MMPA (16 USC 1371, paragraph (b)(2)

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16 U.S.C.
United States Code, 2019 Edition
Title 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1371 - Moratorium on taking and importing marine mammals and marine mammal products
From the U.S. Government Publishing Office, www.gpo.gov

§1371. Moratorium on taking and importing marine mammals and marine
mammal products
(a) Imposition; exceptions
There shall be a moratorium on the taking and importation of marine mammals and marine
mammal products, commencing on the effective date of this chapter, during which time no permit
may be issued for the taking of any marine mammal and no marine mammal or marine mammal
product may be imported into the United States except in the following cases:
(1) Consistent with the provisions of section 1374 of this title, permits may be issued by the
Secretary for taking, and importation for purposes of scientific research, public display,
photography for educational or commercial purposes, or enhancing the survival or recovery of a
species or stock, or for importation of polar bear parts (other than internal organs) taken in sport
hunts in Canada. Such permits, except permits issued under section 1374(c)(5) of this title, may be
issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal
Commission and the Committee of Scientific Advisors on Marine Mammals established under
subchapter III. 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 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—
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(i)(I) the tuna or products therefrom were not banned from importation under this
paragraph before the effective date of section 4 of the International Dolphin Conservation
Program Act; or
(II) the tuna or products therefrom were harvested after the effective date of section 4 of
the International Dolphin Conservation Program Act by vessels of a nation which participates
in the International Dolphin Conservation Program, and such harvesting nation is either a
member of the Inter-American Tropical Tuna Commission or has initiated (and within 6
months thereafter completed) all steps required of applicant nations, in accordance with
article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna
Commission, to become a member of that organization;
(ii) such nation is meeting the obligations of the International Dolphin Conservation
Program and the obligations of membership in the Inter-American Tropical Tuna
Commission, including all financial obligations; and
(iii) the total dolphin mortality limits, and per-stock per-year dolphin mortality limits
permitted for that nation's vessels under the International Dolphin Conservation Program do
not exceed the limits determined for 1997, or for any year thereafter, consistent with the
objective of progressively reducing dolphin mortality to a level approaching zero through the
setting of annual limits and the goal of eliminating dolphin mortality, and requirements of the
International Dolphin Conservation Program;
(C) shall not accept such documentary evidence if—
(i) the government of the harvesting nation does not provide directly or authorize the 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.
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For purposes of subparagraph (F), the term "driftnet" has the meaning given such term in section
4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822
note), except that, until January 1, 1994, the term "driftnet" does not include the use in the
northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in
accordance with regulations adopted by the European Community pursuant to the October 28,
1991, decision by the Council of Fisheries Ministers of the Community.
(3)(A) The Secretary, on the basis of the best scientific evidence available and in consultation
with the Marine Mammal Commission, is authorized and directed, from time to time, having due
regard to the distribution, abundance, breeding habits, and times and lines of migratory
movements of such marine mammals, to determine when, to what extent, if at all, and by what
means, it is compatible with this chapter to waive the requirements of this section so as to allow
taking, or importing of any marine mammal, or any marine mammal product, and to adopt suitable
regulations, issue permits, and make determinations in accordance with sections 1372, 1373, 1374,
and 1381 of this title permitting and governing such taking and importing, in accordance with such
determinations: Provided, however, That the Secretary, in making such determinations must be
assured that the taking of such marine mammal is in accord with sound principles of resource
protection and conservation as provided in the purposes and policies of this chapter: Provided,
further, however, That no marine mammal or no marine mammal product may be imported into
the United States unless the Secretary certifies that the program for taking marine mammals in the
country of origin is consistent with the provisions and policies of this chapter. Products of nations
not so certified may not be imported into the United States for any purpose, including processing
for exportation.
(B) Except for scientific research purposes, photography for educational or commercial
purposes, or enhancing the survival or recovery of a species or stock as provided for in paragraph
(1) of this subsection, or as provided for under paragraph (5) of this subsection, during the
moratorium no permit may be issued for the taking of any marine mammal which has been
designated by the Secretary as depleted, and no importation may be made of any such mammal.
