Mmpa

The Marine Mammal Protection Act of 1972 as Amended

The Marine Mammal
Protection Act of 1972
As Amended
as amended through 2018

Compiled and annotated by the

Marine Mammal Commission
4340 East-West Highway
Bethesda, MD 20814
Updated with 2018 Amendments by

NOAA’s National Marine Fisheries Service
1315 East-West Highway
Silver Spring, MD 20910
Revised March 2019

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The Marine Mammal Protection Act of 1972 as Amended

The Marine Mammal Protection Act of 1972
as Amended i
To protect marine mammals; to establish a Marine Mammal Commission; for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That this Act, with the following table of contents, may be cited
as the “Marine Mammal Protection Act of 1972”.

TABLE OF CONTENTS
Sec. 2.
Sec. 3.
Sec. 4.

Findings and declaration of policy..................................................................... 3
Definitions. ........................................................................................................ 4
Effective date. .................................................................................................... 8

Title I—Conservation and Protection of Marine Mammals
Sec. 101. Moratorium and exceptions................................................................................. 9
Sec. 102. Prohibitions. ...................................................................................................... 18
Sec. 103. Regulations on taking of marine mammals. ...................................................... 20
Sec. 104. Permits. ............................................................................................................. 22
Sec. 105. Penalties ............................................................................................................ 31
Sec. [ ]. Disposition of Fines. ii ....................................................................................... 31
Sec. 106. Vessel fine, cargo forfeiture, and rewards......................................................... 31
Sec. 107. Enforcement. ..................................................................................................... 32
Sec. 108. International program. ....................................................................................... 34
Sec. 109. Federal cooperation with States. ....................................................................... 36
Sec. 110. Marine mammal research grants. ...................................................................... 42
Sec. 111. Commercial fisheries gear development. .......................................................... 44
Sec. 112. Regulations and administration. ........................................................................ 45
Sec. 113. Application to other treaties and conventions. .................................................. 45
Sec. 114. Interim exception for commercial fisheries. ..................................................... 46
Sec. 115. Status review; conservation plans. .................................................................... 56
Sec. 116. Authorization of appropriations. ....................................................................... 58
Sec. [ ]. Dolphin protection. iii ......................................................................................... 58
Sec. 117. Stock assessments. ............................................................................................ 63

Sec. 118. Taking of marine mammals incidental to commercial fishing
operations ......................................................................................................... 65
Sec. 119. Marine mammal cooperative agreements in Alaska. ........................................ 78
Sec. 120. Pacific Coast Task Force; Gulf of Maine. ......................................................... 79

Title II—Marine Mammal Commission
Sec. 201. Establishment of Commission........................................................................... 85
Sec. 202. Duties of Commission. ...................................................................................... 86
Sec. 203. Committee of Scientific Advisors on Marine Mammals................................... 87
Sec. 204. Commission reports. ......................................................................................... 87
Sec. 205. Coordination with other Federal agencies. ........................................................ 88
Sec. 206. Administration of Commission. ........................................................................ 88
Sec. 207. Authorization of appropriations. ....................................................................... 88
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Title III— International Dolphin Conservation Program
Sec. 301. Findings and policy. .......................................................................................... 89
Sec. 302. International Dolphin Conservation Program. .................................................. 90
Sec. 303. Regulatory authority of the Secretary. .............................................................. 91
Sec. 304. Research. ........................................................................................................... 93
Sec. 305. Reports by the Secretary. .................................................................................. 95
Sec. 306. Permits. ............................................................................................................. 95
Sec. 307. Prohibitions. ...................................................................................................... 97

Title IV—Marine Mammal Health and Stranding Response
Sec. 401. Establishment of program. ................................................................................ 98
Sec. 402. Determination; data collection and dissemination. ........................................... 98
Sec. 403. Stranding response agreements. ........................................................................ 99
Sec. 404. Unusual mortality event response. .................................................................... 99
Sec. 405. Unusual mortality event activity funding. ....................................................... 101
Sec. 406. Liability. .......................................................................................................... 102
Sec. 407. National Marine Mammal Tissue Bank and tissue analysis............................ 103
Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. .......... 104
Sec. 409. Authorization of appropriations. ..................................................................... 106
Sec. 410. Definitions. ...................................................................................................... 106

Title V—Polar Bears
Sec. 501. Definitions. ...................................................................................................... 108
Sec. 502. Prohibitions. .................................................................................................... 108
Sec. 503. Administration................................................................................................. 109
Sec. 504. Cooperative management agreement; authority to delegate enforcement
authority. ........................................................................................................ 110
Sec. 505. Commission appointments; compensation, travel expenses, and claims. ....... 110
Sec. 506. Votes taken by the United States Section on matters before the Commission.
....................................................................................................................... 112
Sec. 507. Implementation of actions taken by the Commission. .................................... 112
Sec. 508. Application with other titles of Act. ................................................................ 112
Sec. 509. Authorization of appropriations. ..................................................................... 113
Notes ............................................................................................................................... 114
Recently Enacted Statutory Provisions Related to Marine Mammals ............................ 120
Endnotes.......................................................................................................................... 123
This copy of the Marine Mammal Protection Act is provided for information only. Before
relying on any portion of the Act as it appears here, reference should be made to the
official report of the Act in the United States Code.
To assist the user, headings have been provided for most subsections and some lesser
provisions. Some headings were enacted as part of the Act. Others have been added to
the Act as it appears in the United States Code. Headings included in the United States
Code, but which were not enacted as part of the Marine Mammal Protection Act, appear
in brackets. Certain provisions of the Act set forth requirements relative to the time of
enactment of the provision. To assist the reader, these provisions have been annotated by
including in brackets a specific date when the provision becomes effective or by which a
required action is or was to be taken.
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The Marine Mammal Protection Act of 1972 as Amended

Findings and Declaration of Policy
16 U.S.C. 1361
Sec. 2. 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 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.

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Definitions
16 U.S.C. 1362
Sec. 3. For the purposes of this Act—
(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 title II of
this Act, 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 109, 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 101 (a)(2)(B).
(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 Act, 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.

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The Marine Mammal Protection Act of 1972 as Amended

(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 Act.
(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 Act 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 Act with respect to all other marine mammals covered by this Act.
(B) in section 118 and title IV (other than section 408) 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
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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 104 (c)(3), 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.
(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).

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The Marine Mammal Protection Act of 1972 as Amended

(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 Act.
(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 302 of the Magnuson-Stevens Fishery
Conservation and Management Act.
(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; 1
(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 118.
(25) The term “take reduction team” means a team established under section 118.
(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.

1

As in original, probably intended to be “refereed scientific journal.”
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(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 La Jolla, 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 .

Effective Date
Sec. 4. The provisions of this Act shall take effect upon the expiration of the sixtyday period following the date of its enactment [December 21, 1972].

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The Marine Mammal Protection Act of 1972 as Amended

Title I—Conservation and Protection
of Marine Mammals
Moratorium on taking and importing marine mammals and
marine mammal products
16 U.S.C. 1371
Sec. 101. (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 Act, 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 104, 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
104 (c)(5), 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 title II of this Act. The Commission and
Committee shall recommend any proposed taking or importation, other than importation
under section 104 (c)(5), which is consistent with the purposes and policies of section 2.
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 104 subject to regulations
prescribed by the Secretary in accordance with section 103, or in lieu of such permits,
authorizations may be granted therefor under section 118, subject to regulations
prescribed under that section by the Secretary without regard to section 103. Such
authorizations may be granted under title III of this Act with respect to purse seine
fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations
prescribed under that title by the Secretary without regard to section 103. 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;

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(B) in the case of yellowfin tuna harvested with purse seine nets in the eastern
tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall
require that the government of the exporting nation provide documentary evidence that—
(i)(I) the tuna or products therefrom were not banned from importation under
this paragraph before the effective date of section 4 of the International Dolphin
Conservation Program Act; or
(II) the tuna or products therefrom were harvested after the effective date
of section 4 of the International Dolphin Conservation Program Act by vessels of a nation
which participates in the International Dolphin Conservation Program, and such
harvesting nation is either a member of the Inter-American Tropical Tuna Commission or
has initiated (and within 6 months thereafter completed) all steps required of applicant
nations, in accordance with article V, paragraph 3 of the Convention establishing the
Inter-American Tropical Tuna Commission, to become a member of that organization;
(ii) such nation is meeting the obligations of the International Dolphin
Conservation Program and the obligations of membership in the Inter-American Tropical
Tuna Commission, including all financial obligations; and
(iii) the total dolphin mortality limits, and per-stock per-year dolphin
mortality limits permitted for that nation’s vessels under the International Dolphin
Conservation Program do not exceed the limits determined for 1997, or for any year
thereafter, consistent with the objective of progressively reducing dolphin mortality to a
level approaching zero through the setting of annual limits and the goal of eliminating
dolphin mortality, and requirements of the International Dolphin Conservation Program;
(C) shall not accept such documentary evidence if—
(i) the government of the harvesting nation does not provide directly or
authorize the Inter-American Tropical Tuna Commission to release complete and
accurate information to the Secretary in a timely manner—
(I) to allow determination of compliance with the International Dolphin
Conservation Program; and
(II) for the purposes of tracking and verifying compliance with the
minimum requirements established by the Secretary in regulations promulgated under
subsection (f) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f);
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);

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The Marine Mammal Protection Act of 1972 as Amended

(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 8 (a) of the Fisherman’s
Protection Act of 1967 (22 U.S.C. 1978(a)) 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 Act 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 102, 103, 104, and 111 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 Act: 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
Act. 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 Act
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;
11

(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 Act.
(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 Act.
(D) The authority to deter marine mammals pursuant to subparagraph (A) applies
to all marine mammals, including all stocks designated as depleted under this Act.
(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 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 109 (f) or, in the case
of a cooperative agreement under both this Act and the Whaling Convention Act of 1949
(16 U.S.C. 916 et seq.), pursuant to section 112 (c) ; 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
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The Marine Mammal Protection Act of 1972 as Amended

(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 103 and 104 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
13

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 109 (f) or pursuant to a cooperative agreement under section 119.
(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 109 (f) or pursuant to
a cooperative agreement under section 119,
(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 109 (f) or pursuant to
a cooperative agreement under section 119, 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 109 (f) or pursuant to a cooperative agreement
under section 119.
(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 Act 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) 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.
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The Marine Mammal Protection Act of 1972 as Amended

(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 204 (b) of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1824(b)), 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 118, 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 118, 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 118 shall not be subject to the penalties of this Act 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 118.
(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 118 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.

15

(v) Sections 103 and 104 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
(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 109,
the provisions of this Act 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

16

The Marine Mammal Protection Act of 1972 as Amended

(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 Act, 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 Act.
Such regulations shall be prescribed after notice and hearing required by section 103 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 117 (b)(2), 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
Act 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 Act to take
a marine mammal if—
(1) such taking is imminently necessary to avoid serious injury, additional injury, or
death to a marine mammal entangled in fishing gear or debris;
(2) reasonable care is taken to ensure the safe release of the marine mammal, taking
into consideration the equipment, expertise, and conditions at hand;
(3) reasonable care is exercised to prevent any further injury to the marine mammal;
and
(4) such taking is reported to the Secretary within 48 hours.
(e) [ACT NOT TO APPLY TO INCIDENTAL TAKINGS BY UNITED STATES
CITIZENS EMPLOYED ON FOREIGN VESSELS OUTSIDE UNITED STATES EEZ.]
— The provisions of this Act shall not apply to a citizen of the United States who
17

incidentally takes any marine mammal during fishing operations outside the United
States exclusive economic zone (as defined in section 1802) 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 Act, 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.

Prohibitions
16 U.S.C. 1372
Sec. 102. (a) [TAKING.] — Except as provided in sections 101, 103, 104, 109, 111, 113,
114, and 118 and title IV, 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
18

The Marine Mammal Protection Act of 1972 as Amended

effective date 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 Act,
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 Act; 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 104(c); 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 Act.
(b) [IMPORTATION OF PREGNANT OR NURSING ANIMALS; 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 104(c)
of this Act, 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 Act; or
(B) taken in another country in violation of the law of that country.

19

(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 Act shall not apply with respect to any marine
mammal taken before the effective date of this Act [December 21, 1972], 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.

Regulations on Taking of Marine Mammals
16 U.S.C. 1373
Sec. 103. (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 2 of this
Act.
(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—

20

The Marine Mammal Protection Act of 1972 as Amended

(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 104;
(2) the age, size, or sex (or any combination of the foregoing) of animals which may
be taken or imported, whether or not a quota prescribed under paragraph (1) of this
subsection applies with respect to such animals;
(3) the season or other period of time within which animals may be taken or imported;
(4) the manner and locations in which animals may be taken or imported; and
(5) fishing techniques which have been found to cause undue fatalities to any species
of marine mammal in a fishery.
(d) [PROCEDURE.] — Regulations prescribed to carry out this section with respect to any
species or stock of marine mammals must be made on the record after opportunity for an
agency hearing on both the Secretary's determination to waive the moratorium pursuant
to section 101(a)(3)(A) 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 Act.
21

(f) [REPORT TO CONGRESS.] — Within six months after the effective date of this Act
[June 21, 1973] 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 Act. His report shall describe those actions taken and those measures believed
necessary, including where appropriate, the issuance of permits pursuant to this title to
assure the well-being of such marine mammals. 2

Permits
16 U.S.C. 1374
Sec. 104. (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 101(a)(5) or 306, 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 103, 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 DISPLAY OR RESEARCH.] —
(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
2

Although the National Marine Fisheries Service and the Fish and Wildlife Service continue to
prepare the reports called for by this provision, the mandatory nature of the reporting requirements
ceased on December 21, 1999, under section 3003 of the Federal Reports Elimination and Sunset
Act of 1995 (Pub. L. 104-66).
22

The Marine Mammal Protection Act of 1972 as Amended

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 Act, 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 Act. 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—

23

(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 section 104(e), seize the
marine mammal, or cooperate with other persons authorized to hold marine mammals
under this Act 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 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).
(3)(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) 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 the date of enactment of the Marine Mammal
Protection Act Amendments of 1994 [August 28, 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.
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The Marine Mammal Protection Act of 1972 as Amended

(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 Act 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.
(4)(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 —
(I) consistent with any conservation plan adopted by the Secretary under
section 115(b) or any recovery plan developed under section 4(f) of the
Endangered Species Act of 1973 for the species or stock, or
(II) if there is no conservation or recovery plan in place, with the
Secretary's evaluation of actions required to enhance the survival or recovery of
the species or stock in light to 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 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).

