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US (United States) Code. Title 16. Chapter 31: Marine mammal protection

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16 USC CHAPTER 31 - MARINE MAMMAL PROTECTION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

-HEAD-

CHAPTER 31 - MARINE MAMMAL PROTECTION

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SUBCHAPTER I - GENERALLY

Sec.

1361. Congressional findings and declaration of policy.

1362. Definitions.

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

1371. Moratorium on taking and importing marine mammals and marine

mammal products.

(a) Imposition; exceptions.

(b) Exemptions for Alaskan natives.

(d) Good Samaritan exemption.

(e) Chapter not to apply to incidental takings by

United States citizens employed on foreign

vessels outside United States EEZ.

1372. Prohibitions.

(a) Taking.

(b) Importation of pregnant or nursing mammals;

depleted species or stock; inhumane taking.

(d) Nonapplicability of prohibitions.

(e) Retroactive effect.

(f) Commercial taking of whales.

1373. Regulations on taking of marine mammals.

(a) Necessity and appropriateness.

(b) Factors considered in prescribing regulations.

(d) Procedure.

(e) Periodic review.

(f) Report to Congress.

1374. Permits.

(a) Issuance.

(b) Requisite provisions.

display, or enhancing survival or recovery of

species or stock.

(d) Application procedures; notice; hearing; review.

(e) Modification, suspension, and revocation.

(f) Possession of permit by issuee or his agent.

(g) Fees.

(h) General permits.

1375. Penalties.

1375a. Use of fines for protection and recovery of manatees, polar

bears, sea otters, and walruses.

1376. Seizure and forfeiture of cargo.

(a) Application of consistent provisions.

(b) Penalties.

1377. Enforcement.

(a) Utilization of personnel.

(b) State officers and employees.

(d) Execution of process; arrest; search; seizure.

(e) Disposition of seized cargo.

1378. International program.

(a) Duties of Secretary.

(b) Consultations and studies concerning North

Pacific fur seals.

proposals for further action.

1379. Transfer of management authority.

(a) State enforcement of State laws or regulations

prohibited without transfer to State of

management authority by Secretary.

(b) Findings prerequisite to transfer of authority;

State program; implementation.

(d) Cooperative allocation agreements.

(e) Revocation of transfer of management authority.

(f) Transfer of management authority to State of

Alaska.

(g) Environmental impact statement not required.

(h) Taking of marine mammals as part of official

duties.

(i) Regulations covering taking of marine mammals by

Alaskan natives.

(j) Grants to develop or administer State

conservation and management programs.

(k) Delegation of administration and enforcement to

States.

(l) Authorization of appropriations.

1380. Marine mammal research grants.

(a) Authorization; research concerning yellowfin

tuna; annual report.

(b) Terms and conditions.

(d) Bering Sea ecosystem protection.

1381. Commercial fisheries gear development.

(a) Research and development program; report to

Congress; authorization of appropriations.

(b) Reduction of level of taking of marine mammals

incidental to commercial fishing operations.

tuna fishery.

(d) Research and observation.

1382. Regulations and administration.

(a) Consultation with Federal agencies.

(b) Cooperation by Federal agencies.

(d) Annual review; suspension of program.

(e) Measures to alleviate impacts on strategic

stocks.

1383. Application to other treaties and conventions.

(a) Generally; findings; waiver of penalties.

(b) Review of effectiveness of Agreement on the

Conservation of Polar Bears.

Conservation of Polar Bears; report.

(d) Consultation regarding conservation of polar

bears in Russia and Alaska; report.

1383a. Interim exemption for commercial fisheries.

(a) Effective and termination dates of preemptive

provisions; law governing incidental taking of

marine mammals in course of commercial

yellowfin tuna fishing.

(b) Proposed and final list of fisheries taking

marine mammals; publication in Federal

suspension of grant of exemption;

administration of exemption provisions; fees.

contents.

(d) Program for enhancement and verification of

information received from vessel owners;

confidentiality of information.

(e) Observers on board exempted vessels;

confidentiality of information; authorization

of appropriations.

(f) Alternative observation program.

(g) Review of information and evaluation of effects

of incidental taking on population stocks of

marine mammals; promulgation of emergency

regulations to mitigate immediate and

significant adverse impacts; action to mitigate

non-immediate impacts.

(h) Information and management system for processing

and analyzing reports and information;

accessibility to public.

(i) Utilization of services of State and Federal

agencies and private entities.

(j) Confidentiality of information; exceptions.

(k) Regulations.

(l) Suggested regime governing incidental taking of

marine mammals following termination of interim

exemptions.

(m) Consultation with Secretary of the Interior.

(n) Owner of fixed commercial fishing gear deemed

owner of vessel engaged in fishery in which

gear deployed.

(o) Definitions.

1383b. Status review; conservation plans.

(a) Determinations by rule; notice and hearing;

findings; final rule on status of species or

stock involved.

(b) Conservation plans; preparation and

implementation.

1384. Authorization of appropriations.

(a) Department of Commerce.

(b) Department of the Interior.

1385. Dolphin protection.

(a) Short title.

(b) Findings.

(d) Labeling standard.

(e) Enforcement.

(f) Regulations.

(g) Secretarial findings.

(h) Certification by captain and observer.

1386. Stock assessments.

(a) In general.

(b) Public comment.

(d) Regional scientific review groups.

(e) Effect on section 1371(b) of this title.

1387. Taking of marine mammals incidental to commercial fishing

operations.

(a) In general.

(b) Zero mortality rate goal.

(d) Monitoring of incidental takes.

(e) Reporting requirement.

(f) Take reduction plans.

(g) Emergency regulations.

(h) Penalties.

(i) Assistance.

(j) Contributions.

(k) Consultation with Secretary of the Interior.

(l) Definitions.

1388. Marine mammal cooperative agreements in Alaska.

(a) In general.

(b) Grants.

(d) Authorization of appropriations.

1389. Pacific Coast Task Force; Gulf of Maine.

(a) Pinniped removal authority.

(b) Application.

(d) Considerations.

(e) Limitation.

(f) California sea lions and Pacific harbor seals;

investigation and report.

(g) Regionwide pinniped-fishery interaction study.

(h) Gulf of Maine Task Force.

(i) Requirements applicable to task forces.

(j) Gulf of Maine harbor porpoise.

SUBCHAPTER III - MARINE MAMMAL COMMISSION

1401. Establishment.

(a) Designation.

(b) Membership and term of office.

(d) Compensation; reimbursement for travel expenses.

(e) Executive Director.

1402. Duties of Commission.

(a) Reports and recommendations.

(b) Consultation with Secretary; reports to Secretary

before publication.

(d) Recommendations; explanation for nonadoption.

1403. Committee of Scientific Advisors on Marine Mammals.

(a) Establishment; membership.

(b) Compensation; reimbursement for travel expenses.

recommendations; explanation for nonadoption.

1404. Omitted.

1405. Coordination with other Federal agencies.

1406. Administration.

1407. Authorization of appropriations.

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

1411. Findings and policy.

(a) Findings.

(b) Policy.

1412. International Dolphin Conservation Program.

1413. Regulatory authority of Secretary.

(a) Regulations.

(b) Consultation.

1414. Repealed.

1414a. Research.

(a) Required research.

(b) Other research.

1415. Reports by Secretary.

1416. Permits.

(a) In general.

(b) Permit sanctions.

1417. Prohibitions.

(a) In general.

(b) Penalties.

1418. Repealed.

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

1421. Establishment of Program.

(a) Establishment.

(b) Purposes.

1421a. Determination; data collection and dissemination.

(a) Determination for release.

(b) Collection.

1421b. Stranding response agreements.

(a) In general.

(b) Required provision.

1421c. Unusual mortality event response.

(a) Response.

(b) Contingency plan.

1421d. Unusual mortality event activity funding.

(a) Establishment of Fund.

(b) Uses.

(d) Acceptance of donations.

1421e. Liability.

(a) In general.

(b) Limitation.

1421f. National Marine Mammal Tissue Bank and tissue analysis.

(a) Tissue Bank.

(b) Tissue analysis.

(d) Access.

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

Program.

(a) In general.

(b) Application.

(d) Limitation.

(e) Matching requirement.

(f) Administrative expenses.

(g) Definitions.

(h) Authorization of appropriations.

1421g. Authorization of appropriations.

1421h. Definitions.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1375a, 1543, 1881, 1881a,

1881b, 2407, 2408, 3125, 6406 of this title; title 10 section 7524.