(4)(A) Except as provided in subparagraphs (B) and (C), the provisions of this chapter shall not
apply to the use of measures—
(i) by the owner of fishing gear or catch, or an employee or agent of such owner, to deter a
marine mammal from damaging the gear or catch;
(ii) by the owner of other private property, or an agent, bailee, or employee of such owner, to
deter a marine mammal from damaging private property;
(iii) by any person, to deter a marine mammal from endangering personal safety; or
(iv) by a government employee, to deter a marine mammal from damaging public property,
so long as such measures do not result in the death or serious injury of a marine mammal.
(B) The Secretary shall, through consultation with appropriate experts, and after notice and
opportunity for public comment, publish in the Federal Register a list of guidelines for use in
safely deterring marine mammals. In the case of marine mammals listed as endangered species or
threatened species under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], the
Secretary shall recommend specific measures which may be used to nonlethally deter marine
mammals. Actions to deter marine mammals consistent with such guidelines or specific measures
shall not be a violation of this chapter.
(C) If the Secretary determines, using the best scientific information available, that certain
forms of deterrence have a significant adverse effect on marine mammals, the Secretary may
prohibit such deterrent methods, after notice and opportunity for public comment, through
regulation under this chapter.
(D) The authority to deter marine mammals pursuant to subparagraph (A) applies to all marine
mammals, including all stocks designated as depleted under this chapter.
(5)(A)(i) Except as provided by clause (ii), 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
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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) 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—
(aa) 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
(bb) requirements pertaining to the monitoring and reporting of such taking.
(ii) In the case of a military readiness activity (as defined in section 315(f) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703
note), clause (i) shall be applied—
(I) in the matter preceding clause (I), by substituting "seven consecutive years" for "five
consecutive years"; and
(II) in clause (I), by substituting "seven-year" for "five-year".
(iii) For a military readiness activity (as defined in section 315(f) of Public Law 107–314; 16
U.S.C. 703 note), a determination of "least practicable adverse impact on such species or stock"
under clause (i)(II)(aa) shall include consideration of personnel safety, practicality of
implementation, and impact on the effectiveness of the military readiness activity. Before making
the required determination, the Secretary shall consult with the Department of Defense regarding
personnel safety, practicality of implementation, and impact on the effectiveness of the military
readiness activity.
(iv) Notwithstanding clause (i), for any authorization affecting a military readiness activity (as
defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary shall publish
the notice required by such clause only in the Federal Register.
(B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class
basis, as appropriate) the permission to take marine mammals under subparagraph (A) pursuant to
a specified activity within a specified geographical region if the Secretary finds, after notice and
opportunity for public comment (as required under subparagraph (A) unless subparagraph (C)(i)
applies), that—
(i) the regulations prescribed under subparagraph (A) regarding methods of taking,
monitoring, or reporting are not being substantially complied with by a person engaging in such
activity; or
(ii) the taking allowed under subparagraph (A) pursuant to one or more activities within one
or more regions is having, or may have, more than a negligible impact on the species or stock
concerned.
(C)(i) The requirement for notice and opportunity for public comment in subparagraph (B) shall
not apply in the case of a suspension of permission to take if the Secretary determines that an
emergency exists which poses a significant risk to the well-being of the species or stock
concerned.
(ii) Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under
the authority of this paragraph.
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(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), 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) 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) 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) or section 1379(f) of this title or
pursuant to a cooperative agreement under section 1388 of this title.
(iii) The Secretary shall publish a proposed authorization not later than 45 days after receiving
an application under this subparagraph and request public comment through notice in the Federal
Register, newspapers of general circulation, and appropriate electronic media and to all locally
affected communities for a period of 30 days after publication. Not later than 45 days after the
close of the public comment period, if the Secretary makes the findings set forth in clause (i), the
Secretary shall issue an authorization with appropriate conditions to meet the requirements of
clause (ii).
(iv) The Secretary shall modify, suspend, or revoke an authorization if the Secretary finds that
the provisions of clauses (i) or (ii) are not being met.
(v) A person conducting an activity for which an authorization has been granted under this
subparagraph shall not be subject to the penalties of this chapter for taking by harassment that
occurs in compliance with such authorization.
