Page:United States Statutes at Large Volume 95.djvu/1006

 95 STAT. 980 16 USC 1374. 16 USC 1373.

16 USC 1531 note.

Notice, publication in Federal Register.

Post, p. 982.

PUBLIC LAW 97-58—OCT. 9, 1981 mercial fishing operations and permits may be issued therefor under section 104 subject to regulations prescribed by the Secretary in accordance with section 103. In any event it shall be the immediate goal that the incidental kill or incidental serious injuiy of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate; provided that this goal shall be satisfied in the case of the incidental taking of marine mammals in the course of purse seine fishing for yellowfin tuna by a continuation of the application of the best marine mammal safety techniques and equipment that are economically and technologically practicable.", (B) by striking out "is classified as belonging to an endangered species or threatened species pursuant to the Endangered Species Act of 1973 or" in paragraph (3)(B), and (C) by adding at the end thereof the following new paragraphs: "(4)(A) During any period of five consecutive years, the Secretary shall allow the incidental, but not the intentional, taking, by citizens of the United States while engaging in commercial fishing operations, of small numbers of marine mammals of a species or population stock that is not depleted if the Secretary, after notice and opportunity for public comment— "(i) finds that the total of such taking during such five-year period will have a negligible impact on such species or stock; and "(ii) provides guidelines pertaining to the establishment of a cooperative system among the fishermen involved for the monitoring of such taking. "(B) The Secretary shall withdraw, or suspend for a time certain, the permission to take marine mammals under subparagraph (A) if the Secretary finds, after notice and opportunity for public comment, that— "(i) the taking allowed under subparagraph (A) is having more than a negligible impact on the species or stock concerned; or "(ii) the policies, purposes and goals of this Act would be better served through the application of this title without regard to this subsection. Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this paragraph. "(5)(A) Upon request therefor by citizens of the United States who engage in a specified activity (other than commercial fishing) within a specified geographical region, the Secretary shall allow, during periods of not more than five consecutive years each, the incidental, but not intentional, taking by citizens while engaging in that activity within that region of small numbers of marine mammals of a species or population stock that is not depleted if the Secretary, after notice (in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the coastal areas that may be affected by such activity) and opportunity for public comment— "(i) finds that the total of such taking during each five-year (or less) period concerned will have a negligible impact on such species or stock and its habitat, and on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) or section 109(f); and "(ii) prescribes regulations setting forth— (I) permissible methods of taking pursuant to such activity, and other means of effecting the least practicable

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