MMPA 16 U.S.C. 1361 et seq

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

16 U.S.C.
United States Code, 2020 Edition
Title 16 - CONSERVATION
CHAPTER 31 - MARINE MAMMAL PROTECTION
SUBCHAPTER I - GENERALLY
From the U.S. Government Publishing Office, www.gpo.gov

SUBCHAPTER I—GENERALLY
§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 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
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

1/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

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.
(Pub. L. 92–522, §2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97–58, §1(b)(1), Oct.
9, 1981, 95 Stat. 979; Pub. L. 103–238, §3, Apr. 30, 1994, 108 Stat. 532.)
A
1994—Par. (2). Pub. L. 103–238, §3(1), inserted "essential habitats, including" after "made to protect".
Par. (5). Pub. L. 103–238, §3(2), inserted "and their habitats" before "is therefore necessary" in concluding
provisions.
1981—Par. (6). Pub. L. 97–58 substituted "carrying capacity" for "optimum carrying capacity".
E
D
Pub. L. 92–522, §4, Oct. 21, 1972, 86 Stat. 1029, provided that: "The provisions of this Act [enacting this
chapter] shall take effect upon the expiration of the sixty-day period following the date of its enactment [Oct.
21, 1972]."
S
T
2018 A
Pub. L. 115–329, §1, Dec. 18, 2018, 132 Stat. 4475, provided that: "This Act [amending section 1389 of
this title and enacting provisions set out as a note under section 1389 of this title] may be cited as the
'Endangered Salmon Predation Prevention Act'."
S
T
2007 A
Pub. L. 109–479, title IX, §901, Jan. 12, 2007, 120 Stat. 3660, provided that: "This title [enacting
subchapter VI of this chapter and amending section 1377 of this title] may be cited as the 'United StatesRussia Polar Bear Conservation and Management Act of 2006'."
S
T
2000 A
Pub. L. 106–555, §1, Dec. 21, 2000, 114 Stat. 2765, provided that: "This Act [enacting section 1421f–1 of
this title, amending sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a to 5108, and 5156 of
this title, enacting provisions set out as notes under this section and sections 917a, 1433, 5101, and 5107 of
this title, and amending provisions set out as a note under section 1855 of this title] may be cited as the
'Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance
Act of 2000'."
Pub. L. 106–555, title II, §201, Dec. 21, 2000, 114 Stat. 2767, provided that: "This title [enacting section
1421f–1 of this title, amending sections 1362, 1421g, 1421h, 1433, and 1434 of this title, enacting provisions
set out as notes under sections 917a and 1433 of this title, and amending provisions set out as a note under
section 1855 of this title] may be cited as the 'Marine Mammal Rescue Assistance Act of 2000'."
S
T
1997 A
Pub. L. 105–42, §1(a), Aug. 15, 1997, 111 Stat. 1122, provided that: "This Act [enacting sections 962,
1412, 1413, 1414a to 1416 of this title, amending sections 952, 953, 1362, 1371, 1374, 1378, 1380, 1385,
1411, and 1417 of this title, repealing sections 1412 to 1416 and 1418 of this title, and enacting provisions set
out as notes under this section and section 1362 of this title] may be cited as the 'International Dolphin
Conservation Program Act'."
S
T
1994 A
Pub. L. 103–238, §1, Apr. 30, 1994, 108 Stat. 532, provided that: "This Act [enacting sections 1386 to 1389
of this title, amending this section and sections 1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384,
1407, 1421 to 1421h, and 4107 of this title, repealing sections 1384 and 1407 of this title, and enacting

