§ 1371. Moratorium on taking and importing marine mammals and marine mammal products

Footnotes

1. 1 So in original. Probably should be a reference to cl. (ii)(I).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Mammal Protection Act of 1972

   Pub. L. 92–522 title I § 101 · 86 Stat. 1027

   Enacted · 16 U.S.C. § 1371

   Pub. L. 92–522, title I, § 101, Oct. 21, 1972, 86 Stat. 1029

   Source evidence

   Code source credit
   Pub. L. 92–522, title I, § 101, Oct. 21, 1972, 86 Stat. 1029

   Enacted provision · exact public law section
   Sec. 101. moratorium and exceptions (a) 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) Permits may be issued by the Secretary for taking and importation for purposes of scientific research and for public display if— (A) the taking proposed in the application for any such permit, or (B) the importation proposed to be made, is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under title 11 of this Act. The Commission and Committee shall recommend any proposed taking or importation which is consistent with the purposes and policies of section 2 of this Act. The Secretary shall, if he grants approval for importation, issue to the importer concerned a certificate to that effect which shall be in such form as the Secretary of the Treasury prescribes and such importation may be made upon presentation of the certificate to the customs officer concerned. (2) During the twenty-four calendar months initially following the date of the enactment of this Act, the taking of marine mammals incidental to the course of commercial fishing operations shall be permitted, and shall not be subject to the provisions of sections 103 and 104 of this title: Provided, That such taking conforms to such conditions and regulations as the Secretary is authorized and directed to impose pursuant to section 111 hereof to insure that those techniques and equipment are used which will produce the least practicable hazard to marine mammals in such commercial fishing operations. Subsequent to such twenty-four months, marine mammals may be taken incidentally in the course of commercial fishing operations and permits may be issued thereof pursuant to section 104 of this title, subject to regulations prescribed by the Secretary in accordance with section 103 hereof. Incidental killing or injury, restriction. 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 shall request the Committee on Scientific Advisors on Marine Mammals to prepare for public dissemination detailed estimates of the numbers of mammals killed or seriously injured under existing commercial fishing technology and under the technology which shall be required subsequent to such twenty-four-month period, 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. The Secretary 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. (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 Regulations; permit requirement. any marine mammal product, and to adopt suitable regulations, issue permits, and make determinations in accordance with sections 102, 103, 104, and 111 of this title permitting and governing such taking and importing, in accordance with such determinations: Provided, however, That the Secretary, in making such determinations, must be assured that the taking of such marine mammal is in accord with sound principles of resource protection and conservation as provided in the purposes and policies of this 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 as provided for in Endangered species. paragraph (1) of this subsection, during the moratorium no permit may be issued for the taking of any marine mammal which is classified as belonging to an endangered species pursuant to the Endangered Species Conservation “Act of 1969 or has been 80 Stat. 926; 83 Stat. 283. 16 USC 6680a note. Alaskan natives, exemptions. designated by the Secretary as depleted, and no importation may he made of any such mammal. (b) The provisions of this Act shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking— (1) is for subsistence purposes by Alaskan natives who reside in Alaska, or (2) is done for purposes of creating and selling authentic native articles of handicrafts and clothing: Provided, That only authentic native articles of handicrafts and clothing may be sold in interstate commerce: And provided further, That any edible portion of marine mammals may be sold in native villages and towns in Alaska or for native consumption. For the purposes of this subsection, the term “authentic native articles of handicrafts “Authenic native articles of handicrafts and clothing.” 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, Depleted species or stocks, regulations. 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 of this title and shall be removed as soon as the Secretary determines that the need for their imposition has disappeared. (c) In order to minimize undue economic hardship to persons subject to this Act, other than those engaged in commercial fishing operations referred to in subsection (a) (2) of this section, the Secretary, upon any such person filing an application with him and upon filing such information as the Secretary may require showing, to his satisfaction, such hardship, may exempt such person or class of persons from provisions of th is Act for no more than one year from the date of the enactment of this Act, as he determines to be appropriate.

2. 1973

   Endangered Species Art of 1973

   Pub. L. 93–205 § 13(e)(2) · 87 Stat. 884

   Substituted · 16 U.S.C. § 1371(a)(3)(B)

   Pub. L. 93–205 substituted “or threatened species pursuant to the Endangered Species Act of 1973” for “pursuant to the Endangered Species Conservation Act of 1969”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B). Pub. L. 93–205 substituted “or threatened species pursuant to the Endangered Species Act of 1973” for “pursuant to the Endangered Species Conservation Act of 1969”.

