501 



the Secretary to be unduly harmful to any species 

 of marine mammal, for the purpose of entering 

 into bilateral and multilateral treaties with such 

 countries to protect marine mammals. The Sec- 

 retary of State shall prepare a draft agenda re- 

 lating to this matter for discussion at appropriate 

 international meetings and forums; * 



(3) encourage such other agreements to pro- 

 mote the purposes of this chapter with other na- 

 tions for the protection of specific ocean and land 

 regions which are of special significance to the 

 health and stability of marine mammals; 



(4) Initiate the amendment of any existing in- 

 ternational treaty for the protection and conser- 

 vation of any species of marine mammal to which 

 the United States is a party in order to make such 

 treaty consistent with the purposes and policies 

 of this chapter; 



(5) seek the convening of an international min- 

 isterial meeting on marine mammals before July 

 1, 1973, for the purposes of (A) the negotiation 

 of a binding international convention for the pro- 

 tection and conservation of all marine mammals, 

 and (B) the implementation of paragraph (3) of 

 this section ; and 



(6) provide to the Congress by not later than 

 oiVe year after October 21, 1972. a full report on 

 the results of his efforts under this section. 



(b) (1) In addition to the foregoing, the Secretary 

 shaU— 



(A) in consultation with the Marine Mammal 

 Commission established by section 1401 of this 

 title, imdertake a study of the North Pacific fur 

 seals to determine whether herds of such seals 

 subject to the Jurisdiction of the United States 

 are presently at their optimum sustainable popu- 

 lation and what population trends are evident; 

 and 



(B) in consultation with the Secretary of State, 

 promptly undertake a comprehensive study of the 

 provisions of this chapter, as they relate to North 

 Pacific fur seals, and the provisions of the North 

 Pacific Pur Seal Convention signed on February 9, 

 1957, as extended (hereafter referred to in this 

 subsection as the "Convention"), to determine 

 what modifications, if any, should be made to the 

 provisions of the Convention, or of this chapter, 

 or both, to make the Convention and this chapter 

 consistent with each other. 



The Secretary shall complete the studies required 

 under this paragraph not later than one year after 

 October 21, 1972, and shall immediately provide 

 copies thereof to Congress. 

 (2) If the Secretary finds — 



(A) as a result of the study required under para- 

 graph (1)(A) of this subsection, that the North 

 Pacific fur seal herds are below their optimum 

 sustainable population and are not trending up- 

 ward toward such level, or have reached their 

 optimum sustainable population but are commenc- 

 ing a downward trend, and believes the herds to 

 be in danger of depletion ; or 



(B) as a result of the study required under para- 

 graph (l)(B) of this subsection, that modifica- 

 tions of the Convention are desirable to make it 

 and this chapter consistent: 



he shall, through the Secretary of State. Immedi- 

 ately initiate negotiations to modify the Convention 

 so as to (i) reduce or halt the taking of seals to the 

 extent required to assure that such herds attain and 

 remain at their optimum sustainable population, or 

 (ii) make the Convention and this chapter consist- 

 ent; or both, as the case may be. If negotiations to 

 so modify the Convention are unsuccessful, the Sec- 

 retary shall, through the Secretary of State, take 

 such steps as may be necessary to continue the exist- 

 ing Convention beyond its present termination date 

 so as to continue to protect and conserve the North 

 Pacific fur seals and to prevent a return to pelagic 

 sealing. iPub. L. 92-322. title I, § 108, Oct. 21. 1972, 

 86 Stat. 1038.) 



§ 1379. Federal cooperation with States. 



(a) State regulation of the taking of marine mammals. 



(1) Except as otherwise provided in this section, 

 no State may adopt any law or regulation relating 

 to the taking of marine mammals within its juris- 

 diction or attempt to enforce any State law, or regu- 

 lation relating to such taking. 



(2) Any State may adopt and enforce any laws 

 or regulations relating to the protection and tak- 

 ing, within its jurisdiction, of any species or popu- 

 lation stock of marine manmials if the Secretary 

 determines, after review thereof, that such laws and 

 regulations will be consistent with (A) the regula- 

 tions promulgated under section 1373 of this title 

 with respect to such species or population stock, and 

 (B» such other provisions of this chapter, and any 

 rule or regulation promulgated pursuant to this sub- 

 chapter, which apply with respect to such species or 

 population stock. If the Secretary determines that 

 any such State laws and regulations are so consist- 

 ent, the provisions of this chapter, except this section 

 and sections 1371 (except to the extent that the Sec- 

 retary waives the application of section 1371 to per- 

 mit such State laws and regulations to take effect) 

 and 1380 of this title, and subchapter U of this 

 chapter, shall not apply with respect to the species 

 or population stock concerned within the jurisdic- 

 tion of the State. 



(3) Notwithstanding the preceding provisions of 

 this subsection and the provisions of subsection (c) 

 of this section, the Secretary shall continuously 

 monitor and review the laws and regulations of any 

 State which has assumed responsibility for marine 

 mammals as provided for in paragraph (2) of this 

 subsection. Whenever the Secretary finds that the 

 laws and regulations of any such State are not in 

 substantial compliance with either paragraph (1) or 

 (2). or both, he shall resume responsibilities under 

 this chapter for the marine mammals concerned 

 within the jurisdiction of that State, superseding 

 such State laws and regulations to the extent which, 

 after notice and opportunity for hearing, he deems 

 necessary. 



(4) Nothing In this chapter shall prevent a State 

 or local government ofBcial or employee, in the 

 course of his duties as an official or employee, from 

 taking a marine mammal in a humane manner it 

 such taking (A) is for the protection or welfare of 

 such mammal or for the protection of the public 

 health and welfare, and (B) includes steps designed 



