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16 U.S.C. § 1373 — Regulations on taking of marine mammals

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1373 — Regulations on taking of marine mammals

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Source file: Laws/federal/codes/united-states-code/title-16/section-1373-regulations-on-taking-of-marine-mammals--fe5c8ad6a2.md
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Source location: Title 16, Chapter 31, § 1373; chapter-031-marine-mammal-protection.md

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**(a) Necessity and appropriateness** The Secretary, on the basis of the best scientific evidence available and in consultation with the Marine Mammal Commission, shall prescribe such regulations with respect to the taking and importing of animals from each species of marine mammal (including regulations on the taking and importing of individuals within population stocks) as he deems necessary and appropriate to insure that such taking will not be to the disadvantage of those species and population stocks and will be consistent with the purposes and policies set forth in [section 1361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim). **(b) Factors considered in prescribing regulations** In prescribing such regulations, the Secretary shall give full consideration to all factors which may affect the extent to which such animals may be taken or imported, including but not limited to the effect of such regulations on— (1) existing and future levels of marine mammal species and population stocks; (2) existing international treaty and agreement obligations of the United States; (3) the marine ecosystem and related environmental considerations; (4) the conservation, development, and utilization of fishery resources; and (5) the economic and technological feasibility of implementation. **(c) Allowable restrictions** The regulations prescribed under subsection (a) of this section for any species or population stock of marine mammal may include, but are not limited to, restrictions with respect to— (1) the number of animals which may be taken or imported in any calendar year pursuant to permits issued under [section 1374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374&num=0&edition=prelim); (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 1371(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/3/A&num=0&edition=prelim) and on such regulations, except that, in addition to any other requirements, imposed by law with respect to agency rulemaking, the Secretary shall publish and make available to the public either before or concurrent with the publication of notice in the Federal Register of his intention to prescribe regulations under this section— (1) a statement of the estimated existing levels of the species and population stocks of the marine mammal concerned; (2) a statement of the expected impact of the proposed regulations on the optimum sustainable population of such species or population stock; (3) a statement describing the evidence before the Secretary upon which he proposes to base such regulations; and (4) any studies made by or for the Secretary or any recommendations made by or for the Secretary or the Marine Mammal Commission which relate to the establishment of such regulations. **(e) Periodic review** Any regulation prescribed pursuant to this section shall be periodically reviewed, and may be modified from time to time in such manner as the Secretary deems consistent with and necessary to carry out the purposes of this chapter. **(f) Report to Congress** Within six months after the effective date of this chapter and every twelve months thereafter, the Secretary shall report to the public through publication in the Federal Register and to the Congress on the current status of all marine mammal species and population stocks subject to the provisions of this chapter. His report shall describe those actions taken and those measures believed necessary, including where appropriate, the issuance of permits pursuant to this subchapter to assure the well-being of such marine mammals.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

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16 U.S.C. § 1374 — Permits

**(a) Issuance** The Secretary may issue permits which authorize the taking or importation of any marine mammal. Permits for the incidental taking of marine mammals in the course of commercial fishing operations may only be issued as specifically provided for in sections 11 So in original. Probably should be “section”. 1371(a)(5) or 1416 of this title, or subsection (h) of this section. **(b) Requisite provisions** Any permit issued under this section shall— (1) be consistent with any applicable regulation established by the Secretary under [section 1373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1373&num=0&edition=prelim), and (2) specify— (A) the number and kind of animals which are authorized to be taken or imported, (B) the location and manner (which manner must be determined by the Secretary to be humane) in which they may be taken, or from which they may be imported, (C) the period during which the permit is valid, and (D) any other terms or conditions which the Secretary deems appropriate. In any case in which an application for a permit cites as a reason for the proposed taking the overpopulation of a particular species or population stock, the Secretary shall first consider whether or not it would be more desirable to transplant a number of animals (but not to exceed the number requested for taking in the application) of that species or stock to a location not then inhabited by such species or stock but previously inhabited by such species or stock. **(c) Importation for scientific research, public display, or enhancing survival or recovery of species or stock** (1) Any permit issued by the Secretary which authorizes the taking or importation of a marine mammal for purposes of scientific research,

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1374

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1361 — Congressional findings and declaration of policy

The Congress finds that— (1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities; (2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions; (3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully; (4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals; (5) marine mammals and marine mammal products either— (A) move in interstate commerce, or (B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce, and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and (6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1361

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1371 — Moratorium on taking and importing marine mammals and marine mammal products

**(a) Imposition; exceptions** There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases: (1) Consistent with the provisions of [section 1374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374&num=0&edition=prelim), permits may be issued by the Secretary for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III. The Commission and Committee shall recommend any proposed taking or importation, other than importation under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), which is consistent with the purposes and policies of [section 1361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim). If the Secretary issues such a permit for importation, the Secretary shall issue to t

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1371

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1379 — Transfer of management authority

