496 



ments of such marine mammals, to determine 

 when, to what extent, if at all, and by what means,' 

 it is compatible with this chapter to waive the re- 

 quirements of this section so as to allow taking, or 

 importing of any marine mammal, or any marine 

 mammal product, and to adopt suitable regula- 

 tions, issue permits, and make determinations in 

 accordance with sections 1372, 1373, 1374, and 1381 

 of this title permitting and governing such taking 

 and importing, in accordance with such determi- 

 nations: Provided, however. That the Secretary, 

 in making such determinations must be assured 

 that the taking of such marine mammal is in ac- 

 cord with sound principles of resource protection 

 and conservation as provided in the purposes and 

 policies of this chapter: Provided further, however. 

 That no marine mammal or no marine mammal 

 product may be imported into the United States 

 unless the Secretary certifies that the program for 

 taking marine mammals in the country of origin 

 is consistent with the provisions and policies of 

 this chapter. Products of nations not so certified 

 may not be imported into the United States for 

 any purpose, including processing for exportation. 

 (B) Excent for .«;cientific research purposes as 

 provided for In oa'-agnph (1) of this subsection, 

 during the moratnnum no rermlt may be issued 

 for the taking of any marine mammal which Is 

 classified as belonging to an endangered species or 

 threatened species pursuant t-o the Endangered 

 Species Act of 1973 or has been design? ted by the 

 Secretarj- as depleted, and no importation may be 

 made of any such mammal. 



(b) Exemptions for Alaskan natives. 



The provisions of this chapter shall not apply with 

 respect to the taking of any marine mammal by any 

 Indian, Aleut, or Eskimo who dwells on the coast of 

 the North Pacific Ocean or the Arctic Ocean if such 

 taking — 



(1) is for subsistence purposes by Alaskan na- 

 tives who reside in Alaska, or 



(2) is done for purposes of creating and selling 

 authentic native articles of handicrafts and cloth- 

 ing: Provided, That only authentic native arti- 

 cles of handicrafts and clothing may be sold in 

 interstate commerce: And provided further. That 

 any edible portion of marine mammals may be sold 

 in native villages and towns in Alaska or for native 

 consumption. For the purposes of this subsection, 

 the term "authentic native articles of handicrafts 

 and clothing" means items composed wholly or in 

 some significant respect of natural materials, and 

 which are produced, decorated, or fashioned in the 

 exercise of traditional native handicrafts without 

 the use of pantographs, multiple carvers, or other 

 mass copying devices. Traditional native handi- 

 crafts include, but are not limited to weaving, 

 carving, stitching, sewing, lacing, beading, draw- 

 ing and painting: and 



(3) in each case, is not accomplished in a waste- 

 ful manner. 



Notwithstanding the preceding provisions of this 

 subsection, when, under this chapter, the Secretary 

 determines any species or stock of marine mammal 



subject to taking by Indians, Aleuts, or Eskimos to be 

 depleted, he may prescribe regulations upon the tak- 

 ing of such marine mammals by any Indian, Aleut, or 

 Eskimo described in this subsection. Such regula- 

 tions may be established with reference to species or 

 stocks, geographical description of the area included, 

 the season for taking, or any other factors related 

 to the reason for establishing such regulations and 

 consistent with the purposes of this chapter. Such 

 regulations shall be prescribed after notice and hear- 

 ing required by section 1373 of this title and shall be 

 removed as soon as the Secretary determines that 

 the need for their imposition has disappeared. 



(c) Hardship exemption. 



In order to minimize undue economic hardship to 

 persons subject to this chapter, other than those en- 

 gaged in commercial fishing operations referred to 

 In subsection (a) (2) of this section, the Secretary, 

 upon any such person filing an application wiih him 

 and upon filing such information as the Secretary 

 may require showing, to his satisfaction, such hard- 

 ship, may exempt such person or class of persons 

 from provisions of this chapter for no more than one 

 year from October 21, 1972, as he determines to be 

 appropriate. (Pub. L. 92-522. title I. § 101. Oct. 21. 

 1972, 86 Stat. 1029, .-.mended Pub. L. 93-205, 

 § 13(e) (2), Dec. 28, 1973, 87 Stat. 903.) 



Amendments 



1973— Subsec. (a) (3) (B) . Pub. L. 93-205 sub.'-tltuted "or 

 threatened species pursuant to the Enda::gered Species 

 Act of 1973" for "pursuant to the Endangered Species 

 Conservation Act of 1969". 



§1372. Prohibitions. 



(a) Taking. 



Except as provided in sections 1371, 1373, 1374, 

 1381, and 1383 of this title, it is unlawful — 



(1) for any person subject to the jurisdiction of 

 the United States or any vessel or other convey- 

 ance subject to the jurisdiction of the United 

 States to take any marine mammal on the high 

 seas; 



(2) except as expressly provided for by an inter- 

 national treaty, convention, or agreement to which 

 the United States is a party and which was en- 

 tered into before the effective date of this sub- 

 chapter or by any statute implementing any such 

 treaty, convention, or agreement — 



(A) for any person or vessel or other con- 

 veyance to take any marine mammal in waters 

 or on lands under the jurisdiction of the United 

 States; or 



IB) for any person to use any port, harbor, or 

 other place under the jurisdiction of the United 

 States for any purpose in any way connected 

 with the taking or importation of marine mam- 

 mals or marine mammal products; and 



(3) for any person, with respect to any marine 

 mammal taken in violation of this subchapter — 



(A) to possess any such mammal; or 



(B) to transport, sell, or offer for sale any 

 such mammal or any marine mammal product 

 made from any such mammal; and 



(4) for any person to use, in a commercial fish- 

 ery, any means or methods of fishing in contra- 