(vi) For a military readiness activity (as defined in section 315(f) of Public Law 107–314; 16
U.S.C. 703 note), a determination of "least practicable adverse impact on such species or stock"
under clause (i)(I) 1 shall include consideration of personnel safety, practicality of implementation,
and impact on the effectiveness of the military readiness activity. Before making the required
determination, the Secretary shall consult with the Department of Defense regarding personnel
safety, practicality of implementation, and impact on the effectiveness of the military readiness
activity.
(vii) Notwithstanding clause (iii), for any authorization affecting a military readiness activity (as
defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary shall publish
the notice required by such clause only in the Federal Register.
(E)(i) During any period of up to 3 consecutive years, the Secretary shall allow the incidental,
but not the intentional, taking by persons using vessels of the United States or vessels which have
valid fishing permits issued by the Secretary in accordance with section 1824(b) of this title, while
engaging in commercial fishing operations, of marine mammals from a species or stock designated
as depleted because of its listing as an endangered species or threatened species under the
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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).
(F) Notwithstanding the provisions of this subsection, any authorization affecting a military
readiness activity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note) shall
not be subject to the following requirements:
(i) In subparagraph (A), "within a specified geographical region" and "within that region of
small numbers".
(ii) In subparagraph (B), "within a specified geographical region" and "within one or more
regions".
(iii) In subparagraph (D), "within a specific geographic region", "of small numbers", and
"within that region".
(6)(A) A marine mammal product may be imported into the United States if the product—
(i) was legally possessed and exported by any citizen of the United States in conjunction with
travel outside the United States, provided that the product is imported into the United States by
the same person upon the termination of travel;
(ii) was acquired outside of the United States as part of a cultural exchange by an Indian,
Aleut, or Eskimo residing in Alaska; or
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(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) 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;
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(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.
(f) Exemption of actions necessary for national defense
(1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of
the Interior, or both, as appropriate, may exempt any action or category of actions undertaken by the
Department of Defense or its components from compliance with any requirement of this chapter, if
the Secretary determines that it is necessary for national defense.
(2) An exemption granted under this subsection—
(A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of
Defense; and
(B) shall not be effective for more than 2 years.
(3)(A) The Secretary of Defense may issue additional exemptions under this subsection for the
same action or category of actions, after—
(i) conferring with the Secretary of Commerce, the Secretary of the Interior, or both as
appropriate; and
(ii) making a new determination that the additional exemption is necessary for national defense.
(B) Each additional exemption under this paragraph shall be effective for a period specified by the
Secretary of Defense, of not more than 2 years.
(4) Not later than 30 days after issuing an exemption under paragraph (1) or an additional
exemption under paragraph (3), the Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on Armed Services of the Senate notice
describing the exemption and the reasons therefor. The notice may be provided in classified form if
the Secretary of Defense determines that use of the classified form is necessary for reasons of
national security.
(Pub. L. 92–522, title I, §101, Oct. 21, 1972, 86 Stat. 1029; Pub. L. 93–205, §13(e)(2), Dec. 28,
1973, 87 Stat. 903; Pub. L. 97–58, §2, Oct. 9, 1981, 95 Stat. 979; Pub. L. 98–364, title I, §101, July
17, 1984, 98 Stat. 440; Pub. L. 99–659, title IV, §411(a), Nov. 14, 1986, 100 Stat. 3741; Pub. L. 100–
711, §§4(a), 5(c), (e)(1), Nov. 23, 1988, 102 Stat. 4765, 4769, 4771; Pub. L. 101–627, title IX,
§901(g), Nov. 28, 1990, 104 Stat. 4467; Pub. L. 102–582, title I, §103, title IV, §401(b), Nov. 2,
1992, 106 Stat. 4903, 4909; Pub. L. 103–238, §4, Apr. 30, 1994, 108 Stat. 532; Pub. L. 104–208, div.
A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–18, title II,
§2003, June 12, 1997, 111 Stat. 174; Pub. L. 105–42, §4(a)–(c), Aug. 15, 1997, 111 Stat. 1123, 1124;
Pub. L. 108–136, div. A, title III, §319(b), (c), Nov. 24, 2003, 117 Stat. 1434; Pub. L. 115–232, div.
