108 STAT. 532 PUBLIC LAW 103-238—APR. 30, 1994 Public Law 103-238 103d Congress An Act A SO 1994 '^° authorize appropriations for the Marine Mammal Protection Act of 1972 and ——'- to improve the program to reduce the incidental taking of marine mammals [S. 1636] during the coursi; of commercial fishing operations, and for other purposes. Be it enacted by the Senate and House of Representatives of Marine Mammal the United States of America in Congress assembled, Protection Act Amendments of SECTION 1. SHORT TITLE. 16 USC 1361 '^^*^ ^^* TM^y ^^ cited as the "Marine Mammal Protection note. Act Amendments of 1994". SEC. 2. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972. (a) REFERENCES. — Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.). 16 USC 1361 (b) RELATIONSHIP TO OTHER LAW. — Except as otherwise ^°^- expressly provided, nothing in this Act is intended to amend, repeal, or otherwise affect any other provision of law. SEC. 3. FINDINGS AND DECLARATION OF POLICY. Section 2 (16 U.S.C. 1361) is amended— (1) in paragraph (2) by inserting "essential habitats, including" after made to protect"; and (2) in paragraph (5) in the matter following subparagraph (B) by inserting "and their habitats" before "is therefore necessary". SEC. 4. MORATORIUM AND EXCEPTIONS. (a) IN GENERAL. —Section 101(a) (16 U.S.C. 1371(a)) is amended— (1) by amending paragraph (1) to read as follows: "(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
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