US (United States) Code. Title 16. Chapter 31: Marine mammal protection

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 31 - MARINE MAMMAL PROTECTION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

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-HEAD-

CHAPTER 31 - MARINE MAMMAL PROTECTION

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SUBCHAPTER I - GENERALLY

Sec.

1361. Congressional findings and declaration of policy.

1362. Definitions.

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

1371. Moratorium on taking and importing marine mammals and marine

mammal products.

(a) Imposition; exceptions.

(b) Exemptions for Alaskan natives.

(c) Taking in defense of self or others.

(d) Good Samaritan exemption.

(e) Chapter not to apply to incidental takings by

United States citizens employed on foreign

vessels outside United States EEZ.

1372. Prohibitions.

(a) Taking.

(b) Importation of pregnant or nursing mammals;

depleted species or stock; inhumane taking.

(c) Importation of illegally taken mammals.

(d) Nonapplicability of prohibitions.

(e) Retroactive effect.

(f) Commercial taking of whales.

1373. Regulations on taking of marine mammals.

(a) Necessity and appropriateness.

(b) Factors considered in prescribing regulations.

(c) Allowable restrictions.

(d) Procedure.

(e) Periodic review.

(f) Report to Congress.

1374. Permits.

(a) Issuance.

(b) Requisite provisions.

(c) Importation for scientific research, public

display, or enhancing survival or recovery of

species or stock.

(d) Application procedures; notice; hearing; review.

(e) Modification, suspension, and revocation.

(f) Possession of permit by issuee or his agent.

(g) Fees.

(h) General permits.

1375. Penalties.

1375a. Use of fines for protection and recovery of manatees, polar

bears, sea otters, and walruses.

1376. Seizure and forfeiture of cargo.

(a) Application of consistent provisions.

(b) Penalties.

(c) Reward for information leading to conviction.

1377. Enforcement.

(a) Utilization of personnel.

(b) State officers and employees.

(c) Warrants and other process for enforcement.

(d) Execution of process; arrest; search; seizure.

(e) Disposition of seized cargo.

1378. International program.

(a) Duties of Secretary.

(b) Consultations and studies concerning North

Pacific fur seals.

(c) Description of annual results of discussions;

proposals for further action.

1379. Transfer of management authority.

(a) State enforcement of State laws or regulations

prohibited without transfer to State of

management authority by Secretary.

(b) Findings prerequisite to transfer of authority;

State program; implementation.

(c) Standards with which State process must comply.

(d) Cooperative allocation agreements.

(e) Revocation of transfer of management authority.

(f) Transfer of management authority to State of

Alaska.

(g) Environmental impact statement not required.

(h) Taking of marine mammals as part of official

duties.

(i) Regulations covering taking of marine mammals by

Alaskan natives.

(j) Grants to develop or administer State

conservation and management programs.

(k) Delegation of administration and enforcement to

States.

(l) Authorization of appropriations.

1380. Marine mammal research grants.

(a) Authorization; research concerning yellowfin

tuna; annual report.

(b) Terms and conditions.

(c) Gulf of Maine ecosystem protection.

(d) Bering Sea ecosystem protection.

1381. Commercial fisheries gear development.

(a) Research and development program; report to

Congress; authorization of appropriations.

(b) Reduction of level of taking of marine mammals

incidental to commercial fishing operations.

(c) Reduction of level of taking of marine mammals in

tuna fishery.

(d) Research and observation.

1382. Regulations and administration.

(a) Consultation with Federal agencies.

(b) Cooperation by Federal agencies.

(c) Contracts, leases and cooperative agreements.

(d) Annual review; suspension of program.

(e) Measures to alleviate impacts on strategic

stocks.

1383. Application to other treaties and conventions.

(a) Generally; findings; waiver of penalties.

(b) Review of effectiveness of Agreement on the

Conservation of Polar Bears.

(c) Review of implementation of Agreement on the

Conservation of Polar Bears; report.

(d) Consultation regarding conservation of polar

bears in Russia and Alaska; report.

1383a. Interim exemption for commercial fisheries.

(a) Effective and termination dates of preemptive

provisions; law governing incidental taking of

marine mammals in course of commercial

yellowfin tuna fishing.

(b) Proposed and final list of fisheries taking

marine mammals; publication in Federal

Register; grant of exemption; conditions;

suspension of grant of exemption;

administration of exemption provisions; fees.

(c) Compilation of information by vessel owners;

contents.

(d) Program for enhancement and verification of

information received from vessel owners;

confidentiality of information.

(e) Observers on board exempted vessels;

confidentiality of information; authorization

of appropriations.

(f) Alternative observation program.

(g) Review of information and evaluation of effects

of incidental taking on population stocks of

marine mammals; promulgation of emergency

regulations to mitigate immediate and

significant adverse impacts; action to mitigate

non-immediate impacts.

(h) Information and management system for processing

and analyzing reports and information;

accessibility to public.

(i) Utilization of services of State and Federal

agencies and private entities.

(j) Confidentiality of information; exceptions.

(k) Regulations.

(l) Suggested regime governing incidental taking of

marine mammals following termination of interim

exemptions.

(m) Consultation with Secretary of the Interior.

(n) Owner of fixed commercial fishing gear deemed

owner of vessel engaged in fishery in which

gear deployed.

(o) Definitions.

1383b. Status review; conservation plans.

(a) Determinations by rule; notice and hearing;

findings; final rule on status of species or

stock involved.

(b) Conservation plans; preparation and

implementation.

1384. Authorization of appropriations.

(a) Department of Commerce.

(b) Department of the Interior.

1385. Dolphin protection.

(a) Short title.

(b) Findings.

(c) Definitions.

(d) Labeling standard.

(e) Enforcement.

(f) Regulations.

(g) Secretarial findings.

(h) Certification by captain and observer.

1386. Stock assessments.

(a) In general.

(b) Public comment.

(c) Review and revision.

(d) Regional scientific review groups.

(e) Effect on section 1371(b) of this title.

1387. Taking of marine mammals incidental to commercial fishing

operations.

(a) In general.

(b) Zero mortality rate goal.

(c) Registration and authorization.

(d) Monitoring of incidental takes.

(e) Reporting requirement.

(f) Take reduction plans.

(g) Emergency regulations.

