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16 U.S.C. § 1361 — Congressional findings and declaration of policy
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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Source file: Laws/federal/codes/united-states-code/title-16/section-1361-congressional-findings-and-declaration-of-policy--aea6f5a08c.md
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Source location: Title 16, Chapter 31, § 1361; chapter-031-marine-mammal-protection.md
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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 it is the sense of the Congress that they should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind the carrying capacity of the habitat.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Utilization of personnel** Except as otherwise provided in this subchapter, the Secretary shall enforce the provisions of this subchapter. The Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal agency for purposes of enforcing this subchapter.
**(b) State officers and employees** The Secretary may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this subchapter. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Director of the Office of Personnel Management.
**(c) Warrants and other process for enforcement** The judges of the district courts of the United States and the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in United States district courts, as may be required for enforcement of this subchapter and any regulations issued thereunder.
**(d) Execution of process; arrest; search; seizure** Any person authorized by the Secretary to enforce this subchapter may execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this subchapter. Such a person so authorized may, in addition to any other authority conferred by law—
(1) with or without warrant or other process, arrest any person committing in his presence or view a violation of this subchapter or the regulations issued thereunder;
(2) with a warran
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1377
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Gear evaluation and notification of entry**
(1) Not later than 18 months after October 11, 1996, the Secretary shall publish in the Federal Register, after notice and an opportunity for public comment, a list of all fisheries—
(A) under the authority of each Council and all fishing gear used in such fisheries, based on information submitted by the Councils under [section 1853(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1853/a&num=0&edition=prelim); and
(B) to which [section 1852(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852/a/3&num=0&edition=prelim) applies and all fishing gear used in such fisheries.
(2) The Secretary shall include with such list guidelines for determining when fishing gear or a fishery is sufficiently different from those listed as to require notification under paragraph (3).
(3) Effective 180 days after the publication of such list, no person or vessel may employ fishing gear or engage in a fishery not included on such list without giving 90 days advance written notice to the appropriate Council, or the Secretary with respect to a fishery to which [section 1852(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852/a/3&num=0&edition=prelim) applies. A signed return receipt shall serve as adequate evidence of such notice and as the date upon which the 90-day period begins.
(4) A Council may submit to the Secretary any proposed changes to such list or such guidelines the Council deems appropriate. The Secretary shall publish a revised list, after notice and an opportunity for public comment, upon receiving any such proposed changes from a Council.
(5) A Council may request the Secretar
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1855
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Department of Commerce**
(1) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out its functions and responsibilities under this subchapter (other than sections 1386 and 1387 of this title) and subchapter V, $12,138,000 for fiscal year 1994, $12,623,000 for fiscal year 1995, $13,128,000 for fiscal year 1996, $13,653,000 for fiscal year 1997, $14,200,000 for fiscal year 1998, and $14,768,000 for fiscal year 1999.
(2) There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out sections 1386 and 1387 of this title, $20,000,000 for each of the fiscal years 1994 through 1999.
**(b) Department of the Interior** There are authorized to be appropriated to the Department of the Interior, for purposes of carrying out its functions and responsibilities under this subchapter, $8,000,000 for fiscal year 1994, $8,600,000 for fiscal year 1995, $9,000,000 for fiscal year 1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal year 1998, and $10,296,000 for fiscal year 1999.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1384
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “depletion” or “depleted” means any case in which—
(A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population;
(B) a State, to which authority for the conservation and management of a species or population stock is transferred under [section 1379 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1379&num=0&edition=prelim), determines that such species or stock is below its optimum sustainable population; or
(C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.].
(2) The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.
(3) The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1362
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pinniped removal authority** Notwithstanding any other provision of this subchapter, the Secretary may permit the intentional lethal taking of pinnipeds in accordance with this section.
**(b) Application**
(1) A State may apply to the Secretary to authorize the intentional lethal taking of individually identifiable pinnipeds which are having a significant negative impact on the decline or recovery of salmonid fishery stocks which—
(A) have been listed as threatened species or endangered species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.);
(B) the Secretary finds are approaching threatened species or endangered species status (as those terms are defined in that Act); or
(C) migrate through the Ballard Locks at Seattle, Washington.
(2) Any such application shall include a means of identifying the individual pinniped or pinnipeds, and shall include a detailed description of the problem interaction and expected benefits of the taking.
**(c) Actions in response to application**
(1) Within 15 days of receiving an application, the Secretary shall determine whether the application has produced sufficient evidence to warrant establishing a Pinniped-Fishery Interaction Task Force to address the situation described in the application. If the Secretary determines sufficient evidence has been provided, the Secretary shall establish a Pinniped-Fishery Interaction Task Force and publish a notice in the Federal Register requesting public comment on the application.
(2) A Pinniped-Fishery Interaction Task Force established under paragraph (1) shall consist of designated employees of the Department of Commerce, scientists who are knowledgeabl
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1389
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification to President**
(1) When the Secretary of Commerce, in consultation with the Secretary of State, determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President.
(2) When the Secretary of Commerce or the Secretary of the Interior, in consultation with the Secretary of State, finds that nationals of a foreign country, directly or indirectly, are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species, the Secretary making such finding shall certify such fact to the President.
(3) In administering this subsection, the Secretary of Commerce or the Secretary of the Interior, as appropriate, in consultation with the Secretary of State, shall—
(A) periodically monitor the activities of foreign nationals that may affect the international programs referred to in paragraphs (1) and (2);
(B) promptly investigate any activity by foreign nationals that, in the opinion of the Secretary, may be cause for certification under paragraph (1) or (2); and
(C) promptly conclude; and reach a decision with respect to; any investigation commenced under subparagraph (B).
(4) The Secretary of Commerce and the Secretary of the Interior shall each report to Congress each certification to the President made by such Secretary under this subsection, within 15 days after making such certification.
(5) Upon receipt of any certification made under paragraph (1) or (2), the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the U
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1978
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Establishment.—** The Secretary of the Navy shall establish areas, to be known as “Southern Sea Otter Military Readiness Areas”, for national defense purposes. Such areas shall include each of the following:
(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′.
(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
**(b) Activities Within the Southern Sea Otter Military Readiness Areas.—**
(1) **Incidental takings under endangered species act of 1973.—** — Sections 4 and 9 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), 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
(2) **Incidental takings under marine mammal protection act of 1972.—** — Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371&num=0&edition=prelim), 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conduc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8635
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Taking** Except as provided in sections 1371, 1373, 1374, 1379, 1381, 1383, 1383a, and 1387 of this title and subchapter V, it is unlawful—
(1) for any person subject to the jurisdiction of the United States or any vessel or other conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas;
(2) except as expressly provided for by an international treaty, convention, or agreement to which the United States is a party and which was entered into before the effective date of this subchapter or by any statute implementing any such treaty, convention, or agreement—
(A) for any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States; or
(B) for any person to use any port, harbor, or other place under the jurisdiction of the United States to take or import marine mammals or marine mammal products; and
(3) for any person, with respect to any marine mammal taken in violation of this subchapter, to possess that mammal or any product from that mammal;
(4) for any person to transport, purchase, sell, export, or offer to purchase, sell, or export any marine mammal or marine mammal product—
(A) that is taken in violation of this chapter; or
(B) for any purpose other than public display, scientific research, or enhancing the survival of a species or stock as provided for under sub[section 1374(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c&num=0&edition=prelim); and
(5) for any person to use, in a commercial fishery, any means or methods of fishing in contravention of any regulations or limitations, issued by the Secretary for that fishery to achieve the purposes of this chapter.
**(b) Importati
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1372
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