https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

2/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

provisions set out as notes under this section and sections 1362, 1374, 1538, and 1539 of this title] may be
cited as the 'Marine Mammal Protection Act Amendments of 1994'."
S
T
1992 A
Pub. L. 102–587, title III, §3001, Nov. 4, 1992, 106 Stat. 5059, provided that: "This title [enacting
subchapter V of this chapter, amending sections 1362, 1372, 1379, and 1382 of this title and section 183c of
Title 46, Appendix, Shipping, and enacting provisions set out as notes under sections 1421 and 1421a of this
title] may be cited as the 'Marine Mammal Health and Stranding Response Act'."
Pub. L. 102–523, §1, Oct. 26, 1992, 106 Stat. 3425, provided that: "This Act [enacting subchapter IV of this
chapter and amending sections 952, 953, 973r, and 1362 of this title] may be cited as the 'International
Dolphin Conservation Act of 1992'."
S
T
1988 A
Pub. L. 100–711, §1, Nov. 23, 1988, 102 Stat. 4755, provided: "That this Act [enacting sections 1383a and
1383b of this title, amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402, and 1407 of this title
and section 1978 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as a note under
this section, and amending provisions set out as a note under section 1384 of this title] may be cited as the
'Marine Mammal Protection Act Amendments of 1988'."
S
T
Pub. L. 92–522, §1, Oct. 21, 1972, 86 Stat. 1027, provided in part that: "This Act [enacting this chapter]
may be cited as the 'Marine Mammal Protection Act of 1972'."
R
Pub. L. 103–238, §15(b), Apr. 30, 1994, 108 Stat. 559, provided that: "Except as provided otherwise in this
Act [see Short Title of 1994 Amendment note above], or the amendments to the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the Secretary of Commerce or the Secretary of the
Interior, as appropriate, shall, after notice and opportunity for public comment, promulgate regulations to
implement this Act and the amendments made by this Act by January 1, 1995."
P
F
Pub. L. 105–42, §2, Aug. 15, 1997, 111 Stat. 1122, provided that:
"(a) P
.—The purposes of this Act [see Short Title of 1997 Amendment note above] are—
"(1) to give effect to the Declaration of Panama, signed October 4, 1995, by the Governments of
Belize, Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the United States of
America, Vanuatu, and Venezuela, including the establishment of the International Dolphin Conservation
Program, relating to the protection of dolphins and other species, and the conservation and management of
tuna in the eastern tropical Pacific Ocean;
"(2) to recognize that nations fishing for tuna in the eastern tropical Pacific Ocean have achieved
significant reductions in dolphin mortality associated with that fishery; and
"(3) to eliminate the ban on imports of tuna from those nations that are in compliance with the
International Dolphin Conservation Program.
"(b) F
.—The Congress finds that—
"(1) the nations that fish for tuna in the eastern tropical Pacific Ocean have achieved significant
reductions in dolphin mortality associated with the purse seine fishery from hundreds of thousands annually
to fewer than 5,000 annually;
"(2) the provisions of the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.] that impose
a ban on imports from nations that fish for tuna in the eastern tropical Pacific Ocean have served as an
incentive to reduce dolphin mortalities;
"(3) tuna canners and processors of the United States have led the canning and processing industry in
promoting a dolphin-safe tuna market; and
"(4) 12 signatory nations to the Declaration of Panama, including the United States, agreed under that
Declaration to require that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in
the eastern tropical Pacific Ocean not exceed 5,000 animals, with the objective of progressively reducing
dolphin mortality to a level approaching zero through the setting of annual limits and with the goal of
eliminating dolphin mortality."
R

