Page:United States Statutes at Large Volume 95.djvu/1007

 PUBLIC LAW 97-58—OCT. 9, 1981 adverse impact on such species or stock and its habitat, pa3ring particular attention to rookeries, mating grounds, and areas of similar significance; and "(ID requirements pertaining to the monitoring and reporting of such taking. "(B) The Secretary shall withdraw, or suspend for a time certain (either on an individual or class basis, as appropriate) the permission to take marine mammals under subparagraph (A) pursuant to a specified activity within a specified geographical region if the Secretary finds, after notice and opportunity for public comment (as required under subparagraph (A) unless subparagraph (C)(i) applies), that— "(i) the regulations prescribed under subparagraph (A) regarding methods of taking, monitoring, or reporting are not being substantially complied with by a person engaging in such activity; or "(ii) the taking allowed under subparagraph (A) pursuant to one or more activities within one or more regions is having, or may have, more than a negligible impact on the species or stock concerned. "(C)(i) The requirement for notice and opportunity for public comment in subparagraph (B) shall not apply in the case of a suspension of permission to take if the Secretary determines that an emergency exists which poses a significant risk to the well-being of the species or stock concerned. "(ii) Sections 103 and 104 shall not apply to the taking of marine mammals under the authority of this paragraph."; and (2) by amending subsection (b)— (A) by amending the matter preceding paragraph (1) to read as follows: Except as provided in section 109, the provisions of this Act shall not apply with respect to the taking of any marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean if such taking—", and (B) by amending paragraph (1) to read as follows: "(1) is for subsistence purposes; or".

95 STAT. 981

Emergency situation.

je use 1373, ^^"^ Post, p. 982.

SEC. 3. PROHIBITIONS AND PENALTIES.

(a) PROHIBITIONS.—(1) Section 102(a) of the Act of 1972 (16 U.S.C. 1372(a)) is amended— (A) by inserting "109," immediately after "104," in the matter preceding paragraph (1); (B) by redesignating paragraph (4) as paragraph (5); and (C) by striking out paragraph (3) and inserting in lieu thereof the following: "(3) for any person, with respect to any marine mammal taken in violation of this title, to possess that mammal or any product from that mammal; "(4) for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product; and". (2) Section 102(b)(3) of such Act is amended by striking out "or which has been listed as an endangered species or threatened species pursuant to the Endangered Species Act of 1973". 16 USC I53i (3) Section 102(d)(1) of such Act is amended by striking out "or "^^'^ endangered".

