16 USC 1361-1407 Marine Mammal Protection Act

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
CHAPTER 31—MARINE MAMMAL PROTECTION
Release date: 2004-04-30
ƒ

ƒ

ƒ

SUBCHAPTER I—GENERALLY
o § 1361. Congressional findings and declaration of policy
o § 1362. Definitions
SUBCHAPTER II—CONSERVATION AND PROTECTION OF MARINE MAMMALS
o § 1371. Moratorium on taking and importing marine mammals and marine mammal products
o § 1372. Prohibitions
o § 1373. Regulations on taking of marine mammals
o § 1374. Permits
o § 1375. Penalties
o § 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and
walruses
o § 1376. Seizure and forfeiture of cargo
o § 1377. Enforcement
o § 1378. International program
o § 1379. Transfer of management authority
o § 1380. Marine mammal research grants
o § 1381. Commercial fisheries gear development
o § 1382. Regulations and administration
o § 1383. Application to other treaties and conventions
o § 1383a. Interim exemption for commercial fisheries
o § 1383b. Status review; conservation plans
o § 1384. Authorization of appropriations
o § 1385. Dolphin protection
o § 1386. Stock assessments
o § 1387. Taking of marine mammals incidental to commercial fishing operations
o § 1388. Marine mammal cooperative agreements in Alaska
o § 1389. Pacific Coast Task Force; Gulf of Maine
SUBCHAPTER III—MARINE MAMMAL COMMISSION
o § 1401. Establishment
o § 1402. Duties of Commission
o § 1403. Committee of Scientific Advisors on Marine Mammals
o § 1404. Omitted
o § 1405. Coordination with other Federal agencies
o § 1406. Administration
o § 1407. Authorization of appropriations

§ 1361. Congressional findings and declaration of policy
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

Page 1 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
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.
§ 1362. Definitions
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
(C) a species or population stock is listed as an endangered 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.

Page 2 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(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 [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.
(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
(C) 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, 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

Page 3 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
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).
(C) The term “Level B harassment” means harassment described in 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
(C) which is listed as a threatened species or endangered 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.
(C) A recovery factor of between 0.1 and 1.0.
(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
(C) are likely to identify, evaluate, or resolve conservation 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.
§ 1371. Moratorium on taking and importing marine mammals and marine mammal products
(a) Imposition; exceptions

Page 4 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
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

Page 5 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
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 InterAmerican 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

Page 6 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act

(4)

(5)

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.
(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.
(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,

Page 7 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
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

Page 8 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act

(E)

(6)

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.
(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).

(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

Page 9 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
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;

Page 10 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(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.
§ 1372. Prohibitions
(a) Taking
Except as provided in sections 1371, 1373, 1374, 1379, 1381, 1383, 1383a, and 1387 of this title and
subchapter V of this chapter, it is unlawful—
(1) for any person subject to the jurisdiction of the United States or any vessel or other conveyance
subject to the jurisdiction of the United States to take any marine mammal on the high seas;
(2) except as expressly provided for by an international treaty, convention, or agreement to which the
United States is a party and which was entered into before the effective date of this subchapter or by any
statute implementing any such treaty, convention, or agreement—
(A) for any person or vessel or other conveyance to take any marine mammal in waters or on lands
under the jurisdiction of the United States; or
(B) for any person to use any port, harbor, or other place under the jurisdiction of the United States
to take or import marine mammals or marine mammal products; and
(3) for any person, with respect to any marine mammal taken in violation of this subchapter, to possess
that mammal or any product from that mammal;
(4) for any person to transport, purchase, sell, export, or offer to purchase, sell, or export any marine
mammal or marine mammal product—
(A) that is taken in violation of this chapter; or
(B) for any purpose other than public display, scientific research, or enhancing the survival of a
species or stock as provided for under subsection 1374(c) of this title; and
(5) for any person to use, in a commercial fishery, any means or methods of fishing in contravention of
any regulations or limitations, issued by the Secretary for that fishery to achieve the purposes of this
chapter.
(b) Importation of pregnant or nursing mammals; depleted species or stock; inhumane taking
Except pursuant to a permit for scientific research, or for enhancing the survival or recovery of a species or
stock, issued under section 1374 (c) of this title, it is unlawful to import into the United States any marine
mammal if such mammal was—
(1) pregnant at the time of taking;
(2) nursing at the time of taking, or less than eight months old, whichever occurs later;
(3) taken from a species or population stock which the Secretary has, by regulation published in the
Federal Register, designated as a depleted species or stock; or
(4) taken in a manner deemed inhumane by the Secretary.
Notwithstanding the provisions of paragraphs (1) and (2), the Secretary may issue a permit for the
importation of a marine mammal, if the Secretary determines that such importation is necessary for the
protection or welfare of the animal.
(c) Importation of illegally taken mammals
It is unlawful to import into the United States any of the following:
(1) Any marine mammal which was—
(A) taken in violation of this subchapter; or
(B) taken in another country in violation of the law of that country.

Page 11 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(2) Any marine mammal product if—
(A) the importation into the United States of the marine mammal from which such product is made is
unlawful under paragraph (1) of this subsection; or
(B) the sale in commerce of such product in the country of origin of the product is illegal;
(3) Any fish, whether fresh, frozen, or otherwise prepared, if such fish was caught in a manner which the
Secretary has proscribed for persons subject to the jurisdiction of the United States, whether or not any
marine mammals were in fact taken incident to the catching of the fish.
(d) Nonapplicability of prohibitions
Subsections (b) and (c) of this section shall not apply—
(1) in the case of marine mammals or marine mammal products, as the case may be, to which subsection
(b)(3) of this section applies, to such items imported into the United States before the date on which the
Secretary publishes notice in the Federal Register of his proposed rulemaking with respect to the
designation of the species or stock concerned as depleted; or
(2) in the case of marine mammals or marine mammal products to which subsection (c)(1)(B) or
(c)(2)(B) of this section applies, to articles imported into the United States before the effective date of the
foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal
products unlawful.
(e) Retroactive effect
This chapter shall not apply with respect to any marine mammal taken before the effective date of this
chapter, or to any marine mammal product consisting of, or composed in whole or in part of, any marine
mammal taken before such date.
(f) Commercial taking of whales
It is unlawful for any person or vessel or other conveyance to take any species of whale incident to
commercial whaling in waters subject to the jurisdiction of the United States.
§ 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;

Page 12 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(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.
§ 1374. Permits
(a) Issuance
The Secretary may issue permits which authorize the taking or importation of any marine mammal. Permits
for the incidental taking of marine mammals in the course of commercial fishing operations may only be
issued as specifically provided for in sections [1] 1371(a)(5) or 1416 of this title, or subsection (h) of this
section.
(b) Requisite provisions
Any permit issued under this section shall—
(1) be consistent with any applicable regulation established by the Secretary under section 1373 of this
title, and
(2) specify—
(A) the number and kind of animals which are authorized to be taken or imported,
(B) the location and manner (which manner must be determined by the Secretary to be humane) in
which they may be taken, or from which they may be imported,
(C) the period during which the permit is valid, and
(D) any other terms or conditions which the Secretary deems appropriate.
In any case in which an application for a permit cites as a reason for the proposed taking the
overpopulation of a particular species or population stock, the Secretary shall first consider whether or not
it would be more desirable to transplant a number of animals (but not to exceed the number requested for
taking in the application) of that species or stock to a location not then inhabited by such species or stock
but previously inhabited by such species or stock.
(c) Importation for scientific research, public display, or enhancing survival or recovery of species or stock

Page 13 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(1) Any permit issued by the Secretary which authorizes the taking or importation of a marine mammal
for purposes of scientific research, public display, or enhancing the survival or recovery of a species or
stock shall specify, in addition to the conditions required by subsection (b) of this section, the methods of
capture, supervision, care, and transportation which must be observed pursuant to such taking or
importation. Any person authorized to take or import a marine mammal for purposes of scientific
research, public display, or enhancing the survival or recovery of a species or stock shall furnish to the
Secretary a report on all activities carried out by him pursuant to that authority.
(2)
(A) A permit may be issued to take or import a marine mammal for the purpose of public display only
to a person which the Secretary determines—
(i) offers a program for education or conservation purposes that is based on professionally
recognized standards of the public display community;
(ii) is registered or holds a license issued under 7 U.S.C. 2131 et seq.; and
(iii) maintains facilities for the public display of marine mammals that are open to the public
on a regularly scheduled basis and that access to such facilities is not limited or restricted
other than by charging of an admission fee.
(B) A permit under this paragraph shall grant to the person to which it is issued the right, without
obtaining any additional permit or authorization under this chapter, to—
(i) take, import, purchase, offer to purchase, possess, or transport the marine mammal that is
the subject of the permit; and
(ii) sell, export, or otherwise transfer possession of the marine mammal, or offer to sell,
export, or otherwise transfer possession of the marine mammal—
(I) for the purpose of public display, to a person that meets the requirements of
clauses (i), (ii), and (iii) of subparagraph (A);
(II) for the purpose of scientific research, to a person that meets the requirements of
paragraph (3); or
(III) for the purpose of enhancing the survival or recovery of a species or stock, to a
person that meets the requirements of paragraph (4).
(C) A person to which a marine mammal is sold or exported or to which possession of a marine
mammal is otherwise transferred under the authority of subparagraph (B) shall have the rights and
responsibilities described in subparagraph (B) with respect to the marine mammal without obtaining
any additional permit or authorization under this chapter. Such responsibilities shall be limited to—
(i) for the purpose of public display, the responsibility to meet the requirements of clauses (i),
(ii), and (iii) of subparagraph (A),
(ii) for the purpose of scientific research, the responsibility to meet the requirements of
paragraph (3), and
(iii) for the purpose of enhancing the survival or recovery of a species or stock, the
responsibility to meet the requirements of paragraph (4).
(D) If the Secretary—
(i) finds in concurrence with the Secretary of Agriculture, that a person that holds a permit
under this paragraph for a marine mammal, or a person exercising rights under subparagraph
(C), no longer meets the requirements of subparagraph (A)(ii) and is not reasonably likely to
meet those requirements in the near future, or
(ii) finds that a person that holds a permit under this paragraph for a marine mammal, or a
person exercising rights under subparagraph (C), no longer meets the requirements of
subparagraph (A)(i) or (iii) and is not reasonably likely to meet those requirements in the near
future,
the Secretary may revoke the permit in accordance with subsection (e) of this section, seize the
marine mammal, or cooperate with other persons authorized to hold marine mammals under this
chapter for disposition of the marine mammal. The Secretary may recover from the person expenses
incurred by the Secretary for that seizure.
(E) No marine mammal held pursuant to a permit issued under subparagraph (A), or by a person
exercising rights under subparagraph (C), may be sold, purchased, exported, or transported unless

Page 14 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act

(3)

(4)

the Secretary is notified of such action no later than 15 days before such action, and such action is for
purposes of public display, scientific research, or enhancing the survival or recovery of a species or
stock. The Secretary may only require the notification to include the information required for the
inventory established under paragraph (10).
(A) The Secretary may issue a permit under this paragraph for scientific research purposes to an
applicant which submits with its permit application information indicating that the taking is required to
further a bona fide scientific purpose. The Secretary may issue a permit under this paragraph before
the end of the public review and comment period required under subsection (d)(2) of this section if
delaying issuance of the permit could result in injury to a species, stock, or individual, or in loss of
unique research opportunities.
(B) No permit issued for purposes of scientific research shall authorize the lethal taking of a marine
mammal unless the applicant demonstrates that a nonlethal method of conducting the research is not
feasible. The Secretary shall not issue a permit for research which involves the lethal taking of a
marine mammal from a species or stock that is depleted, unless the Secretary determines that the
results of such research will directly benefit that species or stock, or that such research fulfills a
critically important research need.
(C) Not later than 120 days after April 30, 1994, the Secretary shall issue a general authorization and
implementing regulations allowing bona fide scientific research that may result only in taking by Level
B harassment of a marine mammal. Such authorization shall apply to persons which submit, by 60
days before commencement of such research, a letter of intent via certified mail to the Secretary
containing the following:
(i) The species or stocks of marine mammals which may be harassed.
(ii) The geographic location of the research.
(iii) The period of time over which the research will be conducted.
(iv) The purpose of the research, including a description of how the definition of bona fide
research as established under this chapter would apply.
(v) Methods to be used to conduct the research.
Not later than 30 days after receipt of a letter of intent to conduct scientific research under the
general authorization, the Secretary shall issue a letter to the applicant confirming that the general
authorization applies, or, if the proposed research is likely to result in the taking (including Level A
harassment) of a marine mammal, shall notify the applicant that subparagraph (A) applies.
(A) A permit may be issued for enhancing the survival or recovery of a species or stock only with
respect to a species or stock for which the Secretary, after consultation with the Marine Mammal
Commission and after notice and opportunity for public comment, has first determined that—
(i) taking or importation is likely to contribute significantly to maintaining or increasing
distribution or numbers necessary to ensure the survival or recovery of the species or stock;
and
(ii) taking or importation is consistent
(I) with any conservation plan adopted by the Secretary under section 1383b (b) of
this title or any recovery plan developed under section 1533 (f) of this title for the
species or stock, or
(II) if there is no conservation or recovery plan in place, with the Secretary’s
evaluation of the actions required to enhance the survival or recovery of the species or
stock in light of the factors that would be addressed in a conservation plan or a
recovery plan.
(B) A permit issued in accordance with this paragraph may allow the captive maintenance of a marine
mammal from a depleted species or stock only if the Secretary—
(i) determines that captive maintenance is likely to contribute to the survival or recovery of
the species or stock by maintaining a viable gene pool, increasing productivity, providing
biological information, or establishing animal reserves;
(ii) determines that the expected benefit to the affected species or stock outweighs the

Page 15 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
expected benefit of alternatives which do not require removal of animals from the wild; and
(iii) requires that the marine mammal or its progeny be returned to the natural habitat of the
species or stock as soon as feasible, consistent with the objectives of any applicable
conservation plan or recovery plan, or of any evaluation by the Secretary under subparagraph
(A).
The Secretary may allow the public display of such a marine mammal only if the Secretary determines
that such display is incidental to the authorized maintenance and will not interfere with the attainment
of the survival or recovery objectives.
(5)

(A) The Secretary may issue a permit for the importation of polar bear parts (other than internal
organs) taken in sport hunts in Canada to an applicant which submits with its permit application proof
that the polar bear was legally harvested in Canada by the applicant. Such a permit shall be issued if
the Secretary, in consultation with the Marine Mammal Commission and after notice and opportunity
for public comment, finds that—
(i) Canada has a monitored and enforced sport hunting program consistent with the purposes
of the Agreement on the Conservation of Polar Bears;
(ii) Canada has a sport hunting program based on scientifically sound quotas ensuring the
maintenance of the affected population stock at a sustainable level;
(iii) the export and subsequent import are consistent with the provisions of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora and other international
agreements and conventions; and
(iv) the export and subsequent import are not likely to contribute to illegal trade in bear
parts.
(B) The Secretary shall establish and charge a reasonable fee for permits issued under this
paragraph. All fees collected under this paragraph shall be available to the Secretary until expended
for use in developing and implementing cooperative research and management programs for the
conservation of polar bears in Alaska and Russia pursuant to section 1383 (d) of this title.
(C)
(i) The Secretary shall undertake a scientific review of the impact of permits issued under this
paragraph on the polar bear population stocks in Canada within 2 years after April 30, 1994.
The Secretary shall provide an opportunity for public comment during the course of such
review, and shall include a response to such public comment in the final report on such
review.
(ii) The Secretary shall not issue permits under this paragraph after September 30, 1996, if
the Secretary determines, based on the scientific review, that the issuance of permits under
this paragraph is having a significant adverse impact on the polar bear population stocks in
Canada. The Secretary may review such determination annually thereafter, in light of the best
scientific information available, and shall complete the review not later than January 31 in any
year a review is undertaken. The Secretary may issue permits under this paragraph whenever
the Secretary determines, on the basis of such annual review, that the issuance of permits
under this paragraph is not having a significant adverse impact on the polar bear population
stocks in Canada.
(D) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30 day
period under subsection (d)(2) of this section, issue a permit for the importation of polar bear parts
(other than internal organs) from polar bears taken in sport hunts in Canada before April 30, 1994, to
each applicant who submits, with the permit application, proof that the polar bear was legally
harvested in Canada by the applicant. The Secretary shall issue such permits without regard to the
provisions of subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3) of this section, and
sections 1371 and 1372 of this title. This subparagraph shall not apply to polar bear parts that were
imported before June 12, 1997.
(6) A permit may be issued for photography for educational or commercial purposes involving marine
mammals in the wild only to an applicant which submits with its permit application information indicating
that the taking will be limited to Level B harassment, and the manner in which the products of such

Page 16 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
activities will be made available to the public.
(7) Upon request by a person for a permit under paragraph (2), (3), or (4) for a marine mammal which is
in the possession of any person authorized to possess it under this chapter and which is determined under
guidance under section 1421a (a) of this title not to be releasable to the wild, the Secretary shall issue the
permit to the person requesting the permit if that person—
(A) meets the requirements of clauses (i), (ii), and (iii) of paragraph (2)(A), in the case of a request
for a permit under paragraph (2);
(B) meets the requirements of paragraph (3), in the case of a request for a permit under that
paragraph; or
(C) meets the requirements of paragraph (4), in the case of a request for a permit under that
paragraph.
(8)
(A) No additional permit or authorization shall be required to possess, sell, purchase, transport,
export, or offer to sell or purchase the progeny of marine mammals taken or imported under this
subsection, if such possession, sale, purchase, transport, export, or offer to sell or purchase is—
(i) for the purpose of public display, and by or to, respectively, a person which meets the
requirements of clauses (i), (ii), and (iii) of paragraph (2)(A);
(ii) for the purpose of scientific research, and by or to, respectively, a person which meets the
requirements of paragraph (3); or
(iii) for the purpose of enhancing the survival or recovery of a species or stock, and by or to,
respectively, a person which meets the requirements of paragraph (4).
(B)
(i) A person which has a permit under paragraph (2), or a person exercising rights under
paragraph (2)(C), which has possession of a marine mammal that gives birth to progeny
shall—
(I) notify the Secretary of the birth of such progeny within 30 days after the date of
birth; and
(II) notify the Secretary of the sale, purchase, or transport of such progeny no later
than 15 days before such action.
(ii) The Secretary may only require notification under clause (i) to include the information
required for the inventory established under paragraph (10).
(C) Any progeny of a marine mammal born in captivity before April 30, 1994, and held in captivity for
the purpose of public display shall be treated as though born after April 30, 1994.
(9) No marine mammal may be exported for the purpose of public display, scientific research, or
enhancing the survival or recovery of a species or stock unless the receiving facility meets standards that
are comparable to the requirements that a person must meet to receive a permit under this subsection for
that purpose.
(10) The Secretary shall establish and maintain an inventory of all marine mammals possessed pursuant
to permits issued under paragraph (2)(A), by persons exercising rights under paragraph (2)(C), and all
progeny of such marine mammals. The inventory shall contain, for each marine mammal, only the
following information which shall be provided by a person holding a marine mammal under this chapter:
(A) The name of the marine mammal or other identification.
(B) The sex of the marine mammal.
(C) The estimated or actual birth date of the marine mammal.
(D) The date of acquisition or disposition of the marine mammal by the permit holder.
(E) The source from whom the marine mammal was acquired including the location of the take from
the wild, if applicable.
(F) If the marine mammal is transferred, the name of the recipient.
(G) A notation if the animal was acquired as the result of a stranding.
(H) The date of death of the marine mammal and the cause of death when determined.
(d) Application procedures; notice; hearing; review
(1) The Secretary shall prescribe such procedures as are necessary to carry out this section, including
the form and manner in which application for permits may be made.

