Browse Arkansas Code titles and sections
10 U.S.C. § 8754 — Marine mammals: use for national defense purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (c), the Secretary of Defense may authorize the taking of not more than 25 marine mammals each year for national defense purposes. Any such authorization may be made only with the concurrence of the Secretary of Commerce and after consultation with the Marine Mammal Commission established by section 201 of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1401&num=0&edition=prelim)).
**(b) Humane Treatment Required.—** A mammal taken under this section shall be captured, supervised, cared for, transported, and deployed in a humane manner consistent with conditions established by the Secretary of Commerce.
**(c) Protection for Endangered Species.—** A mammal may not be taken under this section if the mammal is determined to be a member of an endangered or threatened species under section 4 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim)).
**(d) Application of Other Act.—** This section applies without regard to the provisions of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8754
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: e4d9b969f812eeb1e5374ba9b6024f9001ce2a5e9899f38b9e837e0cd7af8604. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_c6cff1dc6deb5072af19ac29
Source file: Laws/federal/codes/united-states-code/title-10/section-8754-marine-mammals-use-for-national-defense-purposes--5b630bd357.md
Pages: Not recorded – Not recorded
Passage SHA-256: ba8d2cb734ce2ffd1324302f59832952c5fa3ebb2bda36ae061a314c5a4d706f
Source location: Title 10, Chapter 873, § 8754; chapter-873-procurement-of-supplies-and-services.md
Stored source content
**(a) Authority.—** Subject to subsection (c), the Secretary of Defense may authorize the taking of not more than 25 marine mammals each year for national defense purposes. Any such authorization may be made only with the concurrence of the Secretary of Commerce and after consultation with the Marine Mammal Commission established by section 201 of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1401&num=0&edition=prelim)).
**(b) Humane Treatment Required.—** A mammal taken under this section shall be captured, supervised, cared for, transported, and deployed in a humane manner consistent with conditions established by the Secretary of Commerce.
**(c) Protection for Endangered Species.—** A mammal may not be taken under this section if the mammal is determined to be a member of an endangered or threatened species under section 4 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim)).
**(d) Application of Other Act.—** This section applies without regard to the provisions of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally**
(1) The Secretary shall by regulation promulgated in accordance with subsection (b) determine whether any species is an endangered species or a threatened species because of any of the following factors:
(A) the present or threatened destruction, modification, or curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms; or
(E) other natural or manmade factors affecting its continued existence.
(2) With respect to any species over which program responsibilities have been vested in the Secretary of Commerce pursuant to Reorganization Plan Numbered 4 of 1970—
(A) in any case in which the Secretary of Commerce determines that such species should—
(i) be listed as an endangered species or a threatened species, or
(ii) be changed in status from a threatened species to an endangered species,
he shall so inform the Secretary of the Interior; who shall list such species in accordance with this section;
(B) in any case in which the Secretary of Commerce determines that such species should—
(i) be removed from any list published pursuant to subsection (c) of this section, or
(ii) be changed in status from an endangered species to a threatened species,
he shall recommend such action to the Secretary of the Interior, and the Secretary of the Interior, if he concurs in the recommendation, shall implement such action; and
(C) the Secretary of the Interior may not list or remove from any list any such species, and may not change the status of any such species which are listed, without a prior favorable determination made pursuant to this section by the Secretary of Commer
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1533
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation** There is hereby established the Marine Mammal Commission (hereafter referred to in this subchapter as the “Commission”).
**(b) Membership and term of office**
(1) Effective September 1, 1982, the Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall make his selection from a list of individuals knowledgeable in the fields of marine ecology and resource management, and who are not in a position to profit from the taking of marine mammals. Such list shall be submitted to him by the Chairman of the Council on Environmental Quality and unanimously agreed to by that Chairman, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation and the Chairman of the National Academy of Sciences. No member of the Commission may, during his period of service on the Commission, hold any other position as an officer or employee of the United States except as a retired officer or retired civilian employee of the United States.
(2) The term of office for each member shall be three years; except that of the members initially appointed to the Commission, the term of one member shall be for one year, the term of one member shall be for two years, and the term of one member shall be for three years. No member is eligible for reappointment; except that any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed (A) shall be appointed for the remainder of such term, and (B) is eligible for reappointment for one full term. A member may serve after the expiration of his term until his successor has taken office.
**(c) Chairman** The President shall designate a Chairman of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1401
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1361
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary of the Air Force may determine, as a duplicate or for display purposes only.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9284
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 3378
TITLE 10—ARMED FORCES
§ 8753
EFFECTIVE DATE OF 1994 AMENDMENT
Pub. L. 103–355, title X, § 10001, Oct. 13, 1994, 108 Stat.
3404, provided that:
‘‘(a) EFFECTIVE DATE.—Except as otherwise provided
in this Act, this Act [see Tables for classification] and
the amendments made by this Act shall take effect on
the date of the enactment of this Act [Oct. 13, 1994].
‘‘(b) APPLICABILITY OF AMENDMENTS.—(1) An amend-
ment made by this Act shall apply, in the manner pre-
scribed in the final regulations promulgated pursuant
to section 10002 [108 Stat. 3404, formerly set out as a
Regulations note under section 251 of former Title 41,
Public Contracts] to implement such amendment, with
respect to any solicitation that is issued, any unsolic-
ited proposal that is received, and any contract entered
into pursuant to such a solicitation or proposal, on or
after the date described in paragraph (3).
‘‘(2) An amendment made by this Act shall also
apply, to the extent and in the manner prescribed in
the final regulations promulgated pursuant to section
10002 to implement such amendment, with respect to
any matter related to—
‘‘(A) a contract that is in effect on the date de-
scribed in paragraph (3);
‘‘(B) an offer under consideration on the date de-
scribed in paragraph (3); or
‘‘(C) any other proceeding or action that is ongoing
on the date described in paragraph (3).