25

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 113(d).
(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 the date of enactment of this paragraph [April 30, 1996]. 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), issue a permit for the
importation of polar bear parts (other than internal organs) from polar bears taken
in sport hunts in Canada before February 18, 1997, 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
26

The Marine Mammal Protection Act of 1972 as Amended

the provisions of subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3)
of this section, and sections 101 and 102. This subparagraph shall not apply to
polar bear parts that were imported before the effective date of this subparagraph
[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 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 Act
and which is determined under guidance under section 402(a) 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).
27

(C) Any progeny of a marine mammal born in captivity before the date of the
enactment of the Marine Mammal Protection Act Amendments of 1994 [April 30,
1994] and held in captivity for the purpose of public display shall be treated as though
born after that date of enactment.
(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 Act:
(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.
(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 Act and the applicable regulations established under section
103.
(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
28

The Marine Mammal Protection Act of 1972 as Amended

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, United States Code, 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 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 103 of this Act,
(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) 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.

29

(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, 3
(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 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.
(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 103 and to the
requirements of section 101, 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 306 of this Act, subject to the regulations issued pursuant to
section 303 of this Act.
(3)(A) The Secretary shall, commencing on January 1, 1985, undertake a scientific
research program to monitor for at least five consecutive years, and periodically as
necessary thereafter, the indices of abundance and trends of marine mammal population
stocks which are incidentally taken in the course of commercial purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean.
(B) If the Secretary determines, on the basis of the best scientific information
available (including that obtained under the monitoring program), that the incidental
taking of marine mammals permitted under the general permit referred to in paragraph
(2) is having a significant adverse effect on a marine mammal population stock, the
Secretary shall take such action as is necessary, after notice and an opportunity for an
agency hearing on the record, to modify the applicable incidental take quotas or
requirements for gear and fishing practices (or both such quotas and requirements) for
such fishing so as to ensure that the marine mammal population stock is not significantly adversely affected by the incidental taking.
(C) For each year after 1984, the Secretary shall include in his annual report to
the public and the Congress under section 103(f) a discussion of the proposed
activities to be conducted each year as part of the monitoring program required by
subparagraph (A).
3

As in original, probably intended to be “the authorized taking or importation....”
30

The Marine Mammal Protection Act of 1972 as Amended

(D) There are authorized to be appropriated to the Department of Commerce for
purposes of carrying out the monitoring program required under this paragraph not to
exceed $4,000,000 for the period beginning October 1, 1984, and ending September
30, 1988.

Penalties
16 U.S.C. 1375
Sec. 105. (a)(1) Any person who violates any provision or of any permit or regulation
issued thereunder, except as provided in section 118, 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 or of any permit or regulation
issued thereunder (except as provided in section 118) shall, upon conviction, be fined not
more than $20,000 for each such violation, or imprisoned for not more than one year, or
both.

Disposition of Fines
16 U.S.C. 1375a
Sec. [ ] Hereafter, 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.

Vessel Fine, Cargo Forfeiture, and Rewards
16 U.S.C. 1376
Sec. 106. (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 the sale thereof, and the
31

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 Act.
(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 Act. 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.

Enforcement
16 U.S.C. 1377
Sec. 107. (a) [UTILIZATION OF PERSONNEL.] — Except as otherwise provided in this
title, the Secretary shall enforce the provisions of this Act. The Secretary may utilize, by
agreement, the personnel, services, and facilities of any other Federal agency for
purposes of enforcing this title.
(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 Act. 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 magistrates 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 and any
regulations issued thereunder.
(d) [EXECUTION OF PROCESS; ARREST; SEARCH; SEIZURE.] — Any person authorized
by the Secretary to enforce this title may execute any warrant or process issued by any
officer or court of competent jurisdiction for the enforcement of this Act. Such person so
authorized may, in addition to any other authority conferred by law—

32

The Marine Mammal Protection Act of 1972 as Amended

(1) with or without warrant or other process, arrest any person committing in his
presence or view a violation 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, other conveyance, or container subject to the jurisdiction of the
United States or any person on board is in violation of any provision or the regulations
issued thereunder, search such vessel, other conveyance, or container 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 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 mammal
products taken or retained in violation or the regulations issued thereunder and shall
dispose of them in accordance with regulations prescribed by the Secretary.
(e) [DISPOSITION OF SEIZED CARGO.] —
(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 105(a) or (b). All marine mammals 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 105(a) or (b), 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 105(a), 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 105(b), 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 105(a) 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

33

(B) no conviction results from an alleged violation of section 105(b), 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 4 thirty days after the final
disposition of the case involving such alleged violation, commence proceedings for
the assessment of a civil penalty under section 105(a).

International Program
16 U.S.C. 1378
Sec. 108. (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
multinational agreements with other nations for the protection and conservation of all
marine mammals covered by this Act;
(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,
(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;
4

As in original, probably intended to be “within thirty days....”
34

The Marine Mammal Protection Act of 1972 as Amended

(C) negotiations to revise the Convention for the Establishment of an InterAmerican 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 Act 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 Act;
(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 the date of the enactment
of this Act [October 21, 1973] 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
201 of this Act, 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 Act, 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 Act, or both, to make the Convention and this Act consistent with each other.

35

The Secretary shall complete the studies required under this paragraph not later than one
year after the date of enactment of this Act [October 21, 1973] 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 Act 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 and remain at their optimum sustainable population, or (ii) make
the Convention and this Act 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), as well as any proposals
for further action to achieve the purposes of that subsection, in the report required under
section 103(f).

Federal Cooperation with States
16 U.S.C. 1379
Sec. 109. (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).
(b) [FINDINGS PREREQUISITE TO TRANSFER OF AUTHORITY; STATE PROGRAM;
IMPLEMENTATION.] —
(1) Subject to paragraph (2) and subsection (f), 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 Act and with
international treaty obligations;
(B) requires that all taking of the species be humane;
36

The Marine Mammal Protection Act of 1972 as Amended

(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)—
(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), such an 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)), 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 that 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); and
(H) provides for the submission of an annual report to the Secretary regarding the
administration of 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
101; and
(B) the Secretary shall continue to regulate, under this title, 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), if required, is implemented for such species—

37

(A) such determination shall be treated, for purposes of applying this title beyond
the territory of the State, as a determination made in accordance with section 103 and
as an applicable waiver under section 101(a)(3);
(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 101(a)(2) or (4)), or in the course of other specified
activities provided for under section 101(a)(5), in the zone described in section
3(14)(B), and 5
(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 101(a)(1)
after the date of the enactment of the 1981 amendment to this subsection
[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 101(b) shall not apply.
(c) [STANDARDS WITH WHICH STATE PROCESS MUST COMPLY.] — The State process
required under subsection (b)(1)(C) 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

5

The wording of this section predates enactment of section 118, which now governs the incidental
taking of marine mammals in commercial fisheries rather than section 101(a)(2) or (4).
38

The Marine Mammal Protection Act of 1972 as Amended

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, United States Code, 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 subsection (b) 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 302 of the Act of April 13, 1976 (16 U.S.C. 1852)) 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), 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 101(a) within the zone described in section 3(14)(B). 6
(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 3(14)(B) 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 101(a) within such zone. The Secretary shall
adopt such provisions through the issuance of regulations under section 553 of Title 5,
United States Code, and with respect to such issuance the Regulatory Flexibility Act, the
Paperwork Reduction Act, Executive Order No. 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 105, 106, and 107, such regulations shall be treated as having been
issued under this title.
(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) 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).
(2)(A) The Secretary may not revoke a transfer of management authority under
paragraph (1) unless—

6

Section 109(d)(2) was not amended when section 3(14) was redesignated as section 3(15) by
Pub. L. 102-582. Reference to section 3(14)(B) should be to section 3(15)(B).
39

(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
Act (and in the case of Alaskan Natives, section 101(b) 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) 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—
(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

40

The Marine Mammal Protection Act of 1972 as Amended

(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), nor the revocation or
voluntary return of such authority under subsection (e), shall be deemed to be an action
for which an environmental impact statement is required under section 102 of the
National Environmental Policy Act of 1969.
(h) [TAKING OF MARINE MAMMALS AS PART OF OFFICIAL DUTIES.] —
(1) Nothing in this title or title IV shall prevent a Federal, State, or local government
official or employee or a person designated under section 112(c) 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 title shall prevent the Secretary or a person designated under
section 112(c) 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.

41

(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 101(b).
(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), 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 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 Act: Provided, That any such arrangement shall contain such
provisions as the Secretary deems appropriate to insure that the purposes and policies of
this Act 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.

Marine Mammal Research Grants
16 U.S.C. 1380
Sec. 110. (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 103(f).
42

The Marine Mammal Protection Act of 1972 as Amended

(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 the date of enactment of the Marine Mammal Protection
Act Amendments of 1994 [April 30, 1995], 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 the date of enactment of the Marine Mammal Protection Act Amendments of 1994 [October 27, 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.
43

(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 103(f) and 204 of this Act.

Commercial Fisheries Gear Development
16 U.S.C. 1381
Sec. 111. (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 the date of the enactment of this Act
[October 21, 1974], 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 101(a)(2),
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, United States Code. 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 Inter-American Tropical Tuna Commission in order to effect essential
compliance with the regulatory provisions of this Act 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
44

The Marine Mammal Protection Act of 1972 as Amended

or in any way interfere with the research or observation being carried out by agents of the
Secretary pursuant to this section.

Regulations and Administration
16 U.S.C. 1382
Sec. 112. (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 Act.
(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 Act.
(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 title or title IV 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 land. 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 7 policies of this
Act, he shall suspend the operation of that program and shall include in the annual report
to the public and the Congress required under section 103(f) of this Act 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 117 or other significant new
information obtained under this Act, 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.

Application to Other Treaties and Conventions
16 U.S.C. 1383
Sec. 113. (a) [IN GENERAL; WAIVER OF PENALTIES.] — The provisions of this Act
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
7

As in original, probably intended to be “with the purposes or policies....”
45

provisions of this Act in order to effect essential compliance with the regulatory
provisions of this Act so as to reduce to the lowest practicable level the taking of marine
mammals incidental to commercial fishing operations, section 105 of this Act may not
apply to such persons.
(b) [REVIEW OF EFFECTIVENESS OF AGREEMENT ON THE CONSERVATION OF POLAR
BEARS.] — Not later than 1 year after the date of enactment of the Marine Mammal
Protection Act Amendments of 1994 [April 30, 1995], 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 April 12, 1995.
(d) [CONSULTATION REGARDING AGREEMENT ON THE CONSERVATION OF POLAR
BEARS IN ALASKA AND IN RUSSIA; REPORT.] — Not later than 6 months after the date
of enactment of the Marine Mammal Protection Act Amendments of 1994 [October 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.

Interim Exemption for Commercial Fisheries 8
16 U.S.C. 1383a
Sec. 114. (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 the date of enactment of this section [November
23, 1988] and until superseded by regulations prescribed under section 118, or until
September 1, 1995, whichever is earlier, except as provided in paragraph (2), the
provisions of this section, rather than sections 101, 103, and 104, 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 204(b) of the Magnuson-Stevens
8

Section 114 governed the taking of marine mammals incidental to commercial fishing operations
beginning in 1988 until superseded by implementation of section 118. In general, readers should
refer to section 118, rather than section 114, concerning the Act’s provisions governing such
taking.
46

The Marine Mammal Protection Act of 1972 as Amended

Fishery Conservation and Management Act. 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) shall not govern the
incidental taking of marine mammals in the course of commercial yellowfin tuna fishing
subject to section 104(h)(2).
(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 the date of enactment of this section [January 23, 1989] 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 the date of enactment of this section [March 24, 1989] 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), 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—
(i) is a vessel of the United States; or
47

(ii) has a valid fishing permit issued by the Secretary in accordance with
section 204(b) of the Magnuson-Stevens Fishery Conservation and Management
Act.
(C) Notwithstanding any other provision of this Act, 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 the date of enactment of this
section [July 22, 1989], 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).
(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 9 of the master of the
vessel,
and the master of any such vessel engaged in such fishery, shall be deemed to have
violated this title, and shall be subject to the penalties of this Act except in the case of
unknowing violations before January l, 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 title for the incidental

9

As in original, probably intended to be “or is in the possession of the master....”

48

The Marine Mammal Protection Act of 1972 as Amended

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 title 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) 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 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.
49

(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), 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).
(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) 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.

