10 U.S.C. § 8754: Marine mammals: use for national defense purposes

Subject to subsection (c), the Secretary of Defense may authorize the taking of not more than 25 marine mammals each year for national defense purposes. Any such authorization may be made only with the concurrence of the Secretary of Commerce and after consultation with the Marine Mammal Commission established by section 201 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1401 ). A mammal taken under this section shall be captured, supervised, cared for, transported, and deployed in a humane manner consistent with conditions established by the Secretary of Commerce. A mammal may not be taken under this section if the mammal is determined to be a member of an endangered or threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). This section applies without regard to the provisions of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq.). port security at Navy bases, known as Mark-6 systems; or mine search capabilities, known as Mark-7 systems. identified a replacement capability and the necessary quantity of such capability to meet all operational requirements currently being met by the Marine Mammal Program, including a detailed explanation of such capability and quantity; achieved initial operational capability of all capabilities referred to in paragraph (1), including a detailed explanation of such achievement; and deployed a sufficient quantity of capabilities referred to in paragraph (1) that have achieved initial operational capability to continue to meet or exceed all operational requirements currently being met by Marine Mammal Program, including a detailed explanation of such deployment.”