---
kind: "section"
citation: "16 U.S.C. § 1374"
title: "16"
title_heading: "Conservation"
number: "1374"
heading: "Permits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1374"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter II — Conservation and Protection of Marine Mammals"
---

# §1374. Permits

- (a) **Issuance—** The [Secretary](/usc/16/1362.md?p=12-A) may issue permits which authorize the [taking](/usc/16/3102.md?p=18) or importation of any [marine mammal](/usc/16/1362.md?p=6). Permits for the incidental [taking](/usc/16/3102.md?p=18) of [marine mammals](/usc/16/1362.md?p=6) in the course of commercial fishing operations may only be issued as specifically provided for in sections[^1] 1371(a)(5) or [1416](/usc/16/1416.md) of this title, or [subsection (h)](#h) of this section.
- (b) **Requisite provisions—** Any permit issued under this section shall—
  - (1) be consistent with any applicable regulation established by the [Secretary](/usc/16/1362.md?p=12-A) under [section 1373 of this title](/usc/16/1373.md), and
  - (2) specify—
    - (A) the number and kind of animals which are authorized to be taken or imported,
    - (B) the location and manner (which manner must be determined by the [Secretary](/usc/16/1362.md?p=12-A) to be [humane](/usc/16/1362.md?p=4)) in which they may be taken, or from which they may be imported,
    - (C) the period during which the permit is valid, and
    - (D) any other terms or conditions which the [Secretary](/usc/16/1362.md?p=12-A) deems appropriate.

  In any case in which an application for a permit cites as a reason for the proposed [taking](/usc/16/3102.md?p=18) the overpopulation of a particular species or [population stock](/usc/16/1362.md?p=11), the [Secretary](/usc/16/1362.md?p=12-A) shall first consider whether or not it would be more desirable to transplant a number of animals (but not to exceed the number requested for [taking](/usc/16/3102.md?p=18) in the application) of that species or [stock](/usc/16/1362.md?p=11) to a location not then inhabited by such species or [stock](/usc/16/1362.md?p=11) but previously inhabited by such species or [stock](/usc/16/1362.md?p=11).