A, title III, §316, Aug. 13, 2018, 132 Stat. 1714.)
References in Text
The effective date of this chapter, referred to in subsec. (a), means the effective date of Pub. L. 92–522. See
section 4 of Pub. L. 92–522, set out as an Effective Date note under section 1361 of this title.
For effective date of section 4 of the International Dolphin Conservation Program Act [Pub. L. 105–42],
referred to in subsec. (a)(2)(B)(i), see section 8 of Pub. L. 105–42 set out as an Effective Date of 1997
Amendment note under section 1362 of this title.
The Endangered Species Act of 1973, referred to in subsec. (a)(4)(B), (5)(E)(i), is Pub. L. 93–205, Dec. 28,
1973, 87 Stat. 884, as amended, which is classified principally to chapter 35 (§1531 et seq.) of this title. For
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complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and
Tables.
The Whaling Convention Act of 1949, referred to in subsec. (a)(5)(A)(i)(I), is act Aug. 9, 1950, ch. 653, 64
Stat. 421, as amended, which is classified generally to subchapter II (§916 et seq.) of chapter 14 of this title.
For complete classification of this Act to the Code, see Short Title note set out under section 916 of this title
and Tables.
Act of November 7, 1986, referred to in subsec. (a)(5)(E)(vi), is Pub. L. 99–625, Nov. 7, 1986, 100 Stat.
3500, which amended section 718b of this title and provisions listed in a table of National Wildlife Refuges
set out under section 668dd of this title and enacted provisions set out as a note under section 1536 of this title.
For complete classification of this Act to the Code, see Tables.
Amendments
2018—Subsec. (a)(5)(A)(i). Pub. L. 115–232, §316(1), substituted "Except as provided by clause (ii), upon
request" for "Upon request" in introductory provisions.
Subsec. (a)(5)(A)(ii) to (iv). Pub. L. 115–232, §316(2), (3), added cl. (ii) and redesignated former cls. (ii)
and (iii) as (iii) and (iv), respectively.
2003—Subsec. (a)(5)(A). Pub. L. 108–136, §319(c)(1), designated existing provisions as cl. (i),
redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, redesignated former subcls. (I) and (II)
of former cl. (ii) as items (aa) and (bb) of subcl. (II), respectively, and added cls. (ii) and (iii).
Subsec. (a)(5)(D)(vi), (vii). Pub. L. 108–136, §319(c)(2), added cls. (vi) and (vii).
Subsec. (a)(5)(F). Pub. L. 108–136, §319(c)(3), added subpar. (F).
Subsec. (f). Pub. L. 108–136, §319(b), added subsec. (f).
1997—Subsec. (a)(2). Pub. L. 105–42, §4(a), (b)(4), in introductory provisions, inserted after first sentence
"Such authorizations may be granted under subchapter IV with respect to purse seine fishing for yellowfin
tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that subchapter by the
Secretary without regard to section 1373 of this title." and struck out "; provided that this goal shall be
satisfied in the case of the incidental taking of marine mammals in the course of purse seine fishing for
yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and
equipment that are economically and technologically practicable" after "serious injury rate" and, in closing
provisions, substituted "For purposes of subparagraph (F)" for "For purposes of subparagraph (E)".
Subsec. (a)(2)(B). Pub. L. 105–42, §4(b)(1), added subpar. (B) and struck out former subpar. (B) which
contained requirement that nations exporting yellowfin tuna harvested with purse seines in eastern tropical
Pacific Ocean provide documentary evidence of adoption of regulatory program governing incidental taking
of other mammals and comparison of the average rates of incidental taking between harvesting nation and
United States.
Subsec. (a)(2)(C) to (F). Pub. L. 105–42, §4(b)(2), (3), added subpar. (C) and redesignated former subpars.
(C) to (E) as (D) to (F), respectively.
Subsec. (d). Pub. L. 105–18 added subsec. (d).
Subsec. (e). Pub. L. 105–42, §4(c), added subsec. (e).
