Exemption

(a) Military activities (1) In general It shall not be a violation of this Act for personnel of the Department of Defense to take covered albatrosses and petrels incidental to military activities. (2) Vessels and aircraft This Act shall not apply to vessels and aircraft entitled to sovereign immunity under international law. (3) Guidance to avoid or minimize take The Secretary, in consultation with the Secretary of Commerce and the Secretary of Defense, may issue guidance to minimize, to the extent practicable, the take of covered albatrosses and petrels that is incidental to military activities. (b) Coast Guard activities (1) Law enforcement Nothing in this section shall be considered to limit the authority of the Coast Guard to enforce this or any other Federal law under section 89 of title 14, United States Code. (2) Emergency response It shall not be a violation of this Act for the Coast Guard to take any covered albatrosses and petrels incidental to any emergency response or search and rescue activity. (c) Other activities Take of any covered albatrosses and petrels is not unlawful if the take was caused by any officer who is authorized by the Secretary, the Secretary of Commerce, or the head of any Federal or State agency that has entered into an agreement with the Secretary or the Secretary of Commerce under section 403, to enforce this Act while performing official duties. (d) Bycatch of covered albatrosses and petrels in fisheries It shall not be a violation of this Act for any person to take covered albatrosses and petrels as bycatch incidental to otherwise lawful fishing activities, if carried out in accordance with applicable measures to minimize the bycatch of covered albatrosses and petrels undertaken pursuant to section 104(c).