Page 17 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(2) The Secretary shall publish notice in the Federal Register of each application made for a permit under
this section. Such notice shall invite the submission from interested parties, within thirty days after the
date of the notice, of written data or views, with respect to the taking or importation proposed in such
application.
(3) The applicant for any permit under this section must demonstrate to the Secretary that the taking or
importation of any marine mammal under such permit will be consistent with the purposes of this chapter
and the applicable regulations established under section 1373 of this title.
(4) If within thirty days after the date of publication of notice pursuant to paragraph (2) of this subsection
with respect to any application for a permit any interested party or parties request a hearing in connection
therewith, the Secretary may, within sixty days following such date of publication, afford to such party or
parties an opportunity for such a hearing.
(5) As soon as practicable (but not later than thirty days) after the close of the hearing or, if no hearing is
held, after the last day on which data, or views, may be submitted pursuant to paragraph (2) of this
subsection, the Secretary shall
(A) issue a permit containing such terms and conditions as he deems appropriate, or
(B) shall deny issuance of a permit. Notice of the decision of the Secretary to issue or to deny any
permit under this paragraph must be published in the Federal Register within ten days after the date
of issuance or denial.
(6) Any applicant for a permit, or any party opposed to such permit, may obtain judicial review of the
terms and conditions of any permit issued by the Secretary under this section or of his refusal to issue
such a permit. Such review, which shall be pursuant to chapter 7 of title 5, may be initiated by filing a
petition for review in the United States district court for the district wherein the applicant for a permit
resides, or has his principal place of business, or in the United States District Court for the District of
Columbia, within sixty days after the date on which such permit is issued or denied.
(e) Modification, suspension, and revocation
(1) The Secretary may modify, suspend, or revoke in whole or in part any permit issued by him under this
section—
(A) in order to make any such permit consistent with any change made after the date of issuance of
such permit with respect to any applicable regulation prescribed under section 1373 of this title,
(B) in any case in which a violation of the terms and conditions of the permit is found, or
(C) if, in the case of a permit under subsection (c)(5) of this section authorizing importation of polar
bear parts, the Secretary, in consultation with the appropriate authority in Canada, determines that
the sustainability of Canada’s polar bear population stocks are being adversely affected or that sport
hunting may be having a detrimental effect on maintaining polar bear population stocks throughout
their range.
(2) Whenever the Secretary shall propose any modification, suspension, or revocation of a permit under
this subsection, the permittee shall be afforded opportunity, after due notice, for a hearing by the
Secretary with respect to such proposed modification, suspension, or revocation. Such proposed action by
the Secretary shall not take effect until a decision is issued by him after such hearing. Any action taken by
the Secretary after such a hearing is subject to judicial review on the same basis as is any action taken by
him with respect to a permit application under paragraph (5) of subsection (d) of this section.
(3) Notice of the modification, suspension, or revocation of any permit by the Secretary shall be published
in the Federal Register within ten days from the date of the Secretary’s decision.
(f) Possession of permit by issuee or his agent
Any permit issued under this section must be in the possession of the person to whom it is issued (or an agent
of such person) during—
(1) the time of the authorized or taking importation;
(2) the period of any transit of such person or agent which is incident to such taking or importation; and
(3) any other time while any marine mammal taken or imported under a such permit is in the possession
of such person or agent.
A duplicate copy of the issued permit must be physically attached to the container, package, enclosure, or
other means of containment, in which the marine mammal is placed for purposes of storage, transit,
supervision, or care.

Page 18 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(g) Fees
The Secretary shall establish and charge a reasonable fee for permits issued under this section.
(h) General permits
(1) Consistent with the regulations prescribed pursuant to section 1373 of this title and to the
requirements of section 1371 of this title, the Secretary may issue an annual permit to a United States
purse seine fishing vessel for the taking of such marine mammals, and shall issue regulations to cover the
use of any such annual permits.
(2) Such annual permits for the incidental taking of marine mammals in the course of commercial purse
seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall be governed by section 1416 of
this title, subject to the regulations issued pursuant to section 1413 of this title.
§ 1375. Penalties
(a)

(1) Any person who violates any provision of this subchapter or of any permit or regulation issued
thereunder, except as provided in section 1387 of this title, may be assessed a civil penalty by the
Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such
person is given notice and opportunity for a hearing with respect to such violation. Each unlawful taking or
importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the
Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the
Secretary may request the Attorney General to institute a civil action in a district court of the United
States for any district in which such person is found, resides, or transacts business to collect the penalty
and such court shall have jurisdiction to hear and decide any such action.
(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal
product, if such importation is made by an individual for his own personal or family use (which does not
include importation as an accommodation to others or for sale or other commercial use), the Secretary
may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal
or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of
entry.
(b) Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued
thereunder (except as provided in section 1387 of this title) shall, upon conviction, be fined not more than
$20,000 for each such violation, or imprisoned for not more than one year, or both.
§ 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and
walruses
On and after November 29, 1999, all fines collected by the United States Fish and Wildlife Service for
violations of the Marine Mammal Protection Act (16 U.S.C. 1362–1407) and implementing regulations shall be
available to the Secretary, without further appropriation, to be used for the expenses of the United States Fish
and Wildlife Service in administering activities for the protection and recovery of manatees, polar bears, sea
otters, and walruses, and shall remain available until expended.
§ 1376. Seizure and forfeiture of cargo
(a) Application of consistent provisions
Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any
manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value
thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and
condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from

Page 19 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of
any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as
such provisions of law are applicable and not inconsistent with the provisions of this subchapter.
(b) Penalties
Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful
taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall
be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel
against which a penalty has been assessed, from a port of the United States, may be withheld until such
penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a
maritime lien on such vessel which may be recovered by action in rem in the district court of the United States
having jurisdiction over the vessel.
(c) Reward for information leading to conviction
Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount
equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which
leads to a conviction for a violation of this subchapter. Any officer or employee of the United States or of any
State or local government who furnishes information or renders service in the performance of his official
duties shall not be eligible for payment under this section.
§ 1377. Enforcement
(a) Utilization of personnel
Except as otherwise provided in this subchapter, the Secretary shall enforce the provisions of this subchapter.
The Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal agency
for purposes of enforcing this subchapter.
(b) State officers and employees
The Secretary may also designate officers and employees of any State or of any possession of the United
States to enforce the provisions of this subchapter. When so designated, such officers and employees are
authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and
considered as employees of the United States for the purposes of any laws administered by the Director of the
Office of Personnel Management.
(c) Warrants and other process for enforcement
The judges of the district courts of the United States and the United States magistrate judges may, within
their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or
other process, including warrants or other process issued in admiralty proceedings in United States district
courts, as may be required for enforcement of this subchapter and any regulations issued thereunder.
(d) Execution of process; arrest; search; seizure
Any person authorized by the Secretary to enforce this subchapter may execute any warrant or process issued
by any officer or court of competent jurisdiction for the enforcement of this subchapter. Such a person so
authorized may, in addition to any other authority conferred by law—
(1) with or without warrant or other process, arrest any person committing in his presence or view a
violation of this subchapter or the regulations issued thereunder;
(2) with a warrant or other process, or without a warrant if he has reasonable cause to believe that a
vessel or other conveyance subject to the jurisdiction of the United States or any person on board is in
violation of any provision of this subchapter or the regulations issued thereunder, search such vessel or
conveyance and arrest such person;
(3) seize the cargo of any vessel or other conveyance subject to the jurisdiction of the United States used
or employed contrary to the provisions of this subchapter or the regulations issued hereunder or which
reasonably appears to have been so used or employed; and
(4) seize, whenever and wherever found, all marine mammals and marine mammals products taken or
retained in violation of this subchapter or the regulations issued thereunder and shall dispose of them, in
accordance with regulations prescribed by the Secretary.
(e) Disposition of seized cargo

Page 20 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(1) Whenever any cargo or marine mammal or marine mammal product is seized pursuant to this section,
the Secretary shall expedite any proceedings commenced under section 1375 (a) or (b) of this title. All
marine mammal or marine mammal products or other cargo so seized shall be held by any person
authorized by the Secretary pending disposition of such proceedings. The owner or consignee of any such
marine mammal or marine mammal product or other cargo so seized shall, as soon as practicable
following such seizure, be notified of that fact in accordance with regulations established by the Secretary.
(2) The Secretary may, with respect to any proceeding under section 1375 (a) or (b) of this title, in lieu of
holding any marine mammal or marine mammal product or other cargo, permit the person concerned to
post bond or other surety satisfactory to the Secretary pending the disposition of such proceeding.
(3)
(A) Upon the assessment of a penalty pursuant to section 1375 (a) of this title, all marine mammals
and marine mammal products or other cargo seized in connection therewith may be proceeded against
in any court of competent jurisdiction and forfeited to the Secretary for disposition by him in such
manner as he deems appropriate.
(B) Upon conviction for violation of section 1375 (b) of this title, all marine mammals and marine
mammal products seized in connection therewith shall be forfeited to the Secretary for disposition by
him in such manner as he deems appropriate. Any other property or item so seized may, at the
discretion of the court, be forfeited to the United States or otherwise disposed of.
(4) If with respect to any marine mammal or marine mammal product or other cargo so seized—
(A) a civil penalty is assessed under section 1375 (a) of this title and no judicial action is commenced
to obtain the forfeiture of such mammal or product within thirty days after such assessment, such
marine mammal or marine mammal product or other cargo shall be immediately returned to the
owner or the consignee; or
(B) no conviction results from an alleged violation of section 1375 (b) of this title, such marine
mammal or marine mammal product or other cargo shall immediately be returned to the owner or
consignee if the Secretary does not, with [1] thirty days after the final disposition of the case involving
such alleged violation, commence proceedings for the assessment of a civil penalty under section 1375
(a) of this title.
§ 1378. International program
(a) Duties of Secretary
The Secretary, through the Secretary of State, shall—
(1) initiate negotiations as soon as possible for the development of bilateral or multilateral agreements
with other nations for the protection and conservation of all marine mammals covered by this chapter;
(2) initiate—
(A) negotiations as soon as possible with all foreign governments which are engaged in, or which
have persons or companies engaged in, commercial fishing operations which are found by the
Secretary to be unduly harmful to any species or population stock of marine mammal, for the purpose
of entering into bilateral and multilateral treaties with such countries to protect marine mammals, with
the Secretary of State to prepare a draft agenda relating to this matter for discussion at appropriate
international meetings and forums;
(B) discussions with foreign governments whose vessels harvest yellowfin tuna with purse seines in
the eastern tropical Pacific Ocean, for the purpose of concluding, through the Inter-American Tropical
Tuna Commission or such other bilateral or multilateral institutions as may be appropriate,
international arrangements for the conservation of marine mammals taken incidentally in the course
of harvesting such tuna, which should include provisions for
(i) cooperative research into alternative methods of locating and catching yellowfin tuna which
do not involve the taking of marine mammals,
(ii) cooperative research on the status of affected marine mammal population stocks,
(iii) reliable monitoring of the number, rate, and species of marine mammals taken by vessels
of harvesting nations,

Page 21 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(iv) limitations on incidental take levels based upon the best scientific information available,
and
(v) the use of the best marine mammal safety techniques and equipment that are
economically and technologically practicable to reduce the incidental kill and serious injury of
marine mammals to insignificant levels approaching a zero mortality and serious injury rate;
(C) negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna
Commission (1 U.S.T. 230; TIAS 2044) which will incorporate—
(i) the conservation and management provisions agreed to by the nations which have signed
the Declaration of Panama and in the Straddling Fish Stocks and Highly Migratory Fish Stocks
Agreement, as opened for signature on December 4, 1995; and
(ii) a revised schedule of annual contributions to the expenses of the Inter-American Tropical
Tuna Commission that is equitable to participating nations; and
(D) discussions with those countries participating, or likely to participate, in the International Dolphin
Conservation Program, for the purpose of identifying sources of funds needed for research and other
measures promoting effective protection of dolphins, other marine species, and the marine
ecosystem;
(3) encourage such other agreements to promote the purposes of this chapter with other nations for the
protection of specific ocean and land regions which are of special significance to the health and stability of
marine mammals;
(4) initiate the amendment of any existing international treaty for the protection and conservation of any
species of marine mammal to which the United States is a party in order to make such treaty consistent
with the purposes and policies of this chapter;
(5) seek the convening of an international ministerial meeting on marine mammals before July 1, 1973,
for the purposes of
(A) the negotiation of a binding international convention for the protection and conservation of all
marine mammals, and
(B) the implementation of paragraph (3) of this section; and
(6) provide to the Congress by not later than one year after October 21, 1972, a full report on the results
of his efforts under this section.
(b) Consultations and studies concerning North Pacific fur seals
(1) In addition to the foregoing, the Secretary shall—
(A) in consultation with the Marine Mammal Commission established by section 1401 of this title,
undertake a study of the North Pacific fur seals to determine whether herds of such seals subject to
the jurisdiction of the United States are presently at their optimum sustainable population and what
population trends are evident; and
(B) in consultation with the Secretary of State, promptly undertake a comprehensive study of the
provisions of this chapter, as they relate to North Pacific fur seals, and the provisions of the North
Pacific Fur Seal Convention signed on February 9, 1957, as extended (hereafter referred to in this
subsection as the “Convention”), to determine what modifications, if any, should be made to the
provisions of the Convention, or of this chapter, or both, to make the Convention and this chapter
consistent with each other.
The Secretary shall complete the studies required under this paragraph not later than one year after
October 21, 1972, and shall immediately provide copies thereof to Congress.
(2) If the Secretary finds—
(A) as a result of the study required under paragraph (1)(A) of this subsection, that the North Pacific
fur seal herds are below their optimum sustainable population and are not trending upward toward
such level, or have reached their optimum sustainable population but are commencing a downward
trend, and believes the herds to be in danger of depletion; or
(B) as a result of the study required under paragraph (1)(B) of this subsection, that modifications of
the Convention are desirable to make it and this chapter consistent;
he shall, through the Secretary of State, immediately initiate negotiations to modify the Convention so as
to
(i) reduce or halt the taking of seals to the extent required to assure that such herds attain