   Enacted provision · exact public law section
   (2) by striking out “pursuant to the Endangered Species Conservation Act of 1960” in section 101(a)(3)(B) thereof and 16 USC 1371. inserting in lieu thereof the following: “or threatened species pursuant to the Endangered Species Act of 1973”;

3. 1981

   Pub. L. 97–58 § 2(1)(A) · 95 Stat. 979

   Changed · 16 U.S.C. § 1371(a)(2)

   Pub. L. 97–58, § 2(1)(A), provided that the immediate goal of reducing to insignificant levels approaching a zero mortality and serious injury rate the incidental kill or serious injury of marine mammals permitted in the course of commercial fishing operations be satisfied in the case of purse seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 97–58, § 2(1)(A), provided that the immediate goal of reducing to insignificant levels approaching a zero mortality and serious injury rate the incidental kill or serious injury of marine mammals permitted in the course of commercial fishing operations be satisfied in the case of purse seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable.

   Enacted provision · exact public law section
   (A) by striking out the first four sentences of paragraph (2) and inserting in lieu thereof the following: “(2) Marine mammals may be taken incidentally in the course of com-mercial fishing operations and permits may be issued therefor 16 USC 1374. 16 USC 1373. under section 104 subject to regulations prescribed by the Secretary in accordance with 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; provided that this goal shall be satisfied in the case of the incidental taking of marine mammals in the course of purse seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable.”,

4. 1981

   Pub. L. 97–58 § 2(1)(B) · 95 Stat. 979

   Struck · 16 U.S.C. § 1371(a)(3)(B)

   Pub. L. 97–58, § 2(1)(B), struck out “is classified as belonging to an endangered species or threatened species pursuant to the Endangered Species Act of 1973 or” after “the taking of any marine mammal which”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B). Pub. L. 97–58, § 2(1)(B), struck out “is classified as belonging to an endangered species or threatened species pursuant to the Endangered Species Act of 1973 or” after “the taking of any marine mammal which”.

   Enacted provision · exact public law section
   (B) by striking out “is classified as belonging to an endangered species or threatened species pursuant to the Endangered 16 USC 1531 note. Species Act of 1973 or” in paragraph (3)(B), and

5. 1981

   Pub. L. 97–58 § 2(1)(C) · 95 Stat. 979

   Added · 16 U.S.C. § 1371(a)(4); 16 U.S.C. § 1371(a)(5)

   Pub. L. 97–58, § 2(1)(C), added pars. (4) and (5)

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 97–58, § 2(1)(C), added pars. (4) and (5).

   Enacted provision · exact public law section
   (C) by adding at the end thereof the following new paragraphs: “(4) (A) During any period of five consecutive years, the Secretary shall allow the incidental, but not the intentional, taking, by citizens of the United States while engaging in commercial fishing operations, of small numbers of marine mammals of a species or population stock that is not depleted if the Secretary, after notice and opportunity for public comment— “(i) finds that the total of such taking during such five-year period will have a negligible impact on such species or stock; and “(ii) provides guidelines pertaining to the establishment of a cooperative system among the fishermen involved for the monitoring of such taking. “(B) The Secretary shall withdraw, or suspend for a time certain, the permission to take marine mammals under subparagraph (A) if the Secretary finds, after notice and opportunity for public comment, that— “(i) the taking allowed under subparagraph (A) is having more than a negligible impact on the species or stock concerned; or “(ii) the policies, purposes and goals of this Act would be better served through the application of this title without regard to this subsection. Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this paragraph. “(5) (A) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking by citizens while engaging in that activity within that region of small numbers of marine mammals of a species or population stock that is not depleted 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 its habitat, and on the availability of such species or stock for taking for subsistence uses pursuant to Post, p. 982. subsection (b) or section 109(f); and “(ii) prescribes regulations setting forth— “(I) permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance; and “(II) requirements pertaining to the monitoring and reporting of such taking. “(B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class basis, 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 Emergency situation. 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. “(i) Sections 103 and 104 shall not apply to the taking of marine 16 USC 1373, 1374. mammals under the authority of this paragraph.”; and

6. 1981

   Pub. L. 97–58 § 2(2) · 95 Stat. 979

   1. Substituted · 16 U.S.C. § 1371(b)

      Pub. L. 97–58, § 2(2), substituted “Except as provided in section 1379 of this title, the provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and” for “The provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo” in provisions preceding par. (1) and, in par. (1)

   2. Substituted · 16 U.S.C. § 1371(b)

      Pub. L. 97–58, § 2(2), substituted “is for subsistence purposes; or” for “is for subsistence purposes by Alaskan natives who reside in Alaska, or”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–58, § 2(2), substituted “Except as provided in section 1379 of this title, the provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and” for “The provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo” in provisions preceding par. (1) and, in par. (1), substituted “is for subsistence purposes; or” for “is for subsistence purposes by Alaskan natives who reside in Alaska, or”.

   Enacted provision · exact public law section
   (2) by amending subsection (b)— (A) by amending the matter preceding paragraph (1) to read as follows: “Except as provided in section 109, the Post, p. 982. 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—”, and (B) by amending paragraph (1) to read as follows: “(1) is for subsistence purposes; or”.

