Page:United States Statutes at Large Volume 108 Part 1.djvu/574

 108 STAT. 548 PUBLIC LAW 103-238—APR. 30, 1994 by the Secretary at the time an authorization is granted, and so long as the authorization remains current and valid, shall be reissued annually thereafter. "(B) No authorization 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)). "(C) Except as provided in subsection (a), an authorization granted under this section shall allow the incidental taking of all species and stocks of marine mammals to which this Act applies. "(3)(A) An owner of a vessel engaged in any fishery listed under paragraph (I)(A)(i) or (ii) shall, in order to engage in the lawful incidental taking of marine mammals in a commercial fishery— "(i) have registered as required under paragraph (2) with ' the Secretary in order to obtain for each such vessel owned and used in the fishery an authorization for the purpose of incidentally taking marine mammals in accordance with this section, except that owners of vessels holding valid certificates of exemption under section 114 are deemed to have registered for purposes of this subsection for the period during which such exemption is vaUd; "(ii) ensure that a decal or such other physical evidence of a current and vaUd authorization as the Secretary may require is displayed on or is in the possession of the master of each such vessel; "(iii) report as required by subsection (e); and "(iv) comply with any applicable take reduction plan and emergency regulations issued under this section. "(B) Any owner of a vessel receiving an authorization under this section for any fishery listed under paragraph (I)(A)(i) or (ii) shall, as a condition of that authorization, take on board an observer if requested to do so by the Secretary. "(C) An owner of a vessel engaged in a fishery Usted under paragraph (1)(A)(i) or (ii) who— "(i) fails to obtain from the Secretary an authorization for such vessel under this section; "(ii) fails to maintain a current and vaUd authorization for such vessel; or "(iii) faUs to ensure that a decal or other physical evidence of such authorization issued by the Secretary is displayed on or is in possession of the master of the vessel, and the master of any such vessel engaged in such fishery, shall be deemed to have violated this title, and for violations of clauses (i) and (ii) shall be subject to the penalties of this title, and for violations of clause (iii) shall be subject to a fine of not more than $100 for each offense. "(D) If the owner of a vessel has obtained and maintains a current and vaUd authorization from the Secretary under this section and meets the requirements set forth in this section, including compliance with any regulations to implement a take reduction plan under this section, the owner of such vessel, and the master and crew members of the vessel, shall not be subject to the penalties set forth in this title for the incidental taking of marine mammals

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