50

The Marine Mammal Protection Act of 1972 as Amended

(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, 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).
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).
(4) Information gathered by observers shall be subject to the provisions of subsection
(j). Consistent with the requirements of paragraph (1), the Secretary shall, if requested by
the Appropriate 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 104 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.
51

(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). All information collected shall be subject to
the provisions of subsection (j).
(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 SEVERE IMPACTS;
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), 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

52

The Marine Mammal Protection Act of 1972 as Amended

(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), 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) 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), 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).
(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 prescribed by the Secretary to compensate employees (or their
survivors) adequately for any illness, disability, injury, or death from service on a vessel.

53

(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 104(h)(2), after October 1, 1993. Such guidelines shall be developed by the
Commission and its Committee of Scientific Advisers 10 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 Act; 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

10

As in original probably intended to be “Advisors,” as used elsewhere in the Act.
54

The Marine Mammal Protection Act of 1972 as Amended

(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 104(h)(2), 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, 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
104(h)(2), 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 title.
(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.

55

(o) [DEFINITIONS.] — As used in this section—
(1) the term “fishery” has the same meaning as it does in section 3(8) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(8)).
(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, United States Code, or a fish processing vessel as defined
in section 2101(11b) of that title, which is engaged in fishery. 11
(4) the term “vessel of the United States” has the same meaning as it does in section
3(27) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802(27)).

Status Review; Conservation Plans
16 U.S.C. 1383b
Sec. 115. (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
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—

11

As in original, probably intended to be “which is engaged in a fishery.”
56

The Marine Mammal Protection Act of 1972 as Amended

(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 title.
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, United States Code, 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
title, 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 4(f) of the Endangered Species Act of 1973 (16 U.S.C.
1533(f)).
(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
57

prepared under section 103(f) 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 118(f)(1), any conservation
plan prepared under this subsection for such species or stock shall incorporate the take
reduction plan required under section 118 for such species or stock.

Authorization of Appropriations
16 U.S.C. 1384
Sec. 116. (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 title (other than
sections 117 and 118) and title IV, $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 sections 117 and 118, $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 title, $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.

Dolphin Protection12
16 U.S.C. 1385
Sec. [ ] (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;

12

The Dolphin Protection Consumer Information Act, enacted as section 901 of Pub. L. 101-627,
technically is not part of the Marine Mammal Protection Act. It, however, has been codified at 16
U.S.C. 1385, as though it were.

58

The Marine Mammal Protection Act of 1972 as Amended

(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 the 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 less than 3 days.
(d) LABELING STANDARD. —
(1) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45)
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

59

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 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);
(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); 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.
(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.
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(C) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C.
45) 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); 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 5 of the Federal Trade Commission Act (15 U.S.C.
45) 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) that is false is liable for a civil penalty of
not to exceed $100,000 assessed in an action brought 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). 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).

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(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).
(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.
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 304(a) of the Marine
Mammal Protection Act of 1972, 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 304(a) of the Marine Mammal Protection
Act of 1972, 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 BY OBSERVER.—
(1) Unless otherwise required by paragraph (2), the certification by the captain under
subsection (d)(2)(B)(i) and the certification provided by the observer as specified in
subsection (d)(2)(B)(ii) 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) and the certification
provided by the observer as specified under subsection (d)(2)(B)(ii) 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

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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);
(B) after the effective date of such initial finding and before the effective date of
the finding of the Secretary under subsection (g)(2), 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), where such
finding is that the intentional deployment of or encirclement of dolphins is having a
significant adverse impact on any such depleted stock.

Stock Assessments
16 U.S.C. 1386
Sec. 117. (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), 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—

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(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 101(b) 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 101(b).
(3) After consideration of the best scientific information available, the advice of the
appropriate regional scientific review group established under subsection (d), 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. —
(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).
(d) REGIONAL SCIENTIFIC REVIEW GROUPS. —
(1) Not later than 60 days after the date of enactment of this section [June 29, 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
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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 101(b). 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 101(b). — This section shall not affect or otherwise modify the
provisions of section 101(b).

Taking of Marine Mammals Incidental to
Commercial Fishing Operations
16 U.S.C. 1387
Sec. 118. (a) IN GENERAL. —
(1) Effective on the date of enactment of this section [April 30, 1994], and except as
provided in section 114 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
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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 204(b) of the Magnuson-Stevens Fishery Conservation and Management Act. 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 the date of enactment of this section [April 30, 2001].
(2) In the case of the incidental taking of marine mammals from species or stocks
designated under this Act as depleted on the basis of their listing as threatened species or
endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
both this section and section 101(a)(5)(E) of this Act shall apply.
(3) Sections 104(h) and title III, 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 101(c), the intentional lethal take of any marine
mammal in the course of commercial fishing operations is prohibited.
(6) Sections 103 and 104 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 the date of enactment of this section [April 30, 2001].
(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 such date of enactment [April 30, 1997], 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).

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(c) REGISTRATION AND AUTHORIZATION. —
(1) The Secretary shall, within 90 days after the date of enactment of this section
[July 29, 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 114(b)(1) 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 Act 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 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 204(b) of the Magnuson-Stevens Fishery Conservation and Management
Act.

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(C) Except as provided in subsection (a), an authorization granted under this
section shall allow the incidental taking of all species and stocks of marine mammals
to which this Act applies.
(3)(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 114 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); 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 title, and for violations of clauses (i) and (ii) shall be subject to the
penalties of this Act, 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 title for the
incidental taking of marine mammals while such vessel is engaged in a fishery to
which the authorization applies.

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(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 title for the incidental taking of marine
mammals if such owner reports to the Secretary, in the form and manner required
under subsection (e), instances of incidental mortality or injury of marine mammals in
the course of that fishery.
(4)(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) and such 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 114 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 105 and 107, and may be subject to
section 106.
(5)(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); and
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(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 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

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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).
(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 Act 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.

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(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), 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) 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 117. 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 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), 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 117(b) 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 117, 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.
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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 117(b) for a strategic stock, the Secretary shall, and
for stocks that interact with a fishery listed under subsection (c)(1)(A)(i) 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 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 117 for such stock and such stock interacts with a fishery listed under
subsection (c)(1)(A) (i) or (ii), 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.

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(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
117 for such stock and such stock interacts with a fishery listed under subsection
(c)(1)(A) (i) or (ii), or for any marine mammal stocks which interact with a commercial
fishery listed under subsection (c)(1)(A)(i) 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.

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(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 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), 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.

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(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
117(b)(3) by April 1, 1995, due to a proceeding under section 117(b)(2), 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
117(b)(1) 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
117(b)(3) 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 117(a)(5)(A) 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 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.
(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.

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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) 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), 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.

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(h) PENALTIES. — Except as provided in subsection (c), any person who violates this
section shall be subject to the provisions of sections 105 and 107, and may be subject to
section 106 as the 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 title.
(l) DEFINITIONS. — As used in this section and section 101(a)(5)(E), each of the terms
“fishery” and “vessel of the United States” has the same meaning it does in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

Marine Mammal Cooperative Agreements in Alaska
16 U.S.C. 1388
Sec. 119. (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.

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(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 116.

Pacific Coast Task Force; Gulf of Maine
16 U.S.C. 1389
Sec. 120. (a) PINNIPED REMOVAL AUTHORITY. — Notwithstanding any other provision
of this Act, 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 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 PinnipedFishery 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.

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(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.);
(2) depleted under this Act; or
(3) a strategic stock.

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(f) TEMPORARY MARINE MAMMAL REMOVAL AUTHORITY ON THE WATERS OF THE
COLUMBIA RIVER OR ITS TRIBUTARIES. —
(1) REMOVAL AUTHORITY. — Notwithstanding any other provision of this Act,
the Secretary may issue a permit to an eligible entity to authorize the intentional lethal
taking on the waters of the Columbia River and its tributaries of individually identifiable
sea lions that are part of a population or stock that is not categorized under this Act as
depleted or strategic for the purpose of protecting—
(A) species of salmon, steelhead, or eulachon that are listed as endangered
species or threatened species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(B) species of lamprey or sturgeon that are not so listed as endangered or
threatened but are listed as a species of concern.
(2) PERMIT PROCESS. —
(A) IN GENERAL. — An eligible entity may apply to the Secretary for a permit
under this subsection.
(B) TIMELINES AND PROCEDURES OF APPLICATION. — The timelines and
procedures described in subsection (c) shall apply to applications for permits under
this subsection in the same manner such timelines apply to applications under
subsection (b).
(C) COORDINATION. — The Secretary shall establish procedures to coordinate
issuance of permits under this subsection, including application procedures and
timelines, delegation and revocation of permits to and between eligible entities,
monitoring, periodic review, and geographic, seasonal take, and species-specific
considerations.
(D) DURATION OF PERMIT. — A permit under this subsection shall be effective
for a period of not more than 5 years, and may be renewed by the Secretary.
(3) LIMITATIONS ON ANNUAL TAKINGS. — The Secretary shall apply the
process for determining limitations on annual take of sea lions under subsection (c) to
determinations on limitations under this subsection, and the cumulative number of sea
lions authorized to be taken each year under all permits in effect under this subsection
shall not exceed 10 percent of the annual potential biological removal level for sea lions.
(4) QUALIFIED INDIVIDUALS. — Intentional lethal takings under this subsection
shall—
(A) be humane within the meaning of such term under section 3(4);
(B) require that capture, husbandry, transportation, and euthanasia protocols are
based on standards propagated by an Institutional Animal Care and Use Committee
and that primary euthanasia be limited to humane chemical methods; and
(C) be implemented by agencies or qualified individuals described in subsection
(c)(4), or by individuals employed by the eligible entities described in paragraph (6).

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(5) SUSPENSION OF PERMITTING AUTHORITY. — If, 5 years after the date of
the enactment of the Endangered Salmon Predation Prevention Act, the Secretary, after
consulting with State and tribal fishery managers, determines that lethal removal
authority is no longer necessary to protect salmonid and other fish species from sea lion
predation, the Secretary shall suspend the issuance of permits under this subsection.
(6) ELIGIBLE ENTITY DEFINED. —
(A) DEFINITION. — In this subsection, the term “eligible entity” means—
(i) with respect to removal in the mainstem of the Columbia River, from river
mile 112 to the McNary Dam and its tributaries in the State of Washington, and
its tributaries in the State of Oregon above Bonneville Dam, the State of
Washington, the State of Oregon, and the State of Idaho;
(ii) with respect to removal in the mainstem Columbia River from river mile
112 to the McNary Dam and its tributaries within the State of Washington and in
any of its tributaries above Bonneville Dam within the State of Oregon, the Nez
Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the
Confederated Tribes of the Warm Springs Reservation of Oregon, and the
Confederated Tribes and Bands of the Yakama Nation; and
(iii) with respect to removal in the Willamette River and other tributaries of
the Columbia River within the State of Oregon below Bonneville Dam, a
committee recognized by the Secretary under subparagraph (D).
(B) DELEGATION AUTHORITY. — The Secretary may allow eligible entities
described in clause (i) or (ii) of subparagraph (A) to delegate their authority under a
permit under this subsection to the Columbia River Intertribal Fish Commission for
removal in the mainstem of the Columbia River above river mile 112 and below
McNary Dam, in the Columbia River tributaries in the State of Washington, or in
tributaries within the State of Oregon above Bonneville Dam and below McNary
Dam.
(C) ADDITIONAL DELEGATION AUTHORITY. — The Secretary may allow
an eligible entity described in subparagraph (A)(i) to delegate its authority under a
permit under this subsection to any entity described in subclause (i) or (ii) of
subparagraph (A) with respect to removal in the mainstem of the Columbia River
above river mile 112 and below McNary Dam, in the Columbia River tributaries in the
State of Washington, or in tributaries in the State of Oregon above Bonneville Dam
and below McNary Dam.
(D) COMMITTEE REQUIREMENTS. —
(i) IN GENERAL. — The Secretary shall recognize a committee established
in accordance with this subparagraph as being eligible for a permit under this
subsection, for purposes of subparagraph (A)(iii).
(ii) MEMBERSHIP. — A committee established under this subparagraph
shall consist of the State of Oregon and each of the following:
(I) The Confederated Tribes of Siletz Indians or the Confederated Tribes
of the Grand Ronde Community, or both.
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(II) The Confederated Tribes of the Warm Springs or the Confederated
Tribes of the Umatilla Reservation, or both.
(iii) MAJORITY AGREEMENT REQUIRED. — A committee established
under this subparagraph may take action with respect to a permit application and
removal under this subsection only with majority agreement by the committee
members.
(iv) NONAPPLICABILITY OF FACA. — The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to a committee established under this
subparagraph.
(7) INDIVIDUAL EXCEPTION. — For purposes of this subsection, any sea lion
located upstream of river mile 112 and downstream of McNary Dam, or in any tributary
to the Columbia River that includes spawning habitat of threatened or endangered salmon
or steelhead is deemed to be individually identifiable.
(8) SIGNIFICANT NEGATIVE IMPACT EXCEPTION. — For purposes of this
subsection, any sea lion located in the mainstem of the Columbia River upstream of river
mile 112 and downstream of McNary Dam, or in any tributary to the Columbia River that
includes spawning habitat of threatened or endangered salmon or steelhead is deemed to
be having a significant negative impact, within the meaning of subsection (b)(1).
(9) DEFINITION. — In this subsection, the term “Indian tribe” has the meaning given
such term in section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(g) REGION WIDE 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.