7. 1984

   Pub. L. 98–364 title I § 101 · 98 Stat. 440

   1. Amended · 16 U.S.C. § 1371(a)(2)

      Pub. L. 98–364 amended last sentence generally, restating existing provisions in cl. (A)

   2. Added · 16 U.S.C. § 1371(a)(2)

      Pub. L. 98–364 adding cl. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 98–364 amended last sentence generally, restating existing provisions in cl. (A) and adding cl. (B).

   Enacted provision · exact public law section
   Sec. 101. The last sentence of section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended to read as follows: “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; and “(B) in the case of yellowfin tuna harvested with purse seines 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) the government of the harvesting nation has adopted a regulatory program governing the incidental taking of marine mammals in the course of such harvesting that is comparable to that of the United States; and “(ii) the average rate of that incidental taking by the vessels of the harvesting nation is comparable to the average rate of incidental taking of marine mammals by United States vessels in the course of such harvesting.”.

8. 1986

   Pub. L. 99–659 § 411(a)(1) · 100 Stat. 3706

   Struck · 16 U.S.C. § 1371(a)(5)(A)

   Pub. L. 99–659, § 411(a)(1), in provisions preceding cl. (i) struck out “that is not depleted” after “population stock”

   Source evidence

   Code amendment note
   Subsec. (a)(5)(A). Pub. L. 99–659, § 411(a)(1), in provisions preceding cl. (i) struck out “that is not depleted” after “population stock”.

   Enacted provision · exact public law section
   (1) by striking “that is not depleted”;

9. 1986

   Pub. L. 99–659 § 411(a)(2) · 100 Stat. 3706

   1. Substituted · 16 U.S.C. § 1371(a)(5)(A)(i)

      Pub. L. 99–659, § 411(a)(2), substituted “will not have an unmitigable adverse impact” for “its habitat, and”

   2. Inserted · 16 U.S.C. § 1371(a)(5)(A)(i)

      Pub. L. 99–659, § 411(a)(2), inserted “or, in the case of a cooperative agreement under both this chapter and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to section 1382(c) of this title”

   Source evidence

   Code amendment note
   Subsec. (a)(5)(A)(i). Pub. L. 99–659, § 411(a)(2), substituted “will not have an unmitigable adverse impact” for “its habitat, and”, and inserted “or, in the case of a cooperative agreement under both this chapter and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to section 1382(c) of this title”.

   Enacted provision · exact public law section
   (2) in clause (i)— (A) by striking “its habitat, and” and inserting in lieu thereof “will not have an unmitigable adverse impact”; and (B) by inserting “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)” immediately after “or section 109(f)”; and

10. 1986

    Pub. L. 99–659 § 411(a)(3) · 100 Stat. 3706

    Inserted · 16 U.S.C. § 1371(a)(5)(A)(ii)(I)

    Pub. L. 99–659, § 411(a)(3), inserted “, and on the availability of such species or stock for subsistence uses”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(A)(ii)(I). Pub. L. 99–659, § 411(a)(3), inserted “, and on the availability of such species or stock for subsistence uses”.

    Enacted provision · exact public law section
    (3) in clause (ii)(I), by inserting “, and on the availability of such species or stock for subsistence uses” immediately after “significance”.

11. 1988

    Marine Mammal Protection Act Amendments of 1988

    Pub. L. 100–711 § 5(c) · 102 Stat. 4755

    Substituted · 16 U.S.C. § 1371(a)(1)

    Pub. L. 100–711, § 5(c), which directed that par. (1) be amended generally to read as follows: “(1) Consistent with the provisions of section 1374 of this title, permits may be issued by the Secretary for taking and importation for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock if—”, was executed as the probable intent of Congress by substituting such provisions for provisions of par. (1) before subpar. (A) which read as follows: “Permits may be issued by the Secretary for taking and importation for purposes of scientific research and for public display if—”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–711, § 5(c), which directed that par. (1) be amended generally to read as follows: “(1) Consistent with the provisions of section 1374 of this title, permits may be issued by the Secretary for taking and importation for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock if—”, was executed as the probable intent of Congress by substituting such provisions for provisions of par. (1) before subpar. (A) which read as follows: “Permits may be issued by the Secretary for taking and importation for purposes of scientific research and for public display if—”.

    Enacted provision · exact public law section
    (c) Paragraph (1) of section 101(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)) is amended to read as follows: “(1) Consistent with the provisions of section 104, permits may Imports. be issued by the Secretary for taking and importation for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock if—”.

12. 1988

    Marine Mammal Protection Act Amendments of 1988

    Pub. L. 100–711 § 4(a) · 102 Stat. 4755

    1. Inserted · 16 U.S.C. § 1371(a)(2)

       Pub. L. 100–711, § 4(a), inserted provisions at end of subpar. (B) relating to finding by Secretary that regulatory program, or average rate of incidental taking by vessels, of harvesting nation is comparable to that of United States

    2. Added · 16 U.S.C. § 1371(a)(2)

       Pub. L. 100–711, § 4(a), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 100–711, § 4(a), inserted provisions at end of subpar. (B) relating to finding by Secretary that regulatory program, or average rate of incidental taking by vessels, of harvesting nation is comparable to that of United States, and added subpars. (C) and (D).

