secretary does not, with thirty 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) of this title. 
INTERNATIONAL PROGRAM 
SEC. 108. (a) The Secretary, through the Secretary of State, 
shall— 
(1) initiate negotiations as soon as possible for the develop-
ment of bilateral or multilateral agreements with other nations 
for the protection and conservation of all marine mammals 
covered by this Act; 
(2) initiate negotiations as soon as possible with all foreign 
governments which are engaged in, or which have persons or com-
panies engaged in, commercial fishing operations which are found 
by the Secretary to be unduly harmful to any species of marine 
mammal, for the purpose of entering into bilateral and multilat-
86 STAT.] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1039 
eral treaties with such countries to protect marine mammals. The 
Secretary of State shall prepare a draft agenda relating to this 
matter for discussion at appropriate international meetings and 
forums; 
(3) encourage such other agreements to promote the purposes 
of this Act witn 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 mam-
mal to which the LTnited States is a party m 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 a full report on the results of 
his efforts under this section. 
(b)(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 "Con-
vention"), 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 para-
graph not later than one year after- the date of enactment of this Act 
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 sus-
tainable 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 desir-
able to make it and this Act consistent; 
he shall, through the Secretary of State, immediately initiate negotia-
tions 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 Secre-
tary shall, through the Secretary of State, take such steps as may be 
necessary to continue the existing Convention beyond its present termi-
nation date so as to continue to protect and conserve the North Pacific 
fur seals and to prevent a return to pelagic sealing. 
International 
ministerial meet-
ing on marine 
animals. 
Report to 
Congress. 
North Pacific 
fur seals, study. 
8 UST 2283; 
15 UST 316; 
20 UST 2992. 
Study copies 
transmittal to 
C ongre s s. 
Convention, 
modification 
negotiations. 
8 UST 2283; 
15 UST 316; 
20 UST 2292. 
Time exten-
sion. 
1040 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 
STAT. 
FEDERAL COOrERATION WITH STATES 
Law enforce-
ment. 
State laws and 
regulations, 
review. 
Mammals, tak-
ing for humane 
purposes. 
Grants to 
States. 
Limitation. 
Eligibility. 
Report. 
SEC. 109. (a) (1) Except as otherwise provided in this section, no 
State may adopt any law or regulation relating to the taking of marine 
mammals within its jurisdiction or attempt to enforce any State laAV or 
regulation relating to such taking. 
(2) Any State may adopt and enforce any laws or regulations relat-
ing to the protection and taking, within its jurisdiction, of any species 
or population stock of marine mammals if the Secretary determines, 
after review thereof, that such laws and regulations will be consistent 
with (A) the regulations promulgated under section 103 of this title 
with respect to such species or population stock, and (B) such other 
provisions of this Act, and any rule or regulation promulgated pur-
suant to this title, which apply with respect to such species or popu-
lation stock. If the Secretary determines that any such State laws and 
regulations are so consistent, the provisions of this Act, except this 
section and sections 101 (except to the extent that the Secretary waives 
the application of section 101 to permit such State la.ws and regulations 
to take effect) and 110 of this title, and title I I of this Act, shall not 
apply with respect to the species or population stock concerned within 
the jurisdiction of the State. 
(3) Notwithstanding the preceding provisions of this subsection 
and the provisions of subsection (c) of this section, the Secretary shall 
continuously monitor and review the laws and regulations of any 
State which has assumed responsibility for marine mammals as pro-
vided for in paragraph (2) of this subsection. Whenever the Secretary 
finds that the laws and regulations of any such State are not in sub-
stantial compliance with either paragraph (1) or (2), or both, he shall 
resume responsibilities under this Act for the marine mammals con-
cerned within the jurisdiction of that State, superseding such State 
laws and regulations to the extent which, after notice and opportunity 
for hearing, he deems necessary. 
(4) Nothing in this Act shall prevent a State or local government 
official or employee, in the course of his duties as an official or employee, 
from takin.<r a marine mammal in a humane manner if such taking 
(A) is for the protection or welfare of such mammal or for the pro-
tection of the public health and welfare, and (B) includes steps 
designed to assure the return of such mammal to its natural habitat. 
