Page:United States Statutes at Large Volume 86.djvu/1077

 86 STAT. ]

PUBLIC LAW 92-522-OCT. 21, 1972

1035

care, and transj^ortation which must be observed pursuant to and after such taking or importation. Any person authorized to take or import Repo'ta marine mammal for purposes of dispLay or scientific research shall furnish to the Secretary a report on all activities carried out by him pursuant to that authority. (d)(1) The Secretary shall prescribe such procedures as iwa neces- Application sary to carry out this section, including the form and manner in which P'"°'=^'^"'"^^application for permits may be made. (2) The Secretary shall publish notice in the Federal Register of Notice, pubiieacli application made for a permit under this section. Such notice erii°Re'gister. shall invite the submission from interested parties, within thirty days after the date of the notice, of written data or views, with respect to the taking or importation proposed in such application, (3) The applicant for any permit under this section must demonstrate to the Secretary that the taking or importation of any marine mammal under such permit will be consistent with the purposes of this Act and the applicable regulations established under section 103 >^ " of this title. (4) If within thirty days after the date of publication of notice Hearing, pursuant to paragraph (2) of this subsection with respect to any application for a permit any interested party or parties request a hearing in connection therewithj the Secretary may, within sixty days following such date of publication, afford to such party or parties an opportunity for such a hearing. (5) As soon as practicable (but not later than thirty days) after the close of the hearing or, if no hearing is held, after the last day on which data, or views, may be submitted pursuant to paragraph (2) of this subsection, the Secretary shall (A) issue a permit containing such terms and conditions as he deems appropriate, or (B) shall deny issuance of a permit. Notice of the decision of the Secretary to issue or Publication in to deny any permit under this paragraph must be published in the ^^^^^ agister. Federal Register within ten days after the date of issuance or denial. (6) Any applicant for a permit, or any party opposed to such Judicial permit, may obtain judicial review of the terms and conditions of any permit issued by the Secretary under this section or of his refusal to issue such a permit. Such review, which shall be pursuant to chapter 7 of title 5, United States Code, may be initiated by filing a petition s'us'c'yof ^" for review in the United States district court for the district wherein the applicant for a permit resides, or has his principal place of business, or in the United States District Court for the District of Columbia, within sixty days after the date on which such permit is issued or denied. Modification (e)(1) The Secretary may modify, suspend, or revoke in whole or authority. part any permit issued by him under this section— (A) in order to make any such permit consistent with any change made after the date of issuance of such permit with respect to any applicable regulation prescribed under section 103 of this title, or (B) in any case in which a violation of the terms and conditions of the permit is found, (2) Whenever the Secretary shall propose any modification, suspen- " ^ ^ " " B sion, or revocation of a permit under this subsection, the permittee shall be afforded opportunity, after due notice, for a hearing by the Secretary with respect to such proposed modification, suspension, or revocation. Such proposed action by the Secretary shall not take effect until a decision is issued by him after such hearing. Any action taken Judicial by the Secretary after such a hearing is subject to judicial review on the same basis as is any action taken by him with respect to a permit

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