M

M

P

A

A

https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

1994

O

L
3/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

Pub. L. 103–238, §2(b), Apr. 30, 1994, 108 Stat. 532, provided that: "Except as otherwise expressly
provided, nothing in this Act [see Short Title of 1994 Amendment note above] is intended to amend, repeal, or
otherwise affect any other provision of law."
I
T
R
;A
N
S
Pub. L. 103–238, §14, Apr. 30, 1994, 108 Stat. 558, provided that: "Nothing in this Act [see Short Title of
1994 Amendment note above], including any amendments to the Marine Mammal Protection Act of 1972 [16
U.S.C. 1361 et seq.] made by this Act—
"(1) alters or is intended to alter any treaty between the United States and one or more Indian tribes; or
"(2) affects or otherwise modifies the provisions of section 101(b) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1371(b)), except as specifically provided in the amendment made by section 4(b) of
this Act [amending section 1371 of this title]."
S
E
D
F
Pub. L. 102–567, title III, §306, Oct. 29, 1992, 106 Stat. 4284, directed Secretary of Commerce to conduct a
study in the eastern Gulf of Mexico on the effects of feeding of noncaptive dolphins by human beings, such
study to be designed to detect any behavior or diet modification resulting from this feeding and to identify the
effects, if any, of these modifications on the health and well-being of the dolphins, directed Secretary to
consult with National Academy of Sciences and Marine Mammal Commission in design and conduct of the
study, and directed Secretary, within 18 months after Oct. 29, 1992, to submit to Congress a report on results
of the study.
S
M
A
D
Pub. L. 100–711, §7, Nov. 23, 1988, 102 Stat. 4771, directed Secretary of Commerce to conduct a study
regarding east coast epidemic during 1987 and 1988 which caused substantial mortality within North Atlantic
coastal population of Atlantic bottle-nosed dolphin, such study to examine (1) cause or causes of epidemic, (2)
effect of epidemic on coastal and offshore populations of Atlantic bottle-nosed dolphin, (3) extent to which
pollution may have contributed to epidemic, (4) whether other species and populations of marine mammals
were affected by those factors which contributed to epidemic, and (5) any other matters pertaining to causes
and effects of epidemic, with Secretary to submit on or before Jan. 1, 1989, to Committee on Commerce,
Science, and Transportation of the Senate and Committee on Merchant Marine and Fisheries of the House of
Representatives a plan for conducting the study.
I
D
T A
U
C
L
Pub. L. 95–426, title VI, §602, Oct. 7, 1978, 92 Stat. 985, provided that: "It is the sense of the Congress that
the President should convey to all countries having an interest in cetacean sea life the serious concern of the
Congress regarding the continuing destruction of these marine mammals (highlighted by the recent slaughter
of dolphins in the Sea of Japan by Japanese fishermen) and should encourage such countries—
"(1) to join in international discussions with other such countries in order to advance general
understanding of cetacean life and thereby facilitate an effective use of the living marine resources of the
world which does not jeopardize the natural balance of the aquatic environment;
"(2) to participate in an exchange of information with the National Marine Fisheries Service of the
United States Department of Commerce, including cooperation in studies of—
"(A) the impact of cetaceans on ecologically related human foodstuffs, and
"(B) alternative methods of dealing with cetacean problems as they occur;
"(3) to cooperate in establishing an international cetacean commission to advance understanding of
cetacean life and to insure the effective conservation and protection of cetaceans on a global scale; and
"(4) to adopt comprehensive marine mammal protection legislation."

§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
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

4/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

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" mean the collection and
application of biological information for the purposes of increasing and
maintaining the number of animals within species and populations of marine
mammals at their optimum sustainable population. Such terms include the entire
scope of activities that constitute a modern scientific resource program,
including, but not limited to, research, census, law enforcement, and habitat
acquisition and improvement. Also included within these terms, when and where
appropriate, is the periodic or total protection of species or populations as well as
regulated taking.
(3) The term "district court of the United States" includes the District Court of
Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District
Court of the Canal Zone, and, in the case of American Samoa and the Trust
Territory of the Pacific Islands, the District Court of the United States for the
District of Hawaii.
(4) The term "humane" in the context of the taking of a marine mammal
means that method of taking which involves the least possible degree of pain and
suffering practicable to the mammal involved.
(5) The term "intermediary nation" means a nation that exports yellowfin tuna
or yellowfin tuna products to the United States and that imports yellowfin tuna
or yellowfin tuna products that are subject to a direct ban on importation into the
United States pursuant to section 1371(a)(2)(B) of this title.
(6) The term "marine mammal" means any mammal which (A) is
morphologically adapted to the marine environment (including sea otters and
members of the orders Sirenia, Pinnipedia and Cetacea), or (B) primarily
inhabits the marine environment (such as the polar bear); and, for the purposes
of this chapter, includes any part of any such marine mammal, including its raw,
dressed, or dyed fur or skin.
(7) The term "marine mammal product" means any item of merchandise
which consists, or is composed in whole or in part, of any marine mammal.
(8) The term "moratorium" means a complete cessation of the taking of
marine mammals and a complete ban on the importation into the United States
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

