---
kind: "section"
citation: "16 U.S.C. § 1379"
title: "16"
title_heading: "Conservation"
number: "1379"
heading: "Transfer of management authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1379"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter II — Conservation and Protection of Marine Mammals"
---

# §1379. Transfer of management authority

- (a) **State enforcement of State laws or regulations prohibited without transfer to State of management authority by Secretary—** No [State](/usc/16/590q.md?p=a) may enforce, or attempt to enforce, any [State](/usc/16/590q.md?p=a) law or regulation relating to the [taking](/usc/16/3102.md?p=18) of any species (which term for purposes of this section includes any [population stock](/usc/16/1362.md?p=11)) of [marine mammal](/usc/16/1362.md?p=6) within the [State](/usc/16/590q.md?p=a) unless the [Secretary](/usc/16/1362.md?p=12-A) has transferred authority for the [conservation](/usc/16/1362.md?p=2) and [management](/usc/16/1362.md?p=2) of that species (hereinafter referred to in this section as “[management](/usc/16/1362.md?p=2) authority”) to the [State](/usc/16/590q.md?p=a) under [subsection (b)(1)](#b-1).
- (b) **Findings prerequisite to transfer of authority; State program; implementation—**
  - (1) Subject to [paragraph (2)](#b-2) and [subsection (f)](#f) of this section, the [Secretary](/usc/16/1362.md?p=12-A) shall transfer [management](/usc/16/1362.md?p=2) authority for a species of [marine mammal](/usc/16/1362.md?p=6) to a [State](/usc/16/590q.md?p=a) if the [Secretary](/usc/16/1362.md?p=12-A) finds, after notice and opportunity for public comment, that the [State](/usc/16/590q.md?p=a) has developed and will implement a program for the [conservation](/usc/16/1362.md?p=2) and [management](/usc/16/1362.md?p=2) of the species that—
    - (A) is consistent with the purposes, policies, and goals of this chapter and with international treaty obligations;
    - (B) requires that all [taking](/usc/16/3102.md?p=18) of the species be [humane](/usc/16/1362.md?p=4);
    - (C) does not permit the [taking](/usc/16/3102.md?p=18) of the species unless and until—
      - (i) the [State](/usc/16/590q.md?p=a) has determined, under a process consistent with the standards set forth in [subsection (c)](#c)—
        - (I) that the species is at its [optimum sustainable population](/usc/16/1362.md?p=9) (hereinafter in this section referred to as “OSP”), and
        - (II) the maximum number of animals of that species that may be taken without reducing the species below its OSP, and
      - (ii) the determination required under [clause (i)](#b-1-C-i) is final and implemented under [State](/usc/16/590q.md?p=a) law, and, if a cooperative allocation agreement for the species is required under [subsection (d)(1)](#d-1), such an agreement is implemented;
    - (D) does not permit the [taking](/usc/16/3102.md?p=18) of a number of animals of the species that exceeds the maximum number determined pursuant to [subparagraph (C)(i)(II)](#b-1-C-i-II), and, in the case of [taking](/usc/16/3102.md?p=18) for subsistence uses (as defined in [subsection (f)(2)](#f-2)), does not permit the [taking](/usc/16/3102.md?p=18) of a number of animals that would be inconsistent with the maintenance of the species at its OSP;
    - (E) does not permit the [taking](/usc/16/3102.md?p=18) of the species for scientific research, public display, or enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11), except for [taking](/usc/16/3102.md?p=18) for such purposes that is undertaken by, or on behalf of, the [State](/usc/16/590q.md?p=a);
    - (F) provides procedures for acquiring data, and evaluating such data and other new evidence, relating to the OSP of the species, and the maximum [take](/usc/16/1362.md?p=13) that would maintain the species at the level, and, if required on the basis of such evaluation, for amending determinations under [subparagraph (C)(i)](#b-1-C-i);
    - (G) provides procedures for the resolution of differences between the [State](/usc/16/590q.md?p=a) and the [Secretary](/usc/16/1362.md?p=12-A) that might arise during the development of a cooperative allocation agreement under [subsection (d)(1)](#d-1); and