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16 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER I - GENERALLY

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SUBCHAPTER I - GENERALLY

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16 USC Sec. 1361 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1361. Congressional findings and declaration of policy

-STATUTE-

The Congress finds that -

(1) certain species and population stocks of marine mammals

are, or may be, in danger of extinction or depletion as a result

of man's activities;

(2) such species and population stocks should not be permitted

to diminish beyond the point at which they cease to be a

significant functioning element in the ecosystem of which they

are a part, and, consistent with this major objective, they

should not be permitted to diminish below their optimum

sustainable population. Further measures should be immediately

taken to replenish any species or population stock which has

already diminished below that population. In particular, efforts

should be made to protect essential habitats, including the

rookeries, mating grounds, and areas of similar significance for

each species of marine mammal from the adverse effect of man's

actions;

(3) there is inadequate knowledge of the ecology and population

dynamics of such marine mammals and of the factors which bear

upon their ability to reproduce themselves successfully;

(4) negotiations should be undertaken immediately to encourage

the development of international arrangements for research on,

and conservation of, all marine mammals;

(5) marine mammals and marine mammal products either -

(A) move in interstate commerce, or

(B) affect the balance of marine ecosystems in a manner which

is important to other animals and animal products which move in

interstate commerce,

and that the protection and conservation of marine mammals and

their habitats is therefore necessary to insure the continuing

availability of those products which move in interstate commerce;

and

(6) marine mammals have proven themselves to be resources of

great international significance, esthetic and recreational as

well as economic, and it is the sense of the Congress that they

should be protected and encouraged to develop to the greatest

extent feasible commensurate with sound policies of resource

management and that the primary objective of their management

should be to maintain the health and stability of the marine

ecosystem. Whenever consistent with this primary objective, it

should be the goal to obtain an optimum sustainable population

keeping in mind the carrying capacity of the habitat.

-SOURCE-

(Pub. L. 92-522, Sec. 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L.

97-58, Sec. 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103-238,

Sec. 3, Apr. 30, 1994, 108 Stat. 532.)

-MISC1-

AMENDMENTS

1994 - Par. (2). Pub. L. 103-238, Sec. 3(1), inserted ''essential

habitats, including'' after ''made to protect''.

Par. (5). Pub. L. 103-238, Sec. 3(2), inserted ''and their

habitats'' before ''is therefore necessary'' in concluding

provisions.

1981 - Par. (6). Pub. L. 97-58 substituted ''carrying capacity''

for ''optimum carrying capacity''.

EFFECTIVE DATE

Section 4 of Pub. L. 92-522 provided that: ''The provisions of

this Act (enacting this chapter) shall take effect upon the

expiration of the sixty-day period following the date of its

enactment (Oct. 21, 1972).''

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-555, Sec. 1, Dec. 21, 2000, 114 Stat. 2765, provided

that: ''This Act (enacting section 1421f-1 of this title, amending

sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a

to 5108, and 5156 of this title, enacting provisions set out as

notes under this section and sections 917a, 1433, 5101, and 5107 of

this title, and amending provisions set out as a note under section

1855 of this title) may be cited as the 'Striped Bass Conservation,

Atlantic Coastal Fisheries Management, and Marine Mammal Rescue

Assistance Act of 2000'.''

Pub. L. 106-555, title II, Sec. 201, Dec. 21, 2000, 114 Stat.

2767, provided that: ''This title (enacting section 1421f-1 of this

title, amending sections 1362, 1421g, 1421h, 1433, and 1434 of this

title, enacting provisions set out as notes under sections 917a and

1433 of this title, and amending provisions set out as a note under

section 1855 of this title) may be cited as the 'Marine Mammal

Rescue Assistance Act of 2000'.''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-42, Sec. 1(a), Aug. 15, 1997, 111 Stat. 1122,

provided that: ''This Act (enacting sections 962, 1412, 1413, 1414a

to 1416 of this title, amending sections 952, 953, 1362, 1371,

1374, 1378, 1380, 1385, 1411, and 1417 of this title, repealing

sections 1412 to 1416 and 1418 of this title, and enacting

provisions set out as notes under this section and section 1362 of

this title) may be cited as the 'International Dolphin Conservation

Program Act'.''

SHORT TITLE OF 1994 AMENDMENT

Section 1 of Pub. L. 103-238 provided that: ''This Act (enacting

sections 1386 to 1389 of this title, amending this section and

sections 1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384,

1407, 1421 to 1421h, and 4107 of this title, repealing sections

1384 and 1407 of this title, and enacting provisions set out as

notes under this section and sections 1362, 1374, 1538, and 1539 of

this title) may be cited as the 'Marine Mammal Protection Act

Amendments of 1994'.''

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-587, title III, Sec. 3001, Nov. 4, 1992, 106 Stat.

5059, provided that: ''This title (enacting subchapter V of this

chapter, amending sections 1362, 1372, 1379, and 1382 of this title

and section 183c of Title 46, Appendix, Shipping, and enacting

provisions set out as notes under sections 1421 and 1421a of this

title) may be cited as the 'Marine Mammal Health and Stranding

Response Act'.''

Pub. L. 102-523, Sec. 1, Oct. 26, 1992, 106 Stat. 3425, provided

that: ''This Act (enacting subchapter IV of this chapter and

amending sections 952, 953, 973r, and 1362 of this title) may be

cited as the 'International Dolphin Conservation Act of 1992'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-711, Sec. 1, Nov. 23, 1988, 102 Stat. 4755, provided:

''That this Act (enacting sections 1383a and 1383b of this title,

amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402,

and 1407 of this title and section 1978 of Title 22, Foreign

Relations and Intercourse, enacting provisions set out as a note

under this section, and amending provisions set out as a note under

section 1384 of this title) may be cited as the 'Marine Mammal

Protection Act Amendments of 1988'.''

SHORT TITLE

Section 1 of Pub. L. 92-522 provided in part that: ''This Act

(enacting this chapter) may be cited as the 'Marine Mammal

Protection Act of 1972'.''

REGULATIONS

Section 15(b) of Pub. L. 103-238 provided that: ''Except as

provided otherwise in this Act (see Short Title of 1994 Amendment

note above), or the amendments to the Marine Mammal Protection Act

of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the Secretary of

Commerce or the Secretary of the Interior, as appropriate, shall,

after notice and opportunity for public comment, promulgate

regulations to implement this Act and the amendments made by this

Act by January 1, 1995.''

PURPOSES AND FINDINGS

Pub. L. 105-42, Sec. 2, Aug. 15, 1997, 111 Stat. 1122, provided

that:

''(a) Purposes. - The purposes of this Act (see Short Title of

1997 Amendment note above) are -

''(1) to give effect to the Declaration of Panama, signed

October 4, 1995, by the Governments of Belize, Colombia, Costa

Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the

United States of America, Vanuatu, and Venezuela, including the

establishment of the International Dolphin Conservation Program,

relating to the protection of dolphins and other species, and the

conservation and management of tuna in the eastern tropical

Pacific Ocean;

''(2) to recognize that nations fishing for tuna in the eastern

tropical Pacific Ocean have achieved significant reductions in

dolphin mortality associated with that fishery; and

''(3) to eliminate the ban on imports of tuna from those

nations that are in compliance with the International Dolphin

Conservation Program.

''(b) Findings. - The Congress finds that -

''(1) the nations that fish for tuna in the eastern tropical

Pacific Ocean have achieved significant reductions in dolphin

mortality associated with the purse seine fishery from hundreds

of thousands annually to fewer than 5,000 annually;

''(2) the provisions of the Marine Mammal Protection Act of

1972 (16 U.S.C. 1361 et seq.) that impose a ban on imports from

nations that fish for tuna in the eastern tropical Pacific Ocean

have served as an incentive to reduce dolphin mortalities;

''(3) tuna canners and processors of the United States have led

the canning and processing industry in promoting a dolphin-safe

tuna market; and

''(4) 12 signatory nations to the Declaration of Panama,

including the United States, agreed under that Declaration to

require that the total annual dolphin mortality in the purse

seine fishery for yellowfin tuna in the eastern tropical Pacific

Ocean not exceed 5,000 animals, with the objective of

progressively reducing dolphin mortality to a level approaching

zero through the setting of annual limits and with the goal of

eliminating dolphin mortality.''

RELATIONSHIP OF MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994 TO

OTHER LAW

Section 2(b) of Pub. L. 103-238 provided that: ''Except as

otherwise expressly provided, nothing in this Act (see Short Title

of 1994 Amendment note above) is intended to amend, repeal, or

otherwise affect any other provision of law.''

INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE

Section 14 of Pub. L. 103-238 provided that: ''Nothing in this

Act (see Short Title of 1994 Amendment note above), including any

amendments to the Marine Mammal Protection Act of 1972 (16 U.S.C.

1361 et seq.) made by this Act -

''(1) alters or is intended to alter any treaty between the

United States and one or more Indian tribes; or

''(2) affects or otherwise modifies the provisions of section

101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1371(b)), except as specifically provided in the amendment made

by section 4(b) of this Act (amending section 1371 of this

title).''

STUDY ON EFFECTS OF DOLPHIN FEEDING

Pub. L. 102-567, title III, Sec. 306, Oct. 29, 1992, 106 Stat.

