1-5 



(b) of this section, the Secretary shall, in addition to any other requirements 

 imposed by law with respect to agency rulemaking, publish and make available 

 to the public — 



(1) a statement of the existing levels of the species and population stocks 

 of the marine mammal concerned ; 



(2) a statement of the expected impact of the proposed quota on such 

 species or population stock ; and 



(3) any studies made by, or for, the Secretary or the Marine Ma mma l 

 Oomimissian which relate to the establishment of such quota, 



(d) Any limitation prescribed pursuant to this section shall be periodically 

 reviewed, and may be modified from time to time in such manner as the Secretary 

 deems necessary to carry out the purposes of this Act. 



PEBMITS 



Sec. 103. (a) The Secretary may issue permits, after notice and opportunity 

 for public hearing, which authorize the taking of any ocean mammal. 



( b ) Any permit issued under this section shall — 



(1) be consistent with any applicable limitation established by the 

 Secretary under section 102, and 



(2) specify — 



(A) the number and kind of animals which are authorized to be 

 taken, 



(B) the location and manner (which manner must be determined 

 by the Secretary to be humane) in which they may be taken. 



(C ) the period during which the permit is valid, and 



(D) any other terms or conditions which the Secretary deems 

 appropriate. 



(c) The Secretary may modify, suspend, or revoke in whole or part the 

 terms and conditions of any permit issued by him under this section — 



(1 ) 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 limitation 

 prescribed under section 102, and 



(2) in any case in which a violation of the terms and conditions of the 

 permit is found. 



Any modification, suspension, or revocation of a permit under this subsection 

 shall take effect at the time notice thereof is given to the permittee. The permittee 

 shall then be granted opportunity for expeditious hearing by the Secretary with 

 respect to such modification, suspension, or revocation. 



(d) Any permit issued under this section must be in the possession of the 

 person to whom it is issued ( or an agent of such i)erson ) during — 



( 1 ) the time of the authorized taking ; 



(2) the period of any transit of such person or agent which is incident 

 to such taking ; and 



(3) any other time while any marine mammal taken under such permit 

 is in the possession of such person or agent 



(e) The Secretary shall prescribe such procedures as may be necessary to 

 carry out this section, including the manner and form in which application for 

 permits may be made and the information which should accompany with an 

 application to enable the Secretary to review and evaluate the proposed taking. 



PENALTIES 



Sec. 104. (a) Any person who violates any provision of this title or any 

 regulation issued thereunder may be assessed a civil penalty by the Secretary 

 or not more than $5,000 for each such violation. No penalty shall be assessed 

 unless such person is given notice and opportimity for a hearing with respect 

 to such violation. Each violation shall be a separate offense. Any such civil 

 penalty may be compromised by the Secretary. Upon any failure to pay a penalty 

 assessed under this subsection, the Secretary may request the Attorney General 

 to institute a civil action in a district court of the United States for any district 

 in which such person is found, resides, or transacts business to collect the 

 penalty and such court shall have jurisdiction to hear and decide any such 

 action. In hearing such action, the court may review the violation and the as- 

 sessment of the civil penalty de novo. 



(b) Any person who knowingly violates any provision of this title or any 

 regulation issued thereunder shall, upon conviction, be fined not more than 

 $10,000, or imprisoned for not more than one year, or both. 