    - (H) provides for the submission of an annual report to the [Secretary](/usc/16/1362.md?p=12-A) regarding the administration of the program during the reporting period.
  - (2) During the period between the transfer of [management](/usc/16/1362.md?p=2) authority for a species to a [State](/usc/16/590q.md?p=a) under [paragraph (1)](#b-1) and the time at which the implementation requirements under [paragraph (1)(C)(ii)](#b-1-C-ii) are complied with—
    - (A) the [State](/usc/16/590q.md?p=a) program shall not apply with respect to the [taking](/usc/16/3102.md?p=18) of the species within the [State](/usc/16/590q.md?p=a) for any purpose, or under any condition, provided for under [section 1371 of this title](/usc/16/1371.md); and
    - (B) the [Secretary](/usc/16/1362.md?p=12-A) shall continue to regulate, under this subchapter, all [takings](/usc/16/3102.md?p=18) of the species within the [State](/usc/16/590q.md?p=a).
  - (3) After the determination required under [paragraph (1)(C)(i)](#b-1-C-i) regarding a species is final and implemented under [State](/usc/16/590q.md?p=a) law and after a cooperative allocation agreement described in [subsection (d)(1)](#d-1), if required, is implemented for such species—
    - (A) such determination shall be treated, for purposes of applying this subchapter beyond the territory of the [State](/usc/16/590q.md?p=a), as a determination made in accordance with [section 1373 of this title](/usc/16/1373.md) and as an applicable waiver under [section 1371(a)(3) of this title](/usc/16/1371.md?p=a-3);
    - (B) the [Secretary](/usc/16/1362.md?p=12-A) shall regulate, without regard to this section other than the allocations specified under such an agreement, the [taking](/usc/16/3102.md?p=18) of the species—
      - (i) incidentally in the course of commercial fishing operations (whether provided for under [section 1371(a)(2)](/usc/16/1371.md?p=a-2) or (4) of this title), or in the course of other specified activities provided for under [section 1371(a)(5) of this title](/usc/16/1371.md?p=a-5), in the zone described in [section 1362(14)(B)](/usc/16/1362.md)[^1] of this title, and
      - (ii) for scientific research, public display, or enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11) (other than by, or on behalf of, the [State](/usc/16/590q.md?p=a)), except that any [taking](/usc/16/3102.md?p=18) authorized under a permit issued pursuant to [section 1371(a)(1) of this title](/usc/16/1371.md?p=a-1) after October 9, 1981, allowing the removal of live animals from habitat within the [State](/usc/16/590q.md?p=a) shall not be effective if the [State](/usc/16/590q.md?p=a) agency disapproves, on or before the date of issuance of the permit, such [taking](/usc/16/3102.md?p=18) as being inconsistent with the [State](/usc/16/590q.md?p=a) program; and
    - (C) [section 1371(b) of this title](/usc/16/1371.md?p=b) shall not apply.
- (c) **Standards with which State process must comply—** The [State](/usc/16/590q.md?p=a) process required under [subsection (b)(1)(C)](#b-1-C) must comply with the following standards:
  - (1) The [State](/usc/16/590q.md?p=a) agency with [management](/usc/16/1362.md?p=2) authority for the species (hereinafter in this section referred to as the “[State](/usc/16/590q.md?p=a) agency”) must make an initial determination regarding the factors described in clause (i) of that subsection. The [State](/usc/16/590q.md?p=a) agency must identify, and make available to the public under reasonable circumstances, the documentation supporting such initial determination. Unless request for a hearing under [paragraph (2)](#c-2) regarding the initial determination is timely made, the initial determination shall be treated as final under [State](/usc/16/590q.md?p=a) law.
  - (2) The [State](/usc/16/590q.md?p=a) agency shall provide opportunity, at the request of any interested party, for a hearing with respect to the initial determination made by it under [paragraph (1)](#c-1) at which interested parties may—
    - (A) present oral and written evidence in support of or against such determination; and
    - (B) cross-examine [persons](/usc/16/1362.md?p=10) presenting evidence at the hearing.

