117 STAT. 1434
PUBLIC LAW 108–136—NOV. 24, 2003 (b)
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VerDate 11-MAY-2000
10:15 Aug 27, 2004
EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE.—Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is amended by inserting after subsection (e) the following: ‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE.—(1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may exempt any action or category of actions undertaken by the Department of Defense or its components from compliance with any requirement of this Act, if the Secretary determines that it is necessary for national defense. ‘‘(2) An exemption granted under this subsection— ‘‘(A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of Defense; and ‘‘(B) shall not be effective for more than 2 years. ‘‘(3)(A) The Secretary of Defense may issue additional exemptions under this subsection for the same action or category of actions, after— ‘‘(i) conferring with the Secretary of Commerce, the Secretary of the Interior, or both as appropriate; and ‘‘(ii) making a new determination that the additional exemption is necessary for national defense. ‘‘(B) Each additional exemption under this paragraph shall be effective for a period specified by the Secretary of Defense, of not more than 2 years. ‘‘(4) Not later than 30 days after issuing an exemption under paragraph (1) or an additional exemption under paragraph (3), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate notice describing the exemption and the reasons therefor. The notice may be provided in classified form if the Secretary of Defense determines that use of the classified form is necessary for reasons of national security.’’. (c) INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS ACTIVITIES.—Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended— (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) and subclauses (I) and (II) as subclauses (I) and (II) and items (aa) and (bb), respectively; (B) by inserting ‘‘(i)’’ after ‘‘(5)(A)’’; and (C) by adding at the end the following new clauses: ‘‘(ii) For a military readiness activity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), a determination of ‘least practicable adverse impact on such species or stock’ under clause (i)(II)(aa) shall include consideration of personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. Before making the required determination, the Secretary shall consult with the Department of Defense regarding personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. ‘‘(iii) Notwithstanding clause (i), for any authorization affecting a military readiness activity (as defined in section 315(f) of Public Law 107–314; 16 U.S.C. 703 note), the Secretary shall publish the notice required by such clause only in the Federal Register.’’;
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