- (c) **Importation for scientific research, public display, or enhancing survival or recovery of species or stock—**
  - (1) Any permit issued by the [Secretary](/usc/16/1362.md?p=12-A) which authorizes the [taking](/usc/16/3102.md?p=18) or importation of a [marine mammal](/usc/16/1362.md?p=6) for purposes of scientific research, public display, or enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11) shall specify, in [addition](/usc/16/410r–5.md?p=c-2) to the conditions required by [subsection (b)](#b) of this section, the methods of capture, supervision, care, and transportation which must be observed pursuant to such [taking](/usc/16/3102.md?p=18) or importation. Any [person](/usc/16/1362.md?p=10) authorized to [take](/usc/16/1362.md?p=13) or import a [marine mammal](/usc/16/1362.md?p=6) for purposes of scientific research, public display, or enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11) shall furnish to the [Secretary](/usc/16/1362.md?p=12-A) a report on all activities carried out by him pursuant to that authority.
  - (2)
    - (A) A permit may be issued to [take](/usc/16/1362.md?p=13) or import a [marine mammal](/usc/16/1362.md?p=6) for the purpose of public display only to a [person](/usc/16/1362.md?p=10) which the [Secretary](/usc/16/1362.md?p=12-A) determines—
      - (i) offers a program for education or [conservation](/usc/16/1362.md?p=2) purposes that is based on professionally recognized standards of the public display community;
      - (ii) is registered or holds a license issued under [7 U.S.C. 2131](/usc/7/2131.md) et seq.; and
      - (iii) maintains facilities for the public display of [marine mammals](/usc/16/1362.md?p=6) that are open to the public on a regularly scheduled basis and that access to such facilities is not limited or restricted other than by charging of an admission fee.
    - (B) A permit under this paragraph shall grant to the [person](/usc/16/1362.md?p=10) to which it is issued the right, without obtaining any additional permit or authorization under this chapter, to—
      - (i) [take](/usc/16/1362.md?p=13), import, purchase, offer to purchase, possess, or transport the [marine mammal](/usc/16/1362.md?p=6) that is the subject of the permit; and
      - (ii) sell, export, or otherwise transfer possession of the [marine mammal](/usc/16/1362.md?p=6), or offer to sell, export, or otherwise transfer possession of the [marine mammal](/usc/16/1362.md?p=6)—
        - (I) for the purpose of public display, to a [person](/usc/16/1362.md?p=10) that meets the requirements of clauses [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), and [(iii)](#c-2-A-iii) of subparagraph (A);
        - (II) for the purpose of scientific research, to a [person](/usc/16/1362.md?p=10) that meets the requirements of [paragraph (3)](#c-3); or
        - (III) for the purpose of enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11), to a [person](/usc/16/1362.md?p=10) that meets the requirements of [paragraph (4)](#c-4).
    - (C) A [person](/usc/16/1362.md?p=10) to which a [marine mammal](/usc/16/1362.md?p=6) is sold or exported or to which possession of a [marine mammal](/usc/16/1362.md?p=6) is otherwise transferred under the authority of [subparagraph (B)](#c-2-B) shall have the rights and responsibilities described in [subparagraph (B)](#c-2-B) with respect to the [marine mammal](/usc/16/1362.md?p=6) without obtaining any additional permit or authorization under this chapter. Such responsibilities shall be limited to—
      - (i) for the purpose of public display, the responsibility to meet the requirements of clauses [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), and [(iii)](#c-2-A-iii) of subparagraph (A),
      - (ii) for the purpose of scientific research, the responsibility to meet the requirements of [paragraph (3)](#c-3), and
      - (iii) for the purpose of enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11), the responsibility to meet the requirements of [paragraph (4)](#c-4).
    - (D) If the [Secretary](/usc/16/1362.md?p=12-A)—
      - (i) finds in concurrence with the [Secretary](/usc/16/1362.md?p=12-A) of Agriculture, that a [person](/usc/16/1362.md?p=10) that holds a permit under this paragraph for a [marine mammal](/usc/16/1362.md?p=6), or a [person](/usc/16/1362.md?p=10) exercising rights under [subparagraph (C)](#c-2-C), no longer meets the requirements of [subparagraph (A)(ii)](#c-2-A-ii) and is not reasonably likely to meet those requirements in the near future, or
      - (ii) finds that a [person](/usc/16/1362.md?p=10) that holds a permit under this paragraph for a [marine mammal](/usc/16/1362.md?p=6), or a [person](/usc/16/1362.md?p=10) exercising rights under [subparagraph (C)](#c-2-C), no longer meets the requirements of subparagraph [(A)(i)](#c-2-A-i) or (iii) and is not reasonably likely to meet those requirements in the near future,

      the [Secretary](/usc/16/1362.md?p=12-A) may revoke the permit in accordance with [subsection (e)](#e), seize the [marine mammal](/usc/16/1362.md?p=6), or cooperate with other [persons](/usc/16/1362.md?p=10) authorized to hold [marine mammals](/usc/16/1362.md?p=6) under this chapter for disposition of the [marine mammal](/usc/16/1362.md?p=6). The [Secretary](/usc/16/1362.md?p=12-A) may recover from the [person](/usc/16/1362.md?p=10) expenses incurred by the [Secretary](/usc/16/1362.md?p=12-A) for that seizure.