(b) The Secretary is authorized to make grants to each State whose 
laws and regulations relating to protection and management of marine 
mammals which primarily inhabit waters or lands within the bound-
aries of that State are found to be consistent with the purposes and 
golicies of this Act. The purpose of such grants shall be to assist such 
tates in developing and implementing State programs for the pro-
tection and management of such marine mammals. Such grants shall 
not exceed 50 per centum of the costs of a particular program's develop-
ment and implementation. To be eligible for such grants. State pro-
grams shall include planning and such specific activities, including, 
but not limited, to research, censusing, habitat acquisition and improve-
ment, or law enforcement as the Secretary finds contribute to the pur-
poses and policies of this Act. The Secretary may also, as a condition 
of any such grant, provide that State agencies report at regular inter-
vals on the status of species and populations which are the subject of 
such grants. 
(c) The Secretary is authorized and directed to enter into cooperative 
arrangements with the appropriate officials of any State for the dele-
gation to such State of the administration and enforcement of this 
title: Provided^ That any such arrangement shall contain such pro-
visions as the Secretary deems appropriate to insure that the purposes 
and policies of this Act will be carried out. 
86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1041 
MARINE MAMMAL RESEARCH GRANTS 
SEC. 110. (a) The Secretary is authorized to make grants, or to 
provide financial assistance in such other form as he deems appro-
priate, 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. 
(b) Any grant or other financial assistance provided by the Secre-
tary j)ursuant 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) There are authorized to be appropriated for the fiscal year in 
which this section takes effect and for the next four fiscal years there-
after such sums as may be necessary to carry out this section, but the 
sums appropriated for any such year shall not exceed $2,500,000, 
one-third of such sum to be available to the Secretary of the Interior 
and two-thirds of such sum to be made available to the Secretary of 
the department in which the National Oceanic and Atmospheric 
Administration is operating. 
Appropriation. 
Limitation. 
COMMERCIAL FISHERIES GEAR DEVELOPMENT 
SEC. 111. (a) The Secretary of the department in which the 
National Oceanic and Atomspheric 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 prac-
ticable 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, the 
Secretary shall deliver his report in writing to the Congress with 
respect to the results of such research and development. For the pur-
poses 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) 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) of this title, as he deems necessary or advisable, 
to reduce to the lowest practicable level the taking of marine mammals 
incidental to commercial fishing operations. Such regulations shall be 
adopted pursuant to section 553 of title 5, 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) 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 tJie Director of Investigations of the Inter-American Tropi-
cal Tuna Commission to make recommendations to all member nations 
Research and 
development. 
Report to 
Congress. 
Appropriation, 
Regulations. 
80 Stat. 383. 
Inter-American 
Tropical Tuna 
Commission, 
compliance. 
1042 
PUBLIC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
Research i 
observation. 
Federal agen-
cies, cooperation. 
Contract 
authority. 
Annual review. 
Report to 
C ongre s s. 
Repeal. 
48 Stat. 976. 
of the Commission as soon as is practicable as to the utilization of 
methods and gear devised under subsection (a) of this section. 
(d) Furthermore, after timely notice and during the period of 
research provided in this section, duly authorized agents of the Sec-
retary are hereby empowered to board and to accompany any com-
mercial 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 opera;tions in regard to the develop-
ment of impi-oved fishing methods and gear as authorized by this sec-
tion. 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 
SEC. 112. (a) 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 title. 
(b) 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 title. 
(c) The Secretary may enter into such contracts, leases, cooperative 
agreements, or other transactions as may be necessary to carry out the 
purposes of this title and on such terms as he deems appropriate with 
any Federal or State agency, public or private institution, or other 
person. 
(d) The Secretary shall review annually the operation of each pro-
gram 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 con-
sistent with the purposes of policies of this Act, he shall suspend the 
operation of that program and shall forthwith submit to Congress his 
reasons for such suspension, together with recommendations for such 
legislation as he deems necessary and appropriate to resolve the 
problem. 