(h) Penalties.

(i) Assistance.

(j) Contributions.

(k) Consultation with Secretary of the Interior.

(l) Definitions.

1388. Marine mammal cooperative agreements in Alaska.

(a) In general.

(b) Grants.

(c) Effect of jurisdiction.

(d) Authorization of appropriations.

1389. Pacific Coast Task Force; Gulf of Maine.

(a) Pinniped removal authority.

(b) Application.

(c) Actions in response to application.

(d) Considerations.

(e) Limitation.

(f) California sea lions and Pacific harbor seals;

investigation and report.

(g) Regionwide pinniped-fishery interaction study.

(h) Gulf of Maine Task Force.

(i) Requirements applicable to task forces.

(j) Gulf of Maine harbor porpoise.

SUBCHAPTER III - MARINE MAMMAL COMMISSION

1401. Establishment.

(a) Designation.

(b) Membership and term of office.

(c) Chairman.

(d) Compensation; reimbursement for travel expenses.

(e) Executive Director.

1402. Duties of Commission.

(a) Reports and recommendations.

(b) Consultation with Secretary; reports to Secretary

before publication.

(c) Availability of reports for public inspection.

(d) Recommendations; explanation for nonadoption.

1403. Committee of Scientific Advisors on Marine Mammals.

(a) Establishment; membership.

(b) Compensation; reimbursement for travel expenses.

(c) Consultation with Commission on studies and

recommendations; explanation for nonadoption.

1404. Omitted.

1405. Coordination with other Federal agencies.

1406. Administration.

1407. Authorization of appropriations.

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

1411. Findings and policy.

(a) Findings.

(b) Policy.

1412. International Dolphin Conservation Program.

1413. Regulatory authority of Secretary.

(a) Regulations.

(b) Consultation.

(c) Emergency regulations.

1414. Repealed.

1414a. Research.

(a) Required research.

(b) Other research.

(c) Authorization of appropriations.

1415. Reports by Secretary.

1416. Permits.

(a) In general.

(b) Permit sanctions.

1417. Prohibitions.

(a) In general.

(b) Penalties.

(c) Civil forfeitures.

1418. Repealed.

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

1421. Establishment of Program.

(a) Establishment.

(b) Purposes.

1421a. Determination; data collection and dissemination.

(a) Determination for release.

(b) Collection.

(c) Availability.

1421b. Stranding response agreements.

(a) In general.

(b) Required provision.

(c) Review.

1421c. Unusual mortality event response.

(a) Response.

(b) Contingency plan.

(c) Onsite coordinators.

1421d. Unusual mortality event activity funding.

(a) Establishment of Fund.

(b) Uses.

(c) Deposits into Fund.

(d) Acceptance of donations.

1421e. Liability.

(a) In general.

(b) Limitation.

1421f. National Marine Mammal Tissue Bank and tissue analysis.

(a) Tissue Bank.

(b) Tissue analysis.

(c) Data base.

(d) Access.

1421f-1. John H. Prescott Marine Mammal Rescue Assistance Grant

Program.

(a) In general.

(b) Application.

(c) Consultation.

(d) Limitation.

(e) Matching requirement.

(f) Administrative expenses.

(g) Definitions.

(h) Authorization of appropriations.

1421g. Authorization of appropriations.

1421h. Definitions.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1375a, 1543, 1881, 1881a,

1881b, 2407, 2408, 3125, 6406 of this title; title 10 section 7524.

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16 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER I - GENERALLY

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SUBCHAPTER I - GENERALLY

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16 USC Sec. 1361 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1361. Congressional findings and declaration of policy

-STATUTE-

The Congress finds that -

(1) certain species and population stocks of marine mammals

are, or may be, in danger of extinction or depletion as a result

of man's activities;

(2) such species and population stocks should not be permitted

to diminish beyond the point at which they cease to be a

significant functioning element in the ecosystem of which they

are a part, and, consistent with this major objective, they

should not be permitted to diminish below their optimum

sustainable population. Further measures should be immediately

taken to replenish any species or population stock which has

already diminished below that population. In particular, efforts

should be made to protect essential habitats, including the

rookeries, mating grounds, and areas of similar significance for

each species of marine mammal from the adverse effect of man's

actions;

(3) there is inadequate knowledge of the ecology and population

dynamics of such marine mammals and of the factors which bear

upon their ability to reproduce themselves successfully;

(4) negotiations should be undertaken immediately to encourage

the development of international arrangements for research on,

and conservation of, all marine mammals;

(5) marine mammals and marine mammal products either -

(A) move in interstate commerce, or

(B) affect the balance of marine ecosystems in a manner which

is important to other animals and animal products which move in

interstate commerce,

and that the protection and conservation of marine mammals and

their habitats is therefore necessary to insure the continuing

availability of those products which move in interstate commerce;

and

(6) marine mammals have proven themselves to be resources of

great international significance, esthetic and recreational as

well as economic, and it is the sense of the Congress that they

should be protected and encouraged to develop to the greatest

extent feasible commensurate with sound policies of resource

management and that the primary objective of their management

should be to maintain the health and stability of the marine

ecosystem. Whenever consistent with this primary objective, it

should be the goal to obtain an optimum sustainable population

keeping in mind the carrying capacity of the habitat.

-SOURCE-

(Pub. L. 92-522, Sec. 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L.

97-58, Sec. 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103-238,

Sec. 3, Apr. 30, 1994, 108 Stat. 532.)

-MISC1-

AMENDMENTS

1994 - Par. (2). Pub. L. 103-238, Sec. 3(1), inserted ''essential

habitats, including'' after ''made to protect''.

Par. (5). Pub. L. 103-238, Sec. 3(2), inserted ''and their

habitats'' before ''is therefore necessary'' in concluding

provisions.

1981 - Par. (6). Pub. L. 97-58 substituted ''carrying capacity''

for ''optimum carrying capacity''.

EFFECTIVE DATE

Section 4 of Pub. L. 92-522 provided that: ''The provisions of

this Act (enacting this chapter) shall take effect upon the

expiration of the sixty-day period following the date of its

enactment (Oct. 21, 1972).''

