16 U.S.C. § 1371 — Moratorium on taking and importing ma-

Page 1769 TITLE 16—CONSERVATION § 1371 [The Secretary of Commerce made the certification referred to in section 8(a)(1) of Pub. L. 105–42, set out above, on July 27, 1998, and the Secretary of State made the certification referred to in section 8(a)(2) of Pub. L. 105–42 on Mar. 3, 1999.] EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–238, § 24(e), Apr. 30, 1994, 108 Stat. 566, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall be effective as if enacted as part of section 3004 of the Marine Mammal Health and Stranding Response Act (106 Stat. 5067) [Pub. L. 102–587].’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–265, title IV, § 404(b), Apr. 13, 1976, 90 Stat. 361, provided that the amendment made by section 404(a) of Pub. L. 94–265 to this section was to take effect Mar. 1, 1977, prior to the general amendment of title IV of Pub. L. 94–265 by Pub. L. 104–297. 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. CONSTRUCTION OF AMENDMENT BY PUB. L. 102–587 Pub. L. 103–238, § 24(a)(1), Apr. 30, 1994, 108 Stat. 565, provided that: ‘‘The amendments set forth in section 3004(b) of the Marine Mammal Health and Stranding Response Act (106 Stat. 5067) [Pub. L. 102–587, amending this section]— ‘‘(A) are deemed to have been made by that section to section 3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)); and ‘‘(B) shall not be considered to have been made by that section to section 3(11) of that Act (16 U.S.C. 1362(11)).’’ TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year 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. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands. SUBCHAPTER II—CONSERVATION AND PROTECTION OF MARINE MAMMALS § 1371. Moratorium on taking and importing ma- rine mammals and marine mammal products (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 per- mit 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, permits may be issued by the Secretary for taking, and importation for pur- poses of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recov- ery 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, may be issued if the taking or im- portation proposed to be made is first re- viewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under sub- chapter III. The Commission and Committee shall recommend any proposed taking or im- portation, other than importation under sec- tion 1374(c)(5) of this title, which is consistent with the purposes and policies of section 1361 of this title. If the Secretary issues such a per- mit for importation, the Secretary shall issue to the importer concerned a certificate to that effect in such form as the Secretary of the Treasury prescribes, and such importation may be made upon presentation of the certifi- cate to the customs officer concerned. (2) Marine mammals may be taken inciden- tally in the course of commercial fishing oper- ations and permits may be issued therefor under section 1374 of this title subject to regu- lations prescribed by the Secretary in accord- ance with section 1373 of this title, or in lieu of such permits, authorizations may be grant- ed therefor under section 1387 of this title, sub- ject to regulations prescribed under that sec- Page 1770 TITLE 16—CONSERVATION § 1371 tion by the Secretary without regard to sec- tion 1373 of this title. Such authorizations may be granted under subchapter IV with re- spect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that sub- chapter by the Secretary without regard to section 1373 of this title. In any event it shall be the immediate goal that the incidental kill or incidental serious injury of marine mam- mals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and seri- ous injury rate. The Secretary of the Treasury shall ban the importation of commercial fish or products from fish which have been caught with commercial fishing technology which re- sults in the incidental kill or incidental seri- ous injury of ocean mammals in excess of United States standards. For purposes of ap- plying the preceding sentence, the Secretary— (A) shall insist on reasonable proof from the government of any nation from which fish or fish products will be exported to the United States of the effects on ocean mam- mals of the commercial fishing technology in use for such fish or fish products exported from such nation to the United States; (B) in the case of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentary evidence that— (i)(I) the tuna or products therefrom were not banned from importation under this paragraph before the effective date of section 4 of the International Dolphin Con- servation Program Act; or (II) the tuna or products therefrom were harvested after the effective date of sec- tion 4 of the International Dolphin Con- servation Program Act by vessels of a na- tion which participates in the Inter- national Dolphin Conservation Program, and such harvesting nation is either a member of the Inter-American Tropical Tuna Commission or has initiated (and within 6 months thereafter completed) all steps required of applicant nations, in ac- cordance with article V, paragraph 3 of the Convention establishing the Inter-Amer- ican Tropical Tuna Commission, to be- come a member of that organization; (ii) such nation is meeting the obliga- tions of the International Dolphin Con- servation Program and the obligations of membership in the Inter-American Trop- ical Tuna Commission, including