    The [State](/usc/16/590q.md?p=a) agency must give public notice of the hearing and make available to the public within a reasonable time before commencing the hearing a list of the witnesses for the [State](/usc/16/590q.md?p=a) and a general description of the documentation and other evidence that will be relied upon by such witnesses.

  - (3) The [State](/usc/16/590q.md?p=a) agency, solely on the basis of the record developed at a hearing held pursuant to [paragraph (2)](#c-2), must make a decision regarding its initial determination under [paragraph (1)](#c-1) and shall include with the record a statement of the findings and conclusions, and the reason or basis therefor, on all material issues.
  - (4) Opportunity for judicial review of the decision made by the [State](/usc/16/590q.md?p=a) agency on the record under [paragraph (3)](#c-3), under scope of review equivalent to that provided for in [section 706(2)(A)](/usc/16/706.md) through (E) of [title 5](/usc/5.md), must be available under [State](/usc/16/590q.md?p=a) law. The [Secretary](/usc/16/1362.md?p=12-A) may not initiate judicial review of any such decision.
- (d) **Cooperative allocation agreements—**
  - (1) If the range of a species with respect to which a determination under [paragraph (1)(C)(i)](#b-1-C-i) of subsection (b) is made extends beyond the territorial waters of the [State](/usc/16/590q.md?p=a), the [State](/usc/16/590q.md?p=a) agency and the [Secretary](/usc/16/1362.md?p=12-A) (who shall first coordinate with the [Marine Mammal](/usc/16/1362.md?p=6) [Commission](/usc/16/544.md?p=c) and the appropriate [Regional Fishery Management Council](/usc/16/1362.md?p=21) established under [section 1852 of this title](/usc/16/1852.md)) shall enter into a cooperative allocation agreement providing procedures for allocating, on a timely basis, such of the number of animals, as determined under [paragraph (1)(C)(i)(II)](#b-1-C-i-II) of subsection (b), as may be appropriate with priority of allocation being given firstly to [taking](/usc/16/3102.md?p=18) for subsistence uses in the case of the [State](/usc/16/590q.md?p=a) of Alaska, and secondly to [taking](/usc/16/3102.md?p=18) for purposes provided for under [section 1371(a) of this title](/usc/16/1371.md?p=a) within the zone described in [section 1362(14)(B)](/usc/16/1362.md)[^1] of this title.
  - (2) If the [State](/usc/16/590q.md?p=a) agency requests the [Secretary](/usc/16/1362.md?p=12-A) to regulate the [taking](/usc/16/3102.md?p=18) of a species to which [paragraph (1)](#d-1) applies within the zone described in [section 1362(14)(B)](/usc/16/1362.md)[^1] of this title for subsistence uses or for hunting, or both, in a manner consistent with the regulation by the [State](/usc/16/590q.md?p=a) agency of such [taking](/usc/16/3102.md?p=18) within the [State](/usc/16/590q.md?p=a), the [Secretary](/usc/16/1362.md?p=12-A) shall adopt, and enforce within such zone, such of the [State](/usc/16/590q.md?p=a) agency’s regulatory provisions as the [Secretary](/usc/16/1362.md?p=12-A) considers to be consistent with his administration of [section 1371(a) of this title](/usc/16/1371.md?p=a) within such zone. The [Secretary](/usc/16/1362.md?p=12-A) shall adopt such provisions through the issuance of regulations under [section 553 of title 5](/usc/5/553.md), and with respect to such issuance the Regulatory Flexibility Act [[5 U.S.C. 601](/usc/5/601.md) et seq.], the Paperwork Reduction Act,[^1] Executive Order Numbered 12291, dated February 17, 1981, and the thirty-day notice requirement in [subsection (d)](/usc/16/601.md) of such section 553 shall not apply. For purposes of sections [1375](/usc/16/1375.md), [1376](/usc/16/1376.md), and [1377](/usc/16/1377.md) of this title, such regulations shall be treated as having been issued under this subchapter.
- (e) **Revocation of transfer of management authority—**
  - (1) Subject to [paragraph (2)](#e-2), the [Secretary](/usc/16/1362.md?p=12-A) shall revoke, after opportunity for a hearing, any transfer of [management](/usc/16/1362.md?p=2) authority made to a [State](/usc/16/590q.md?p=a) under [subsection (b)(1)](#b-1) if the [Secretary](/usc/16/1362.md?p=12-A) finds that the [State](/usc/16/590q.md?p=a) program for the [conservation](/usc/16/1362.md?p=2) and [management](/usc/16/1362.md?p=2) of the species concerned is not being implemented, or is being implemented in a manner inconsistent with the provisions of this section or the provisions of the program. The [Secretary](/usc/16/1362.md?p=12-A) shall also establish a procedure for the voluntary return by a [State](/usc/16/590q.md?p=a) to the [Secretary](/usc/16/1362.md?p=12-A) of species [management](/usc/16/1362.md?p=2) authority that was previously transferred to the [State](/usc/16/590q.md?p=a) under [subsection (b)(1)](#b-1).
  - (2)
    - (A) The [Secretary](/usc/16/1362.md?p=12-A) may not revoke a transfer of [management](/usc/16/1362.md?p=2) authority under [paragraph (1)](#e-1) unless—
      - (i) the [Secretary](/usc/16/1362.md?p=12-A) provides to the [State](/usc/16/590q.md?p=a) a written notice of intent to revoke together with a statement, in detail, of those actions, or failures to act, on which such intent is based; and
      - (ii) during the ninety-day period after the date of the notice of intent to revoke—
        - (I) the [Secretary](/usc/16/1362.md?p=12-A) provides opportunity for consultation between him and the [State](/usc/16/590q.md?p=a) concerning such [State](/usc/16/590q.md?p=a) actions or failures to act and the remedial measures that should be taken by the [State](/usc/16/590q.md?p=a), and
        - (II) the [State](/usc/16/590q.md?p=a) does not [take](/usc/16/1362.md?p=13) such remedial measures as are necessary, in the judgment of the [Secretary](/usc/16/1362.md?p=12-A), to bring its [conservation](/usc/16/1362.md?p=2) and [management](/usc/16/1362.md?p=2) program, or the administration or enforcement of the program, into compliance with the provisions of this section.