APPLICATION TO OTHER TREATIES AND CONVENTIONS; REPEAL 
SEC. 113. (a) The provisions of this title 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 imple-
menting 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 title 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 com-
mercial fishing operations, section 105 of this title may not apply to 
such persons. 
(b^ The proviso to the Act entitled "An Act to repeal certain laws 
providing for the protection of sea lions in Alaska water", approved 
June 16, 1934 (16 U.S.C. 659), is repealed. 
86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
10^13 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 114. (a) There are authorized to be appropriated not to exceed 
$2,000,000 for the fiscal year ending June 30, 1973, and the four next 
following fiscal years to enable the department in which the National 
Oceanic and Atmospheric Administration is operating to carry out 
such functions and responsibilities as it may have been given under 
this title. 
(b) There are authorized to be appropriated not to exceed $700,000 
for the fiscal year ending June 30,1973, and not to exceed $525,000 for 
each of the next four fiscal years thereafter to enable the Department 
of the Interior to carry out such functions and responsibilities as it 
may have been given under this title. 
TITLE II—MARINE MAMMAL COMMISSION 
ESTABLISHMENT OF COMMISSION 
SEC. 201. (a) There is hereby established the Marine Mammal 
Commission (hereafter referred to in this title as the "Commission"). 
(b) (1) The Commission shall be composed of three members who 
shall be appointed by the President. The President shall make his 
selection from a list, submitted to him by the Chairman of the Coun-
cil on Environmental Quality, the Secretary of the Smithsonian 
Institution, the Director of the National Science Foundation, and the 
Chairman of the National Academy of Sciences, of individuals 
knowledgeable in the fields of marine ecology and resource manage-
ment, and who are not in a position to profit from the taking of 
marine mammals. 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 
foi" two year-s, 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 t«rm 
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 mav serve after the expiration'of his term 
until his successor* has taken office. 
(c) The President shall desijrnate a Chairman of the Commission 
(hereafter referred to in this title as the "Chairman") from among its 
members. 
(d) 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 
suoh 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) 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. 
Membership. 
Term. 
Chairman. 
Compensation. 
5 u s e 5332 
note. 
80 Stat. 499; 
83 Stat. 190. 
Executive Di-
rector. 
5 use 101 
et seq. 
1044 
PUBUC LAW 92-522-OCT. 21, 1972 
[86 STAT. 
49 Stat. 3079. 
64 Stat. 421. 
16 u s e 916 
note. 
8 UST 2283; 
15UST316; 
20 UST 2992. 
80 Stat. 1091. 
16 u s e 1151 
note. 
80 Stat. 926; 
83 Stat. 283. 
16 u s e 
668aa 
note. 
Reports and 
recommendations. 
Public infor-
mation. 
81 Stat. 54. 
DUTIES OF COMMISSION 
Sec. 202. (a) The Commission shall— 
.^... ,...i * 
: 
;-
(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 conserva-
tion, 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; 
(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 necesary 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 of the Interior such revisions 
of the Endangered Species List, authorized by the Endangered 
Species Conservation Act of 1969, 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 neces-
sary 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 pur-
suant to this Act. 
(b) The Commission shall consult with the Secretary at such 
intervals as it or he may deem desirable, and shall furnish its repoits 
and recommendations to him, before publication, for his comment. 
(c) 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 
he matters of public record and available to the public in accordance 
with the provisions of section 552 of title 5, United States Code. 
(d) Any recommendations made by the Commission to the Secre-
tary and other Federal officials shall be responded to by those indi-
viduals within one hundred and twenty days after receipt thereof. 
Any recommendations which are not followed or adopted shall be 
referred to the Commission together with a detailed explanation of 
the reasons why those recommendations were not followed or adopted. 
COMMITTEE OF SCIENTIFIC ADVISORS ON MARINE MAMMALS 
Establishment. 
gfic. 203. (a) The Commissiou 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"). 