4284, directed Secretary of Commerce to conduct a study in the

eastern Gulf of Mexico on the effects of feeding of noncaptive

dolphins by human beings, such study to be designed to detect any

behavior or diet modification resulting from this feeding and to

identify the effects, if any, of these modifications on the health

and well-being of the dolphins, directed Secretary to consult with

National Academy of Sciences and Marine Mammal Commission in design

and conduct of the study, and directed Secretary, within 18 months

after Oct. 29, 1992, to submit to Congress a report on results of

the study.

STUDY ON MORTALITY OF ATLANTIC DOLPHIN

Pub. L. 100-711, Sec. 7, Nov. 23, 1988, 102 Stat. 4771, directed

Secretary of Commerce to conduct a study regarding east coast

epidemic during 1987 and 1988 which caused substantial mortality

within North Atlantic coastal population of Atlantic bottle-nosed

dolphin, such study to examine (1) cause or causes of epidemic, (2)

effect of epidemic on coastal and offshore populations of Atlantic

bottle-nosed dolphin, (3) extent to which pollution may have

contributed to epidemic, (4) whether other species and populations

of marine mammals were affected by those factors which contributed

to epidemic, and (5) any other matters pertaining to causes and

effects of epidemic, with Secretary to submit on or before Jan. 1,

1989, to Committee on Commerce, Science, and Transportation of the

Senate and Committee on Merchant Marine and Fisheries of the House

of Representatives a plan for conducting the study.

INTERNATIONAL DISCUSSION TO ADVANCE UNDERSTANDING OF CETACEAN LIFE

Pub. L. 95-426, title VI, Sec. 602, Oct. 7, 1978, 92 Stat. 985,

provided that: ''It is the sense of the Congress that the President

should convey to all countries having an interest in cetacean sea

life the serious concern of the Congress regarding the continuing

destruction of these marine mammals (highlighted by the recent

slaughter of dolphins in the Sea of Japan by Japanese fishermen)

and should encourage such countries -

''(1) to join in international discussions with other such

countries in order to advance general understanding of cetacean

life and thereby facilitate an effective use of the living marine

resources of the world which does not jeopardize the natural

balance of the aquatic environment;

''(2) to participate in an exchange of information with the

National Marine Fisheries Service of the United States Department

of Commerce, including cooperation in studies of -

''(A) the impact of cetaceans on ecologically related human

foodstuffs, and

''(B) alternative methods of dealing with cetacean problems

as they occur;

''(3) to cooperate in establishing an international cetacean

commission to advance understanding of cetacean life and to

insure the effective conservation and protection of cetaceans on

a global scale; and

''(4) to adopt comprehensive marine mammal protection

legislation.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1372, 1373 of this

title.

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16 USC Sec. 1362 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1362. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term ''depletion'' or ''depleted'' means any case in

which -

(A) the Secretary, after consultation with the Marine Mammal

Commission and the Committee of Scientific Advisors on Marine

Mammals established under subchapter III of this chapter,

determines that a species or population stock is below its

optimum sustainable population;

(B) a State, to which authority for the conservation and

management of a species or population stock is transferred under

section 1379 of this title, determines that such species or stock

is below its optimum sustainable population; or

species or a threatened species under the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.).

(2) The terms ''conservation'' and ''management'' means the

collection and application of biological information for the

purposes of increasing and maintaining the number of animals within

species and populations of marine mammals at their optimum

sustainable population. Such terms include the entire scope of

activities that constitute a modern scientific resource program,

including, but not limited to, research, census, law enforcement,

and habitat acquisition and improvement. Also included within

these terms, when and where appropriate, is the periodic or total

protection of species or populations as well as regulated taking.

(3) The term ''district court of the United States'' includes the

District Court of Guam, District Court of the Virgin Islands,

District Court of Puerto Rico, District Court of the Canal Zone,

and, in the case of American Samoa and the Trust Territory of the

Pacific Islands, the District Court of the United States for the

District of Hawaii.

(4) The term ''humane'' in the context of the taking of a marine

mammal means that method of taking which involves the least

possible degree of pain and suffering practicable to the mammal

involved.

(5) The term ''intermediary nation'' means a nation that exports

yellowfin tuna or yellowfin tuna products to the United States and

that imports yellowfin tuna or yellowfin tuna products that are

subject to a direct ban on importation into the United States

pursuant to section 1371(a)(2)(B) of this title.

(6) The term ''marine mammal'' means any mammal which (A) is

morphologically adapted to the marine environment (including sea

otters and members of the orders Sirenia, Pinnipedia and Cetacea),

or (B) primarily inhabits the marine environment (such as the polar

bear); and, for the purposes of this chapter, includes any part of

any such marine mammal, including its raw, dressed, or dyed fur or

skin.

(7) The term ''marine mammal product'' means any item of

merchandise which consists, or is composed in whole or in part, of

any marine mammal.

(8) The term ''moratorium'' means a complete cessation of the

taking of marine mammals and a complete ban on the importation into

the United States of marine mammals and marine mammal products,

except as provided in this chapter.

(9) The term ''optimum sustainable population'' means, with

respect to any population stock, the number of animals which will

result in the maximum productivity of the population or the

species, keeping in mind the carrying capacity of the habitat and

the health of the ecosystem of which they form a constituent

element.

(10) The term ''person'' includes (A) any private person or

entity, and (B) any officer, employee, agent, department, or

instrumentality of the Federal Government, of any State or

political subdivision thereof, or of any foreign government.

(11) The term ''population stock'' or ''stock'' means a group of

marine mammals of the same species or smaller taxa in a common

spatial arrangement, that interbreed when mature.

(12)(A) Except as provided in subparagraph (B), the term

''Secretary'' means -

(i) the Secretary of the department in which the National

Oceanic and Atmospheric Administration is operating, as to all

responsibility, authority, funding, and duties under this chapter

with respect to members of the order Cetacea and members, other

than walruses, of the order Pinnipedia, and

(ii) the Secretary of the Interior as to all responsibility,

authority, funding, and duties under this chapter with respect to

all other marine mammals covered by this chapter.

(B) in (FOOTNOTE 1) section 1387 of this title and subchapter V

of this chapter (other than section 1421f-1 of this title) the term

''Secretary'' means the Secretary of Commerce.

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

(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

3(1) of the Agreement between the United States of America and

the Union of Soviet Socialist Republics on the Maritime Boundary,

signed June 1, 1990; in particular, those areas east of the

maritime boundary, as defined in that Agreement, that lie within

200 nautical miles of the baselines from which the breadth of the

territorial sea of Russia is measured but beyond 200 nautical

miles of the baselines from which the breadth of the territorial

sea of the United States is measured, except that this

subparagraph shall not apply before the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States.

(16) The term ''fishery'' means -

(A) one or more stocks of fish which can be treated as a unit

for purposes of conservation and management and which are

identified on the basis of geographical, scientific, technical,

recreational, and economic characteristics; and

(B) any fishing for such stocks.

(17) The term ''competent regional organization'' -

(A) for the tuna fishery in the eastern tropical Pacific Ocean,

means the Inter-American Tropical Tuna Commission; and

(B) in any other case, means an organization consisting of

those nations participating in a tuna fishery, the purpose of

which is the conservation and management of that fishery and the

management of issues relating to that fishery.

(18)(A) The term ''harassment'' means any act of pursuit,

torment, or annoyance which -

(i) has the potential to injure a marine mammal or marine

mammal stock in the wild; or

(ii) has the potential to disturb a marine mammal or marine

mammal stock in the wild by causing disruption of behavioral

patterns, including, but not limited to, migration, breathing,

nursing, breeding, feeding, or sheltering.

(B) The term ''Level A harassment'' means harassment described in

subparagraph (A)(i).

subparagraph (A)(ii).

(19) The term ''strategic stock'' means a marine mammal stock -

(A) for which the level of direct human-caused mortality

exceeds the potential biological removal level;

(B) which, based on the best available scientific information,

is declining and is likely to be listed as a threatened species

under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)

within the foreseeable future; or

species under the Endangered Species Act of 1973 (16 U.S.C. 1531

et seq.), or is designated as depleted under this chapter.

(20) The term ''potential biological removal level'' means the

maximum number of animals, not including natural mortalities, that

may be removed from a marine mammal stock while allowing that stock

to reach or maintain its optimum sustainable population. The

potential biological removal level is the product of the following

factors:

(A) The minimum population estimate of the stock.

(B) One-half the maximum theoretical or estimated net

productivity rate of the stock at a small population size.

(21) The term ''Regional Fishery Management Council'' means a

Regional Fishery Management Council established under section 1852

of this title.

(22) The term ''bona fide research'' means scientific research on

marine mammals, the results of which -

(A) likely would be accepted for publication in a referred

scientific journal;

(B) are likely to contribute to the basic knowledge of marine

mammal biology or ecology; or

problems.

(23) The term ''Alaska Native organization'' means a group

designated by law or formally chartered which represents or

consists of Indians, Aleuts, or Eskimos residing in Alaska.

(24) The term ''take reduction plan'' means a plan developed

under section 1387 of this title.

(25) The term ''take reduction team'' means a team established

under section 1387 of this title.