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(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).
(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 the date of enactment of this section [April 30, 1996],
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 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 117 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 118 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 118(f)(5)(A), but in no case may such modification extend the
date of compliance beyond April 1, 1997.

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TITLE II—Marine Mammal Commission
Establishment of Commission
16 U.S.C. 1401
Sec. 201. (a) [DESIGNATION.] — There is hereby established the Marine Mammal
Commission (hereafter referred to in this title 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 title 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, United States Code, 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, United States Code, 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, United States Code,
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, United States Code. The Executive
Director shall have such duties as the Chairman may assign.

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Duties of Commission
16 U.S.C. 1402
Sec. 202. (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, the Interim Convention on the Conservation of North Pacific
Fur Seals, and the Fur Seal Act of 1966;
(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 Act, 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 4(c)(1) of the Endangered Species
Act of 1973, 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
Act, including provisions for the protection of the Indians, Eskimos, and Aleuts whose
livelihood may be adversely affected by actions taken pursuant to this Act.
(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
204, 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, United States Code.
(d) [RECOMMENDATIONS; EXPLANATION FOR NON-ADOPTION.] — 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
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referred to the Commission together with a detailed explanation of the reasons why those
recommendations were not followed or adopted.

Committee of Scientific Advisors
On Marine Mammals
16 U.S.C. 1403
Sec. 203. (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 title 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.] — 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, United States Code, 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, United States Code, for persons in Government
service employed intermittently.
(c) [CONSULTATION WITH COMMISSION ON STUDIES AND RECOMMENDATIONS;
EXPLANATION FOR NON-ADOPTION.] — 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 Act, 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.

Commission Reports
16 U.S.C. 1404
Sec. 204. The Commission shall transmit to Congress, by January 31 of each year, a
report which shall include—
(1) a description of the activities and accomplishments of the Commission during the
immediately preceding year; and
(2) all the findings and recommendations made by and to the Commission pursuant to
section 202 of this Act together with the responses made to these recommendations. 13

13

Although the Marine Mammal Commission continues to prepare an annual report, the
mandatory nature of this reporting requirement ceased on December 21, 1999, under section 3003
of the Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104-66).
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Coordination with Other Federal Agencies
16 U.S.C. 1405
Sec. 205. 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 Act.

Administration of Commission
16 U.S.C. 1406
Sec. 206. The Commission, in carrying out its responsibilities under this title, 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, United States Code (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 title; 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.

Authorization of Appropriations
16 U.S.C. 1407
Sec. 207. There are authorized to be appropriated to the Marine Mammal Commission,
for purposes of carrying out this title, $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.

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TITLE III—International Dolphin Conservation
Program
Findings and Policy
16 U.S.C. 1411
Sec. 301. (a) FINDINGS. — The Congress finds the following:
(1) The yellowfin tuna fishery of the eastern tropical Pacific Ocean has resulted in the
deaths of millions of dolphins.
(2) Significant awareness and increased concern for the health and safety of dolphin
populations has encouraged a change in fishing methods worldwide.
(3) United States tuna fishing vessels have led the world in the development of fishing
methods to reduce dolphin mortalities in the eastern tropical Pacific Ocean and United
States tuna processing companies have voluntarily promoted the marketing of tuna that is
dolphin safe.
(4) Nations harvesting yellowfin tuna in the eastern tropical Pacific Ocean have
demonstrated their willingness to participate in appropriate multilateral agreements to
reduce dolphin mortality progressively to a level approaching zero through the setting of
annual limits, with the goal of eliminating dolphin mortality in that fishery. Recognition
of the International Dolphin Conservation Program will assure that the existing trend of
reduced dolphin mortality continues, that individual stocks of dolphins are adequately
protected; and that the goal of eliminating all dolphin mortality continues to be a priority.
(b) POLICY. — It is the policy of the United States to—
(1) eliminate the marine mammal mortality resulting from the intentional encirclement
of dolphins and other marine mammals in tuna purse seine fisheries;
(2) support the International Dolphin Conservation Program and efforts within the
Program to reduce, with the goal of eliminating, the mortality referred to in paragraph
(1);
(3) ensure that the market of the United States does not act as an incentive to the
harvest of tuna caught with driftnets or caught by purse seine vessels in the eastern
tropical Pacific Ocean not operating in compliance with the International Dolphin
Conservation Program;
(4) secure appropriate multilateral agreements to ensure that United States tuna fishing
vessels shall have continued access to productive tuna fishing grounds in the South
Pacific Ocean and elsewhere; and
(5) encourage observer coverage on purse seine vessels fishing for tuna outside of the
eastern tropical Pacific Ocean in a fishery in which the Secretary has determined that a
regular and significant association occurs between marine mammals and tuna, and in
which tuna is harvested through the use of purse seine nets deployed on or to encircle
marine mammals.

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International Dolphin Conservation Program
16 U.S.C. 1412
Sec. 302. The Secretary of State, in consultation with the Secretary, shall seek to secure a
binding international agreement to establish an International Dolphin Conservation
Program that requires–
(1) that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna
in the eastern tropical Pacific Ocean shall not exceed 5,000 animals with a commitment
and objective to progressively reduce dolphin mortality to a level approaching zero
through the setting of annual limits;
(2) the establishment of a per-stock per-year dolphin mortality limit, to be in effect
through calendar year 2000, at a level between 0.2 percent and 0.1 percent of the
minimum population estimate, as calculated, revised, or approved by the Secretary;
(3) the establishment of a per-stock per-year dolphin mortality limit, beginning with
the calendar year 2001, at a level less than or equal to 0.1 percent of the minimum
population estimate as calculated, revised, or approved by the Secretary;
(4) that if a dolphin mortality limit is exceeded under-(A) paragraph (1), all sets on dolphins shall cease for the applicable fishing year;
and
(B) paragraph (2) or (3), all sets on the stocks covered under paragraph (2) or (3)
and any mixed schools that contain any of those stocks shall cease for the applicable
fishing year;
(5) a scientific review and assessment to be conducted in calendar year 1998 to-(A) assess progress in meeting the objectives set for calendar year 2000 under
paragraph (2); and
(B) as appropriate, consider recommendations for meeting these objectives;
(6) a scientific review and assessment to be conducted in calendar year 2000-(A) to review the stocks covered under paragraph (3); and
(B) as appropriate to consider recommendations to further the objectives set
under that paragraph;
(7) the establishment of a per vessel maximum annual dolphin mortality limit
consistent with the established per-year mortality limits, as determined under paragraphs
(1) through (3); and
(8) the provision of a system of incentives to vessel captains to continue to reduce
dolphin mortality, with the goal of eliminating dolphin mortality.

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Regulatory Authority of the Secretary
16 U.S.C. 1413
Sec. 303. (a) REGULATIONS.–
(1) The Secretary shall issue regulations, and revise those regulations as may be
appropriate, to implement the International Dolphin Conservation Program.
(2)(A) The Secretary shall issue regulations to authorize and govern the taking of
marine mammals in the eastern tropical Pacific Ocean, including any species of marine
mammal designated as depleted under this Act but not listed as endangered or threatened
under the Endangered Species Act (16 U.S.C. 1531 et seq.), by vessels of the United
States participating in the International Dolphin Conservation Program.
(B) Regulations issued under this section shall include provisions–
(i) requiring observers on each vessel;
(ii) requiring use of the backdown procedure or other procedures equally or
more effective in avoiding mortality of, or serious injury to, marine mammals in
fishing operations;
(iii) prohibiting intentional sets on stocks and schools in accordance with the
International Dolphin Conservation Program;
(iv) requiring the use of special equipment, including dolphin safety panels in
nets, monitoring devices as identified by the International Dolphin Conservation
Program to detect unsafe fishing conditions that may cause high incidental
dolphin mortality before nets are deployed by a tuna vessel, operable rafts,
speedboats with towing bridles, floodlights in operable condition, and diving
masks and snorkels;
(v) ensuring that the backdown procedure during sets of purse seine net on
marine mammals is completed and rolling of the net to sack up has begun no
later than 30 minutes before sundown;
(vi) banning the use of explosive devices in all purse seine operations;
(vii) establishing per vessel maximum annual dolphin mortality limits, total
dolphin morality limits and per-stock per-year mortality limits in accordance with
the International Dolphin Conservation Program;
(viii) preventing the making of intentional sets on dolphins after reaching
either the vessel maximum annual dolphin mortality limits, total dolphin mortality limits, or per-stock per-year mortality limits;
(ix) preventing the fishing on dolphins by a vessel without an assigned vessel
dolphin mortality limit;
(x) allowing for the authorization and conduct of experimental fishing
operations, under such terms and conditions as the Secretary may prescribe, for
the purpose of testing proposed improvements in fishing techniques and equipment that may reduce or eliminate dolphin mortality or serious injury do not
91

require the encirclement of dolphins in the course of commercial yellowfin tuna
fishing;
(xi) authorizing fishing within the area covered by the International Dolphin
Conservation Program by vessels of the United States without the use of special
equipment or nets if the vessel takes an observer and does not intentionally
deploy nets on, or encircle, dolphins, under such terms and conditions as the
Secretary may prescribe; and
(xii) containing such other restrictions and requirements as the Secretary
determines are necessary to implement the International Dolphin Conservation
Program with respect to vessels of the United States.
(C) ADJUSTMENTS TO REQUIREMENTS.–The Secretary may make such adjustments as may be appropriate to requirements of subparagraph (B) that pertain to
fishing gear, vessel equipment, and fishing practices to the extent the adjustments are
consistent with the International Dolphin Conservation Program.
(b) CONSULTATION.–In developing any regulation under this section, the Secretary shall
consult with the Secretary of State, the Marine Mammal Commission, and the United
States Commissioners to the Inter-American Tropical Tuna Commission appointed under
section 3 of the Tuna Conventions Act of 1950 (16 U.S.C. 952).
(c) EMERGENCY REGULATIONS.–
(1) If the Secretary determines, on the basis of the best scientific information available
(including research conducted under section 304 and information obtained under the
International Dolphin Conservation Program) that the incidental mortality and serious
injury of marine mammals authorized under this title is having, or is likely to have, a
significant adverse impact on a marine mammal stock or species, the Secretary shall-(A) notify the Inter-American Tropical Tuna Commission of his or her determination, along with recommendations to the Commission as to actions necessary to
reduce incidental mortality and serious injury and mitigate such adverse impact; and
(B) prescribe emergency regulations to reduce incidental mortality and serious
injury and mitigate such adverse impact.
(2) Before taking action under subparagraph (A) or (B) of paragraph (1), the Secretary
shall consult with the Secretary of State, the Marine Mammal Commission, and the
United States Commissioners to the Inter-American Tropical Tuna Commission.
(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 the duration of the applicable fishing year; 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 the emergency no longer exist.

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(4) If the Secretary finds that the incidental mortality and serious injury of marine
mammals in the yellowfin tuna fishery in the eastern tropical Pacific Ocean is continuing
to have a significant adverse impact on a stock or species, the Secretary may extend the
emergency regulations for such additional periods as may be necessary.
(5) Within 120 days after the Secretary notifies the United States Commissioners to
the Inter-American Tropical Tuna Commission of the Secretary's determination under
paragraph (1)(A), the United States Commissioners shall call for a special meeting of the
Commission to address the actions necessary to reduce incidental mortality and serious
injury and mitigate the adverse impact which resulted in the determination. The
Commissioners shall report the results of the special meeting in writing to the Secretary
and to the Secretary of State. In their report, the Commissioners shall–
(A) include a description of the actions taken by the harvesting nations or under
the International Dolphin Conservation Program to reduce the incidental mortality and
serious injury and measures to mitigate the adverse impact on the marine mammal
species or stock;
(B) indicate whether, in their judgment, the actions taken address the problem
adequately; and
(C) if they indicate that the actions taken do not address the problem adequately,
include recommendations of such additional action to be taken as may be necessary.

