Page:United States Statutes at Large Volume 95.djvu/1005

 PUBLIC LAW 97-58—OCT. 9, 1981

95 STAT. 979

Public Law 97-58 97th Congress An Act To improve the operation of the Marine Mammal Protection Act of 1972, and for other purposes.

Oct. 9, 1981 [H.R. 4084]

Be it enacted by the Senate and House of Representatives of the Marine Mammal United States of America in Congress assembled, Protection Act of

1972, SECTION 1. OPTIMUM SUSTAINABLE POPULATION. amendment. (a) BASIC AMENDMENT.—Paragraph (8) of section 3 of the Marine

Mammal Protection Act of 1972 (16 U.S.C. 1362(8)) (which Act shall hereafter in this Act be referred to as the "Act of 1972") is repealed. (b) CONFORMING AMENDMENTS.—(1) Section 2(6) of the Act of 1972 (16 U.S.C. 1361(6)) is amended by striking out "optimum carrying capacity" and inserting in lieu thereof "carrying capacity". (2) Section 3 of the Act of 1972 (16 U.S.C. 1362) is further amended— (A) by amending paragraph (1) to read as follows: "(1) The term 'depletion' or 'depleted' means any case in which— "Depletion" or "(A) the Secretary, after consultation with the Marine "depleted." Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under title II of this Act, 16 USC 1401. determines that a species or population stock is below its optimum sustainable population; "(B) a State, to which authority for the conservation and management of a species or population stock is transferred under section 109, determines that such species or stock is below its Post, p. 982. optimum sustainable population; or "(C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species 16 USC 1531 Act of 1973."; (B) by striking out "the optimum carrying capacity of their note. habitat" in paragraph (2) and inserting in lieu thereof "their optimum sustainable population"; (C) by redesignating paragraphs (9) through (15) as paragraphs (8) through (14), respectively; (D) by striking out "optimum carrying capacity" in paragraph (8) (as so redesignated) and inserting in lieu thereof "carrying capacity"; and (E) by amending paragraph (13) (as so redesignated) to read as follows: "(13) The term 'United States' includes the several States, the "United States." District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, American Samoa, Guam, and Northern Mariana Islands.". SEC. 2. MORATORIUM ON TAKING AND IMPORTING MARINE MAMMALS.

Section 101 of the Act of 1972 (16 U.S.C. 1371) is amended— (1) by amending subsection (a)— (A) by striking out the first four sentences of paragraph (2) and inserting in lieu thereof the following: "(2) Marine mammals may be taken incidentally in the course of com-

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