(26) The term ''net productivity rate'' means the annual per

capita rate of increase in a stock resulting from additions due to

reproduction, less losses due to mortality.

(27) The term ''minimum population estimate'' means an estimate

of the number of animals in a stock that -

(A) is based on the best available scientific information on

abundance, incorporating the precision and variability associated

with such information; and

(B) provides reasonable assurance that the stock size is equal

to or greater than the estimate.

(28) The term ''International Dolphin Conservation Program''

means the international program established by the agreement signed

in LaJolla, California, in June, 1992, as formalized, modified, and

enhanced in accordance with the Declaration of Panama.

(29) The term ''Declaration of Panama'' means the declaration

signed in Panama City, Republic of Panama, on October 4, 1995.

-SOURCE-

(Pub. L. 92-522, Sec. 3, Oct. 21, 1972, 86 Stat. 1028; Pub. L.

93-205, Sec. 13(e)(1), Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-265,

title IV, Sec. 404(a), Apr. 13, 1976, 90 Stat. 360; Pub. L. 97-58,

Sec. 1(a), (b)(2), Oct. 9, 1981, 95 Stat. 979; Pub. L. 102-251,

title III, Sec. 304, Mar. 9, 1992, 106 Stat. 65; Pub. L. 102-523,

Sec. 2(c), Oct. 26, 1992, 106 Stat. 3432; Pub. L. 102-582, title

IV, Sec. 401(a), Nov. 2, 1992, 106 Stat. 4909; Pub. L. 102-587,

title III, Sec. 3004(b), Nov. 4, 1992, 106 Stat. 5067; Pub. L.

103-238, Sec. 12, 16(a), 24(a)(2), Apr. 30, 1994, 108 Stat. 557,

559, 565; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II,

Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L.

104-297, title IV, Sec. 405(b)(2), (3), Oct. 11, 1996, 110 Stat.

3621; Pub. L. 105-42, Sec. 3, Aug. 15, 1997, 111 Stat. 1123; Pub.

L. 106-555, title II, Sec. 202(b), Dec. 21, 2000, 114 Stat. 2768.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in pars. (1)(C)

and (19)(B), (C), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884,

as amended, which is classified generally to chapter 35 (Sec. 1531

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1531 of this

title and Tables.

-MISC2-

AMENDMENTS

2000 - Par. (12)(B). Pub. L. 106-555 inserted ''(other than

section 1421f-1 of this title)'' after ''subchapter V of this

chapter''.

1997 - Pars. (28), (29). Pub. L. 105-42 added pars. (28) and

(29).

1996 - Par. (15). Pub. L. 104-297, Sec. 405(b)(2), repealed Pub.

L. 102-251, Sec. 304. See 1992 Amendment note below.

Pub. L. 104-297, Sec. 404(b)(3), amended par. (15) generally.

Prior to amendment, par. (15) read as follows: ''The term 'waters

under the jurisdiction of the United States' means -

''(A) the territorial sea of the United States, and

''(B) the waters included within a zone, contiguous to the

territorial sea of the United States, of which the inner boundary

is a line coterminous with the seaward boundary of each coastal

State, and the outer boundary is a line drawn in such a manner

that each point on it is 200 nautical miles from the baseline

from which the territorial sea is measured.''

Par. (21). Pub. L. 104-208 made technical amendment to reference

in original act which appears in text as reference to section 1852

of this title.

1994 - Par. (12)(B). Pub. L. 103-238, Sec. 24(a)(2), substituted

''in section 1387 of this title and subchapter V of this chapter''

for ''in subchapter V of this chapter''.

Pars. (15) to (17). Pub. L. 103-238, Sec. 16(a), redesignated

par. (15) defining ''fishery'', and par. (16), as pars. (16) and

(17), respectively, and struck out former par. (17) which defined

''intermediary nation''.

Pars. (18) to (27). Pub. L. 103-238, Sec. 12, added pars. (18) to

(27).

1992 - Pars. (5) to (11). Pub. L. 102-582 added par. (5) and

redesignated former pars. (5) to (10) as (6) to (11), respectively.

Par. (12). Pub. L. 102-587 substituted ''(A) Except as provided

in subparagraph (B), the term'' for ''The term'', redesignated

former subpars. (A) and (B) as cls. (i) and (ii), respectively, and

added subpar. (B). See Construction of Amendment by Pub. L. 102-587

note below.

Pub. L. 102-582 redesignated par. (11) as (12). Former par. (12)

redesignated (13).

Pars. (13), (14). Pub. L. 102-582 redesignated pars. (12) and

(13) as (13) and (14), respectively. Former par. (14) redesignated

(15).

Par. (15). Pub. L. 102-582 redesignated par. (14), defining

waters under the jurisdiction of the United States, as (15).

Pub. L. 102-523 added par. (15) defining fishery.

Pub. L. 102-251, Sec. 304, which directed the general amendment

of par. (15) by reenacting the introductory provisions and subpars.

(A) and (B) without substantial change and adding subpar. (C) which

read ''the areas referred to as eastern special areas in Article

3(1) of the Agreement between the United States of America and the

Union of Soviet Socialist Republics on the Maritime Boundary,

signed June 1, 1990; in particular, those areas east of the

maritime boundary, as defined in that Agreement, that lie within

200 nautical miles of the baselines from which the breadth of the

territorial sea of Russia is measured but beyond 200 nautical miles

of the baselines from which the breadth of the territorial sea of

the United States is measured.'', was repealed by Pub. L. 104-297,

Sec. 405(b)(2).

Pars. (16), (17). Pub. L. 102-523 added pars. (16) and (17).

1981 - Par. (1). Pub. L. 97-58, Sec. 1(b)(2)(A), substituted a

single management standard, that is, the maintenance of species at

their optimum sustainable population, for the former management

standard which had included the decline of a species or population

stock that had declined to a significant degree over a period of

years, the decline of a species or population stock which, if

continued or resumed, would place the species or stock within the

provisions of the Endangered Species Act of 1973, and a species or

population stock that was below the optimum carrying capacity for

the species or stock within its environment.

Par. (2). Pub. L. 97-58, Sec. 1(b)(2)(B), substituted ''their

optimum sustainable population'' for ''the optimum carrying

capacity of their habitat''.

Par. (8). Pub. L. 97-58, Sec. 1(a), (b)(2)(C), (D), redesignated

par. (9) as (8) and substituted ''carrying capacity'' for ''optimum

carrying capacity''. Former par. (8), which defined ''optimum

carrying capacity'' was struck out.

Pars. (9) to (12). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated

pars. (9) to (13) as (8) to (12), respectively.

Par. (13). Pub. L. 97-58, Sec. 1(b)(2)(C), (E), redesignated par.

(14) as (13) and substituted ''the Virgin Islands of the United

States, American Samoa, Guam, and Northern Mariana Islands'' for

''the Canal Zone, the possessions of the United States, and the

Trust Territory of the Pacific Islands''. Former par. (13)

redesignated (12).

Pars. (14), (15). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated

pars. (14) and (15) as (13) and (14), respectively.

1976 - Par. (15)(B). Pub. L. 94-265 substituted ''the waters

included within a zone, contiguous to the territorial sea of the

United States, of which the inner boundary is a line coterminous

with the seaward boundary of each coastal State, and the outer

boundary is a line drawn in such a manner that each point on it is

200 nautical miles from the baseline from which the territorial sea

is measured'' for ''the fisheries zone established pursuant to the

Act of October 14, 1966''.

1973 - Par. (1)(B). Pub. L. 93-205 substituted ''Endangered

Species Act of 1973'' for ''Endangered Species Conservation Act of

1969''.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 8 of Pub. L. 105-42 provided that:

''(a) Amendments to Take Effect When IDCP in Force. - Sections 3

through 7 of this Act (enacting sections 962, 1412, 1413, 1414a to

1416 of this title, amending sections 952, 953, 1362, 1371, 1374,

1378, 1380, 1385, 1411, and 1417 of this title, and repealing

sections 1412 to 1416 and 1418 of this title) (except for section

304 of the Marine Mammal Protection Act of 1972 as added by section

6 of this Act (section 1414a of this title)) shall become effective

upon -

''(1) certification by the Secretary of Commerce that -

''(A) sufficient funding is available to complete the first

year of the study required under section 304(a) of the Marine

Mammal Protection Act of 1972, as so added; and

''(B) the study has commenced; and

''(2) certification by the Secretary of State to Congress that

a binding resolution of the Inter-American Tropical Tuna

Commission or other legally binding instrument establishing the

International Dolphin Conservation Program has been adopted and

is in force.

''(b) Special Effective Date. - Notwithstanding subsection (a),

the Secretary of Commerce may issue regulations under -

''(1) subsection (f)(2) of the Dolphin Protection Consumer

Information Act (16 U.S.C. 1385(f)(2)), as added by section 5(b)

of this Act;

''(2) section 303(a) of the Marine Mammal Protection Act of

1972 (16 U.S.C. 1413(a)), as added by section 6(c) of this Act,

at any time after the date of enactment of this Act (Aug. 15,

1997).''