Research
16 U.S.C. 1414
Sec. 304. (a) REQUIRED RESEARCH.–
(1) IN GENERAL.–The Secretary shall, in consultation with the Marine Mammal
Commission and the Inter-American Tropical Tuna Commission, conduct a study of the
effect of intentional encirclement (including chase) on dolphins and dolphin stocks
incidentally taken in the course of purse seine fishing for yellowfin tuna in the eastern
tropical Pacific Ocean. The study, which shall commence on October 1, 1997, shall
consist of abundance surveys as described in paragraph (2) and stress studies as described
in paragraph (3), and shall address the question of whether such encirclement is having a
significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific
Ocean.
(2) POPULATION ABUNDANCE SURVEYS.–The abundance surveys under this subsection shall survey the abundance of such depleted stocks and shall be conducted during
each of the calendar years 1998, 1999, and 2000.
(3) STRESS STUDIES.–The stress studies under this subsection shall include–
(A) a review of relevant stress-related research and a 3-year series of necropsy
samples from dolphins obtained by commercial vessels;
(B) a 1-year review of relevant historical demographic and biological data related
to dolphins and dolphin stocks referred to in paragraph (1); and

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(C) an experiment involving the repeated chasing and capturing of dolphins by
means of intentional encirclement.
(4) REPORT.--No later than 90 days after publishing the finding under subsection
(g)(2) of the Dolphin Protection Consumer Information Act, the Secretary shall complete
and submit a report containing the results of the research described in this subsection to
the United States Senate Committee on Commerce, Science, and Transportation and the
United States House of Representative Committees on Resources and on Commerce, and
to the Inter-American Tropical Tuna Commission.
(b) OTHER RESEARCH. –
(1) IN GENERAL.--In addition to conducting the research described in subsection (a),
the Secretary shall, in consultation with the Marine Mammal Commission and in
cooperation with the nations participating in the International Dolphin Conservation
Program and the Inter-American Tropical Tuna Commission, undertake or support
appropriate scientific research to further the goals of the International Dolphin Conservation Program.
(2) SPECIFIC AREAS OF RESEARCH.–Research carried out under paragraph (1) may
include–
(A) projects to devise cost-effective fishing methods and gear so as to reduce,
with the goal of eliminating, the incidental mortality and serious injury of marine
mammals in connection with commercial purse seine fishing in the eastern tropical
Pacific Ocean;
(B) projects to develop cost-effective methods of fishing for mature yellowfin
tuna without setting nets on dolphins or other marine mammals;
(C) projects to carry out stock assessments for those marine mammal species and
marine mammal stocks taken in the purse seine fishery for yellowfin tuna in the
eastern tropical Pacific Ocean, including species or stocks not within waters under the
jurisdiction of the United States; and
(D) projects to determine the extent to which the incidental take of non-target
species, including juvenile tuna, occurs in the course of purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean, the geographic location of the
incidental take, and the impact of that incidental take on tuna stocks and non-target
species.
(c) AUTHORIZATION OF APPROPRIATIONS.–
(1) There are authorized to be appropriated to the Secretary the following amounts, to
be used by the Secretary to carry out the research described in subsection (a):
(A) $4,000,000 for fiscal year 1998.
(B) $3,000,000 for fiscal year 1999.
(C) $4,000,000 for fiscal year 2000.
(D) $1,000,000 for fiscal year 2001.
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The Marine Mammal Protection Act of 1972 as Amended

(2) In addition to the amount authorized to be appropriated under paragraph (1), there
are authorized to be appropriated to the Secretary for carrying out this section $3,000,000
for each of the fiscal years 1998, 1999, 2000, and 2001.

Reports by the Secretary
16 U.S.C. 1415
Sec. 305. Notwithstanding section 103(f), the Secretary shall submit annual reports to the
Congress which include–
(1) results of research conducted pursuant to section 304;
(2) a description of the status and trends of stocks of tuna;
(3) a description of the efforts to assess, avoid, reduce, and minimize the bycatch of
juvenile yellowfin tuna and bycatch of non-target species;
(4) a description of the activities of the International Dolphin Conservation Program
and of the efforts of the United States in support of the program's goals and objectives,
including the protection of dolphin stocks in the eastern tropical Pacific Ocean, and an
assessment of the effectiveness of the program;
(5) actions taken by the Secretary under section 101(a)(2)(B) and section 101(d);
(6) copies of any relevant resolutions and decisions of the Inter-American Tropical
Tuna Commission, and any regulations promulgated by the Secretary under this title; and
(7) any other information deemed relevant by the Secretary.

Permits
16 U.S.C. 1416
Sec. 306. (a) IN GENERAL.–
(1) Consistent with the regulations issued pursuant to section 303, the Secretary shall
issue a permit to a vessel of the United States authorizing participation in the
International Dolphin Conservation Program and may require a permit for the person
actually in charge of and controlling the fishing operation of the vessel. The Secretary
shall prescribe such procedures as are necessary to carry out this subsection, including
requiring the submission of–
(A) the name and official number or other identification of each fishing vessel for
which a permit is sought, together with the name and address of the owner thereof;
and
(B) the tonnage, hold capacity, speed, processing equipment, and type and
quantity of gear, including an inventory of special equipment required under section
303, with respect to each vessel.

95

(2) The Secretary is authorized to charge a fee for granting an authorization and
issuing a permit under this section. The level of fees charged under this paragraph may
not exceed the administrative cost incurred in granting an authorization and issuing a
permit. Fees collected under this paragraph shall be available to the Under Secretary of
Commerce for Oceans and Atmosphere for expenses incurred in granting authorization
and issuing permits under this section.
(3) After the effective date of the International Dolphin Conservation Program Act, no
vessel of the United States shall operate in the yellowfin tuna fishery in the eastern
tropical Pacific Ocean without a valid permit issued under this section.
(b) PERMIT SANCTIONS.–
(1) In any case in which–
(A) a vessel for which a permit has been issued under this section has been used
in the commission of an act prohibited under section 307;
(B) the owner or operator of any such vessel or any other person who has applied
for or been issued a permit under this section has acted in violation of section 307; or
(C) any civil penalty or criminal fine imposed on a vessel, owner or operator of a
vessel, or other person who has applied for or been issued a permit under this section
has not been paid or is overdue, the Secretary may–
(i) revoke any permit with respect to such vessel, with or without prejudice to
the issuance of subsequent permits;
(ii) suspend such permit for a period of time considered by the Secretary to be
appropriate;
(iii) deny such permit; or
(iv) impose additional conditions or restrictions on any permit issued to, or
applied for by, any such vessel or person under this section.
(2) In imposing a sanction under this subsection, the Secretary shall take into account–
(A) the nature, circumstances, extent, and gravity of the prohibited acts for which
the sanction is imposed; and
(B) with respect to the violator, the degree of culpability, any history of prior
offenses, and other such matters as justice requires.
(3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any
permit sanction that is in effect or is pending at the time of transfer of ownership. Before
executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall
disclose in writing to the prospective transferee the existence of any permit sanction that
will be in effect or pending with respect to the vessel at the time of transfer.
(4) In the case of any permit that is suspended for the failure to pay a civil penalty or
criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine
and interest thereon at the prevailing rate.
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The Marine Mammal Protection Act of 1972 as Amended

(5) No sanctions shall be imposed under this section unless there has been a prior
opportunity for a hearing on the facts underlying the violation for which the sanction is
imposed, either in conjunction with a civil penalty proceeding under this title or
otherwise.

Prohibitions
16 U.S.C. 1417
Sec. 307. (a) IN GENERAL. — It is unlawful—
(1) for any person to sell, purchase, offer for sale, transport, or ship, in the United
States, any tuna or tuna product unless the tuna or tuna product is either dolphin safe or
has been harvested in compliance with the International Dolphin Conservation Program
by a country that is 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;
(2) except as provided for in subsection 101(d) 14, for any person or vessel subject to
the jurisdiction of the United States intentionally to set a purse seine net on or to encircle
any marine mammal in the course of tuna fishing operations in the eastern tropical Pacific
Ocean except in accordance with this title and regulations issued under pursuant to this
title; and
(3) for any person to import any yellowfin tuna or yellowfin tuna product or any other
fish or fish product in violation of a ban on importation imposed under section 101(a)(2);
(4) for any person to violate any regulation promulgated under this title;
(5) for any person to refuse to permit any duly authorized officer to board a vessel
subject to that person's control for purposes of conducting any search or inspection in
connection with the enforcement of this Act; and
(6) for any person to assault, resist, oppose, impede, intimidate, or interfere with any
such authorized officer in the conduct of any search or inspection described in paragraph
(5).
(b) PENALTIES. —
(1) CIVIL PENALTY. — A person that knowingly and willfully violates subsection (a)
(1), (2), (3), (4), or (5) shall be subject to a civil penalty under section 105(a).
(2) CRIMINAL PENALTY. — A person that knowingly and willfully violates subsection
(a)(5) or (a)(6) shall be subject to a criminal penalty under section 105(b).
(c) CIVIL FORFEITURES. — Any vessel (including its fishing gear, appurtenances, stores,
and cargo) used, and any fish (or its fair market value) taken or retained, in any manner,
in connection with or as a result of the commission of any act prohibited by this section
shall be subject to forfeiture to the United States in the manner provided in section 310 of
the Magnuson-Stevens Fishery Conservation and Management Act.
14

As in original, reference should be to subsection 101(e).
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TITLE IV—Marine Mammal Health and
Stranding Response
Establishment of Program
16 U.S.C. 1421
Sec. 401. (a) ESTABLISHMENT. — The Secretary shall, in consultation with the Secretary
of the Interior, the Marine Mammal Commission, and individuals with knowledge and
experience in marine science, marine mammal science, marine mammal veterinary and
husbandry practices, and marine conservation, including stranding network participants,
establish a program to be known as the “Marine Mammal Health and Stranding Response
Program”.
(b) PURPOSES. — The purposes of the Program shall be to—
(1) facilitate the collection and dissemination of reference data on the health of marine
mammals and health trends of marine mammal populations in the wild;
(2) correlate the health of marine mammals and marine mammal populations, in the
wild, with available data on physical, chemical, and biological environmental parameters;
and
(3) coordinate effective responses to unusual mortality events by establishing a
process in the Department of Commerce in accordance with section 404.

Determination; Data Collection and Dissemination
16 U.S.C. 1421a
Sec. 402. (a) DETERMINATION FOR RELEASE. — The Secretary shall, in consultation
with the Secretary of the Interior, the Marine Mammal Commission, and individuals with
knowledge and experience in marine science, marine mammal science, marine mammal
veterinary and husbandry practices, and marine conservation, including stranding
network participants, develop objective criteria, after an opportunity for public review
and comment, to provide guidance for determining at what point a rehabilitated marine
mammal is releasable to the wild.
(b) COLLECTION. — The Secretary shall, in consultation with the Secretary of the
Interior, collect and update, periodically, existing information on—
(1) procedures and practices for—
(A) rescuing and rehabilitating stranded marine mammals, including criteria used
by stranding network participants, on a species-by-species basis, for determining at
what point a marine mammal undergoing rescue and rehabilitation is returnable to the
wild; and
(B) collecting, preserving, labeling, and transporting marine mammal tissues for
physical, chemical, and biological analyses;

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(2) appropriate scientific literature on marine mammal health, disease, and
rehabilitation;
(3) strandings, which the Secretary shall compile and analyze, by region, to monitor
species, numbers, conditions, and causes of illnesses and deaths of stranded marine
mammals; and
(4) other life history and reference level data, including marine mammal tissue
analyses, that would allow comparison of the causes of illness and deaths in stranded
marine mammals with physical, chemical, and biological environmental parameters.
(c) AVAILABILITY. — The Secretary shall make information collected under this section
available to stranding network participants and other qualified scientists.

Stranding Response Agreements
16 U.S.C. 1421b
Sec. 403. (a) IN GENERAL. — The Secretary may enter into an agreement under section
112(c) with any person to take marine mammals under section 109(h)(1) in response to a
stranding.
(b) REQUIRED PROVISION. — An agreement authorized by subsection (a) shall—
(1) specify each person who is authorized to perform activities under the agreement;
and
(2) specify any terms and conditions under which a person so specified may delegate
that authority to another person.
(c) REVIEW. — The Secretary shall periodically review agreements under section 112(c)
that are entered into pursuant to this title, for performance adequacy and effectiveness.

Unusual Mortality Event Response
16 U.S.C. 1421c
Sec. 404. (a) RESPONSE. —
(1) WORKING GROUP. —
(A) The Secretary, acting through the Office, shall establish, in consultation with
the Secretary of the Interior, a marine mammal unusual mortality event working
group, consisting of individuals with knowledge and experience in marine science,
marine mammal science, marine mammal veterinary and husbandry practices, marine
conservation, and medical science, to provide guidance to the Secretary and the
Secretary of the Interior for—
(i) determining whether an unusual mortality event is occurring;
(ii) determining, after an unusual mortality event has begun, if response
actions with respect to that event are no longer necessary; and
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(iii) developing the contingency plan in accordance with subsection (b), to
assist the Secretary in responding to unusual mortality events.
(B) The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the
marine mammal unusual mortality event working group established under this
paragraph.
(2) RESPONSE TIMING. — The Secretary, in consultation with the Secretary of the
Interior, shall to the extent necessary and practicable—
(A) within 24 hours after receiving notification from a stranding network
participant that an unusual mortality event might be occurring, contact as many
members as is possible of the unusual mortality event working group for guidance;
and
(B) within 48 hours after receiving such notification—
(i) make a determination as to whether an unusual mortality event is
occurring;
(ii) inform the stranding network participant of that determination; and
(iii) if the Secretary has determined an unusual mortality event is occurring,
designate an Onsite Coordinator for the event, in accordance with subsection (c).
(b) CONTINGENCY PLAN. —
(1) IN GENERAL. — The Secretary shall, in consultation with the Secretary of the
Interior and the unusual mortality event working group, and after an opportunity for
public review and comment, issue a detailed contingency plan for responding to any
unusual mortality event.
(2) CONTENTS. — The contingency plan required under this subsection shall
include—
(A) a list of persons, including stranding network participants, at a regional,
State, and local level, who can assist the Secretary in implementing a coordinated and
effective response to an unusual mortality event;
(B) the types of marine mammal tissues and analyses necessary to assist in
diagnosing causes of unusual mortality events;
(C) training, mobilization, and utilization procedures for available personnel,
facilities, and other resources necessary to conduct a rapid and effective response to
unusual mortality events; and
(D) such requirements as are necessary to—
(i) minimize death of marine mammals in the wild and provide appropriate
care of marine mammals during an unusual mortality event;
(ii) assist in identifying the cause or causes of an unusual mortality event;

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(iii) determine the effects of an unusual mortality event on the size estimates
of the affected populations of marine mammals; and
(iv) identify any roles played in an unusual mortality event by physical,
chemical, and biological factors, including contaminants.
(c) ONSITE COORDINATORS. —
(1) DESIGNATION. —
(A) The Secretary shall, in consultation with the Secretary of the Interior,
designate one or more Onsite Coordinators for an unusual mortality event, who shall
make immediate recommendations to the stranding network participants on how to
proceed with response activities.
(B) An Onsite Coordinator so designated shall be one or more appropriate
Regional Directors of the National Marine Fisheries Service or the United States Fish
and Wildlife Service, or their designees.
(C) If, because of the wide geographic distribution, multiple species of marine
mammals involved, or magnitude of an unusual mortality event, more than one Onsite
Coordinator is designated, the Secretary shall, in consultation with the Secretary of the
Interior, designate which of the Onsite Coordinators shall have primary responsibility
with respect to the event.
(2) FUNCTIONS. —
(A) An Onsite Coordinator designated under this subsection shall coordinate and
direct the activities of all persons responding to an unusual mortality event in accordance
with the contingency plan issued under subsection (b), except that—
(i) with respect to any matter that is not covered by the contingency plan, an
Onsite Coordinator shall use his or her best professional judgment; and
(ii) the contingency plan may be temporarily modified by an Onsite
Coordinator, consulting as expeditiously as possible with the Secretary, the
Secretary of the Interior, and the unusual mortality event working group.
(B) An Onsite Coordinator may delegate to any qualified person authority to act
as an Onsite Coordinator under this title.