‘‘(3) The date referred to in paragraphs (1) and (2) is
the date specified in such final regulations [Oct. 1, 1995,
see 60 F.R. 48231, Sept. 18, 1995]. The date so specified
shall be October 1, 1995, or any earlier date that is not
within 30 days after the date on which such final regu-
lations are published.
‘‘(c) IMMEDIATE APPLICABILITY
OF CERTAIN AMEND-
MENTS.—Notwithstanding subsection
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8754
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1763
TITLE 16—CONSERVATION
§ 1361
(Pub. L. 92–195, § 11, formerly § 10, Dec. 15, 1971, 85
Stat. 651, renumbered Pub. L. 94–579, title IV,
§ 404, Oct. 21, 1976, 90 Stat. 2775.)
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of this section relating to the Secretaries of the Inte-
rior and Agriculture submitting a joint report to Con-
gress every twenty-four months on the administration
of this chapter, see section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 147 of House Docu-
ment No. 103–7.
CHAPTER 31—MARINE MAMMAL
PROTECTION
SUBCHAPTER I—GENERALLY
Sec.
1361.
Congressional findings and declaration of pol-
icy.
1362.
Definitions.
SUBCHAPTER II—CONSERVATION AND
PROTECTION OF MARINE MAMMALS
1371.
Moratorium on taking and importing marine
mammals and marine mammal products.
1372.
Prohibitions.
1373.
Regulations on taking of marine mammals.
1374.
Permits.
1375.
Penalties.
1375a.
Use of fines for protection and recovery of
manatees, polar bears, sea otters, and wal-
ruses.
1376.
Seizure and forfeiture of cargo.
1377.
Enforcement.
1378.
International program.
1379.
Transfer of management authority.
1380.
Marine mammal research grants.
1381.
Commercial fisheries gear development.
1382.
Regulations and administration.
1383.
Application to other treaties and conven-
tions.
1383a.
Interim exemption for commercial fisheries.
1383b.
Status review; conservation plans.
1384.
Authorization of appropriations.
1385.
Dolphin protection.
1386.
Stock assessments.
1387.
Taking of marine mammals incidental to
commercial fishing operations.
1388.
Marine mammal cooperative a
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1361
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1361. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1822
TITLE 16—CONSERVATION
§ 1401
The National Fish and Wildlife Foundation Establish-
ment Act, referred to in subsec. (a)(3), is Pub. L. 98–244,
Mar. 26, 1984, 98 Stat. 107, which is classified generally
to chapter 57 (§ 3701 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 3701 of this title.
CODIFICATION
Section was enacted as part of the Consolidated Ap-
propriations Act, 2023, and not as part of the Marine
Mammal Protection Act of 1972 which comprises this
chapter.
Statutory Notes and Related Subsidiaries
REPORT TO CONGRESS
Pub. L. 117–328, div. JJ, title II, § 202, Dec. 29, 2022, 136
Stat. 6092, provided that: ‘‘Not later than 2 years after
the date of enactment of this Act [Dec. 29, 2022], and
every 5 years thereafter, the Under Secretary [of Com-
merce for Oceans and Atmosphere] shall submit to the
Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Natural Resources
of the House of Representatives a report on the results
and effectiveness of projects receiving assistance pro-
vided under this title [enacting this section and provi-
sions set out as notes under this section].’’
ACCEPTANCE AND USE OF DONATIONS
Pub. L. 117–328, div. JJ, title II, § 203(b), Dec. 29, 2022,
136 Stat. 6092, provided that: ‘‘The Under Secretary [of
Commerce for Oceans and Atmosphere] may accept, re-
ceive, solicit, hold, administer, and use any gift, devise,
or bequest, consistent with policy of the Department of
Commerce in effect on the date of enactment of this
Act [Dec. 29, 2022], to provide assistance under section
201 [16 U.S.C. 1393].’’
SUBCHAPTER III—MARINE MAMMAL
COMMISSION
§ 1401. Establishment
(a) Designation
There is hereby established t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1913
TITLE 16—CONSERVATION
§ 1533
(18) The term ‘‘State agency’’ means any
State agency, department, board, commission,
or other governmental entity which is respon-
sible for the management and conservation of
fish, plant, or wildlife resources within a
State.
(19) The term ‘‘take’’ means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such
conduct.
(20) The term ‘‘threatened species’’ means
any species which is likely to become an en-
dangered species within the foreseeable future
throughout all or a significant portion of its
range.
(21) The term ‘‘United States’’, when used in
a geographical context, includes all States.
(Pub. L. 93–205, § 3, Dec. 28, 1973, 87 Stat. 885; Pub.
L. 94–359, § 5, July 12, 1976, 90 Stat. 913; Pub. L.
95–632, § 2, Nov. 10, 1978, 92 Stat. 3751; Pub. L.
96–159, § 2, Dec. 28, 1979, 93 Stat. 1225; Pub. L.
97–304, § 4(b), Oct. 13, 1982, 96 Stat. 1420; Pub. L.
100–478, title I, § 1001, Oct. 7, 1988, 102 Stat. 2306.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81
Stat. 884, known as the Endangered Species Act of 1973,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 1531 of this title and
Tables.
Reorganization Plan Numbered 4 of 1970, referred to
in par. (15), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090, which is set out in the Ap-
pendix to Title 5, Government Organization and Em-
ployees.
AMENDMENTS
1988—Par. (13). Pub. L. 100–478, § 1001(a), amended par.
(13) generally. Prior to amendment, par. (13) read as
follows: ‘
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1533
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1533. This identifies an authority to review, not proof of applicability.