HR 5694 — ARTIST Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 MARINE MAMMAL PROTECTION ACT OF 1972

 * * * * * * *
 TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

 Moratorium and Exceptions

 Sec. 101. (a) There shall be a moratorium on the taking and 
importation of marine mammals and marine mammal products, 
commencing on the effective date of this Act, during which time 
no permit may be issued for the taking of any marine mammal and 
no marine mammal or marine mammal product may be imported into 
the United States except in the following cases:
 (1) Consistent with the provisions of section 104, 
 permits may be issued by the Secretary for taking, and 
 importation for purposes of scientific research, public 
 display, photography for educational or commercial 
 purposes, or enhancing the survival or recovery of a 
 species or stock, or for importation of polar bear 
 parts (other than internal organs) taken in sport hunts 
 in Canada. Such permits, except permits issued under 
 section 104(c)(5), may be issued if the taking or 
 importation proposed to be made is first reviewed by 
 the Marine Mammal Commission and the Committee of 
 Scientific Advisors on Marine Mammals established under 
 title II. The Commission and Committee shall recommend 
 any proposed taking or importation, other than 
 importation under section 104(c)(5), which is 
 consistent with the purposes and policies of section 2 
 of this Act. If the Secretary issues such a permit for 
 importation, the Secretary shall issue to the importer 
 concerned a certificate to that effect in such form as 
 the Secretary of the Treasury prescribes, and such 
 importation may be made upon presentation of the 
 certificate to the customs officer concerned.
 (2) Marine mammals may be taken incidentally in the 
 course of commercial fishing operations and permits may 
 be issued therefor under section 104 subject to 
 regulations prescribed by the Secretary in accordance 
 with section 103, or in lieu of such permits, 
 authorizations may be granted therefor under section 
 118, subject to regulations prescribed under that 
 section by the Secretary without regard to section 103. 
 Such authorizations may be granted under title III with 
 respect to purse seine fishing for yellowfin tuna in 
 the eastern tropical Pacific Ocean, subject to 
 regulations prescribed under that title by the 
 Secretary without regard to section 103. In any event 
 it shall be the immediate goal that the incidental kill 
 or incidental serious injury of marine mammals 
 permitted in the course of commercial fishing 
 operations be reduced to insignificant levels 
 approaching a zero mortality and serious injury rate. 
 The Secretary of the Treasury shall ban the importation 
 of commercial fish or products from fish which have 
 been caught with commercial fishing technology which 
 results in the incidental kill or incidental serious 
 injury of ocean mammals in excess of United States 
 standards. For purposes of applying the preceding 
 sentence, the Secretary--
 (A) shall insist on reasonable proof from the 
 government of any nation from which fish or 
 fish products will be exported to the United 
 States of the effects on ocean mammals of the 
 commercial fishing technology in use for such 
 fish or fish products exported from such nation 
 to the United States;
 (B) in the case of yellowfin tuna harvested 
 with purse seine nets in the eastern tropical 
 Pacific Ocean, and products therefrom, to be 
 exported to the United States, shall require 
 that the government of the exporting nation 
 provide documentary evidence that--
 (i)(I) the tuna or products therefrom 
 were not banned from importation under 
 this paragraph before the effective 
 date of section 4 of the International 
 Dolphin Conservation Program Act; or
 (II) the tuna or products therefrom 
 were 
 harvested after the effective date of 
 section 4 of the International Dolphin 
 Conservation Program Act by vessels of 
 a nation which participates in the 
 International Dolphin Conservation 
 Program, and such harvesting nation is 
 either a member of the Inter-American 
 Tropical Tuna Commission or has 
 initiated (and within 6 months 
 thereafter completed) all steps 
 required of applicant nations, in 
 accordance with article V, paragraph 3 
 of the Convention establishing the 
 Inter-American Tropical Tuna 
 Commission, to become a member of that 
 organization;
 (ii) such nation is meeting the 
 obligations of the International 
 Dolphin Conservation Program and the 
 obligations of membership in the Inter-
 American Tropical Tuna Commission, 
 including all financial obligations; 
 and
 (iii) the total dolphin mortality 
 limits, and per-stock per-year dolphin 
 mortality limits permitted for that 
 nation's vessels under the 
 International Dolphin Conservation 
 Program do not exceed the limits 
 determined for 1997, or for any year 
 thereafter, consistent with the 