    - (E) No [marine mammal](/usc/16/1362.md?p=6) held pursuant to a permit issued under [subparagraph (A)](#c-2-A), or by a [person](/usc/16/1362.md?p=10) exercising rights under [subparagraph (C)](#c-2-C), may be sold, purchased, exported, or transported unless the [Secretary](/usc/16/1362.md?p=12-A) is notified of such action no later than 15 days before such action, and such action is for purposes of public display, scientific research, or enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11). The [Secretary](/usc/16/1362.md?p=12-A) may only require the notification to include the information required for the inventory established under [paragraph (10)](#c-10).
  - (3)
    - (A) The [Secretary](/usc/16/1362.md?p=12-A) may issue a permit under this paragraph for scientific research purposes to an applicant which submits with its permit application information indicating that the [taking](/usc/16/3102.md?p=18) is required to further a bona fide scientific purpose. The [Secretary](/usc/16/1362.md?p=12-A) may issue a permit under this paragraph before the end of the public review and comment period required under [subsection (d)(2)](#d-2) if delaying issuance of the permit could result in injury to a species, [stock](/usc/16/1362.md?p=11), or individual, or in loss of unique research opportunities.
    - (B) No permit issued for purposes of scientific research shall authorize the lethal [taking](/usc/16/3102.md?p=18) of a [marine mammal](/usc/16/1362.md?p=6) unless the applicant demonstrates that a nonlethal method of conducting the research is not feasible. The [Secretary](/usc/16/1362.md?p=12-A) shall not issue a permit for research which involves the lethal [taking](/usc/16/3102.md?p=18) of a [marine mammal](/usc/16/1362.md?p=6) from a species or [stock](/usc/16/1362.md?p=11) that is [depleted](/usc/16/1362.md?p=1), unless the [Secretary](/usc/16/1362.md?p=12-A) determines that the results of such research will directly benefit that species or [stock](/usc/16/1362.md?p=11), or that such research fulfills a critically important research need.
    - (C) Not later than 120 days after April 30, 1994, the [Secretary](/usc/16/1362.md?p=12-A) shall issue a general authorization and implementing regulations allowing bona fide scientific research that may result only in [taking](/usc/16/3102.md?p=18) by [Level B harassment](/usc/16/1362.md?p=18-D) of a [marine mammal](/usc/16/1362.md?p=6). Such authorization shall apply to [persons](/usc/16/1362.md?p=10) which submit, by 60 days before commencement of such research, a letter of intent via certified mail to the [Secretary](/usc/16/1362.md?p=12-A) containing the following:
      - (i) The species or [stocks](/usc/16/1362.md?p=11) of [marine mammals](/usc/16/1362.md?p=6) which may be harassed.
      - (ii) The geographic location of the research.
      - (iii) The period of time over which the research will be conducted.
      - (iv) The purpose of the research, including a description of how the definition of [bona fide research](/usc/16/1362.md?p=22) as established under this chapter would apply.
      - (v) Methods to be used to conduct the research.

      Not later than 30 days after receipt of a letter of intent to conduct scientific research under the general authorization, the [Secretary](/usc/16/1362.md?p=12-A) shall issue a letter to the applicant confirming that the general authorization applies, or, if the proposed research is likely to result in the [taking](/usc/16/3102.md?p=18) (including [Level A harassment](/usc/16/1362.md?p=18-C)) of a [marine mammal](/usc/16/1362.md?p=6), shall notify the applicant that [subparagraph (A)](#c-3-A) applies.

  - (4)
    - (A) A permit may be issued for enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11) only with respect to a species or [stock](/usc/16/1362.md?p=11) for which the [Secretary](/usc/16/1362.md?p=12-A), after consultation with the [Marine Mammal](/usc/16/1362.md?p=6) [Commission](/usc/16/544.md?p=c) and after notice and opportunity for public comment, has first determined that—
      - (i) [taking](/usc/16/3102.md?p=18) or importation is likely to contribute significantly to maintaining or increasing distribution or numbers necessary to ensure the survival or recovery of the species or [stock](/usc/16/1362.md?p=11); and
      - (ii) [taking](/usc/16/3102.md?p=18) or importation is consistent (I) with any [conservation](/usc/16/1362.md?p=2) plan adopted by the [Secretary](/usc/16/1362.md?p=12-A) under [section 1383b(b) of this title](/usc/16/1383b.md?p=b) or any recovery plan developed under [section 1533(f) of this title](/usc/16/1533.md?p=f) for the species or [stock](/usc/16/1362.md?p=11), or (II) if there is no [conservation](/usc/16/1362.md?p=2) or recovery plan in place, with the [Secretary](/usc/16/1362.md?p=12-A)’s evaluation of the actions required to enhance the survival or recovery of the species or [stock](/usc/16/1362.md?p=11) in light of the factors that would be addressed in a [conservation](/usc/16/1362.md?p=2) plan or a recovery plan.
    - (B) A permit issued in accordance with this paragraph may allow the captive maintenance of a [marine mammal](/usc/16/1362.md?p=6) from a [depleted](/usc/16/1362.md?p=1) species or [stock](/usc/16/1362.md?p=11) only if the [Secretary](/usc/16/1362.md?p=12-A)—
      - (i) determines that captive maintenance is likely to contribute to the survival or recovery of the species or [stock](/usc/16/1362.md?p=11) by maintaining a viable gene pool, increasing productivity, providing biological information, or establishing animal reserves;
      - (ii) determines that the expected benefit to the affected species or [stock](/usc/16/1362.md?p=11) outweighs the expected benefit of alternatives which do not require removal of animals from the wild; and
      - (iii) requires that the [marine mammal](/usc/16/1362.md?p=6) or its progeny be returned to the natural habitat of the species or [stock](/usc/16/1362.md?p=11) as soon as feasible, consistent with the objectives of any applicable [conservation](/usc/16/1362.md?p=2) plan or recovery plan, or of any evaluation by the [Secretary](/usc/16/1362.md?p=12-A) under [subparagraph (A)](#c-4-A).