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-555, Sec. 1, Dec. 21, 2000, 114 Stat. 2765, provided

that: ''This Act (enacting section 1421f-1 of this title, amending

sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a

to 5108, and 5156 of this title, enacting provisions set out as

notes under this section and sections 917a, 1433, 5101, and 5107 of

this title, and amending provisions set out as a note under section

1855 of this title) may be cited as the 'Striped Bass Conservation,

Atlantic Coastal Fisheries Management, and Marine Mammal Rescue

Assistance Act of 2000'.''

Pub. L. 106-555, title II, Sec. 201, Dec. 21, 2000, 114 Stat.

2767, provided that: ''This title (enacting section 1421f-1 of this

title, amending sections 1362, 1421g, 1421h, 1433, and 1434 of this

title, enacting provisions set out as notes under sections 917a and

1433 of this title, and amending provisions set out as a note under

section 1855 of this title) may be cited as the 'Marine Mammal

Rescue Assistance Act of 2000'.''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-42, Sec. 1(a), Aug. 15, 1997, 111 Stat. 1122,

provided that: ''This Act (enacting sections 962, 1412, 1413, 1414a

to 1416 of this title, amending sections 952, 953, 1362, 1371,

1374, 1378, 1380, 1385, 1411, and 1417 of this title, repealing

sections 1412 to 1416 and 1418 of this title, and enacting

provisions set out as notes under this section and section 1362 of

this title) may be cited as the 'International Dolphin Conservation

Program Act'.''

SHORT TITLE OF 1994 AMENDMENT

Section 1 of Pub. L. 103-238 provided that: ''This Act (enacting

sections 1386 to 1389 of this title, amending this section and

sections 1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384,

1407, 1421 to 1421h, and 4107 of this title, repealing sections

1384 and 1407 of this title, and enacting provisions set out as

notes under this section and sections 1362, 1374, 1538, and 1539 of

this title) may be cited as the 'Marine Mammal Protection Act

Amendments of 1994'.''

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-587, title III, Sec. 3001, Nov. 4, 1992, 106 Stat.

5059, provided that: ''This title (enacting subchapter V of this

chapter, amending sections 1362, 1372, 1379, and 1382 of this title

and section 183c of Title 46, Appendix, Shipping, and enacting

provisions set out as notes under sections 1421 and 1421a of this

title) may be cited as the 'Marine Mammal Health and Stranding

Response Act'.''

Pub. L. 102-523, Sec. 1, Oct. 26, 1992, 106 Stat. 3425, provided

that: ''This Act (enacting subchapter IV of this chapter and

amending sections 952, 953, 973r, and 1362 of this title) may be

cited as the 'International Dolphin Conservation Act of 1992'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-711, Sec. 1, Nov. 23, 1988, 102 Stat. 4755, provided:

''That this Act (enacting sections 1383a and 1383b of this title,

amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402,

and 1407 of this title and section 1978 of Title 22, Foreign

Relations and Intercourse, enacting provisions set out as a note

under this section, and amending provisions set out as a note under

section 1384 of this title) may be cited as the 'Marine Mammal

Protection Act Amendments of 1988'.''

SHORT TITLE

Section 1 of Pub. L. 92-522 provided in part that: ''This Act

(enacting this chapter) may be cited as the 'Marine Mammal

Protection Act of 1972'.''

REGULATIONS

Section 15(b) of Pub. L. 103-238 provided that: ''Except as

provided otherwise in this Act (see Short Title of 1994 Amendment

note above), or the amendments to the Marine Mammal Protection Act

of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the Secretary of

Commerce or the Secretary of the Interior, as appropriate, shall,

after notice and opportunity for public comment, promulgate

regulations to implement this Act and the amendments made by this

Act by January 1, 1995.''

PURPOSES AND FINDINGS

Pub. L. 105-42, Sec. 2, Aug. 15, 1997, 111 Stat. 1122, provided

that:

''(a) Purposes. - The purposes of this Act (see Short Title of

1997 Amendment note above) are -

''(1) to give effect to the Declaration of Panama, signed

October 4, 1995, by the Governments of Belize, Colombia, Costa

Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the

United States of America, Vanuatu, and Venezuela, including the

establishment of the International Dolphin Conservation Program,

relating to the protection of dolphins and other species, and the

conservation and management of tuna in the eastern tropical

Pacific Ocean;

''(2) to recognize that nations fishing for tuna in the eastern

tropical Pacific Ocean have achieved significant reductions in

dolphin mortality associated with that fishery; and

''(3) to eliminate the ban on imports of tuna from those

nations that are in compliance with the International Dolphin

Conservation Program.

''(b) Findings. - The Congress finds that -

''(1) the nations that fish for tuna in the eastern tropical

Pacific Ocean have achieved significant reductions in dolphin

mortality associated with the purse seine fishery from hundreds

of thousands annually to fewer than 5,000 annually;

''(2) the provisions of the Marine Mammal Protection Act of

1972 (16 U.S.C. 1361 et seq.) that impose a ban on imports from

nations that fish for tuna in the eastern tropical Pacific Ocean

have served as an incentive to reduce dolphin mortalities;

''(3) tuna canners and processors of the United States have led

the canning and processing industry in promoting a dolphin-safe

tuna market; and

''(4) 12 signatory nations to the Declaration of Panama,

including the United States, agreed under that Declaration to

require that the total annual dolphin mortality in the purse

seine fishery for yellowfin tuna in the eastern tropical Pacific

Ocean not exceed 5,000 animals, with the objective of

progressively reducing dolphin mortality to a level approaching

zero through the setting of annual limits and with the goal of

eliminating dolphin mortality.''

RELATIONSHIP OF MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994 TO

OTHER LAW

Section 2(b) of Pub. L. 103-238 provided that: ''Except as

otherwise expressly provided, nothing in this Act (see Short Title

of 1994 Amendment note above) is intended to amend, repeal, or

otherwise affect any other provision of law.''

INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE

Section 14 of Pub. L. 103-238 provided that: ''Nothing in this

Act (see Short Title of 1994 Amendment note above), including any

amendments to the Marine Mammal Protection Act of 1972 (16 U.S.C.

1361 et seq.) made by this Act -

''(1) alters or is intended to alter any treaty between the

United States and one or more Indian tribes; or

''(2) affects or otherwise modifies the provisions of section

101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1371(b)), except as specifically provided in the amendment made

by section 4(b) of this Act (amending section 1371 of this

title).''