 objective of progressively reducing 
 dolphin mortality to a level 
 approaching zero through the setting of 
 annual limits and the goal of 
 eliminating dolphin mortality, and 
 requirements of the International 
 Dolphin Conservation Program;
 (C) shall not accept such documentary 
 evidence if--
 (i) the government of the harvesting 
 nation does not provide directly or 
 authorize the Inter-American Tropical 
 Tuna Commission to release complete and 
 accurate information to the Secretary 
 in a timely manner--
 (I) to allow determination of 
 compliance with the 
 International Dolphin 
 Conservation Program; and
 (II) for the purposes of 
 tracking and verifying 
 compliance with the minimum 
 requirements established by the 
 Secretary in regulations 
 promulgated under subsection 
 (f) of the Dolphin Protection 
 Consumer Information Act (16 
 U.S.C. 1385(f)); or
 (ii) after taking into consideration 
 such information, findings of the 
 Inter-American Tropical Tuna 
 Commission, and any other relevant 
 information, including information that 
 a nation is consistently failing to 
 take enforcement actions on violations 
 which diminish the effectiveness of the 
 International Dolphin Conservation 
 Program, the Secretary, in consultation 
 with the Secretary of State, finds that 
 the harvesting nation is not in 
 compliance with the International 
 Dolphin Conservation Program.
 (D) shall require the government of any 
 intermediary nation to certify and provide 
 reasonable proof to the Secretary that it has 
 not imported, within the preceding six months, 
 any yellowfin tuna or yellowfin tuna products 
 that are subject to a direct ban on importation 
 to the United States under subparagraph (B);
 (E) shall, six months after importation of 
 yellowfin tuna or tuna products has been banned 
 under this section, certify such fact to the 
 President, which certification shall be deemed 
 to be a certification for the purposes of 
 section 8(a) of the Fishermen's Protective Act 
 of 1967 (22 U.S.C. 1978(a)) for as long as such 
 ban is in effect; and
 (F)(i) except as provided in clause (ii), in 
 the case of fish or products containing fish 
 harvested by a nation whose fishing vessels 
 engage in high seas driftnet fishing, shall 
 require that the government of the exporting 
 nation provide documentary evidence that the 
 fish or fish product was not harvested with a 
 large-scale driftnet in the South Pacific Ocean 
 after July 1, 1991, or in any other water of 
 the high seas after January 1, 1993, and
 (ii) in the case of tuna or a product 
 containing tuna harvested by a nation whose 
 fishing vessels engage in high seas driftnet 
 fishing, shall require that the government of 
 the exporting nation provide documentary 
 evidence that the tuna or tuna product was not 
 harvested with a large-scale driftnet anywhere 
 on the high seas after July 1, 1991.
 For purposes of subparagraph (F), the term ``driftnet'' 
 has the meaning given such term in section 4003 of the 
 Driftnet Impact Monitoring, Assessment, and Control Act 
 of 1987 (16 U.S.C. 1822 note), except that, until 
 January 1, 1994, the term ``driftnet'' does not include 
 the use in the northeast Atlantic Ocean of gillnets 
 with a total length not to exceed five kilometers if 
 the use is in accordance with regulations adopted by 
 the European Community pursuant to the October 28, 
 1991, decision by the Council of Fisheries Ministers of 
 the Community.
 (3)(A) The Secretary, on the basis of the best 
 scientific evidence available and in consultation with 
 the Marine Mammal Commission, is authorized and 
 directed, from time to time, having due regard to the 
 distribution, abundance, breeding habits, and times and 
 lines of migratory movements of such marine mammals, to 
 determine when, to what extent, if at all, and by what 
 means, it is compatible with this Act to waive the 
 requirements of this section so as to allow taking, or 
 importing of any marine mammal, or any marine mammal 
 product, and to adopt suitable regulations, issue 
 permits, and make determinations in accordance with 
 sections 102, 103, 104, and 111 of this title 
 permitting and governing such taking and importing, in 
 accordance with such determinations: Provided, however, 
 That the Secretary, in making such determinations, must 
 be assured that the taking of such marine mammal is in 
 accord with sound principles of resource protection and 
 conservation as provided in the purposes and policies 
 of this Act: Provided further, however, That no marine 
 mammal or no marine mammal product may be imported into 
 the United States unless the Secretary certifies that 
 the program for taking marine mammals in the country of 
 origin is consistent with the provisions and policies 
 of this Act. Products of nations not so certified may 
 not be imported into the United States for any purpose, 
 including processing for exportation.
