Authorization of take

(a) Permits and regulatory authorization (1) In general The Secretary, in consultation with the Secretary of Commerce, as appropriate, may, subject to the limitations of the terms of the Agreement and other applicable law, authorize by permit or regulation the deliberate taking of any covered albatrosses and petrels— (A) to enhance the propagation, reestablishment, or survival of those covered albatrosses and petrels; (B) on a selective basis and to a limited extent, for scientific, educational, or similar purposes; (C) to accommodate the traditional needs and practices of indigenous people; (D) for the purposes of assistance or salvage pursuant to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); or (E) in other exceptional circumstances as determined by the Secretary. (2) Other take The Secretary may authorize by permit or regulation the take of covered albatrosses or petrels not otherwise provided for in this Act that is incidental to otherwise lawful activities. (3) Limitations A permit or regulatory authorization under this subsection— (A) shall be limited in area and duration of application; and (B) shall not— (i) result in the elimination of the favorable conservation status for any covered albatrosses and petrels; or (ii) authorize any activity otherwise prohibited by any other statute or regulation. (4) Access to breeding sites Any permit or other regulatory authorization under this subsection that authorizes access to breeding sites of covered albatrosses and petrels, including for purposes of scientific research, shall contain terms and conditions to minimize unnecessary disturbance to covered albatrosses and petrels, and to minimize the impact on their habitats. (b) Exceptions The taking of covered albatrosses and petrels is not prohibited by this Act if— (1) the taking is necessary to avoid imminent suffering, serious injury, additional injury, or death to any covered albatrosses and petrels hooked or entangled in fishing gear or debris; (2) reasonable care is taken to ensure the safe and expeditious release of the covered albatrosses and petrels; and (3) the taking is reported to the Secretary of Commerce in a timely manner.