STUDY ON EFFECTS OF DOLPHIN FEEDING

Pub. L. 102-567, title III, Sec. 306, Oct. 29, 1992, 106 Stat.

4284, directed Secretary of Commerce to conduct a study in the

eastern Gulf of Mexico on the effects of feeding of noncaptive

dolphins by human beings, such study to be designed to detect any

behavior or diet modification resulting from this feeding and to

identify the effects, if any, of these modifications on the health

and well-being of the dolphins, directed Secretary to consult with

National Academy of Sciences and Marine Mammal Commission in design

and conduct of the study, and directed Secretary, within 18 months

after Oct. 29, 1992, to submit to Congress a report on results of

the study.

STUDY ON MORTALITY OF ATLANTIC DOLPHIN

Pub. L. 100-711, Sec. 7, Nov. 23, 1988, 102 Stat. 4771, directed

Secretary of Commerce to conduct a study regarding east coast

epidemic during 1987 and 1988 which caused substantial mortality

within North Atlantic coastal population of Atlantic bottle-nosed

dolphin, such study to examine (1) cause or causes of epidemic, (2)

effect of epidemic on coastal and offshore populations of Atlantic

bottle-nosed dolphin, (3) extent to which pollution may have

contributed to epidemic, (4) whether other species and populations

of marine mammals were affected by those factors which contributed

to epidemic, and (5) any other matters pertaining to causes and

effects of epidemic, with Secretary to submit on or before Jan. 1,

1989, to Committee on Commerce, Science, and Transportation of the

Senate and Committee on Merchant Marine and Fisheries of the House

of Representatives a plan for conducting the study.

INTERNATIONAL DISCUSSION TO ADVANCE UNDERSTANDING OF CETACEAN LIFE

Pub. L. 95-426, title VI, Sec. 602, Oct. 7, 1978, 92 Stat. 985,

provided that: ''It is the sense of the Congress that the President

should convey to all countries having an interest in cetacean sea

life the serious concern of the Congress regarding the continuing

destruction of these marine mammals (highlighted by the recent

slaughter of dolphins in the Sea of Japan by Japanese fishermen)

and should encourage such countries -

''(1) to join in international discussions with other such

countries in order to advance general understanding of cetacean

life and thereby facilitate an effective use of the living marine

resources of the world which does not jeopardize the natural

balance of the aquatic environment;

''(2) to participate in an exchange of information with the

National Marine Fisheries Service of the United States Department

of Commerce, including cooperation in studies of -

''(A) the impact of cetaceans on ecologically related human

foodstuffs, and

''(B) alternative methods of dealing with cetacean problems

as they occur;

''(3) to cooperate in establishing an international cetacean

commission to advance understanding of cetacean life and to

insure the effective conservation and protection of cetaceans on

a global scale; and

''(4) to adopt comprehensive marine mammal protection

legislation.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1372, 1373 of this

title.

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16 USC Sec. 1362 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 1362. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term ''depletion'' or ''depleted'' means any case in

which -

(A) the Secretary, after consultation with the Marine Mammal

Commission and the Committee of Scientific Advisors on Marine

Mammals established under subchapter III of this chapter,

determines that a species or population stock is below its

optimum sustainable population;

(B) a State, to which authority for the conservation and

management of a species or population stock is transferred under

section 1379 of this title, determines that such species or stock

is below its optimum sustainable population; or

(C) a species or population stock is listed as an endangered

species or a threatened species under the Endangered Species Act

of 1973 (16 U.S.C. 1531 et seq.).

(2) The terms ''conservation'' and ''management'' means the

collection and application of biological information for the

purposes of increasing and maintaining the number of animals within

species and populations of marine mammals at their optimum

sustainable population. Such terms include the entire scope of

activities that constitute a modern scientific resource program,

including, but not limited to, research, census, law enforcement,

and habitat acquisition and improvement. Also included within

these terms, when and where appropriate, is the periodic or total

protection of species or populations as well as regulated taking.

(3) The term ''district court of the United States'' includes the

District Court of Guam, District Court of the Virgin Islands,

District Court of Puerto Rico, District Court of the Canal Zone,

and, in the case of American Samoa and the Trust Territory of the

Pacific Islands, the District Court of the United States for the

District of Hawaii.

(4) The term ''humane'' in the context of the taking of a marine

mammal means that method of taking which involves the least

possible degree of pain and suffering practicable to the mammal

involved.

(5) The term ''intermediary nation'' means a nation that exports

yellowfin tuna or yellowfin tuna products to the United States and

that imports yellowfin tuna or yellowfin tuna products that are

subject to a direct ban on importation into the United States

pursuant to section 1371(a)(2)(B) of this title.

(6) The term ''marine mammal'' means any mammal which (A) is

morphologically adapted to the marine environment (including sea

otters and members of the orders Sirenia, Pinnipedia and Cetacea),

or (B) primarily inhabits the marine environment (such as the polar

bear); and, for the purposes of this chapter, includes any part of

any such marine mammal, including its raw, dressed, or dyed fur or

skin.

(7) The term ''marine mammal product'' means any item of

merchandise which consists, or is composed in whole or in part, of

any marine mammal.

(8) The term ''moratorium'' means a complete cessation of the

taking of marine mammals and a complete ban on the importation into

the United States of marine mammals and marine mammal products,

except as provided in this chapter.

(9) The term ''optimum sustainable population'' means, with

respect to any population stock, the number of animals which will

result in the maximum productivity of the population or the

species, keeping in mind the carrying capacity of the habitat and

the health of the ecosystem of which they form a constituent

element.

(10) The term ''person'' includes (A) any private person or

entity, and (B) any officer, employee, agent, department, or

instrumentality of the Federal Government, of any State or

political subdivision thereof, or of any foreign government.

(11) The term ''population stock'' or ''stock'' means a group of

marine mammals of the same species or smaller taxa in a common

spatial arrangement, that interbreed when mature.

(12)(A) Except as provided in subparagraph (B), the term

''Secretary'' means -

(i) the Secretary of the department in which the National

Oceanic and Atmospheric Administration is operating, as to all

responsibility, authority, funding, and duties under this chapter

with respect to members of the order Cetacea and members, other

than walruses, of the order Pinnipedia, and

(ii) the Secretary of the Interior as to all responsibility,

authority, funding, and duties under this chapter with respect to

all other marine mammals covered by this chapter.

