Page:United States Statutes at Large Volume 108 Part 1.djvu/563

 PUBLIC LAW 103-238—APR. 30, 1994 108 STAT. 537 (1) in paragraph (2)(B) by striking "for any purpose in any way connected with the taking or importation of and inserting "to take or import"; and (2) in paragraph (4) by— (A) striking "or offer to purchase or sell" and inserting "export, or offer to purchase, sell, or export"; (B) striking "product; and" jmd inserting "product—*'; and (C) inserting after and below the text of the paragraph the following: "(A) that is taken in violation of this Act; or "(B) for any purpose other than public display, scientific research, or enhancing the survival of a species or stock as provided for under subsection 104(c); and", (b) PERMITS.—Section 104 (16 U.S.C. 1374) is amended— (1) in subsection (a) by adding at the end the following: "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 101(a)(5) or 306, or subsection (h) of this section."; (2) in subsection (c)— (A) in paragraph (1) in the first sentence by striking "and afl^r"; (B) by amending paragraph (2) to read as follows: "(2)(A) A permit may be issued to take or import a marine mammal for the purpose of public display only to a person which the Secretary determines— "(i) offers a program for education or conservation purposes that is based on professionally recognized standards of the public display community; "(ii) is registered or holds a hcense issued under 7 U.S.C. 2131 et seq.; and "(iii) maintains facilities for the public display of marine mammals that are open to the public on a regularly scheduled basis and that access to such facilities is not limited or restricted other than by ch£u-ging of an admission fee. "(B) A permit under this paragraph shall grant to the person to which it is issued the right, without obtaining any additional permit or authorization under this Act, to— "(i) take, import, purchase, offer to purchase, possess, or transport the marme mammal that is the subject of the permit; and "(ii) sell, export, or otherwise transfer possession of the marine mammal, or offer to sell, export, or otherwise transfer possession of the marine mammal— "(I) for the purpose of public display, to a person that meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A); "(II) for the purpose of scientific research, to a person that meets the requirements of paragraph (3); or "(III) for the purpose of enhancing the survival or recovery of a species or stock, to a person that meets the requirements of paragraph (4). "(C) A person to which a marine mammal is sold or exported or to which possession of a marine mammal is other-

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