
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1371]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1371. Moratorium on taking and importing marine mammals and 
        marine mammal products
        

(a) Imposition; exceptions

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

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

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

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

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

    so long as such measures do not result in the death or serious 
    injury of a marine mammal.
        (B) The Secretary shall, through consultation with appropriate 
    experts, and after notice and opportunity for public comment, 
    publish in the Federal Register a list of guidelines for use in 
    safely deterring marine mammals. In the case of marine mammals 
    listed as endangered species or threatened species under the 
    Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], the 
    Secretary shall recommend specific measures which may be used to 
    nonlethally deter marine mammals. Actions to deter marine mammals 
    consistent with such guidelines or specific measures shall not be a 
    violation of this chapter.
        (C) If the Secretary determines, using the best scientific 
    information available, that certain forms of deterrence have a 
    significant adverse effect on marine mammals, the Secretary may 
    prohibit such deterrent methods, after notice and opportunity for 
    public comment, through regulation under this chapter.
        (D) The authority to deter marine mammals pursuant to 
    subparagraph (A) applies to all marine mammals, including all stocks 
    designated as depleted under this chapter.
        (5)(A) 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 register under 
    section 1387 of this title, shall issue an appropriate permit for 
    each authorization granted under such section to vessels to which 
    this paragraph applies. Vessels engaged in a fishery included in the 
    notice published by the Secretary under this clause which are not 
    required to register under section 1387 of this title shall not be 
    subject to the penalties of this chapter for the incidental taking 
    of marine mammals to which this paragraph applies, so long as the 
    owner or master of such vessel reports any incidental mortality or 
    injury of such marine mammals to the Secretary in accordance with 
    section 1387 of this title.
        (iii) If, during the course of the commercial fishing season, 
    the Secretary determines that the level of incidental mortality or 
    serious injury from commercial fisheries for which a determination 
    was made under clause (i) has resulted or is likely to result in an 
    impact that is more than negligible on the endangered or threatened 
    species or stock, the Secretary shall use the emergency authority 
    granted under section 1387 of this title to protect such species or 
    stock, and may modify any permit granted under this paragraph as 
    necessary.
        (iv) The Secretary may suspend for a time certain or revoke a 
    permit granted under this subparagraph only if the Secretary 
    determines that the conditions or limitations set forth in such 
    permit are not being complied with. The Secretary may amend or 
    modify, after notice and opportunity for public comment, the list of 
    fisheries published under clause (ii) whenever the Secretary 
    determines there has been a significant change in the information or 
    conditions used to determine such list.
        (v) Sections 1373 and 1374 of this title shall not apply to the 
    taking of marine mammals under the authority of this subparagraph.
        (vi) This subparagraph shall not govern the incidental taking of 
    California sea otters and shall not be deemed to amend or repeal the 
    Act of November 7, 1986 (Public Law 99-625; 100 Stat. 3500).
        (6)(A) A marine mammal product may be imported into the United 
    States if the product--
            (i) was legally possessed and exported by any citizen of the 
        United States in conjunction with travel outside the United 
        States, provided that the product is imported into the United 
        States by the same person upon the termination of travel;
            (ii) was acquired outside of the United States as part of a 
        cultural exchange by an Indian, Aleut, or Eskimo residing in 
        Alaska; or
            (iii) is owned by a Native inhabitant of Russia, Canada, or 
        Greenland and is imported for noncommercial purposes in 
        conjunction with travel within the United States or as part of a 
        cultural exchange with an Indian, Aleut, or Eskimo residing in 
        Alaska.

        (B) For the purposes of this paragraph, the term--
            (i) ``Native inhabitant of Russia, Canada, or Greenland'' 
        means a person residing in Russia, Canada, or Greenland who is 
        related by blood, is a member of the same clan or ethnological 
        grouping, or shares a common heritage with an Indian, Aleut, or 
        Eskimo residing in Alaska; and
            (ii) ``cultural exchange'' means the sharing or exchange of 
        ideas, information, gifts, clothing, or handicrafts between an 
        Indian, Aleut, or Eskimo residing in Alaska and a Native 
        inhabitant of Russia, Canada, or Greenland, including rendering 
        of raw marine mammal parts as part of such exchange into 
        clothing or handicrafts through carving, painting, sewing, or 
        decorating.