(B) in (FOOTNOTE 1) section 1387 of this title and subchapter V

of this chapter (other than section 1421f-1 of this title) the term

''Secretary'' means the Secretary of Commerce.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(13) The term ''take'' means to harass, hunt, capture, or kill,

or attempt to harass, hunt, capture, or kill any marine mammal.

(14) The term ''United States'' includes the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands of the United States, American Samoa, Guam, and Northern

Mariana Islands.

(15) The term ''waters under the jurisdiction of the United

States'' means -

(A) the territorial sea of the United States;

(B) the waters included within a zone, contiguous to the

territorial sea of the United States, of which the inner boundary

is a line coterminous with the seaward boundary of each coastal

State, and the other boundary is a line drawn in such a manner

that each point on it is 200 nautical miles from the baseline

from which the territorial sea is measured; and

(C) the areas referred to as eastern special areas in Article

3(1) of the Agreement between the United States of America and

the Union of Soviet Socialist Republics on the Maritime Boundary,

signed June 1, 1990; in particular, those areas east of the

maritime boundary, as defined in that Agreement, that lie within

200 nautical miles of the baselines from which the breadth of the

territorial sea of Russia is measured but beyond 200 nautical

miles of the baselines from which the breadth of the territorial

sea of the United States is measured, except that this

subparagraph shall not apply before the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States.

(16) The term ''fishery'' means -

(A) one or more stocks of fish which can be treated as a unit

for purposes of conservation and management and which are

identified on the basis of geographical, scientific, technical,

recreational, and economic characteristics; and

(B) any fishing for such stocks.

(17) The term ''competent regional organization'' -

(A) for the tuna fishery in the eastern tropical Pacific Ocean,

means the Inter-American Tropical Tuna Commission; and

(B) in any other case, means an organization consisting of

those nations participating in a tuna fishery, the purpose of

which is the conservation and management of that fishery and the

management of issues relating to that fishery.

(18)(A) The term ''harassment'' means any act of pursuit,

torment, or annoyance which -

(i) has the potential to injure a marine mammal or marine

mammal stock in the wild; or

(ii) has the potential to disturb a marine mammal or marine

mammal stock in the wild by causing disruption of behavioral

patterns, including, but not limited to, migration, breathing,

nursing, breeding, feeding, or sheltering.

(B) The term ''Level A harassment'' means harassment described in

subparagraph (A)(i).

(C) The term ''Level B harassment'' means harassment described in

subparagraph (A)(ii).

(19) The term ''strategic stock'' means a marine mammal stock -

(A) for which the level of direct human-caused mortality

exceeds the potential biological removal level;

(B) which, based on the best available scientific information,

is declining and is likely to be listed as a threatened species

under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)

within the foreseeable future; or

(C) which is listed as a threatened species or endangered

species under the Endangered Species Act of 1973 (16 U.S.C. 1531

et seq.), or is designated as depleted under this chapter.

(20) The term ''potential biological removal level'' means the

maximum number of animals, not including natural mortalities, that

may be removed from a marine mammal stock while allowing that stock

to reach or maintain its optimum sustainable population. The

potential biological removal level is the product of the following

factors:

(A) The minimum population estimate of the stock.

(B) One-half the maximum theoretical or estimated net

productivity rate of the stock at a small population size.

(C) A recovery factor of between 0.1 and 1.0.

(21) The term ''Regional Fishery Management Council'' means a

Regional Fishery Management Council established under section 1852

of this title.

(22) The term ''bona fide research'' means scientific research on

marine mammals, the results of which -

(A) likely would be accepted for publication in a referred

scientific journal;

(B) are likely to contribute to the basic knowledge of marine

mammal biology or ecology; or

(C) are likely to identify, evaluate, or resolve conservation

problems.

(23) The term ''Alaska Native organization'' means a group

designated by law or formally chartered which represents or

consists of Indians, Aleuts, or Eskimos residing in Alaska.

(24) The term ''take reduction plan'' means a plan developed

under section 1387 of this title.

(25) The term ''take reduction team'' means a team established

under section 1387 of this title.

(26) The term ''net productivity rate'' means the annual per

capita rate of increase in a stock resulting from additions due to

reproduction, less losses due to mortality.

(27) The term ''minimum population estimate'' means an estimate

of the number of animals in a stock that -

(A) is based on the best available scientific information on

abundance, incorporating the precision and variability associated

with such information; and

(B) provides reasonable assurance that the stock size is equal

to or greater than the estimate.

(28) The term ''International Dolphin Conservation Program''

means the international program established by the agreement signed

in LaJolla, California, in June, 1992, as formalized, modified, and

enhanced in accordance with the Declaration of Panama.

(29) The term ''Declaration of Panama'' means the declaration

signed in Panama City, Republic of Panama, on October 4, 1995.

-SOURCE-

(Pub. L. 92-522, Sec. 3, Oct. 21, 1972, 86 Stat. 1028; Pub. L.

93-205, Sec. 13(e)(1), Dec. 28, 1973, 87 Stat. 903; Pub. L. 94-265,

title IV, Sec. 404(a), Apr. 13, 1976, 90 Stat. 360; Pub. L. 97-58,

Sec. 1(a), (b)(2), Oct. 9, 1981, 95 Stat. 979; Pub. L. 102-251,

title III, Sec. 304, Mar. 9, 1992, 106 Stat. 65; Pub. L. 102-523,

Sec. 2(c), Oct. 26, 1992, 106 Stat. 3432; Pub. L. 102-582, title

IV, Sec. 401(a), Nov. 2, 1992, 106 Stat. 4909; Pub. L. 102-587,

title III, Sec. 3004(b), Nov. 4, 1992, 106 Stat. 5067; Pub. L.

103-238, Sec. 12, 16(a), 24(a)(2), Apr. 30, 1994, 108 Stat. 557,

559, 565; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II,

Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41; Pub. L.

104-297, title IV, Sec. 405(b)(2), (3), Oct. 11, 1996, 110 Stat.

3621; Pub. L. 105-42, Sec. 3, Aug. 15, 1997, 111 Stat. 1123; Pub.

