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Title II — Protection of Ocean Mammals 



DEFINITIONS 



Sec. 201. As used in this title — 



(1) The term "ocean mammals" means all seal, whale, walrus, manatee or 

 sea cow, sea otter, sea lion, polar bear, porpoise, and dolphin. 



(2) The term "person" includes individual, partnership, corporation, associa- 

 tion, and Federal and State agencies. 



(3) The term "take" or "taking" or "taken" means to harass, pursue, hunt, 

 shoot, dynamite, capture, collect, kill, or attempt to harass, pursue, hunt, shoot, 

 dynamite, capture, collect, or kill. 



PBOHIBITIONS 



Sec, 202. (a) It is unlawful, except as provided in section 203 of this title or 

 in title III of the Ocean Mammal Protection Act of 1971, (1) for any person or 

 vessel subject to the jurisdiction of the United States to engage in the taking of 

 ocean mammals either on the high seas or on lands or waters under the jurisdic- 

 tion of the United States, or to use any port or harbor or other place under the 

 jurisdiction of the United States for any purpose connected in any way with 

 such taking, or (2) for any person to transport, import, offer for sale, or possess 

 at any port or place or on any vessel, subject to the jurisdiction of the United 

 States, ocean mammals or the parts of ocean mammals taken after the effective 

 date of this title, including but not limited to. raw, dressed, or dyed fur or skins. 



(b) The possession of ocean mammals or any part thereof by any person con- 

 trary to the provisions of this title shall constitute prima facie evidence that 

 ocean mammal or part thereof was taken, purchased, sold, or transported in vio- 

 lation of the provisions of this title or the regulations issued thereunder. 



exceptions fob INDIANS, ALEUTS, AND ESKIMOS 



Sec. 203. (a) Indians, Aleuts, and Eskimos who dwell on the coasts of the 

 North Pacific or Arctic Oceans are permitted to take ocean mammals (except 

 polar bears) for their own use but not for sale ; except that such taking must be 

 done in accordance with customary traditions and as an adjunct of the native 



culture. . ., . 



(b) The authority contained in this section shall not apply to Indians, Aleuts, 

 and Eskimos who are employed by any person under the provisions of the Fur 

 Seal Act of 1966 or title III of the Ocean Mammal Protection Act of 1971 for 

 the purpose of taking ocean mammals, or who are under contract or agreement 

 to deliver the skins to any person. 



exceptions for medical and SCIENTIFIC RESEARCH AND FOB CERTAIN ZOOS 



Sec. 204. (a) Nothing in this title shall be considered (1) to prohibit any 

 public or private nonprofit zoo from obtaining, with the written consent from 

 the Secretary of the Interior, an appropriate number of ocean mammals to 

 replace any which are deceased or diseased, if such replacement ocean mammals 

 will be humanely captured; or (2) to prohibit the humane capture of a select 

 number of ocean mammals for scientific or medical research. 



(b) The Secretary of the Interior shall prescribe sux^h regulations as may be 

 necessary to carry out this subsection, including methods of capture, supervision, 

 and transportation of ocean mammals. 



FORFEITURE 



Sec. 205. (a) Every vessel subject to the jurisdiction of the United States that 

 is employed in any manner in connection with a violation of the provisions of 

 this title, including its tackle, apparel, furniture, appurtenances, cargo, and 

 stores shall be subject to forfeiture and all ocean mammals or parts thereof, 

 taken or retained in violation of this title or the monetary value thereof shall be 



forfeited. ^ . ,. . , - 



(b) All provisions of law relating to the seizure, summary, and judicial tor- 

 feiture, and condemnation of a vessel, including its tackle, apparel, furniture, 

 appurtenances, cargo, and stores for violation of the customs laws, the disposition 



