494 



(2) such species and population stocks should 

 not be permitted to diminish beyond the point at 

 which they cease to be a significant functioning 

 element in the ecosystem of which they are a part, 

 and, consistent with this major objective, they 

 should not be permitted to diminish below their 

 optimum sustainable population. Further meas- 

 ures should be immediately taken to replenish any 

 species or population stock which has already 

 diminished below that population. In particular, 

 efforts should be made to protect the rookeries, 

 mating grounds, and areas of similar significance 

 for each species of marine mammal from the ad- 

 verse effect of man's actions: 



(3) there is inadequate knowledge of the ecology 

 and population dynamics of such marine mam- 

 mals and of the factors which bear upon their 

 ability to reproduce themselves successfully; 



(4) negotiations should be undertaken immedi- 

 ately to encourage the development of interna- 

 tional arrangements for research on, and con- 

 servation of, all marine mammals; 



(5) marine mammals and marine mammal 

 products either — 



(A) move in interstate commerce, or 



(B) affect the balance of marine ecosystems 

 in a manner which is important to other animals 

 and animal products which move in interstate 

 commerce, 



and that the protection and conservation of 

 marine mammals is therefore necessary to insure 

 the continuing availability of those products which 

 move in interstate commerce; and 



(6) marine mammals have proven themselves 

 to be resources of great international significance, 

 esthetic and recreational as well as economic, and 

 it is the sense of the Congress that they should 

 be protected and encouraged to develop to the 

 greatest extent feasible commensurate with sound 

 policies of resource management and that the 

 primary objective of their management should be 

 to maintain the health and stability of the marine 

 ecosystem. Whenever consistent with this primary 

 objective, it should be the goal to obtain an opti- 

 mum sustainable jjopulation keeping in mind the 

 optimum carrying capacity of the habitat. 



(Pub. L. 92-522, § 2, Oct. 21, 1972, 86 Stat. 1027.) 



§1362. Definitions. 



For the purposes of this chapter — 



(1) The term "depletion" or "depleted" means 

 any case in which the Secretary, after consultation 

 with the Marine Mamirtal Commission and the 

 Committee of Scientific Advisors on Marine Mam- 

 mals established under subchapter II of this 

 chapter, determines that the number of individuals 

 within a species or population stock — 



(A) has declined to a significant degree over 

 a period of years; 



(B) has otherwise declined and that If such 

 decline continues, or is '.ikely to resume, such 

 species would be subject to the provisions of the 

 Endangered Species Act of 1973; or 



(C) is below the optimum carrying capacity 

 for the species or stock within its environment. 



(2) The terms "conservation" and "manage- 

 ment" means the collection and application of 

 biological information for the purposes of increas- 

 ing and maintaining the number of animals within 

 species and populations of marine mammals at 

 the optimum carrying capacity of their habitat. 

 Such terms include the entire scope of activities 

 that constitute a modern scientific resource pro- 

 gram, including, but not limited to, research, cen- 

 sus, law enforcement, and habitat acquisition and 

 improvement. Also included within these terms, 

 when and where appropriate, is the periodic or 

 total protection of species or populations as well 

 as regulated taking. 



(3) The term "district court of the United 

 States" includes the District Court of Guam, Dis- 

 trict Court of the Virgin Islands, District Court of 

 Puerto Rico, District Court of the Canal Zone, and, 

 in the case of American Samoa and the Trust 

 Territory of the Pacific Islands, the District Court 

 of the United States for the District of Hawaii. 



(4) The term "humane" in the context of the 

 taking of a marine mammal means that method 

 of taking which involves the least possible degree 

 of pain and suffering practicable to the mammal 

 involved. 



(5) The term "marine mammal" means any 

 mammal which (A) is morphologically adapted 

 to the marine environment (including sea otters' 

 and members of the orders Slrenla, Pinnipedla 

 and Cetacea) , or (B) primarily inhabits the ma- 

 rine environment (such as the polar bear) ; and, 

 for the purposes of this chapter, includes any part 

 of any such marine mammal, including Its raw, 

 dressed, or dyed fur or skin. 



(6) The term "marine mammal product" means 

 any item of merchandise which consists, or is com- 

 posed in whole or in part, of any marine mam- 

 mal. 



(7) The term "moratorium" means a complete 

 cessation of the taking of marine mammals and 

 a complete ban on the importation into the United 

 States of marine mammals and marine mammal 

 products, except as provided in this chapter. 



(8) The term "optimum carrying capacity" 

 means the ability of a given habitat to support the 

 optimum sustainable population of a species or 

 population stock in a healthy state without dimin- 

 ishing the ability of the habitat to continue that 

 function. 



(9) The term "optimum sustainable popula- 

 tion" means, with respect to any population stock, 

 the number of animals which will result in the 

 maximum productivity of the population or the 

 species, keeping in mind the optimum carrying 

 capacity of the habitat and the health of the eco- 

 system of which they form a constituent element. 



(10) The term "person" includes (A) any pri- 

 vate person or entity, and (B) any officer, em- 

 ployee, agent, department, or instrumentality of 

 the Federal Government, of any State or political 

 subdivision thereof, or of any foreign government. 



(U) The term "population stock" or "stock" 

 means a group of marine mammals of the same 



