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U.S. Code as of:
01/19/04
Section 1374. Permits
(a) Issuance
The Secretary may issue permits which authorize the taking or
importation of any marine mammal. Permits for the incidental taking
of marine mammals in the course of commercial fishing operations
may only be issued as specifically provided for in sections (!1)
1371(a)(5) or 1416 of this title, or subsection (h) of this
section.
(b) Requisite provisions
Any permit issued under this section shall -
(1) be consistent with any applicable regulation established by
the Secretary under section 1373 of this title, and
(2) specify -
(A) the number and kind of animals which are authorized to be
taken or imported,
(B) the location and manner (which manner must be determined
by the Secretary to be humane) in which they may be taken, or
from which they may be imported,
(C) the period during which the permit is valid, and
(D) any other terms or conditions which the Secretary deems
appropriate.
In any case in which an application for a permit cites as a reason
for the proposed taking the overpopulation of a particular species
or population stock, the Secretary shall first consider whether or
not it would be more desirable to transplant a number of animals
(but not to exceed the number requested for taking in the
application) of that species or stock to a location not then
inhabited by such species or stock but previously inhabited by such
species or stock.
(c) Importation for scientific research, public display, or
enhancing survival or recovery of species or stock
(1) Any permit issued by the Secretary which authorizes the
taking or importation of a marine mammal for purposes of scientific
research, public display, or enhancing the survival or recovery of
a species or stock shall specify, in addition to the conditions
required by subsection (b) of this section, the methods of capture,
supervision, care, and transportation which must be observed
pursuant to such taking or importation. Any person authorized to
take or import a marine mammal for purposes of scientific research,
public display, or enhancing the survival or recovery of a species
or stock shall furnish to the Secretary a report on all activities
carried out by him pursuant to that authority.
(2)(A) A permit may be issued to take or import a marine mammal
for the purpose of public display only to a person which the
Secretary determines -
(i) offers a program for education or conservation purposes
that is based on professionally recognized standards of the
public display community;
(ii) is registered or holds a license issued under 7 U.S.C.
2131 et seq.; and
(iii) maintains facilities for the public display of marine
mammals that are open to the public on a regularly scheduled
basis and that access to such facilities is not limited or
restricted other than by charging of an admission fee.
(B) A permit under this paragraph shall grant to the person to
which it is issued the right, without obtaining any additional
permit or authorization under this chapter, to -
(i) take, import, purchase, offer to purchase, possess, or
transport the marine mammal that is the subject of the permit;
and
(ii) sell, export, or otherwise transfer possession of the
marine mammal, or offer to sell, export, or otherwise transfer
possession of the marine mammal -
(I) for the purpose of public display, to a person that meets
the requirements of clauses (i), (ii), and (iii) of
subparagraph (A);
(II) for the purpose of scientific research, to a person that
meets the requirements of paragraph (3); or
(III) for the purpose of enhancing the survival or recovery
of a species or stock, to a person that meets the requirements
of paragraph (4).
(C) A person to which a marine mammal is sold or exported or to
which possession of a marine mammal is otherwise transferred under
the authority of subparagraph (B) shall have the rights and
responsibilities described in subparagraph (B) with respect to the
marine mammal without obtaining any additional permit or
authorization under this chapter. Such responsibilities shall be
limited to -
(i) for the purpose of public display, the responsibility to
meet the requirements of clauses (i), (ii), and (iii) of
subparagraph (A),
(ii) for the purpose of scientific research, the responsibility
to meet the requirements of paragraph (3), and
(iii) for the purpose of enhancing the survival or recovery of
a species or stock, the responsibility to meet the requirements
of paragraph (4).
(D) If the Secretary -
(i) finds in concurrence with the Secretary of Agriculture,
that a person that holds a permit under this paragraph for a
marine mammal, or a person exercising rights under subparagraph
(C), no longer meets the requirements of subparagraph (A)(ii) and
is not reasonably likely to meet those requirements in the near
future, or
(ii) finds that a person that holds a permit under this
paragraph for a marine mammal, or a person exercising rights
under subparagraph (C), no longer meets the requirements of
subparagraph (A)(i) or (iii) and is not reasonably likely to meet
those requirements in the near future,
the Secretary may revoke the permit in accordance with subsection
(e) of this section, seize the marine mammal, or cooperate with
other persons authorized to hold marine mammals under this chapter
for disposition of the marine mammal. The Secretary may recover
from the person expenses incurred by the Secretary for that
seizure.
