all terms, conditions, prohibitions, and other regulations made applicable by the previous 37 certificate shall remain in effect during the period of the renewal.

(C) No exemption or renewal of such exemption made under this subsection shall have force and effect after the expiration date of the certificate of renewal of such exemption issued under this paragraph.

(D) 38 No person may, after January 31, 1984, sell or offer for sale in interstate or foreign commerce, any pre-Act finished scrimshaw product unless such person holds a valid certificate of exemption issued by the Secretary under this subsection, and unless such product or the raw material for such product was held by such person on October 13, 1982.39

(g) 40 In connection with any action alleging a violation of section 9, any person claiming the benefit of any exemption or permit under this Act shall have the burden of proving that the exemption or permit is applicable, has been granted, and was valid and in force at the time of the alleged violation.

(h) 41 CERTAIN ANTIQUE ARTICLES.-(1) Sections 4(d), 9(a), and 9(c) do not apply to any article 42 which—

(A) 43 is not less than 100 years of age;

(B) is composed in whole or in part of any endangered species or threatened species listed under section 4;

(C) has not been repaired or modified with any part of any such species on or after the date of the enactment of this Act; and

(D) is entered at a port designated under paragraph (3). (2) Any person who wishes to import an article under the excep tion provided by this subsection shall submit to the customs officer concerned at the time of entry of the article such documentation as the Secretary of the Treasury, after consultation with the Secre tary of the Interior, shall by regulation require as being necessary

37 Sec. 1011(b) of Public Law 100-478 (102 Stat. 2314) inserted "previous" in lieu of "original". 38 Subpar. (D) was added by sec. 1011(c) of Public Law 100-478 (102 Stat. 2314).

39 A subpar. (9), previously added by sec. 6(3B) of Public Law 97-304 (96 Stat. 1423), was struck out by sec. 1011(d) of Public Law 100-478 (102 Stat. 2314). That subpar. had required the Secretary to conduct a review of the effectiveness of the regulations prescribed pursuant to sec. 10 f 5). In addition, subpar. (9) required that:

"The Secretary shall submit a report of such review to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on the Environment and Public Works of the Senate and make it available to the general public. Based on such review, the Secretary shall, on or before October 1, 1983, propose and adopt such revisions to such regulations as he deems necessary and appropriate to carry out this paragraph. Upon publication of such revised regulations, the Secretary may renew for a further period of not to exceed three years any certificate of exemption previously renewed under paragraph (8) of this subsection, subject to such new terms and conditions as are necessary and appropriate under the revised regulations; except that any certificate of exemption that would, but for this clause, expire on or after the date of enactment of this paragraph and before the date of the adoption of such regulations may be extended until such time after the date of adoption as may be necessary for purposes of applying such regulations to the certificate. Notwithstanding the foregoing, however, no person may, after January 31, 1984, sell or offer for sale in interstate or foreign commerce any pre-Act finished scrimshaw product unless such person has been issued a valid certificate of exemption by the Secretary under this subsection and unless such product or the raw material for such product was held by such person on the date of the enactment of this paragraph.". 40 Subsec. (g) was added by sec. 2 of Public Law 94-359 (90 Stat. 912). 41 Subsec. (h) was added by sec. 5 of Public Law 95-632 (92 Stat. 3760).

42 The parenthetical phrase "(other than scrimshaw)", which previously appeared at this point, was struck out by sec. 6(4)Ai) of Public Law 97-304 (96 Stat. 1424), effective Jan. 1, 1981. 43 Sec. 64 Axii) of Public Law 97-304 (96 Stat. 1424) amended and restated subpar. (A) effective Jan. 1, 1981. It formerly read: “(A) was made before 1830;".

to establish that the article meets the requirements set forth in paragraphs (1) (A), (B), and (C).

(3) The Secretary of the Treasury, after consultation with the Secretary of the Interior, shall designate one port within each customs region at which articles described in paragraphs (1) (A), (B), and (C) must be entered into the customs territory of the United States.

