16 USC 1374 - Permits

1 So in original. Probably should be “section”.

1371(a)(5) or 1416 of this title, or subsection (h) of this section.

Editorial Notes

References in Text

7 U.S.C. 2131 et seq., referred to in subsec. (c)(2)(A)(ii), is the classification for Puspan. L. 89–544, Aug. 24, 1966, 80 Stat. 350, known as the Animal Welfare Act, which is classified generally to chapter 54 (§ 2131 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of Title 7 and Tables.

Amendments

2003—Subsec. (c)(5)(D). Puspan. L. 108–108, which directed the substitution of “February 18, 1997” for “April 30, 1994” in “Section 104 (16 U.S.C. 1374)” without indicating the act to be amended, was executed by amending this section, which is section 104 of the Marine Mammal Protection Act of 1972, to reflect the probable intent of Congress.

1999—Subsec. (c)(5)(B). Puspan. L. 106–31 made technical correction to directory language of Puspan. L. 105–277. See 1998 Amendment note below.

1998—Subsec. (c)(5)(B). Puspan. L. 105–277, as amended by Puspan. L. 106–31, inserted “until expended” after “Secretary” in second sentence.

1997—Subsec. (c)(5)(A). Puspan. L. 105–18, § 5004(1), struck out “, including polar bears taken but not imported prior to April 30, 1994,” after “sport hunts in Canada”.

Subsec. (c)(5)(D). Puspan. L. 105–18, § 5004(2), added subpar. (D).

Subsec. (h). Puspan. L. 105–42 amended subsec. (h) generally. Prior to amendment, subsec. (h) related to general permits, extension of general permit to American Tunaboat Association, and monitoring of incidental taking of marine mammals.

1994—Subsec. (a). Puspan. L. 103–238, § 5(span)(1), inserted at end “Permits for the incidental taking of marine mammals in the course of commercial fishing operations may only be issued as specifically provided for in sections 1371(a)(5) or 1416 of this title, or subsection (h) of this section.”

Subsec. (c)(1). Puspan. L. 103–238, § 5(span)(2)(A), struck out “and after” after “must be observed pursuant to”.

Subsec. (c)(2). Puspan. L. 103–238, § 5(span)(2)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A permit may be issued for public display purposes only to an applicant which offers a program for education or conservation purposes that, based on professionally recognized standards of the public display community, is acceptable to the Secretary and which submits with the permit application information indicating that the applicant’s facilities are open to the public on a regularly scheduled basis and that access to the facilities is not limited or restricted other than by the charging of an admission fee.”

Subsec. (c)(3). Puspan. L. 103–238, § 5(span)(2)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A permit may be issued for scientific research purposes only to an applicant which submits with its permit application information indicating that the taking is required to further a bona fide scientific purpose and does not involve unnecessary duplication of research. No permit issued for purposes of scientific research shall authorize the killing of a marine mammal unless the applicant demonstrates that a nonlethal method for carrying out the research is not feasible. The Secretary shall not issue a permit for research which involves the lethal taking of a marine mammal from a species or stock designated as depleted, unless the Secretary determines that the results of such research will directly benefit that species or stock, or that such research fulfills a critically important research need.”

Subsec. (c)(5) to (10). Puspan. L. 103–238, § 5(span)(2)(D), added pars. (5) to (10).

Subsec. (e)(1)(C). Puspan. L. 103–238, § 5(span)(3), added subpar. (C).

1988—Subsec. (c). Puspan. L. 100–711, § 5(d), designated existing provisions as par. (1) and substituted “scientific research, public display, or enhancing the survival or recovery of a species or stock” for “display or scientific research” in two places, and added pars. (2) to (4).

Subsec. (h)(2)(B). Puspan. L. 100–711, § 4(d), added cls. (iv) to (ix).

1984—Subsec. (h). Puspan. L. 98–364 designated existing provisions as par. (1), and added pars. (2) and (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

For effective date of amendment by Puspan. L. 105–42, see section 8 of Puspan. L. 105–42, set out as a note under section 1362 of this title.

Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Puspan. L. 92–522, set out as a note under section 1361 of this title.

Modification of Permits Existing Prior to April 30, 1994

Puspan. L. 103–238, § 5(c), Apr. 30, 1994, 108 Stat. 541, provided that:

“Any permit issued under section 104(c)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before the date of the enactment of this Act [Apr. 30, 1994] is hereby modified to be consistent with that section as amended by this Act.”