Page 22 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
and remain at their optimum sustainable population, or
(ii) make the Convention and this chapter consistent; or both, as the case may be. If
negotiations to so modify the Convention are unsuccessful, the Secretary shall, through the
Secretary of State, take such steps as may be necessary to continue the existing Convention
beyond its present termination date so as to continue to protect and conserve the North Pacific
fur seals and to prevent a return to pelagic sealing.
(c) Description of annual results of discussions; proposals for further action
The Secretary shall include a description of the annual results of discussions initiated and conducted pursuant
to subsection (a)(2)(B) of this section, as well as any proposals for further action to achieve the purposes of
that subsection, in the report required under section 1373 (f) of this title.
§ 1379. Transfer of management authority
(a) State enforcement of State laws or regulations prohibited without transfer to State of management
authority by Secretary
No State may enforce, or attempt to enforce, any State law or regulation relating to the taking of any species
(which term for purposes of this section includes any population stock) of marine mammal within the State
unless the Secretary has transferred authority for the conservation and management of that species
(hereinafter referred to in this section as “management authority”) to the State under subsection (b)(1) of this
section.
(b) Findings prerequisite to transfer of authority; State program; implementation
(1) Subject to paragraph (2) and subsection (f) of this section, the Secretary shall transfer management
authority for a species of marine mammal to a State if the Secretary finds, after notice and opportunity for
public comment, that the State has developed and will implement a program for the conservation and
management of the species that—
(A) is consistent with the purposes, policies, and goals of this chapter and with international treaty
obligations;
(B) requires that all taking of the species be humane;
(C) does not permit the taking of the species unless and until—
(i) the State has determined, under a process consistent with the standards set forth in
subsection (c) of this section—
(I) that the species is at its optimum sustainable population (hereinafter in this
section referred to as “OSP”), and
(II) the maximum number of animals of that species that may be taken without
reducing the species below its OSP, and
(ii) the determination required under clause (i) is final and implemented under State law, and,
if a cooperative allocation agreement for the species is required under subsection (d)(1) of this
section, such as agreement is implemented;
(D) does not permit the taking of a number of animals of the species that exceeds the maximum
number determined pursuant to subparagraph (C)(i)(II), and, in the case of taking for subsistence
uses (as defined in subsection (f)(2) of this section), does not permit the taking of a number of
animals that would be inconsistent with the maintenance of the species at its OSP;
(E) does not permit the taking of the species for scientific research, public display, or enhancing the
survival or recovery of a species or stock, except for taking for such purposes that is undertaken by,
or on behalf of, the State;
(F) provides procedures for acquiring data, and evaluating such data and other new evidence, relating
to the OSP of the species, and the maximum take that would maintain the species at the level, and, if
required on the basis of such evaluation, for amending determinations under subparagraph (C)(i);
(G) provides procedures for the resolution of differences between the State and the Secretary that
might arise during the development of a cooperative allocation agreement under subsection (d)(1) of
this section; and
(H) provides for the submission of an annual report to the Secretary regarding the administration of

Page 23 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
the program during the reporting period.
(2) During the period between the transfer of management authority for a species to a State under
paragraph (1) and the time at which the implementation requirements under paragraph (1)(C)(ii) are
complied with—
(A) the State program shall not apply with respect to the taking of the species within the State for
any purpose, or under any condition, provided for under section 1371 of this title; and
(B) the Secretary shall continue to regulate, under this subchapter, all takings of the species within
the State.
(3) After the determination required under paragraph (1)(C)(i) regarding a species is final and
implemented under State law and after a cooperative allocation agreement described in subsection (d)(1)
of this section, if required, is implemented for such species—
(A) such determination shall be treated, for purposes of applying this subchapter beyond the territory
of the State, as a determination made in accordance with section 1373 of this title and as an
applicable waiver under section 1371 (a)(3) of this title;
(B) the Secretary shall regulate, without regard to this section other than the allocations specified
under such an agreement, the taking of the species—
(i) incidentally in the course of commercial fishing operations (whether provided for under
section 1371 (a)(2) or (4) of this title), or in the course of other specified activities provided
for under section 1371 (a)(5) of this title, in the zone described in section 1362 (14)(B) [1] of
this title, and
(ii) for scientific research, public display, or enhancing the survival or recovery of a species or
stock (other than by, or on behalf of, the State), except that any taking authorized under a
permit issued pursuant to section 1371 (a)(1) of this title after October 9, 1981, allowing the
removal of live animals from habitat within the State shall not be effective if the State agency
disapproves, on or before the date of issuance of the permit, such taking as being inconsistent
with the State program; and
(C) section 1371 (b) of this title shall not apply.
(c) Standards with which State process must comply
The State process required under subsection (b)(1)(C) of this section must comply with the following
standards:
(1) The State agency with management authority for the species (hereinafter in this section referred to as
the “State agency”) must make an initial determination regarding the factors described in clause (i) of
that subsection. The State agency must identify, and make available to the public under reasonable
circumstances, the documentation supporting such initial determination. Unless request for a hearing
under paragraph (2) regarding the initial determination is timely made, the initial determination shall be
treated as final under State law.
(2) The State agency shall provide opportunity, at the request of any interested party, for a hearing with
respect to the initial determination made by it under paragraph (1) at which interested parties may—
(A) present oral and written evidence in support of or against such determination; and
(B) cross-examine persons presenting evidence at the hearing.
The State agency must give public notice of the hearing and make available to the public within a reasonable
time before commencing the hearing a list of the witnesses for the State and a general description of the
documentation and other evidence that will be relied upon by such witnesses.
(3) The State agency, solely on the basis of the record developed at a hearing held pursuant to paragraph
(2), must make a decision regarding its initial determination under paragraph (1) and shall include with
the record a statement of the findings and conclusions, and the reason or basis therefor, on all material
issues.
(4) Opportunity for judicial review of the decision made by the State agency on the record under
paragraph (3), under scope of review equivalent to that provided for in section 706 (2)(A) through (E) of
title 5, must be available under State law. The Secretary may not initiate judicial review of any such
decision.
(d) Cooperative allocation agreements
(1) If the range of a species with respect to which a determination under paragraph (1)(C)(i) of

Page 24 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
subsection (b) of this section is made extends beyond the territorial waters of the State, the State agency
and the Secretary (who shall first coordinate with the Marine Mammal Commission and the appropriate
Regional Fishery Management Council established under section 1852 of this title) shall enter into a
cooperative allocation agreement providing procedures for allocating, on a timely basis, such of the
number of animals, as determined under paragraph (1)(C)(i)(II) of subsection (b) of this section, as may
be appropriate with priority of allocation being given firstly to taking for subsistence uses in the case of
the State of Alaska, and secondly to taking for purposes provided for under section 1371 (a) of this title
within the zone described in section 1362 (14)(B) [2] of this title.
(2) If the State agency requests the Secretary to regulate the taking of a species to which paragraph (1)
applies within the zone described in section 1362 (14)(B) [2] of this title for subsistence uses or for
hunting, or both, in a manner consistent with the regulation by the State agency of such taking within the
State, the Secretary shall adopt, and enforce within such zone, such of the State agency’s regulatory
provisions as the Secretary considers to be consistent with his administration of section 1371 (a) of this
title within such zone. The Secretary shall adopt such provisions through the issuance of regulations under
section 553 of title 5, and with respect to such issuance the Regulatory Flexibility Act [5 U.S.C. 601 et
seq.], the Paperwork Reduction Act,[2] Executive Order Numbered 12291, dated February 17, 1981, and
the thirty-day notice requirement in subsection (d) of such section 553 shall not apply. For purposes of
sections 1375, 1376, and 1377 of this title, such regulations shall be treated as having been issued under
this subchapter.
(e) Revocation of transfer of management authority
(1) Subject to paragraph (2), the Secretary shall revoke, after opportunity for a hearing, any transfer of
management authority made to a State under subsection (b)(1) of this section if the Secretary finds that
the State program for the conservation and management of the species concerned is not being
implemented, or is being implemented in a manner inconsistent with the provisions of this section or the
provisions of the program. The Secretary shall also establish a procedure for the voluntary return by a
State to the Secretary of species management authority that was previously transferred to the State
under subsection (b)(1) of this section.
(2)
(A) The Secretary may not revoke a transfer of management authority under paragraph (1) unless—
(i) the Secretary provides to the State a written notice of intent to revoke together with a
statement, in detail, of those actions, or failures to act, on which such intent is based; and
(ii) during the ninety-day period after the date of the notice of intent to revoke—
(I) the Secretary provides opportunity for consultation between him and the State
concerning such State actions or failures to act and the remedial measures that should
be taken by the State, and
(II) the State does not take such remedial measures as are necessary, in the
judgment of the Secretary, to bring its conservation and management program, or the
administration or enforcement of the program, into compliance with the provisions of
this section.
(B) When a revocation by the Secretary of a transfer of management authority to a State becomes
final, or the State voluntarily returns management authority to the Secretary, the Secretary shall
regulate the taking, and provide for the conservation and management, of the species within the State
in accordance with the provisions of this chapter (and in the case of Alaskan Natives, section 1371 (b)
of this title and subsection (i) of this section shall apply upon such revocation or return of
management authority).
(f) Transfer of management authority to State of Alaska
(1) The Secretary may not transfer management authority to the State of Alaska under subsection (b)(1)
of this section for any species of marine mammal unless—
(A) the State has adopted and will implement a statute and regulations that insure that the taking of
the species for subsistence uses—
(i) is accomplished in a nonwasteful manner,
(ii) will be the priority consumptive use of the species, and
(iii) if required to be restricted, such restriction will be based upon—

Page 25 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(I) the customary and direct dependence upon the species as the mainstay of
livelihood,
(II) local residency, and
(III) the availability of alternative resources; and
(B) the State has adopted a statute or regulation that requires that any consumptive use of marine
mammal species, other than for subsistence uses, will be authorized during a regulatory year only if
the appropriate agency first makes findings, based on an administrative record before it, that—
(i) such use will have no significant adverse impact upon subsistence uses of the species, and
(ii) the regulation of such use, including, but not limited to, licensing of marine mammal
hunting guides and the assignment of guiding areas, will, to the maximum extent practicable,
provide economic opportunities for the residents of the rural coastal villages of Alaska who
engage in subsistence uses of that species.
(2) For purposes of paragraph (1), the term “subsistence uses” means the customary and traditional uses
by rural Alaska residents of marine mammals for direct personal or family consumption as food, shelter,
fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible
byproducts of marine mammals taken for personal or family consumption; and for barter, or sharing for
personal or family consumption. As used in this paragraph—
(A) The term “family” means all persons related by blood, marriage, or adoption, or any person living
within a household on a permanent basis.
(B) The term “barter” means the exchange of marine mammals or their parts, taken for subsistence
uses—
(i) for other wildlife or fish or their parts, or
(ii) for other food or for nonedible items other than money if the exchange is of a limited and
noncommercial nature.
(g) Environmental impact statement not required
Neither the transfer of management authority to a State under subsection (b)(1) of this section, nor the
revocation or voluntary return of such authority under subsection (e) of this section, shall be deemed to be an
action for which an environmental impact statement is required under section 4332 of title 42.
(h) Taking of marine mammals as part of official duties
(1) Nothing in this subchapter or subchapter V of this chapter shall prevent a Federal, State, or local
government official or employee or a person designated under section 1382 (c) of this title from taking, in
the course of his or her duties as an official, employee, or designee, a marine mammal in a humane
manner (including euthanasia) if such taking is for—
(A) the protection or welfare of the mammal,
(B) the protection of the public health and welfare, or
(C) the nonlethal removal of nuisance animals.
(2) Nothing in this subchapter shall prevent the Secretary or a person designated under section 1382 (c)
of this title from importing a marine mammal into the United States if such importation is necessary to
render medical treatment that is not otherwise available.
(3) In any case in which it is feasible to return to its natural habitat a marine mammal taken or imported
under circumstances described in this subsection, steps to achieve that result shall be taken.
(i) Regulations covering taking of marine mammals by Alaskan natives
The Secretary may (after providing notice thereof in the Federal Register and in newspapers of general
circulation, and through appropriate electronic media, in the affected area and providing opportunity for a
hearing thereon in such area) prescribe regulations requiring the marking, tagging, and reporting of animals
taken pursuant to section 1371 (b) of this title.
(j) Grants to develop or administer State conservation and management programs
The Secretary may make grants to States to assist them—
(1) in developing programs, to be submitted for approval under subsection (b) of this section, for the
conservation and management of species of marine mammals; and
(2) in administering such programs if management authority for such species is transferred to the State
under such subsection.
Grants made under this subsection may not exceed 50 per centum of the costs of developing a State program

Page 26 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
before Secretarial approval, or of administering the program thereafter.
(k) Delegation of administration and enforcement to States
The Secretary is authorized and directed to enter into cooperative arrangements with the appropriate officials
of any State for the delegation to such State of the administration and enforcement of this subchapter:
Provided, That any such arrangement shall contain such provisions as the Secretary deems appropriate to
insure that the purposes and policies of this chapter will be carried out.
(l) Authorization of appropriations
(1) There are authorized to be appropriated to the Department of the Interior, for the purposes of
carrying out this section, not to exceed $400,000 for each of the fiscal years ending September 30, 1979,
September 30, 1980, and September 30, 1981.
(2) There are authorized to be appropriated to the Department of Commerce, for the purposes of carrying
out this section, not to exceed $225,000 for each of the fiscal years ending September 30, 1979,
September 30, 1980, and September 30, 1981.
§ 1380. Marine mammal research grants
(a) Authorization; research concerning yellowfin tuna; annual report
The Secretary is authorized to make grants, or to provide financial assistance in such other form as he deems
appropriate, to any Federal or State agency, public or private institution, or other person for the purpose of
assisting such agency, institution, or person to undertake research in subjects which are relevant to the
protection and conservation of marine mammals. In carrying out this subsection, the Secretary shall
undertake a program of, and shall provide financial assistance for, research into new methods of locating and
catching yellowfin tuna without the incidental taking of marine mammals. The Secretary shall include a
description of the annual results of research carried out under this section in the report required under section
1373 (f) of this title.
(b) Terms and conditions
Any grant or other financial assistance provided by the Secretary pursuant to this section shall be subject to
such terms and conditions as the Secretary deems necessary to protect the interests of the United States and
shall be made after review by the Marine Mammal Commission.
(c) Gulf of Maine ecosystem protection
(1) No later than 1 year after April 30, 1994, the Secretary of Commerce shall convene a regional
workshop for the Gulf of Maine to assess human-caused factors affecting the health and stability of that
marine ecosystem, of which marine mammals are a part. The workshop shall be conducted in consultation
with the Marine Mammal Commission, the adjacent coastal States, individuals with expertise in marine
mammal biology and ecology, representatives from environmental organizations, the fishing industry, and
other appropriate persons. The goal of the workshop shall be to identify such factors, and to recommend a
program of research and management to restore or maintain that marine ecosystem and its key
components that—
(A) protects and encourages marine mammals to develop to the greatest extent feasible
commensurate with sound policies of resource management;
(B) has as the primary management objective the maintenance of the health and stability of the
marine ecosystems;
(C) ensures the fullest possible range of management options for future generations; and
(D) permits nonwasteful, environmentally sound development of renewable and nonrenewable
resources.
(2) On or before December 31, 1995, the Secretary of Commerce shall submit to the Committee on
Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science
and Transportation of the Senate a report containing the results of the workshop under this subsection,
proposed regulatory or research actions, and recommended legislative action.
(d) Bering Sea ecosystem protection
(1) The Secretary of Commerce, in consultation with the Secretary of the Interior, the Marine Mammal
Commission, the State of Alaska, and Alaska Native organizations, shall, not later than 180 days after

Page 27 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
April 30, 1994, undertake a scientific research program to monitor the health and stability of the Bering
Sea marine ecosystem and to resolve uncertainties concerning the causes of population declines of marine
mammals, sea birds, and other living resources of that marine ecosystem. The program shall address the
research recommendations developed by previous workshops on Bering Sea living marine resources, and
shall include research on subsistence uses of such resources and ways to provide for the continued
opportunity for such uses.
(2) To the maximum extent practicable, the research program undertaken pursuant to paragraph (1)
shall be conducted in Alaska. The Secretary of Commerce shall utilize, where appropriate, traditional local
knowledge and may contract with a qualified Alaska Native organization to conduct such research.
(3) The Secretary of Commerce, the Secretary of the Interior, and the Commission shall address the
status and findings of the research program in their annual reports to Congress required by sections 1373
(f) and 1404 of this title.
§ 1381. Commercial fisheries gear development
(a) Research and development program; report to Congress; authorization of appropriations
The Secretary of the department in which the National Oceanic and Atmospheric Administration is operating
(hereafter referred to in this section as the “Secretary”) is hereby authorized and directed to immediately
undertake a program of research and development for the purpose of devising improved fishing methods and
gear so as to reduce to the maximum extent practicable the incidental taking of marine mammals in
connection with commercial fishing. At the end of the full twenty-four calendar month period following October
21, 1972, the Secretary shall deliver his report in writing to the Congress with respect to the results of such
research and development. For the purposes of this section, there is hereby authorized to be appropriated the
sum of $1,000,000 for the fiscal year ending June 30, 1973, and the same amount for the next fiscal year.
Funds appropriated for this section shall remain available until expended.
(b) Reduction of level of taking of marine mammals incidental to commercial fishing operations
The Secretary, after consultation with the Marine Mammal Commission, is authorized and directed to issue, as
soon as practicable, such regulations, covering the twenty-four-month period referred to in section 1371
(a)(2) of this title, as he deems necessary or advisable, to reduce to the lowest practicable level the taking of
marine mammals incidental to commercial fishing operations. Such regulations shall be adopted pursuant to
section 553 of title 5. In issuing such regulations, the Secretary shall take into account the results of any
scientific research under subsection (a) of this section and, in each case, shall provide a reasonable time not
exceeding four months for the persons affected to implement such regulations.
(c) Reduction of level of taking of marine mammals in tuna fishery
Additionally, the Secretary and Secretary of State are directed to commence negotiations within the InterAmerican Tropical Tuna Commission in order to effect essential compliance with the regulatory provisions of
this chapter so as to reduce to the maximum extent feasible the incidental taking of marine mammals by
vessels involved in the tuna fishery. The Secretary and Secretary of State are further directed to request the
Director of Investigations of the Inter-American Tropical Tuna Commission to make recommendations to all
member nations of the Commission as soon as is practicable as to the utilization of methods and gear devised
under subsection (a) of this section.
(d) Research and observation
Furthermore, after timely notice and during the period of research provided in this section, duly authorized
agents of the Secretary are hereby empowered to board and to accompany any commercial fishing vessel
documented under the laws of the United States, there being space available, on a regular fishing trip for the
purpose of conducting research or observing operations in regard to the development of improved fishing
methods and gear as authorized by this section. Such research and observation shall be carried out in such
manner as to minimize interference with fishing operations. The Secretary shall provide for the cost of
quartering and maintaining such agents. No master, operator, or owner of such a vessel shall impair or in any
way interfere with the research or observation being carried out by agents of the Secretary pursuant to this
section.

