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16 U.S.C. § 1383 — Application to other treaties and conventions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally; findings; waiver of penalties** The provisions of this subchapter shall be deemed to be in addition to and not in contravention of the provisions of any existing international treaty, convention, or agreement, or any statute implementing the same, which may otherwise apply to the taking of marine mammals. Upon a finding by the Secretary that the provisions of any international treaty, convention, or agreement, or any statute implementing the same has been made applicable to persons subject to the provisions of this subchapter in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the lowest practicable level the taking of marine mammals incidental to commercial fishing operations, [section 1375 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1375&num=0&edition=prelim) may not apply to such persons.
**(b) Review of effectiveness of Agreement on the Conservation of Polar Bears** Not later than 1 year after April 30, 1994, the Secretary of the Interior shall, in consultation with the contracting parties, initiate a review of the effectiveness of the Agreement on the Conservation of Polar Bears, as provided for in Article IX of the Agreement, and establish a process by which future reviews shall be conducted.
**(c) Review of implementation of Agreement on the Conservation of Polar Bears; report** The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall review the effectiveness of United States implementation of the Agreement on the Conservation of Polar Bears, particularly with respect to the habitat protection mandates contained in Article II. The Secretary shall report the results of this review to the C
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Source location: Title 16, Chapter 31, § 1383; chapter-031-marine-mammal-protection.md
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**(a) Generally; findings; waiver of penalties** The provisions of this subchapter shall be deemed to be in addition to and not in contravention of the provisions of any existing international treaty, convention, or agreement, or any statute implementing the same, which may otherwise apply to the taking of marine mammals. Upon a finding by the Secretary that the provisions of any international treaty, convention, or agreement, or any statute implementing the same has been made applicable to persons subject to the provisions of this subchapter in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the lowest practicable level the taking of marine mammals incidental to commercial fishing operations, [section 1375 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1375&num=0&edition=prelim) may not apply to such persons.
**(b) Review of effectiveness of Agreement on the Conservation of Polar Bears** Not later than 1 year after April 30, 1994, the Secretary of the Interior shall, in consultation with the contracting parties, initiate a review of the effectiveness of the Agreement on the Conservation of Polar Bears, as provided for in Article IX of the Agreement, and establish a process by which future reviews shall be conducted.
**(c) Review of implementation of Agreement on the Conservation of Polar Bears; report** The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall review the effectiveness of United States implementation of the Agreement on the Conservation of Polar Bears, particularly with respect to the habitat protection mandates contained in Article II. The Secretary shall report the results of this review to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than April 1, 1995.
**(d) Consultation regarding conservation of polar bears in Russia and Alaska; report** Not later than 6 months after April 30, 1994, the Secretary of the Interior, acting through the Secretary of State and in consultation with the Marine Mammal Commission and the State of Alaska, shall consult with the appropriate officials of the Russian Federation on the development and implementation of enhanced cooperative research and management programs for the conservation of polar bears in Alaska and Russia. The Secretary shall report the results of this consultation and provide periodic progress reports on the research and management programs to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate.
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Federal law — U.S. Code and appendices · legal_authorities
All Acts and parts of Acts making it unlawful to kill sea lions, as game animals or otherwise, in the waters of the Territory of Alaska are repealed.
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Federal law — U.S. Code and appendices · legal_authorities
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
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Federal law — U.S. Code and appendices · legal_authorities
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Any person who violates any provision of this subchapter or of any permit or regulation issued thereunder, except as provided in [section 1387 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&edition=prelim), may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Each unlawful taking or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action.
(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry.
**(b)** Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued thereunder (except as provided in [section 1387 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&e
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Federal law — U.S. Code and appendices · legal_authorities
Page 1794
TITLE 16—CONSERVATION
§ 1383
(e) Measures to alleviate impacts on strategic
stocks
If the Secretary determines, based on a stock
assessment under section 1386 of this title or
other significant new information obtained
under this chapter, that impacts on rookeries,
mating grounds, or other areas of similar eco-
logical significance to marine mammals may be
causing the decline or impeding the recovery of
a strategic stock, the Secretary may develop
and implement conservation or management
measures to alleviate those impacts. Such meas-
ures shall be developed and implemented after
consultation with the Marine Mammal Commis-
sion and the appropriate Federal agencies and
after notice and opportunity for public com-
ment.
(Pub. L. 92–522, title I, § 112, Oct. 21, 1972, 86 Stat.
1042; Pub. L. 96–470, title II, § 201(e), Oct. 19, 1980,
94 Stat. 2241; Pub. L. 102–587, title III, § 3004(a)(3),
Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§ 7(a),
24(c)(11), Apr. 30, 1994, 108 Stat. 542, 566.)
Editorial Notes
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–238, § 24(c)(11), made
technical amendment to reference to subchapter V of
this chapter to reflect renumbering of corresponding
title of original act.
Subsec. (e). Pub. L. 103–238, § 7(a), added subsec. (e).
1992—Subsec. (c). Pub. L. 102–587 inserted ‘‘or sub-
chapter V’’ after ‘‘of this subchapter’’.
1980—Subsec. (d). Pub. L. 96–470 substituted ‘‘include
in the annual report to the public and the Congress re-
quired under section 1373(f) of this title’’ for ‘‘forthwith
submit to Congress’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the expiration of the sixty-day
period following Oct. 21, 1972, see section 4 of Pub. L.
92–522, set out as a note under sec
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