Page:United States Statutes at Large Volume 108 Part 1.djvu/562

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108 STAT. 536 PUBLIC LAW 103-238—APR. 30, 1994 amend or repeal the Act of November 7, 1986 (Public Law 99-625; 100 Stat. 3500)."; and (6) by adding at the end the following new psiragraph: "(6)(A) A marine mammal product may be imported into theUnitedStatesif 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) ACTIONS AFFECTING SECTION 101(b).—Section 101(b) (16 U.S.C. 1371(b)) is amended by adding at the end the following new sentences: "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 appHcable in an action brought by one or more Alaska Native organizations representing persons to which this subsection applies.". (c) TAKING IN DEFENSE OF SELF OR OTHERS.— Section 101(c) (16 U.S.C. 1371(c)) is amended to read as follows: "(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.". SEC. 5. PERMITS. (a) PROHIBITIONS.— Section 102(a) (16 U.S.C. 1372(a)) is amended—