    Enacted provision · exact public law section
    (a) Section 101(a)(2) of the Marine Mammal Protection Act Commerce and trade. of 1972 (16 U.S.C. 1371(a)(2)) is amended— (1) in subparagraph (A), by striking “and” at the end; (2) in subparagraph (B)— (A) in clause (ii), by striking the period at the end and inserting in lieu thereof a comma; and (B) by adding at the end, flush with the margin, the following: “except that the Secretary shall not find that the regulatory program, or the average rate of incidental taking by vessels, of a harvesting nation is comparable to that of the United States for purposes of clause (i) or (ii) of this paragraph unless— “(I) the regulatory program of the harvesting nation includes, by no later than the beginning of the 1990 fishing season, such prohibitions against encircling pure schools of species of marine mammals, conducting sundown sets, and other activities as are made applicable to United States vessels; “(II) the average rate of the incidental taking by vessels of the harvesting nation is no more than 2.0 times that of United States vessels during the same period by the end of the 1989 fishing season and no more than 1.25 times that of United States vessels during the same period by the end of the 1990 fishing season and thereafter; “(III) the total number of eastern spinner dolphin (Stenella longirostris) incidentally taken by vessels of the harvesting nation during the 1989 and subsequent fishing seasons does not exceed 15 percent of the total number of all marine mammals incidentally taken by such vessels in such year and the total number of coastal spotted dolphin (Stenella attenuata) incidentally taken by such vessels in such seasons does not exceed 2 percent of the total number of all marine mammals incidentally taken by such vessels in such year; “(IV) the rate of incidental taking of marine mammals by the vessels of the harvesting nation during the 1989 and subsequent fishing seasons is monitored by the porpoise mortality observer program of the Inter-American Tropical Tuna Commission or an equivalent international program in which the United States participates and is based upon observer coverage that is equal to that achieved for United States vessels during the same period, except that the Secretary may approve an alternative observer program if the Secretary determines, no less than sixty days after publication in the Federal Register of the Secretary’s proposal and reasons therefor, that such an alternative observer program will provide sufficiently reliable documentary evidence of the average rate of incidental taking by a harvesting nation; and “(V) the harvesting nation complies with all reasonable requests by the Secretary for cooperation in carrying out the scientific research program required by section 104(h)(3) of this title;”; and (3) by adding at the end the following new subparagraphs: “(C) Exports. Imports. shall require the government of any intermediary nation from which yellowfin tuna or tuna products will be exported to the United States to certify and provide reasonable proof that it has acted to prohibit the importation of such tuna and tuna products from any nation from which direct export to the United States of such tuna and tuna products is banned under this section within sixty days following the effective date of such ban on importation to the United States; and “(D) Imports. 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 Fishermen’s Protective Act of 1967 (22 U.S.C. 1978(a)) for as long as such ban is in effect.”.

13. 1988

    Marine Mammal Protection Act Amendments of 1988

    Pub. L. 100–711 § 5(e)(1) · 102 Stat. 4755

    Inserted · 16 U.S.C. § 1371(a)(3)(B)

    Pub. L. 100–711, § 5(e)(1), inserted “or enhancing the survival or recovery of a species or stock” after “scientific research purposes”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 100–711, § 5(e)(1), inserted “or enhancing the survival or recovery of a species or stock” after “scientific research purposes”.

    Enacted provision · exact public law section
    (1) Section 101(a)(3)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(3)(B)) is amended by inserting, immediately after “scientific research purposes”, the following: “or enhancing the survival or recovery of a species or stock”.

14. 1990

    Dolphin Protection Consumer Information Act

    Pub. L. 101–627 title IX § 901(g) · 104 Stat. 4436

    Added · 16 U.S.C. § 1371(a)(2)

    Pub. L. 101–627 added subpar. (E) and concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 101–627 added subpar. (E) and concluding provisions.

    Enacted provision · exact public law section
    (g) Treatment of Fish Caught With Driftnets.— Section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended— (1) in subparagraph (C) by striking “and” after the semicolon at the end; (2) in subparagraph (D) by striking the period at the end and inserting and”; and (3) by adding at the end the following: “(E) (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 July 1, 1992, 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 (E), 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).”.

15. 1992

    High Seas Driftnet Fisheries Enforcement Act

    Pub. L. 102–582 § 103(2) · 106 Stat. 4900

    Inserted · 16 U.S.C. § 1371(a)(2)

    Pub. L. 102–582, § 103(2), inserted before period at end “, except that, until January 1, 1994, the term ‘driftnet’ does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–582, § 103(2), inserted before period at end “, except that, until January 1, 1994, the term ‘driftnet’ does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Community”.