      The [Secretary](/usc/16/1362.md?p=12-A) may allow the public display of such a [marine mammal](/usc/16/1362.md?p=6) only if the [Secretary](/usc/16/1362.md?p=12-A) determines that such display is incidental to the authorized maintenance and will not interfere with the attainment of the survival or recovery objectives.

  - (5)
    - (A) The [Secretary](/usc/16/1362.md?p=12-A) may issue a permit for the importation of polar bear parts (other than internal organs) taken in sport hunts in Canada to an applicant which submits with its permit application proof that the polar bear was legally harvested in Canada by the applicant. Such a permit shall be issued if the [Secretary](/usc/16/1362.md?p=12-A), in consultation with the [Marine Mammal](/usc/16/1362.md?p=6) [Commission](/usc/16/544.md?p=c) and after notice and opportunity for public comment, finds that—
      - (i) Canada has a monitored and enforced sport hunting program consistent with the purposes of the Agreement on the [Conservation](/usc/16/1362.md?p=2) of Polar Bears;
      - (ii) Canada has a sport hunting program based on scientifically sound quotas ensuring the maintenance of the affected [population stock](/usc/16/1362.md?p=11) at a sustainable level;
      - (iii) the export and subsequent import are consistent with the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and other international agreements and conventions; and
      - (iv) the export and subsequent import are not likely to contribute to illegal trade in bear parts.
    - (B) The [Secretary](/usc/16/1362.md?p=12-A) shall establish and charge a reasonable fee for permits issued under this paragraph. All fees collected under this paragraph shall be available to the [Secretary](/usc/16/1362.md?p=12-A) until expended for use in developing and implementing cooperative research and [management](/usc/16/1362.md?p=2) programs for the [conservation](/usc/16/1362.md?p=2) of polar bears in Alaska and Russia pursuant to [section 1383(d) of this title](/usc/16/1383.md?p=d).
    - (C)
      - (i) The [Secretary](/usc/16/1362.md?p=12-A) shall undertake a scientific review of the impact of permits issued under this paragraph on the polar bear [population stocks](/usc/16/1362.md?p=11) in Canada within 2 years after April 30, 1994. The [Secretary](/usc/16/1362.md?p=12-A) shall provide an opportunity for public comment during the course of such review, and shall include a response to such public comment in the final report on such review.
      - (ii) The [Secretary](/usc/16/1362.md?p=12-A) shall not issue permits under this paragraph after September 30, 1996, if the [Secretary](/usc/16/1362.md?p=12-A) determines, based on the scientific review, that the issuance of permits under this paragraph is having a significant adverse impact on the polar bear [population stocks](/usc/16/1362.md?p=11) in Canada. The [Secretary](/usc/16/1362.md?p=12-A) may review such determination annually thereafter, in light of the best scientific information available, and shall complete the review not later than January 31 in any year a review is undertaken. The [Secretary](/usc/16/1362.md?p=12-A) may issue permits under this paragraph whenever the [Secretary](/usc/16/1362.md?p=12-A) determines, on the basis of such annual review, that the issuance of permits under this paragraph is not having a significant adverse impact on the polar bear [population stocks](/usc/16/1362.md?p=11) in Canada.
    - (D) The [Secretary](/usc/16/1362.md?p=12-A) of the Interior shall, expeditiously after the expiration of the applicable 30 day period under [subsection (d)(2)](#d-2), issue a permit for the importation of polar bear parts (other than internal organs) from polar bears taken in sport hunts in Canada before February 18, 1997, to each applicant who submits, with the permit application, proof that the polar bear was legally harvested in Canada by the applicant. The [Secretary](/usc/16/1362.md?p=12-A) shall issue such permits without regard to the provisions of subparagraphs (A) and (C)(ii) of this paragraph, [subsection (d)(3)](#d-3) of this section, and sections [1371](/usc/16/1371.md) and [1372](/usc/16/1372.md) of this title. This subparagraph shall not apply to polar bear parts that were imported before June 12, 1997.
  - (6) A permit may be issued for photography for educational or commercial purposes involving [marine mammals](/usc/16/1362.md?p=6) in the wild only to an applicant which submits with its permit application information indicating that the [taking](/usc/16/3102.md?p=18) will be limited to [Level B harassment](/usc/16/1362.md?p=18-D), and the manner in which the products of such activities will be made available to the public.
