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U.S. Code as of:
01/19/04
Section 1373. Regulations on taking of marine mammals
(a) Necessity and appropriateness
The Secretary, on the basis of the best scientific 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 species of marine mammal (including
regulations on the taking and importing of individuals within
population stocks) as he deems necessary and appropriate to insure
that such taking will not be to the disadvantage of those species
and population 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 mammal species and
population stocks;
(2) existing international treaty and agreement obligations of
the United States;
(3) the marine ecosystem and related environmental
considerations;
(4) the conservation, development, and utilization of fishery
resources; and
(5) the economic and technological feasibility 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 pursuant 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
prescribed 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 animals may be taken or
imported; and
(5) fishing techniques which have been found to cause undue
fatalities to any species of marine mammal in a fishery.
(d) Procedure
Regulations prescribed to carry out this section with respect to
any species or stock of marine mammals must be made on the record
after opportunity for an agency hearing on both the Secretary's
determination to waive the moratorium pursuant to section
1371(a)(3)(A) of this title and on such regulations, except that,
in addition to any other requirements, imposed by law with respect
to agency rulemaking, the Secretary shall publish and make
available to the public either before or concurrent with the
Publication of notice in the Federal Register of his intention to
prescribe regulations under this section -
(1) a statement of the estimated existing levels of the species
and population stocks of the marine mammal concerned;
(2) a statement of the expected impact of the proposed
regulations on the optimum sustainable population of such species
or population stock;
(3) a statement describing the evidence before the Secretary
upon which he proposes to base such regulations; and
(4) any studies made by or for the Secretary or any
recommendations made by or for the Secretary or the Marine Mammal
Commission which relate to the establishment of such regulations.
(e) Periodic review
Any regulation prescribed pursuant to this section shall be
periodically reviewed, and may be modified from time to time in
such manner as the Secretary deems consistent with and necessary to
carry out the purposes of this chapter.
(f) Report to Congress
Within six months after the effective date of this chapter and
every twelve months thereafter, the Secretary shall report to the
public through publication in the Federal Register and to the
Congress on the current status of all marine mammal species and
population stocks subject to the provisions of this chapter. His
report shall describe those actions taken and those measures
believed necessary, including where appropriate, the issuance of
permits pursuant to this subchapter to assure the well-being of
such marine mammals.
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