Page:United States Statutes at Large Volume 95.djvu/1008

 95 STAT. 982

PUBLIC LAW 97-58—OCT. 9, 1981 (b) PENALTIES.—Section 105(a) of the Act of 1972 (16 U.S.C. 1375(a)) is amended by inserting "(1)" immediately after "(a)" and by inserting at the end thereof the following new paragraph: '(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry.". SEC. 4. STATE MANAGEMENT. (a) TRANSFER OF MANAGEMENT AUTHORITY.—Section 109 of the Act

of 1972 (16 U.S.C. 1379) is amended— (1) by redesignating subsections (c) and (d) as subsections (k) and (1), respectively; and (2) by striking out subsections (a) and (b) and inserting in lieu thereof the following: "SEC. 109. (a) No State may enforce, or attempt to enforce, any State law or regulation relating to the taking of any species (which term for purposes of this section includes any population stock) of marine mammal within the State unless the Secretary has transferred authority for the conservation and management of that species (hereinafter referred to in this section as 'management authority') to the State under subsection (b)(1). State "(b)(1) Subject to paragraph (2) and subsection (f), the Secretary conservation and shall transfer management authority for a species of marine wn^fm™^" mammal to a State if the Secretary finds, after notice and opportuprograms. nity for public comment, that the State has developed and will implement a program for the conservation and management of the species that— "(A) is consistent with the purposes, policies, and goals of this Act and with international treaty obligations; "(B) requires that all taking of the species be humane; "(C) does not permit the taking of the species unless and until— "(i) the State has determined, under a process consistent with the standards set forth in subsection (c)— "(I) that the species is at its optimum sustainable population (hereinafter in this section referred to as 'OSP'), and "(II) the maximum number of animals of that species that may be taken without reducing the species below its OSP, and "(ii) the determination required under clause (i) is final and implemented under State law, and, if a cooperative allocation agreement for the species is required under subsection (d)(1), such an agreement is implemented; "(D) does not permit the taking of a number of animals of the species that exceeds the maximum number determined pursuant to subparagraph (C)(i)(II), and, in the case of taking for subsistence uses (as defined in subsection (f)(2)), does not permit the taking of a number of animals that would be inconsistent with the maintenance of the species at its OSP; "(E) does not permit the taking of the species for scientific research and public display purposes, except for taking for such purposes that is undertaken by, or on behalf of, the State;

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