  - (7) Upon request by a [person](/usc/16/1362.md?p=10) for a permit under paragraph [(2)](#c-2), [(3)](#c-3), or [(4)](#c-4) for a [marine mammal](/usc/16/1362.md?p=6) which is in the possession of any [person](/usc/16/1362.md?p=10) authorized to possess it under this chapter and which is determined under guidance under [section 1421a(a) of this title](/usc/16/1421a.md?p=a) not to be releasable to the wild, the [Secretary](/usc/16/1362.md?p=12-A) shall issue the permit to the [person](/usc/16/1362.md?p=10) requesting the permit if that [person](/usc/16/1362.md?p=10)—
    - (A) meets the requirements of clauses [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), and [(iii)](#c-2-A-iii) of paragraph (2)(A), in the case of a request for a permit under [paragraph (2)](#c-2);
    - (B) meets the requirements of [paragraph (3)](#c-3), in the case of a request for a permit under that paragraph; or
    - (C) meets the requirements of [paragraph (4)](#c-4), in the case of a request for a permit under that paragraph.
  - (8)
    - (A) No additional permit or authorization shall be required to possess, sell, purchase, transport, export, or offer to sell or purchase the progeny of [marine mammals](/usc/16/1362.md?p=6) taken or imported under this subsection, if such possession, sale, purchase, transport, export, or offer to sell or purchase is—
      - (i) for the purpose of public display, and by or to, respectively, a [person](/usc/16/1362.md?p=10) which meets the requirements of clauses [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), and [(iii)](#c-2-A-iii) of paragraph (2)(A);
      - (ii) for the purpose of scientific research, and by or to, respectively, a [person](/usc/16/1362.md?p=10) which meets the requirements of [paragraph (3)](#c-3); or
      - (iii) for the purpose of enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11), and by or to, respectively, a [person](/usc/16/1362.md?p=10) which meets the requirements of [paragraph (4)](#c-4).
    - (B)
      - (i) A [person](/usc/16/1362.md?p=10) which has a permit under [paragraph (2)](#c-2), or a [person](/usc/16/1362.md?p=10) exercising rights under [paragraph (2)(C)](#c-2-C), which has possession of a [marine mammal](/usc/16/1362.md?p=6) that gives birth to progeny shall—
        - (I) notify the [Secretary](/usc/16/1362.md?p=12-A) of the birth of such progeny within 30 days after the date of birth; and
        - (II) notify the [Secretary](/usc/16/1362.md?p=12-A) of the sale, purchase, or transport of such progeny no later than 15 days before such action.
      - (ii) The [Secretary](/usc/16/1362.md?p=12-A) may only require notification under [clause (i)](#c-8-B-i) to include the information required for the inventory established under [paragraph (10)](#c-10).
    - (C) Any progeny of a [marine mammal](/usc/16/1362.md?p=6) born in captivity before April 30, 1994, and held in captivity for the purpose of public display shall be treated as though born after April 30, 1994.
  - (9) No [marine mammal](/usc/16/1362.md?p=6) may be exported for the purpose of public display, scientific research, or enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11) unless the receiving facility meets standards that are comparable to the requirements that a [person](/usc/16/1362.md?p=10) must meet to receive a permit under this subsection for that purpose.
  - (10) The [Secretary](/usc/16/1362.md?p=12-A) shall establish and maintain an inventory of all [marine mammals](/usc/16/1362.md?p=6) possessed pursuant to permits issued under [paragraph (2)(A)](#c-2-A), by [persons](/usc/16/1362.md?p=10) exercising rights under [paragraph (2)(C)](#c-2-C), and all progeny of such [marine mammals](/usc/16/1362.md?p=6). The inventory shall contain, for each [marine mammal](/usc/16/1362.md?p=6), only the following information which shall be provided by a [person](/usc/16/1362.md?p=10) holding a [marine mammal](/usc/16/1362.md?p=6) under this chapter:
    - (A) The name of the [marine mammal](/usc/16/1362.md?p=6) or other identification.
    - (B) The sex of the [marine mammal](/usc/16/1362.md?p=6).
    - (C) The estimated or actual birth date of the [marine mammal](/usc/16/1362.md?p=6).
    - (D) The date of [acquisition](/usc/16/620e.md?p=1) or disposition of the [marine mammal](/usc/16/1362.md?p=6) by the permit holder.
    - (E) The source from whom the [marine mammal](/usc/16/1362.md?p=6) was acquired including the location of the [take](/usc/16/1362.md?p=13) from the wild, if applicable.
    - (F) If the [marine mammal](/usc/16/1362.md?p=6) is transferred, the name of the recipient.
    - (G) A notation if the animal was acquired as the result of a stranding.
    - (H) The date of death of the [marine mammal](/usc/16/1362.md?p=6) and the cause of death when determined.
- (d) **Application procedures; notice; hearing; review—**
  - (1) The [Secretary](/usc/16/1362.md?p=12-A) shall prescribe such procedures as are necessary to carry out this section, including the form and manner in which application for permits may be made.
  - (2) The [Secretary](/usc/16/1362.md?p=12-A) shall publish notice in the Federal Register of each application made for a permit under this section. Such notice shall invite the submission from interested parties, within thirty days after the date of the notice, of written data or views, with respect to the [taking](/usc/16/3102.md?p=18) or importation proposed in such application.
