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 sections1 1371(a)(5) or 1416 of this title, or subsection (h) of this section.
Any permit issued under this section shall-
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.
the Secretary may revoke the permit in accordance with subsection (e), 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.
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.
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.
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-
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.
The Secretary shall establish and charge a reasonable fee for permits issued under this section.
1So in original. Probably should be "section".
16 U.S.C. § 1374
EDITORIAL NOTES
REFERENCES IN TEXT7 U.S.C. 2131 et seq., referred to in subsec. (c)(2)(A)(ii), is the classification for Pub. L. 89-544, Aug. 24, 1966, 80 Stat. 350, known as the Animal Welfare Act, which is classified generally to chapter 54 (§2131 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of Title 7 and Tables.
AMENDMENTS2003-Subsec. (c)(5)(D). Pub. L. 108-108 which directed the substitution of "February 18, 1997" for "April 30, 1994" in "Section 104 (16 U.S.C. 1374)" without indicating the act to be amended, was executed by amending this section, which is section 104 of the Marine Mammal Protection Act of 1972, to reflect the probable intent of Congress. 1999-Subsec. (c)(5)(B). Pub. L. 106-31 made technical correction to directory language of Pub. L. 105-277. See 1998 Amendment note below.1998-Subsec. (c)(5)(B). Pub. L. 105-277 as amended by Pub. L. 106-31 inserted "until expended" after "Secretary" in second sentence. 1997-Subsec. (c)(5)(A). Pub. L. 105-18, §5004(1), struck out ",including polar bears taken but not imported prior to April 30, 1994," after "sport hunts in Canada". Subsec. (c)(5)(D). Pub. L. 105-18, §5004(2), added subpar. (D). Subsec. (h). Pub. L. 105-42 amended subsec. (h) generally. Prior to amendment, subsec. (h) related to general permits, extension of general permit to American Tunaboat Association, and monitoring of incidental taking of marine mammals. 1994-Subsec. (a). Pub. L. 103-238, §5(b)(1), inserted at end "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 1371(a)(5) or 1416 of this title, or subsection (h) of this section."Subsec. (c)(1). Pub. L. 103-238, §5(b)(2)(A), struck out "and after" after "must be observed pursuant to". Subsec. (c)(2). Pub. L. 103-238, §5(b)(2)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "A permit may be issued for public display purposes only to an applicant which offers a program for education or conservation purposes that, based on professionally recognized standards of the public display community, is acceptable to the Secretary and which submits with the permit application information indicating that the applicant's facilities are open to the public on a regularly scheduled basis and that access to the facilities is not limited or restricted other than by the charging of an admission fee." Subsec. (c)(3). Pub. L. 103-238, §5(b)(2)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "A permit may be issued for scientific research purposes only to an applicant which submits with its permit application information indicating that the taking is required to further a bona fide scientific purpose and does not involve unnecessary duplication of research. No permit issued for purposes of scientific research shall authorize the killing of a marine mammal unless the applicant demonstrates that a nonlethal method for carrying out 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 designated as 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." Subsec. (c)(5) to (10). Pub. L. 103-238, §5(b)(2)(D), added pars. (5) to (10). Subsec. (e)(1)(C). Pub. L. 103-238, §5(b)(3), added subpar. (C).1988-Subsec. (c). Pub. L. 100-711, §5(d), designated existing provisions as par. (1) and substituted "scientific research, public display, or enhancing the survival or recovery of a species or stock" for "display or scientific research" in two places, and added pars. (2) to (4).Subsec. (h)(2)(B). Pub. L. 100-711, §4(d), added cls. (iv) to (ix). 1984-Subsec. (h). Pub. L. 98-364 designated existing provisions as par. (1), and added pars. (2) and (3).
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 DATESection 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.
MODIFICATION OF PERMITS EXISTING PRIOR TO APRIL30,1994 Pub. L. 103-238, §5(c), Apr. 30, 1994, 108 Stat. 541, provided that: "Any permit issued under section 104(c)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before the date of the enactment of this Act [Apr. 30, 1994] is hereby modified to be consistent with that section as amended by this Act."