(E) No marine mammal held pursuant to a permit issued under
subparagraph (A), or by a person exercising rights under
subparagraph (C), may be sold, purchased, exported, or transported
unless the Secretary is notified of such action no later than 15
days before such action, and such action is for purposes of public
display, scientific research, or enhancing the survival or recovery
of a species or stock. The Secretary may only require the
notification to include the information required for the inventory
established under paragraph (10).
(3)(A) The Secretary may issue a permit under this paragraph for
scientific research purposes to an applicant which submits with its
permit application information indicating that the taking is
required to further a bona fide scientific purpose. The Secretary
may issue a permit under this paragraph before the end of the
public review and comment period required under subsection (d)(2)
of this section if delaying issuance of the permit could result in
injury to a species, stock, or individual, or in loss of unique
research opportunities.
(B) No permit issued for purposes of scientific research shall
authorize the lethal taking of a marine mammal unless the applicant
demonstrates that a nonlethal method of conducting the research is
not feasible. The Secretary shall not issue a permit for research
which involves the lethal taking of a marine mammal from a species
or stock that is depleted, unless the Secretary determines that the
results of such research will directly benefit that species or
stock, or that such research fulfills a critically important
research need.
(C) Not later than 120 days after April 30, 1994, the Secretary
shall issue a general authorization and implementing regulations
allowing bona fide scientific research that may result only in
taking by Level B harassment of a marine mammal. Such authorization
shall apply to persons which submit, by 60 days before commencement
of such research, a letter of intent via certified mail to the
Secretary containing the following:
(i) The species or stocks of marine mammals which may be
harassed.
(ii) The geographic location of the research.
(iii) The period of time over which the research will be
conducted.
(iv) The purpose of the research, including a description of
how the definition of bona fide research as established under
this chapter would apply.
(v) Methods to be used to conduct the research.
Not later than 30 days after receipt of a letter of intent to
conduct scientific research under the general authorization, the
Secretary shall issue a letter to the applicant confirming that the
general authorization applies, or, if the proposed research is
likely to result in the taking (including Level A harassment) of a
marine mammal, shall notify the applicant that subparagraph (A)
applies.
(4)(A) A permit may be issued for enhancing the survival or
recovery of a species or stock only with respect to a species or
stock for which the Secretary, after consultation with the Marine
Mammal Commission and after notice and opportunity for public
comment, has first determined that -
(i) taking or importation is likely to contribute significantly
to maintaining or increasing distribution or numbers necessary to
ensure the survival or recovery of the species or stock; and
(ii) taking or importation is consistent (I) with any
conservation plan adopted by the Secretary under section 1383b(b)
of this title or any recovery plan developed under section
1533(f) of this title for the species or stock, or (II) if there
is no conservation or recovery plan in place, with the
Secretary's evaluation of the actions required to enhance the
survival or recovery of the species or stock in light of the
factors that would be addressed in a conservation plan or a
recovery plan.
(B) A permit issued in accordance with this paragraph may allow
the captive maintenance of a marine mammal from a depleted species
or stock only if the Secretary -
(i) determines that captive maintenance is likely to contribute
to the survival or recovery of the species or stock by
maintaining a viable gene pool, increasing productivity,
providing biological information, or establishing animal
reserves;
(ii) determines that the expected benefit to the affected
species or stock outweighs the expected benefit of alternatives
which do not require removal of animals from the wild; and
(iii) requires that the marine mammal or its progeny be
returned to the natural habitat of the species or stock as soon
as feasible, consistent with the objectives of any applicable
conservation plan or recovery plan, or of any evaluation by the
Secretary under subparagraph (A).
The Secretary may allow the public display of such a marine mammal
only if the Secretary determines that such display is incidental to
the authorized maintenance and will not interfere with the
attainment of the survival or recovery objectives.
(5)(A) The Secretary may issue a permit for the importation of
polar bear parts (other than internal organs) taken in sport hunts
in Canada to an applicant which submits with its permit application
proof that the polar bear was legally harvested in Canada by the
applicant. Such a permit shall be issued if the Secretary, in
consultation with the Marine Mammal Commission and after notice and
opportunity for public comment, finds that -
(i) Canada has a monitored and enforced sport hunting program
consistent with the purposes of the Agreement on the Conservation
of Polar Bears;
(ii) Canada has a sport hunting program based on scientifically
sound quotas ensuring the maintenance of the affected population
stock at a sustainable level;
(iii) the export and subsequent import are consistent with the
provisions of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora and other international
agreements and conventions; and
(iv) the export and subsequent import are not likely to
contribute to illegal trade in bear parts.