  - (3) The applicant for any permit under this section must demonstrate to the [Secretary](/usc/16/1362.md?p=12-A) that the [taking](/usc/16/3102.md?p=18) or importation of any [marine mammal](/usc/16/1362.md?p=6) under such permit will be consistent with the purposes of this chapter and the applicable regulations established under [section 1373 of this title](/usc/16/1373.md).
  - (4) If within thirty days after the date of publication of notice pursuant to paragraph (2) of this subsection with respect to any application for a permit any interested party or parties request a hearing in connection therewith, the [Secretary](/usc/16/1362.md?p=12-A) may, within sixty days following such date of publication, afford to such party or parties an opportunity for such a hearing.
  - (5) As soon as practicable (but not later than thirty days) after the close of the hearing or, if no hearing is held, after the last day on which data, or views, may be submitted pursuant to paragraph (2) of this subsection, the [Secretary](/usc/16/1362.md?p=12-A) shall (A) issue a permit containing such terms and conditions as he deems appropriate, or (B) shall deny issuance of a permit. Notice of the decision of the [Secretary](/usc/16/1362.md?p=12-A) to issue or to deny any permit under this paragraph must be published in the Federal Register within ten days after the date of issuance or denial.
  - (6) Any applicant for a permit, or any party opposed to such permit, may obtain judicial review of the terms and conditions of any permit issued by the [Secretary](/usc/16/1362.md?p=12-A) under this section or of his refusal to issue such a permit. Such review, which shall be pursuant to [chapter 7](/usc/5/chptI/ch7.md) of title 5, may be initiated by filing a petition for review in the [United States](/usc/16/1362.md?p=14) district court for the district wherein the applicant for a permit resides, or has his principal place of business, or in the [United States](/usc/16/1362.md?p=14) District Court for the District of Columbia, within sixty days after the date on which such permit is issued or denied.
- (e) **Modification, suspension, and revocation—**
  - (1) The [Secretary](/usc/16/1362.md?p=12-A) may modify, suspend, or revoke in whole or in part any permit issued by him under this section—
    - (A) in order to make any such permit consistent with any change made after the date of issuance of such permit with respect to any applicable regulation prescribed under [section 1373 of this title](/usc/16/1373.md),
    - (B) in any case in which a [violation](/usc/16/620e.md?p=11) of the terms and conditions of the permit is found, or
    - (C) if, in the case of a permit under [subsection (c)(5)](#c-5) authorizing importation of polar bear parts, the [Secretary](/usc/16/1362.md?p=12-A), in consultation with the appropriate authority in Canada, determines that the sustainability of Canada’s polar bear [population stocks](/usc/16/1362.md?p=11) are being adversely affected or that sport hunting may be having a detrimental effect on maintaining polar bear [population stocks](/usc/16/1362.md?p=11) throughout their range.
  - (2) Whenever the [Secretary](/usc/16/1362.md?p=12-A) shall propose any modification, suspension, or revocation of a permit under this subsection, the permittee shall be afforded opportunity, after due notice, for a hearing by the [Secretary](/usc/16/1362.md?p=12-A) with respect to such proposed modification, suspension, or revocation. Such proposed action by the [Secretary](/usc/16/1362.md?p=12-A) shall not [take](/usc/16/1362.md?p=13) effect until a decision is issued by him after such hearing. Any action taken by the [Secretary](/usc/16/1362.md?p=12-A) after such a hearing is subject to judicial review on the same basis as is any action taken by him with respect to a permit application under [paragraph (5)](#d-5) of subsection (d) of this section.
  - (3) Notice of the modification, suspension, or revocation of any permit by the [Secretary](/usc/16/1362.md?p=12-A) shall be published in the Federal Register within ten days from the date of the [Secretary](/usc/16/1362.md?p=12-A)’s decision.
- (f) **Possession of permit by issuee or his agent—** Any permit issued under this section must be in the possession of the [person](/usc/16/1362.md?p=10) to whom it is issued (or an agent of such [person](/usc/16/1362.md?p=10)) during—
  - (1) the time of the authorized or [taking](/usc/16/3102.md?p=18) importation;
  - (2) the period of any transit of such [person](/usc/16/1362.md?p=10) or agent which is incident to such [taking](/usc/16/3102.md?p=18) or importation; and
  - (3) any other time while any [marine mammal](/usc/16/1362.md?p=6) taken or imported under such permit is in the possession of such [person](/usc/16/1362.md?p=10) or agent.