    Enacted provision · exact public law section
    (2) in the last sentence by inserting “, 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” immediately after “(16 U.S.C. 1822 note)”.

16. 1992

    High Seas Driftnet Fisheries Enforcement Act

    Pub. L. 102–582 § 401(b) · 106 Stat. 4900

    Amended · 16 U.S.C. § 1371(a)(2)(C)

    Pub. L. 102–582, § 401(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “shall require the government of any intermediary nation from which yellowfin tuna or tuna products will be exported to the United States to certify and provide reasonable proof that it has acted to prohibit the importation of such tuna and tuna products from any nation from which direct export to the United States of such tuna and tuna products is banned under this section within sixty days following the effective date of such ban on importation to the United States;”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 102–582, § 401(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “shall require the government of any intermediary nation from which yellowfin tuna or tuna products will be exported to the United States to certify and provide reasonable proof that it has acted to prohibit the importation of such tuna and tuna products from any nation from which direct export to the United States of such tuna and tuna products is banned under this section within sixty days following the effective date of such ban on importation to the United States;”.

    Enacted provision · exact public law section
    (b) Embargo On Imports From Intermediary Nations.— Section 101(a)(2)(C) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)(C)) is amended to read as follows: “(C) 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);”.

17. 1992

    High Seas Driftnet Fisheries Enforcement Act

    Pub. L. 102–582 § 103(1) · 106 Stat. 4900

    Substituted · 16 U.S.C. § 1371(a)(2)(E)(i)

    Pub. L. 102–582, § 103(1), substituted “January 1, 1993” for “July 1, 1992”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(E)(i). Pub. L. 102–582, § 103(1), substituted “January 1, 1993” for “July 1, 1992”.

    Enacted provision · exact public law section
    (1) in subparagraph (E)(i) by striking “July 1, 1992” and inserting in lieu thereof “January 1, 1993”; and

18. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(a)(1) · 108 Stat. 532

    Amended · 16 U.S.C. § 1371(a)(1)

    Pub. L. 103–238, § 4(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Consistent with the provisions of section 1374 of this title, permits may be issued by the Secretary for taking and importation for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock if—

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–238, § 4(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Consistent with the provisions of section 1374 of this title, permits may be issued by the Secretary for taking and importation for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock if—

    “(A) the taking proposed in the application for any such permit, or “(B) the importation proposed to be made, is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter. The Commission and Committee shall recommend any proposed taking or importation which is consistent with the purposes and policies of section 1361 of this title. The Secretary shall, if he grants approval for importation, issue to the importer concerned a certificate to that effect which shall be in such form as the Secretary of the Treasury prescribes and such importation may be made upon presentation of the certificate to the customs officer concerned.”

    Enacted provision · exact public law section
    (1) by amending paragraph (1) to read as follows: “(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. 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 of this Act. 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.”;

19. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(a)(2) · 108 Stat. 532

    Inserted · 16 U.S.C. § 1371(a)(2)

    Pub. L. 103–238, § 4(a)(2), inserted before period at end of first sentence “, or in lieu of such permits, authorizations may be granted therefor under section 1387 of this title, subject to regulations prescribed under that section by the Secretary without regard to section 1373 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–238, § 4(a)(2), inserted before period at end of first sentence “, or in lieu of such permits, authorizations may be granted therefor under section 1387 of this title, subject to regulations prescribed under that section by the Secretary without regard to section 1373 of this title”.

    Enacted provision · exact public law section
    (2) in paragraph (2) in the first sentence, by inserting before the period at the end the following: “, 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”;

20. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(a)(3) · 108 Stat. 532

    Inserted · 16 U.S.C. § 1371(a)(3)(B)

    Pub. L. 103–238, § 4(a)(3), inserted “, photography for educational or commercial purposes,” after “purposes” and “or as provided for under paragraph (5) of this subsection,” after “subsection,”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 103–238, § 4(a)(3), inserted “, photography for educational or commercial purposes,” after “purposes” and “or as provided for under paragraph (5) of this subsection,” after “subsection,”.

    Enacted provision · exact public law section
    (3) in paragraph (3)(B)— (A) by inserting “, photography for educational or commercial purposes,” after “purposes”; and (B) by inserting “or as provided for under paragraph (5)of this subsection,” after “subsection,”;

21. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(a)(4) · 108 Stat. 532

    Amended · 16 U.S.C. § 1371(a)(4)

    Pub. L. 103–238, § 4(a)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–238, § 4(a)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows:

    “(4)(A) During any period of five consecutive years, the Secretary shall allow the incidental, but not the intentional, taking, by citizens of the United States while engaging in commercial fishing operations, of small numbers of marine mammals of a species or population stock that is not depleted if the Secretary, after notice and opportunity for public comment— “(i) finds that the total of such taking during such five-year period will have a negligible impact on such species or stock; and “(ii) provides guidelines pertaining to the establishment of a cooperative system among the fishermen involved for the monitoring of such taking. “(B) The Secretary shall withdraw, or suspend for a time certain, the permission to take marine mammals under subparagraph (A) if the Secretary finds, after notice and opportunity for public comment, that— “(i) the taking allowed under subparagraph (A) is having more than a negligible impact on the species or stock concerned; or “(ii) the policies, purposes and goals of this chapter would be better served through the application of this title without regard to this subsection. Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this paragraph.”