(The Secretary of Commerce made the certification referred to in

section 8(a)(1) of Pub. L. 105-42, set out above, on July 27, 1998,

and the Secretary of State made the certification referred to in

section 8(a)(2) of Pub. L. 105-42 on Mar. 3, 1999.)

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 24(e) of Pub. L. 103-238 provided that: ''The amendments

made by subsection (a) (amending this section) shall be effective

as if enacted as part of section 3004 of the Marine Mammal Health

and Stranding Response Act (106 Stat. 5067) (Pub. L. 102-587).''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 404(b) of Pub. L. 94-265 provided that the amendment made

by section 404(a) of Pub. L. 94-265 to this section was to take

effect Mar. 1, 1977, prior to the general amendment of title IV of

Pub. L. 94-265 by Pub. L. 104-297.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section

16 of Pub. L. 93-205, set out as an Effective Date note under

section 1531 of this title.

CONSTRUCTION OF AMENDMENT BY PUB. L. 102-587

Section 24(a)(1) of Pub. L. 103-238 provided that: ''The

amendments set forth in section 3004(b) of the Marine Mammal Health

and Stranding Response Act (106 Stat. 5067) (Pub. L. 102-587,

amending this section) -

''(A) are deemed to have been made by that section to section

3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1362(12)); and

''(B) shall not be considered to have been made by that section

to section 3(11) of that Act (16 U.S.C. 1362(11)).''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the ''transition period'',

being the 30-month period beginning Oct. 1, 1979, and ending

midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama

Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L.

96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified

to sections 3831 and 3841 to 3843, respectively, of Title 22,

Foreign Relations and Intercourse.

-MISC5-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section

14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1379, 1421f-1, 2404,

2902, 3743 of this title.

-CITE-

16 USC SUBCHAPTER II - CONSERVATION AND PROTECTION OF

MARINE MAMMALS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-CITE-

16 USC Sec. 1371 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1371. Moratorium on taking and importing marine mammals and

marine mammal products

-STATUTE-

(a) Imposition; exceptions

There shall be a moratorium on the taking and importation of

marine mammals and marine mammal products, commencing on the

effective date of this chapter, during which time no permit may be

issued for the taking of any marine mammal and no marine mammal or

marine mammal product may be imported into the United States except

in the following cases:

(1) Consistent with the provisions of section 1374 of this

title, permits may be issued by the Secretary for taking, and

importation for purposes of scientific research, public display,

photography for educational or commercial purposes, or enhancing

the survival or recovery of a species or stock, or for

importation of polar bear parts (other than internal organs)

taken in sport hunts in Canada. Such permits, except permits

issued under section 1374(c)(5) of this title, may be issued if

the taking or importation proposed to be made is first reviewed

by the Marine Mammal Commission and the Committee of Scientific

Advisors on Marine Mammals established under subchapter III of

this chapter. The Commission and Committee shall recommend any

proposed taking or importation, other than importation under

section 1374(c)(5) of this title, which is consistent with the

purposes and policies of section 1361 of this title. If the

Secretary issues such a permit for importation, the Secretary

shall issue to the importer concerned a certificate to that

effect in such form as the Secretary of the Treasury prescribes,

and such importation may be made upon presentation of the

certificate to the customs officer concerned.

(2) Marine mammals may be taken incidentally in the course of

commercial fishing operations and permits may be issued therefor

under section 1374 of this title subject to regulations

prescribed by the Secretary in accordance with section 1373 of

this title, or in lieu of such permits, authorizations may be

granted therefor under section 1387 of this title, subject to

regulations prescribed under that section by the Secretary

without regard to section 1373 of this title. Such

authorizations may be granted under subchapter IV of this chapter

with respect to purse seine fishing for yellowfin tuna in the

eastern tropical Pacific Ocean, subject to regulations prescribed

under that subchapter by the Secretary without regard to section

1373 of this title. In any event it shall be the immediate goal

that the incidental kill or incidental serious injury of marine

mammals permitted in the course of commercial fishing operations

be reduced to insignificant levels approaching a zero mortality

and serious injury rate. The Secretary of the Treasury shall ban

the importation of commercial fish or products from fish which

have been caught with commercial fishing technology which results

in the incidental kill or incidental serious injury of ocean

mammals in excess of United States standards. For purposes of

applying the preceding sentence, the Secretary -

(A) shall insist on reasonable proof from the government of

any nation from which fish or fish products will be exported to

the United States of the effects on ocean mammals of the

commercial fishing technology in use for such fish or fish

products exported from such nation to the United States;

(B) in the case of yellowfin tuna harvested with purse seine

nets in the eastern tropical Pacific Ocean, and products

therefrom, to be exported to the United States, shall require

that the government of the exporting nation provide documentary

evidence that -

(i)(I) the tuna or products therefrom were not banned from

importation under this paragraph before the effective date of

section 4 of the International Dolphin Conservation Program

Act; or

(II) the tuna or products therefrom were harvested after

the effective date of section 4 of the International Dolphin

Conservation Program Act by vessels of a nation which

participates in the International Dolphin Conservation

Program, and such harvesting nation is either a member of the

Inter-American Tropical Tuna Commission or has initiated (and

within 6 months thereafter completed) all steps required of

applicant nations, in accordance with article V, paragraph 3

of the Convention establishing the Inter-American Tropical

Tuna Commission, to become a member of that organization;

(ii) such nation is meeting the obligations of the

International Dolphin Conservation Program and the

obligations of membership in the Inter-American Tropical Tuna

Commission, including all financial obligations; and

(iii) the total dolphin mortality limits, and per-stock

per-year dolphin mortality limits permitted for that nation's

vessels under the International Dolphin Conservation Program

do not exceed the limits determined for 1997, or for any year

thereafter, consistent with the objective of progressively

reducing dolphin mortality to a level approaching zero

through the setting of annual limits and the goal of

eliminating dolphin mortality, and requirements of the

International Dolphin Conservation Program;

(i) the government of the harvesting nation does not

provide directly or authorize the Inter-American Tropical

Tuna Commission to release complete and accurate information

to the Secretary in a timely manner -

(I) to allow determination of compliance with the

International Dolphin Conservation Program; and

(II) for the purposes of tracking and verifying

compliance with the minimum requirements established by the

Secretary in regulations promulgated under section 1385(f)

of this title; or

(ii) after taking into consideration such information,

findings of the Inter-American Tropical Tuna Commission, and

any other relevant information, including information that a

nation is consistently failing to take enforcement actions on

violations which diminish the effectiveness of the

International Dolphin Conservation Program, the Secretary, in

consultation with the Secretary of State, finds that the

harvesting nation is not in compliance with the International

Dolphin Conservation Program.

(D) shall require the government of any intermediary nation

to certify and provide reasonable proof to the Secretary that

it has not imported, within the preceding six months, any

yellowfin tuna or yellowfin tuna products that are subject to a

direct ban on importation to the United States under

subparagraph (B);

(E) shall, six months after importation of yellowfin tuna or

tuna products has been banned under this section, certify such

fact to the President, which certification shall be deemed to

be a certification for the purposes of section 1978(a) of title

22 for as long as such ban is in effect; and

(F)(i) except as provided in clause (ii), in the case of fish

or products containing fish harvested by a nation whose fishing

vessels engage in high seas driftnet fishing, shall require

that the government of the exporting nation provide documentary

evidence that the fish or fish product was not harvested with a

large-scale driftnet in the South Pacific Ocean after July 1,

1991, or in any other water of the high seas after January 1,

1993, and

(ii) in the case of tuna or a product containing tuna

harvested by a nation whose fishing vessels engage in high seas

driftnet fishing, shall require that the government of the

exporting nation provide documentary evidence that the tuna or

tuna product was not harvested with a large-scale driftnet

anywhere on the high seas after July 1, 1991.

For purposes of subparagraph (F), the term ''driftnet'' has the

meaning given such term in section 4003 of the Driftnet Impact

Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822

note), except that, until January 1, 1994, the term ''driftnet''

does not include the use in the northeast Atlantic Ocean of

gillnets with a total length not to exceed five kilometers if the

use is in accordance with regulations adopted by the European

Community pursuant to the October 28, 1991, decision by the

Council of Fisheries Ministers of the Community.

(3)(A) The Secretary, on the basis of the best scientific

evidence available and in consultation with the Marine Mammal

Commission, is authorized and directed, from time to time, having

due regard to the distribution, abundance, breeding habits, and

times and lines of migratory movements of such marine mammals, to

determine when, to what extent, if at all, and by what means, it

is compatible with this chapter to waive the requirements of this

section so as to allow taking, or importing of any marine mammal,

or any marine mammal product, and to adopt suitable regulations,

issue permits, and make determinations in accordance with

sections 1372, 1373, 1374, and 1381 of this title permitting and

governing such taking and importing, in accordance with such

determinations: Provided, however, That the Secretary, in making

such determinations must be assured that the taking of such

marine mammal is in accord with sound principles of resource

protection and conservation as provided in the purposes and

policies of this chapter: Provided, further, however, That no

marine mammal or no marine mammal product may be imported into

the United States unless the Secretary certifies that the program

for taking marine mammals in the country of origin is consistent

with the provisions and policies of this chapter. Products of

nations not so certified may not be imported into the United

States for any purpose, including processing for exportation.