5/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

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 (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
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

6/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

Agreement, that lie within 200 nautical miles of the baselines from which the
breadth of the territorial sea of Russia is measured but beyond 200 nautical
miles of the baselines from which the breadth of the territorial sea of the
United States is measured, except that this subparagraph shall not apply before
the date on which the Agreement between the United States and the Union of
Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990,
enters into force for the United States.
(16) The term "fishery" means—
(A) one or more stocks of fish which can be treated as a unit for purposes of
conservation and management and which are identified on the basis of
geographical, scientific, technical, recreational, and economic characteristics;
and
(B) any fishing for such stocks.
(17) The term "competent regional organization"—
(A) for the tuna fishery in the eastern tropical Pacific Ocean, means the
Inter-American Tropical Tuna Commission; and
(B) in any other case, means an organization consisting of those nations
participating in a tuna fishery, the purpose of which is the conservation and
management of that fishery and the management of issues relating to that
fishery.
(18)(A) The term "harassment" means any act of pursuit, torment, or
annoyance which—
(i) has the potential to injure a marine mammal or marine mammal stock in
the wild; or
(ii) has the potential to disturb a marine mammal or marine mammal stock
in the wild by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or sheltering.
(B) In the case of a military readiness activity (as defined in section 315(f) of
Public Law 107–314; 16 U.S.C. 703 note) or a scientific research activity
conducted by or on behalf of the Federal Government consistent with section
1374(c)(3) of this title, the term "harassment" means—
(i) any act that injures or has the significant potential to injure a marine
mammal or marine mammal stock in the wild; or
(ii) any act that disturbs or is likely to disturb a marine mammal or marine
mammal stock in the wild by causing disruption of natural behavioral patterns,
including, but not limited to, migration, surfacing, nursing, breeding, feeding,
or sheltering, to a point where such behavioral patterns are abandoned or
significantly altered.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

7/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

(C) The term "Level A harassment" means harassment described in
subparagraph (A)(i) or, in the case of a military readiness activity or scientific
research activity described in subparagraph (B), harassment described in
subparagraph (B)(i).
(D) The term "Level B harassment" means harassment described in
subparagraph (A)(ii) or, in the case of a military readiness activity or scientific
research activity described in subparagraph (B), harassment described in
subparagraph (B)(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.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

8/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

(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.
(Pub. L. 92–522, §3, Oct. 21, 1972, 86 Stat. 1028; Pub. L. 93–205, §13(e)(1),
Dec. 28, 1973, 87 Stat. 903; Pub. L. 94–265, title IV, §404(a), Apr. 13, 1976, 90
Stat. 360; Pub. L. 97–58, §1(a), (b)(2), Oct. 9, 1981, 95 Stat. 979; Pub. L. 102–
251, title III, §304, Mar. 9, 1992, 106 Stat. 65; Pub. L. 102–523, §2(c), Oct. 26,
1992, 106 Stat. 3432; Pub. L. 102–582, title IV, §401(a), Nov. 2, 1992, 106 Stat.
4909; Pub. L. 102–587, title III, §3004(b), Nov. 4, 1992, 106 Stat. 5067; Pub. L.
103–238, §§12, 16(a), 24(a)(2), Apr. 30, 1994, 108 Stat. 557, 559, 565; Pub. L.
104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009,
3009–41; Pub. L. 104–297, title IV, §405(b)(2), (3), Oct. 11, 1996, 110 Stat.
3621; Pub. L. 105–42, §3, Aug. 15, 1997, 111 Stat. 1123; Pub. L. 106–555, title
II, §202(b), Dec. 21, 2000, 114 Stat. 2768; Pub. L. 108–136, div. A, title III,
§319(a), Nov. 24, 2003, 117 Stat. 1433.)
R
T
The Endangered Species Act of 1973, referred to in pars. (1)(C) and (19)(B), (C), is Pub. L. 93–205, Dec.
28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§1531 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
A
2003—Par. (18)(B) to (D). Pub. L. 108–136 added subpars. (B) to (D) and struck out former subpars. (B)
and (C) which read as follows:
"(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)."
2000—Par. (12)(B). Pub. L. 106–555 inserted "(other than section 1421f–1 of this title)" after "subchapter
V".
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

