§1382. Regulations and administration — Inbound Citations

Citations to §1382(c)

• 16 U.S.C. § 1371(a)(5)(A)(i)(I)

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  (I) finds that the total of such taking during each five-year (or less) period concerned will have a negligible impact on such species or stock and will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses pursuant to subsection (b) or section 1379(f) of this title or, in the case of a cooperative agreement under both this chapter and the Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to section 1382(c) of this title; and
• 16 U.S.C. § 1379(h)(1)

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  (1) Nothing in this subchapter or subchapter V 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 or her duties as an official, employee, or designee, a marine mammal in a humane manner (including euthanasia) if such taking 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.
• 16 U.S.C. § 1379(h)(2)

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  (2) Nothing in this subchapter shall prevent the Secretary or a person designated under section 1382(c) of this title from importing a marine mammal into the United States if such importation is necessary to render medical treatment that is not otherwise available.
• 16 U.S.C. § 1421b(a)

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  (a) The Secretary may enter into an agreement under section 1382(c) of this title with any person to take marine mammals under section 1379(h)(1) of this title in response to a stranding or entanglement.
• 16 U.S.C. § 1421b(c)

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  (c) The Secretary shall periodically review agreements under section 1382(c) of this title that are entered into pursuant to this subchapter, for performance adequacy and effectiveness.
• 16 U.S.C. § 1421e(a)

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  (a) A person who is authorized to respond to a stranding or entanglement pursuant to an agreement entered into under section 1382(c) of this title is deemed to be an employee of the Government for purposes of chapter 171 of title 28, with respect to actions of the person that are—

  (1) in accordance with the agreement; and

  (2) in the case of an unusual mortality event, in accordance with—

  (A) the contingency plan issued under section 1421c(b) of this title;

  (B) the instructions of an Onsite Coordinator designated under section 1421c(c) of this title; or

  (C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan.
• 16 U.S.C. § 1421h(7)

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  (7) The term “stranding network participant” means a person who is authorized by an agreement under section 1382(c) of this title to take marine mammals as described in section 1379(h)(1) of this title in response to a stranding.