  A duplicate copy of the issued permit must be physically attached to the container, package, enclosure, or other means of containment, in which the [marine mammal](/usc/16/1362.md?p=6) is placed for purposes of storage, transit, supervision, or care.

- (g) **Fees—** The [Secretary](/usc/16/1362.md?p=12-A) shall establish and charge a reasonable fee for permits issued under this section.
- (h) **General permits—**
  - (1) Consistent with the regulations prescribed pursuant to [section 1373 of this title](/usc/16/1373.md) and to the requirements of [section 1371 of this title](/usc/16/1371.md), the [Secretary](/usc/16/1362.md?p=12-A) may issue an annual permit to a [United States](/usc/16/1362.md?p=14) purse seine fishing vessel for the [taking](/usc/16/3102.md?p=18) of such [marine mammals](/usc/16/1362.md?p=6), and shall issue regulations to cover the use of any such annual permits.
  - (2) Such annual permits for the incidental [taking](/usc/16/3102.md?p=18) of [marine mammals](/usc/16/1362.md?p=6) in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall be governed by [section 1416 of this title](/usc/16/1416.md), subject to the regulations issued pursuant to [section 1413 of this title](/usc/16/1413.md).

## Footnotes

[^1]: So in original. Probably should be “section”.

## Source credit

(Pub. L. 92–522, title I, § 104, Oct. 21, 1972, 86 Stat. 1034; Pub. L. 98–364, title I, § 102, July 17, 1984, 98 Stat. 440; Pub. L. 100–711, §§ 4(d), 5(d), Nov. 23, 1988, 102 Stat. 4767, 4769; Pub. L. 103–238, § 5(b), Apr. 30, 1994, 108 Stat. 537; Pub. L. 105–18, title V, § 5004, June 12, 1997, 111 Stat. 187; Pub. L. 105–42, § 4(d), Aug. 15, 1997, 111 Stat. 1125; Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–238; Pub. L. 106–31, title V, § 5004(1), May 21, 1999, 113 Stat. 110; Pub. L. 108–108, title I, § 149, Nov. 10, 2003, 117 Stat. 1281.)