Page 28 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
§ 1382. Regulations and administration
(a) Consultation with Federal agencies
The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected,
shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter.
(b) Cooperation by Federal agencies
Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be
mutually agreeable, in carrying out the purposes of this subchapter.
(c) Contracts, leases, and cooperative agreements
The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be
necessary to carry out the purposes of this subchapter or subchapter V of this chapter and on such terms as
he deems appropriate with any Federal or State agency, public or private institution, or other person.
(d) Annual review; suspension of program
The Secretary shall review annually the operation of each program in which the United States participates
involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program
cannot be administered on lands owned by the United States or in which the United States has an interest in a
manner consistent with the purposes of policies of this chapter, he shall suspend the operation of that
program and shall include in the annual report to the public and the Congress required under section 1373 (f)
of this title his reasons for such suspension, together with recommendations for such legislation as he deems
necessary and appropriate to resolve the problem.
(e) Measures to alleviate impacts on strategic stocks
If the Secretary determines, based on a stock assessment under section 1386 of this title or other significant
new information obtained under this chapter, that impacts on rookeries, mating grounds, or other areas of
similar ecological significance to marine mammals may be causing the decline or impeding the recovery of a
strategic stock, the Secretary may develop and implement conservation or management measures to alleviate
those impacts. Such measures shall be developed and implemented after consultation with the Marine
Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public
comment.
§ 1383. Application to other treaties and conventions
(a) Generally; findings; waiver of penalties
The provisions of this subchapter shall be deemed to be in addition to and not in contravention of the
provisions of any existing international treaty, convention, or agreement, or any statute implementing the
same, which may otherwise apply to the taking of marine mammals. Upon a finding by the Secretary that the
provisions of any international treaty, convention, or agreement, or any statute implementing the same has
been made applicable to persons subject to the provisions of this subchapter in order to effect essential
compliance with the regulatory provisions of this chapter so as to reduce to the lowest practicable level the
taking of marine mammals incidental to commercial fishing operations, section 1375 of this title may not apply
to such persons.
(b) Review of effectiveness of Agreement on the Conservation of Polar Bears
Not later than 1 year after April 30, 1994, the Secretary of the Interior shall, in consultation with the
contracting parties, initiate a review of the effectiveness of the Agreement on the Conservation of Polar Bears,
as provided for in Article IX of the Agreement, and establish a process by which future reviews shall be
conducted.
(c) Review of implementation of Agreement on the Conservation of Polar Bears; report
The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission,
shall review the effectiveness of United States implementation of the Agreement on the Conservation of Polar
Bears, particularly with respect to the habitat protection mandates contained in Article II. The Secretary shall
report the results of this review to the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than

Page 29 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
April 1, 1995.
(d) Consultation regarding conservation of polar bears in Russia and Alaska; report
Not later than 6 months after April 30, 1994, the Secretary of the Interior, acting through the Secretary of
State and in consultation with the Marine Mammal Commission and the State of Alaska, shall consult with the
appropriate officials of the Russian Federation on the development and implementation of enhanced
cooperative research and management programs for the conservation of polar bears in Alaska and Russia. The
Secretary shall report the results of this consultation and provide periodic progress reports on the research
and management programs to the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science and Transportation of the Senate.
§ 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
(1) During the period beginning on November 23, 1988, and until superseded by regulations prescribed
under section 1387 of this title, or until September 1, 1995, whichever is earlier, except as provided in
paragraph (2), the provisions of this section, rather than sections 1371, 1373, and 1374 of this title, shall
govern the incidental taking of marine mammals in the course of commercial fishing operations by persons
using vessels of the United States and vessels which have valid fishing permits issued by the Secretary in
accordance with section 1824 (b) of this title. In any event it shall be the immediate goal that the
incidental kill or 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.
(2) The provisions of this section other than subsection (e)(6)(A) of this section shall not govern the
incidental taking of marine mammals in the course of commercial yellowfin tuna fishing subject to section
1374 (h)(2) of this title.
(b) Proposed and final list of fisheries taking marine mammals; publication in Federal Register; grant of
exemption; conditions; suspension of grant of exemption; administration of exemption provisions; fees
(1) The Secretary shall, after consultation with the Marine Mammal Commission—
(A) publish in the Federal Register, for public comment, not later than sixty days after November 23,
1988, a proposed list of those fisheries, along with a statement of the marine mammals and the
approximate number of vessels or persons involved in each such fishery, that have—
(i) frequent incidental taking of marine mammals;
(ii) occasional incidental taking of marine mammals; or
(iii) a remote likelihood of or no known incidental taking of marine mammals;
(B) publish in the Federal Register not later than one hundred and twenty days after November 23,
1988, a final list of the fisheries and other information required by paragraph (A), together with a
summary of the provisions of this section and information sufficient to advise vessel owners on how to
obtain an exemption and otherwise comply with the requirements of this section; and
(C) at least once each year thereafter, and at such other times as the Secretary considers
appropriate, reexamine, based on information gathered from the program established under
subsections (c), (d), (e), and (f) of this section, and other relevant sources and after notice and
opportunity for public comment, the classification of fisheries and other determinations required under
subparagraph (A) and publish in the Federal Register any necessary changes.
(2)
(A) An exemption shall be granted by the Secretary in accordance with this section for a vessel
engaged in a fishery identified under paragraph (1)(A)(i) or (ii), upon receipt by the Secretary of a
completed registration form providing the name of the vessel owner, the name and description of the
vessel, the fisheries in which it will be engaged, and such other information as the Secretary considers
necessary. A decal or other physical evidence that the exemption is current and valid shall be issued
by the Secretary at the time an exemption is granted, and so long as the exemption remains current
and valid, shall be reissued annually thereafter.
(B) No exemption may be granted under this section to the owner of a vessel unless such vessel—

Page 30 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(i) is a vessel of the United States; or
(ii) has a valid fishing permit issued by the Secretary in accordance with section 1824 (b) of
this title.
(C) Notwithstanding any other provision of this subchapter, exemptions granted under this section
shall authorize the incidental taking of marine mammals, other than California sea otters, from any
species or stock, including a population stock designated as depleted, but shall not authorize the
intentional lethal taking of any Steller sea lion, any cetacean, or any marine mammals from a
population stock designated as depleted.
(3)

(A) Beginning two hundred and forty days after November 23, 1988, each owner of a vessel engaged
in any fishery identified under paragraph (1)(A)(i) or (ii) shall, in order to engage lawfully in that
fishery—
(i) have registered with the Secretary in order to obtain for each such vessel owned an
exemption for the purpose of incidentally taking marine mammals in accordance with this
section;
(ii) ensure that a decal or such other physical evidence of a current and valid exemption as
the Secretary may require is displayed on or is in the possession of the master of each such
vessel; and
(iii) report as required by subsection (c) of this section.
(B) Any owner of a vessel receiving an exemption under this section for any fishery identified under
paragraph (1)(A)(i) shall, as a condition of that exemption, take on board a natural resource observer
if requested to do so by the Secretary.
(C) An owner of a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii) who—
(i) fails to obtain from the Secretary an exemption under this section;
(ii) fails to maintain a current and valid exemption; or
(iii) fails to ensure that a decal or other physical evidence of such exemption issued by the
Secretary is displayed on or is in possession of the master of the vessel,
and the master of any such vessel engaged in such fishery, shall be deemed to have violated this
subchapter, and shall be subject to the penalties of this subchapter except in the case of unknowing
violations before January 1, 1990.
(D) If the owner of a vessel has obtained and maintains a current and valid exemption from the
Secretary under this section and meets the requirements set forth in this section, the owner of such
vessel, and the master and crew members of the vessel, shall not be subject to the penalties set forth
in this subchapter for the incidental taking of marine mammals while such vessel is engaged in a
fishery to which the exemption applies.
(E) Each owner of a vessel engaged in any fishery not identified in paragraph (1)(A)(i) or (ii), and the
master and crew members of such a vessel, shall not be subject to the penalties set forth in this
subchapter for the incidental taking of marine mammals if such owner reports to the Secretary, in
such form and manner as the Secretary may require, instances of lethal incidental taking in the course
of that fishery.
(4) The Secretary shall suspend or revoke an exemption granted under this section and shall not issue a
decal or other physical evidence of the exemption for any vessel until the owner of such vessel complies
with the reporting requirements under subsection (c) of this section and such requirements to take on
board a natural resource observer under paragraph (3)(B) as are applicable to such vessel.
(5)
(A) The Secretary shall develop, in consultation with the appropriate States, Regional Fishery
Management Councils, and other interested parties, the means by which the granting and
administration of exemptions under this section shall be integrated and coordinated, to the maximum
extent practicable, with existing fishery licenses, registrations, and related programs.
(B) The Secretary shall utilize newspapers of general circulation, fishery trade associations, electronic
media, and other means of advising commercial fishermen of the provisions of this section and the
means by which they can comply with its requirements.
(C) The Secretary is authorized to charge a fee for the granting of an exemption under this

Page 31 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
subsection. The level of fees charged under this subparagraph shall not exceed the administrative
costs incurred in granting an exemption. Fees collected under this subparagraph shall be available to
the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in the granting
and administration of exemptions under this section.
(c) Compilation of information by vessel owners; contents
The owner of each vessel holding an exemption granted under subsection (b) of this section shall regularly
compile information which shall be used in a report to be submitted to the Secretary at the close of the fishing
season or annually, as the Secretary may prescribe. Such report shall be submitted in such form as the
Secretary may require and shall include the following:
(1) the type of fishery engaged in by the owner’s vessel;
(2) the date and approximate time of any incidental taking of a marine mammal, together with the area
in which the incidental taking occurred, the fishing gear used at the time of the incidental taking, and the
species of fish involved; and
(3) for each incidental taking, the number and species of marine mammals involved, whether the marine
mammals were deterred from gear or catch, incidentally injured, incidentally killed, or lethally removed to
protect gear, catch, or human life.
If there was no incidental taking of marine mammals during the reporting period, a report stating that fact
shall be filed with the Secretary.
(d) Program for enhancement and verification of information received from vessel owners; confidentiality of
information
(1) The Secretary shall establish a program to enhance the quality of and verify information received from
reports submitted by owners of vessels who have been granted an exemption under subsection (b) of this
section. The program shall include, but not be limited to—
(A) education efforts regarding the information that must be submitted;
(B) interviews with fishermen; and
(C) other such information gathering and verification activities that will enable the Secretary to
determine reliably the nature, type, and extent of the incidental taking of marine mammals that
occurs in a fishery.
Except to the extent authorized by the provisions of subsection (e) of this section, the program shall not
include placement of observers aboard exempted vessels.
(2) Information obtained under this subsection shall be subject to the confidentiality provisions of
subsection (j) of this section.
(e) Observers on board exempted vessels; confidentiality of information; authorization of appropriations
(1) For each fishery identified under subsection (b)(1)(A)(i) of this section, the Secretary shall, after
consultation with the appropriate Regional Fishery Management Councils, other Federal and State
agencies, and other interested parties, and subject to paragraph (6), place observers on board exempted
vessels so as to monitor not less than 20 percent nor more than 35 percent of the fishing operations by
vessels in the fishery to obtain statistically reliable information on the species and number of marine
mammals incidentally taken in the fishery. If the Secretary determines that fewer than 20 percent of the
fishing operations by vessels in the fishery will be monitored during the course of the fishing season, the
Secretary shall implement the alternative observation program described in subsection (f) of this section
to the extent necessary to supplement the observer program described in this subsection.
(2) When determining the distribution of observers among fisheries and between vessels in a particular
fishery, the Secretary shall be guided by the following standards:
(A) the requirement to obtain the best scientific information available;
(B) the requirement that assignment of observers is fair and equitable among fisheries and among
vessels in a fishery;
(C) consistent with paragraph (1), the requirement that no individual person or vessel, or group of
persons or vessels, be subject to excessive or overly burdensome observer coverage; and
(D) where practicable, the need to minimize costs and avoid duplication.
(3) If the Secretary finds that, for reasons beyond his or her control, the Secretary cannot assign
observers to all the fisheries identified under subsection (b)(1)(A)(i) of this section at the level of observer
coverage set forth in paragraph (1), the Secretary shall allocate available observers among such fisheries,

Page 32 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
consistent with paragraph (2), according to the following priority:
(A) those fisheries that incidentally take marine mammals from any population stock designated as
depleted;
(B) those fisheries that incidentally take marine mammals from population stocks that the Secretary
believes are declining;
(C) those fisheries other than those described in subparagraphs (A) and (B) in which the greatest
incidental take of marine mammals occur; and
(D) any other fishery identified under subsection (b)(1)(A)(i) of this section.
The Secretary may, with the consent of the vessel owner, station an observer on board a vessel engaged
in a fishery not identified under subsection (b)(1)(A)(i) of this section.
(4) Information gathered by observers shall be subject to the provisions of subsection (j) of this section.
Consistent with the requirements of paragraph (1), the Secretary shall, if requested by the
Appropriate [1] Regional Fishery Management Council, or in the case of a State fishery, the State, require
observers to collect additional information, including but not limited to the quantities, species, and
physical condition of target and non-target fishery resources and, if requested by the Secretary of the
Interior, seabirds.
(5) Notwithstanding the provisions of paragraph (4), the Secretary may decline to require observers to
collect information described in such paragraph, if the Secretary finds in writing, following public notice
and opportunity for comment, that such information will not contribute to the protection of marine
mammals or the understanding of the marine ecosystem, including fishery resources and seabirds.
(6) The Secretary shall not be required to place an observer on a vessel in a fishery if the Secretary finds
that—
(A) in a situation where harvesting vessels are delivering fish to a processing vessel and the catch is
not taken on board the harvesting vessel, statistically reliable information can be obtained from an
observer on board the processing vessel to which the fish are delivered;
(B) the facilities of a vessel for the quartering of an observer, or for carrying out observer functions,
are so inadequate or unsafe that the health or safety of the observer or the safe operation of the
vessel would be jeopardized; or
(C) for reasons beyond the control of the Secretary, an observer is not available.
(7)
(A) An observer on a vessel (or the observer’s personal representative) under the requirements of
this section or section 1374 of this title that is ill, disabled, injured, or killed from service as an
observer on that vessel may not bring a civil action under any law of the United States for that illness,
disability, injury, or death against the vessel or vessel owner, except that a civil action may be
brought against the vessel owner for the owner’s willful misconduct.
(B) This paragraph does not apply if the observer is engaged by the owner, master, or individual in
charge of a vessel to perform any duties in service to the vessel.
(8) There are authorized to be appropriated to the Department of Commerce for the purposes of carrying
out this subsection not to exceed $2,700,000 for fiscal year 1989 and not to exceed $8,000,000 for each
of the fiscal years 1990, 1991, 1992, and 1993.
(f) Alternative observation program
(1) The Secretary shall establish an alternative observation program to provide statistically reliable
information on the species and number of marine mammals incidentally taken in those fisheries identified
pursuant to subsection (b)(1)(A)(i) of this section for which the required level of observer coverage has
not been met or for any other fisheries about which such reliable information is not otherwise available.
The alternative program shall include, but not be limited to, direct observation of fishing activities from
vessels, airplanes, or points on shore.
(2) Individuals engaged in the alternative observation program shall collect scientific information on the
fisheries subject to observation, consistent with the requirements of paragraph (1) and subsection (e)(4)
and (5) of this section. All information collected shall be subject to the provisions of subsection (j) of this
section.
(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;