    - (B) When a revocation by the [Secretary](/usc/16/1362.md?p=12-A) of a transfer of [management](/usc/16/1362.md?p=2) authority to a [State](/usc/16/590q.md?p=a) becomes final, or the [State](/usc/16/590q.md?p=a) voluntarily returns [management](/usc/16/1362.md?p=2) authority to the [Secretary](/usc/16/1362.md?p=12-A), the [Secretary](/usc/16/1362.md?p=12-A) shall regulate the [taking](/usc/16/3102.md?p=18), and provide for the [conservation](/usc/16/1362.md?p=2) and [management](/usc/16/1362.md?p=2), of the species within the [State](/usc/16/590q.md?p=a) in accordance with the provisions of this chapter (and in the case of Alaskan [Natives](/usc/16/3102.md?p=16), [section 1371(b) of this title](/usc/16/1371.md?p=b) and [subsection (i)](#i) of this section shall apply upon such revocation or return of [management](/usc/16/1362.md?p=2) authority).
- (f) **Transfer of management authority to State of Alaska—**
  - (1) The [Secretary](/usc/16/1362.md?p=12-A) may not transfer [management](/usc/16/1362.md?p=2) authority to the [State](/usc/16/590q.md?p=a) of Alaska under [subsection (b)(1)](#b-1) for any species of [marine mammal](/usc/16/1362.md?p=6) unless—
    - (A) the [State](/usc/16/590q.md?p=a) has adopted and will implement a statute and regulations that insure that the [taking](/usc/16/3102.md?p=18) of the species for subsistence uses—
      - (i) is accomplished in a nonwasteful manner,
      - (ii) will be the priority consumptive use of the species, and
      - (iii) if required to be restricted, such restriction will be based upon—
        - (I) the customary and direct dependence upon the species as the mainstay of livelihood,
        - (II) local residency, and
        - (III) the availability of alternative resources; and
    - (B) the [State](/usc/16/590q.md?p=a) has adopted a statute or regulation that requires that any consumptive use of [marine mammal](/usc/16/1362.md?p=6) species, other than for subsistence uses, will be authorized during a regulatory year only if the appropriate agency first makes findings, based on an administrative record before it, that—
      - (i) such use will have no significant adverse impact upon subsistence uses of the species, and
      - (ii) the regulation of such use, including, but not limited to, licensing of [marine mammal](/usc/16/1362.md?p=6) hunting guides and the assignment of guiding [areas](/usc/16/539m–1.md?p=1-A), will, to the maximum extent practicable, provide economic opportunities for the residents of the rural coastal villages of Alaska who engage in subsistence uses of that species.
  - (2) For purposes of [paragraph (1)](#f-1), the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of [marine mammals](/usc/16/1362.md?p=6) 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](/usc/16/1362.md?p=6) 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](/usc/16/1362.md?p=10) related by blood, marriage, or adoption, or any [person](/usc/16/1362.md?p=10) living within a household on a permanent basis.
    - (B) The term “barter” means the exchange of [marine mammals](/usc/16/1362.md?p=6) 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) **Environmental impact statement not required—** Neither the transfer of [management](/usc/16/1362.md?p=2) authority to a [State](/usc/16/590q.md?p=a) under [subsection (b)(1)](#b-1), nor the revocation or voluntary return of such authority under [subsection (e)](#e), shall be deemed to be an action for which an environmental impact statement is required under [section 4332 of title 42](/usc/42/4332.md).
- (h) **Taking of marine mammals as part of official duties—**
  - (1) Nothing in this subchapter or subchapter V shall prevent a Federal, [State](/usc/16/590q.md?p=a), or local government official or employee or a [person](/usc/16/1362.md?p=10) designated under [section 1382(c) of this title](/usc/16/1382.md?p=c) from [taking](/usc/16/3102.md?p=18), in the course of his or her duties as an official, employee, or designee, a [marine mammal](/usc/16/1362.md?p=6) in a [humane](/usc/16/1362.md?p=4) manner (including euthanasia) if such [taking](/usc/16/3102.md?p=18) is for—
    - (A) the protection or welfare of the mammal,
    - (B) the protection of the public health and welfare, or
    - (C) the nonlethal removal of nuisance animals.
  - (2) Nothing in this subchapter shall prevent the [Secretary](/usc/16/1362.md?p=12-A) or a [person](/usc/16/1362.md?p=10) designated under [section 1382(c) of this title](/usc/16/1382.md?p=c) from importing a [marine mammal](/usc/16/1362.md?p=6) into the [United States](/usc/16/1362.md?p=14) if such importation is necessary to render medical treatment that is not otherwise available.
  - (3) In any case in which it is feasible to return to its natural habitat a [marine mammal](/usc/16/1362.md?p=6) taken or imported under circumstances described in this subsection, steps to achieve that result shall be taken.
- (i) **Regulations covering taking of marine mammals by Alaskan natives—** The [Secretary](/usc/16/1362.md?p=12-A) may (after providing notice thereof in the Federal Register and in newspapers of general circulation, and through appropriate electronic media, in the affected [area](/usc/16/539m–1.md?p=1-A) and providing opportunity for a hearing thereon in such [area](/usc/16/539m–1.md?p=1-A)) prescribe regulations requiring the marking, tagging, and reporting of animals taken pursuant to [section 1371(b) of this title](/usc/16/1371.md?p=b).
- (j) **Grants to develop or administer State conservation and management programs—** The [Secretary](/usc/16/1362.md?p=12-A) may make grants to [States](/usc/16/544.md?p=r) to assist them—
  - (1) in developing programs, to be submitted for approval under [subsection (b)](#b), for the [conservation](/usc/16/1362.md?p=2) and [management](/usc/16/1362.md?p=2) of species of [marine mammals](/usc/16/1362.md?p=6); and
  - (2) in administering such programs if [management](/usc/16/1362.md?p=2) authority for such species is transferred to the [State](/usc/16/590q.md?p=a) under such subsection.