(4) Any person who imported, after December 27, 1973, and on or before the date of the enactment of the Endangered Species Act Amendments of 1978, any article described in paragraph (1) which

(A) was not repaired or modified after the date of importation with any part of any endangered species or threatened species listed under section 4;

(B) was forfeited to the United States before such date of the enactment, or is subject to forfeiture to the United States on such date of enactment, pursuant to the assessment of civil penalty under section 11; and

(C) is in the custody of the United States on such date of enactment; may, before the close of the one-year period beginning on such date of enactment, make application to the Secretary for return of the article. Application shall be made in such form and manner, and contain such documentation, as the Secretary prescribes. If on the basis of any such application which is timely filed, the Secretary is satisfied that the requirements of this paragraph are met with respect to the article concerned, the Secretary shall return the article to the applicant and the importation of such article shall, on and after the date of return, be deemed to be a lawful importation under this Act.

(i) 44 NONCOMMERCIAL TRANSSHIPMENTS.-Any importation into the United States of fish or wildlife shall, if

(1) such fish or wildlife was lawfully taken and exported from the country of origin and country of reexport, if any;

(2) such fish or wildlife is in transit or transshipment through any place subject to the jurisdiction of the United States en route to a country where such fish or wildlife may be lawfully imported and received;

(3) the exporter or owner of such fish or wildlife gave explicit instructions not to ship such fish or wildlife through any place subject to the jurisdiction of the United States, or did all that could have reasonably been done to prevent transshipment, and the circumstances leading to the transshipment were beyond the exporter's or owner's control;

(4) the applicable requirements of the Convention have been satisfied; and

(5) such importation is not made in the course of a commercial activity,

be an importation not in violation of any provision of this Act or any regulation issued pursuant to this Act while such fish or wildlife remains in the control of the United States Customs Service.

44 Subsec. (i), as added sec. 5 of Public Law 95-632 (92 Stat. 3760), was amended and restated by sec. 6(5) of Public Law 97-304 (96 Stat. 1424).

(j) 45 EXPERIMENTAL POPULATIONS.-(1) For purposes of this subsection, the term "experimental population" means any population (including any offspring arising solely therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the population is wholly separate geographically from nonexperimental populations of the same species.

(2)(A) The Secretary may authorize the release (and the related transportation) of any population (including eggs, propagules, or individuals) of an endangered species or a threatened species outside the current range of such species if the Secretary determines that such release will further the conservation of such species.

(B) Before authorizing the release of any population under subparagraph (A), the Secretary shall by regulation identify the population and determine, on the basis of the best available information, whether or not such population is essential to the continued existence of an endangered species or a threatened species.

(C) For the purposes of this Act, each member of an experimental population shall be treated as a threatened species; except that

(i) solely for purposes of section 7 (other than subsection (a)(1) thereof), an experimental population determined under subparagraph (B) to be not essential to the continued existence of a species shall be treated, except when it occurs in an area within the National Wildlife Refuge System or the National Park System, as a species proposed to be listed under section 4; and

(ii) critical habitat shall not be designated under this Act for any experimental population determined under subparagraph (B) to be not essential to the continued existence of a species. (3) The Secretary, with respect to populations of endangered species or threatened species that the Secretary authorized, before the date of the enactment of this subsection, for release in geographical areas separate from the other populations of such species, shall determine by regulation which of such populations are an experimental population for the purposes of this subsection and whether or not each is essential to the continued existence of an endangered species or a threatened species.

ENDANGERED PLANTS

Sec. 12.46 The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which are now or may become endangered or the threatened and (2) methods of adequately conserving such species, and to report to Congress, within one year after the date of the enactment of this Act, the results of such review including recommendations for new legislation or the amendment of existing legislation.

