§1373 Regulations on taking of marine mammals

Summary

Make rules to control taking and importing each marine mammal species and population. The Secretary must use the best science and work with the Marine Mammal Commission. The rules must not harm those species or their groups and must match the law’s goals. When making rules, the Secretary must think about how they will affect population levels now and in the future, U.S. treaty duties, the marine ecosystem and environment, fishery conservation and use, and whether the rules are workable and affordable. Rules can limit how many animals are taken or imported each year (by permit), and can set limits on age, size, or sex, seasons or times, places and methods, and fishing methods that cause too many deaths. Rules must be made on the record after a chance for an agency hearing when a moratorium is waived and when the rules are set. Before or when announcing the rules, the Secretary must publish the current population estimates, the expected effect on sustainable population size, the evidence behind the rules, and any related studies or recommendations. The rules must be reviewed regularly and can be changed as needed. Within six months after the law took effect and every 12 months after that, the Secretary must report to the public and Congress in the Federal Register on the status of all covered marine mammal species and stocks, and say what actions have been taken or are needed, including permits.