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10 U.S.C. § 8754 — Marine mammals: use for national defense purposes

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

10 U.S.C. § 8754 — Marine mammals: use for national defense purposes

**(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.).

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Source location: Title 10, Chapter 873, § 8754; chapter-873-procurement-of-supplies-and-services.md

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**(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.).

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

16 U.S.C. § 1533 — Determination of endangered species and threatened species

**(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

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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).

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

16 U.S.C. § 1401 — Establishment

**(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

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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

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

10 U.S.C. § 9284 — Medal of honor: duplicate medal

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.

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

10 U.S.C. § 8754 — Marine mammals: use for national defense

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

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

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

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

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

16 U.S.C. § 1401 — Establishment

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

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

16 U.S.C. § 1533 — Determination of endangered species and

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

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