## Notes

### Editorial Notes

### References in Text

7 U.S.C. 2131 et seq., referred to in subsec. (c)(2)(A)(ii), is the classification for Pub. L. 89–544, Aug. 24, 1966, 80 Stat. 350, known as the Animal Welfare Act, which is classified generally to chapter 54 (§ 2131 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of Title 7 and Tables.

### Amendments

2003—Subsec. (c)(5)(D). Pub. L. 108–108, which directed the substitution of “February 18, 1997” for “April 30, 1994” in “Section 104 (16 U.S.C. 1374)” without indicating the act to be amended, was executed by amending this section, which is section 104 of the Marine Mammal Protection Act of 1972, to reflect the probable intent of Congress.

1999—Subsec. (c)(5)(B). Pub. L. 106–31 made technical correction to directory language of Pub. L. 105–277. See 1998 Amendment note below.

1998—Subsec. (c)(5)(B). Pub. L. 105–277, as amended by Pub. L. 106–31, inserted “until expended” after “Secretary” in second sentence.

1997—Subsec. (c)(5)(A). Pub. L. 105–18, § 5004(1), struck out “, including polar bears taken but not imported prior to April 30, 1994,” after “sport hunts in Canada”.

Subsec. (c)(5)(D). Pub. L. 105–18, § 5004(2), added subpar. (D).

Subsec. (h). Pub. L. 105–42 amended subsec. (h) generally. Prior to amendment, subsec. (h) related to general permits, extension of general permit to American Tunaboat Association, and monitoring of incidental taking of marine mammals.

1994—Subsec. (a). Pub. L. 103–238, § 5(b)(1), inserted at end “Permits for the incidental taking of marine mammals in the course of commercial fishing operations may only be issued as specifically provided for in sections 1371(a)(5) or 1416 of this title, or subsection (h) of this section.”

Subsec. (c)(1). Pub. L. 103–238, § 5(b)(2)(A), struck out “and after” after “must be observed pursuant to”.

Subsec. (c)(2). Pub. L. 103–238, § 5(b)(2)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A permit may be issued for public display purposes only to an applicant which offers a program for education or conservation purposes that, based on professionally recognized standards of the public display community, is acceptable to the Secretary and which submits with the permit application information indicating that the applicant’s facilities are open to the public on a regularly scheduled basis and that access to the facilities is not limited or restricted other than by the charging of an admission fee.”

Subsec. (c)(3). Pub. L. 103–238, § 5(b)(2)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A permit may be issued for scientific research purposes only to an applicant which submits with its permit application information indicating that the taking is required to further a bona fide scientific purpose and does not involve unnecessary duplication of research. No permit issued for purposes of scientific research shall authorize the killing of a marine mammal unless the applicant demonstrates that a nonlethal method for carrying out the research is not feasible. The Secretary shall not issue a permit for research which involves the lethal taking of a marine mammal from a species or stock designated as depleted, unless the Secretary determines that the results of such research will directly benefit that species or stock, or that such research fulfills a critically important research need.”

Subsec. (c)(5) to (10). Pub. L. 103–238, § 5(b)(2)(D), added pars. (5) to (10).

Subsec. (e)(1)(C). Pub. L. 103–238, § 5(b)(3), added subpar. (C).

1988—Subsec. (c). Pub. L. 100–711, § 5(d), designated existing provisions as par. (1) and substituted “scientific research, public display, or enhancing the survival or recovery of a species or stock” for “display or scientific research” in two places, and added pars. (2) to (4).

Subsec. (h)(2)(B). Pub. L. 100–711, § 4(d), added cls. (iv) to (ix).

1984—Subsec. (h). Pub. L. 98–364 designated existing provisions as par. (1), and added pars. (2) and (3).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1997 Amendment

For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

### Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

### Modification of Permits Existing Prior to April 30, 1994

Pub. L. 103–238, § 5(c), Apr. 30, 1994, 108 Stat. 541, provided that: “Any permit issued under section 104(c)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before the date of the enactment of this Act [Apr. 30, 1994] is hereby modified to be consistent with that section as amended by this Act.”