Page 33 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
action to mitigate non-immediate impacts
(1) The Secretary shall review information regarding the incidental taking of marine mammals and
evaluate the effects of such incidental taking on the affected population stocks of marine mammals.
(2) If the Secretary finds, based on the information received from the programs established under
subsections (c), (d), (e), and (f) of this section, that the incidental taking of marine mammals in a fishery
is having an immediate and significant adverse impact on a marine mammal population stock or, in the
case of Steller sea lions and North Pacific fur seals, that more than 1,350 and 50, respectively, will be
incidentally killed during a calendar year, the Secretary shall consult with appropriate Regional Fishery
Management Councils and State fishery managers and prescribe emergency regulations to prevent to the
maximum extent practicable any further taking. Any emergency regulations prescribed under this
paragraph—
(A) shall, to the maximum extent practicable, avoid interfering with existing State or regional fishery
management plans;
(B) shall be published in the Federal Register together with the reasons therefor;
(C) shall remain in effect for not more than one hundred and eighty days or until the end of the
fishing season, whichever is earlier; and
(D) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a
notice of termination if the Secretary determines the reasons for the emergency regulations no longer
exist.
In prescribing emergency regulations under this paragraph, the Secretary shall take into account the
economics of the fishery concerned and the availability of existing technology to prevent or minimize
incidental taking of marine mammals.
(3) If the Secretary finds, based on information received from the programs established under
subsections (c), (d), (e), and (f) of this section, that incidental taking of marine mammals in a fishery is
not having an immediate and significant adverse impact on a marine mammal population stock but that it
will likely have a significant adverse impact over a period of time longer than one year, the Secretary shall
request the appropriate Regional Fishery Management Council or State to initiate, recommend, or take
such action within its authority as it considers necessary to mitigate the adverse impacts, including
adjustments to requirements on fishing times or areas or the imposition of restrictions on the use of
vessels or gear.
(4) The Secretary shall impose appropriate conditions and restrictions on an exemption granted under
subsection (b) of this section if—
(A) a Regional Fishery Management Council or State does not act in a reasonable period of time on a
request made by the Secretary under paragraph (3); or
(B) if the Secretary determines after notice and opportunity for public comment that the purposes of
this section would be better served by such action.
(h) Information and management system for processing and analyzing reports and information; accessibility
to public
The Secretary shall design and implement an information management system capable of processing and
analyzing reports received from the programs established under subsections (c), (d), (e), and (f) of this
section, and other relevant sources, including Federal and State enforcement authorities, marine mammal
stranding networks, and the marine mammal researchers. The information shall be made accessible to the
public on a continuing basis, but in any case no later than six months after it is received, subject to the
provisions of subsection (j) of this section.
(i) Utilization of services of State and Federal agencies and private entities
When carrying out the Secretary’s responsibilities under subsections (b), (d), (e), (f), and (h) of this section,
the Secretary shall, to the maximum extent practicable, utilize the services and programs of State agencies,
Federal agencies (including programs established by Regional Fishery Management Councils), marine fisheries
commissions, universities, and private entities, on a reimbursable basis or otherwise. The Secretary is
authorized to enter into contracts and agreements to carry out his or her responsibilities and shall establish
appropriate guidelines to ensure that other programs used or contracted for will meet the same standards as a
program established by the Secretary. A person contracting with the Secretary to provide observer services
under subsection (e) of this section must provide evidence of financial responsibility in an amount and form

Page 34 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
prescribed by the Secretary to compensate employees (or their survivors) adequately for any illness,
disability, injury, or death from service on a vessel.
(j) Confidentiality of information; exceptions
(1) Any information collected under subsection (c), (d), (e), (f), or (h) of this section shall be confidential
and shall not be disclosed except—
(A) to Federal employees whose duties require access to such information;
(B) to State employees pursuant to an agreement with the Secretary that prevents public disclosure
of the identity or business of any person;
(C) when required by court order; or
(D) in the case of scientific information involving fisheries, to employees of Regional Fishery
Management Councils who are responsible for fishery management plan development and monitoring.
(2) The Secretary shall prescribe such procedures as may be necessary to preserve such confidentiality,
except that the Secretary shall release or make public any such information in aggregate, summary, or
other form which does not directly or indirectly disclose the identity or business of any person.
(k) Regulations
The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected,
shall prescribe such regulations as necessary and appropriate to carry out the purposes of this section.
(l) Suggested regime governing incidental taking of marine mammals following termination of interim
exemptions
(1) The Chairman of the Marine Mammal Commission shall, after consultation with interested parties and
not later than February 1, 1990, transmit to the Secretary and make available to the public recommended
guidelines to govern the incidental taking of marine mammals in the course of commercial fishing
operations, other than those subject to section 1374 (h)(2) of this title, after October 1, 1993. Such
guidelines shall be developed by the Commission and its Committee of Scientific Advisers on Marine
Mammals and shall—
(A) be designed to provide a scientific rationale and basis for determining how many marine
mammals may be incidentally taken under a regime to be adopted to govern such taking after October
1, 1993;
(B) be based on sound principles of wildlife management, and be consistent with and in furtherance of
the purposes and policies set forth in this chapter; and
(C) to the maximum extent practicable, include as factors to be considered and utilized in determining
permissible levels of such taking—
(i) the status and trends of the affected marine mammal population stocks;
(ii) the abundance and annual net recruitment of such stocks;
(iii) the level of confidence in the knowledge of the affected stocks; and
(iv) the extent to which incidental taking will likely cause or contribute to their decline or
prevent their recovery to optimum sustainable population levels.
(2) The Secretary shall advise the Chairman of the Commission in writing if the Secretary determines that
any additional information or explanation of the Chairman’s recommendations is needed, and the
Chairman shall respond in writing to any such request by the Secretary.
(3) On or before February 1, 1991, the Secretary, after consultation with the Marine Mammal
Commission, Regional Fishery Management Councils, and other interested governmental and
nongovernmental organizations, shall publish in the Federal Register, for public comment, the suggested
regime that the Secretary considers should, if authorized by enactment of any additional legislation,
govern incidental taking of marine mammals, other than those subject to section 1374 (h)(2) of this title,
after October 1, 1993. The suggested regime shall include—
(A) the scientific guidelines to be used in determining permissible levels of incidental taking;
(B) a description of the arrangements for consultation and cooperation with other Federal agencies,
the appropriate Regional Fishery Management Councils and States, the commercial fishing industry,
and conservation organizations; and
(C) a summary of such regulations and legislation as would be necessary to implement the suggested
regime.
(4) On or before January 1, 1992, the Secretary, after consultation with the Marine Mammal Commission,

Page 35 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
and consideration of public comment, shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of
Representatives recommendations pertaining to the incidental taking of marine mammals, other than
those subject to section 1374 (h)(2) of this title, after October 1, 1993. The recommendations shall
include—
(A) the suggested regime developed under paragraph (3) of this subsection as modified after
comment and consultations;
(B) a proposed schedule for implementing the suggested regime; and
(C) such recommendations for additional legislation as the Secretary considers necessary or desirable
to implement the suggested regime.
(m) Consultation with Secretary of the Interior
The Secretary shall consult with the Secretary of the Interior prior to taking actions or making determinations
under this section that affect or relate to species or population stocks of marine mammals for which the
Secretary of the Interior is responsible under this subchapter.
(n) Owner of fixed commercial fishing gear deemed owner of vessel engaged in fishery in which gear
deployed
For the purposes of this section, the owner of fixed or other commercial fishing gear that is deployed with or
without the use of a vessel shall be deemed to be an owner of a vessel engaged in the fishery in which that
gear is deployed.
(o) Definitions
As used in this section—
(1) the term “fishery” has the same meaning as it does in section 1802 (8) [2] of this title.
(2) the term “Secretary” means the Secretary of Commerce.
(3) the term “vessel engaged in a fishery” means a fishing vessel as defined in section 2101(11a) of title
46 or a fish processing vessel as defined in section 2101(11b) of that title, which is engaged in fishery.
(4) the term “vessel of the United States” has the same meaning as it does in section 1802 (27) of this
title.
§ 1383b. Status review; conservation plans
(a) Determinations by rule; notice and hearing; findings; final rule on status of species or stock involved
(1) In any action by the Secretary to determine if a species or stock should be designated as depleted, or
should no longer be designated as depleted, regardless of whether such action is taken on the initiative of
the Secretary or in response to a petition for a status review, the Secretary shall only make such a
determination by issuance of a rule, after notice and opportunity for public comment and after a call for
information in accordance with paragraph (2).
(2) The Secretary shall make any determination described in paragraph (1) solely on the basis of the best
scientific information available. Prior to the issuance of a proposed rule concerning any such
determination, the Secretary shall publish in the Federal Register a call to assist the Secretary in obtaining
scientific information from individuals and organizations concerned with the conservation of marine
mammals, from persons in any industry which might be affected by the determination, and from academic
institutions. In addition, the Secretary shall utilize, to the extent the Secretary determines to be feasible,
informal working groups of interested parties and other methods to gather the necessary information.
(3)
(A) If the Secretary receives a petition for a status review as described in paragraph (1), the
Secretary shall publish a notice in the Federal Register that such a petition has been received and is
available for public review.
(B) Within sixty days after receipt of the petition, the Secretary shall publish a finding in the Federal
Register as to whether the petition presents substantial information indicating that the petitioned
action may be warranted.
(C) If the Secretary makes a positive finding under subparagraph (B), the Secretary shall include in
the Federal Register notice, a finding that—

Page 36 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(i) a review of the status of the species or stock will be commenced promptly; or
(ii) a prompt review of the petition is precluded by other pending status determination
petitions and that expeditious progress is being made to process pending status determination
petitions under this subchapter.
In no case after making a finding under this subparagraph shall the Secretary delay commencing a
review of the status of a species or stock for more than one hundred and twenty days after receipt of
the petition.
(D) No later than two hundred and ten days after the receipt of the petition, the Secretary shall
publish in the Federal Register a proposed rule as to the status of the species or stock, along with the
reasons underlying the proposed status determination. Persons shall have at least sixty days to submit
comments on such a proposed rule.
(E) Not later than ninety days after the close of the comment period on a proposed rule issued under
subparagraph (D), the Secretary shall issue a final rule on the status of the species or stock involved,
along with the reasons for the status determination. If the Secretary finds with respect to such a
proposed rule that there is substantial disagreement regarding the sufficiency or accuracy of the
available information relevant to a status determination, the Secretary may delay the issuance of a
final rule for a period of not more than six months for purposes of soliciting additional information.
(F) Notwithstanding subparagraphs (D) and (E) of this paragraph and section 553 of title 5, the
Secretary may issue a final rule as to the status of a species or stock any time sixty or more days
after a positive finding under subparagraph (B) if the Secretary determines there is substantial
information available to warrant such final status determination and further delay would pose a
significant risk to the well-being of any species or stock. Along with the final rule, the Secretary shall
publish in the Federal Register detailed reasons for the expedited determination.
(b) Conservation plans; preparation and implementation
(1) The Secretary shall prepare conservation plans—
(A) By December 31, 1989, for North Pacific fur seals;
(B) by December 31, 1990, for Steller sea lions; and
(C) as soon as possible, for any species or stock designated as depleted under this subchapter, except
that a conservation plan need not be prepared if the Secretary determines that it will not promote the
conservation of the species or stock.
(2) Each plan shall have the purpose of conserving and restoring the species or stock to its optimum
sustainable population. The Secretary shall model such plans on recovery plans required under section
1533 (f) of this title.
(3) The Secretary shall act expeditiously to implement each conservation plan prepared under paragraph
(1). Each year, the Secretary shall specify in the annual report prepared under section 1373 (f) of this title
what measures have been taken to prepare and implement such plans.
(4) If the Secretary determines that a take reduction plan is necessary to reduce the incidental taking of
marine mammals in the course of commercial fishing operations from a strategic stock, or for species or
stocks which interact with a commercial fishery for which the Secretary has made a determination under
section 1387 (f)(1) of this title, any conservation plan prepared under this subsection for such species or
stock shall incorporate the take reduction plan required under section 1387 of this title for such species or
stock.
§ 1384. Authorization of appropriations
(a) Department of Commerce
(1) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out
its functions and responsibilities under this subchapter (other than sections 1386 and 1387 of this title)
and subchapter V of this chapter, $12,138,000 for fiscal year 1994, $12,623,000 for fiscal year 1995,
$13,128,000 for fiscal year 1996, $13,653,000 for fiscal year 1997, $14,200,000 for fiscal year 1998, and
$14,768,000 for fiscal year 1999.
(2) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out

Page 37 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
sections 1386 and 1387 of this title, $20,000,000 for each of the fiscal years 1994 through 1999.
(b) Department of the Interior
There are authorized to be appropriated to the Department of the Interior, for purposes of carrying out its
functions and responsibilities under this subchapter, $8,000,000 for fiscal year 1994, $8,600,000 for fiscal
year 1995, $9,000,000 for fiscal year 1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal year 1998,
and $10,296,000 for fiscal year 1999.
§ 1385. Dolphin protection
(a) Short title
This section may be cited as the “Dolphin Protection Consumer Information Act”.
(b) Findings
The Congress finds that—
(1) dolphins and other marine mammals are frequently killed in the course of tuna fishing operations in
the eastern tropical Pacific Ocean and high seas driftnet fishing in other parts of the world;
(2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part
because of the harmful effects that such driftnets have on marine mammals, including dolphins; and
(3) consumers would like to know if the tuna they purchase is falsely labeled as to the effect of the
harvesting of the tuna on dolphins.
(c) Definitions
For purposes of this section—
(1) the terms “driftnet” and “driftnet fishing” have the meanings given those terms in section 4003 of the
Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note );
(2) the term “eastern tropical Pacific Ocean” means the area of the Pacific Ocean bounded by 40 degrees
north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of
North, Central, and South America;
(3) the term “label” means a display of written, printed, or graphic matter on or affixed to the immediate
container of any article;
(4) the term “Secretary” means the Secretary of Commerce; and
(5) the term “tuna product” means a food item which contains tuna and which has been processed for
retail sale, except perishable sandwiches, salads, or other products with a shelf life of less than 3 days.
(d) Labeling standard
(1) It is a violation of section 45 of title 15 for any producer, importer, exporter, distributor, or seller of
any tuna product that is exported from or offered for sale in the United States to include on the label of
that product the term “dolphin safe” or any other term or symbol that falsely claims or suggests that the
tuna contained in the product were harvested using a method of fishing that is not harmful to dolphins if
the product contains tuna harvested—
(A) on the high seas by a vessel engaged in driftnet fishing;
(B) outside the eastern tropical Pacific Ocean by a vessel using purse seine nets—
(i) in a fishery in which the Secretary has determined that a regular and significant
association occurs between dolphins and tuna (similar to the association between dolphins and
tuna in the eastern tropical Pacific Ocean), unless such product is accompanied by a written
statement, executed by the captain of the vessel and an observer participating in a national or
international program acceptable to the Secretary, certifying that no purse seine net was
intentionally deployed on or used to encircle dolphins during the particular voyage on which
the tuna were caught and no dolphins were killed or seriously injured in the sets in which the
tuna were caught; or
(ii) in any other fishery (other than a fishery described in subparagraph (D)) unless the
product is accompanied by a written statement executed by the captain of the vessel certifying
that no purse seine net was intentionally deployed on or used to encircle dolphins during the
particular voyage on which the tuna was harvested;
(C) in the eastern tropical Pacific Ocean by a vessel using a purse seine net unless the tuna meet the

Page 38 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
requirements for being considered dolphin safe under paragraph (2); or
(D) by a vessel in a fishery other than one described in subparagraph (A), (B), or (C) that is identified
by the Secretary as having a regular and significant mortality or serious injury of dolphins, unless such
product is accompanied by a written statement executed by the captain of the vessel and an observer
participating in a national or international program acceptable to the Secretary that no dolphins were
killed or seriously injured in the sets or other gear deployments in which the tuna were caught,
provided that the Secretary determines that such an observer statement is necessary.
(2) For purposes of paragraph (1)(C), a tuna product that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is dolphin safe if—
(A) the vessel is of a type and size that the Secretary has determined, consistent with the
International Dolphin Conservation Program, is not capable of deploying its purse seine nets on or to
encircle dolphins; or
(B)
(i) the product is accompanied by a written statement executed by the captain providing the
certification required under subsection (h) of this section;
(ii) the product is accompanied by a written statement executed by—
(I) the Secretary or the Secretary’s designee;
(II) a representative of the Inter-American Tropical Tuna Commission; or
(III) an authorized representative of a participating nation whose national program
meets the requirements of the International Dolphin Conservation Program,
which states that there was an observer approved by the International Dolphin Conservation
Program on board the vessel during the entire trip and that such observer provided the
certification required under subsection (h) of this section; and
(iii) the statements referred to in clauses (i) and (ii) are endorsed in writing by each exporter,
importer, and processor of the product; and
(C) the written statements and endorsements referred to in subparagraph (B) comply with regulations
promulgated by the Secretary which provide for the verification of tuna products as dolphin safe.
(3)
(A) The Secretary of Commerce shall develop an official mark that may be used to label tuna products
as dolphin safe in accordance with this Act.[1]
(B) A tuna product that bears the dolphin safe mark developed under subparagraph (A) shall not bear
any other label or mark that refers to dolphins, porpoises, or marine mammals.
(C) It is a violation of section 45 of title 15 to label a tuna product with any label or mark that refers
to dolphins, porpoises, or marine mammals other than the mark developed under subparagraph (A)
unless—
(i) no dolphins were killed or seriously injured in the sets or other gear deployments in which
the tuna were caught;
(ii) the label is supported by a tracking and verification program which is comparable in
effectiveness to the program established under subsection (f) of this section; and
(iii) the label complies with all applicable labeling, marketing, and advertising laws and
regulations of the Federal Trade Commission, including any guidelines for environmental
labeling.
(D) If the Secretary determines that the use of a label referred to in subparagraph (C) is substantially
undermining the conservation goals of the International Dolphin Conservation Program, the Secretary
shall report that determination to the United States Senate Committee on Commerce, Science, and
Transportation and the United States House of Representatives Committees on Resources and on
Commerce, along with recommendations to correct such problems.
(E) It is a violation of section 45 of title 15 willingly and knowingly to use a label referred to in
subparagraph (C) in a campaign or effort to mislead or deceive consumers about the level of
protection afforded dolphins under the International Dolphin Conservation Program.
(e) Enforcement
Any person who knowingly and willfully makes a statement or endorsement described in subsection (d)(2)(B)
of this section that is false is liable for a civil penalty of not to exceed $100,000 assessed in an action brought