(b) Exemptions for Alaskan natives

    Except as provided in section 1379 of this title, the provisions of 
this chapter shall not apply with respect to the taking of any marine 
mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who 
dwells on the coast of the North Pacific Ocean or the Arctic Ocean if 
such taking--
        (1) is for subsistence purposes; or
        (2) is done for purposes of creating and selling authentic 
    native articles of handicrafts and clothing: Provided, That only 
    authentic native articles of handicrafts and clothing may be sold in 
    interstate commerce: And provided further, That any edible portion 
    of marine mammals may be sold in native villages and towns in Alaska 
    or for native consumption. For the purposes of this subsection, the 
    term ``authentic native articles of handicrafts and clothing'' means 
    items composed wholly or in some significant respect of natural 
    materials, and which are produced, decorated, or fashioned in the 
    exercise of traditional native handicrafts without the use of 
    pantographs, multiple carvers, or other mass copying devices. 
    Traditional native handicrafts include, but are not limited to 
    weaving, carving, stitching, sewing, lacing, beading, drawing and 
    painting; and
        (3) in each case, is not accomplished in a wasteful manner.

Notwithstanding the preceding provisions of this subsection, when, under 
this chapter, the Secretary determines any species or stock of marine 
mammal subject to taking by Indians, Aleuts, or Eskimos to be depleted, 
he may prescribe regulations upon the taking of such marine mammals by 
any Indian, Aleut, or Eskimo described in this subsection. Such 
regulations may be established with reference to species or stocks, 
geographical description of the area included, the season for taking, or 
any other factors related to the reason for establishing such 
regulations and consistent with the purposes of this chapter. Such 
regulations shall be prescribed after notice and hearing required by 
section 1373 of this title and shall be removed as soon as the Secretary 
determines that the need for their imposition has disappeared. In 
promulgating any regulation or making any assessment pursuant to a 
hearing or proceeding under this subsection or section 1386(b)(2) of 
this title, or in making any determination of depletion under this 
subsection or finding regarding unmitigable adverse impacts under 
subsection (a)(5) of this section that affects stocks or persons to 
which this subsection applies, the Secretary shall be responsible for 
demonstrating that such regulation, assessment, determination, or 
finding is supported by substantial evidence on the basis of the record 
as a whole. The preceding sentence shall only be applicable in an action 
brought by one or more Alaska Native organizations representing persons 
to which this subsection applies.

(c) Taking in defense of self or others

    It shall not be a violation of this chapter to take a marine mammal 
if such taking is imminently necessary in self-defense or to save the 
life of a person in immediate danger, and such taking is reported to the 
Secretary within 48 hours. The Secretary may seize and dispose of any 
carcass.

(d) Good Samaritan exemption

    It shall not be a violation of this chapter to take a marine mammal 
if--
        (1) such taking is imminently necessary to avoid serious injury, 
    additional injury, or death to a marine mammal entangled in fishing 
    gear or debris;
        (2) reasonable care is taken to ensure the safe release of the 
    marine mammal, taking into consideration the equipment, expertise, 
    and conditions at hand;
        (3) reasonable care is exercised to prevent any further injury 
    to the marine mammal; and
        (4) such taking is reported to the Secretary within 48 hours.

(e) Chapter not to apply to incidental takings by United States citizens 
        employed on foreign vessels outside United States EEZ

    The provisions of this chapter shall not apply to a citizen of the 
United States who incidentally takes any marine mammal during fishing 
operations outside the United States exclusive economic zone (as defined 
in section 1802 of this title) when employed on a foreign fishing vessel 
of a harvesting nation which is in compliance with the International 
Dolphin Conservation Program.

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

                       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.


