497 



vention of any regulations or limitations, issued 

 by the Secretary for that fishery to achieve the 

 purposes of this chapter. 



(b) Importation of pregnant or nursing mammals; 

 depleted species or stock; inhumane taking. 

 Except pursuant to a permit for scientific research 

 issued under section 1374(c) of this title, it is unlaw- 

 ful to import into the United States any marine 

 mammal if such mammal was — 



(1) pregnant at the time of taking ; 



(2) nursing at the time of taking, or less than 

 eight months old, whichever occurs later; 



'3) taken from a species or population stools 

 which the Secretarv hns. by regulation published 

 in the Federal Register, designated as a depleted 

 species or stock or which has been listed as an 

 endangered species or threatened species pursuant 

 to the Endangered Species Act of 1973; or 



(4) taken in a manner deemed Inhumane by the 

 Secretary. 



(c) Importation of illegally taken mammals. 



It is unlawful to Import Into the United States 

 any of the following : 



( 1 ) Any marine mammal which was — 



(A) taken In violation of this subchapter ; or 



(B) taken in another country in violation of 

 the law of that country. 



(2) Any marine mammal product if — 



(A) the Importation into the United States of 

 the marine mammal from which such product 

 is made is unlawful under paragraph ( 1 ) of this 

 subsection; or 



(B) the sale in commerce of such product in 

 the country of origin of the product is illegal ; 



(3) Any fish, whether fresh, frozen, or other- 

 wise prepared, if such fish was caught in a manner 

 which the Secretary has prescribed for persons 

 subject to the jurisdiction of the United States, 

 whether or not any marine mammals were in fact 

 taken incident to the catching of the fish. 



(d) Nonapplicability of prohibitions. 



Subsections (b) and (c) of this section shaU not 

 apply— 



(1) in the case of marine mammals or marine 

 mammal products, as the case may be. to which 

 subsection (b) (3) of this section applies, to such 

 items imported into the United States before the 

 date on which the Secretary publishes notice In 

 the Federal Register of his proposed rulemaking 

 with respect to the designation of the species or 

 stock concerned as depleted or endangered; or 



(2) In the case of marine mammals or marine 

 mammal products to which subsection (c) (1) (B) 

 or (c) (2) (B) of this section applies, to articles 

 imported Into the United States before the effec- 

 tive date of the foreign law making the taking or 

 sale, as the case may be, of such marine mammals 

 or marine mammal products unlawful. 



(e) Retroactive effect. 



This chapter shall not apply with respect to any 

 marine rr immal taken before the effective date of 

 this Act, or to any marine mammnl product con- 

 sisting of, of composed in whole or in part of, any 

 marine mammal taken before such date. (Pub. L. 92- 



522. title I, § 102, Oct. 21, 1972, 86 Stat. 1032, 

 amended Pub. L. 93-205, § 13(e) (3). Dec. 28. 1973, 

 87 Stat. 903.) 



Amendments 

 1973 — Subsec. (b)(3). Pub. L. 93-205 substituted "an 

 endangered species or threatened species pursuant to the 

 Endangered Species Act of 1973" for "endangered under 

 the Endangered Species CJonservatlon Act of 1969". 



§ 1373. Regulations on taking of marine mammals. 



(a) Necessity and appropriateness. 



The Secretary, on the basis of the best scientific 

 evidence available and in consultation with the Ma- 

 rine Mammal Commission, shall prescribe such reg- 

 ulations with respect to the taking and Importing of 

 animals from each species of marine mammal (In- 

 cluding regulations on the taking and Importing of 

 Individuals within population stocks) as he deems 

 necessary and appropriate to Insure that such tak- 

 ing will not be to the disadvantage of those species 

 and population stocks and will be consistent with the 

 purposes and policies set forth in section 1361 of 

 this title. 



(b) Factors considered in prescribing regulations. 



In prescribing such regulations, the Secretary shall 

 give full consideration to all factors which may affect 

 the extent to which such animals may be taken or 

 imported, including but not limited to the effect of 

 such regulations on — 



( 1 ) existing and future levels of marine mammal 

 species and population stocks ; 



(2) existing international treaty and aijreement 

 obligations of the United States; 



(3) the marine ecosystem and related environ- 

 mental considerations; 



(4) the conservation, development, and utiliza- 

 tion of fishery resources; and 



(5) the economic and technological feasibility 

 of implementation. 



(c) Allowable restrictions. 



The regulations prescribed imder subsection (a) of 

 this section for any species or population stock of 

 marine mammal may include, but are not limited to. 

 restrictions with respect to — 



(1) the number of animals which may be taken 

 or imported in any calendar year pursuant to per- 

 mits issued under section 1374 of this title; 



(2) the age, size, or sex (or any combination of 

 the foregoing) of animals which may be taken or 

 imported, whether or not a quota prescribed under 

 paragraph (1) of this subsection applies with re- 

 spect to such animals; 



(3) the season or other period of time within 

 which animals may be taken or imported; 



(4) the manner and locations in which animals 

 may be taken or imported; and 



(5) fishing techniques which have been found 

 to cause undue fatalities to any species of marine 

 mammal in a fishery. 



(d) Procedure. 



Regulations prescribed to carry out this section 

 with respect to any species or stock of marine mam- 

 mals must be made on the record after opportunity 

 for an agency hearing on both the Secretary's deter- 

 mination to waive the moratorium pursuant to 