 (B) Except for scientific research purposes, 
 photography for educational or commercial purposes, or 
 enhancing the survival or recovery of a species or 
 stock as provided for in paragraph (1) of this 
 subsection, or as provided for under paragraph (5) of 
 this subsection, during the moratorium no permit may be 
 issued for the taking of any marine mammal which has 
 been designated by the Secretary as depleted, and no 
 importation may be made of any such mammal.
 (4)(A) Except as provided in subparagraphs (B) and 
 (C), the provisions of this Act shall not apply to the 
 use of measures--
 (i) by the owner of fishing gear or catch, or 
 an employee or agent of such owner, to deter a 
 marine mammal from damaging the gear or catch;
 (ii) by the owner of other private property, 
 or an agent, bailee, or employee of such owner, 
 to deter a marine mammal from damaging private 
 property;
 (iii) by any person, to deter a marine mammal 
 from endangering personal safety; or
 (iv) by a government employee, to deter a 
 marine mammal from damaging public property,
 so long as such measures do not result in the death or 
 serious injury of a marine mammal.
 (B) The Secretary shall, through consultation with 
 appropriate experts, and after notice and opportunity 
 for public comment, publish in the Federal Register a 
 list of guidelines for use in safely deterring marine 
 mammals. In the case of marine mammals listed as 
 endangered species or threatened species under the 
 Endangered Species Act of 1973, the Secretary shall 
 recommend specific measures which may be used to 
 nonlethally deter marine mammals. Actions to deter 
 marine mammals consistent with such guidelines or 
 specific measures shall not be a violation of this Act.
 (C) If the Secretary determines, using the best 
 scientific information available, that certain forms of 
 deterrence have a significant adverse effect on marine 
 mammals, the Secretary may prohibit such deterrent 
 methods, after notice and opportunity for public 
 comment, through regulation under this Act.
 (D) The authority to deter marine mammals pursuant to 
 subparagraph (A) applies to all marine mammals, 
 including all stocks designated as depleted under this 
 Act.
 (5)(A)(i) Except as provided by clause (ii), upon 
 request therefor by citizens of the United States who 
 engage in a specified activity (other than commercial 
 fishing) within a specified geographical region, the 
 Secretary shall allow, during periods of not more than 
 five consecutive years each, the incidental, but not 
 intentional, taking by citizens while engaging in that 
 activity within that region of small numbers of marine 
 mammals of a species or population stock if the 
 Secretary, after notice (in the Federal Register and in 
 newspapers of general circulation, and through 
 appropriate electronic media, in the coastal areas that 
 may be affected by such activity) and opportunity for 
 public comment--
 (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 109(f) or, in the case of a cooperative 
 agreement under both this Act and the Whaling 
 Convention Act of 1949, pursuant to section 
 112(c); and
 (II) prescribes regulations setting forth
 (aa) permissible methods of taking 
 pursuant to such activity, and other 
 means of effecting the least 
 practicable adverse impact on such 
 species or stock and its habitat, 
 paying particular attention to 
 rookeries, mating grounds, and areas of 
 similar significance, and on the 
 availability of such species or stock 
 for subsistence uses; and
 (bb) requirements pertaining to the 
 monitoring and reporting of such 
 taking.
 (ii) In the case of a military readiness activity (as defined 
in section 315(f) of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 16 
U.S.C. 703 note), clause (i) shall be applied--
 (I) in the matter preceding clause (I), by 
 substituting ``seven consecutive years'' for ``five 
 consecutive years''; and
 (II) in clause (I), by substituting ``seven-year'' 
 for ``five-year''.
 (iii) 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.
 (iv) 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.