L. 106-555, title II, Sec. 202(b), Dec. 21, 2000, 114 Stat. 2768.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in pars. (1)(C)

and (19)(B), (C), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884,

as amended, which is classified generally to chapter 35 (Sec. 1531

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1531 of this

title and Tables.

-MISC2-

AMENDMENTS

2000 - Par. (12)(B). Pub. L. 106-555 inserted ''(other than

section 1421f-1 of this title)'' after ''subchapter V of this

chapter''.

1997 - Pars. (28), (29). Pub. L. 105-42 added pars. (28) and

(29).

1996 - Par. (15). Pub. L. 104-297, Sec. 405(b)(2), repealed Pub.

L. 102-251, Sec. 304. See 1992 Amendment note below.

Pub. L. 104-297, Sec. 404(b)(3), amended par. (15) generally.

Prior to amendment, par. (15) read as follows: ''The term 'waters

under the jurisdiction of the United States' means -

''(A) the territorial sea of the United States, and

''(B) the waters included within a zone, contiguous to the

territorial sea of the United States, of which the inner boundary

is a line coterminous with the seaward boundary of each coastal

State, and the outer boundary is a line drawn in such a manner

that each point on it is 200 nautical miles from the baseline

from which the territorial sea is measured.''

Par. (21). Pub. L. 104-208 made technical amendment to reference

in original act which appears in text as reference to section 1852

of this title.

1994 - Par. (12)(B). Pub. L. 103-238, Sec. 24(a)(2), substituted

''in section 1387 of this title and subchapter V of this chapter''

for ''in subchapter V of this chapter''.

Pars. (15) to (17). Pub. L. 103-238, Sec. 16(a), redesignated

par. (15) defining ''fishery'', and par. (16), as pars. (16) and

(17), respectively, and struck out former par. (17) which defined

''intermediary nation''.

Pars. (18) to (27). Pub. L. 103-238, Sec. 12, added pars. (18) to

(27).

1992 - Pars. (5) to (11). Pub. L. 102-582 added par. (5) and

redesignated former pars. (5) to (10) as (6) to (11), respectively.

Par. (12). Pub. L. 102-587 substituted ''(A) Except as provided

in subparagraph (B), the term'' for ''The term'', redesignated

former subpars. (A) and (B) as cls. (i) and (ii), respectively, and

added subpar. (B). See Construction of Amendment by Pub. L. 102-587

note below.

Pub. L. 102-582 redesignated par. (11) as (12). Former par. (12)

redesignated (13).

Pars. (13), (14). Pub. L. 102-582 redesignated pars. (12) and

(13) as (13) and (14), respectively. Former par. (14) redesignated

(15).

Par. (15). Pub. L. 102-582 redesignated par. (14), defining

waters under the jurisdiction of the United States, as (15).

Pub. L. 102-523 added par. (15) defining fishery.

Pub. L. 102-251, Sec. 304, which directed the general amendment

of par. (15) by reenacting the introductory provisions and subpars.

(A) and (B) without substantial change and adding subpar. (C) which

read ''the areas referred to as eastern special areas in Article

3(1) of the Agreement between the United States of America and the

Union of Soviet Socialist Republics on the Maritime Boundary,

signed June 1, 1990; in particular, those areas east of the

maritime boundary, as defined in that Agreement, that lie within

200 nautical miles of the baselines from which the breadth of the

territorial sea of Russia is measured but beyond 200 nautical miles

of the baselines from which the breadth of the territorial sea of

the United States is measured.'', was repealed by Pub. L. 104-297,

Sec. 405(b)(2).

Pars. (16), (17). Pub. L. 102-523 added pars. (16) and (17).

1981 - Par. (1). Pub. L. 97-58, Sec. 1(b)(2)(A), substituted a

single management standard, that is, the maintenance of species at

their optimum sustainable population, for the former management

standard which had included the decline of a species or population

stock that had declined to a significant degree over a period of

years, the decline of a species or population stock which, if

continued or resumed, would place the species or stock within the

provisions of the Endangered Species Act of 1973, and a species or

population stock that was below the optimum carrying capacity for

the species or stock within its environment.

Par. (2). Pub. L. 97-58, Sec. 1(b)(2)(B), substituted ''their

optimum sustainable population'' for ''the optimum carrying

capacity of their habitat''.

Par. (8). Pub. L. 97-58, Sec. 1(a), (b)(2)(C), (D), redesignated

par. (9) as (8) and substituted ''carrying capacity'' for ''optimum

carrying capacity''. Former par. (8), which defined ''optimum

carrying capacity'' was struck out.

Pars. (9) to (12). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated

pars. (9) to (13) as (8) to (12), respectively.

Par. (13). Pub. L. 97-58, Sec. 1(b)(2)(C), (E), redesignated par.

(14) as (13) and substituted ''the Virgin Islands of the United

States, American Samoa, Guam, and Northern Mariana Islands'' for

''the Canal Zone, the possessions of the United States, and the

Trust Territory of the Pacific Islands''. Former par. (13)

redesignated (12).

Pars. (14), (15). Pub. L. 97-58, Sec. 1(b)(2)(C), redesignated

pars. (14) and (15) as (13) and (14), respectively.

1976 - Par. (15)(B). Pub. L. 94-265 substituted ''the waters

included within a zone, contiguous to the territorial sea of the

United States, of which the inner boundary is a line coterminous

with the seaward boundary of each coastal State, and the outer

boundary is a line drawn in such a manner that each point on it is

200 nautical miles from the baseline from which the territorial sea

is measured'' for ''the fisheries zone established pursuant to the

Act of October 14, 1966''.

1973 - Par. (1)(B). Pub. L. 93-205 substituted ''Endangered

Species Act of 1973'' for ''Endangered Species Conservation Act of

1969''.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 8 of Pub. L. 105-42 provided that:

''(a) Amendments to Take Effect When IDCP in Force. - Sections 3

through 7 of this Act (enacting sections 962, 1412, 1413, 1414a to

1416 of this title, amending sections 952, 953, 1362, 1371, 1374,

1378, 1380, 1385, 1411, and 1417 of this title, and repealing

sections 1412 to 1416 and 1418 of this title) (except for section

304 of the Marine Mammal Protection Act of 1972 as added by section

6 of this Act (section 1414a of this title)) shall become effective

upon -

''(1) certification by the Secretary of Commerce that -

''(A) sufficient funding is available to complete the first

year of the study required under section 304(a) of the Marine

Mammal Protection Act of 1972, as so added; and

''(B) the study has commenced; and

''(2) certification by the Secretary of State to Congress that

a binding resolution of the Inter-American Tropical Tuna

Commission or other legally binding instrument establishing the

International Dolphin Conservation Program has been adopted and

is in force.

