Page:United States Statutes at Large Volume 108 Part 1.djvu/565

 PUBLIC LAW 103-238—APR. 30, 1994 108 STAT. 539 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. "(C) Not later than 120 days after the date of enactment Regulations. of the Marine Mammal Protection Act Amendments of 1994, the Secretary shall issue a general authorization and implementing regulations allowing bona fide scientific research that may result only in taking by Level B harassment of a marine mammal. Such authorization shall apply to persons which submit, by 60 days before commencement of such research, a letter of intent via certified mail to the Secretary containing the following: "(i) The species or stocks of marine mammals which may be harassed. "(ii) The geographic location of the research, "(iii) The period of time over which the research will be conducted. "(iv) The purpose of the research, including a description of how the definition of bona fide research as established under this Act would apply. "(v) Methods to be used to conduct the research. Not later than 30 days after receipt of a letter of intent to conduct scientific research under the general authorization, the Secretary shall issue a letter to the applicant confirming that the general authorization applies, or, if the proposed research is Hkely to result in the taking (including Level A harassment) of a marine mammal, shall notify the applicant that subparagraph (A) applies."; and (D) by adding at the end the following new paragraphs: "(5)(A) The Secretary may issue a permit for the importa- Canada. tion of polar bear parts (other than internal organs) taken in sport hunts in Canada, including polar bears taken but not imported prior to the date of enactment of the Marine Mammal Protection Act Amendments of 1994, to an applicant which submits with its permit application proof that the polsir bear was legally harvested in Canada by the applicant. Such a permit shall be issued if the Secretary, in consultation with the Marine Mammal Commission and after notice and opportunity for public comment, finds that— "(i) Canada has a monitored and enforced sport hunting program consistent with the purposes of the Agreement on me Conservation of Polar Bears; "(ii) Canada has a sport hunting program based on scientifically sound quotas ensuring the maintenance of the afiected population stock at a sustainable level; "(iii) the export and subsequent import are consistent with the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and other international agreements and conventions; and "(iv) the export and subsequent import are not likely to contribute to illegal trade in bear parts. "(B) The Secretary shall establish and charge a reasonable Fees. fee for permits issued under this paragraph. All fees collected under this paragraph shall be available to the Secretary for use in developing and implementing cooperative research and management programs for the conservation of polar bears in Alaska and Russia pursuant to section 113(d).

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