all finan- cial obligations; and (iii) the total dolphin mortality limits, and per-stock per-year dolphin mortality limits permitted for that nation’s vessels under the International Dolphin Conserva- tion Program do not exceed the limits de- termined for 1997, or for any year there- after, consistent with the objective of pro- gressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and the goal of elimi- nating dolphin mortality, and require- ments of the International Dolphin Con- servation Program; (C) shall not accept such documentary evi- dence if— (i) the government of the harvesting na- tion does not provide directly or authorize the Inter-American Tropical Tuna Com- mission to release complete and accurate information to the Secretary in a timely manner— (I) to allow determination of compli- ance with the International Dolphin Conservation Program; and (II) for the purposes of tracking and verifying compliance with the minimum requirements established by the Sec- retary in regulations promulgated under section 1385(f) of this title; or (ii) after taking into consideration such information, findings of the Inter-Amer- ican Tropical Tuna Commission, and any other relevant information, including in- formation that a nation is consistently failing to take enforcement actions on vio- lations which diminish the effectiveness of the International Dolphin Conservation Program, the Secretary, in consultation with the Secretary of State, finds that the harvesting nation is not in compliance with the International Dolphin Conserva- tion Program. (D) shall require the government of any intermediary nation to certify and provide reasonable proof to the Secretary that it has not imported, within the preceding six months, any yellowfin tuna or yellowfin tuna products that are subject to a direct ban on importation to the United States under subparagraph (B); (E) shall, six months after importation of yellowfin tuna or tuna products has been banned under this section, certify such fact to the President, which certification shall be deemed to be a certification for the purposes of section 1978(a) of title 22 for as long as such ban is in effect; and (F)(i) except as provided in clause (ii), in the case of fish or products containing fish harvested by a nation whose fishing vessels engage in high seas driftnet fishing, shall re- quire that the government of the exporting nation provide documentary evidence that the fish or fish product was not harvested with a large-scale driftnet in the South Pa- cific Ocean after July 1, 1991, or in any other water of the high seas after January 1, 1993, and (ii) in the case of tuna or a product con- taining tuna harvested by a nation whose fishing vessels engage in high seas driftnet fishing, shall require that the government of the exporting nation provide documentary evidence that the tuna or tuna product was not harvested with a large-scale driftnet anywhere on the high seas after July 1, 1991. For purposes of subparagraph (F), the term ‘‘driftnet’’ has the meaning given such term in section 4003 of the Driftnet Impact Moni- toring, Assessment, and Control Act of 1987 (16 Page 1771 TITLE 16—CONSERVATION § 1371 U.S.C. 1822 note), except that, until January 1, 1994, the term ‘‘driftnet’’ does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilo- meters if the use is in accordance with regula- tions adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the Com- munity. (3)(A) The Secretary, on the basis of the best scientific evidence available and in consulta- tion with the Marine Mammal Commission, is authorized and directed, from time to time, having due regard to the distribution, abun- dance, breeding habits, and times and lines of migratory movements of such marine mam- mals, to determine when, to what extent, if at all, and by what means, it is compatible with this chapter to waive the requirements of this section so as to allow taking, or importing of any marine mammal, or any marine mammal product, and to adopt suitable regulations, issue permits, and make determinations in ac- cordance with sections 1372, 1373, 1374, and 1381 of this title permitting and governing such taking and importing, in accordance with such determinations: Provided, however, That the Secretary, in making such determinations must be assured that the taking of such ma- rine mammal is in accord with sound prin- ciples of resource protection and conservation as provided in the purposes and policies of this chapter: Provided, further, however, That no marine mammal or no marine mammal prod- uct may be imported into the United States unless the Secretary certifies that the pro- gram for taking marine mammals in the coun- try of origin is consistent with the provisions and policies of this chapter. Products of na- tions not so certified may not be imported into the United States for any purpose, includ- ing processing for exportation. (B) Except for scientific research purposes, photography for educational or commercial purposes, or enhancing the survival or recov- ery of a species or stock as provided for in paragraph (1) of this subsection, or as provided for under paragraph (5) of this subsection, dur- ing the moratorium no permit may be issued for the taking of any marine mammal which has been designated by the Secretary as de- pleted, and no importation may be made of any such mammal. (4)(A) Except as provided in subparagraphs (B) and (C), the provisions of this chapter shall not