    Enacted provision · exact public law section
    (4) by amending paragraph (4) to read as follows: “(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; “(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 Federal Register, publication. 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, 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.”;

22. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(a)(5) · 108 Stat. 532

    Added · 16 U.S.C. § 1371(a)(5)(D); 16 U.S.C. § 1371(a)(5)(E)

    Pub. L. 103–238, § 4(a)(5), added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Subsec. (a)(5)(D), (E). Pub. L. 103–238, § 4(a)(5), added subpars. (D) and (E).

    Enacted provision · exact public law section
    (5) in paragraph (5) by adding at the end the following new subparagraphs: “(D) (i) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specific geographic region, the Secretary shall authorize, for periods of not more than 1 year, subject to such conditions as the Secretary may specify, the incidental, but not intentional, taking by harassment of small numbers of marine mammals of a species or population stock by such citizens while engaging in that activity within that region if the Secretary finds that such harassment during each period concerned— “(I) will have a negligible impact on such species or stock, and “(II) will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b), or section 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 avail-ability of such species or stock for taking for subsistence uses pursuant to subsection (b) 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) 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) 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. “(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 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 Federal Register, publication. 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) when-ever the Secretary determines there has been a significant change in the information or conditions used to determine such list. “(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).”; and

23. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(a)(6) · 108 Stat. 532

    Added · 16 U.S.C. § 1371(a)(6)

    Pub. L. 103–238, § 4(a)(6), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 103–238, § 4(a)(6), added par. (6).

    Enacted provision · exact public law section
    (6) by adding at the end the following new paragraph: “(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.”.

24. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(b) · 108 Stat. 532

    Inserted · 16 U.S.C. § 1371(b)

    Pub. L. 103–238, § 4(b), inserted at end “In promulgating any regulation or making any assessment pursuant to a hearing or proceeding under this subsection or section 1386(b)(2) of this title, or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regulation, assessment, determination, or finding is supported by substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–238, § 4(b), inserted at end “In promulgating any regulation or making any assessment pursuant to a hearing or proceeding under this subsection or section 1386(b)(2) of this title, or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regulation, assessment, determination, or finding is supported by substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.”

    Enacted provision · exact public law section
    (b) Actions Affecting Section 101(b).— Section 101(b) (16 U.S.C. 1371(b)) is amended by adding at the end the following new sentences: “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 immitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regulation, assessment, determination, or finding is supported by substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.”.

25. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 4(c) · 108 Stat. 532

    Amended · 16 U.S.C. § 1371(c)

    Pub. L. 103–238, § 4(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In order to minimize undue economic hardship to persons subject to this chapter, other than those engaged in commercial fishing operations referred to in subsection (a)(2) of this section, the Secretary, upon any such person filing an application with him and upon filing such information as the Secretary may require showing, to his satisfaction, such hardship, may exempt such person or class of persons from provisions of this chapter for no more than one year from October 21, 1972, as he determines to be appropriate.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–238, § 4(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In order to minimize undue economic hardship to persons subject to this chapter, other than those engaged in commercial fishing operations referred to in subsection (a)(2) of this section, the Secretary, upon any such person filing an application with him and upon filing such information as the Secretary may require showing, to his satisfaction, such hardship, may exempt such person or class of persons from provisions of this chapter for no more than one year from October 21, 1972, as he determines to be appropriate.”

    Enacted provision · exact public law section
    (c) Taking in Defense of Self or Others.— Section 101(c) (16 U.S.C. 1371(c)) is amended to read as follows: “(c) 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.”.

26. 1996

    Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 div. A title I § 101(a)(tII)(s211)(b) · 110 Stat. 3009

    Changed · 16 U.S.C. § 1371(a)(5)(E)(i)

    Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1824(b) of this title

    Source evidence

    Code amendment note
    Subsec. (a)(5)(E)(i). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1824(b) of this title.

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

27. 1997

    Pub. L. 105–18 title II § 2003 · 111 Stat. 158

    Added · 16 U.S.C. § 1371(d)

    Pub. L. 105–18 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–18 added subsec. (d).

    Enacted provision · exact public law section
    Sec. 2003. Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is amended by adding at the end thereof the following: “(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.”.

28. 1997

    International Dolphin Conservation Program Act

    Pub. L. 105–42 § 4(a) · 111 Stat. 1122

    1. Inserted · 16 U.S.C. § 1371(a)(2)

       Pub. L. 105–42, § 4(a), (b)(4), in introductory provisions, inserted after first sentence “Such authorizations may be granted under subchapter IV with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that subchapter by the Secretary without regard to section 1373 of this title.”