(B) Except for scientific research purposes, photography for

educational or commercial purposes, or enhancing the survival or

recovery of a species or stock as provided for in paragraph (1)

of this subsection, or as provided for under paragraph (5) of

this subsection, during the moratorium no permit may be issued

for the taking of any marine mammal which has been designated by

the Secretary as depleted, and no importation may be made of any

such mammal.

(4)(A) Except as provided in subparagraphs (B) and (C), the

provisions of this chapter shall not apply to the use of measures

(i) by the owner of fishing gear or catch, or an employee or

agent of such owner, to deter a marine mammal from damaging the

gear or catch;

(ii) by the owner of other private property, or an agent,

bailee, or employee of such owner, to deter a marine mammal

from damaging private property;

(iii) by any person, to deter a marine mammal from

endangering personal safety; or

(iv) by a government employee, to deter a marine mammal from

damaging public property,

so long as such measures do not result in the death or serious

injury of a marine mammal.

(B) The Secretary shall, through consultation with appropriate

experts, and after notice and opportunity for public comment,

publish in the Federal Register a list of guidelines for use in

safely deterring marine mammals. In the case of marine mammals

listed as endangered species or threatened species under the

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the

Secretary shall recommend specific measures which may be used to

nonlethally deter marine mammals. Actions to deter marine

mammals consistent with such guidelines or specific measures

shall not be a violation of this chapter.

information available, that certain forms of deterrence have a

significant adverse effect on marine mammals, the Secretary may

prohibit such deterrent methods, after notice and opportunity for

public comment, through regulation under this chapter.

(D) The authority to deter marine mammals pursuant to

subparagraph (A) applies to all marine mammals, including all

stocks designated as depleted under this chapter.

(5)(A) Upon request therefor by citizens of the United States

who engage in a specified activity (other than commercial

fishing) within a specified geographical region, the Secretary

shall allow, during periods of not more than five consecutive

years each, the incidental, but not intentional, taking by

citizens while engaging in that activity within that region of

small numbers of marine mammals of a species or population stock

if the Secretary, after notice (in the Federal Register and in

newspapers of general circulation, and through appropriate

electronic media, in the coastal areas that may be affected by

such activity) and opportunity for public comment -

(i) finds that the total of such taking during each five-year

(or less) period concerned will have a negligible impact on

such species or stock and will not have an unmitigable adverse

impact on the availability of such species or stock for taking

for subsistence uses pursuant to subsection (b) of this section

or section 1379(f) of this title or, in the case of a

cooperative agreement under both this chapter and the Whaling

Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to

section 1382(c) of this title; and

(ii) prescribes regulations setting forth -

(I) permissible methods of taking pursuant to such

activity, and other means of effecting the least practicable

adverse impact on such species or stock and its habitat,

paying particular attention to rookeries, mating grounds, and

areas of similar significance, and on the availability of

such species or stock for subsistence uses; and

(II) requirements pertaining to the monitoring and

reporting of such taking.

(B) The Secretary shall withdraw, or suspend for a time certain

(either on an individual or class basis, as appropriate) the

permission to take marine mammals under subparagraph (A) pursuant

to a specified activity within a specified geographical region if

the Secretary finds, after notice and opportunity for public

comment (as required under subparagraph (A) unless subparagraph

(C)(i) applies), that -

(i) the regulations prescribed under subparagraph (A)

regarding methods of taking, monitoring, or reporting are not

being substantially complied with by a person engaging in such

activity; or

(ii) the taking allowed under subparagraph (A) pursuant to

one or more activities within one or more regions is having, or

may have, more than a negligible impact on the species or stock

concerned.

(C)(i) The requirement for notice and opportunity for public

comment in subparagraph (B) shall not apply in the case of a

suspension of permission to take if the Secretary determines that

an emergency exists which poses a significant risk to the

well-being of the species or stock concerned.

(ii) Sections 1373 and 1374 of this title shall not apply to

the taking of marine mammals under the authority of this

paragraph.

(D)(i) Upon request therefor by citizens of the United States

who engage in a specified activity (other than commercial

fishing) within a specific geographic region, the Secretary shall

authorize, for periods of not more than 1 year, subject to such

conditions as the Secretary may specify, the incidental, but not

intentional, taking by harassment of small numbers of marine

mammals of a species or population stock by such citizens while

engaging in that activity within that region if the Secretary

finds that such harassment during each period concerned -

(I) will have a negligible impact on such species or stock,

and

(II) will not have an unmitigable adverse impact on the

availability of such species or stock for taking for

subsistence uses pursuant to subsection (b) of this section, or

section 1379(f) of this title or pursuant to a cooperative

agreement under section 1388 of this title.

(ii) The authorization for such activity shall prescribe, where

applicable -

(I) permissible methods of taking by harassment pursuant to

such activity, and other means of effecting the least

practicable impact on such species or stock and its habitat,

paying particular attention to rookeries, mating grounds, and

areas of similar significance, and on the availability of such

species or stock for taking for subsistence uses pursuant to

subsection (b) of this section or section 1379(f) of this title

or pursuant to a cooperative agreement under section 1388 of

this title,

(II) the measures that the Secretary determines are necessary

to ensure no unmitigable adverse impact on the availability of

the species or stock for taking for subsistence uses pursuant

to subsection (b) of this section or section 1379(f) of this

title or pursuant to a cooperative agreement under section 1388

of this title, and

(III) requirements pertaining to the monitoring and reporting

of such taking by harassment, including requirements for the

independent peer review of proposed monitoring plans or other

research proposals where the proposed activity may affect the

availability of a species or stock for taking for subsistence

uses pursuant to subsection (b) of this section or section

1379(f) of this title or pursuant to a cooperative agreement

under section 1388 of this title.

(iii) The Secretary shall publish a proposed authorization not

later than 45 days after receiving an application under this

subparagraph and request public comment through notice in the

Federal Register, newspapers of general circulation, and

appropriate electronic media and to all locally affected

communities for a period of 30 days after publication. Not later

than 45 days after the close of the public comment period, if the

Secretary makes the findings set forth in clause (i), the

Secretary shall issue an authorization with appropriate

conditions to meet the requirements of clause (ii).

(iv) The Secretary shall modify, suspend, or revoke an

authorization if the Secretary finds that the provisions of

clauses (i) or (ii) are not being met.

(v) A person conducting an activity for which an authorization

has been granted under this subparagraph shall not be subject to

the penalties of this chapter for taking by harassment that

occurs in compliance with such authorization.

(E)(i) During any period of up to 3 consecutive years, the

Secretary shall allow the incidental, but not the intentional,

taking by persons using vessels of the United States or vessels

which have valid fishing permits issued by the Secretary in

accordance with section 1824(b) of this title, while engaging in

commercial fishing operations, of marine mammals from a species

or stock designated as depleted because of its listing as an

endangered species or threatened species under the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary,

after notice and opportunity for public comment, determines that

(I) the incidental mortality and serious injury from

commercial fisheries will have a negligible impact on such

species or stock;

(II) a recovery plan has been developed or is being developed

for such species or stock pursuant to the Endangered Species

Act of 1973; and

(III) where required under section 1387 of this title, a

monitoring program is established under subsection (d) of such

section, vessels engaged in such fisheries are registered in

accordance with such section, and a take reduction plan has

been developed or is being developed for such species or stock.

(ii) Upon a determination by the Secretary that the

requirements of clause (i) have been met, the Secretary shall

publish in the Federal Register a list of those fisheries for

which such determination was made, and, for vessels required to

appropriate permit for each authorization granted under such

section to vessels to which this paragraph applies. Vessels

engaged in a fishery included in the notice published by the

Secretary under this clause which are not required to register

under section 1387 of this title shall not be subject to the

penalties of this chapter for the incidental taking of marine

mammals to which this paragraph applies, so long as the owner or

master of such vessel reports any incidental mortality or injury

of such marine mammals to the Secretary in accordance with

section 1387 of this title.

(iii) If, during the course of the commercial fishing season,

the Secretary determines that the level of incidental mortality

or serious injury from commercial fisheries for which a

determination was made under clause (i) has resulted or is likely

to result in an impact that is more than negligible on the

endangered or threatened species or stock, the Secretary shall

use the emergency authority granted under section 1387 of this

title to protect such species or stock, and may modify any permit

granted under this paragraph as necessary.

