
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: 16USC1373]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1373. Regulations on taking of marine mammals


(a) Necessity and appropriateness

    The Secretary, on the basis of the best scientific evidence 
available and in consultation with the Marine Mammal Commission, shall 
prescribe such regulations with respect to the taking and importing of 
animals from each species of marine mammal (including regulations on the 
taking and importing of individuals within population stocks) as he 
deems necessary and appropriate to insure that such taking will not be 
to the disadvantage of those species and population stocks and will be 
consistent with the purposes and policies set forth in section 1361 of 
this title.

(b) Factors considered in prescribing regulations

    In prescribing such regulations, the Secretary shall give full 
consideration to all factors which may affect the extent to which such 
animals may be taken or imported, including but not limited to the 
effect of such regulations on--
        (1) existing and future levels of marine mammal species and 
    population stocks;
        (2) existing international treaty and agreement obligations of 
    the United States;
        (3) the marine ecosystem and related environmental 
    considerations;
        (4) the conservation, development, and utilization of fishery 
    resources; and
        (5) the economic and technological feasibility of 
    implementation.

(c) Allowable restrictions

    The regulations prescribed under subsection (a) of this section for 
any species or population stock of marine mammal may include, but are 
not limited to, restrictions with respect to--
        (1) the number of animals which may be taken or imported in any 
    calendar year pursuant to permits issued under section 1374 of this 
    title;
        (2) the age, size, or sex (or any combination of the foregoing) 
    of animals which may be taken or imported, whether or not a quota 
    prescribed under paragraph (1) of this subsection applies with 
    respect to such animals;
        (3) the season or other period of time within which animals may 
    be taken or imported;
        (4) the manner and locations in which animals may be taken or 
    imported; and
        (5) fishing techniques which have been found to cause undue 
    fatalities to any species of marine mammal in a fishery.

(d) Procedure

    Regulations prescribed to carry out this section with respect to any 
species or stock of marine mammals must be made on the record after 
opportunity for an agency hearing on both the Secretary's determination 
to waive the moratorium pursuant to section 1371(a)(3)(A) of this title 
and on such regulations, except that, in addition to any other 
requirements, imposed by law with respect to agency rulemaking, the 
Secretary shall publish and make available to the public either before 
or concurrent with the Publication of notice in the Federal Register of 
his intention to prescribe regulations under this section--
        (1) a statement of the estimated existing levels of the species 
    and population stocks of the marine mammal concerned;
        (2) a statement of the expected impact of the proposed 
    regulations on the optimum sustainable population of such species or 
    population stock;
        (3) a statement describing the evidence before the Secretary 
    upon which he proposes to base such regulations; and
        (4) any studies made by or for the Secretary or any 
    recommendations made by or for the Secretary or the Marine Mammal 
    Commission which relate to the establishment of such regulations.

(e) Periodic review

    Any regulation prescribed pursuant to this section shall be 
periodically reviewed, and may be modified from time to time in such 
manner as the Secretary deems consistent with and necessary to carry out 
the purposes of this chapter.

(f) Report to Congress

    Within six months after the effective date of this chapter and every 
twelve months thereafter, the Secretary shall report to the public 
through publication in the Federal Register and to the Congress on the 
current status of all marine mammal species and population stocks 
subject to the provisions of this chapter. His report shall describe 
those actions taken and those measures believed necessary, including 
where appropriate, the issuance of permits pursuant to this subchapter 
to assure the well-being of such marine mammals.

(Pub. L. 92-522, title I, Sec. 103, Oct. 21, 1972, 86 Stat. 1033.)

                       References in Text

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


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in subsec. 
(f) of this section relating to the Secretary reporting to Congress on 
the current status of marine mammal species and population stocks 
subject to this chapter, see section 3003 of Pub. L. 104-66, as amended, 
set out as a note under section 1113 of Title 31, Money and Finance, and 
pages 54 and 107 of House Document No. 103-7.


                    Marine Mammal Populations Report

    Pub. L. 101-627, title XI, Sec. 1101, Nov. 28, 1990, 104 Stat. 4468, 
directed Secretary of Commerce, in consultation with Secretary of the 
Interior, to provide to Congress within 12 months after Nov. 28, 1990, a 
report assessing population sizes and trends of harbor seals, sea 
otters, California sea lions, and northern sea lions off the coast of 
the State of Washington; assessing the effectiveness of 16 U.S.C. 
1371(a)(3)(A) and 1379(h); and specifying long range management plans 
for the species of marine mammals listed.

                  Section Referred to in Other Sections

    This section is referred to in sections 1371, 1372, 1374, 1378, 
1379, 1380, 1382, 1383a, 1383b, 1387, 1415, 1539 of this title.
