Page:United States Statutes at Large Volume 102 Part 5.djvu/750

 102 STAT. 4756

Federal Register, publication.

PUBLIC LAW 100-711—NOV. 23, 1988

paragraph (A), together with a summary of the provisions of this section and information sufficient to advise vessel owners on how to obtain an exemption and otherwise comply with the requirements of this section; and "(Q at least once each year thereafter, and at such other times as the Secretary considers appropriate, reexamine, based ^^^ information gathered from the program established under subsections (c), (d), (e), and (f), and other relevant sources and after notice and opportunity for public comment, the classification of fisheries and other determinations required under subparagraph (A) and publish in the Federal Roister any necessary changes. "(2)(A) An exemption shall be granted by the Secretary in accordance with this section for a vessel engaged in a fishery identified under paragraph (I)(A)(i) or (ii), upon receipt by the Secretary of a completed r^istration form providing the name of the vessel owner, the name and description of the vessel, the fisheries in which it will be engaged, and such other information as the Secretary considers necessary. A decal or other physical evidence that the exemption is current and valid shall be issued by the Secretary at the time an exemption is granted, and so long as the exemption remains current and valid, shall be reissued annually thereafter. "(B) No exemption may be granted under this section to the owner of a vessel unless such vessel— "(i) is a vessel of the United States; or "(ii) has a valid fishing permit issued by the Secretary in accordance with section 204(b) of the Magnuson Fishery (Conservation and Management Act (16 U.S.C. 1824(b)). "(CD Notwithstanding any other provision of this title, exemptions granted under this section shall authorize the incidental takii^ of marine mammals, other than (California sea otters, from any species or stock, including a population stock designated as depleted, but shall not authorize the intentional letiial taking of any Steller sea lion, any cetacean, or any marine m^imnala from a population stock designated as depleted. "(3)(A) B^inning two hundred and forty days after the date of enactment of this section, each owner of a vessel engaged in any fishery identified under paragraph (I)(A)(i) or (ii) shall, in order to engage lawfully in that fishery— "(i) have roistered witii the Secretary in order to obtain for each such vessel owned an exemption for the purpose of incidentally taking marine mammals in accordance with this section; "(ii) ensure that a decal or such other physical evidence of a current and valid exemption as the Secretary may require is displayed on or is in the possession of the master of each such vessel; and "(iii) report as required by subsection (c). "(B) Any owner of a vessel receiving an exemption under this section for any fishery identified under paragraph (IXAXi) shall, as a condition of that exemption, take on board a natural resource observer if requested to do so by tibe Secretary. "(Q An owner of a vessel engaged in a fishery identified under paragraph (I)(A)(i) or (ii) who— "(i) fails to obtainfi:x>mthe Secretary an exemption under this section; "(ii) fails to maintain a current and valid exemption; or

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