 (B) The Secretary shall withdraw, or suspend for a 
 time certain (either on an individual or class basis, 
 as appropriate) the permission to take marine mammals 
 under subparagraph (A) pursuant to a specified activity 
 within a specified geographical region if the Secretary 
 finds, after notice and opportunity for public comment 
 (as required under subparagraph (A) unless subparagraph 
 (C)(i) applies), that--
 (i) the regulations prescribed under 
 subparagraph (A) regarding methods of taking, 
 monitoring, or reporting are not being 
 substantially complied with by a person 
 engaging in such activity; or
 (ii) the taking allowed under subparagraph 
 (A) pursuant to one or more activities within 
 one or more regions is having, or may have, 
 more than a negligible impact on the species or 
 stock concerned.
 (C)(i) The requirement for notice and opportunity for 
 public comment in subparagraph (B) shall not apply in 
 the case of a suspension of permission to take if the 
 Secretary determines that an emergency exists which 
 poses a significant risk to the well-being of the 
 species or stock concerned.
 (ii) Sections 103 and 104 shall not apply to the 
 taking of marine mammals under the authority of this 
 paragraph.
 (D)(i) Upon request therefor by citizens of the 
 United States who engage in a specified activity (other 
 than commercial fishing) within a specific geographic 
 region, the Secretary shall authorize, for periods of 
 not more than 1 year, subject to such conditions as the 
 Secretary may specify, the incidental, but not 
 intentional, taking by harassment of small numbers of 
 marine mammals of a species or population stock by such 
 citizens while engaging in that activity within that 
 region if the Secretary finds that such harassment 
 during each period concerned--
 (I) will have a negligible impact on such 
 species or stock, and
 (II) 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 109(f) or 
 pursuant to a cooperative agreement under 
 section 119.
 (ii) The authorization for such activity shall 
 prescribe, where applicable--
 (I) permissible methods of taking by 
 harassment pursuant to such activity, and other 
 means of effecting the least practicable impact 
 on such species or stock and its habitat, 
 paying particular attention to rookeries, 
 mating grounds, and areas of similar 
 significance, and on the availability of such 
 species or stock for taking for subsistence 
 uses pursuant to subsection (b) or section 
 109(f) or pursuant to a cooperative agreement 
 under section 119,
 (II) the measures that the Secretary 
 determines are necessary to ensure no 
 unmitigable adverse impact on the availability 
 of the species or stock for taking for 
 subsistence uses pursuant to subsection (b) or 
 section 109(f) or pursuant to a cooperative 
 agreement under section 119, and
 (III) requirements pertaining to the 
 monitoring and reporting of such taking by 
 harassment, including requirements for the 
 independent peer review of proposed monitoring 
 plans or other research proposals where the 
 proposed activity may affect the availability 
 of a species or stock for taking for 
 subsistence uses pursuant to subsection (b) or 
 section 109(f) or pursuant to a cooperative 
 agreement under section 119.
 (iii) The Secretary shall publish a proposed 
 authorization not later than 45 days after receiving an 
 application under this subparagraph and request public 
 comment through notice in the Federal Register, 
 newspapers of general circulation, and appropriate 
 electronic media and to all locally affected 
 communities for a period of 30 days after publication. 
 Not later than 45 days after the close of the public 
 comment period, if the Secretary makes the findings set 
 forth in clause (i), the Secretary shall issue an 
 authorization with appropriate conditions to meet the 
 requirements of clause (ii).
 (iv) The Secretary shall modify, suspend, or revoke 
 an authorization if the Secretary finds that the 
 provisions of clauses (i) or (ii) are not being met.
 (v) A person conducting an activity for which an 
 authorization has been granted under this subparagraph 
 shall not be subject to the penalties of this Act for 
 taking by harassment that occurs in compliance with 
 such authorization.
 (vi) 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)(I) 
 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.
 (vii) Notwithstanding clause (iii), 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.
 (E)(i) During any period of up to 3 consecutive 
 years, the Secretary shall allow the incidental, but 
 not the intentional, taking by persons using vessels of 
 the United States or vessels which have valid fishing 
 permits issued by the Secretary in accordance with 
 section 204(b) of the Magnuson Fishery Conservation and 
 Management Act (16 U.S.C. 1824(b)), while engaging in 
 commercial fishing operations, of marine mammals from a 
 species or stock designated as depleted because of its 
 listing as an endangered species or threatened species 
 under the Endangered Species Act of 1973 (16 U.S.C. 
