16 U.S.C. § 1372 — Prohibitions

Page 1777 TITLE 16—CONSERVATION § 1372 period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. § 1372. Prohibitions (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 agree- ment to which the United States is a party and which was entered into before the effec- tive date of this subchapter or by any statute implementing any such treaty, convention, or agreement— (A) for any person or vessel or other con- veyance to take any marine mammal in wa- ters 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 ma- rine mammal taken in violation of this sub- chapter, to possess that mammal or any prod- uct from that mammal; (4) for any person to transport, purchase, sell, export, or offer to purchase, sell, or ex- port any marine mammal or marine mammal product— (A) that is taken in violation of this chap- ter; or (B) for any purpose other than public dis- play, scientific research, or enhancing the survival of a species or stock as provided for under subsection 1374(c) of this title; and (5) for any person to use, in a commercial fishery, any means or methods of fishing in contravention of any regulations or limita- tions, issued by the Secretary for that fishery to achieve the purposes of this chapter. (b) Importation of pregnant or nursing mam- mals; depleted species or stock; inhumane taking Except pursuant to a permit for scientific re- search, or for enhancing the survival or recovery of a species or stock, issued under section 1374(c) of this title, it is unlawful to import into the United States any marine mammal if such mam- mal was— (1) pregnant at the time of taking; (2) nursing at the time of taking, or less than eight months old, whichever occurs later; (3) taken from a species or population stock which the Secretary has, by regulation pub- lished in the Federal Register, designated as a depleted species or stock; or (4) taken in a manner deemed inhumane by the Secretary. Notwithstanding the provisions of paragraphs (1) and (2), the Secretary may issue a permit for the importation of a marine mammal, if the Sec- retary determines that such importation is nec- essary for the protection or welfare of the ani- mal. (c) Importation of illegally taken mammals It is unlawful to import into the United States any of the following: (1) Any marine mammal which was— (A) taken in violation of this subchapter; or (B) taken in another country in violation of the law of that country. (2) Any marine mammal product if— (A) the importation into the United States of the marine mammal from which such product is made is unlawful under paragraph (1) of this subsection; or (B) the sale in commerce of such product in the country of origin of the product is il- legal; (3) Any fish, whether fresh, frozen, or other- wise prepared, if such fish was caught in a manner which the Secretary has proscribed for persons subject to the jurisdiction of the United States, whether or not any marine mammals were in fact taken incident to the catching of the fish. (d) Nonapplicability of prohibitions Subsections (b) and (c) of this section shall not apply— (1) in the case of marine mammals or marine mammal products, as the case may be, to which subsection (b)(3) of this section applies, to such items imported into the United States before the date on which the Secretary pub- lishes notice in the Federal Register of his proposed rulemaking with respect to the des- ignation of the species or stock concerned as depleted; or (2) in the case of marine mammals or marine mammal products to which subsection (c)(1)(B) or (c)(2)(B) of this section applies, to articles imported into the United States be- fore the effective date of the foreign law mak- ing the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful. (e) Retroactive effect This chapter shall not apply with respect to any marine mammal taken before the effective date of this chapter, or to any marine mammal product consisting of, or composed in whole or in part of, any marine mammal taken before such date. (f) Commercial taking of whales It is unlawful for any person or vessel or other conveyance to take any species of whale inci- dent to commercial whaling in waters subject to the jurisdiction of the United States. (Pub. L. 92–522, title I, § 102, Oct. 21, 1972, 86 Stat. 1032; Pub. L. 93–205, § 13(e)(3), Dec. 28, 1973, 87 Stat. 903; Pub. L. 95–136, § 4, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 97–58, § 3(a), Oct. 9, 1981, 95 Stat. 981; Pub. L. 100–711, §§ 2(b), 5(b), (e)(2), Nov. 23, 1988, 102 Stat. 4763, 4769, 4771; Pub. L. 102–587, title III, 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 1383’’. Subsec. (b). Pub. L. 100–711, § 5(e)(2), substituted ‘‘re- search, or for enhancing the survival or recovery of a species or stock,’’ for ‘‘research’’. Pub. L. 100–711, § 5(b), inserted sentence at end au- thorizing Secretary to issue permit for importation of marine mammal. 1981—Subsec. (a). Pub. L. 97–58, § 3(a)(1), inserted ref- erence to section 1379 of this title in the enumeration of sections preceding par. (1), redesignated par. (4) as (5), and revised as pars. (3) and (4) the provisions of former par. (3) amending those provisions so as to make it illegal for any person to possess a marine mammal, or any product from that mammal, and for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product. Subsec. (b)(3). Pub. L. 97–58, § 3(a)(2), struck out ‘‘or which has been listed as an endangered species or threatened species pursuant to the Endangered Species Act of 1973’’ after ‘‘designated as a depleted species or stock’’. Subsec. (d)(1). Pub. L. 97–58, § 3(b)(3), struck out ‘‘or endangered’’ after ‘‘concerned as depleted’’. 1977—Subsec. (f). Pub. L. 95–136 added subsec. (f). 1973—Subsec. (b)(3). Pub. L. 93–205 substituted ‘‘an en- dangered species or threatened species pursuant to the Endangered Species Act of 1973’’ for ‘‘endangered under the Endangered Species Conservation Act of 1969’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an Effective Date note under section 1531 of this title. 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 section 1361 of this title. § 1373. Regulations on taking of marine mammals (a) Necessity and appropriateness The Secretary, on the basis of the best sci- entific 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 spe- cies of marine mammal (including regulations on the taking and importing of individuals with- in population stocks) as he deems necessary and appropriate to insure that such taking will not be to the disadvantage of those species and pop- ulation stocks and will be consistent with the purposes and policies set forth in section 1361 of this title. (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 mam- mal species and population stocks; (2) existing international treaty and agree- ment obligations of the United States; (3) the marine ecosystem and related envi- ronmental considerations; (4) the conservation, development, and utili- zation of fishery resources; and (5) the economic and technological feasi- bility 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 pursu- ant to permits issued under section 1374 of this title; (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 pre- scribed 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 ani- mals may be taken or imported; and (5) fishing techniques which have been found to cause undue fatalities to any species of ma- rine mammal in a fishery. (d) Procedure Regulations prescribed to carry out this sec- tion with respect to any species or stock of ma- rine mammals must be made on the record after opportunity for an agency hearing on both the Secretary’s determination to waive the morato- rium pursuant to section 1371(a)(3)(A) of this title and on such regulations, except that, in ad- dition to any other requirements, imposed by law with respect to agency rulemaking, the Sec- retary shall publish and make available to the public either before or concurrent with the pub- lication of notice in the Federal Register of his intention to prescribe regulations under this section— (1) a statement of the estimated existing lev- els of the species and population stocks of the marine mammal concerned;