apply to the use of measures— (i) by the owner of fishing gear or catch, or an employee or agent of such owner, to deter a marine mammal from damaging the gear or catch; (ii) by the owner of other private property, or an agent, bailee, or employee of such owner, to deter a marine mammal from dam- aging private property; (iii) by any person, to deter a marine mammal from endangering personal safety; or (iv) by a government employee, to deter a marine mammal from damaging public prop- erty, so long as such measures do not result in the death or serious injury of a marine mammal. (B) The Secretary shall, through consulta- tion with appropriate experts, and after notice and opportunity for public comment, publish in the Federal Register a list of guidelines for use in safely deterring marine mammals. In the case of marine mammals listed as endan- gered species or threatened species under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], the Secretary shall recommend spe- cific measures which may be used to non- lethally deter marine mammals. Actions to deter marine mammals consistent with such guidelines or specific measures shall not be a violation of this chapter. (C) If the Secretary determines, using the best scientific information available, that cer- tain forms of deterrence have a significant ad- verse effect on marine mammals, the Sec- retary may prohibit such deterrent methods, after notice and opportunity for public com- ment, through regulation under this chapter. (D) The authority to deter marine mammals pursuant to subparagraph (A) applies to all marine mammals, including all stocks des- ignated as depleted under this chapter. (5)(A)(i) Except as provided by clause (ii), upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a spec- ified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking by citizens while engaging in that activity within that region of small numbers of marine mammals of a species or population stock if the Secretary, after notice (in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the coastal areas that may be affected by such activity) and oppor- tunity for public comment— (I) finds that the total of such taking dur- ing each five-year (or less) period concerned will have a negligible impact on such species or stock and will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or, in the case of a coop- erative agreement under both this chapter and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to section 1382(c) of this title; and (II) prescribes regulations setting forth— (aa) permissible methods of taking pur- suant to such activity, and other means of effecting the least practicable adverse im- pact on such species or stock and its habi- tat, paying particular attention to rook- eries, mating grounds, and areas of similar significance, and on the availability of such species or stock for subsistence uses; and (bb) requirements pertaining to the mon- itoring and reporting of such taking. (ii) In the case of a military readiness activ- ity (as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703 note), clause (i) shall be applied— Page 1772 TITLE 16—CONSERVATION § 1371 1 So in original. Probably should be a reference to cl. (ii)(I). (I) in the matter preceding clause (I), by substituting ‘‘seven consecutive years’’ for ‘‘five consecutive years’’; and (II) in clause (I), by substituting ‘‘seven- year’’ for ‘‘five-year’’. (iii) For a military readiness activity (as de- fined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), a determination of ‘‘least practicable adverse impact on such species or stock’’ under clause (i)(II)(aa) shall include consideration of personnel safety, practicality of implementation, and impact on the effec- tiveness of the military readiness activity. Be- fore making the required determination, the Secretary shall consult with the Department of Defense regarding personnel safety, practi- cality of implementation, and impact on the effectiveness of the military readiness activ- ity. (iv) Notwithstanding clause (i), for any au- thorization affecting a military readiness ac- tivity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in the Federal Register. (B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class basis, as appropriate) the permission to take marine mammals under subparagraph (A) pursuant to a specified activity within a speci- fied geographical region if the Secretary finds, after notice and opportunity for public com- ment (as required under subparagraph (A) un- less subparagraph (C)(i) applies), that— (i) the regulations prescribed under sub- paragraph (A) regarding methods of taking, monitoring, or reporting are not being sub- stantially complied with by a person engag- ing in such activity; or (ii) the taking allowed under subparagraph (A) pursuant to one or more activities with- in one or more regions is having, or may have, more than a negligible impact on the species or stock concerned. (C)(i) The requirement for notice and oppor- tunity for public comment in subparagraph (B) shall not apply in the case of a suspension of permission to take if the Secretary determines that an emergency exists which poses a sig- nificant risk to the well-being of the species or stock concerned. (ii) Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this paragraph. (D)(i) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) with- in a specific geographic region, the Secretary shall authorize, for periods of not