  Grants made under this subsection may not exceed 50 per centum of the costs of developing a [State](/usc/16/590q.md?p=a) program before Secretarial approval, or of administering the program thereafter.

- (k) **Delegation of administration and enforcement to States—** The [Secretary](/usc/16/1362.md?p=12-A) is authorized and directed to enter into cooperative arrangements with the appropriate officials of any [State](/usc/16/590q.md?p=a) for the delegation to such [State](/usc/16/590q.md?p=a) of the administration and enforcement of this subchapter: Provided, That any such arrangement shall contain such provisions as the [Secretary](/usc/16/1362.md?p=12-A) deems appropriate to insure that the purposes and policies of this chapter will be carried out.
- (l) **Authorization of appropriations—**
  - (1) There are authorized to be appropriated to the Department of the Interior, for the purposes of carrying out this section, not to exceed $400,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981.
  - (2) There are authorized to be appropriated to the Department of Commerce, for the purposes of carrying out this section, not to exceed $225,000 for each of the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 92–522, title I, § 109, Oct. 21, 1972, 86 Stat. 1040; Pub. L. 95–316, § 1, July 10, 1978, 92 Stat. 380; Pub. L. 97–58, § 4(a), Oct. 9, 1981, 95 Stat. 982; Pub. L. 100–711, § 5(a), (e)(3), Nov. 23, 1988, 102 Stat. 4769, 4771; Pub. L. 102–587, title III, § 3004(a)(2), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, § 24(c)(10), Apr. 30, 1994, 108 Stat. 566.)

