Page:United States Statutes at Large Volume 86.djvu/1074

 1032

PUBLIC LAW 92-522-OCT. 21, 1972

[86 STAT.

PROHIBITIONS

SEC. 102. (a) Except as provided in sections 101, 103, 104, 111, and 113 of this title, it is unlawful— (1) for any person subject to the jurisdiction of the United States or any vessel or other conveyance subject to the jurisdiction of the United States to take any marine mammal on the hig:h seas; (2) except as expressly provided for by an international treaty, convention, or agreement to which the United States is a party ^^^, and which was entered into before the effective date of this title or '^^ by any statute implementing any such treaty, convention, or agreement— (A) for any person or vessel or other conveyance to take any marine mammal in waters or on lands under the juris•'. •. diction of the United States; or •' ' • ^ (B) for any person to use any port, harbor, or other place under the jurisdiction of the United States for any purpose in • ' any way connected with the taking or importation of marine ^, mammals or marine mammal products; and (3) for any person, with respect to any marine mammal taken j^.- in violation of this title— .,,. ^ (A) to possess any such mammal; or «»/iiiij; (B) to transport, sell, or offer for sale any such mammal or any marine mammal product made from any such mammal; and (4) for any person to use, in a commercial fishery^ 'any means or methods of fishing in contravention of any regulations or limitations, issued by the Secretary for that fishery to achieve the purposes of this Act. (b) Except pursuant to a permit for scientific research issued under , section 104(c) of this title, it is unlawful to import into the United States any marine mammal if such mammal was— (1) pregnant at the time of taking; (2) nursing at the time of taking, or less than eight months old, ., J whichever occurs later; (3) taken from a species or population stock which the Secretary has, by regulation published in the Federal Register, designated as a depleted species or stock or which has been listed as endangered under the Endangered Species Conservation Act of 80 Stat. 926; 1969; or ^^e'usc ^688aa ^'^) ^akeu in a manner deemed inhumane by the Secretary, note. (c) Tt is unlawful to import into the United States any of the following: .., (1) Any marine mammal which was— (A) taken in violation of this title; or (B) taken in another country in violation of the law of that country. (2) Any marine mammal product if— (A) the importation into the United States of the marine v-r*; mammal from which such product is made is unlawful under paragraph (1) of this subsection; or (B) the sale in commerce of such product in the country of origin.of the product is illegal; (3) Any fish, whether fresh, frozen, or otherwise prepared, if such fish was caught in a manner which the Secretary has proscribed for persons subject to the jurisdiction of the United States, whether or not any marine mammals were in fact taken incident to the catching of the fish. Nonappiica((J) Subsectious (b) and (c) of this section shall not apply— ^^^^^^(1) in the case of marine mammals or marine mammal prod-

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