    2. Struck · 16 U.S.C. § 1371(a)(2)

       Pub. L. 105–42, § 4(a), (b)(4), in introductory provisions, struck out “; provided that this goal shall be satisfied in the case of the incidental taking of marine mammals in the course of purse seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable” after “serious injury rate” and, in closing provisions

    3. Substituted · 16 U.S.C. § 1371(a)(2)

       Pub. L. 105–42, § 4(a), (b)(4), in introductory provisions, substituted “For purposes of subparagraph (F)” for “For purposes of subparagraph (E)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 105–42, § 4(a), (b)(4), in introductory provisions, inserted after first sentence “Such authorizations may be granted under subchapter IV with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that subchapter by the Secretary without regard to section 1373 of this title.” and struck out “; provided that this goal shall be satisfied in the case of the incidental taking of marine mammals in the course of purse seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable” after “serious injury rate” and, in closing provisions, substituted “For purposes of subparagraph (F)” for “For purposes of subparagraph (E)”.

    Enacted provision · exact public law section
    (a) Exceptions to Moratorium.— Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended— (1) by inserting after the first sentence “Such authorizations may be granted under title III 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.”; and (2) by striking the semicolon in the second sentence and all that follows through “practicable”.

    Effective date note
    For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

29. 1997

    International Dolphin Conservation Program Act

    Pub. L. 105–42 § 4(b)(1) · 111 Stat. 1122

    1. Added · 16 U.S.C. § 1371(a)(2)(B)

       Pub. L. 105–42, § 4(b)(1), added subpar. (B)

    2. Struck · 16 U.S.C. § 1371(a)(2)(B)

       Pub. L. 105–42, § 4(b)(1), struck out former subpar. (B) which contained requirement that nations exporting yellowfin tuna harvested with purse seines in eastern tropical Pacific Ocean provide documentary evidence of adoption of regulatory program governing incidental taking of other mammals and comparison of the average rates of incidental taking between harvesting nation and United States

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 105–42, § 4(b)(1), added subpar. (B) and struck out former subpar. (B) which contained requirement that nations exporting yellowfin tuna harvested with purse seines in eastern tropical Pacific Ocean provide documentary evidence of adoption of regulatory program governing incidental taking of other mammals and comparison of the average rates of incidental taking between harvesting nation and United States.

    Enacted provision · exact public law section
    (1) by striking subparagraph (B) and inserting the following: “(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 perstock 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;”;

    Effective date note
    For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

30. 1997

    International Dolphin Conservation Program Act

    Pub. L. 105–42 § 4(b)(2) · 111 Stat. 1122

    1. Added · 16 U.S.C. § 1371(a)(2)(C)(F)

       Pub. L. 105–42, § 4(b)(2), (3), added subpar. (C)

    2. Redesignated · 16 U.S.C. § 1371(a)(2)(C)(F)

       Pub. L. 105–42, § 4(b)(2), (3), redesignated former subpars. (C) to (E) as (D) to (F), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C) to (F). Pub. L. 105–42, § 4(b)(2), (3), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively;

    Effective date note
    For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

31. 1997

    International Dolphin Conservation Program Act

    Pub. L. 105–42 § 4(c) · 111 Stat. 1122

    Added · 16 U.S.C. § 1371(e)

    Pub. L. 105–42, § 4(c), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–42, § 4(c), added subsec. (e).

    Enacted provision · exact public law section
    (c) Certain Incidental Takings.— Section 101 (16 U.S.C. 1371) is further amended by adding at the end the following new subsection: “(e) Act Not to Apply to Incidental Takings by United States Citizens Employed on Foreign Vessels Outside the United States EEZ.— The provisions of this Act shall not apply to a citizen of the United States who incidentally takes any marine mammal during fishing operations outside the United States exclusive economic zone (as denned in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) when employed on a foreign fishing vessel of a harvesting nation which is in compliance with the International Dolphin Conservation Program.”.

    Effective date note
    For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

32. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 319(c)(1) · 117 Stat. 1392

    1. Amended · 16 U.S.C. § 1371(a)(5)(A)

       Pub. L. 108–136, § 319(c)(1), designated existing provisions as cl. (i)

    2. Redesignated · 16 U.S.C. § 1371(a)(5)(A)

       Pub. L. 108–136, § 319(c)(1), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively

    3. Redesignated · 16 U.S.C. § 1371(a)(5)(A)

       Pub. L. 108–136, § 319(c)(1), redesignated former subcls. (I) and (II) of former cl. (ii) as items (aa) and (bb) of subcl. (II), respectively

    4. Added · 16 U.S.C. § 1371(a)(5)(A)

       Pub. L. 108–136, § 319(c)(1), added cls. (ii) and (iii)

    Source evidence

    Code amendment note
    Subsec. (a)(5)(A). Pub. L. 108–136, § 319(c)(1), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, redesignated former subcls. (I) and (II) of former cl. (ii) as items (aa) and (bb) of subcl. (II), respectively, and added cls. (ii) and (iii).