45 Sec. 6(6) of Public Law 97-304 (96 Stat. 1424) added subsec. (j). 46 16 U.S.C. 1541.

15. Marine Mammal Protection Act of 1972, as amended

Partial text of Public Law 92-522 [H.R. 10420], 86 Stat. 1027, approved October 21, 1972, as amended by Public Law 93-205 [Endangered Species Act of 1973; S. 1983], 87 Stat. 884, approved December 28, 1973; Public Law 95-136 [S. 1522], 91 Stat. 1167, approved October 18, 1977; Public Law 95-316 [H.R. 10730], 92 Stat. 380, approved July 10, 1978; Public Law 97-58 [H.R. 40841], 95 Stat. 979, approved October 9, 1981; Public Law 97-389 [Fisheries Amendments Act of 1982; H.R. 3942], 96 Stat. 1949 at 1951, approved December 29, 1982; Public Law 98-364 [H.R. 4997], 98 Stat. 440, approved July 17, 1984; Public Law 99-659 [S. 991], 100 Stat. 3706, approved November 14, 1986; Public Law 100-711 [Marine Mammal Protection Act Amendments of 1988; H.R. 4189], 102 Stat. 4755, approved November 23, 1988; and by Public Law 101-627 [Fishery Conservation Amendments of 1990-Dolphin Protection Consumer Information Act; H.R. 2061] 104 Stat. 4436, approved November 28, 1990

AN ACT To protect marine mammals; to establish a Marine Mammal Commission; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with the following table of contents, may be cited as the "Marine Mammal Protection Act of 1972".

FINDINGS AND DECLARATION OF POLICY

Sec. 2.2 The Congress finds that

1

(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man's activities;

(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sus

1 Sec. 602 of the Foreign Relations Authorization Act, Fiscal Year 1979 (92 Stat. 985), contained the following sense of the Congress expressing its concern over the continuing destruction of marine mammals:

"Sec. 602. It is the sense of the Congress that the President should convey to all countries having an interest in cetacean sea life the serious concern of the Congress regarding the continuing destruction of these marine mammals (highlighted by the recent slaughter of dolphins in the Sea of Japan by Japanese fishermen) and should encourage such countries

“(1) to join in international discussions with other such countries in order to advance general understanding of cetacean life and thereby facilitate an effective use of the living marine resources of the world which does not jeopardize the natural balance of the aquatic environment;

"(2) to participate in an exchange of information with the National Marine Fisheries Service of the United States Department of Commerce, including cooperation in studies of"(A) the impact of cetaceans on ecologically related human foodstuffs, and "(B) alternative methods of dealing with cetacean problems as they occur;

"(3) to cooperate in establishing an international cetacean commission to advance understanding of cetacean life and to insure the effective conservation and protection of cetaceans on a global scale; and

"(4) to adopt comprehensive marine mammal protection legislation.".

2 16 U.S.C. 1361.

35-499-91-8

tainable population. Further measures should be immediately taken to replenish any species or population stock which has plready diminished below that population. In particular, efforts should be made to protect the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man's actions;

(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;

(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;

(5) marine mammals and marine mammal products either(A) move in interstate commerce, or

(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,

and that the protection and conservation of marine mammals is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and

(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and it is the sense of the Congress that they should be protected and encouraged to develop to the greatest extent feasible commensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind the 3 carrying capacity of the habi

tat.

TITLE I-CONSERVATION AND PROTECTION OF MARINE MAMMALS

MORATORIUM AND EXCEPTIONS

Sec. 101. (a) There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this Act, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases:

(1) 5 Consistent with the provisions of section 104, permits may be issued by the Secretary for taking and importation for

3 The word "optimum" which previously appeared at this point, was struck out by sec. 1(b)(1) of Public Law 97-58 (95 Stat. 979).

4 16 U.S.C. 1371.

5 Par. (1) was amended by sec. 5(c) of Public Law 100-711 (102 Stat. 4769). Par. (1) previously read: "(1) Permits may be issued by the Secretary for taking and importation for purposes of scientific research and for public display if-".