Unusual Mortality Event Activity Funding
16 U.S.C. 1421d
Sec. 405. (a) ESTABLISHMENT OF FUND. — There is established in the Treasury an
interest bearing fund to be known as the “Marine Mammal Unusual Mortality Event
Fund”, which shall consist of amounts deposited into the Fund under subsection (c).
(b) USES. —
(1) IN GENERAL. — Amounts in the Fund—

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(A) shall be available only for use by the Secretary, in consultation with the
Secretary of the Interior—
(i) to compensate persons for special costs incurred in acting in accordance
with the contingency plan issued under section 404(b) or under the direction of
an Onsite Coordinator for an unusual mortality event;
(ii) for reimbursing any stranding network participant for costs incurred in
preparing and transporting tissues collected with respect to an unusual mortality
event for the Tissue Bank; and
(iii) for care and maintenance of marine mammal seized under section
104(c)(2)(D); and
(B) shall remain available until expended.
(2) PENDING CLAIMS. — If sufficient amounts are not available in the Fund to satisfy
any authorized pending claim, such claim shall remain pending until such time as
sufficient amounts are available. All authorized pending claims shall be satisfied in the
order received.
(c) DEPOSITS INTO THE FUND. — There shall be deposited into the Fund—
(1) amounts appropriated to the Fund;
(2) other amounts appropriated to the Secretary for use with respect to unusual
mortality events; and
(3) amounts received by the United States in the form of gifts, devises, and bequests
under subsection (d).
(d) ACCEPTANCE OF DONATIONS. — For purposes of carrying out this title and section
104(c)(2)(D), the Secretary may accept, solicit, and use the services of volunteers, and
may accept, solicit, receive, hold, administer, and use gifts, devises, and bequests.

Liability
16 U.S.C. 1421e
Sec. 406. (a) IN GENERAL. — A person who is authorized to respond to a stranding
pursuant to an agreement entered into under section 112(c) is deemed to be an employee
of the government for purposes of chapter 171 of title 28, United States Code, with
respect to actions of the person that are—
(1) in accordance with the agreement; and
(2) in the case of an unusual mortality event, in accordance with—
(A) the contingency plan issued under section 404(b);
(B) the instructions of an Onsite Coordinator designated under section 404(c); or
(C) the best professional judgment of an Onsite Coordinator, in the case of any
matter that is not covered by the contingency plan.

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(b) LIMITATION. — Subsection (a) does not apply to actions of a person described in
that subsection that are grossly negligent or that constitute willful misconduct.

National Marine Mammal Tissue Bank and Tissue Analysis
16 U.S.C. 1421f
Sec. 407. (a) TISSUE BANK. —
(1) IN GENERAL. — The Secretary shall make provision for the storage, preparation,
examination, and archiving of marine mammal tissues. Tissues archived pursuant to this
subsection shall be known as the “National Marine Mammal Tissue Bank”.
(2) GUIDANCE FOR MARINE MAMMAL TISSUE COLLECTION, PREPARATION, AND
ARCHIVING. — The Secretary shall, in consultation with individuals with knowledge

and
expertise in marine science, marine mammal science, marine mammal veterinary and
husbandry practices, and marine conservation, issue guidance, after an opportunity for
public review and comment, for marine mammal tissue collection, preparation, archiving,
and quality control procedures, regarding—
(A) appropriate and uniform methods and standards for those activities to provide
confidence in marine mammal tissue samples used for research; and
(B) documentation of procedures used for collecting, preparing, and archiving
those samples.
(3) SOURCE OF TISSUE. — In addition to tissues taken during marine mammal unusual
mortality events, the Tissue Bank shall incorporate tissue samples taken from other
sources in the wild, including—
(A) samples from marine mammals taken incidental to commercial fishing
operations;
(B) samples from marine mammals taken for subsistence purposes;
(C) biopsy samples; and
(D) any other samples properly collected.
(b) TISSUE ANALYSIS. — The Secretary shall, in consultation with the Marine Mammal
Commission, the Secretary of the Interior, and individuals with knowledge and
experience in marine science, marine mammal science, marine mammal veterinary and
husbandry practices, and marine conservation, issue guidance, after an opportunity for
public review and comment, for analyzing tissue samples (by use of the most effective
and advanced diagnostic technologies and tools practicable) as a means to monitor and
measure overall health trends in representative species or populations of marine
mammals, including—
(1) the levels of, and if possible, the effects of, potentially harmful contaminants; and
(2) the frequency of, and if possible, the causes and effects of abnormal lesions or
anomalies.

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(c) DATA BASE. —
(1) IN GENERAL. — The Secretary shall maintain a central data base which provides
an effective means for tracking and accessing data on marine mammals, including
relevant data on marine mammal tissues collected for and maintained in the Tissue Bank.
(2) CONTENTS. — The data base established under this subsection shall include—
(A) reference data on the health of marine mammals and populations of marine
mammals; and
(B) data on species of marine mammals that are subject to unusual mortality
events.
(d) ACCESS. — The Secretary shall, in consultation with the Secretary of the Interior,
establish criteria, after an opportunity for public review and comment, for access to—
(1) marine mammal tissues in the Tissue Bank;
(2) analyses conducted pursuant to subsection (b); and
(3) marine mammal data in the data base maintained under subsection (c);
which provide for appropriate uses of the tissues, analyses, and data by qualified
scientists, including stranding network participants.

John H. Prescott Marine Mammal Rescue Assistance
Grant Program15
16 U.S.C. 1421f-1
Sec. 408. (a) IN GENERAL. —
(1) Subject to the availability of appropriations, the Secretary shall conduct a grant
program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant
Program, to provide grants to eligible stranding network participants for the recovery or
treatment of marine mammals, the collection of data from living or dead stranded marine
mammals for scientific research regarding marine mammal health, and facility operation
costs that are directly related to those purposes.
(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds
provided as grants under this subsection are distributed equitably among the stranding
regions designated as of the date of the enactment of the Marine Mammal Rescue
Assistance Act of 2000 [December 21, 2000], and in making such grants shall give
preference to those facilities that have established records for rescuing or rehabilitating
sick and stranded marine mammals in each of the respective regions, or subregions.
(B) In determining priorities among such regions, the Secretary may consider–
(i) any episodic stranding or any mortality event other than an event described
in section 410(6), that occurred in any region in the preceding year;

15

This title may be cited as the Marine Mammal Rescue Assistance Act of 2000.
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(ii) data regarding average annual strandings and mortality events per region;
and
(iii) the size of the marine mammal populations inhabiting a geographic area
within such a region.
(b) APPLICATION. — To receive a grant under this section, a stranding network
participant shall submit an application in such form and manner as the Secretary may
prescribe.
(c) CONSULTATION. — The Secretary shall consult with the Marine Mammal
Commission, a representative from each of the designated stranding regions, and other
individuals who represent public and private organizations that are actively involved in
rescue, rehabilitation, release, scientific research, marine conservation, and forensic
science regarding stranded marine mammals, regarding the development of criteria for
the implementation of the grant program and the awarding of grants under the program.
(d) LIMITATION. — The amount of a grant under this section shall not exceed $100,000.
(e) MATCHING REQUIREMENT. —
(1) IN GENERAL — The non-Federal share of the costs of an activity conducted with a
grant under this section shall be 25 percent of such costs.
(2) IN-KIND CONTRIBUTIONS. — The Secretary may apply to the non-Federal share of
an activity conducted with a grant under this section the amount of funds, and the fair
market value of property and services, provided by non-Federal sources and used for the
activity.
(f) ADMINISTRATIVE EXPENSES. — Of amounts available each fiscal year to carry out
this section, the Secretary may expend not more than 6 percent or $80,000, whichever is
greater, to pay the administrative expenses necessary to carry out this section.
(g) DEFINITIONS. — In this section:
(1) DESIGNATED STRANDING REGION. — The term “designated stranding region”
means a geographic region designated by the Secretary for purposes of administration of
this Act.
(2) SECRETARY. — The term “Secretary” has the meaning given that term in section
3(12)(A).
(h) AUTHORIZATION OF APPROPRIATIONS. — There are authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain
available until expended, of which—
(1) $4,000,000 may be available to the Secretary of Commerce; and
(2) $1,000,000 may be available to the Secretary of the Interior.

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Authorization of Appropriations
16 U.S.C. 1421g
Sec. 409. There is authorized to be appropriated—
(1) to the Secretary for carrying out this title (other than sections 405 and 407)
$250,000 for each of fiscal years 1993 and 1994;
(2) to the Secretary for carrying out section 407, $250,000 for each of fiscal years
1993 and 1994; and
(3) to the Fund, $500,000 for fiscal year 1993.

Definitions
16 U.S.C. 1421h
Sec. 410. In this title, the following definitions apply:
(1) The term “Fund” means the Marine Mammal Unusual Mortality Event Fund
established by section 405(a).
(2) The term “Office” means the Office of Protected Resources, in the National
Marine Fisheries Service.
(3) The term “stranding” means an event in the wild in which—
(A) a marine mammal is dead and is—
(i) on a beach or shore of the United States; or
(ii) in waters under the jurisdiction of the United States (including any
navigable waters); or
(B) a marine mammal is alive and is—
(i) on a beach or shore of the United States and unable to return to the water;
(ii) on a beach or shore of the United States and, although able to return to the
water, is in need of apparent medical attention; or
(iii) in the waters under the jurisdiction of the United States (including any
navigable waters), but is unable to return to its natural habitat under its own
power or without assistance.
(4) The term “stranding network participant” means a person who is authorized by
an agreement under section 112(c) to take marine mammals as described in section
109(h)(1) in response to a stranding.
(5) The term “Tissue Bank” means the National Marine Tissue Bank provided for
under section 407(a).

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(6) The term “unusual mortality event” means a stranding that—
(A) is unexpected;
(B) involves a significant die-off of any marine mammal population; and
(C) demands immediate response.

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TITLE V—Polar Bears
Definitions
16 U.S.C. 1423
Sec. 501. In this title —
\
(1) AGREEMENT.—The term “Agreement” means the Agreement Between the
Government of the United States of America and the Government of the Russian
Federation on the Conservation and Management of the Alaska-Chukotka Polar Bear
Population, signed at Washington, D.C., on October 16, 2000.
(2) ALASKA NANUUQ COMMISSION.—The term “Alaska Nanuuq Commission”
means the Alaska Native entity, in existence on the date of enactment of the United
States-Russia Polar Bear Conservation and Management Act of 2006, that represents all
villages in the State of Alaska that engage in the annual subsistence taking of polar bears
from the Alaska-Chukotka population and any successor entity.
(3) IMPORT.—The term “import” means to land on, bring into, or introduce into, or
attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of
the United States, without regard to whether the landing, bringing, or introduction
constitutes an importation within the meaning of the customs laws of the United States.
(4) POLAR BEAR PART OR PRODUCT.—The term “part or product of a polar
bear” means any polar bear part or product, including the gall bile and gall bladder.
(5) SECRETARY.—The term “Secretary” means the Secretary of the Interior.
(6) TAKING.—The term “taking” has the meaning given the term in the Agreement.
(7) COMMISSION.—The term “Commission” means the commission established
under article 8 of the Agreement.

Prohibitions
16 U.S.C. 1423a.
Sec. 502. (a) IN GENERAL.—It is unlawful for any person who is subject to the
jurisdiction of the United States or any person in waters or on lands under the jurisdiction
of the United States—
(1) to take any polar bear in violation of the Agreement;
(2) to take any polar bear in violation of the Agreement or any annual taking limit or
other restriction on the taking of polar bears that is adopted by the Commission pursuant
to the Agreement;
(3) to import, export, possess, transport, sell, receive, acquire, or purchase, exchange,
barter, or offer to sell, purchase, exchange, or barter any polar bear, or any part or product
of a polar bear, that is taken in violation of paragraph (2);

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(4) to import, export, sell, purchase, exchange, barter, or offer to sell, purchase,
exchange, or barter, any polar bear gall bile or polar bear gall bladder;
(5) to attempt to commit, solicit another person to commit, or cause to be committed,
any offense under this subsection; or
(6) to violate any regulation promulgated by the Secretary to implement any of the
prohibitions established in this subsection.
(b) EXCEPTIONS.—For the purpose of forensic testing or any other law enforcement
purpose, the Secretary, and Federal law enforcement officials, and any State or local law
enforcement official authorized by the Secretary, may import a polar bear or any part or
product of a polar bear.

