498 



section 1371(a)(3)(A) of this title and on such 

 regulations, except that, in addition to any other 

 requirements Imposed by law with respect to agency 

 rulemaking, the Secretary shall publish and make 

 available to the public either before or concurrent 

 with the publication of notice in the Federal Register 

 of his intention to prescribe regrUations under this 

 section — 



(1 ) a statement of the estimated existing levels 

 of the species and population stocks of the marine 

 mammal concerned; 



(2) a statement of the expected Impact of the 

 proposed regulations on the optimum sustainable 

 population of such species or population stock; 



(3) a statement describing the evidence before 

 the Secretary upon which he proposes to base such 

 regulations; and 



(4) any studies made by or for the Secretary or 

 any recommendations made by or for the Secre- 

 tary or the Marine Mammal Commission which 

 relate to the establishment of such regulatK>ns. 



(e) Periodic review. 



Any regulation prescribed pursuant to this section 

 shall be periodically reviewed, apd may be modified 

 from time to time in such manner as the Secretary 

 deems consistent with and necessary to carry out the 

 purposes of this chapter. 



(f) Report to Congress. 



Within six months after the effective date of this 

 Act and every twelve months thereafter, the Secre- 

 tary shall report to the public through publication 

 in the Federal Register and to the Congress on the 

 current status of all marine mammal species and 

 population stocks subject to the provisions of this 

 chapter. His report shall describe those actions taken 

 and those measures believed necessary, including 

 where appropriate, the Issuance of permits pursuant 

 to this subchapter to assure the well-being of such 

 marine mammals. (Pub. L. 92-522. title I, § 103, 

 Oct. 21, 1972, 86 Stat. 1033.) 



§ 1374. Permits. 



(a) Issuance. 



The Secretary may issue permits which authorize 

 the taking or importation of any marine mammal. 



(b) Requisite provisions. 



Any permit issued under this section shall — 



(1) be consistent with any applicable regulation 

 established by the Secretary under section 1373 of 

 this title, and 



(2) specify — 



(A) the number and kind of animals which 

 are authorized to be taken or imported, 



(B) the location and manner (which manner 

 must be determined by the Secretary to be 

 humane) in which they may be taken, or from 

 which they may be imported. 



(C) the period during which the permit is 

 valid, and 



(D) any other terms or conditions which the 

 Secretary deems appropriate. 



In any case in which an application for a permit 

 cites as a reason for the proposed taking the over- 

 population of a particular species or population stock, 

 the Secretary shall first consider whether or not it 



would be more desirable to transplant a number of 

 animals (but not to exceed the number requested 

 for taking in the application) of that species or stock 

 to a location not then inhabited by such species or 

 stock but previously inhabited by such species or 

 stock. 



(c) Importation for display or research. 



Any permit issued by the Secretary which author- 

 izes the taking or impwrtation of a marine mammal 

 for purposes of display or scientific research shall 

 specify. In addition to the conditions required by 

 subsection (b) of this section, the methods of capture, 

 supervision, care, and transportation which must be 

 observed pursuant to and after such taking or im- 

 portation. Any person authorized to take or import 

 a marine mammal for purposes of display or scien- 

 tific research shall furnish to the Secretary a report 

 on all activities carried out by him pursuant to that 

 authority. 



(d) Application procedures; notice; hearing; review. 



(1) The Secretary shall prescribe such procedures 

 as are necessary to carry out this section, including 

 the form and manner in which application for per- 

 mits may be made. 



( 2 ) The Secretary shall publish notice in the Fed- 

 eral Register of each application made for a permit 

 under this section. Such notice shall invite the sub- 

 mission from interested parties, within thirty days 

 after the date of the notice, of written data or views, 

 with respect to the taking or importation proposed in 

 such application. 



(3) The applicant for any permit under this sec- 

 tion must demonstrate to the Secretary that the 

 taking or importation of any marine mammal under 

 such permit will be consistent with the purposes of 

 this chapter and the applicable regulations estab- 

 lished under section 1373 of this title. 



(4) If within thirty days after the date of publi- 

 cation of notice pursuant to paragraph (2) of this 

 subsection with respect to any application for a per- 

 mit any interested party or parties request a hearing 

 in connection therewith, the Secretary may, within 

 sixty days following such date of publication, afford 

 to such party or parties an oppwrtunity for such a 

 hearing. 



(5) As soon as practicable (but not later than 

 thirty days ) after the close of the hearing or. If no 

 hearing is held, after the last day on which data, or 

 views, may be submitted pursuant to paragraph (2) 

 of this subsection, the Secretary shall (A) issue a 

 permit containing such terms and conditions as he 

 deems appropriate, or (B) shall deny issuance of a 

 permit. Notice of the decision of the Secretary to 

 issue or to deny any permit under this paragraph 

 must be published in the Federal Register within ten 

 days after the date of issuance or denial. 



(6) Any applicant for a permit, or any party 

 opfMjsed to such permit, may obtain judicial review 

 of the terms and conditions of any permit issued by 

 the Secretary under this section or of his refusal to 

 issue such a permit. Such review, which shall be 

 pursuant to chapter 7 of Title 5, may be initiated by 

 filing a petition for review in the United States dis- 

 trict court for the district wherein the applicant for 

 a permit resides, or has his principal place of busi- 



