31 



Section 6 



(a) As sot>n as reasonably practicable following the enactment of this Act, 

 the Secretary, with the concurrence of the Secretary of State and after notice 

 and opportunity for public hearing, shall issue such regulations as he deems 

 necessary and appropriate to carry out the purposes of this Act. Such regu- 

 lations may include, without limitation, (i) provisions for the issuance of 

 general and particular licenses or permits for the conduct of activities de- 

 scribed in section 5 of this Act; (ii) such limitations on the taking of any 

 species of marine mammal as the Secretary deems necessary for the con- 

 servation or management of said species, including the taking of marine mam- 

 mals incidental to commercial fishing operations; and (iii) provisions for con- 

 trolling the use of vessels, airplane, and other conveyances in connection with 

 the taking of marine mammals. In issuing such regulations the Secretary 

 may, in addition to such other procedures as may be specified by law, con- 

 sult and cooi)erate with the interested States. 



(b) In issuing regulations under subsection (a) hereof, the Secretary shall 

 take into account (1) the findings and purposes expressed in section 2 of this 

 Act; (ii) whether or not affected species of marine mammals are threatened 

 with extinction, or substantial depletion by natural or man-made causes; (iii) 

 whether or not affected species of marine mammals can be managed on a 

 sustained-yield basis; (iv) the results of studies, research and development 

 undertaken pursuant to this Act: (v) the need for taking marine mammals 

 for medical, scientific, and education purposes: (vi) traditional activities of 

 Natives; (vii) economic factors; (viii) whether or not regulation would be 

 effective because of the activities of persons not subject to the jurisdiction 

 of the United States; (ix) recreation factors; and (x) such other factors as 

 may be relevant to the conservation and management of marine mammals. 



Section 7 



(a) Any person who commits a violation specified in section 5 hereof (other 

 than violations referred to in section 7(b) below) shall be assessed a civil 

 penalty of not more than $2,500 by the District Court of the United States 

 for any district in which such person is found, resides or transactions busi- 

 ness, enforcement of such penalty to be instituted by the Attorney General 

 at the request of the Secretary. 



(b) Any i)erson who knowingly commits a violation specified in section 5(a), 

 and any person who commits a violation specified in section 5(b) or (c), shall 

 be guilty of a misdemeanor and shall be subject to a fine of up to $10,000. 



(c) Any vessel, airplane or other conveyance subject to the jurisdiction, of 

 the United States that is employed in connection with a violation referred to in 

 section 7(b) hereof including its tackle, apparel, furniture, appurtenances, cargo, 

 and stores, shall be subject to forfeiture and all marine mammals taken or re- 

 tained in violation of regulations issued pursuant to this Act and all living ma- 

 rine resources (or i>ortion or product thereof) jwssessed, transported, sold, of- 

 fered for sale, processed, delivered, carried, imi)orted or received in violation of 

 regulations issued pursuant to this Act or, in either case, the monetary value 

 thereof shall be forfeited. 



(d) All provisions of law relating to the seizure, summary, and judicial for- 

 feiture, and condemnation of a vessel, airplane or other conveyance including 

 its tackle, apparel, furniture, appurtenances, cargo, and .stores, for violation 

 of the customs laws, the disposition of such vessel, airplane or other conveyance 

 including its tackle, apparel, furniture, appuretenances, cargo, and stores, or the 

 proceeds from the sale thereof, and remission of mitigation of such forfeitures 

 shall apply to seizures and forfeitures incurred, or alleged to have been incurred, 

 under the provisions of this Act, insofar as such provisions of law are applicable 

 and not inconsistent with the provisions of this Act. 



(e) Each violation of any regulations issued pursuant to this Act shall consti- 

 tute a separate offense. 



Section 8 



(a) This Act shall be enforced by the Secretaries of Commerce, Interior, 

 Treasury, and the Department in which the Coast Guard is operating. The Secre- 

 taries may utilize, by agreement, the personnel, services, and facilities of any 

 other Federal agency for purposes of enforcing this Act. 



(b) The Secretaries may also designate officers and employees of any State 

 or of any possession of the United States to enforce the provisions of this Act 