(B) The Secretary shall establish and charge a reasonable fee for
permits issued under this paragraph. All fees collected under this
paragraph shall be available to the Secretary until expended for
use in developing and implementing cooperative research and
management programs for the conservation of polar bears in Alaska
and Russia pursuant to section 1383(d) of this title.
(C)(i) The Secretary shall undertake a scientific review of the
impact of permits issued under this paragraph on the polar bear
population stocks in Canada within 2 years after April 30, 1994.
The Secretary shall provide an opportunity for public comment
during the course of such review, and shall include a response to
such public comment in the final report on such review.
(ii) The Secretary shall not issue permits under this paragraph
after September 30, 1996, if the Secretary determines, based on the
scientific review, that the issuance of permits under this
paragraph is having a significant adverse impact on the polar bear
population stocks in Canada. The Secretary may review such
determination annually thereafter, in light of the best scientific
information available, and shall complete the review not later than
January 31 in any year a review is undertaken. The Secretary may
issue permits under this paragraph whenever the Secretary
determines, on the basis of such annual review, that the issuance
of permits under this paragraph is not having a significant adverse
impact on the polar bear population stocks in Canada.
(D) The Secretary of the Interior shall, expeditiously after the
expiration of the applicable 30 day period under subsection (d)(2)
of this section, issue a permit for the importation of polar bear
parts (other than internal organs) from polar bears taken in sport
hunts in Canada before February 18, 1997, to each applicant who
submits, with the permit application, proof that the polar bear was
legally harvested in Canada by the applicant. The Secretary shall
issue such permits without regard to the provisions of
subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3)
of this section, and sections 1371 and 1372 of this title. This
subparagraph shall not apply to polar bear parts that were imported
before June 12, 1997.
(6) A permit may be issued for photography for educational or
commercial purposes involving marine mammals in the wild only to an
applicant which submits with its permit application information
indicating that the taking will be limited to Level B harassment,
and the manner in which the products of such activities will be
made available to the public.
(7) Upon request by a person for a permit under paragraph (2),
(3), or (4) for a marine mammal which is in the possession of any
person authorized to possess it under this chapter and which is
determined under guidance under section 1421a(a) of this title not
to be releasable to the wild, the Secretary shall issue the permit
to the person requesting the permit if that person -
(A) meets the requirements of clauses (i), (ii), and (iii) of
paragraph (2)(A), in the case of a request for a permit under
paragraph (2);
(B) meets the requirements of paragraph (3), in the case of a
request for a permit under that paragraph; or
(C) meets the requirements of paragraph (4), in the case of a
request for a permit under that paragraph.
(8)(A) No additional permit or authorization shall be required to
possess, sell, purchase, transport, export, or offer to sell or
purchase the progeny of marine mammals taken or imported under this
subsection, if such possession, sale, purchase, transport, export,
or offer to sell or purchase is -
(i) for the purpose of public display, and by or to,
respectively, a person which meets the requirements of clauses
(i), (ii), and (iii) of paragraph (2)(A);
(ii) for the purpose of scientific research, and by or to,
respectively, a person which meets the requirements of paragraph
(3); or
(iii) for the purpose of enhancing the survival or recovery of
a species or stock, and by or to, respectively, a person which
meets the requirements of paragraph (4).
(B)(i) A person which has a permit under paragraph (2), or a
person exercising rights under paragraph (2)(C), which has
possession of a marine mammal that gives birth to progeny shall -
(I) notify the Secretary of the birth of such progeny within 30
days after the date of birth; and
(II) notify the Secretary of the sale, purchase, or transport
of such progeny no later than 15 days before such action.
(ii) The Secretary may only require notification under clause (i)
to include the information required for the inventory established
under paragraph (10).
(C) Any progeny of a marine mammal born in captivity before April
30, 1994, and held in captivity for the purpose of public display
shall be treated as though born after April 30, 1994.
(9) No marine mammal may be exported for the purpose of public
display, scientific research, or enhancing the survival or recovery
of a species or stock unless the receiving facility meets standards
that are comparable to the requirements that a person must meet to
receive a permit under this subsection for that purpose.
(10) The Secretary shall establish and maintain an inventory of
all marine mammals possessed pursuant to permits issued under
paragraph (2)(A), by persons exercising rights under paragraph
(2)(C), and all progeny of such marine mammals. The inventory shall
contain, for each marine mammal, only the following information
which shall be provided by a person holding a marine mammal under
this chapter:
(A) The name of the marine mammal or other identification.
(B) The sex of the marine mammal.
(C) The estimated or actual birth date of the marine mammal.
(D) The date of acquisition or disposition of the marine mammal
by the permit holder.