1996—Subsec. (a)(5)(E)(i). Pub. L. 104–208 made technical amendment to reference in original act which
appears in text as reference to section 1824(b) of this title.
1994—Subsec. (a)(1). Pub. L. 103–238, §4(a)(1), amended par. (1) generally. Prior to amendment, par. (1)
read as follows: "Consistent with the provisions of section 1374 of this title, permits may be issued by the
Secretary for taking and importation for purposes of scientific research, public display, or enhancing the
survival or recovery of a species or stock if—
"(A) the taking proposed in the application for any such permit, or
"(B) the importation proposed to be made,
is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine
Mammals established under subchapter III of this chapter. The Commission and Committee shall recommend
any proposed taking or importation which is consistent with the purposes and policies of section 1361 of this
title. The Secretary shall, if he grants approval for importation, issue to the importer concerned a certificate to
that effect which shall be in such form as the Secretary of the Treasury prescribes and such importation may
be made upon presentation of the certificate to the customs officer concerned."
Subsec. (a)(2). Pub. L. 103–238, §4(a)(2), inserted before period at end of first sentence ", or in lieu of such
permits, authorizations may be granted therefor under section 1387 of this title, subject to regulations
prescribed under that section by the Secretary without regard to section 1373 of this title".

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Subsec. (a)(3)(B). Pub. L. 103–238, §4(a)(3), inserted ", photography for educational or commercial
purposes," after "purposes" and "or as provided for under paragraph (5) of this subsection," after
"subsection,".
Subsec. (a)(4). Pub. L. 103–238, §4(a)(4), amended par. (4) generally. Prior to amendment, par. (4) read as
follows:
"(4)(A) During any period of five consecutive years, the Secretary shall allow the incidental, but not the
intentional, taking, by citizens of the United States while engaging in commercial fishing operations, of small
numbers of marine mammals of a species or population stock that is not depleted if the Secretary, after notice
and opportunity for public comment—
"(i) finds that the total of such taking during such five-year period will have a negligible impact on
such species or stock; and
"(ii) provides guidelines pertaining to the establishment of a cooperative system among the fishermen
involved for the monitoring of such taking.
"(B) The Secretary shall withdraw, or suspend for a time certain, the permission to take marine mammals
under subparagraph (A) if the Secretary finds, after notice and opportunity for public comment, that—
"(i) the taking allowed under subparagraph (A) is having more than a negligible impact on the species
or stock concerned; or
"(ii) the policies, purposes and goals of this chapter would be better served through the application of
this title without regard to this subsection.
Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of
this paragraph."
Subsec. (a)(5)(D), (E). Pub. L. 103–238, §4(a)(5), added subpars. (D) and (E).
Subsec. (a)(6). Pub. L. 103–238, §4(a)(6), added par. (6).
Subsec. (b). Pub. L. 103–238, §4(b), inserted at end "In promulgating any regulation or making any
assessment pursuant to a hearing or proceeding under this subsection or section 1386(b)(2) of this title, or in
making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts
under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be
responsible for demonstrating that such regulation, assessment, determination, or finding is supported by
substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in
an action brought by one or more Alaska Native organizations representing persons to which this subsection
applies."
Subsec. (c). Pub. L. 103–238, §4(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as
follows: "In order to minimize undue economic hardship to persons subject to this chapter, other than those
engaged in commercial fishing operations referred to in subsection (a)(2) of this section, the Secretary, upon
any such person filing an application with him and upon filing such information as the Secretary may require
showing, to his satisfaction, such hardship, may exempt such person or class of persons from provisions of
this chapter for no more than one year from October 21, 1972, as he determines to be appropriate."
1992—Subsec. (a)(2). Pub. L. 102–582, §103(2), inserted before period at end ", except that, until January
1, 1994, the term 'driftnet' does not include the use in the northeast Atlantic Ocean of gillnets with a total
length not to exceed five kilometers if the use is in accordance with regulations adopted by the European
Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the
Community".
Subsec. (a)(2)(C). Pub. L. 102–582, §401(b), amended subpar. (C) generally. Prior to amendment, subpar.