''(b) Special Effective Date. - Notwithstanding subsection (a),

the Secretary of Commerce may issue regulations under -

''(1) subsection (f)(2) of the Dolphin Protection Consumer

Information Act (16 U.S.C. 1385(f)(2)), as added by section 5(b)

of this Act;

''(2) section 303(a) of the Marine Mammal Protection Act of

1972 (16 U.S.C. 1413(a)), as added by section 6(c) of this Act,

at any time after the date of enactment of this Act (Aug. 15,

1997).''

(The Secretary of Commerce made the certification referred to in

section 8(a)(1) of Pub. L. 105-42, set out above, on July 27, 1998,

and the Secretary of State made the certification referred to in

section 8(a)(2) of Pub. L. 105-42 on Mar. 3, 1999.)

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 24(e) of Pub. L. 103-238 provided that: ''The amendments

made by subsection (a) (amending this section) shall be effective

as if enacted as part of section 3004 of the Marine Mammal Health

and Stranding Response Act (106 Stat. 5067) (Pub. L. 102-587).''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 404(b) of Pub. L. 94-265 provided that the amendment made

by section 404(a) of Pub. L. 94-265 to this section was to take

effect Mar. 1, 1977, prior to the general amendment of title IV of

Pub. L. 94-265 by Pub. L. 104-297.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section

16 of Pub. L. 93-205, set out as an Effective Date note under

section 1531 of this title.

CONSTRUCTION OF AMENDMENT BY PUB. L. 102-587

Section 24(a)(1) of Pub. L. 103-238 provided that: ''The

amendments set forth in section 3004(b) of the Marine Mammal Health

and Stranding Response Act (106 Stat. 5067) (Pub. L. 102-587,

amending this section) -

''(A) are deemed to have been made by that section to section

3(12) of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1362(12)); and

''(B) shall not be considered to have been made by that section

to section 3(11) of that Act (16 U.S.C. 1362(11)).''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the ''transition period'',

being the 30-month period beginning Oct. 1, 1979, and ending

midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama

Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L.

96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified

to sections 3831 and 3841 to 3843, respectively, of Title 22,

Foreign Relations and Intercourse.

-MISC5-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section

14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1379, 1421f-1, 2404,

2902, 3743 of this title.

-CITE-

16 USC SUBCHAPTER II - CONSERVATION AND PROTECTION OF

MARINE MAMMALS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

.

-HEAD-

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-CITE-

16 USC Sec. 1371 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1371. Moratorium on taking and importing marine mammals and

marine mammal products

-STATUTE-

(a) Imposition; exceptions

There shall be a moratorium on the taking and importation of

marine mammals and marine mammal products, commencing on the

effective date of this chapter, during which time no permit may be

issued for the taking of any marine mammal and no marine mammal or

marine mammal product may be imported into the United States except

in the following cases:

(1) Consistent with the provisions of section 1374 of this

title, permits may be issued by the Secretary for taking, and

importation for purposes of scientific research, public display,

photography for educational or commercial purposes, or enhancing

the survival or recovery of a species or stock, or for

importation of polar bear parts (other than internal organs)

taken in sport hunts in Canada. Such permits, except permits

issued under section 1374(c)(5) of this title, may be issued if

the taking or importation proposed to be made is first reviewed

by the Marine Mammal Commission and the Committee of Scientific

Advisors on Marine Mammals established under subchapter III of

this chapter. The Commission and Committee shall recommend any

proposed taking or importation, other than importation under

section 1374(c)(5) of this title, which is consistent with the

purposes and policies of section 1361 of this title. If the

Secretary issues such a permit for importation, the Secretary

shall issue to the importer concerned a certificate to that

effect in such form as the Secretary of the Treasury prescribes,

and such importation may be made upon presentation of the

certificate to the customs officer concerned.

(2) Marine mammals may be taken incidentally in the course of

commercial fishing operations and permits may be issued therefor

under section 1374 of this title subject to regulations

prescribed by the Secretary in accordance with section 1373 of

this title, or in lieu of such permits, authorizations may be

granted therefor under section 1387 of this title, subject to

regulations prescribed under that section by the Secretary

without regard to section 1373 of this title. Such

authorizations may be granted under subchapter IV of this chapter

with respect to purse seine fishing for yellowfin tuna in the

eastern tropical Pacific Ocean, subject to regulations prescribed

under that subchapter by the Secretary without regard to section

1373 of this title. In any event it shall be the immediate goal

that the incidental kill or incidental serious injury of marine

mammals permitted in the course of commercial fishing operations

be reduced to insignificant levels approaching a zero mortality

and serious injury rate. The Secretary of the Treasury shall ban

the importation of commercial fish or products from fish which

have been caught with commercial fishing technology which results

in the incidental kill or incidental serious injury of ocean

mammals in excess of United States standards. For purposes of

applying the preceding sentence, the Secretary -

(A) shall insist on reasonable proof from the government of

any nation from which fish or fish products will be exported to

the United States of the effects on ocean mammals of the

commercial fishing technology in use for such fish or fish

products exported from such nation to the United States;

(B) in the case of yellowfin tuna harvested with purse seine

nets in the eastern tropical Pacific Ocean, and products

therefrom, to be exported to the United States, shall require

that the government of the exporting nation provide documentary

evidence that -

(i)(I) the tuna or products therefrom were not banned from

importation under this paragraph before the effective date of

section 4 of the International Dolphin Conservation Program

Act; or

(II) the tuna or products therefrom were harvested after

the effective date of section 4 of the International Dolphin

Conservation Program Act by vessels of a nation which

participates in the International Dolphin Conservation

Program, and such harvesting nation is either a member of the

Inter-American Tropical Tuna Commission or has initiated (and

within 6 months thereafter completed) all steps required of

applicant nations, in accordance with article V, paragraph 3

of the Convention establishing the Inter-American Tropical

Tuna Commission, to become a member of that organization;

