(a) A Federal, State or local government official or employee may take a marine mammal
in the course of his duties as an official or employee and no permit shall be required,
if such taking:
(1) Is accomplished in a humane manner;
(2) Is for the protection or welfare of such mammal or from the protection of the public
health or welfare; and
(3) Includes steps designed to insure return of such mammal, if not killed in the course
of such taking, to its natural habitat. In addition, any such official or employee may, incidental to such taking, possess
and transport, but not sell or offer for sale, such mammal and use any port, harbor
or other place under the jurisdiction of the United States. All steps reasonably practicable under the circumstances shall be taken by any such
employee or official to prevent injury or death to the marine mammal as the result
of such taking.
(b) Each taking permitted under this section should be included in a written report,
to be submitted to the Director every six months, beginning December 31, 1973. Unless otherwise permitted by the Director, the report shall contain a description
(1) The animal involved;
(2) The circumstances requiring the taking;
(3) The method of taking;
(4) The name and official position of the State official or employee involved;
(5) The disposition of the animal, including in cases where the animal has been retained
in captivity, a description of the place and means of confinement and the measures
taken for its maintenance and care; and
(6) Such other information as the Director may require.
The reports shall be mailed to the Director, U.S. Fish and Wildlife Service, U.S.
Department of the Interior, Washington, DC 20240.
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