## Notes

### Editorial Notes

### References in Text

Section 1362(14) of this title, referred to in subsecs. (b)(3)(B)(i) and (d), was redesignated section 1362(15) by Pub. L. 102–582, title IV, § 401(a), Nov. 2, 1992, 106 Stat. 4909.

The Regulatory Flexibility Act, referred to in subsec. (d)(2), is Pub. L. 96–354, Sept. 19, 1980, 94 Stat. 1164, which is classified generally to chapter 6 (§ 601 et seq.) of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 5 and Tables.

The Paperwork Reduction Act, referred to in subsec. (d)(2), probably means the Paperwork Reduction Act of 1980, Pub. L. 96–511, Dec. 11, 1980, 94 Stat. 2812, which was classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Documents, prior to the general amendment of that chapter by the Paperwork Reduction Act of 1995, Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of Title 44 and Tables.

Executive Order Numbered 12291, dated February 17, 1981, referred to in subsec. (d)(2), was formerly set out as a note under section 601 of Title 5, Government Organization and Employees, and was revoked by Ex. Ord. No. 12866, § 11, Sept. 30, 1993, 58 F.R. 51735.

### Amendments

1994—Subsec. (h)(1). Pub. L. 103–238 made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act.

1992—Subsec. (h)(1). Pub. L. 102–587 inserted “or subchapter V” after “this subchapter” in introductory provisions.

1988—Subsec. (b)(1)(E). Pub. L. 100–711, § 5(e)(3)(A), substituted “research, public display, or enhancing the survival or recovery of a species or stock” for “research and public display purposes”.

Subsec. (b)(3)(B)(ii). Pub. L. 100–711, § 5(e)(3)(B), substituted “research, public display, or enhancing the survival or recovery of a species or stock” for “research or public display purposes”.

Subsec. (h). Pub. L. 100–711, § 5(a), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Nothing in this subchapter shall prevent a Federal, State, or local government official or employee or a person designated under section 1382(c) of this title 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.”

1981—Subsec. (a). Pub. L. 97–58, § 4(a)(2), added subsec. (a). Former subsec. (a), relating to State regulation of the taking of marine mammals, was struck out.

Subsec. (b). Pub. L. 97–58, § 4(a)(2), added subsec. (b). Former subsec. (b), relating to the making of grants to States by the Secretary, was struck out. See subsec. (j) of this section.

Subsecs. (c), (d). Pub. L. 97–58, § 4(a)(1), (2), added subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (k) and (l), respectively.

Subsecs. (e) to (j). Pub. L. 97–58, § 4(a)(2), added subsecs. (e) to (j).

Subsecs. (k), (l). Pub. L. 97–58, § 4(a)(1), redesignated subsecs. (c) and (d) as (k) and (l), respectively.

1978—Subsec. (d). Pub. L. 95–316 added subsec. (d).

### Statutory Notes and Related Subsidiaries

### 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.

### Enforcement by Hawaii of Laws Relating to Conservation and Management of Humpback Whales With Respect to Recreational and Commercial Vessels

Pub. L. 108–447, div. B, title II, § 213, Dec. 8, 2004, 118 Stat. 2884, provided that: “Hereafter, notwithstanding any other Federal law related to the conservation and management of marine mammals, the State of Hawaii may enforce any State law or regulation with respect to the operation in State waters of recreational and commercial vessels, for the purpose of conservation and management of humpback whales, to the extent that such law or regulation is no less restrictive than Federal law.”

### Cooperative Agreements Under Endangered Species Act

Pub. L. 97–58, § 4(b), Oct. 9, 1981, 95 Stat. 986, provided that: “Nothing in the amendments made by subsection (a) [amending this section] 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 [Oct. 9, 1981].”