(iv) The Secretary may suspend for a time certain or revoke a

permit granted under this subparagraph only if the Secretary

determines that the conditions or limitations set forth in such

permit are not being complied with. The Secretary may amend or

modify, after notice and opportunity for public comment, the list

of fisheries published under clause (ii) whenever the Secretary

determines there has been a significant change in the information

or conditions used to determine such list.

(v) Sections 1373 and 1374 of this title shall not apply to the

taking of marine mammals under the authority of this

subparagraph.

(vi) This subparagraph shall not govern the incidental taking

of California sea otters and shall not be deemed to amend or

repeal the Act of November 7, 1986 (Public Law 99-625; 100 Stat.

3500).

(6)(A) A marine mammal product may be imported into the United

States if the product -

(i) was legally possessed and exported by any citizen of the

United States in conjunction with travel outside the United

States, provided that the product is imported into the United

States by the same person upon the termination of travel;

(ii) was acquired outside of the United States as part of a

cultural exchange by an Indian, Aleut, or Eskimo residing in

Alaska; or

(iii) is owned by a Native inhabitant of Russia, Canada, or

Greenland and is imported for noncommercial purposes in

conjunction with travel within the United States or as part of

a cultural exchange with an Indian, Aleut, or Eskimo residing

in Alaska.

(B) For the purposes of this paragraph, the term -

(i) ''Native inhabitant of Russia, Canada, or Greenland''

means a person residing in Russia, Canada, or Greenland who is

related by blood, is a member of the same clan or ethnological

grouping, or shares a common heritage with an Indian, Aleut, or

Eskimo residing in Alaska; and

(ii) ''cultural exchange'' means the sharing or exchange of

ideas, information, gifts, clothing, or handicrafts between an

Indian, Aleut, or Eskimo residing in Alaska and a Native

inhabitant of Russia, Canada, or Greenland, including rendering

of raw marine mammal parts as part of such exchange into

clothing or handicrafts through carving, painting, sewing, or

decorating.

(b) Exemptions for Alaskan natives

Except as provided in section 1379 of this title, the provisions

of this chapter shall not apply with respect to the taking of any

marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska

and who dwells on the coast of the North Pacific Ocean or the

Arctic Ocean if such taking -

(1) is for subsistence purposes; or

(2) is done for purposes of creating and selling authentic

native articles of handicrafts and clothing: Provided, That only

authentic native articles of handicrafts and clothing may be sold

in interstate commerce: And provided further, That any edible

portion of marine mammals may be sold in native villages and

towns in Alaska or for native consumption. For the purposes of

this subsection, the term ''authentic native articles of

handicrafts and clothing'' means items composed wholly or in some

significant respect of natural materials, and which are produced,

decorated, or fashioned in the exercise of traditional native

handicrafts without the use of pantographs, multiple carvers, or

other mass copying devices. Traditional native handicrafts

include, but are not limited to weaving, carving, stitching,

sewing, lacing, beading, drawing and painting; and

(3) in each case, is not accomplished in a wasteful manner.

Notwithstanding the preceding provisions of this subsection, when,

under this chapter, the Secretary determines any species or stock

of marine mammal subject to taking by Indians, Aleuts, or Eskimos

to be depleted, he may prescribe regulations upon the taking of

such marine mammals by any Indian, Aleut, or Eskimo described in

this subsection. Such regulations may be established with

reference to species or stocks, geographical description of the

area included, the season for taking, or any other factors related

to the reason for establishing such regulations and consistent with

the purposes of this chapter. Such regulations shall be prescribed

after notice and hearing required by section 1373 of this title and

shall be removed as soon as the Secretary determines that the need

for their imposition has disappeared. In promulgating any

regulation or making any assessment pursuant to a hearing or

proceeding under this subsection or section 1386(b)(2) of this

title, or in making any determination of depletion under this

subsection or finding regarding unmitigable adverse impacts under

subsection (a)(5) of this section that affects stocks or persons to

which this subsection applies, the Secretary shall be responsible

for demonstrating that such regulation, assessment, determination,

or finding is supported by substantial evidence on the basis of the

record as a whole. The preceding sentence shall only be applicable

in an action brought by one or more Alaska Native organizations

representing persons to which this subsection applies.

It shall not be a violation of this chapter to take a marine

mammal if such taking is imminently necessary in self-defense or to

save the life of a person in immediate danger, and such taking is

reported to the Secretary within 48 hours. The Secretary may seize

and dispose of any carcass.

(d) Good Samaritan exemption

It shall not be a violation of this chapter to take a marine

mammal if -

(1) such taking is imminently necessary to avoid serious

injury, additional injury, or death to a marine mammal entangled

in fishing gear or debris;

(2) reasonable care is taken to ensure the safe release of the

marine mammal, taking into consideration the equipment,

expertise, and conditions at hand;

(3) reasonable care is exercised to prevent any further injury

to the marine mammal; and

(4) such taking is reported to the Secretary within 48 hours.

(e) Chapter not to apply to incidental takings by United States

citizens employed on foreign vessels outside United States EEZ

The provisions of this chapter shall not apply to a citizen of

the United States who incidentally takes any marine mammal during

fishing operations outside the United States exclusive economic

zone (as defined in section 1802 of this title) when employed on a

foreign fishing vessel of a harvesting nation which is in

compliance with the International Dolphin Conservation Program.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 101, Oct. 21, 1972, 86 Stat. 1029;

Pub. L. 93-205, Sec. 13(e)(2), Dec. 28, 1973, 87 Stat. 903; Pub. L.

97-58, Sec. 2, Oct. 9, 1981, 95 Stat. 979; Pub. L. 98-364, title I,

Sec. 101, July 17, 1984, 98 Stat. 440; Pub. L. 99-659, title IV,

Sec. 411(a), Nov. 14, 1986, 100 Stat. 3741; Pub. L. 100-711, Sec.

4(a), 5(c), (e)(1), Nov. 23, 1988, 102 Stat. 4765, 4769, 4771; Pub.

L. 101-627, title IX, Sec. 901(g), Nov. 28, 1990, 104 Stat. 4467;

Pub. L. 102-582, title I, Sec. 103, title IV, Sec. 401(b), Nov. 2,

1992, 106 Stat. 4903, 4909; Pub. L. 103-238, Sec. 4, Apr. 30, 1994,

108 Stat. 532; Pub. L. 104-208, div. A, title I, Sec. 101(a)

(title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41;

Pub. L. 105-18, title II, Sec. 2003, June 12, 1997, 111 Stat. 174;

Pub. L. 105-42, Sec. 4(a)-(c), Aug. 15, 1997, 111 Stat. 1123,

1124.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (a),

means the effective date of Pub. L. 92-522. See section 4 of Pub.

L. 92-522, set out as an Effective Date note under section 1361 of

this title.

For effective date of section 4 of the International Dolphin

Conservation Program Act (Pub. L. 105-42), referred to in subsec.

(a)(2)(B)(i), see section 8 of Pub. L. 105-42 set out as an

Effective Date of 1997 Amendment note under section 1362 of this

title.

The Endangered Species Act of 1973, referred to in subsec.

(a)(4)(B), (5)(E)(i), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat.

884, as amended, which is classified principally to chapter 35

(Sec. 1531 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1531 of this title and Tables.

The Whaling Convention Act of 1949, referred to in subsec.

(a)(5)(A)(i), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as

amended, which is classified generally to subchapter II (Sec. 916

et seq.) of chapter 14 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

916 of this title and Tables.

Act of November 7, 1986, referred to in subsec. (a)(5)(E)(vi), is

Pub. L. 99-625, Nov. 7, 1986, 100 Stat. 3500, which amended section

718b of this title and provisions listed in a table of National

Wildlife Refuges set out under section 668dd of this title and

enacted provisions set out as a note under section 1536 of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(2). Pub. L. 105-42, Sec. 4(a), (b)(4), in

introductory provisions, inserted after first sentence ''Such

authorizations may be granted under subchapter IV of this chapter

with respect to purse seine fishing for yellowfin tuna in the

eastern tropical Pacific Ocean, subject to regulations prescribed

under that subchapter by the Secretary without regard to section

1373 of this title.'' and struck out ''; provided that this goal

shall be satisfied in the case of the incidental taking of marine

mammals in the course of purse seine fishing for yellowfin tuna by

a continuation of the application of the best marine mammal safety

techniques and equipment that are economically and technologically

practicable'' after ''serious injury rate'' and, in closing

provisions, substituted ''For purposes of subparagraph (F)'' for

''For purposes of subparagraph (E)''.

Subsec. (a)(2)(B). Pub. L. 105-42, Sec. 4(b)(1), added subpar.

(B) and struck out former subpar. (B) which contained requirement

that nations exporting yellowfin tuna harvested with purse seines

in eastern tropical Pacific Ocean provide documentary evidence of

adoption of regulatory program governing incidental taking of other

mammals and comparison of the average rates of incidental taking

between harvesting nation and United States.

Subsec. (a)(2)(C) to (F). Pub. L. 105-42, Sec. 4(b)(2), (3),

added subpar. (C) and redesignated former subpars. (C) to (E) as

(D) to (F), respectively.