Page 39 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
in any appropriate district court of the United States on behalf of the Secretary.
(f) Regulations
The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this
Act, including regulations to establish a domestic tracking and verification program that provides for the
effective tracking of tuna labeled under subsection (d) of this section. In the development of these
regulations, the Secretary shall establish appropriate procedures for ensuring the confidentiality of proprietary
information the submission of which is voluntary or mandatory. The regulations shall address each of the
following items:
(1) The use of weight calculation for purposes of tracking tuna caught, landed, processed, and exported.
(2) Additional measures to enhance current observer coverage, including the establishment of criteria for
training, and for improving monitoring and reporting capabilities and procedures.
(3) The designation of well location, procedures for sealing holds, procedures for monitoring and certifying
both above and below deck, or through equally effective methods, the tracking and verification of tuna
labeled under subsection (d) of this section.
(4) The reporting, receipt, and database storage of radio and facsimile transmittals from fishing vessels
containing information related to the tracking and verification of tuna, and the definition of set.
(5) The shore-based verification and tracking throughout the fishing, transshipment, and canning process
by means of Inter-American Tropical Tuna Commission trip records or otherwise.
(6) The use of periodic audits and spot checks for caught, landed, and processed tuna products labeled in
accordance with subsection (d) of this section.
(7) The provision of timely access to data required under this subsection by the Secretary from harvesting
nations to undertake the actions required in paragraph (6) of this paragraph.[2]
The Secretary may make such adjustments as may be appropriate to the regulations promulgated under this
subsection to implement an international tracking and verification program that meets or exceeds the
minimum requirements established by the Secretary under this subsection.
(g) Secretarial findings
(1) Between March 1, 1999, and March 31, 1999, the Secretary shall, on the basis of the research
conducted before March 1, 1999, under section 1414a (a) of this title, information obtained under the
International Dolphin Conservation Program, and any other relevant information, make an initial finding
regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is
having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean.
The initial finding shall be published immediately in the Federal Register and shall become effective upon a
subsequent date determined by the Secretary.
(2) Between July 1, 2001, and December 31, 2002, the Secretary shall, on the basis of the completed
study conducted under section 1414a (a) of this title, information obtained under the International Dolphin
Conservation Program, and any other relevant information, make a finding regarding whether the
intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse
impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The finding shall be published
immediately in the Federal Register and shall become effective upon a subsequent date determined by the
Secretary.
(h) Certification by captain and observer
(1) Unless otherwise required by paragraph (2), the certification by the captain under subsection
(d)(2)(B)(i) of this section and the certification provided by the observer as specified in subsection
(d)(2)(B)(ii) of this section shall be that no dolphins were killed or seriously injured during the sets in
which the tuna were caught.
(2) The certification by the captain under subsection (d)(2)(B)(i) of this section and the certification
provided by the observer as specified under subsection (d)(2)(B)(ii) of this section shall be that no tuna
were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed
on or to encircle dolphins, and that no dolphins were killed or seriously injured during the sets in which
the tuna were caught, if the tuna were caught on a trip commencing—
(A) before the effective date of the initial finding by the Secretary under subsection (g)(1) of this
section;
(B) after the effective date of such initial finding and before the effective date of the finding of the

Page 40 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
Secretary under subsection (g)(2) of this section, where the initial finding is that the intentional
deployment on or encirclement of dolphins is having a significant adverse impact on any depleted
dolphin stock; or
(C) after the effective date of the finding under subsection (g)(2) of this section, where such finding is
that the intentional deployment on or encirclement of dolphins is having a significant adverse impact
on any such depleted stock.
§ 1386. Stock assessments
(a) In general
Not later than August 1, 1994, the Secretary shall, in consultation with the appropriate regional scientific
review group established under subsection (d) of this section, prepare a draft stock assessment for each
marine mammal stock which occurs in waters under the jurisdiction of the United States. Each draft stock
assessment, based on the best scientific information available, shall—
(1) describe the geographic range of the affected stock, including any seasonal or temporal variation in
such range;
(2) provide for such stock the minimum population estimate, current and maximum net productivity
rates, and current population trend, including a description of the information upon which these are
based;
(3) estimate the annual human-caused mortality and serious injury of the stock by source and, for a
strategic stock, other factors that may be causing a decline or impeding recovery of the stock, including
effects on marine mammal habitat and prey;
(4) describe commercial fisheries that interact with the stock, including—
(A) the approximate number of vessels actively participating in each such fishery;
(B) the estimated level of incidental mortality and serious injury of the stock by each such fishery on
an annual basis;
(C) seasonal or area differences in such incidental mortality or serious injury; and
(D) the rate, based on the appropriate standard unit of fishing effort, of such incidental mortality and
serious injury, and an analysis stating whether such level is insignificant and is approaching a zero
mortality and serious injury rate;
(5) categorize the status of the stock as one that either—
(A) has a level of human-caused mortality and serious injury that is not likely to cause the stock to be
reduced below its optimum sustainable population; or
(B) is a strategic stock, with a description of the reasons therefor; and
(6) estimate the potential biological removal level for the stock, describing the information used to
calculate it, including the recovery factor.
(b) Public comment
(1) The Secretary shall publish in the Federal Register a notice of the availability of a draft stock
assessment or any revision thereof and provide an opportunity for public review and comment during a
period of 90 days. Such notice shall include a summary of the assessment and a list of the sources of
information or published reports upon which the assessment is based.
(2) Subsequent to the notice of availability required under paragraph (1), if requested by a person to
which section 1371 (b) of this title applies, the Secretary shall conduct a proceeding on the record prior to
publishing a final stock assessment or any revision thereof for any stock subject to taking under section
1371 (b) of this title.
(3) After consideration of the best scientific information available, the advice of the appropriate regional
scientific review group established under subsection (d) of this section, and the comments of the general
public, the Secretary shall publish in the Federal Register a notice of availability and a summary of the
final stock assessment or any revision thereof, not later than 90 days after—
(A) the close of the public comment period on a draft stock assessment or revision thereof; or
(B) final action on an agency proceeding pursuant to paragraph (2).
(c) Review and revision

Page 41 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(1) The Secretary shall review stock assessments in accordance with this subsection—
(A) at least annually for stocks which are specified as strategic stocks;
(B) at least annually for stocks for which significant new information is available; and
(C) at least once every 3 years for all other stocks.
(2) If the review under paragraph (1) indicates that the status of the stock has changed or can be more
accurately determined, the Secretary shall revise the stock assessment in accordance with subsection (b)
of this section.
(d) Regional scientific review groups
(1) Not later than 60 days after April 30, 1994, the Secretary of Commerce shall, in consultation with the
Secretary of the Interior (with respect to marine mammals under that Secretary’s jurisdiction), the Marine
Mammal Commission, the Governors of affected adjacent coastal States, regional fishery and wildlife
management authorities, Alaska Native organizations and Indian tribes, and environmental and fishery
groups, establish three independent regional scientific review groups representing Alaska, the Pacific
Coast (including Hawaii), and the Atlantic Coast (including the Gulf of Mexico), consisting of individuals
with expertise in marine mammal biology and ecology, population dynamics and modeling, commercial
fishing technology and practices, and stocks taken under section 1371 (b) of this title. The Secretary of
Commerce shall, to the maximum extent practicable, attempt to achieve a balanced representation of
viewpoints among the individuals on each regional scientific review group. The regional scientific review
groups shall advise the Secretary on—
(A) population estimates and the population status and trends of such stocks;
(B) uncertainties and research needed regarding stock separation, abundance, or trends, and factors
affecting the distribution, size, or productivity of the stock;
(C) uncertainties and research needed regarding the species, number, ages, gender, and reproductive
status of marine mammals;
(D) research needed to identify modifications in fishing gear and practices likely to reduce the
incidental mortality and serious injury of marine mammals in commercial fishing operations;
(E) the actual, expected, or potential impacts of habitat destruction, including marine pollution and
natural environmental change, on specific marine mammal species or stocks, and for strategic stocks,
appropriate conservation or management measures to alleviate any such impacts; and
(F) any other issue which the Secretary or the groups consider appropriate.
(2) The scientific review groups established under this subsection shall not be subject to the Federal
Advisory Committee Act (5 App. U.S.C.).
(3) Members of the scientific review groups shall serve without compensation, but may be reimbursed by
the Secretary, upon request, for reasonable travel costs and expenses incurred in performing their
obligations.
(4) The Secretary may appoint or reappoint individuals to the regional scientific review groups under
paragraph (1) as needed.
(e) Effect on section 1371 (b) of this title
This section shall not affect or otherwise modify the provisions of section 1371 (b) of this title.
§ 1387. Taking of marine mammals incidental to commercial fishing operations
(a) In general
(1) Effective on April 30, 1994, and except as provided in section 1383a of this title and in paragraphs
(2), (3), and (4) of this subsection, the provisions of this section shall govern the incidental taking of
marine mammals in the course of commercial fishing operations 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. In any event it shall be the immediate goal that the incidental mortality or serious injury
of marine mammals occurring in the course of commercial fishing operations be reduced to insignificant
levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994.
(2) In the case of the incidental taking of marine mammals from species or stocks designated under this
chapter as depleted on the basis of their listing as threatened species or endangered species under the

Page 42 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), both this section and section 1371 (a)(5)(E) of
this title shall apply.
(3) Sections [1] 1374(h) of this title and subchapter IV of this chapter, and not this section, shall govern
the taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean.
(4) This section 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).
(5) Except as provided in section 1371 (c) of this title, the intentional lethal take of any marine mammal
in the course of commercial fishing operations is prohibited.
(6) Sections 1373 and 1374 of this title shall not apply to the incidental taking of marine mammals under
the authority of this section.
(b) Zero mortality rate goal
(1) Commercial fisheries shall reduce incidental mortality and serious injury of marine mammals to
insignificant levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994.
(2) Fisheries which maintain insignificant serious injury and mortality levels approaching a zero rate shall
not be required to further reduce their mortality and serious injury rates.
(3) Three years after April 30, 1994, the Secretary shall review the progress of all commercial fisheries,
by fishery, toward reducing incidental mortality and serious injury to insignificant levels approaching a
zero rate. The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report
setting forth the results of such review within 1 year after commencement of the review. The Secretary
shall note any commercial fishery for which additional information is required to accurately assess the
level of incidental mortality and serious injury of marine mammals in the fishery.
(4) If the Secretary determines after review under paragraph (3) that the rate of incidental mortality and
serious injury of marine mammals in a commercial fishery is not consistent with paragraph (1), then the
Secretary shall take appropriate action under subsection (f) of this section.
(c) Registration and authorization
(1) The Secretary shall, within 90 days after April 30, 1994—
(A) publish in the Federal Register for public comment, for a period of not less than 90 days, any
necessary changes to the Secretary’s list of commercial fisheries published under section 1383a (b)(1)
of this title and which is in existence on March 31, 1994 (along with an explanation of such changes
and a statement describing the marine mammal stocks interacting with, and the approximate number
of vessels or persons actively involved in, each such fishery), with respect to commercial fisheries that
have—
(i) frequent incidental mortality and serious injury of marine mammals;
(ii) occasional incidental mortality and serious injury of marine mammals; or
(iii) a remote likelihood of or no known incidental mortality or serious injury of marine
mammals;
(B) after the close of the period for such public comment, publish in the Federal Register a revised list
of commercial fisheries and an update of information required by subparagraph (A), together with a
summary of the provisions of this section and information sufficient to advise vessel owners on how to
obtain an authorization and otherwise comply with the requirements of this section; and
(C) at least once each year thereafter, and at such other times as the Secretary considers
appropriate, reexamine, based on information gathered under this chapter and other relevant sources
and after notice and opportunity for public comment, the classification of commercial fisheries and
other determinations required under subparagraph (A) and publish in the Federal Register any
necessary changes.
(2)
(A) An authorization shall be granted by the Secretary in accordance with this section for a vessel
engaged in a commercial fishery listed under paragraph (1)(A)(i) or (ii), upon receipt by the Secretary
of a completed registration form providing the name of the vessel owner and operator, the name and
description of the vessel, the fisheries in which it will be engaged, the approximate time, duration, and
location of such fishery operations, and the general type and nature of use of the fishing gear and

Page 43 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act

(3)

(4)

techniques used. Such information shall be in a readily usable format that can be efficiently entered
into and utilized by an automated or computerized data processing system. A decal or other physical
evidence that the authorization is current and valid shall be issued by the Secretary at the time an
authorization is granted, and so long as the authorization remains current and valid, shall be reissued
annually thereafter.
(B) No authorization may be granted under this section to the owner of a vessel unless such vessel—
(i) is a vessel of the United States; or
(ii) has a valid fishing permit issued by the Secretary in accordance with section 1824 (b) of
this title.
(C) Except as provided in subsection (a) of this section, an authorization granted under this section
shall allow the incidental taking of all species and stocks of marine mammals to which this chapter
applies.
(A) An owner of a vessel engaged in any fishery listed under paragraph (1)(A)(i) or (ii) shall, in order
to engage in the lawful incidental taking of marine mammals in a commercial fishery—
(i) have registered as required under paragraph (2) with the Secretary in order to obtain for
each such vessel owned and used in the fishery an authorization for the purpose of incidentally
taking marine mammals in accordance with this section, except that owners of vessels holding
valid certificates of exemption under section 1383a of this title are deemed to have registered
for purposes of this subsection for the period during which such exemption is valid;
(ii) ensure that a decal or such other physical evidence of a current and valid authorization as
the Secretary may require is displayed on or is in the possession of the master of each such
vessel;
(iii) report as required by subsection (e) of this section; and
(iv) comply with any applicable take reduction plan and emergency regulations issued under
this section.
(B) Any owner of a vessel receiving an authorization under this section for any fishery listed under
paragraph (1)(A)(i) or (ii) shall, as a condition of that authorization, take on board an observer if
requested to do so by the Secretary.
(C) An owner of a vessel engaged in a fishery listed under paragraph (1)(A)(i) or (ii) who—
(i) fails to obtain from the Secretary an authorization for such vessel under this section;
(ii) fails to maintain a current and valid authorization for such vessel; or
(iii) fails to ensure that a decal or other physical evidence of such authorization issued by the
Secretary is displayed on or is in possession of the master of the vessel,
and the master of any such vessel engaged in such fishery, shall be deemed to have violated this
subchapter, and for violations of clauses (i) and (ii) shall be subject to the penalties of this
subchapter, and for violations of clause (iii) shall be subject to a fine of not more than $100 for each
offense.
(D) If the owner of a vessel has obtained and maintains a current and valid authorization from the
Secretary under this section and meets the requirements set forth in this section, including compliance
with any regulations to implement a take reduction plan under this section, the owner of such vessel,
and the master and crew members of the vessel, shall not be subject to the penalties set forth in this
subchapter for the incidental taking of marine mammals while such vessel is engaged in a fishery to
which the authorization applies.
(E) Each owner of a vessel engaged in any fishery not listed under paragraph (1)(A)(i) or (ii), and the
master and crew members of such a vessel, shall not be subject to the penalties set forth in this
subchapter for the incidental taking of marine mammals if such owner reports to the Secretary, in the
form and manner required under subsection (e) of this section, instances of incidental mortality or
injury of marine mammals in the course of that fishery.
(A) The Secretary shall suspend or revoke an authorization granted under this section and shall not
issue a decal or other physical evidence of the authorization for any vessel until the owner of such
vessel complies with the reporting requirements under subsection (e) of this section and such

Page 44 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act

(5)

requirements to take on board an observer under paragraph (3)(B) as are applicable to such vessel.
Previous failure to comply with the requirements of section 1383a of this title shall not bar
authorization under this section for an owner who complies with the requirements of this section.
(B) The Secretary may suspend or revoke an authorization granted under this subsection, and may
not issue a decal or other physical evidence of the authorization for any vessel which fails to comply
with a take reduction plan or emergency regulations issued under this section.
(C) The owner and master of a vessel which fails to comply with a take reduction plan shall be subject
to the penalties of sections 1375 and 1377 of this title, and may be subject to section 1376 of this
title.