 1531 et seq.) if the Secretary, after notice and 
 opportunity for public comment, determines that--
 (I) the incidental mortality and serious 
 injury from commercial fisheries will have a 
 negligible impact on such species or stock;
 (II) a recovery plan has been developed or is 
 being developed for such species or stock 
 pursuant to the Endangered Species Act of 1973; 
 and
 (III) where required under section 118, a 
 monitoring program is established under 
 subsection (d) of such section, vessels engaged 
 in such fisheries are registered in accordance 
 with such section, and a take reduction plan 
 has been developed or is being developed for 
 such species or stock.
 (ii) Upon a determination by the Secretary that the 
 requirements of clause (i) have been met, the Secretary 
 shall publish in the Federal Register a list of those 
 fisheries for which such determination was made, and, 
 for vessels required to register under section 118, 
 shall issue an appropriate permit for each 
 authorization granted under such section to vessels to 
 which this paragraph applies. Vessels engaged in a 
 fishery included in the notice published by the 
 Secretary under this clause which are not required to 
 register under section 118 shall not be subject to the 
 penalties of this Act for the incidental taking of 
 marine mammals to which this paragraph applies, so long 
 as the owner or master of such vessel reports any 
 incidental mortality or injury of such marine mammals 
 to the Secretary in accordance with section 118.
 (iii) If, during the course of the commercial fishing 
 season, the Secretary determines that the level of 
 incidental mortality or serious injury from commercial 
 fisheries for which a determination was made under 
 clause (i) has resulted or is likely to result in an 
 impact that is more than negligible on the endangered 
 or threatened species or stock, the Secretary shall use 
 the emergency authority granted under section 118 to 
 protect such species or stock, and may modify any 
 permit granted under this paragraph as necessary.
 (iv) The Secretary may suspend for a time certain or 
 revoke a permit granted under this subparagraph only if 
 the Secretary determines that the conditions or 
 limitations set forth in such permit are not being 
 complied with. The Secretary may amend or modify, after 
 notice and opportunity for public comment, the list of 
 fisheries published under clause (ii) whenever the 
 Secretary determines there has been a significant 
 change in the information or conditions used to 
 determine such list.
 (v) Sections 103 and 104 shall not apply to the 
 taking of marine mammals under the authority of this 
 subparagraph.
 (vi) This subparagraph shall not govern the 
 incidental taking of California sea otters and shall 
 not be deemed to amend or repeal the Act of November 7, 
 1986 (Public Law 99-625; 100 Stat. 3500).
 (F) Notwithstanding the provisions of this 
 subsection, any authorization affecting a military 
 readiness activity (as defined in section 315(f) of 
 Public Law 107-314; 16 U.S.C. 703 note) shall not be 
 subject to the following requirements:
 (i) In subparagraph (A), ``within a specified 
 geographical region'' and ``within that region 
 of small numbers''.
 (ii) In subparagraph (B), ``within a 
 specified geographical region'' and ``within 
 one or more regions''.
 (iii) In subparagraph (D), ``within a 
 specific geographic region'', ``of small 
 numbers'', and ``within that region''.
 (6)(A) A marine mammal product may be imported into 
 the United States if the product--
 (i) was legally possessed and exported by any 
 citizen of the United States in conjunction 
 with travel outside the United States, provided 
 that the product is imported into the United 
 States by the same person upon the termination 
 of travel;
 (ii) was acquired outside of the United 
 States as part of a cultural exchange by an 
 Indian, Aleut, or Eskimo residing in Alaska; or
 (iii) is owned by a Native inhabitant of 
 Russia, Canada, or Greenland and is imported 
 for noncommercial purposes in conjunction with 
 travel within the United States or as part of a 
 cultural exchange with an Indian, Aleut, or 
 Eskimo residing in Alaska.
 (B) For the purposes of this paragraph, the term--
 (i) ``Native inhabitant of Russia, Canada, or 
 Greenland'' means a person residing in Russia, 
 Canada, or Greenland who is related by blood, 
 is a member of the same clan or ethnological 
 grouping, or shares a common heritage with an 
 Indian, Aleut, or Eskimo residing in Alaska; 
 and
 (ii) ``cultural exchange'' means the sharing 
 or exchange of ideas, information, gifts, 
 clothing, or handicrafts between an Indian, 
 Aleut, or Eskimo residing in Alaska and a 
 Native inhabitant of Russia, Canada, or 
 Greenland, including rendering of raw marine 
 mammal parts as part of such exchange into 
 clothing or handicrafts through carving, 
 painting, sewing, or decorating.