    Enacted provision · exact public law section
    (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) and subclauses (I) and (II) as subclauses (I) and (II) and items (aa) and (bb), respectively; (B) by inserting “(i)” after “(5)(A)”; and (C) by adding at the end the following new clauses: “(ii) 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. “(iii) Federal Register, publication. 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.” ;

33. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 319(c)(2) · 117 Stat. 1392

    Added · 16 U.S.C. § 1371(a)(5)(D)(vi); 16 U.S.C. § 1371(a)(5)(D)(vii)

    Pub. L. 108–136, § 319(c)(2), added cls. (vi) and (vii)

    Source evidence

    Code amendment note
    Subsec. (a)(5)(D)(vi), (vii). Pub. L. 108–136, § 319(c)(2), added cls. (vi) and (vii).

    Enacted provision · exact public law section
    (2) in subparagraph (D), by adding at the end the following new clauses: “(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. “(vii) Federal Register, publication. 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.” ; and

34. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 319(c)(3) · 117 Stat. 1392

    Added · 16 U.S.C. § 1371(a)(5)(F)

    Pub. L. 108–136, § 319(c)(3), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (a)(5)(F). Pub. L. 108–136, § 319(c)(3), added subpar. (F).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subparagraph: “(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’.” .

35. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 319(b) · 117 Stat. 1392

    Added · 16 U.S.C. § 1371(f)

    Pub. L. 108–136, § 319(b), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–136, § 319(b), added subsec. (f).

    Enacted provision · exact public law section
    (b) Exemption of Actions Necessary for National Defense.— Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is amended by inserting after subsection (e) the following: “(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) Deadline. 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 Deadline. 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 Deadline. 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.” .

36. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 316(1) · 132 Stat. 1636

    Substituted · 16 U.S.C. § 1371(a)(5)(A)(i)

    Pub. L. 115–232, § 316(1), substituted “Except as provided by clause (ii), upon request” for “Upon request” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(5)(A)(i). Pub. L. 115–232, § 316(1), substituted “Except as provided by clause (ii), upon request” for “Upon request” in introductory provisions.

    Enacted provision · exact public law section
    (1) in clause (i), by striking “Upon request” and inserting “Except as provided by clause (ii), upon request”;

37. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 316(2) · 132 Stat. 1636

    1. Added · 16 U.S.C. § 1371(a)(5)(A)(ii)(iv)

       Pub. L. 115–232, § 316(2), (3), added cl. (ii)

    2. Redesignated · 16 U.S.C. § 1371(a)(5)(A)(ii)(iv)

       Pub. L. 115–232, § 316(2), (3), redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(5)(A)(ii) to (iv). Pub. L. 115–232, § 316(2), (3), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

    Enacted provision · exact public law section
    (2) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

38. 2026

    Pub. L. 119–99 § 2 · 140 Stat. 842

    Amended · 16 U.S.C. § 1371(b)

    Pub. L. 119–99 amended subsec. (b) generally. Prior to amendent, text read as follows: “Except as provided in section 1379 of this title, the provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking—

    Unresolved: Pub. L. 119–99 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 119–99 amended subsec. (b) generally. Prior to amendent, text read as follows: “Except as provided in section 1379 of this title, the provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking—

    “is for subsistence purposes; or “is done for purposes of creating and selling authentic native articles of handicrafts and clothing: Provided, That only authentic native articles of handicrafts and clothing may be sold in interstate commerce: And provided further, That any edible portion of marine mammals may be sold in native villages and towns in Alaska or for native consumption. For the purposes of this subsection, the term ‘authentic native articles of handicrafts and clothing’ means items composed wholly or in some significant respect of natural materials, and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other mass copying devices. Traditional native handicrafts include, but are not limited to weaving, carving, stitching, sewing, lacing, beading, drawing and painting; and “(3) in each case, is not accomplished in a wasteful manner. Notwithstanding the preceding provisions of this subsection, when, under this chapter, the Secretary determines any species or stock of marine mammal subject to taking by Indians, Aleuts, or Eskimos to be depleted, he may prescribe regulations upon the taking of such marine mammals by any Indian, Aleut, or Eskimo described in this subsection. Such regulations may be established with reference to species or stocks, geographical description of the area included, the season for taking, or any other factors related to the reason for establishing such regulations and consistent with the purposes of this chapter. Such regulations shall be prescribed after notice and hearing required by section 1373 of this title and shall be removed as soon as the Secretary determines that the need for their imposition has disappeared. In promulgating any regulation or making any assessment pursuant to a hearing or proceeding under this subsection or section 1386(b)(2) of this title, or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regulation, assessment, determination, or finding is supported by substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.”

49 of 50 references resolved to an enrolled provision · 1 unresolved