**(a) State enforcement of State laws or regulations prohibited without transfer to State of management authority by Secretary** No State may enforce, or attempt to enforce, any State law or regulation relating to the taking of any species (which term for purposes of this section includes any population stock) of marine mammal within the State unless the Secretary has transferred authority for the conservation and management of that species (hereinafter referred to in this section as “management authority”) to the State under subsection (b)(1). **(b) Findings prerequisite to transfer of authority; State program; implementation** (1) Subject to paragraph (2) and subsection (f) of this section, the Secretary shall transfer management authority for a species of marine mammal to a State if the Secretary finds, after notice and opportunity for public comment, that the State has developed and will implement a program for the conservation and management of the species that— (A) is consistent with the purposes, policies, and goals of this chapter and with international treaty obligations; (B) requires that all taking of the species be humane; (C) does not permit the taking of the species unless and until— (i) the State has determined, under a process consistent with the standards set forth in subsection (c)— (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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1379

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1380 — Marine mammal research grants

**(a) Authorization; research concerning yellowfin tuna; annual report** The Secretary is authorized to make grants, or to provide financial assistance in such other form as he deems appropriate, to any Federal or State agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects which are relevant to the protection and conservation of marine mammals. In carrying out this subsection, the Secretary shall undertake a program of, and shall provide financial assistance for, research into new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals. The Secretary shall include a description of the annual results of research carried out under this section in the report required under [section 1373(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1373/f&num=0&edition=prelim). **(b) Terms and conditions** Any grant or other financial assistance provided by the Secretary pursuant to this section shall be subject to such terms and conditions as the Secretary deems necessary to protect the interests of the United States and shall be made after review by the Marine Mammal Commission. **(c) Gulf of Maine ecosystem protection** (1) No later than 1 year after April 30, 1994, the Secretary of Commerce shall convene a regional workshop for the Gulf of Maine to assess human-caused factors affecting the health and stability of that marine ecosystem, of which marine mammals are a part. The workshop shall be conducted in consultation with the Marine Mammal Commission, the adjacent coastal States, individuals with expertise in marine mammal biology and ecology, representatives from environmental organizations, the

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1380

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1539 — Exceptions

**(a) Permits** (1) The Secretary may permit, under such terms and conditions as he shall prescribe— (A) any act otherwise prohibited by [section 1538 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538&num=0&edition=prelim) for scientific purposes or to enhance the propagation or survival of the affected species, including, but not limited to, acts necessary for the establishment and maintenance of experimental populations pursuant to subsection (j); or (B) any taking otherwise prohibited by [section 1538(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538/a/1/B&num=0&edition=prelim) if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. (2) (A) No permit may be issued by the Secretary authorizing any taking referred to in paragraph (1)(B) unless the applicant therefor submits to the Secretary a conservation plan that specifies— (i) the impact which will likely result from such taking; (ii) what steps the applicant will take to minimize and mitigate such impacts, and the funding that will be available to implement such steps; (iii) what alternative actions to such taking the applicant considered and the reasons why such alternatives are not being utilized; and (iv) such other measures that the Secretary may require as being necessary or appropriate for purposes of the plan. (B) If the Secretary finds, after opportunity for public comment, with respect to a permit application and the related conservation plan that— (i) the taking will be incidental; (ii) the applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking; (iii) the applican

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1539

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1373 — Regulations on taking of marine mammals

Page 1778 TITLE 16—CONSERVATION § 1373 § 3004(a)(1), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§ 5(a), 13(c), 24(c)(9), Apr. 30, 1994, 108 Stat. 536, 558, 566.) Editorial Notes REFERENCES IN TEXT The effective date of this subchapter, referred to in subsec. (a)(2), means the effective date of title I of Pub. L. 92–522. See section 4 of Pub. L. 92–522, set out as an Effective Date note under section 1361 of this title. The effective date of this chapter referred to in sub- sec. (e), means the effective date of Pub. L. 92–522. See section 4 of Pub. L. 92–522, set out as an Effective Date note under section 1361 of this title. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–238, § 24(c)(9), which di- rected technical amendment to reference to subchapter V of this chapter in introductory provisions to reflect renumbering of corresponding title of original act, could not be executed to text because of prior amend- ment by section 13(c) of Pub. L. 103–238. See below. Pub. L. 103–238, § 13(c), in introductory provisions in- serted reference to section 1387 of this title and made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act. Subsec. (a)(2)(B). Pub. L. 103–238, § 5(a)(1), substituted ‘‘to take or import’’ for ‘‘for any purpose in any way connected with the taking or importation of’’. Subsec. (a)(4). Pub. L. 103–238, § 5(a)(2), substituted ‘‘export, or offer to purchase, sell, or export’’ for ‘‘or offer to purchase or sell’’ and ‘‘product—’’ for ‘‘product; and’’ and added subpars. (A) and (B). 1992—Subsec. (a). Pub. L. 102–587 inserted ‘‘or sub- chapter V’’ in introductory provisions. 1988—Subsec. (a). Pub. L. 100–711, § 2(b), substituted ‘‘1383, and 1383a’’ for ‘‘and 138

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