86 STAT. ]
PUBLIC LAW 92-522-OCT. 21, 1972
nets, as the case may be, to which subsection (b)(3) of this section applies, to such items imported into the United States before the date on which the Secretary publishes notice in the Federal Ee^ister of his proposed rulemaking with respect to the desi<?nation of the species or stock concerned as depleted or endangered; or (2) in the case of marine mammals or marine mammal products to which subsection (c)(1)(B) or (c)(2)(B) of this section applies, to articles imported into the United States before the effective date of the foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful, (e) This Act shall not apply with respect to any marine mammal taken before the effective date of this Act, or to any marine mammal product consisting of, or composed in whole or in part of, any marine mammal taken before such date. REGULATIONS ON T A K I N G OF M A R I N E M A M M A L S
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SEC. 103. (a) The Secretary, on the basis of the best scientific evidence available and in consultation with the Marine Mammal Commission, shall prescribe such regulations with respect to the taking and importing of animals from each species of marine mammal (including regulations on the taking and importing of individuals within population stocks) as he deems necessary and appropriate to insure that such taking will not be to the disadvantage of those species and population stocks and will be consistent with the purposes and policies set forth in section 2 of this Act. (b) I n prescribing such regulations, the Secretary shall give full consideration to all factors which may affect the extent to which such animals may be taken or imported, including but not limited to the effect of such regulations on— (1) existing and future levels of marine mammal species and population stocks; (2) existing international treaty and agreement obligations of the United States; (3) the marine ecosystem and related environmental considerations; (4) the conservation, development, and utilization of fishery resources; and (5) the economic and technological feasibility of implementation. (c) The regulations prescribed under subsection (a) of this section for any species or population stock of marine mammal may include, but are not limited to, restrictions with respect to— (1) the number of animals which may be taken or imported in any calendar year pursuant to permits issued under section 104 of this title; (2) the age, size, or sex (or any combination of the foregoing) of animals which may be taken or imported, whether or not a quota prescribed under paragraph (1) of this subsection applies with respect to such animals; (3) the season or other period of time within which animals may be taken or imported; (4) the manner and locations in which animals may be taken or imported; and (5) fishing techniques which have been found to cause undue fatalities to any species of marine mammal in a fishery. (d) Regulations prescribed to carry out this section with respect to Moratorium any species or stock of marine mammals must be made on the record '^^^ hearing. after opportunity for an agency hearing on both the Secretary's deter-
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