Membership. 
Such Committee shall consist of nine scientists knowledgeable in 
marine ecology and marine mammal affairs appointed by the Chair-
86 STAT. ] 
PUBLIC LAW 92-522-OCT. 21, 1972 
1045 
man after consultation with the Chairman of the Comicil on Environ-
mental Quality, the Secretary of the Smithsonian Institution, the 
Director of the National Science Foundation, and the Chairman of 
the National Academy of Sciences. 
(b) Except for LTnited 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 sec-
tion 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) 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 trans-
mitted 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. 
Compensation. 
5 use 5332 
note. 
80 Stat. 499; 
83 Stat. 190. 
Recommendations. 
Transmittal to 
Federal agency 
and congressional 
committees. 
COMMISSION REPORTS 
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 feection 202 of this Act together with the 
responses made to these recommendations. 
Report to 
Congress. 
COORDINATION WITH OTHER FEDERAL AGENCIES 
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 OP COMMISSION 
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 other organiza-
tions, 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 
so stat, 4i6. 
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. Financial and administrative services (including those 
related to budgeting, accomiting, financial reporting, personnel, and 
procurement) shall be provided the Commission by the General Serv-
1046 
PUBLIC LAW 92-523-OCT. 21, 1972 
[86 STAT. 
ices 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. 
AUTHORlZATIOlSr OF APPROPRIATIONS 
SEC. 207. There are authorized to be appropriated for the fiscal year 
in which this title is enacted and for the next four fiscal years thereafter 
such sums as may be necessary to carry out this title, but the sums 
appropriated for any such year shall not exceed $1,000,000. Not less 
than two-thirds of the total amount of the sums appropriated pursuant 
to this section for any such year shall be expended on research and 
studies conducted under the authority of section 202(a) (2) and (3) 
of this title. 
Approved October 21, 1972. 
Public Law 92-523 
October 21, 1972 
[H.R. 16987] 
Commerce De-
partment maritime 
programs. 
Appropriation 
increase. 
AN ACT 
To amend the Act to authorize appropriations for the fiscal year 1973 for certain 
maritime programs of the Department of Commerce. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress OjSsemhled^ That section 1 of the 
Act of August 22,1972 (86 Stat. 617; Public Law 92-402) is amended 
by striking out of paragraph (a) thereof the figure $280,000,000 and 
inserting in lieu thereof the figure $455,000,000. 
Approved October 21, 1972. 
October 21, 1972 
[S. 1973] 
Public Law 92-524 
AN ACT 
To provide for the establishment of the Thaddeus Kosciuszko Home National 
Historic Site in the State of Pennsylvania, and for other purposes. 
Thaddeus 
Kosciuszko Home 
National Historic 
Site, Pa. 
E stabli shment. 
Land acquisi-
tion. 
Administration. 
Appropriati on. 
Be it enacted ty the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That, in order to 
provide for the development of a suitable memorial to General 
Thaddeus Kosciuszko, great Polish patriot and hero of the American 
Kevolution, the Secretary of the Interior is authorized to acquire by 
donation or purchase with donated funds the i)roperty at the north-
west corner of Third and Pine Streets specifically designated as 
301 Pine Street and/or 342 South Third Street, Philadelphia, 
Pennsylvania, including improvements thereon, together with such 
adjacent land and interests therein as the Secretary may deem neces-
sary for the establishment and administration of the property as a 
national memorial. 
SEC. 2. The property acquired pursuant to the first section of this 
Act shall be known as the Thaddeus Kosciuszko National Memorial 
and it shall be administered by the Secretary of the Interior in 
accordance with the Act of August 25,1916 (39 Stat. 535), as amended 
and supplemented (16 U.S.C. 1, 2-4:), and the Act of August 21,1935 
(49 Stat. 666; 16 U.S.C. 461-467). 
SEC. 3. There are hereby authorized to be appropriated not more 
than $592,000 for the development of the national memorial. 
Approved October 21, 1972. 
82-081 O - 73 - 67