9/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

1997—Pars. (28), (29). Pub. L. 105–42 added pars. (28) and (29).
1996—Par. (15). Pub. L. 104–297, §405(b)(2), repealed Pub. L. 102–251, §304. See 1992 Amendment note
below.
Pub. L. 104–297, §404(b)(3), amended par. (15) generally. Prior to amendment, par. (15) read as follows:
"The term 'waters under the jurisdiction of the United States' means—
"(A) the territorial sea of the United States, and
"(B) the waters included within a zone, contiguous to the territorial sea of the United States, of which
the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer
boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from
which the territorial sea is measured."
Par. (21). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as
reference to section 1852 of this title.
1994—Par. (12)(B). Pub. L. 103–238, §24(a)(2), substituted "in section 1387 of this title and subchapter V"
for "in subchapter V".
Pars. (15) to (17). Pub. L. 103–238, §16(a), redesignated par. (15) defining "fishery", and par. (16), as pars.
(16) and (17), respectively, and struck out former par. (17) which defined "intermediary nation".
Pars. (18) to (27). Pub. L. 103–238, §12, added pars. (18) to (27).
1992—Pars. (5) to (11). Pub. L. 102–582 added par. (5) and redesignated former pars. (5) to (10) as (6) to
(11), respectively.
Par. (12). Pub. L. 102–587 substituted "(A) Except as provided in subparagraph (B), the term" for "The
term", redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B). See
Construction of Amendment by Pub. L. 102–587 note below.
Pub. L. 102–582 redesignated par. (11) as (12). Former par. (12) redesignated (13).
Pars. (13), (14). Pub. L. 102–582 redesignated pars. (12) and (13) as (13) and (14), respectively. Former par.
(14) redesignated (15).
Par. (15). Pub. L. 102–582 redesignated par. (14), defining waters under the jurisdiction of the United
States, as (15).
Pub. L. 102–523 added par. (15) defining fishery.
Pub. L. 102–251, §304, which directed the general amendment of par. (15) by reenacting the introductory
provisions and subpars. (A) and (B) without substantial change and adding subpar. (C) which read "the areas
referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, those
areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the
baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of
the baselines from which the breadth of the territorial sea of the United States is measured.", was repealed by
Pub. L. 104–297, §405(b)(2).
Pars. (16), (17). Pub. L. 102–523 added pars. (16) and (17).
1981—Par. (1). Pub. L. 97–58, §1(b)(2)(A), substituted a single management standard, that is, the
maintenance of species at their optimum sustainable population, for the former management standard which
had included the decline of a species or population stock that had declined to a significant degree over a
period of years, the decline of a species or population stock which, if continued or resumed, would place the
species or stock within the provisions of the Endangered Species Act of 1973, and a species or population
stock that was below the optimum carrying capacity for the species or stock within its environment.
Par. (2). Pub. L. 97–58, §1(b)(2)(B), substituted "their optimum sustainable population" for "the optimum
carrying capacity of their habitat".
Par. (8). Pub. L. 97–58, §1(a), (b)(2)(C), (D), redesignated par. (9) as (8) and substituted "carrying capacity"
for "optimum carrying capacity". Former par. (8), which defined "optimum carrying capacity" was struck out.
Pars. (9) to (12). Pub. L. 97–58, §1(b)(2)(C), redesignated pars. (9) to (13) as (8) to (12), respectively.
Par. (13). Pub. L. 97–58, §1(b)(2)(C), (E), redesignated par. (14) as (13) and substituted "the Virgin Islands
of the United States, American Samoa, Guam, and Northern Mariana Islands" for "the Canal Zone, the
possessions of the United States, and the Trust Territory of the Pacific Islands". Former par. (13) redesignated
(12).
Pars. (14), (15). Pub. L. 97–58, §1(b)(2)(C), redesignated pars. (14) and (15) as (13) and (14), respectively.
1976—Par. (15)(B). Pub. L. 94–265 substituted "the waters included within a zone, contiguous to the
territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward
boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

