Sec. 3. Permitted taking of grizzly bears
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The Secretary may issue a permit in accordance with this section authorizing the taking, possession, or transport of a grizzly bear, or any part thereof, that is otherwise prohibited by section 2. The Secretary may issue a permit under this section only if the Secretary has— investigated the circumstances that gave rise to the permit application; determined that such taking, possession, or transport is compatible with the protection of the grizzly bear species or a population of grizzly bears occupying a geographically distinct area; and determined that such taking, possession, or transport is an allowable taking, possession, or transport under subsection (c).
For the purpose of subsection (b)(3), an allowable taking, possession, or transport is any of the following: Taking, possessing, or transporting a grizzly bear, or any part thereof, for the scientific or exhibition purposes of a— public museum; scientific society; or zoological park that is accredited by the Association of Zoos and Aquariums. Taking, possessing, or transporting a grizzly bear, or any part thereof, for the religious purposes of a federally recognized Indian Tribe.
Subject to subparagraph (B), taking, possessing, or transporting a grizzly bear, or any part thereof, during such time period and in such location as the Secretary determines to be necessary to protect agricultural interests or public safety in such location. Before making a determination under subparagraph
(A)with respect to a taking— the Governor of the State in which the taking will occur must request, in writing, that the Secretary make such determination; the Secretary must conclude that nonlethal deterrents have been used in such location and proven ineffective to mitigate the threat of the grizzly bear to agricultural interests or public safety; and the Secretary must determine, in consultation with the Interagency Grizzly Bear Study Team and each federally recognized Indian Tribe identified in the report required under section 6(a)(2), that the grizzly bear cannot be relocated to support— efforts under section 6 to reintroduce grizzly bears on Tribal land; or recovery efforts for a grizzly bear population listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). The Secretary may not issue a permit under this section for the taking of a grizzly bear if such taking would cause the total mortality for any population or subpopulation of grizzly bears to exceed the scientifically recommended limit determined by the Interagency Grizzly Bear Study Team. Nothing in this section may be construed to allow sport hunting of grizzly bears. A person who has been issued a permit under this section may not sell, transfer, assign, or otherwise alienate the authority granted to such person by such permit. Taking, possessing, or transporting a grizzly bear, or any part thereof, under this Act shall be conducted in a manner consistent with— the conditions of the permit authorizing such taking, possession, or transport; and the provisions of this Act.
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Sec. 3
Permitted taking of grizzly bears
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