more than 1 year, subject to such conditions as the Sec- retary may specify, the incidental, but not in- tentional, taking by harassment of small num- bers of marine mammals of a species or popu- lation stock by such citizens while engaging in that activity within that region if the Sec- retary finds that such harassment during each period concerned— (I) will have a negligible impact on such species or stock, and (II) will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursu- ant to subsection (b), or section 1379(f) of this title or pursuant to a cooperative agree- ment under section 1388 of this title. (ii) The authorization for such activity shall prescribe, where applicable— (I) permissible methods of taking by har- assment pursuant to such activity, and other means of effecting the least prac- ticable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for sub- sistence uses pursuant to subsection (b) or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title, (II) the measures that the Secretary deter- mines are necessary to ensure no unmitigable adverse impact on the avail- ability of the species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title, and (III) requirements pertaining to the moni- toring and reporting of such taking by har- assment, including requirements for the independent peer review of proposed moni- toring plans or other research proposals where the proposed activity may affect the availability of a species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or pursuant to a cooperative agreement under section 1388 of this title. (iii) The Secretary shall publish a proposed authorization not later than 45 days after re- ceiving an application under this subpara- graph and request public comment through notice in the Federal Register, newspapers of general circulation, and appropriate electronic media and to all locally affected communities for a period of 30 days after publication. Not later than 45 days after the close of the public comment period, if the Secretary makes the findings set forth in clause (i), the Secretary shall issue an authorization with appropriate conditions to meet the requirements of clause (ii). (iv) The Secretary shall modify, suspend, or revoke an authorization if the Secretary finds that the provisions of clauses (i) or (ii) are not being met. (v) A person conducting an activity for which an authorization has been granted under this subparagraph shall not be subject to the penalties of this chapter for taking by harassment that occurs in compliance with such authorization. (vi) For a military readiness activity (as de- fined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), a determination of ‘‘least practicable adverse impact on such species or stock’’ under clause (i)(I) 1 shall include con- sideration of personnel safety, practicality of implementation, and impact on the effective- Page 1773 TITLE 16—CONSERVATION § 1371 ness of the military readiness activity. Before making the required determination, the Sec- retary shall consult with the Department of Defense regarding personnel safety, practi- cality of implementation, and impact on the effectiveness of the military readiness activ- ity. (vii) Notwithstanding clause (iii), for any au- thorization affecting a military readiness ac- tivity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in the Federal Register. (E)(i) During any period of up to 3 consecu- tive years, the Secretary shall allow the inci- dental, but not the intentional, taking by per- sons using vessels of the United States or ves- sels which have valid fishing permits issued by the Secretary in accordance with section 1824(b) of this title, while engaging in commer- cial fishing operations, of marine mammals from a species or stock designated as depleted because of its listing as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary, after notice and opportunity for public comment, determines that— (I) the incidental mortality and serious in- jury from commercial fisheries will have a negligible impact on such species or stock; (II) a recovery plan has been developed or is being developed for such species or stock pursuant to the Endangered Species Act of 1973; and (III) where required under section 1387 of this title, a monitoring program is estab- lished under subsection (d) of such section, vessels engaged in such fisheries are reg- istered in accordance with such section, and a take reduction plan has been developed or is being developed for such species or stock. (ii) Upon a determination by the Secretary that the requirements of clause (i) have been met, the Secretary shall publish in the Fed- eral Register a list of those fisheries for which such determination was made, and, for vessels required to register under section 1387 of this title, shall issue an appropriate permit for each authorization granted under such section to vessels to which this paragraph applies. Vessels engaged in a fishery included in the notice published by the Secretary under this clause which are not required to register under section 1387 of this title shall not be subject to the penalties of this chapter for the incidental taking of marine mammals to which this para- graph applies, so long as the owner or master of such vessel reports any incidental mortality or injury of such marine mammals to the Sec- retary in accordance with section 1387 of this title. (iii) If, during the course of the commercial fishing season, the