10/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

200 nautical miles from the baseline from which the territorial sea is measured" for "the fisheries zone
established pursuant to the Act of October 14, 1966".
1973—Par. (1)(B). Pub. L. 93–205 substituted "Endangered Species Act of 1973" for "Endangered Species
Conservation Act of 1969".
E
D
1997 A
Pub. L. 105–42, §8, Aug. 15, 1997, 111 Stat. 1139, provided that:
"(a) A
T
E
W
IDCP F
.—Sections 3 through 7 of this Act [enacting
sections 962, 1412, 1413, 1414a to 1416 of this title, amending sections 952, 953, 1362, 1371, 1374, 1378,
1380, 1385, 1411, and 1417 of this title, and repealing sections 1412 to 1416 and 1418 of this title] (except for
section 304 of the Marine Mammal Protection Act of 1972 as added by section 6 of this Act [section 1414a of
this title]) shall become effective upon—
"(1) certification by the Secretary of Commerce that—
"(A) sufficient funding is available to complete the first year of the study required under section
304(a) of the Marine Mammal Protection Act of 1972, as so added; and
"(B) the study has commenced; and
"(2) certification by the Secretary of State to Congress that a binding resolution of the Inter-American
Tropical Tuna Commission or other legally binding instrument establishing the International Dolphin
Conservation Program has been adopted and is in force.
"(b) S
E
D .—Notwithstanding subsection (a), the Secretary of Commerce may issue
regulations under—
"(1) subsection (f)(2) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f)(2)), as
added by section 5(b) of this Act;
"(2) section 303(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1413(a)), as added by
section 6(c) of this Act,
at any time after the date of enactment of this Act [Aug. 15, 1997]."
[The Secretary of Commerce made the certification referred to in section 8(a)(1) of Pub. L. 105–42, set out
above, on July 27, 1998, and the Secretary of State made the certification referred to in section 8(a)(2) of Pub.
L. 105–42 on Mar. 3, 1999.]
E
D
1996 A
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.
E
D
1994 A
Pub. L. 103–238, §24(e), Apr. 30, 1994, 108 Stat. 566, provided that: "The amendments made by subsection
(a) [amending this section] shall be effective as if enacted as part of section 3004 of the Marine Mammal
Health and Stranding Response Act (106 Stat. 5067) [Pub. L. 102–587]."
E
D
1992 A
Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union
of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United
States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such
regulation to be effective until date on which Agreement enters into force for United States, see section 308 of
Pub. L. 102–251, set out as a note under section 773 of this title.
E
D
1976 A
Pub. L. 94–265, title IV, §404(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section
404(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of
title IV of Pub. L. 94–265 by Pub. L. 104–297.
E
D
1973 A
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.
E
D
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.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

11/12

5/24/22, 10:34 AM

U.S.C. Title 16 - CONSERVATION

C
A
P . L. 102–587
Pub. L. 103–238, §24(a)(1), Apr. 30, 1994, 108 Stat. 565, provided that: "The amendments set forth in
section 3004(b) of the Marine Mammal Health and Stranding Response Act (106 Stat. 5067) [Pub. L. 102–
587, amending this section]—
"(A) are deemed to have been made by that section to section 3(12) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1362(12)); and
"(B) shall not be considered to have been made by that section to section 3(11) of that Act (16 U.S.C.
1362(11))."
T
T
T
P
I
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
T
U
S
D
C
D
C
Z
For termination of the United States District Court for the District of the Canal Zone at end of the
"transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub.
L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843,
respectively, of Title 22, Foreign Relations and Intercourse.
T
A
C
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.
T
S
C
Z
U
S
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

1

So in original. Probably should be capitalized.

https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap31-subchapI.htm

12/12