Page:United States Statutes at Large Volume 95.djvu/1012

 95 STAT. 986 Definitions.

42 USC 4332. 16 USC 1382.

16 USC 1871. Grants.

16 USC 1379

note.

PUBLIC LAW 97-58—OCT. 9, 1981 "(2) For purposes of paragraph (1), the term 'subsistence uses' means the customary and traditional uses by rural Alaska residents of marine mammals for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of marine mammals taken for personal or family consumption; and for barter, or sharing for personal or family consumption. As used in this paragraph— "(A) The term 'family' means all persons related by blood, marriage, or adoption, or any person living within a household on a permanent basis. "(B) The term 'barter' means the exchange of marine mammals or their parts, taken for subsistence uses— "(i) for other wildlife or fish or their parts, or "(ii) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature. "(g) Neither the transfer of management authority to a State under subsection (b)(1), nor the revocation or voluntary return of such authority under subsection (e), shall be deemed to be an action for which an environmental impact statement is required under section 102 of the National Environmental Policy Act of 1969. "(h) Nothing in this title shall prevent a Federal, State, or local government official or employee or a person designated under section 112(c) from taking, in the course of his duties as an official, employee, or designee, a marine mammal in a humane manner (including euthanasia) if such taking is for— "(1) the protection or welfare of the mammal, "(2) the protection of the public health and welfare, or "(3) the nonlethal removal of nuisance animals, and, in any case in which the return of the mammal to its natural habitat is feasible, includes steps designed to achieve that result, "(i) The Secretary may (after providing notice thereof in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the affected area and providing opportunity for a hearing thereon in such area) prescribe regulations requiring the marking, tagging, and reporting of animals taken pursuant to section 101(b). "(j) The Secretary may make grants to States to assist them— "(1) in developing programs, to be submitted for approval under subsection (b), for the conservation and management of species of marine mammals; and "(2) in administering such programs if management authority for such species is transferred to the State under such subsection. Grants made under this subsection may not exceed 50 per centum of the costs of developing a State program before Secretarial approval, or of administering the program thereafter.". (b) No EFFECT ON CERTAIN COOPERATIVE AGREEMENTS.—Nothing in

the amendments made by subsection (a) shall be construed as affecting in any manner, or to any extent, any cooperative agreement entered into by a State under section 6(c) of the Endangered Species Act of 1973 (16 U.S.C. 1535(c)) before, on, or after the date of the enactment of this Act. SEC. 5. MARINE MAMMAL RESEARCH.

Section 110(a) of the Act of 1972 (16 U.S.C. 1380(a)) is amended by adding at the end thereof the following new sentences: "In carrying out this subsection, the Secretary shall undertake a program of, and shall provide financial assistance for, research into new methods of

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