                               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. (C) 
generally. Prior to amendment, subpar. (C) read as follows: ``shall 
require the government of any intermediary nation from which yellowfin 
tuna or tuna products will be exported to the United States to certify 
and provide reasonable proof that it has acted to prohibit the 
importation of such tuna and tuna products from any nation from which 
direct export to the United States of such tuna and tuna products is 
banned under this section within sixty days following the effective date 
of such ban on importation to the United States;''.
    Subsec. (a)(2)(E)(i). Pub. L. 102-582, Sec. 103(1), substituted 
``January 1, 1993'' for ``July 1, 1992''.
    1990--Subsec. (a)(2). Pub. L. 101-627 added subpar. (E) and 
concluding provisions.
    1988--Subsec. (a)(1). Pub. L. 100-711, Sec. 5(c), which directed 
that par. (1) be amended generally to read as follows: ``(1) Consistent 
with the provisions of section 1374 of this title, permits may be issued 
by the Secretary for taking and importation for purposes of scientific 
research, public display, or enhancing the survival or recovery of a 
species or stock if--'', was executed as the probable intent of Congress 
by substituting such provisions for provisions of par. (1) before 
subpar. (A) which read as follows: ``Permits may be issued by the 
Secretary for taking and importation for purposes of scientific research 
and for public display if--''.
    Subsec. (a)(2). Pub. L. 100-711, Sec. 4(a), inserted provisions at 
end of subpar. (B) relating to finding by Secretary that regulatory 
program, or average rate of incidental taking by vessels, of harvesting 
nation is comparable to that of United States, and added subpars. (C) 
and (D).
    Subsec. (a)(3)(B). Pub. L. 100-711, Sec. 5(e)(1), inserted ``or 
enhancing the survival or recovery of a species or stock'' after 
``scientific research purposes''.
    1986--Subsec. (a)(5)(A). Pub. L. 99-659, Sec. 411(a)(1), in 
provisions preceding cl. (i) struck out ``that is not depleted'' after 
``population stock''.
    Subsec. (a)(5)(A)(i). Pub. L. 99-659, Sec. 411(a)(2), substituted 
``will not have an unmitigable adverse impact'' for ``its habitat, 
and'', and inserted ``or, in the case of a cooperative agreement under 
both this chapter and the Whaling Convention Act of 1949 (16 U.S.C. 916 
et seq.), pursuant to section 1382(c) of this title''.
    Subsec. (a)(5)(A)(ii)(I). Pub. L. 99-659, Sec. 411(a)(3), inserted 
``, and on the availability of such species or stock for subsistence 
uses''.
    1984--Subsec. (a)(2). Pub. L. 98-364 amended last sentence 
generally, restating existing provisions in cl. (A) and adding cl. (B).
    1981--Subsec. (a)(2). Pub. L. 97-58, Sec. 2(1)(A), provided that the 
immediate goal of reducing to insignificant levels approaching a zero 
mortality and serious injury rate the incidental kill or serious injury 
of marine mammals permitted in the course of commercial fishing 
operations be satisfied in the case of purse seine fishing for yellowfin 
tuna by a continuation of the application of the best marine mammal 
safety techniques and equipment that are economically and 
technologically practicable.
    Subsec. (a)(3)(B). Pub. L. 97-58, Sec. 2(1)(B), struck out ``is 
classified as belonging to an endangered species or threatened species 
pursuant to the Endangered Species Act of 1973 or'' after ``the taking 
of any marine mammal which''.
    Subsec. (a)(4), (5). Pub. L. 97-58, Sec. 2(1)(C), added pars. (4) 
and (5).
    Subsec. (b). Pub. L. 97-58, Sec. 2(2), substituted ``Except as 
provided in section 1379 of this title, the provisions of this chapter 
shall not apply with respect to the taking of any marine mammal by any 
Indian, Aleut, or Eskimo who resides in Alaska and'' for ``The 
provisions of this chapter shall not apply with respect to the taking of 
any marine mammal by any Indian, Aleut, or Eskimo'' in provisions 
preceding par. (1) and, in par. (1), substituted ``is for subsistence 
purposes; or'' for ``is for subsistence purposes by Alaskan natives who 
reside in Alaska, or''.
    1973--Subsec. (a)(3)(B). Pub. L. 93-205 substituted ``or threatened 
species pursuant to the Endangered Species Act of 1973'' for ``pursuant 
to the Endangered Species Conservation Act of 1969''.


                    Effective Date of 1997 Amendment

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


                    Effective Date of 1996 Amendment

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


                    Effective Date of 1973 Amendment

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


                   Termination of Advisory Committees

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

                  Section Referred to in Other Sections

    This section is referred to in sections 1362, 1372, 1373, 1374, 
1379, 1381, 1383a, 1386, 1387, 1415, 1417, 1536 of this title.