(C) read as follows: "shall require the government of any intermediary nation from which yellowfin tuna or
tuna products will be exported to the United States to certify and provide reasonable proof that it has acted to
prohibit the importation of such tuna and tuna products from any nation from which direct export to the
United States of such tuna and tuna products is banned under this section within sixty days following the
effective date of such ban on importation to the United States;".
Subsec. (a)(2)(E)(i). Pub. L. 102–582, §103(1), substituted "January 1, 1993" for "July 1, 1992".
1990—Subsec. (a)(2). Pub. L. 101–627 added subpar. (E) and concluding provisions.
1988—Subsec. (a)(1). Pub. L. 100–711, §5(c), which directed that par. (1) be amended generally to read as
follows: "(1) Consistent with the provisions of section 1374 of this title, permits may be issued by the
Secretary for taking and importation for purposes of scientific research, public display, or enhancing the
survival or recovery of a species or stock if—", was executed as the probable intent of Congress by
substituting such provisions for provisions of par. (1) before subpar. (A) which read as follows: "Permits may
be issued by the Secretary for taking and importation for purposes of scientific research and for public display
if—".
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Subsec. (a)(2). Pub. L. 100–711, §4(a), inserted provisions at end of subpar. (B) relating to finding by
Secretary that regulatory program, or average rate of incidental taking by vessels, of harvesting nation is
comparable to that of United States, and added subpars. (C) and (D).
Subsec. (a)(3)(B). Pub. L. 100–711, §5(e)(1), inserted "or enhancing the survival or recovery of a species or
stock" after "scientific research purposes".
1986—Subsec. (a)(5)(A). Pub. L. 99–659, §411(a)(1), in provisions preceding cl. (i) struck out "that is not
depleted" after "population stock".
Subsec. (a)(5)(A)(i). Pub. L. 99–659, §411(a)(2), substituted "will not have an unmitigable adverse impact"
for "its habitat, and", and inserted "or, in the case of a cooperative agreement under both this chapter and the
Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to section 1382(c) of this title".
Subsec. (a)(5)(A)(ii)(I). Pub. L. 99–659, §411(a)(3), inserted ", and on the availability of such species or
stock for subsistence uses".
1984—Subsec. (a)(2). Pub. L. 98–364 amended last sentence generally, restating existing provisions in cl.
(A) and adding cl. (B).
1981—Subsec. (a)(2). Pub. L. 97–58, §2(1)(A), provided that the immediate goal of reducing to
insignificant levels approaching a zero mortality and serious injury rate the incidental kill or serious injury of
marine mammals permitted in the course of commercial fishing operations be satisfied in the case of purse
seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety
techniques and equipment that are economically and technologically practicable.
Subsec. (a)(3)(B). Pub. L. 97–58, §2(1)(B), struck out "is classified as belonging to an endangered species
or threatened species pursuant to the Endangered Species Act of 1973 or" after "the taking of any marine
mammal which".
Subsec. (a)(4), (5). Pub. L. 97–58, §2(1)(C), added pars. (4) and (5).
Subsec. (b). Pub. L. 97–58, §2(2), substituted "Except as provided in section 1379 of this title, the
provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian,
Aleut, or Eskimo who resides in Alaska and" for "The provisions of this chapter shall not apply with respect to
the taking of any marine mammal by any Indian, Aleut, or Eskimo" in provisions preceding par. (1) and, in
par. (1), substituted "is for subsistence purposes; or" for "is for subsistence purposes by Alaskan natives who
reside in Alaska, or".
1973—Subsec. (a)(3)(B). Pub. L. 93–205 substituted "or threatened species pursuant to the Endangered
Species Act of 1973" for "pursuant to the Endangered Species Conservation Act of 1969".
Effective Date of 1997 Amendment
For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under
section 1362 of this title.
Effective Date of 1996 Amendment
Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41,
provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an
Effective Date note under section 1531 of this title.
Effective Date
Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub.
L. 92–522, set out as a note under section 1361 of this title.
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of
the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2year period, or in the case of a committee established by the Congress, its duration is otherwise provided by
law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5,
Government Organization and Employees.
1 So

in original. Probably should be a reference to cl. (ii)(I).

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