Secretary determines that the level of incidental mortality or serious in- jury from commercial fisheries for which a de- termination was made under clause (i) has re- sulted or is likely to result in an impact that is more than negligible on the endangered or threatened species or stock, the Secretary shall use the emergency authority granted under section 1387 of this title to protect such species or stock, and may modify any permit granted under this paragraph as necessary. (iv) The Secretary may suspend for a time certain or revoke a permit granted under this subparagraph only if the Secretary determines that the conditions or limitations set forth in such permit are not being complied with. The Secretary may amend or modify, after notice and opportunity for public comment, the list of fisheries published under clause (ii) when- ever the Secretary determines there has been a significant change in the information or con- ditions used to determine such list. (v) Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this subparagraph. (vi) This subparagraph shall not govern the incidental taking of California sea otters and shall not be deemed to amend or repeal the Act of November 7, 1986 (Public Law 99–625; 100 Stat. 3500). (F) Notwithstanding the provisions of this subsection, any authorization affecting a mili- tary readiness activity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note) shall not be subject to the following require- ments: (i) In subparagraph (A), ‘‘within a specified geographical region’’ and ‘‘within that re- gion of small numbers’’. (ii) In subparagraph (B), ‘‘within a speci- fied geographical region’’ and ‘‘within one or more regions’’. (iii) In subparagraph (D), ‘‘within a spe- cific geographic region’’, ‘‘of small num- bers’’, and ‘‘within that region’’. (6)(A) A marine mammal product may be im- ported into the United States if the product— (i) was legally possessed and exported by any citizen of the United States in conjunc- tion with travel outside the United States, provided that the product is imported into the United States by the same person upon the termination of travel; (ii) was acquired outside of the United States as part of a cultural exchange by an Indian, Aleut, or Eskimo residing in Alaska; or (iii) is owned by a Native inhabitant of Russia, Canada, or Greenland and is im- ported for noncommercial purposes in con- junction with travel within the United States or as part of a cultural exchange with an Indian, Aleut, or Eskimo residing in Alas- ka. (B) For the purposes of this paragraph, the term— (i) ‘‘Native inhabitant of Russia, Canada, or Greenland’’ means a person residing in Russia, Canada, or Greenland who is related by blood, is a member of the same clan or ethnological grouping, or shares a common heritage with an Indian, Aleut, or Eskimo residing in Alaska; and (ii) ‘‘cultural exchange’’ means the sharing or exchange of ideas, information, gifts, clothing, or handicrafts between an Indian, Aleut, or Eskimo residing in Alaska and a Native inhabitant of Russia, Canada, or Greenland, including rendering of raw ma- Page 1774 TITLE 16—CONSERVATION § 1371 rine mammal parts as part of such exchange into clothing or handicrafts through carv- ing, painting, sewing, or decorating. (b) Exemptions for Alaskan natives Except as provided in section 1379 of this title, the provisions of this chapter shall not apply with respect to the taking of any marine mam- mal by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking— (1) is for subsistence purposes; or (2) is done for purposes of creating and sell- ing authentic native articles of handicrafts and clothing: Provided, That only authentic native articles of handicrafts and clothing may be sold in interstate commerce: And pro- vided further, That any edible portion of ma- rine mammals may be sold in native villages and towns in Alaska or for native consump- tion. For the purposes of this subsection, the term ‘‘authentic native articles of handicrafts and clothing’’ means items composed wholly or in some significant respect of natural mate- rials, and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other mass copying de- vices. Traditional native handicrafts include, but are not limited to weaving, carving, stitching, sewing, lacing, beading, drawing and painting; and (3) in each case, is not accomplished in a wasteful manner. Notwithstanding the preceding provisions of this subsection, when, under this chapter, the Secretary determines any species or stock of marine mammal subject to taking by Indians, Aleuts, or Eskimos to be depleted, he may pre- scribe regulations upon the taking of such ma- rine mammals by any Indian, Aleut, or Eskimo described in this subsection. Such regulations may be established with reference to species or stocks, geographical description of the area in- cluded, the season for taking, or any other fac- tors related to the reason for establishing such regulations and consistent with the purposes of this chapter. Such regulations shall be pre- scribed after notice and hearing required by sec- tion 1373 of this title and shall be removed as soon as the Secretary determines that the need for their imposition has disappeared. In promul- gating any regulation or making any assess- ment pursuant to a hearing or proceeding under this subsection or section 1386(b)(2) of this title, or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection (a)(5) that affects stocks or