30 



tion. and to take measures to restore the populatioBS of marine mammals 

 which may be siibstantially depleted or threatened with extinction. 



(2) It is the sense of Congress that there be exercised by the Federal 

 Govermnent such regulatory authority as may be found to be necessary to 

 advance the policy expressed herein. It is further the sense of Congress 

 that such regulatory authority be exercised consonant with Federal concern 

 for the livelihood and well-being of Natives, recreational and economic 

 factors, the authority and responsibility of the several States for the con- 

 servation and management of marine mammals, and for implementation of 

 the Convention on Fishing and Conservation of the Living Resources of the 

 High Seas. 



Section 3 



For the purposes of this Act : , r. , • n 



(a) "Marine mammal" shall mean any mammal which is morphologically 

 adapted to the marine environment, including members of the orders 

 Pinnipedia and Cetacea, sea otters, and manatees and any mammal which 

 primarily inhabits the marine environment such as the polar bear, or any 

 part, products, or offspring thereof, or the dead body or parts thereof. 



(b) "Person" means any individual, partnership, corporation, joint ven- 

 ture, joint stock company, unincorporated association, or other organization 

 subject to the jurisdiction of the United States. 



(c) "High seas" means the waters seaward of the territorial sea of the 

 United States. 



(d) The term "taking" shall mean wounding, capturing or killing or 

 hunting or pursuing with on intent to wound, capture or kill. 



(e) "Natives" shall mean any Indians, Aleuts, Eskimos or other aborigines 

 traditionally deriving their subsistence or livelihood, in whole or in part, by 

 taking marine mammals. 



(f) "Secretary" shall mean the Secretary of Commerce or the Secretary 

 of the Interior as appropriate in the context and as related to their functions 

 with respect to the marine mammals over which they exercise regulatory 

 authority as provided in section 4 hereof. 



Section 4 



(a) The Secretary of Commerce shall exercise the regulatory and other 

 authority granted by this Act over all cetaceans, seals, and sea lions. 



(b) The Secretary of the Interior sihall exercise the regulatory and other 

 authority granted by this Act over all other marine mammals. 



(c) The authority granted in this Act shall be in addition to other authorities 

 relating to marine mammals exercised by the Secretaries, and, in the exercise 

 of such other authorities for the conservation and management of marine mam- 

 mals, the Secretaries of Commerce and Interior shall take into account the 

 policies expressed herein. 



Section 5 



(a) It shall be unlawful for any person, vessel, airplane or other conveyance 

 to take any marine mammal on the high seas in violation of regulations issued 

 by the Secretary pursuant to this Act. 



(b) It shall be unlawful for any person, in violation of regulations issued by 

 the Secretary pursuant to this Act, knowingly (i) to possess, transport, sell, offer 

 for sale or process in the United States or (ii) to deliver, carry, import or receive 

 into the United States any marine mammal taken on the high seas. 



(c) It shall be unlawful for any person, in violation of regulations issued by 

 the Secretary pursuant to this Act, knowingly (i) to possess, transport, sell, offer 

 for sale or process in the United States or (ii) to deliver, carry, import or receive 

 into the United States any living marine resource (or any portion or product 

 thereof) if in the taking of such resource any marine mammal is taken on the 

 high seas. 



(d) No person shall fail to keep such records or to make such reports as may 

 be required pursuant to regulations issued under this Act. 



(e) No person shall (i) refuse to allow a duly authorized enforcement 

 officer on board and inspect a vessel, airplane, or conveyance subject to the 

 jurisdiction of the United States in Order to enforce this Act, or (ii) in any 

 other way interfere wtih enforcement of this Act. 



