wildlife resources conservation and protection act pdf

Wildlife resources conservation and protection act pdf

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Government that Works

Wildlife conservation

Introduction

Government that Works

Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population.

In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man's actions;.

A move in interstate commerce, or B affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce, and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and. Whenever consistent with this primary objective, it should be the goal to obtain an optimum sustainable population keeping in mind the carrying capacity of the habitat.

A the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population;. B a State, to which authority for the conservation and management of a species or population stock is transferred under section of this title, determines that such species or stock is below its optimum sustainable population; or.

C a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of [16 U. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement.

Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking. A is morphologically adapted to the marine environment including sea otters and members of the orders Sirenia, Pinnipedia and Cetacea , or. B primarily inhabits the marine environment such as the polar bear ; and, for the purposes of this chapter, includes any part of any such marine mammal, including its raw, dressed, or dyed fur or skin.

B any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government. B the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the other boundary is a line drawn in such a manner that each point on it is nautical miles from the baseline from which the territorial sea is measured; and.

C the areas referred to as eastern special areas in Article 3 1 of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, ; in particular, those areas east of the maritime boundary, as defined in that Agreement, that lie within nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured, except that this subparagraph shall not apply before the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, , enters into force for the United States.

A one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and. B in any other case, means an organization consisting of those nations participating in a tuna fishery, the purpose of which is the conservation and management of that fishery and the management of issues relating to that fishery.

C The term "Level A harassment" means harassment described in subparagraph A i or, in the case of a military readiness activity or scientific research activity described in subparagraph B , harassment described in subparagraph B i.

D The term "Level B harassment" means harassment described in subparagraph A ii or, in the case of a military readiness activity or scientific research activity described in subparagraph B , harassment described in subparagraph B ii. A for which the level of direct human-caused mortality exceeds the potential biological removal level;. The potential biological removal level is the product of the following factors:. B One-half the maximum theoretical or estimated net productivity rate of the stock at a small population size.

A is based on the best available scientific information on abundance, incorporating the precision and variability associated with such information; and. The provisions of this Act shall take effect upon the expiration of the sixty day period following the date of its enactment.

Such permits, except permits issued under section c 5 of this title, 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 subchapter III of this chapter. The Commission and Committee shall recommend any proposed taking or importation, other than importation under section c 5 of this title, which is consistent with the purposes and policies of section of this title.

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.

Such authorizations may be granted under subchapter IV of this chapter with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that subchapter by the Secretary without regard to section of this title.

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 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;.

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 section f of this title; or. 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 a of title 22 for as long as such ban is in effect; and. 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.

A Except as provided in subparagraphs B and C , the provisions of this chapter shall not apply to the use of measures—. 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. Actions to deter marine mammals consistent with such guidelines or specific measures shall not be a violation of this chapter.

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 chapter.

D The authority to deter marine mammals pursuant to subparagraph A applies to all marine mammals, including all stocks designated as depleted under this chapter. 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.

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—.

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 of this section, or section f of this title or pursuant to a cooperative agreement under section of this title. 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 of this section or section f of this title or pursuant to a cooperative agreement under section of this title,.

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 of this section or section f of this title or pursuant to a cooperative agreement under section of this title, 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 of this section or section f of this title or pursuant to a cooperative agreement under section of this title. 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.

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 ; and. III where required under section of this title, 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.

Vessels engaged in a fishery included in the notice published by the Secretary under this clause which are not required to register under section of this title shall not be subject to the penalties of this chapter 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 of this title.

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. F Notwithstanding the provisions of this subsection, any authorization affecting a military readiness activity as defined in section f of Public Law —; 16 U. 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 pantographs, 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.

Notwithstanding the preceding provisions of this subsection, when, under this chapter, 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 the taking 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 chapter.

Such regulations shall be prescribed after notice and hearing required by section 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 b 2 of this title, or in making any determination of depletion under this subsection or finding regarding unmitigable adverse impacts under subsection a 5 of this section 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. The Secretary may seize and dispose of any carcass.

A subject to subparagraph B , shall be effective for a period specified by the Secretary of Defense; and. A The Secretary of Defense may issue additional exemptions under this subsection for the same action or category of actions, after—. 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.

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.

A for any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States; or. B for any person to use any port, harbor, or other place under the jurisdiction of the United States to take or import marine mammals or marine mammal products; and. B for any purpose other than public display, scientific research, or enhancing the survival of a species or stock as provided for under subsection c ; and.

Notwithstanding the provisions of paragraphs 1 and 2 , the Secretary may issue a permit for the importation of a marine mammal, if the Secretary determines that such importation is necessary for the protection or welfare of the animal.

A the importation into the United States of the marine mammal from which such product is made is unlawful under paragraph 1 of this subsection; or. His report shall describe those actions taken and those measures believed necessary, including where appropriate, the issuance of permits pursuant to this title to assure the well-being of such marine mammals. Permits for the incidental taking of marine mammals in the course of commercial fishing operations may only be issued as specifically provided for in sections a 5 or , or subsection h of this section.

B the location and manner which manner must be determined by the Secretary to be humane in which they may be taken, or from which they may be imported,. D any other terms or conditions which the Secretary deems appropriate.