 [(b) Except as provided in section 109, the provisions of 
this Act shall not apply with respect to the taking of any 
marine mammal by any Indian, Aleut, or Eskimo who resides in 
Alaska and who dwells on the coast of the North Pacific Ocean 
or the Arctic Ocean if such taking--
 [(1) is for subsistence purposes; or
 [(2) is done for purposes of creating and selling 
 authentic native articles of handicrafts and clothing: 
 Provided, That only authentic native articles of 
 handicrafts and clothing may be sold in interstate 
 commerce: And provided further, That any edible portion 
 of marine mammals may be sold in native villages and 
 towns in Alaska or for native consumption. For the 
 purposes of this subsection, the term ``authentic 
 native articles of handicrafts and clothing'' means 
 items composed wholly or in some significant respect of 
 natural materials, and which are produced, decorated, 
 or fashioned in the exercise of traditional native 
 handicrafts without the use of panto-graphs, multiple 
 carvers, or other mass copying devices. Traditional 
 native handicrafts include, but are not limited to 
 weaving, carving, stitching, sewing, lacing, beading, 
 drawing, and painting; and
 [(3) in each case, is not accomplished in a wasteful 
 manner.
Notwithstanding the preceding provisions of this subsection, 
when, under this Act, the Secretary determines any species or 
stock of marine mammal subject to taking by Indians, Aleuts, or 
Eskimos to be depleted, he may prescribe regulations upon 
thetaking of such marine mammals by any Indian, Aleut, or 
Eskimo described in this subsection. Such regulations may be 
established with reference to species or stocks, geographical 
description of the area included, the season for taking, or any 
other factors related to the reason for establishing such 
regulations and consistent with the purposes of this Act. Such 
regulations shall be prescribed after notice and hearing 
required by section 103 of this title and shall be removed as 
soon as the Secretary determines that the need for their 
imposition has disappeared. In promulgating any regulation or 
making any assessment pursuant to a hearing or proceeding under 
this subsection or section 117(b)(2), or in making any 
determination of depletion under this subsection or finding 
regarding unmitigable adverse impacts under subsection (a)(5) 
that affects stocks or persons to which this subsection 
applies, the Secretary shall be responsible for demonstrating 
that such regulation, assessment, determination, or finding is 
supported by substantial evidence on the basis of the record as 
a whole. The preceding sentence shall only be applicable in an 
action brought by one or more Alaska Native organizations 
representing persons to which this subsection applies.]
 (b) Exemption for Alaskan Natives.--
 (1) Definitions.--In this subsection:
 (A) Authentic alaska native article of 
 handicrafts and clothing.--The term ``authentic 
 Alaska Native article of handicrafts and 
 clothing'' means an item composed wholly, or in 
 some significant respect, of natural materials 
 and that is produced, decorated, or fashioned 
 in the exercise of traditional Alaska Native 
 handicrafts by an Alaska Native who resides in 
 Alaska and who dwells on the coast of the North 
 Pacific Ocean or the Arctic Ocean without the 
 use of a pantograph, multiple carvers, or any 
 other mass copying device.
 (B) Marine mammal ivory.--The term ``marine 
 mammal ivory'' includes a tooth or tusk from a 
 walrus (Odobenus rosmarus) or a species of 
 cetacean. 
 (C) Traditional alaska native handicrafts.--
 The term ``traditional Alaska Native 
 handicrafts'' includes weaving, carving, 
 stitching, sewing, lacing, beading, drawing, 
 and painting.
 (2) Exemption.--
 (A) In general.--Except as provided in 
 section 109, the provisions of this Act shall 
 not apply with respect to the taking of any 
 marine mammal by any Alaska Native who resides 
 in Alaska and who dwells on the coast of the 
 North Pacific Ocean or the Arctic Ocean if such 
 taking--
 (i)(I) is for subsistence purposes; 
 or
 (II) is done for purposes of creating 
 and selling authentic Alaska Native 
 articles of handicrafts and clothing; 
 and
 (ii) in each case, is not 
 accomplished in a wasteful manner.