(E) The source from whom the marine mammal was acquired
including the location of the take from the wild, if applicable.
(F) If the marine mammal is transferred, the name of the
recipient.
(G) A notation if the animal was acquired as the result of a
stranding.
(H) The date of death of the marine mammal and the cause of
death when determined.
(d) Application procedures; notice; hearing; review
(1) The Secretary shall prescribe such procedures as are
necessary to carry out this section, including the form and manner
in which application for permits may be made.
(2) The Secretary shall publish notice in the Federal Register of
each application made for a permit under this section. Such notice
shall invite the submission from interested parties, within thirty
days after the date of the notice, of written data or views, with
respect to the taking or importation proposed in such application.
(3) The applicant for any permit under this section must
demonstrate to the Secretary that the taking or importation of any
marine mammal under such permit will be consistent with the
purposes of this chapter and the applicable regulations established
under section 1373 of this title.
(4) If within thirty days after the date of publication of notice
pursuant to paragraph (2) of this subsection with respect to any
application for a permit any interested party or parties request a
hearing in connection therewith, the Secretary may, within sixty
days following such date of publication, afford to such party or
parties an opportunity for such a hearing.
(5) As soon as practicable (but not later than thirty days) after
the close of the hearing or, if no hearing is held, after the last
day on which data, or views, may be submitted pursuant to paragraph
(2) of this subsection, the Secretary shall (A) issue a permit
containing such terms and conditions as he deems appropriate, or
(B) shall deny issuance of a permit. Notice of the decision of the
Secretary to issue or to deny any permit under this paragraph must
be published in the Federal Register within ten days after the date
of issuance or denial.
(6) Any applicant for a permit, or any party opposed to such
permit, may obtain judicial review of the terms and conditions of
any permit issued by the Secretary under this section or of his
refusal to issue such a permit. Such review, which shall be
pursuant to chapter 7 of title 5, may be initiated by filing a
petition for review in the United States district court for the
district wherein the applicant for a permit resides, or has his
principal place of business, or in the United States District Court
for the District of Columbia, within sixty days after the date on
which such permit is issued or denied.
(e) Modification, suspension, and revocation
(1) The Secretary may modify, suspend, or revoke in whole or in
part any permit issued by him under this section -
(A) in order to make any such permit consistent with any change
made after the date of issuance of such permit with respect to
any applicable regulation prescribed under section 1373 of this
title,
(B) in any case in which a violation of the terms and
conditions of the permit is found, or
(C) if, in the case of a permit under subsection (c)(5) of this
section authorizing importation of polar bear parts, the
Secretary, in consultation with the appropriate authority in
Canada, determines that the sustainability of Canada's polar bear
population stocks are being adversely affected or that sport
hunting may be having a detrimental effect on maintaining polar
bear population stocks throughout their range.
(2) Whenever the Secretary shall propose any modification,
suspension, or revocation of a permit under this subsection, the
permittee shall be afforded opportunity, after due notice, for a
hearing by the Secretary with respect to such proposed
modification, suspension, or revocation. Such proposed action by
the Secretary shall not take effect until a decision is issued by
him after such hearing. Any action taken by the Secretary after
such a hearing is subject to judicial review on the same basis as
is any action taken by him with respect to a permit application
under paragraph (5) of subsection (d) of this section.
(3) Notice of the modification, suspension, or revocation of any
permit by the Secretary shall be published in the Federal Register
within ten days from the date of the Secretary's decision.
(f) Possession of permit by issuee or his agent
Any permit issued under this section must be in the possession of
the person to whom it is issued (or an agent of such person) during
-
(1) the time of the authorized or taking importation;
(2) the period of any transit of such person or agent which is
incident to such taking or importation; and
(3) any other time while any marine mammal taken or imported
under a such permit is in the possession of such person or agent.
A duplicate copy of the issued permit must be physically attached
to the container, package, enclosure, or other means of
containment, in which the marine mammal is placed for purposes of
storage, transit, supervision, or care.
(g) Fees
The Secretary shall establish and charge a reasonable fee for
permits issued under this section.
(h) General permits
(1) Consistent with the regulations prescribed pursuant to
section 1373 of this title and to the requirements of section 1371
of this title, the Secretary may issue an annual permit to a United
States purse seine fishing vessel for the taking of such marine
mammals, and shall issue regulations to cover the use of any such
annual permits.
(2) Such annual permits for the incidental taking of marine
mammals in the course of commercial purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean shall be
governed by section 1416 of this title, subject to the regulations
issued pursuant to section 1413 of this title.
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