In any case in which an application for a permit cites as a reason for the proposed taking the overpopulation of a particular species or population stock, the Secretary shall first consider whether or not it would be more desirable to transplant a number of animals but not to exceed the number requested for taking in the application of that species or stock to a location not then inhabited by such species or stock but previously inhabited by such species or stock.

Any person authorized to take or import a marine mammal for purposes of scientific research, public display, or enhancing the survival or recovery of a species or stock shall furnish to the Secretary a report on all activities carried out by him pursuant to that authority.

A A permit may be issued to take or import a marine mammal for the purpose of public display only to a person which the Secretary determines—. B A permit under this paragraph shall grant to the person to which it is issued the right, without obtaining any additional permit or authorization under this Act, to—.

I for the purpose of public display, to a person that meets the requirements of clauses i , ii , and iii of subparagraph A ;. II for the purpose of scientific research, to a person that meets the requirements of paragraph 3 ; or. III for the purpose of enhancing the survival or recovery of a species or stock, to a person that meets the requirements of paragraph 4. C A person to which a marine mammal is sold or exported or to which possession of a marine mammal is otherwise transferred under the authority of subparagraph B shall have the rights and responsibilities described in subparagraph B with respect to the marine mammal without obtaining any additional permit or authorization under this Act.

Such responsibilities shall be limited to—. The Secretary may recover from the person expenses incurred by the Secretary for that seizure. E No marine mammal held pursuant to a permit issued under subparagraph A , or by a person exercising rights under subparagraph C , may be sold, purchased, exported, or transported unless the Secretary is notified of such action no later than 15 days before such action, and such action is for purposes of public display, scientific research, or enhancing the survival or recovery of a species or stock.

The Secretary may only require the notification to include the information required for the inventory established under paragraph A The Secretary may issue a permit under this paragraph for scientific research purposes to an applicant which submits with its permit application information indicating that the taking is required to further a bona fide scientific purpose.

The Secretary may issue a permit under this paragraph before the end of the public review and comment period required under subsection d 2 if delaying issuance of the permit could result in injury to a species, stock, or individual, or in loss of unique research opportunities. B No permit issued for purposes of scientific research shall authorize the lethal taking of a marine mammal unless the applicant demonstrates that a nonlethal method of conducting the research is not feasible.

The Secretary shall not issue a permit for research which involves the lethal taking of a marine mammal from a species or stock that is depleted, unless the Secretary determines that the results of such research will directly benefit that species or stock, or that such research fulfills a critically important research need.

C Not later than days after the date of enactment of the Marine Mammal Protection Act Amendments of [August 28, ], the Secretary shall issue a general authorization and implementing regulations allowing bona fide scientific research that may result only in taking by Level B harassment of a marine mammal.

Such authorization shall apply to persons which submit, by 60 days before commencement of such research, a letter of intent via certified mail to the Secretary containing the following:. Not later than 30 days after receipt of a letter of intent to conduct scientific research under the general authorization, the Secretary shall issue a letter to the applicant confirming that the general authorization applies, or, if the proposed research is likely to result in the taking including Level A harassment of a marine mammal, shall notify the applicant that subparagraph A applies.

A A permit may be issued for enhancing the survival or recovery of a species or stock only with respect to a species or stock for which the Secretary, after consultation with the Marine Mammal Commission and after notice and opportunity for public comment, has first determined that—.

Wildlife conservation

Begun and held in Metro Manila, on Monday, the ninetenth day of March, two thousand one. Declaration of Policy. In the pursuit of this policy, this Act shall have the following objectives:. Scope of Application. The Department of Agriculture DA shall have jurisdiction over all declared aquatic critical habitats, all aquatic resources, including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR and the DA shall review, and, by joint administrative order, revise and regularly update the list of species under their respective jurisdiction. Definition of Terms.

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Approved on July 30, An Act providing for the conservation and protection of wildlife resources and their habitats, appropriating finds.


Introduction

Wildlife conservation refers to the practice of protecting wild species and their habitats in order to maintain healthy wildlife species or populations and to restore, protect or enhance natural ecosystems. The IUCN estimates that 27, species of the ones assessed are at risk for extinction. Expanding to all existing species, a UN report on biodiversity put this estimate even higher at a million species.

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Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man's actions;.

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It set up the ability for citizens to support the management of wild resources by creating a contribution opportunity through a tax check-off and license plate program, furthering management and conservation. The program provides grants and facilitates the flow of information between researchers, conservationists, and educators. The Wild Resource Conservation Program relies on the generosity of people like you to carry out the important work of conserving biodiversity. The program receives no funding from the Pennsylvania state budget. The following are ways you can support the work of WRCP.

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand seventeen. Section 1. Section 2. Section 2 of Republic Act No. Declaration of Policy. The System shall recognize conservation areas and the management regimes being implemented by local government units LGUs , local communities and indigenous peoples IPs. Section 3.

Law Library. ChanRobles Professional Review, Inc. Intellectual Property. Chan Robles Virtual Law Library. Amending Certain Sections of R. Presidential Decree No.

Republic Act No. 9147

What the law is all about? The law is a commitment of the Philippines to the International community to Biodiversity.

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