Page:United States Statutes at Large Volume 86.djvu/1076

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Regulatory statements and studies, publication.

Review.

Report to Congress; publication in Federal Register.

PUBLIC LAW 92-522-OCT. 21, 1972

[86 STAT.

mination to waive the moratorium pursuant to section 101(a)(3)(A) of this title and on such regulations, except that, in addition to any other requirements imposed by law with respect to agency rulemaking, the Secretary shall publish and make available to the public either before or concurrent with the publication of notice in the Federal Register of his intention to prescribe regulations under this section— (1) a statement of the estimated existing levels of the species and population stocks of the marine mammal concerned; (2) a statement of the expected impact of the proposed regulations on the optimum sustainable population of such species or population stock; (3) a statement describing the evidence before the Secretary upon which he proposes to base such regulations; and (4) any studies made by or for the Secretary or any recommendations made by or for the Secretary or the Marine Mammal Commission which relate to the establishment of such regulations. (e) Any regulation prescribed pursuant to this section shall be periodically reviewed, and may be modified from time to time in such manner as the Secretary deems consistent with and necessary to carry out the purposes of this Act. (f) Within six months after the effective date of this Act and every twelve months thereafter, the Secretary shall report to the public through publication in the Federal Register and to the Congress on the current status of all marine mammal species and population stocks subject to the provisions of this Act. His report shall describe those actions taken and those measures believed necessary, including where appropriate, the issuance of permits pursuant to this title to assure the well-being of such marine mammals. PERMITS

Importation for display or research.

SEC. 104. (a) The Secretary may issue permits which authorize the taking or importation of any marine mammal. (b) Any permit issued under this section shall— (1) be consistent with any applicable regulation established by the Secretary vmder section 103 of this title, and (2) specify— {•' (A) the number and kind of animals which are authorized to be taken or imported, fi+'!.'. (B) the location and manner (which manner must be determined by the Secretary to be humane) in which they may be taken, or from which they may be imported, (C) the period during which the permit is valid, and (D) any other terms or conditions which the Secretary deems appropriate. I n any case in which an application for a permit cites as a reason for the proposed taking the overpopulation of a particular species or population stock, the Secretary shall first consider whether or not it would be more desirable to transplant a number of animals (but not to exceed the number requested for taking in the application) of that species or stock to a location not then inhabited by such species or stock but previously inhabited by such species or stock. (c) Any permit issued by the Secretary which authorizes the taking or importation of a marine mammal for purposes of display or scientific research shall specify, in addition to the conditions required by subsection (b) of this section, the methods of capture, supervision,

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