persons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regula- tion, assessment, determination, or finding is supported by substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations rep- resenting persons to which this subsection ap- plies. (c) Taking in defense of self or others It shall not be a violation of this chapter to take a marine mammal if such taking is immi- nently necessary in self-defense or to save the life of a person in immediate danger, and such taking is reported to the Secretary within 48 hours. The Secretary may seize and dispose of any carcass. (d) Good Samaritan exemption It shall not be a violation of this chapter to take a marine mammal if— (1) such taking is imminently necessary to avoid serious injury, additional injury, or death to a marine mammal entangled in fish- ing gear or debris; (2) reasonable care is taken to ensure the safe release of the marine mammal, taking into consideration the equipment, expertise, and conditions at hand; (3) reasonable care is exercised to prevent any further injury to the marine mammal; and (4) such taking is reported to the Secretary within 48 hours. (e) Chapter not to apply to incidental takings by United States citizens employed on foreign vessels outside United States EEZ The provisions of this chapter shall not apply to a citizen of the United States who inciden- tally takes any marine mammal during fishing operations outside the United States exclusive economic zone (as defined in section 1802 of this title) when employed on a foreign fishing vessel of a harvesting nation which is in compliance with the International Dolphin Conservation Program. (f) Exemption of actions necessary for national defense (1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may ex- empt any action or category of actions under- taken by the Department of Defense or its com- ponents from compliance with any requirement of this chapter, if the Secretary determines that it is necessary for national defense. (2) An exemption granted under this sub- section— (A) subject to subparagraph (B), shall be ef- fective for a period specified by the Secretary of Defense; and (B) shall not be effective for more than 2 years. (3)(A) The Secretary of Defense may issue ad- ditional exemptions under this subsection for the same action or category of actions, after— (i) conferring with the Secretary of Com- merce, the Secretary of the Interior, or both as appropriate; and (ii) making a new determination that the ad- ditional exemption is necessary for national defense. (B) Each additional exemption under this paragraph shall be effective for a period speci- fied by the Secretary of Defense, of not more than 2 years. (4) Not later than 30 days after issuing an ex- emption under paragraph (1) or an additional ex- emption under paragraph (3), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Page 1775 TITLE 16—CONSERVATION § 1371 Senate notice describing the exemption and the reasons therefor. The notice may be provided in classified form if the Secretary of Defense deter- mines that use of the classified form is nec- essary for reasons of national security. (Pub. L. 92–522, title I, § 101, Oct. 21, 1972, 86 Stat. 1029; Pub. L. 93–205, § 13(e)(2), Dec. 28, 1973, 87 Stat. 903; Pub. L. 97–58, § 2, Oct. 9, 1981, 95 Stat. 979; Pub. L. 98–364, title I, § 101, July 17, 1984, 98 Stat. 440; Pub. L. 99–659, title IV, § 411(a), Nov. 14, 1986, 100 Stat. 3741; Pub. L. 100–711, §§ 4(a), 5(c), (e)(1), Nov. 23, 1988, 102 Stat. 4765, 4769, 4771; Pub. L. 101–627, title IX, § 901(g), Nov. 28, 1990, 104 Stat. 4467; Pub. L. 102–582, title I, § 103, title IV, § 401(b), Nov. 2, 1992, 106 Stat. 4903, 4909; Pub. L. 103–238, § 4, Apr. 30, 1994, 108 Stat. 532; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 105–18, title II, § 2003, June 12, 1997, 111 Stat. 174; Pub. L. 105–42, § 4(a)–(c), Aug. 15, 1997, 111 Stat. 1123, 1124; Pub. L. 108–136, div. A, title III, § 319(b), (c), Nov. 24, 2003, 117 Stat. 1434; Pub. L. 115–232, div. A, title III, § 316, Aug. 13, 2018, 132 Stat. 1714.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a), 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. For effective date of section 4 of the International Dolphin Conservation Program Act [Pub. L. 105–42], re- ferred to in subsec. (a)(2)(B)(i), see section 8 of Pub. L. 105–42 set out as an Effective Date of 1997 Amendment note under section 1362 of this title. The Endangered Species Act of 1973, referred to in subsec. (a)(4)(B), (5)(E)(i), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Whaling Convention Act of 1949, referred to in subsec. (a)(5)(A)(i)(I), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, which is classified generally to subchapter II (§ 916 et seq.) of chapter 14 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 916 of this title and Tables. Act of November 7, 1986, referred to in subsec. (a)(5)(E)(vi), is Pub. L. 99–625, Nov. 7, 1986, 100 Stat. 3500, which amended section 718b of this title and provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title and enacted provisions set out as a note under section 1536 of this title. For complete classification of this Act to the Code, see Ta- bles. AMENDMENTS 2018—Subsec. (a)(5)(A)(i). Pub. L. 115–232, § 316(1), sub- stituted ‘‘Except as provided by clause (ii), upon re- quest’’ for ‘‘Upon request’’ in introductory provisions. Subsec. (a)(5)(A)(ii) to (iv). Pub. L. 115–232, § 316(2), (3), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively. 