Subsec. (d). Pub. L. 105-18 added subsec. (d).

Subsec. (e). Pub. L. 105-42, Sec. 4(c), added subsec. (e).

1996 - Subsec. (a)(5)(E)(i). Pub. L. 104-208 made technical

amendment to reference in original act which appears in text as

reference to section 1824(b) of this title.

1994 - Subsec. (a)(1). Pub. L. 103-238, Sec. 4(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''Consistent with the provisions of section 1374 of this title,

permits may be issued by the Secretary for taking and importation

for purposes of scientific research, public display, or enhancing

the survival or recovery of a species or stock if -

''(A) the taking proposed in the application for any such

permit, or

''(B) the importation proposed to be made,

is first reviewed by the Marine Mammal Commission and the Committee

of Scientific Advisors on Marine Mammals established under

subchapter III of this chapter. The Commission and Committee shall

recommend any proposed taking or importation which is consistent

with the purposes and policies of section 1361 of this title. The

Secretary shall, if he grants approval for importation, issue to

the importer concerned a certificate to that effect which shall be

in such form as the Secretary of the Treasury prescribes and such

importation may be made upon presentation of the certificate to the

customs officer concerned.''

Subsec. (a)(2). Pub. L. 103-238, Sec. 4(a)(2), inserted before

period at end of first sentence '', or in lieu of such permits,

authorizations may be granted therefor under section 1387 of this

title, subject to regulations prescribed under that section by the

Secretary without regard to section 1373 of this title''.

Subsec. (a)(3)(B). Pub. L. 103-238, Sec. 4(a)(3), inserted '',

photography for educational or commercial purposes,'' after

''purposes'' and ''or as provided for under paragraph (5) of this

subsection,'' after ''subsection,''.

Subsec. (a)(4). Pub. L. 103-238, Sec. 4(a)(4), amended par. (4)

generally. Prior to amendment, par. (4) read as follows:

''(4)(A) During any period of five consecutive years, the

Secretary shall allow the incidental, but not the intentional,

taking, by citizens of the United States while engaging in

commercial fishing operations, of small numbers of marine mammals

of a species or population stock that is not depleted if the

Secretary, after notice and opportunity for public comment -

''(i) finds that the total of such taking during such five-year

period will have a negligible impact on such species or stock;

and

''(ii) provides guidelines pertaining to the establishment of a

cooperative system among the fishermen involved for the

monitoring of such taking.

''(B) The Secretary shall withdraw, or suspend for a time

certain, the permission to take marine mammals under subparagraph

(A) if the Secretary finds, after notice and opportunity for public

comment, that -

''(i) the taking allowed under subparagraph (A) is having more

than a negligible impact on the species or stock concerned; or

''(ii) the policies, purposes and goals of this chapter would

be better served through the application of this title without

regard to this subsection.

Sections 1373 and 1374 of this title shall not apply to the taking

of marine mammals under the authority of this paragraph.''

Subsec. (a)(5)(D), (E). Pub. L. 103-238, Sec. 4(a)(5), added

subpars. (D) and (E).

Subsec. (a)(6). Pub. L. 103-238, Sec. 4(a)(6), added par. (6).

Subsec. (b). Pub. L. 103-238, Sec. 4(b), inserted at end ''In

promulgating any regulation or making any assessment pursuant to a

hearing or proceeding under this subsection or section 1386(b)(2)

of this title, or in making any determination of depletion under

this subsection or finding regarding unmitigable adverse impacts

under subsection (a)(5) of this section that affects stocks or

persons to which this subsection applies, the Secretary shall be

responsible for demonstrating that such regulation, assessment,

determination, or finding is supported by substantial evidence on

the basis of the record as a whole. The preceding sentence shall

only be applicable in an action brought by one or more Alaska

Native organizations representing persons to which this subsection

applies.''

Subsec. (c). Pub. L. 103-238, Sec. 4(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''In

order to minimize undue economic hardship to persons subject to

this chapter, other than those engaged in commercial fishing

operations referred to in subsection (a)(2) of this section, the

Secretary, upon any such person filing an application with him and

upon filing such information as the Secretary may require showing,

to his satisfaction, such hardship, may exempt such person or class

of persons from provisions of this chapter for no more than one

year from October 21, 1972, as he determines to be appropriate.''

1992 - Subsec. (a)(2). Pub. L. 102-582, Sec. 103(2), inserted

before period at end '', except that, until January 1, 1994, the

term 'driftnet' does not include the use in the northeast Atlantic

Ocean of gillnets with a total length not to exceed five kilometers

if the use is in accordance with regulations adopted by the

European Community pursuant to the October 28, 1991, decision by

the Council of Fisheries Ministers of the Community''.

Subsec. (a)(2)(C). Pub. L. 102-582, Sec. 401(b), amended subpar.

''shall require the government of any intermediary nation from

which yellowfin tuna or tuna products will be exported to the

United States to certify and provide reasonable proof that it has

acted to prohibit the importation of such tuna and tuna products

from any nation from which direct export to the United States of

such tuna and tuna products is banned under this section within

sixty days following the effective date of such ban on importation

to the United States;''.

Subsec. (a)(2)(E)(i). Pub. L. 102-582, Sec. 103(1), substituted

''January 1, 1993'' for ''July 1, 1992''.

1990 - Subsec. (a)(2). Pub. L. 101-627 added subpar. (E) and

concluding provisions.

1988 - Subsec. (a)(1). Pub. L. 100-711, Sec. 5(c), which directed

that par. (1) be amended generally to read as follows: ''(1)

Consistent with the provisions of section 1374 of this title,

permits may be issued by the Secretary for taking and importation

for purposes of scientific research, public display, or enhancing

the survival or recovery of a species or stock if - '', was

executed as the probable intent of Congress by substituting such

provisions for provisions of par. (1) before subpar. (A) which read

as follows: ''Permits may be issued by the Secretary for taking and

importation for purposes of scientific research and for public

display if - ''.

Subsec. (a)(2). Pub. L. 100-711, Sec. 4(a), inserted provisions

at end of subpar. (B) relating to finding by Secretary that

regulatory program, or average rate of incidental taking by

vessels, of harvesting nation is comparable to that of United

States, and added subpars. (C) and (D).

Subsec. (a)(3)(B). Pub. L. 100-711, Sec. 5(e)(1), inserted ''or

enhancing the survival or recovery of a species or stock'' after

''scientific research purposes''.

1986 - Subsec. (a)(5)(A). Pub. L. 99-659, Sec. 411(a)(1), in

provisions preceding cl. (i) struck out ''that is not depleted''

after ''population stock''.

Subsec. (a)(5)(A)(i). Pub. L. 99-659, Sec. 411(a)(2), substituted

''will not have an unmitigable adverse impact'' for ''its habitat,

and'', and inserted ''or, in the case of a cooperative agreement

under both this chapter and the Whaling Convention Act of 1949 (16

U.S.C. 916 et seq.), pursuant to section 1382(c) of this title''.

Subsec. (a)(5)(A)(ii)(I). Pub. L. 99-659, Sec. 411(a)(3),

inserted '', and on the availability of such species or stock for

subsistence uses''.

1984 - Subsec. (a)(2). Pub. L. 98-364 amended last sentence

generally, restating existing provisions in cl. (A) and adding cl.

(B).

1981 - Subsec. (a)(2). Pub. L. 97-58, Sec. 2(1)(A), provided that

the immediate goal of reducing to insignificant levels approaching

a zero mortality and serious injury rate the incidental kill or

serious injury of marine mammals permitted in the course of

commercial fishing operations be satisfied in the case of purse

seine fishing for yellowfin tuna by a continuation of the

application of the best marine mammal safety techniques and

equipment that are economically and technologically practicable.

Subsec. (a)(3)(B). Pub. L. 97-58, Sec. 2(1)(B), struck out ''is

classified as belonging to an endangered species or threatened

species pursuant to the Endangered Species Act of 1973 or'' after

''the taking of any marine mammal which''.

Subsec. (a)(4), (5). Pub. L. 97-58, Sec. 2(1)(C), added pars. (4)

and (5).

Subsec. (b). Pub. L. 97-58, Sec. 2(2), substituted ''Except as

provided in section 1379 of this title, the provisions of this

chapter shall not apply with respect to the taking of any marine

mammal by any Indian, Aleut, or Eskimo who resides in Alaska and''

for ''The provisions of this chapter shall not apply with respect

to the taking of any marine mammal by any Indian, Aleut, or

Eskimo'' in provisions preceding par. (1) and, in par. (1),

substituted ''is for subsistence purposes; or'' for ''is for

subsistence purposes by Alaskan natives who reside in Alaska, or''.

1973 - Subsec. (a)(3)(B). Pub. L. 93-205 substituted ''or

threatened species pursuant to the Endangered Species Act of 1973''

for ''pursuant to the Endangered Species Conservation Act of

1969''.

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this