 (B) Special rules.--
 (i) Interstate commerce of items.--An 
 item presented as an authentic Alaska 
 Native article of handicrafts and 
 clothing may be sold in interstate 
 commerce only if it comports with the 
 definition provided in paragraph 
 (1)(A).
 (ii) Edible portion of marine 
 mammal.--Any edible portion of a marine 
 mammal taken for the purpose of 
 creating and selling authentic Alaska 
 Native articles of handicrafts and 
 clothing may be sold for native 
 consumption or in a native village or 
 town in Alaska.
 (3) Limitations.--
 (A) In general.--Notwithstanding paragraph 
 (2), if, under this Act, the Secretary 
 determines any species or stock of marine 
 mammal subject to taking by Alaska Natives to 
 be depleted, the Secretary may prescribe 
 regulations upon the taking of such marine 
 mammals by any Alaska Native described in this 
 subsection.
 (B) Content of regulations.--The regulations 
 described in subparagraph (A) may be 
 established with reference to species or 
 stocks, geographical area, the season for 
 taking, or any other factors related to the 
 reason for establishing such regulations and 
 consistent with the purposes of this Act.
 (C) Notice and hearing; removal of 
 regulations.--The regulations described in 
 subparagraph (A) shall be prescribed after 
 notice and hearing required by section 103 of 
 this title and shall be removed as soon as the 
 Secretary determines that the need for their 
 imposition has disappeared.
 (D) Regulations to be supported by 
 substantial evidence.--In promulgating any 
 regulation or making any assessment pursuant to 
 a hearing or proceeding under this subsection 
 or section 117(b)(2), or in making any 
 determination of depletion under this 
 subsection or finding regarding unmitigable 
 adverse impacts under subsection (a)(5) that 
 affects stocks or persons to which this 
 subsection applies, the Secretary shall 
 demonstrate in writing (and make such writing 
 publicly available on the website of the 
 Secretary) that, in consideration of the whole 
 record, including Indigenous knowledge, such 
 regulation, assessment, determination, or 
 finding is supported by substantial evidence.
 (E) Applicability.--The requirement under 
 subparagraph (D) shall only be applicable in an 
 action brought by one or more Alaska Native 
 organizations representing persons to which 
 this subsection applies.
 (4) Prohibitions.--No State shall prohibit the 
 interstate commerce, importation, sale, offer for sale, 
 transfer, trade, barter, possession, or possession with 
 the intent to sell, transfer, trade, or barter of 
 marine mammal ivory or marine mammal bone or baleen 
 incorporated under this title by an Alaska Native, into 
 an authentic Alaska Native article of handicrafts and 
 clothing.
 (5) Rule of construction.--Nothing in this subsection 
 shall be construed to--
 (A) impact the rights of any Indian Tribe (as 
 defined in section 4 of the Indian Self-
 Determination and Education Assistance Act (25 
 U.S.C. 5304)) in effect on the date of 
 enactment of the Alaska's Right to Ivory Sales 
 and Tradition Act; or
 (B) undermine any government-to-government 
 consultation or engagement.
 (c) It shall not be a violation of this Act to take a marine 
mammal if such taking is imminently necessary in self-defense 
or to save the life of a person in immediate danger, and such 
taking is reported to the Secretary within 48 hours. The 
Secretary may seize and dispose of any carcass.
 (d) Good Samaritan Exemption.--It shall not be a violation of 
this Act to take a marine mammal if--
 (1) such taking is imminently necessary to avoid 
 serious injury, additional injury, or death to a marine 
 mammal entangled in fishing gear or debris;
 (2) reasonable care is taken to ensure the safe 
 release of the marine mammal, taking into consideration 
 the equipment, expertise, and conditions at hand;
 (3) reasonable care is exercised to prevent any 
 further injury to the marine mammal; and
 (4) such taking is reported to the Secretary within 
 48 hours.
 (e) Act Not to Apply to Incidental Takings by United States 
Citizens Employed on Foreign Vessels Outside the United States 
EEZ.--The provisions of this Act shall not apply to a citizen 
of the United States who incidentally takes any marine mammal 
during fishing operations outside the United States exclusive 
economic zone (as defined in section 3 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802)) when 
employed on a foreign fishing vessel of a harvesting nation 
which is in compliance with the International Dolphin 
Conservation Program.
 (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.

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