Administration
16 U.S.C. 1423b.
Sec. 503. (a) IN GENERAL.—The Secretary, acting through the Director of the United
States Fish and Wildlife Service, shall do all things necessary and appropriate, including
the promulgation of regulations, to implement, enforce, and administer the provisions of
the Agreement on behalf of the United States. The Secretary shall consult with the
Secretary of State and the Alaska Nanuuq Commission on matters involving the
implementation of the Agreement.
(b) UTILIZATION OF OTHER GOVERNMENT RESOURCES AND AUTHORITIES.—
(1) OTHER GOVERNMENT RESOURCES.—The Secretary may utilize by agreement,
with or without reimbursement, the personnel, services, and facilities of any other Federal
agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying
out this title or the Agreement.
(2) OTHER POWERS AND AUTHORITIES.—Any person authorized by the Secretary
under this subsection to enforce this title or the Agreement shall have the authorities that
are enumerated in section 6(b) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(b)).
(c) ENSURING COMPLIANCE.—
(1) TITLE I AUTHORITIES.—The Secretary may use authorities granted under title I
for enforcement, imposition of penalties, and the seizure of cargo for violations under this
title, provided that any polar bear or any part or product of a polar bear taken, imported,
exported, possessed, transported, sold, received, acquired, purchased, exchanged, or
bartered, or offered for sale, purchase, exchange, or barter in violation of this Act, shall
be subject to seizure and forfeiture to the United States without any showing that may be
required for assessment of a civil penalty or for criminal prosecution under this Act.
(2) ADDITIONAL AUTHORITIES.—Any gun, trap, net, or other equipment used, and
any vessel, aircraft, or other means of transportation used, to aid in the violation or
attempted violation of this Act shall be subject to seizure and forfeiture under section
106.

109

(d) REGULATIONS.—
(1) IN GENERAL.—The Secretary shall promulgate such regulations as are necessary
to carry out this title and the Agreement.
(2) ORDINANCES AND REGULATIONS.—If necessary to carry out this title and the
Agreement, and to improve compliance with any annual taking limit or other restriction
on taking adopted by the Commission and implemented by the Secretary in accordance
with this title, the Secretary may promulgate regulations that adopt any ordinance or
regulation that restricts the taking of polar bears for subsistence purposes if the ordinance
or regulation has been promulgated by the Alaska Nanuuq Commission.

Cooperative Management Agreement;
Authority to Delegate Enforcement Authority
16 U.S.C. 1423c.
Sec. 504. (a) IN GENERAL.—The Secretary, acting through the Director of the United
States Fish and Wildlife Service, may share authority under this title for the management
of the taking of polar bears for subsistence purposes with the Alaska Nanuuq
Commission if such commission is eligible under subsection (b).
(b) DELEGATION.—To be eligible for the management authority described in
subsection (a), the Alaska Nanuuq Commission shall—
(1) enter into a cooperative agreement with the Secretary under section 119 for the
conservation of polar bears;
(2) meaningfully monitor compliance with this title and the Agreement by Alaska
Natives; and
(3) administer its co-management program for polar bears in accordance with—
(A) this title; and
(B) the Agreement.

Commission Appointments;
Compensation, Travel Expenses and Claims
16 U.S.C. 1423d.
Sec. 505. (a) APPOINTMENT OF UNITED STATES COMMISSIONERS.—
(1) APPOINTMENT.—The United States commissioners on the Commission shall be
appointed by the President, in accordance with paragraph 2 of article 8 of the Agreement,
after taking into consideration the recommendations of—
(A) the Secretary;
(B) the Secretary of State; and
(C) the Alaska Nanuuq Commission.
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(2) QUALIFICATIONS.—With respect to the United States commissioners appointed
under this subsection, in accordance with paragraph 2 of article 8 of the Agreement—
(A) 1 United States commissioner shall be an official of the Federal Government;
(B) 1 United States commissioner shall be a representative of the Native people
of Alaska, and, in particular, the Native people for whom polar bears are an integral part
of their culture; and
(C) both commissioners shall be knowledgeable of, or have expertise in, polar
bears.
(3) SERVICE AND TERM.—Each United States commissioner shall serve—
(A) at the pleasure of the President; and
(B) for an initial 4-year term and such additional terms as the President shall
determine.
(4) VACANCIES.—
(A) IN GENERAL.—Any individual appointed to fill a vacancy occurring before
the expiration of any term of office of a United States commissioner shall be
appointed for the remainder of that term.
(B) MANNER.—Any vacancy on the Commission shall be filled in the same
manner as the original appointment.
(b) ALTERNATE COMMISSIONERS.—
(1) IN GENERAL.—The Secretary, in consultation with the Secretary of State and the
Alaska Nanuuq Commission, shall designate an alternate commissioner for each member
of the United States section.
(2) DUTIES.—In the absence of a United States commissioner, an alternate
commissioner may exercise all functions of the United States commissioner at any
meetings of the Commission or of the United States section.
(3) REAPPOINTMENT.—An alternate commissioner—
(A) shall be eligible for reappointment by the President; and
(B) may attend all meetings of the United States section.
(c) DUTIES.—The members of the United States section may carry out the functions and
responsibilities described in article 8 of the Agreement in accordance with this title and
the Agreement.
(d) COMPENSATION AND EXPENSES.—
(1) COMPENSATION.—A member of the United States section shall serve without
compensation.
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(2) TRAVEL EXPENSES.—A member of the United States section shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the member in the performance
of the duties of the United States-Russia Polar Bear Commission.
(e) AGENCY DESIGNATION.—The United States section shall, for the purpose of title
28, United States Code, relating to claims against the United States and tort claims
procedure, be considered to be a Federal agency.

Votes Taken by the United States
Section on Matters before the Commission
16 U.S.C. 1423e.
Sec. 506. In accordance with paragraph 3 of article 8 of the Agreement, the United States
section, made up of commissioners appointed by the President, shall vote on any issue
before the United States-Russia Polar Bear Commission only if there is no disagreement
between the United States commissioners regarding the vote.

Implementation of Actions
Taken by the Commission
16 U.S.C. 1423f.
Sec. 507. (a) IN GENERAL.—The Secretary shall take all necessary actions to
implement the decisions and determinations of the Commission under paragraph 7 of
article 8 of the Agreement.
(b) TAKING LIMITATION.—Not later than 60 days after the date on which the
Secretary receives notice of the determination of the Commission of an annual taking
limit, or of the adoption by the Commission of other restriction on the taking of polar
bears for subsistence purposes, the Secretary shall publish a notice in the Federal Register
announcing the determination or restriction.

Application with Other Titles of Act
16 U.S.C. 1423g.
Sec. 508. (a) IN GENERAL.—The authority of the Secretary under this title is in addition
to, and shall not affect—
(1) the authority of the Secretary under other titles of this Act or the Lacey Act
Amendments of 1981 (16 U.S.C. 3371 et seq.) or the exemption for Alaskan natives
under section 101(b) of this Act as applied to other marine mammal populations; or
(2) the authorities provided under title II of this Act.
(b) CERTAIN PROVISIONS INAPPLICABLE.—The provisions of titles I through IV of
this Act do not apply with respect to the implementation or administration of this title,
except as specified in section 503.
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Authorization of Appropriations
16 U.S.C. 1423h.
Sec. 509. (a) IN GENERAL.—There are authorized to be appropriated to the Secretary to
carry out the functions and responsibilities of the Secretary under this title and the
Agreement $1,000,000 for each of fiscal years 2006 through 2010.
(b) COMMISSION.—There are authorized to be appropriated to the Secretary to carry
out functions and responsibilities of the United States Section $150,000 for each of fiscal
years 2006 through 2010.
(c) ALASKAN COOPERATIVE MANAGEMENT PROGRAM.—There are authorized to
be appropriated to the Secretary to carry out this title and the Agreement in Alaska
$150,000 for each of fiscal years 2006 through 2010.

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Notes
Certain provisions of law, although not codified, are linked to statutes set forth in the
United States Code. These provisions may be included in the codified version of the
statute as notes. Oftentimes provisions with note status will have a limited period of
effectiveness which does not warrant their codification. Selected notes associated with
the Marine Mammal Protection Act are set forth below. For a complete listing of notes
associated with the Act, the reader should consult the annotated version of the United
States Code.

16 U.S.C. 1361 note
The following section 7 of Pub. L. 100-711, enacted November 23, 1988, has not been
codified.
Study on Mortality of Atlantic Dolphin
Sec. 7. (a) The Secretary of Commerce shall conduct a study regarding the east coast
epidemic during 1987 and 1988 which has caused substantial mortality within the North
Atlantic coastal population of Atlantic bottle-nosed dolphin. The study shall examine—
(1) the cause or causes of the epidemic;
(2) the effect of the epidemic on coastal and offshore populations of Atlantic
bottle-nosed dolphin;
(3) the extent to which pollution may have contributed to the epidemic;
(4) whether other species and populations of marine mammals were affected by those
factors which contributed to the epidemic; and
(5) any other matters pertaining to the causes and effects of the epidemic.
(b) On or before January 1, 1989, 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 plan for conducting the study
required in subsection (a).

16 U.S.C. 1361 note
The following section 306 of Pub. L. 102-567, enacted October 29, 1992, has not been
codified.
Study on Effects of Dolphin Feeding
Sec. 306. (a) STUDY. — The Secretary of Commerce shall conduct a study in the eastern
Gulf of Mexico on the effects of feeding of noncaptive dolphins by human beings. The
study conducted pursuant to this section shall 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.

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(b) EXTERNAL REVIEW. — In design and conduct of the study required under subsection
(a), the Secretary shall consult with the National Academy of Sciences and the Marine
Mammal Commission.
(c) REPORT. — Within 18 months after the date of the enactment of this Act [April 29,
1994], the Secretary 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 on the results of the study conducted pursuant to
subsection (a).

16 U.S.C. 1361 note
The following section 14 of Pub. L. 103-238, enacted April 30, 1994, has not been
codified.
Indian Treaty Rights; Alaska Native Subsistence.
Sec. 14. Nothing in this Act [the Marine Mammal Protection Act Amendments of 1994],
including any amendments to the Marine Mammal Protection Act of 1972 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 [see section 101(b)].

16 U.S.C. 1361 note
The following section of Pub. L. 105-42, enacted August 15, 1997, has not been codified.
Sec. 2. (a) PURPOSES. — The purposes of this Act 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.

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(b) FINDINGS. — 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 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.

16 U.S.C. 1371(a)(3)(A) and 1372(a) note
The following Title II, section 20201 of Pub. L. 115-123, enacted February 9, 2018, does
not amend the Act, but should be linked with it.
Sec. 20201. (a) In recognition of the consistency of the Mid- Barataria Sediment
Diversion, Mid-Breton Sound Sediment Diversion, and Calcasieu Ship Channel Salinity
Control Measures projects, as selected by the 2017 Louisiana Comprehensive Master
Plan for a Sustainable Coast, with the findings and policy declarations in section 2(6) of
the Marine Mammal Protection Act (16 U.S.C. 1361 et seq., as amended) regarding
maintaining the health and stability of the marine ecosystem, within 120 days of the
enactment of this section, the Secretary of Commerce shall issue a waiver pursuant to
section 101(a)(3)(A) and this section to section 101(a) and section 102(a) of the Act, for
such projects that will remain in effect for the duration of the construction, operations and
maintenance of the projects. No rulemaking, permit, determination, or other condition or
limitation shall be required when issuing a waiver pursuant to this section.
(b) Upon issuance of a waiver pursuant to this section, the State of Louisiana shall, in
consultation with the Secretary of Commerce:
(1) To the extent practicable and consistent with the purposes of the projects,
minimize impacts on marine mammal species and population stocks; and
(2) Monitor and evaluate the impacts of the projects on such species and population
stocks.

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16 U.S.C. 1373 note
The following section 1101 of Pub. L. 101-627, enacted November 28, 1990, has not
been codified.
Report on Marine Mammal Populations
Sec. 1101. The Secretary of Commerce, in consultation with the Secretary of the Interior,
shall provide to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Merchant Marine and Fisheries of the House of Representatives
within 12 months after the date of enactment of this Act [November 28, 1991] a report—
(1) assessing population sizes and trends of harbor seals, sea otters, California sea
lions, and northern sea lions off the coast of the State of Washington, which assessment
shall include the historic, present, and projected population sizes and the overall health of
current populations of such marine mammals;
(2) assessing the effectiveness of sections 101(a)(3)(A) and 109(h) of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(3)(A) and 109(h)) with particular
emphasis on the management of the lower Columbia River and Puget Sound marine
mammal populations, which assessment shall describe how the agencies are interpreting
and implementing such sections, how often such sections have been invoked, and
whether such sections have been effective in the management of marine mammal
populations and in responding to the problems which such sections were intended to
address; and
(3) specifying long range management plans for the species of marine mammals listed
in paragraph (1).

16 U.S.C. 1374 note
The following section 5(c) of Pub. L. 103-238, enacted April 30, 1994, has not been
codified.
Permits
Sec. 5. (c) EXISTING PERMITS. — Any permit issued under section 104(c)(2) of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before the date of the
enactment of this Act [April 30, 1994] is hereby modified to be consistent with that
section as amended by this Act.