2003—Subsec. (a)(5)(A). Pub. L. 108–136, § 319(c)(1), des- ignated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respec- tively, redesignated former subcls. (I) and (II) of former cl. (ii) as items (aa) and (bb) of subcl. (II), respectively, and added cls. (ii) and (iii). Subsec. (a)(5)(D)(vi), (vii). Pub. L. 108–136, § 319(c)(2), added cls. (vi) and (vii). Subsec. (a)(5)(F). Pub. L. 108–136, § 319(c)(3), added sub- par. (F). Subsec. (f). Pub. L. 108–136, § 319(b), added subsec. (f). 1997—Subsec. (a)(2). Pub. L. 105–42, § 4(a), (b)(4), in in- troductory provisions, inserted after first sentence ‘‘Such authorizations may be granted under subchapter IV with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that subchapter by the Secretary without regard to section 1373 of this title.’’ and struck out ‘‘; provided that this goal shall be satis- fied in the case of the incidental taking of marine mammals in the course of purse seine fishing for yel- lowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable’’ after ‘‘serious injury rate’’ and, in closing provisions, substituted ‘‘For purposes of subparagraph (F)’’ for ‘‘For purposes of subparagraph (E)’’. Subsec. (a)(2)(B). Pub. L. 105–42, § 4(b)(1), added sub- par. (B) and struck out former subpar. (B) which con- tained requirement that nations exporting yellowfin tuna harvested with purse seines in eastern tropical Pacific Ocean provide documentary evidence of adop- tion of regulatory program governing incidental taking of other mammals and comparison of the average rates of incidental taking between harvesting nation and United States. Subsec. (a)(2)(C) to (F). Pub. L. 105–42, § 4(b)(2), (3), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively. Subsec. (d). Pub. L. 105–18 added subsec. (d). Subsec. (e). Pub. L. 105–42, § 4(c), added subsec. (e). 1996—Subsec. (a)(5)(E)(i). Pub. L. 104–208 made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1824(b) of this title. 1994—Subsec. (a)(1). Pub. L. 103–238, § 4(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Consistent with the provisions of section 1374 of this title, permits may be issued by the Secretary for taking and importation for purposes of scientific re- search, public display, or enhancing the survival or re- covery of a species or stock if— ‘‘(A) the taking proposed in the application for any such permit, or ‘‘(B) the 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 of this chap- ter. The Commission and Committee shall recommend any proposed taking or importation which is consistent with the purposes and policies of section 1361 of this title. The Secretary shall, if he grants approval for im- portation, issue to the importer concerned a certificate to that effect which shall be in such form as the Sec- retary of the Treasury prescribes and such importation may be made upon presentation of the certificate to the customs officer concerned.’’ Subsec. (a)(2). Pub. L. 103–238, § 4(a)(2), inserted before period at end of first sentence ‘‘, or in lieu of such per- mits, authorizations may be granted therefor under section 1387 of this title, subject to regulations pre- scribed under that section by the Secretary without re- gard to section 1373 of this title’’. Subsec. (a)(3)(B). Pub. L. 103–238, § 4(a)(3), inserted ‘‘, photography for educational or commercial pur- poses,’’ after ‘‘purposes’’ and ‘‘or as provided for under paragraph (5) of this subsection,’’ after ‘‘subsection,’’. Subsec. (a)(4). Pub. L. 103–238, § 4(a)(4), amended par. (4) generally. Prior to amendment, par. (4) read as fol- lows: ‘‘(4)(A) During any period of five consecutive years, the Secretary shall allow the incidental, but not the in- tentional, taking, by citizens of the United States while engaging in commercial fishing operations, of small numbers of marine mammals of a species or pop- ulation stock that is not depleted if the Secretary, after notice and opportunity for public comment— ‘‘(i) finds that the total of such taking during such five-year period will have a negligible impact on such species or stock; and ‘‘(ii) provides guidelines pertaining to the establish- ment of a cooperative system among the fishermen involved for the monitoring of such taking. Page 1776 TITLE 16—CONSERVATION § 1371 ‘‘(B) The Secretary shall withdraw, or suspend for a time certain, the permission to take marine mammals under subparagraph (A) if the Secretary finds, after no- tice and opportunity for public comment, that— ‘‘(i) the taking allowed under subparagraph (A) is having more than a negligible impact on the species or stock concerned; or ‘‘(ii) the policies, purposes and goals of this chapter would be better served through the application of this title without regard to this subsection. Sections 1373 and 1374 of this title shall not apply to the taking of marine mammals under the authority of this paragraph.’’ Subsec. (a)(5)(D), (E). Pub. L. 103–238, § 4(a)(5), added subpars. (D) and (E). Subsec. (a)(6). Pub. L. 103–238, § 4(a)(6), added par. (6). Subsec. (b). Pub. L. 103–238, § 4(b), inserted at end ‘‘In promulgating any regulation or making any assess- ment pursuant to a hearing or proceeding under this subsection or section 1386(b)(2) of this title, or in mak- ing any determination of depletion under this sub- section or finding regarding unmitigable adverse im- pacts under subsection (a)(5) that affects stocks or per- sons to which this subsection applies, the Secretary shall be responsible for demonstrating that such regu- lation, assessment, determination, or finding is sup- ported by substantial evidence on the basis of the record as a whole. The preceding sentence shall only be applicable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.’’ Subsec. (c). Pub. L. 103–238, § 4(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘In order to minimize undue economic hardship to persons subject to this chapter, other than those en- gaged in commercial fishing operations referred to in subsection (a)(2) of this section, the Secretary, upon any such person filing an application with him and upon filing such information as the Secretary may re- quire showing, to his satisfaction, such hardship, may exempt such person or class of persons from provisions of this chapter for no more than one year from October 21, 1972, as he determines to be appropriate.’’ 1992—Subsec. (a)(2). Pub. L. 102–582, § 103(2), inserted before period at end ‘‘, except that, until January 1, 1994, the term ‘driftnet’ does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Coun- cil of Fisheries Ministers of the Community’’. Subsec. (a)(2)(C). Pub. L. 102–582, § 401(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘shall require the government of any intermediary nation from which yellowfin tuna or tuna products will be exported to the United States to cer- tify and provide reasonable proof that it has acted to prohibit the importation of such tuna and tuna prod- ucts from any nation from which direct export to the United States of such tuna and tuna products is banned under this section within sixty days following the effec- tive date of such ban on importation to the United States;’’. Subsec. (a)(2)(E)(i). Pub. L. 102–582, § 103(1), sub- stituted ‘‘January 1, 1993’’ for ‘‘July 1, 1992’’. 1990—Subsec. (a)(2). Pub. L. 101–627 added subpar. (E) and concluding provisions. 1988—Subsec. (a)(1). Pub. L. 100–711, § 5(c), which di- rected that par. (1) be amended generally to read as fol- lows: ‘‘(1) Consistent with the provisions of section 1374 of this title, permits may be issued by the Secretary for taking and importation for purposes of scientific re- search, public display, or enhancing the survival or re- covery of a species or stock if—’’, was executed as the probable intent of Congress by substituting such provi- sions for provisions of par. (1) before subpar. (A) which read as follows: ‘‘Permits may be issued by the Sec- retary for taking and importation for purposes of sci- entific research and for public display if—’’. Subsec. (a)(2). Pub. L. 100–711, § 4(a), inserted provi- sions at end of subpar. (B) relating to finding by Sec- retary that regulatory program, or average rate of inci- dental taking by vessels, of harvesting nation is com- parable to that of United States, and added subpars. (C) and (D). Subsec. (a)(3)(B). Pub. L. 100–711, § 5(e)(1), inserted ‘‘or enhancing the survival or recovery of a species or stock’’ after ‘‘scientific research purposes’’. 1986—Subsec. (a)(5)(A). Pub. L. 99–659, § 411(a)(1), in provisions preceding cl. (i) struck out ‘‘that is not de- pleted’’ after ‘‘population stock’’. Subsec. (a)(5)(A)(i). Pub. L. 99–659, § 411(a)(2), sub- stituted ‘‘will not have an unmitigable adverse impact’’ for ‘‘its habitat, and’’, and inserted ‘‘or, in the case of a cooperative agreement under both this chapter and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to section 1382(c) of this title’’. Subsec. (a)(5)(A)(ii)(I). Pub. L. 99–659, § 411(a)(3), in- serted ‘‘, and on the availability of such species or stock for subsistence uses’’. 1984—Subsec. (a)(2). Pub. L. 98–364 amended last sen- tence generally, restating existing provisions in cl. (A) and adding cl. (B). 1981—Subsec. (a)(2). Pub. L. 97–58, § 2(1)(A), provided that the immediate goal of reducing to insignificant levels approaching a zero mortality and serious injury rate the incidental kill or serious injury of marine mammals permitted in the course of commercial fish- ing operations be satisfied in the case of purse seine fishing for yellowfin tuna by a continuation of the ap- plication of the best marine mammal safety techniques and equipment that are economically and techno- logically practicable. Subsec. (a)(3)(B). Pub. L. 97–58, § 2(1)(B), struck out ‘‘is classified as belonging to an endangered species or threatened species pursuant to the Endangered Species Act of 1973 or’’ after ‘‘the taking of any marine mam- mal which’’. Subsec. (a)(4), (5). Pub. L. 97–58, § 2(1)(C), added pars. (4) and (5). Subsec. (b). Pub. L. 97–58, § 2(2), substituted ‘‘Except as provided in section 1379 of this title, the provisions of this chapter shall not apply with respect to the tak- ing of any marine mammal by any Indian, Aleut, or Es- kimo who resides in Alaska and’’ for ‘‘The provisions of this chapter shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Es- kimo’’ in provisions preceding par. (1) and, in par. (1), substituted ‘‘is for subsistence purposes; or’’ for ‘‘is for subsistence purposes by Alaskan natives who reside in Alaska, or’’. 1973—Subsec. (a)(3)(B). Pub. L. 93–205 substituted ‘‘or threatened species pursuant to the Endangered Species Act of 1973’’ for ‘‘pursuant to the Endangered Species Conservation Act of 1969’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. 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. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year 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,