PUBLIC LAW 103-238—APR. 30, 1994 108 STAT. 533 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) in paragraph (2) in the first sentence, by inserting before the period at the end the following: ", 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"; (3) in paragraph (3)(B)— (A) by inserting ", photography for educational or commercial purposes," after "purposes"; and (B) by inserting "or as provided for xuider paragraph (5) of this subsection," after "subsection,"; (4) by amending paragraph (4) to read as follows: "(4)(A) Except as provided in subparagraphs (B) and (C), the provisions of this Act shall not apply to the use of measiu*es— "(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 mEunmal from damaging public property, so long as such measures do not result in the death or serious injunr of a marine mammal. (B) The Secretary shall, through consultation with appro- Federal priate experts, and after notice and opportunity for public com- pufligation ment, publish in the Federal Register a Ust 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) in paragraph (5) by adding at the end the following new subparagraphs: "(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
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