16 U.S.C. 1379 note
The following section 4(b) of Pub. L. 97-58, enacted October 9, 1981, does not amend
the Act, but should be linked with it.
State Management
Sec. 4. (b) NO EFFECT ON CERTAIN COOPERATIVE AGREEMENTS. — Nothing in the
amendments made by subsection (a) shall be construed as affecting in any manner, or to
any extent, any cooperative agreement entered into by a State under section 6(c) of the
Endangered Species Act of 1973 (16 U.S.C. 1535(c)) before, on, or after the date of the
enactment of this Act [October 9, 1981].
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16 U.S.C. 1389(f) note
The following sections 2, 4, and 5 of Pub. L. 115-329, enacted December 18, 2018, do
not amend the Act, but should be linked with it.
Endangered Salmon Predation Prevention Act
Sec. 2. SENSE OF CONGRESS. It is the sense of the Congress that—
(1) preventing predation by sea lions, recovery of listed salmonid stocks, and
preventing future listings of fish stocks in the Columbia River under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) is a vital priority; and
(2) the Federal Government should continue to fund lethal and nonlethal removal, and
deterrence, measures for preventing such predation.
Sec. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendments made by this Act shall be construed to enlarge,
confirm, adjudicate, affect, or modify any treaty or other right of an Indian tribe (as
defined in section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).
Sec. 5. REPORT. Not later than 3 years after the date of the enactment of this Act, the
Secretary of Commerce shall study and report to Congress on the effects of deterrence
and the lethal taking of sea lions on the recovery of endangered and threatened salmon
and steelhead stocks in the waters of the Columbia River and the tributaries of the
Columbia River subject to section 120(f) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1389(f)), as amended by this Act.

16 U.S.C. 1421 note
The following section 3002 of Pub. L. 102-587, enacted November 4, 1992, has not been
codified.
Findings
Sec. 3002. The Congress finds the following:
(1) Current stranding network participants have performed an undeniably valuable and
ceaseless job of responding to marine mammal strandings over the last 15 years.
(2) Insufficient understanding of the connection between marine mammal health and
the physical, chemical, and biological parameters of their environment prevents an
adequate understanding of the causes of marine mammal unusual mortality events.
(3) An accurate assessment of marine mammal health, health trends in marine
mammal populations in the wild, and causes of marine mammal unusual mortality events
cannot be made without adequate reference data on marine mammals and the
environment in which they live.

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(4) A systematic assessment of the sources, presence, levels, and effects of potentially
harmful contaminants on marine mammals would provide a better understanding of some
of the causes of marine mammal unusual mortality events and may serve as an indicator
of the general health of our coastal and marine environments.
(5) Responses to marine mammal unusual mortality events are often uncoordinated,
due to the lack of sufficient contingency planning.
(6) Standardized methods for the reporting of dying, dead, or otherwise incapacitated
marine mammals in the wild would greatly assist in the determination of the causes of
marine mammal unusual mortality events and enhance general knowledge of marine
mammal species.
(7) A formal system for collection, preparation, and archiving of, and providing access
to, marine mammal tissues will enhance efforts to investigate the health of marine
mammals and health trends of marine mammal populations, and to develop reference
data.
(8) Information on marine mammals, including results of analyses of marine mammal
tissues, should be broadly available to the scientific community, including stranding
network participants, through a marine mammal data base.

16 U.S.C. 1421a note
The following section 3003(b), of Pub. L. 102-587, enacted November 4, 1992, has not
been codified.
Marine Mammal Health and Stranding Response Program
Sec. 3003. (b) IMPLEMENTATION. — The Secretary of Commerce shall—
(1) in accordance with section 302 (a) and (b) of the Marine Mammal Protection Act
of 1972, as amended by this Act, and not later than 24 months after the date of enactment
of this Act [November 4, 1994]—
(A) develop and implement objective criteria to determine at what point a marine
mammal undergoing rehabilitation is returnable to the wild; and
(B) collect and make available information on marine mammal health and health
trends; and
(2) in accordance with section 304(b) of the Marine Mammal Protection Act of 1972,
as amended by this Act, issue a detailed contingency plan for responding to any unusual
mortality event—
(A) in proposed form by not later than 18 months after the date of enactment of
this Act [June 4, 1994]; and
(B) in final form by not later than 24 months after the date of enactment of this
Act [November 4, 1994].

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Other Statutory Provisions
Related to Marine Mammals
National Whale Conservation Fund Act
16 U.S.C. 3703
The following provision was enacted October 21, 1998, as Title IX, section 902, of Pub.
L. 105-277.
Sec. 901. SHORT TITLE. — This title may be cited as the “National Whale Conservation
Fund Act of 1998”.
Sec. 902. FINDINGS. — Congress finds that—
(1) the populations of whales that occur in waters of the United States are resources
of substantial ecological, scientific, socioeconomic, and esthetic value;
(2) whale populations—
(A) form a significant component of marine ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale watching tourist industry that
provides the public an opportunity to enjoy and learn about great whales and the
ecosystems of which the whales are a part; and
(D) are of importance to Native Americans for cultural and subsistence purposes;
(3) whale populations are in various stages of recovery, and some whale populations,
such as the northern right whale (Eubaleana glacialis) remain perilously close to
extinction;
(4) the interactions that occur between ship traffic, commercial fishing, whale
watching vessels, and other recreational vessels and whale populations may affect whale
populations adversely;
(5) the exploration and development of oil, gas, and hard mineral resources, marine
debris, chemical pollutants, noise, and other anthropogenic sources of change in the
habitat of whales may affect whale populations adversely;
(6) the conservation of whale populations is subject to difficult challenges related
to—
(A) the migration of whale populations across international boundaries;
(B) the size of individual whales, as that size precludes certain conservation
research procedures that may be used for other animal species, such as captive
research and breeding;

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(C) the low reproductive rates of whales that require long-term conservation
programs to ensure recovery of whale populations; and
(D) the occurrence of whale populations in offshore waters where undertaking
research, monitoring, and conservation measures is difficult and costly;
(7) (A) the Secretary of Commerce, through the Administrator of the National
Oceanic and Atmospheric Administration, has research and regulatory responsibility for
the conservation of whales under the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.); and
(B) the heads of other Federal agencies and the Marine Mammal Commission
established under section 201 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1401) have related research and management activities under the Marine
Mammal Protection Act of 1972 or the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(8) the funding available for the activities described in paragraph (8) 16 is insufficient
to support all necessary whale conservation and recovery activities; and
(9) there is a need to facilitate the use of funds from non-Federal sources to carry out
the conservation of whales.
Sec. 903. NATIONAL WHALE CONSERVATION FUND. — Section 4 of the National Fish
and Wildlife Establishment Act (16 U.S.C. 3703) is amended by adding at the end the
following:
“(f)(1) In carrying out the purposes under section 2(b), the Foundation may establish a
national whale conservation endowment fund, to be used by the Foundation to support
research, management activities, or educational programs that contribute to the
protection, conservation, or recovery of whale populations in waters of the United States.
“(2)(A) In a manner consistent with subsection (c)(1), the Foundation may–
“(i) accept, receive, solicit, hold, administer, and use any gift, devise, or
bequest made to the Foundation for the express purpose of supporting whale
conservation; and
“(ii) deposit in the endowment fund under paragraph (1) any funds made
available to the Foundation under this subparagraph, including any income or
interest earned from a gift, devise, or bequest received by the Foundation under
this subparagraph.
“(B) To raise funds to be deposited in the endowment fund under paragraph (1),
the Foundation may enter into appropriate arrangements to provide for the design,
copyright, production, marketing, or licensing, of logos, seals, decals, stamps, or any
other item that the Foundation determines to be appropriate.
“(C)(i) The Secretary of Commerce may transfer to the Foundation for deposit in
the endowment fund under paragraph (1) any amount (or portion thereof) received by
16

As in original, probably intended to be paragraph (7).

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the Secretary under section 105(a)(1) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1375(a)(1)) as a civil penalty assessed by the Secretary under that section.
“(ii) The Directors of the Board shall ensure that any amounts transferred to the
Foundation under clause (i) for the endowment fund under paragraph (1) are
deposited in that fund in accordance with this subparagraph.
“(3) It is the intent of Congress that in making expenditures from the endowment
fund under paragraph (1) to carry out activities specified in that paragraph, the
Foundation should give priority to funding projects that address the conservation of
populations of whales that the Foundation determines —
“(A) are the most endangered (including the northern right whale (Eubaleana
glacialis)); or
‘(B) most warrant, and are most likely to benefit from, research management, or
educational activities that may be funded with amounts made available from the fund.
“(g) In carrying out any action on the part of the Foundation under subsection (f), the
Directors of the Board shall consult with the Administrator of the National Oceanic and
Atmospheric Administration and the Marine Mammal Commission.”

Study of Eastern Gray Whale Population
16 U.S.C. 917a note
The following section 203 of Pub. L. 106-555 (the Striped Bass Conservation, Atlantic
Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000),
enacted December 21, 2000, has not been codified.
Sec. 203. (a) STUDY. — Not later than 180 days after the date of the enactment of this
Act and subject to the availability of appropriations, the Secretary of Commerce shall
initiate a study of the environmental and biological factors responsible for the significant
increase in mortality events of the eastern gray whale population and other potential
impacts these factors may be having on the eastern gray whale population.
(b) CONSIDERATION OF WESTERN POPULATION INFORMATION. — The Secretary
should ensure that, to the greatest extent practicable, information from current and future
studies of the western gray whale population is considered in the study under this section,
so as to better understand the dynamics of each population and to test different
hypotheses that may lead to an increased understanding of the mechanism driving their
respective population dynamics.
(c) AUTHORIZATION OF APPROPRIATIONS. — In addition to other amounts authorized
under this title, there are authorized to be appropriated to the Secretary to carry out this
section—
(1) $290,000 for fiscal year 2001; and
(2) $500,000 for each of fiscal years 2002 through 2004.

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The Marine Mammal Protection Act of 1972 as Amended

Cook Inlet Beluga Whales
The following provision, enacted as section 3022 of Pub. L. 106-31 on May 21, 1999, and
amended by Appendix B, section 627 of Pub. L. 106-553 on December 21, 2000, has not
been codified.
Notwithstanding any other provision of law, the taking of a Cook Inlet beluga whale
under the exemption provided in section 101(b) of the Marine Mammal Protection Act
(16 U.S.C. 1371(a)) shall be considered a violation of such Act unless such taking occurs
pursuant to a cooperative agreement between the National Marine Fisheries Service and
affected Alaska Native organizations.

Endnotes for The Marine Mammal Protection Act
of 1972 as Amended
i

The Act (Pub. L. 92-522), approved October 21, 1972, has been amended also by Pub.
L. 93-205 (the Endangered Species Act), December 28, 1973; Pub. L. 94-265 (the
Magnuson-Stevens Fisheries Conservation and Management Act), April 13, 1976; Pub.
L. 95-136, October 18, 1977; Pub. L. 95-316, July 10, 1978; Pub. L. 96-470 (the
Congressional Reports Elimination Act of 1980), October 19, 1980; Pub. L. 97-58,
October 9, 1981; Pub. L. 97-389 (the Fisheries Amendments of 1982), December 29,
1982; Pub. L. 98-364, July 17, 1984; Pub. L. 99-659, November 14, 1986; Pub. L.
100-711 (the Marine Mammal Protection Act Amendments of 1988), November 23,
1988; Pub. L. 101-627 (the Fishery Conservation Amendments of 1990), November 28,
1990; Pub. L. 102-251, March 9, 1992; Pub. L. 102-523 (the International Dolphin
Conservation Act of 1992), October 26, 1992; Pub. L. 102-582 (the High Seas Driftnet
Fisheries Enforcement Act), November 2, 1992; Pub. L. 102-587 (the Oceans Act of
1992), November 4, 1992; Pub. L. 103-86, September 30, 1993; Pub. L. 103-228, March
31, 1994; Pub. L. 103-238 (the Marine Mammal Protection Act Amendments of 1994),
April 30, 1994; Pub. L. 104-43 (the Fisheries Act of 1995), November 3, 1995; Pub. L.
104-208, September 30, 1996; Pub. L. 104-297 (the Sustainable Fisheries Act), October
11, 1996; Pub. L. 105-18, June 12, 1997; Pub. L. 105-42 (the International Dolphin
Conservation Program Act), August 15, 1997; Pub. L. 105-277, October 21, 1998; Pub.
L. 106-31, May 21, 1999; Pub. L. 106-113, November 29, 1999; Pub. L. 106-555 (the
Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal
Rescue Assistance Act of 2000), December 21, 2000; Pub. L. 108-108 (Department of
the Interior and Related Agencies Appropriations Act, 2004), November 10, 2003; Pub.
L. 108-136 (National Defense Authorization Act for Fiscal Year 2004), November 24,
2003; Pub. L. 109-479 (United States-Russia Polar Bear Conservation and Management
Act of 2006), January 12, 2007; Pub. L. 115-123, February 9, 2018; Pub. L. 115-232
(John S. McCain National Defense Authorization Act for Fiscal Year 2019), August 13,
2018; and Pub. L. 115-329 (Endangered Salmon Predation Prevention Act), December
18, 2018.
ii

The provision concerning the disposition of fines, enacted as part of Pub. L. 106-113,
Div. B, section 1000(a)(3), technically is not part of the Marine Mammal Protection Act.
It, however, has been codified at 16 U.S.C. 1375a as though it were.
iii

The Dolphin Protection Consumer Information Act, enacted as section 901 of Pub. L.
101-627, technically is not part of the Marine Mammal Protection Act. It, however, has
been codified at 16 U.S.C. 1385 as though it were.

123