(A) The Secretary shall develop, in consultation with the appropriate States, affected Regional Fishery
Management Councils, and other interested persons, the means by which the granting and
administration of authorizations under this section shall be integrated and coordinated, to the
maximum extent practicable, with existing fishery licenses, registrations, and related programs.
(B) The Secretary shall utilize newspapers of general circulation, fishery trade associations, electronic
media, and other means of advising commercial fishermen of the provisions of this section and the
means by which they can comply with its requirements.
(C) The Secretary is authorized to charge a fee for the granting of an authorization under this section.
The level of fees charged under this subparagraph shall not exceed the administrative costs incurred
in granting an authorization. Fees collected under this subparagraph shall be available to the Under
Secretary of Commerce for Oceans and Atmosphere for expenses incurred in the granting and
administration of authorizations under this section.
(d) Monitoring of incidental takes
(1) The Secretary shall establish a program to monitor incidental mortality and serious injury of marine
mammals during the course of commercial fishing operations. The purposes of the monitoring program
shall be to—
(A) obtain statistically reliable estimates of incidental mortality and serious injury;
(B) determine the reliability of reports of incidental mortality and serious injury under subsection (e)
of this section; and
(C) identify changes in fishing methods or technology that may increase or decrease incidental
mortality and serious injury.
(2) Pursuant to paragraph (1), the Secretary may place observers on board vessels as necessary, subject
to the provisions of this section. Observers may, among other tasks—
(A) record incidental mortality and injury, or by catch of other nontarget species;
(B) record numbers of marine mammals sighted; and
(C) perform other scientific investigations.
(3) In determining the distribution of observers among commercial fisheries and vessels within a fishery,
the Secretary shall be guided by the following standards:
(A) The requirement to obtain statistically reliable information.
(B) The requirement that assignment of observers is fair and equitable among fisheries and among
vessels in a fishery.
(C) The requirement that no individual person or vessel, or group of persons or vessels, be subject to
excessive or overly burdensome observer coverage.
(D) To the extent practicable, the need to minimize costs and avoid duplication.
(4) To the extent practicable, the Secretary shall allocate observers among commercial fisheries in
accordance with the following priority:
(A) The highest priority for allocation shall be for commercial fisheries that have incidental mortality
or serious injury of marine mammals from stocks listed as endangered species or threatened species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(B) The second highest priority for allocation shall be for commercial fisheries that have incidental
mortality and serious injury of marine mammals from strategic stocks.
(C) The third highest priority for allocation shall be for commercial fisheries that have incidental
mortality or serious injury of marine mammals from stocks for which the level of incidental mortality

Page 45 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
and serious injury is uncertain.
(5) The Secretary may establish an alternative observer program to provide statistically reliable
information on the species and number of marine mammals incidentally taken in the course of commercial
fishing operations. The alternative observer program may include direct observation of fishing activities
from vessels, airplanes, or points on shore.
(6) The Secretary is not required to place an observer on a vessel in a fishery if the Secretary finds that—
(A) in a situation in which harvesting vessels are delivering fish to a processing vessel and the catch
is not taken on board the harvesting vessel, statistically reliable information can be obtained from an
observer on board the processing vessel to which the fish are delivered;
(B) the facilities on a vessel for quartering of an observer, or for carrying out observer functions, are
so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel
would be jeopardized; or
(C) for reasons beyond the control of the Secretary, an observer is not available.
(7) The Secretary may, with the consent of the vessel owner, station an observer on board a vessel
engaged in a fishery not listed under subsection (c)(1)(A)(i) or (ii) of this section.
(8) Any proprietary information collected under this subsection shall be confidential and shall not be
disclosed except—
(A) to Federal employees whose duties require access to such information;
(B) to State or tribal employees pursuant to an agreement with the Secretary that prevents public
disclosure of the identity or business of any person;
(C) when required by court order; or
(D) in the case of scientific information involving fisheries, to employees of Regional Fishery
Management Councils who are responsible for fishery management plan development and monitoring.
(9) The Secretary shall prescribe such procedures as may be necessary to preserve such confidentiality,
except that the Secretary shall release or make public upon request any such information in aggregate,
summary, or other form which does not directly or indirectly disclose the identity or business of any
person.
(e) Reporting requirement
The owner or operator of a commercial fishing vessel subject to this chapter shall report all incidental
mortality and injury of marine mammals in the course of commercial fishing operations to the Secretary by
mail or other means acceptable to the Secretary within 48 hours after the end of each fishing trip on a
standard postage-paid form to be developed by the Secretary under this section. Such form shall be capable
of being readily entered into and usable by an automated or computerized data processing system and shall
require the vessel owner or operator to provide the following:
(1) The vessel name, and Federal, State, or tribal registration numbers of the registered vessel.
(2) The name and address of the vessel owner or operator.
(3) The name and description of the fishery.
(4) The species of each marine mammal incidentally killed or injured, and the date, time, and
approximate geographic location of such occurrence.
(f) Take reduction plans
(1) The Secretary shall develop and implement a take reduction plan designed to assist in the recovery or
prevent the depletion of each strategic stock which interacts with a commercial fishery listed under
subsection (c)(1)(A)(i) or (ii) of this section, and may develop and implement such a plan for any other
marine mammal stocks which interact with a commercial fishery listed under subsection (c)(1)(A)(i) of
this section which the Secretary determines, after notice and opportunity for public comment, has a high
level of mortality and serious injury across a number of such marine mammal stocks.
(2) The immediate goal of a take reduction plan for a strategic stock shall be to reduce, within 6 months
of its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in
the course of commercial fishing operations to levels less than the potential biological removal level
established for that stock under section 1386 of this title. The long-term goal of the plan shall be to
reduce, within 5 years of its implementation, the incidental mortality or serious injury of marine mammals
incidentally taken in the course of commercial fishing operations to insignificant levels approaching a zero
mortality and serious injury rate, taking into account the economics of the fishery, the availability of

Page 46 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
existing technology, and existing State or regional fishery management plans.
(3) If there is insufficient funding available to develop and implement a take reduction plan for all such
stocks that interact with commercial fisheries listed under subsection (c)(1)(A)(i) or (ii) of this section, the
Secretary shall give highest priority to the development and implementation of take reduction plans for
species or stocks whose level of incidental mortality and serious injury exceeds the potential biological
removal level, those that have a small population size, and those which are declining most rapidly.
(4) Each take reduction plan shall include—
(A) a review of the information in the final stock assessment published under section 1386 (b) of this
title and any substantial new information;
(B) an estimate of the total number and, if possible, age and gender, of animals from the stock that
are being incidentally lethally taken or seriously injured each year during the course of commercial
fishing operations, by fishery;
(C) recommended regulatory or voluntary measures for the reduction of incidental mortality and
serious injury;
(D) recommended dates for achieving the specific objectives of the plan.
(5)
(A) For any stock in which incidental mortality and serious injury from commercial fisheries exceeds
the potential biological removal level established under section 1386 of this title, the plan shall include
measures the Secretary expects will reduce, within 6 months of the plan’s implementation, such
mortality and serious injury to a level below the potential biological removal level.
(B) For any stock in which human-caused mortality and serious injury exceeds the potential biological
removal level, other than a stock to which subparagraph (A) applies, the plan shall include measures
the Secretary expects will reduce, to the maximum extent practicable within 6 months of the plan’s
implementation, the incidental mortality and serious injury by such commercial fisheries from that
stock. For purposes of this subparagraph, the term “maximum extent practicable” means to the lowest
level that is feasible for such fisheries within the 6-month period.
(6)
(A) At the earliest possible time (not later than 30 days) after the Secretary issues a final stock
assessment under section 1386 (b) of this title for a strategic stock, the Secretary shall, and for stocks
that interact with a fishery listed under subsection (c)(1)(A)(i) of this section for which the Secretary
has made a determination under paragraph (1), the Secretary may—
(i) establish a take reduction team for such stock and appoint the members of such team in
accordance with subparagraph (C); and
(ii) publish in the Federal Register a notice of the team’s establishment, the names of the
team’s appointed members, the full geographic range of such stock, and a list of all
commercial fisheries that cause incidental mortality and serious injury of marine mammals
from such stock.
(B) The Secretary may request a take reduction team to address a stock that extends over one or
more regions or fisheries, or multiple stocks within a region or fishery, if the Secretary determines
that doing so would facilitate the development and implementation of plans required under this
subsection.
(C) Members of take reduction teams shall have expertise regarding the conservation or biology of
the marine mammal species which the take reduction plan will address, or the fishing practices which
result in the incidental mortality and serious injury of such species. Members shall include
representatives of Federal agencies, each coastal State which has fisheries which interact with the
species or stock, appropriate Regional Fishery Management Councils, interstate fisheries commissions,
academic and scientific organizations, environmental groups, all commercial and recreational fisheries
groups and gear types which incidentally take the species or stock, Alaska Native organizations or
Indian tribal organizations, and others as the Secretary deems appropriate. Take reduction teams
shall, to the maximum extent practicable, consist of an equitable balance among representatives of
resource user interests and nonuser interests.
(D) Take reduction teams shall not be subject to the Federal Advisory Committee Act (5 App. U.S.C.).
Meetings of take reduction teams shall be open to the public, and prior notice of meetings shall be

Page 47 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
made public in a timely fashion.
(E) Members of take reduction teams shall serve without compensation, but may be reimbursed by
the Secretary, upon request, for reasonable travel costs and expenses incurred in performing their
duties as members of the team.
(7) Where the human-caused mortality and serious injury from a strategic stock is estimated to be equal
to or greater than the potential biological removal level established under section 1386 of this title for
such stock and such stock interacts with a fishery listed under subsection (c)(1)(A)(i) or (ii) of this
section, the following procedures shall apply in the development of the take reduction plan for the stock:
(A)
(i) Not later than 6 months after the date of establishment of a take reduction team for the
stock, the team shall submit a draft take reduction plan for such stock to the Secretary,
consistent with the other provisions of this section.
(ii) Such draft take reduction plan shall be developed by consensus. In the event consensus
cannot be reached, the team shall advise the Secretary in writing on the range of possibilities
considered by the team, and the views of both the majority and minority.
(B)
(i) The Secretary shall take the draft take reduction plan into consideration and, not later than
60 days after the submission of the draft plan by the team, the Secretary shall publish in the
Federal Register the plan proposed by the team, any changes proposed by the Secretary with
an explanation of the reasons therefor, and proposed regulations to implement such plan, for
public review and comment during a period of not to exceed 90 days.
(ii) In the event that the take reduction team does not submit a draft plan to the Secretary
within 6 months, the Secretary shall, not later than 8 months after the establishment of the
team, publish in the Federal Register a proposed take reduction plan and implementing
regulations, for public review and comment during a period of not to exceed 90 days.
(C) Not later than 60 days after the close of the comment period required under subparagraph (B),
the Secretary shall issue a final take reduction plan and implementing regulations, consistent with the
other provisions of this section.
(D) The Secretary shall, during a period of 30 days after publication of a final take reduction plan,
utilize newspapers of general circulation, fishery trade associations, electronic media, and other means
of advising commercial fishermen of the requirements of the plan and how to comply with them.
(E) The Secretary and the take reduction team shall meet every 6 months, or at such other intervals
as the Secretary determines are necessary, to monitor the implementation of the final take reduction
plan until such time that the Secretary determines that the objectives of such plan have been met.
(F) The Secretary shall amend the take reduction plan and implementing regulations as necessary to
meet the requirements of this section, in accordance with the procedures in this section for the
issuance of such plans and regulations.
(8) Where the human-caused mortality and serious injury from a strategic stock is estimated to be less
than the potential biological removal level established under section 1386 of this title for such stock and
such stock interacts with a fishery listed under subsection (c)(1)(A)(i) or (ii) of this section, or for any
marine mammal stocks which interact with a commercial fishery listed under subsection (c)(1)(A)(i) of
this section for which the Secretary has made a determination under paragraph (1), the following
procedures shall apply in the development of the take reduction plan for such stock:
(A)
(i) Not later than 11 months after the date of establishment of a take reduction team for the
stock, the team shall submit a draft take reduction plan for the stock to the Secretary,
consistent with the other provisions of this section.
(ii) Such draft take reduction plan shall be developed by consensus. In the event consensus
cannot be reached, the team shall advise the Secretary in writing on the range of possibilities
considered by the team, and the views of both the majority and minority.
(B)
(i) The Secretary shall take the draft take reduction plan into consideration and, not later than
60 days after the submission of the draft plan by the team, the Secretary shall publish in the

Page 48 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
Federal Register the plan proposed by the team, any changes proposed by the Secretary with
an explanation of the reasons therefor, and proposed regulations to implement such plan, for
public review and comment during a period of not to exceed 90 days.
(ii) In the event that the take reduction team does not submit a draft plan to the Secretary
within 11 months, the Secretary shall, not later than 13 months after the establishment of the
team, publish in the Federal Register a proposed take reduction plan and implementing
regulations, for public review and comment during a period of not to exceed 90 days.
(C) Not later than 60 days after the close of the comment period required under subparagraph (B),
the Secretary shall issue a final take reduction plan and implementing regulations, consistent with the
other provisions of this section.
(D) The Secretary shall, during a period of 30 days after publication of a final take reduction plan,
utilize newspapers of general circulation, fishery trade associations, electronic media, and other means
of advising commercial fishermen of the requirements of the plan and how to comply with them.
(E) The Secretary and the take reduction team shall meet on an annual basis, or at such other
intervals as the Secretary determines are necessary, to monitor the implementation of the final take
reduction plan until such time that the Secretary determines that the objectives of such plan have
been met.
(F) The Secretary shall amend the take reduction plan and implementing regulations as necessary to
meet the requirements of this section, in accordance with the procedures in this section for the
issuance of such plans and regulations.
(9) In implementing a take reduction plan developed pursuant to this subsection, the Secretary may,
where necessary to implement a take reduction plan to protect or restore a marine mammal stock or
species covered by such plan, promulgate regulations which include, but are not limited to, measures to—
(A) establish fishery-specific limits on incidental mortality and serious injury of marine mammals in
commercial fisheries or restrict commercial fisheries by time or area;
(B) require the use of alternative commercial fishing gear or techniques and new technologies,
encourage the development of such gear or technology, or convene expert skippers’ panels;
(C) educate commercial fishermen, through workshops and other means, on the importance of
reducing the incidental mortality and serious injury of marine mammals in affected commercial
fisheries; and
(D) monitor, in accordance with subsection (d) of this section, the effectiveness of measures taken to
reduce the level of incidental mortality and serious injury of marine mammals in the course of
commercial fishing operations.
(10)
(A) Notwithstanding paragraph (6), in the case of any stock to which paragraph (1) applies for which
a final stock assessment has not been published under section 1386 (b)(3) of this title by April 1,
1995, due to a proceeding under section 1386 (b)(2) of this title, or any Federal court review of such
proceeding, the Secretary shall establish a take reduction team under paragraph (6) for such stock as
if a final stock assessment had been published.
(B) The draft stock assessment published for such stock under section 1386 (b)(1) of this title shall
be deemed the final stock assessment for purposes of preparing and implementing a take reduction
plan for such stock under this section.
(C) Upon publication of a final stock assessment for such stock under section 1386 (b)(3) of this title
the Secretary shall immediately reconvene the take reduction team for such stock for the purpose of
amending the take reduction plan, and any regulations issued to implement such plan, if necessary, to
reflect the final stock assessment or court action. Such amendments shall be made in accordance with
paragraph (7)(F) or (8)(F), as appropriate.
(D) A draft stock assessment may only be used as the basis for a take reduction plan under this
paragraph for a period of not to exceed two years, or until a final stock assessment is published,
whichever is earlier. If, at the end of the two-year period, a final stock assessment has not been
published, the Secretary shall categorize such stock under section 1386 (a)(5)(A) of this title and shall
revoke any regulations to implement a take reduction plan for such stock.
(E) Subparagraph (D) shall not apply for any period beyond two years during which a final stock

Page 49 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
assessment for such stock has not been published due to review of a proceeding on such stock
assessment by a Federal court. Immediately upon final action by such court, the Secretary shall
proceed under subparagraph (C).
(11) Take reduction plans developed under this section for a species or stock listed as a threatened
species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall
be consistent with any recovery plan developed for such species or stock under section 4 of such Act [16
U.S.C. 1533].
(g) Emergency regulations
(1) If the Secretary finds that the incidental mortality and serious injury of marine mammals from
commercial fisheries is having, or is likely to have, an immediate and significant adverse impact on a stock
or species, the Secretary shall take actions as follows:
(A) In the case of a stock or species for which a take reduction plan is in effect, the Secretary shall—
(i) prescribe emergency regulations that, consistent with such plan to the maximum extent
practicable, reduce incidental mortality and serious injury in that fishery; and
(ii) approve and implement, on an expedited basis, any amendments to such plan that are
recommended by the take reduction team to address such adverse impact.
(B) In the case of a stock or species for which a take reduction plan is being developed, the Secretary
shall—
(i) prescribe emergency regulations to reduce such incidental mortality and serious injury in
that fishery; and
(ii) approve and implement, on an expedited basis, such plan, which shall provide methods to
address such adverse impact if still necessary.
(C) In the case of a stock or species for which a take reduction plan does not exist and is not being
developed, or in the case of a commercial fishery listed under subsection (c)(1)(A)(iii) of this section
which the Secretary believes may be contributing to such adverse impact, the Secretary shall—
(i) prescribe emergency regulations to reduce such incidental mortality and serious injury in
that fishery, to the extent necessary to mitigate such adverse impact;
(ii) immediately review the stock assessment for such stock or species and the classification
of such commercial fishery under this section to determine if a take reduction team should be
established; and
(iii) may, where necessary to address such adverse impact on a species or stock listed as a
threatened species or endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), place observers on vessels in a commercial fishery listed under
subsection (c)(1)(A)(iii) of this section, if the Secretary has reason to believe such vessels
may be causing the incidental mortality and serious injury to marine mammals from such
stock.
(2) Prior to taking action under paragraph (1)(A), (B), or (C), the Secretary shall consult with the Marine
Mammal Commission, all appropriate Regional Fishery Management Councils, State fishery managers, and
the appropriate take reduction team (if established).
(3) Emergency regulations prescribed under this subsection—
(A) shall be published in the Federal Register, together with an explanation thereof;
(B) shall remain in effect for not more than 180 days or until the end of the applicable commercial
fishing season, whichever is earlier; and
(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a
notice of termination, if the Secretary determines that the reasons for emergency regulations no
longer exist.
(4) If the Secretary finds that incidental mortality and serious injury of marine mammals in a commercial
fishery is continuing to have an immediate and significant adverse impact on a stock or species, the
Secretary may extend the emergency regulations for an additional period of not more than 90 days or
until reasons for the emergency no longer exist, whichever is earlier.
(h) Penalties
Except as provided in subsection (c) of this section, any person who violates this section shall be subject to
the provisions of sections 1375 and 1377 of this title, and may be subject to section 1376 of this title as the

Page 50 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
Secretary shall establish by regulations.
(i) Assistance
The Secretary shall provide assistance to Regional Fishery Management Councils, States, interstate fishery
commissions, and Indian tribal organizations in meeting the goal of reducing incidental mortality and serious
injury to insignificant levels approaching a zero mortality and serious injury rate.
(j) Contributions
For purposes of carrying out this section, the Secretary may accept, solicit, receive, hold, administer, and use
gifts, devises, and bequests.
(k) Consultation with Secretary of the Interior
The Secretary shall consult with the Secretary of the Interior prior to taking actions or making determinations
under this section that affect or relate to species or population stocks of marine mammals for which the
Secretary of the Interior is responsible under this subchapter.
(l) Definitions
As used in this section and section 1371 (a)(5)(E) of this title, each of the terms “fishery” and “vessel of the
United States” has the same meaning it does in section 1802 of this title.
§ 1388. Marine mammal cooperative agreements in Alaska
(a) In general
The Secretary may enter into cooperative agreements with Alaska Native organizations to conserve marine
mammals and provide co-management of subsistence use by Alaska Natives.
(b) Grants
Agreements entered into under this section may include grants to Alaska Native organizations for, among
other purposes—
(1) collecting and analyzing data on marine mammal populations;
(2) monitoring the harvest of marine mammals for subsistence use;
(3) participating in marine mammal research conducted by the Federal Government, States, academic
institutions, and private organizations; and
(4) developing marine mammal co-management structures with Federal and State agencies.
(c) Effect of jurisdiction
Nothing in this section is intended or shall be construed—
(1) as authorizing any expansion or change in the respective jurisdiction of Federal, State, or tribal
governments over fish and wildlife resources; or
(2) as altering in any respect the existing political or legal status of Alaska Natives, or the governmental
or jurisdictional status of Alaska Native communities or Alaska Native entities.
(d) Authorization of appropriations
There are authorized to be appropriated for the purposes of carrying out this section—
(1) $1,500,000 to the Secretary of Commerce for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
and 1999; and
(2) $1,000,000 to the Secretary of the Interior for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
and 1999.
The amounts authorized to be appropriated under this subsection are in addition to the amounts authorized to
be appropriated under section 1384 of this title.
§ 1389. Pacific Coast Task Force; Gulf of Maine
(a) Pinniped removal authority
Notwithstanding any other provision of this subchapter, the Secretary may permit the intentional lethal taking
of pinnipeds in accordance with this section.
(b) Application
(1) A State may apply to the Secretary to authorize the intentional lethal taking of individually identifiable

Page 51 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
pinnipeds which are having a significant negative impact on the decline or recovery of salmonid fishery
stocks which—
(A) have been listed as threatened species or endangered species under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
(B) the Secretary finds are approaching threatened species or endangered species status (as those
terms are defined in that Act); or
(C) migrate through the Ballard Locks at Seattle, Washington.
(2) Any such application shall include a means of identifying the individual pinniped or pinnipeds, and
shall include a detailed description of the problem interaction and expected benefits of the taking.
(c) Actions in response to application
(1) Within 15 days of receiving an application, the Secretary shall determine whether the application has
produced sufficient evidence to warrant establishing a Pinniped-Fishery Interaction Task Force to address
the situation described in the application. If the Secretary determines sufficient evidence has been
provided, the Secretary shall establish a Pinniped-Fishery Interaction Task Force and publish a notice in
the Federal Register requesting public comment on the application.
(2) A Pinniped-Fishery Interaction Task Force established under paragraph (1) shall consist of designated
employees of the Department of Commerce, scientists who are knowledgeable about the pinniped
interaction that the application addresses, representatives of affected conservation and fishing community
organizations, Indian Treaty tribes, the States, and such other organizations as the Secretary deems
appropriate.
(3) Within 60 days after establishment, and after reviewing public comments in response to the Federal
Register notice under paragraph (1), the Pinniped-Fishery Interaction Task Force shall—
(A) recommend to the Secretary whether to approve or deny the proposed intentional lethal taking of
the pinniped or pinnipeds, including along with the recommendation a description of the specific
pinniped individual or individuals, the proposed location, time, and method of such taking, criteria for
evaluating the success of the action, and the duration of the intentional lethal taking authority; and
(B) suggest nonlethal alternatives, if available and practicable, including a recommended course of
action.
(4) Within 30 days after receipt of recommendations from the Pinniped-Fishery Interaction Task Force,
the Secretary shall either approve or deny the application. If such application is approved, the Secretary
shall immediately take steps to implement the intentional lethal taking, which shall be performed by
Federal or State agencies, or qualified individuals under contract to such agencies.
(5) After implementation of an approved application, the Pinniped-Fishery Interaction Task Force shall
evaluate the effectiveness of the permitted intentional lethal taking or alternative actions implemented. If
implementation was ineffective in eliminating the problem interaction, the Task Force shall recommend
additional actions. If the implementation was effective, the Task Force shall so advise the Secretary, and
the Secretary shall disband the Task Force.
(d) Considerations
In considering whether an application should be approved or denied, the Pinniped-Fishery Interaction Task
Force and the Secretary shall consider—
(1) population trends, feeding habits, the location of the pinniped interaction, how and when the
interaction occurs, and how many individual pinnipeds are involved;
(2) past efforts to nonlethally deter such pinnipeds, and whether the applicant has demonstrated that no
feasible and prudent alternatives exist and that the applicant has taken all reasonable nonlethal steps
without success;
(3) the extent to which such pinnipeds are causing undue injury or impact to, or imbalance with, other
species in the ecosystem, including fish populations; and
(4) the extent to which such pinnipeds are exhibiting behavior that presents an ongoing threat to public
safety.
(e) Limitation
The Secretary shall not approve the intentional lethal taking of any pinniped from a species or stock that is—
(1) listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);

Page 52 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
(2) depleted under this chapter; or
(3) a strategic stock.
(f) California sea lions and Pacific harbor seals; investigation and report
(1) The Secretary shall engage in a scientific investigation to determine whether California sea lions and
Pacific harbor seals—
(A) are having a significant negative impact on the recovery of salmonid fishery stocks which have
been listed as endangered species or threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), or which the Secretary finds are approaching such endangered species or
threatened species status; or
(B) are having broader impacts on the coastal ecosystems of Washington, Oregon, and California.
The Secretary shall conclude this investigation and prepare a report on its results no later than October 1,
1995.
(2) Upon completion of the scientific investigation required under paragraph (1), the Secretary shall enter
into discussions with the Pacific States Marine Fisheries Commission, on behalf of the States of
Washington, Oregon, and California, for the purpose of addressing any issues or problems identified as a
result of the scientific investigation, and to develop recommendations to address such issues or problems.
Any recommendations resulting from such discussions shall be submitted, along with the report, to the
Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(3) The Secretary shall make the report and the recommendations submitted under paragraph (2)
available to the public for review and comment for a period of 90 days.
(4) There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the
provisions of this subsection.
(5) The amounts appropriated under section 4107 (c) of this title and allocated to the Pacific States
Marine Fisheries Commission may be used by the Commission to participate in discussions with the
Secretary under paragraph (2).
(g) Regionwide pinniped-fishery interaction study
(1) The Secretary may conduct a study, of not less than three high predation areas in anadromous fish
migration corridors within the Northwest Region of the National Marine Fisheries Service, on the
interaction between fish and pinnipeds. In conducting the study, the Secretary shall consult with other
State and Federal agencies with expertise in pinniped-fishery interaction. The study shall evaluate—
(A) fish behavior in the presence of predators generally;
(B) holding times and passage rates of anadromous fish stocks in areas where such fish are
vulnerable to predation;
(C) whether additional facilities exist, or could be reasonably developed, that could improve
escapement for anadromous fish; and
(D) other issues the Secretary considers relevant.
(2) Subject to the availability of appropriations, the Secretary may, not later than 18 months after the
commencement of the study under this subsection, transmit a report on the results of the study to the
Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives.
(3) The study conducted under this subsection may not be used by the Secretary as a reason for delaying
or deferring a determination or consideration under subsection (c) or (d) of this section.
(h) Gulf of Maine Task Force
The Secretary shall establish a Pinniped-Fishery Interaction Task Force to advise the Secretary on issues or
problems regarding pinnipeds interacting in a dangerous or damaging manner with aquaculture resources in
the Gulf of Maine. No later than 2 years from April 30, 1994, the Secretary shall after notice and opportunity
for public comment submit to the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report
containing recommended available alternatives to mitigate such interactions.
(i) Requirements applicable to task forces
(1) Any task force established under this section—
(A) shall to the maximum extent practicable, consist of an equitable balance among representatives

Page 53 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
of resource user interests and nonuser interests; and
(B) shall not be subject to the Federal Advisory Committee Act (5 App. U.S.C.).
(2) Meetings of any task force established under this section shall be open to the public, and prior notice
of those meetings shall be given to the public by the task force in a timely fashion.
(j) Gulf of Maine harbor porpoise
(1) Nothing in section 1386 of this title shall prevent the Secretary from publishing a stock assessment for
Gulf of Maine harbor porpoise in an expedited fashion.
(2) In developing and implementing a take reduction plan under section 1387 of this title for Gulf of
Maine harbor porpoise, the Secretary shall consider all actions already taken to reduce incidental mortality
and serious injury of such stock, and may, based on the recommendations of the take reduction team for
such stock, modify the time period required for compliance with section 1387 (f)(5)(A) of this title, but in
no case may such modification extend the date of compliance beyond April 1, 1997.
§ 1401. Establishment
(a) Designation
There is hereby established the Marine Mammal Commission (hereafter referred to in this subchapter as the
“Commission”).
(b) Membership and term of office
(1) Effective September 1, 1982, the Commission shall be composed of three members who shall be
appointed by the President, by and with the advice and consent of the Senate. The President shall make
his selection from a list of individuals knowledgeable in the fields of marine ecology and resource
management, and who are not in a position to profit from the taking of marine mammals. Such list shall
be submitted to him by the Chairman of the Council on Environmental Quality and unanimously agreed to
by that Chairman, the Secretary of the Smithsonian Institution, the Director of the National Science
Foundation and the Chairman of the National Academy of Sciences. No member of the Commission may,
during his period of service on the Commission, hold any other position as an officer or employee of the
United States except as a retired officer or retired civilian employee of the United States.
(2) The term of office for each member shall be three years; except that of the members initially
appointed to the Commission, the term of one member shall be for one year, the term of one member
shall be for two years, and the term of one member shall be for three years. No member is eligible for
reappointment; except that any member appointed to fill a vacancy occurring before the expiration of the
term for which his predecessor was appointed
(A) shall be appointed for the remainder of such term, and
(B) is eligible for reappointment for one full term. A member may serve after the expiration of his
term until his successor has taken office.
(c) Chairman
The President shall designate a Chairman of the Commission (hereafter referred to in this subchapter as the
“Chairman”) from among its members.
(d) Compensation; reimbursement for travel expenses
Members of the Commission shall each be compensated at a rate equal to the daily equivalent of the rate for
GS–18 of the General Schedule under section 5332 of title 5, for each day such member is engaged in the
actual performance of duties vested in the Commission. Each member shall be reimbursed for travel
expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in
Government service employed intermittently.
(e) Executive Director
The Commission shall have an Executive Director, who shall be appointed (without regard to the provisions of
title 5 governing appointments in the competitive service) by the Chairman with the approval of the
Commission and shall be paid at a rate not in excess of the rate for GS–18 of the General Schedule under
section 5332 of title 5. The Executive Director shall have such duties as the Chairman may assign.

Page 54 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
§ 1402. Duties of Commission
(a) Reports and recommendations
The Commission shall—
(1) undertake a review and study of the activities of the United States pursuant to existing laws and
international conventions relating to marine mammals, including, but not limited to, the International
Convention for the Regulation of Whaling, the Whaling Convention Act of 1949 [16 U.S.C. 916 et seq.],
the Interim Convention on the Conservation of North Pacific Fur Seals, and the Fur Seal Act of 1966 [16
U.S.C. 1151 et seq.];
(2) conduct a continuing review of the condition of the stocks of marine mammals, of methods for their
protection and conservation, of humane means of taking marine mammals, of research programs
conducted or proposed to be conducted under the authority of this chapter, and of all applications for
permits for scientific research, public display, or enhancing the survival or recovery of a species or stock;
(3) undertake or cause to be undertaken such other studies as it deems necessary or desirable in
connection with its assigned duties as to the protection and conservation of marine mammals;
(4) recommend to the Secretary and to other Federal officials such steps as it deems necessary or
desirable for the protection and conservation of marine mammals;
(5) recommend to the Secretary of State appropriate policies regarding existing international
arrangements for the protection and conservation of marine mammals, and suggest appropriate
international arrangements for the protection and conservation of marine mammals;
(6) recommend to the Secretary such revisions of the endangered species list and threatened species list
published pursuant to section 1533 (c)(1) of this title, as may be appropriate with regard to marine
mammals; and
(7) recommend to the Secretary, other appropriate Federal officials, and Congress such additional
measures as it deems necessary or desirable to further the policies of this chapter, including provisions for
the protection of the Indians, Eskimos, and Aleuts whose livelihood may be adversely affected by actions
taken pursuant to this chapter.
(b) Consultation with Secretary; reports to Secretary before publication
The Commission shall consult with the Secretary at such intervals as it or he may deem desirable, and shall
provide each annual report required under section 1404 [1] of this title, before submission to Congress, to the
Secretary for comment.
(c) Availability of reports for public inspection
The reports and recommendations which the Commission makes shall be matters of public record and shall be
available to the public at all reasonable times. All other activities of the Commission shall be matters of public
record and available to the public in accordance with the provisions of section 552 of title 5.
(d) Recommendations; explanation for nonadoption
Any recommendations made by the Commission to the Secretary and other Federal officials shall be
responded to by those individuals within one hundred and twenty days after receipt thereof. Any
recommendations which are not followed or adopted shall be referred to the Commission together with a
detailed explanation of the reasons why those recommendations were not followed or adopted.
§ 1403. Committee of Scientific Advisors on Marine Mammals
(a) Establishment; membership
The Commission shall establish, within ninety days after its establishment, a Committee of Scientific Advisors
on Marine Mammals (hereafter referred to in this subchapter as the “Committee”). Such Committee shall
consist of nine scientists knowledgeable in marine ecology and marine mammal affairs appointed by the
Chairman after consultation with the Chairman of the Council on Environmental Quality, the Secretary of the
Smithsonian Institution, the Director of the National Science Foundation, and the Chairman of the National
Academy of Sciences.
(b) Compensation; reimbursement for travel expenses

Page 55 of 56

U.S. Fish and Wildlife Service

Office of Law Enforcement

16 USC 1361-1407
Marine Mammal Protection Act
Except for United States Government employees, members of the Committee shall each be compensated at a
rate equal to the daily equivalent of the rate for GS–18 of the General Schedule under section 5332 of title 5,
for each day such member is engaged in the actual performance of duties vested in the Committee. Each
member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by
section 5703 of title 5 for persons in Government service employed intermittently.
(c) Consultation with Commission on studies and recommendations; explanation for nonadoption
The Commission shall consult with the Committee on all studies and recommendations which it may propose
to make or has made, on research programs conducted or proposed to be conducted under the authority of
this chapter, and on all applications for permits for scientific research. Any recommendations made by the
Committee or any of its members which are not adopted by the Commission shall be transmitted by the
Commission to the appropriate Federal agency and to the appropriate committees of Congress with a detailed
explanation of the Commission’s reasons for not accepting such recommendations.
§ 1404. Omitted
§ 1405. Coordination with other Federal agencies
The Commission shall have access to all studies and data compiled by Federal agencies regarding marine
mammals. With the consent of the appropriate Secretary or Agency head, the Commission may also utilize the
facilities or services of any Federal agency and shall take every feasible step to avoid duplication of research
and to carry out the purposes of this chapter.
§ 1406. Administration
The Commission, in carrying out its responsibilities under this subchapter, may—
(1) employ and fix the compensation of such personnel;
(2) acquire, furnish, and equip such office space;
(3) enter into such contracts or agreements with, or provide such grants to, other organizations, both
public and private;
(4) procure the services of such experts or consultants or an organization thereof as is authorized under
section 3109 of title 5 (but at rates for individuals not to exceed $100 per diem); and
(5) incur such necessary expenses and exercise such other powers, as are consistent with and reasonably
required to perform its functions under this subchapter; except that no fewer than 11 employees must be
employed under paragraph (1) at any time. Financial and administrative services (including those related
to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the
Commission by the General Services Administration, for which payment shall be made in advance, or by
reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman
and the Administrator of General Services.
§ 1407. Authorization of appropriations
There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out this
subchapter, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000 for fiscal year 1996,
$1,650,000 for fiscal year 1997, $1,700,000 for fiscal year 1998, and $1,750,000 for fiscal year 1999.

Page 56 of 56