(ii) such nation is meeting the obligations of the

International Dolphin Conservation Program and the

obligations of membership in the Inter-American Tropical Tuna

Commission, including all financial obligations; and

(iii) the total dolphin mortality limits, and per-stock

per-year dolphin mortality limits permitted for that nation's

vessels under the International Dolphin Conservation Program

do not exceed the limits determined for 1997, or for any year

thereafter, consistent with the objective of progressively

reducing dolphin mortality to a level approaching zero

through the setting of annual limits and the goal of

eliminating dolphin mortality, and requirements of the

International Dolphin Conservation Program;

(C) shall not accept such documentary evidence if -

(i) the government of the harvesting nation does not

provide directly or authorize the Inter-American Tropical

Tuna Commission to release complete and accurate information

to the Secretary in a timely manner -

(I) to allow determination of compliance with the

International Dolphin Conservation Program; and

(II) for the purposes of tracking and verifying

compliance with the minimum requirements established by the

Secretary in regulations promulgated under section 1385(f)

of this title; or

(ii) after taking into consideration such information,

findings of the Inter-American Tropical Tuna Commission, and

any other relevant information, including information that a

nation is consistently failing to take enforcement actions on

violations which diminish the effectiveness of the

International Dolphin Conservation Program, the Secretary, in

consultation with the Secretary of State, finds that the

harvesting nation is not in compliance with the International

Dolphin Conservation Program.

(D) shall require the government of any intermediary nation

to certify and provide reasonable proof to the Secretary that

it has not imported, within the preceding six months, any

yellowfin tuna or yellowfin tuna products that are subject to a

direct ban on importation to the United States under

subparagraph (B);

(E) shall, six months after importation of yellowfin tuna or

tuna products has been banned under this section, certify such

fact to the President, which certification shall be deemed to

be a certification for the purposes of section 1978(a) of title

22 for as long as such ban is in effect; and

(F)(i) except as provided in clause (ii), in the case of fish

or products containing fish harvested by a nation whose fishing

vessels engage in high seas driftnet fishing, shall require

that the government of the exporting nation provide documentary

evidence that the fish or fish product was not harvested with a

large-scale driftnet in the South Pacific Ocean after July 1,

1991, or in any other water of the high seas after January 1,

1993, and

(ii) in the case of tuna or a product containing tuna

harvested by a nation whose fishing vessels engage in high seas

driftnet fishing, shall require that the government of the

exporting nation provide documentary evidence that the tuna or

tuna product was not harvested with a large-scale driftnet

anywhere on the high seas after July 1, 1991.

For purposes of subparagraph (F), the term ''driftnet'' has the

meaning given such term in section 4003 of the Driftnet Impact

Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822

note), except that, until January 1, 1994, the term ''driftnet''

does not include the use in the northeast Atlantic Ocean of

gillnets with a total length not to exceed five kilometers if the

use is in accordance with regulations adopted by the European

Community pursuant to the October 28, 1991, decision by the

Council of Fisheries Ministers of the Community.

(3)(A) The Secretary, on the basis of the best scientific

evidence available and in consultation with the Marine Mammal

Commission, is authorized and directed, from time to time, having

due regard to the distribution, abundance, breeding habits, and

times and lines of migratory movements of such marine mammals, to

determine when, to what extent, if at all, and by what means, it

is compatible with this chapter to waive the requirements of this

section so as to allow taking, or importing of any marine mammal,

or any marine mammal product, and to adopt suitable regulations,

issue permits, and make determinations in accordance with

sections 1372, 1373, 1374, and 1381 of this title permitting and

governing such taking and importing, in accordance with such

determinations: Provided, however, That the Secretary, in making

such determinations must be assured that the taking of such

marine mammal is in accord with sound principles of resource

protection and conservation as provided in the purposes and

policies of this chapter: Provided, further, however, That no

marine mammal or no marine mammal product may be imported into

the United States unless the Secretary certifies that the program

for taking marine mammals in the country of origin is consistent

with the provisions and policies of this chapter. Products of

nations not so certified may not be imported into the United

States for any purpose, including processing for exportation.

(B) Except for scientific research purposes, photography for

educational or commercial purposes, or enhancing the survival or

recovery of a species or stock as provided for in paragraph (1)

of this subsection, or as provided for under paragraph (5) of

this subsection, during the moratorium no permit may be issued

for the taking of any marine mammal which has been designated by

the Secretary as depleted, and no importation may be made of any

such mammal.

(4)(A) Except as provided in subparagraphs (B) and (C), the

provisions of this chapter shall not apply to the use of measures

-

(i) by the owner of fishing gear or catch, or an employee or

agent of such owner, to deter a marine mammal from damaging the

gear or catch;

(ii) by the owner of other private property, or an agent,

bailee, or employee of such owner, to deter a marine mammal

from damaging private property;

(iii) by any person, to deter a marine mammal from

endangering personal safety; or

(iv) by a government employee, to deter a marine mammal from

damaging public property,

so long as such measures do not result in the death or serious

injury of a marine mammal.

(B) The Secretary shall, through consultation with appropriate

experts, and after notice and opportunity for public comment,

publish in the Federal Register a list of guidelines for use in

safely deterring marine mammals. In the case of marine mammals

listed as endangered species or threatened species under the

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the

Secretary shall recommend specific measures which may be used to

nonlethally deter marine mammals. Actions to deter marine

mammals consistent with such guidelines or specific measures

shall not be a violation of this chapter.

(C) If the Secretary determines, using the best scientific

information available, that certain forms of deterrence have a

significant adverse effect on marine mammals, the Secretary may

prohibit such deterrent methods, after notice and opportunity for

public comment, through regulation under this chapter.

(D) The authority to deter marine mammals pursuant to

subparagraph (A) applies to all marine mammals, including all

stocks designated as depleted under this chapter.

(5)(A) Upon request therefor by citizens of the United States

who engage in a specified activity (other than commercial

fishing) within a specified geographical region, the Secretary

shall allow, during periods of not more than five consecutive

years each, the incidental, but not intentional, taking by

citizens while engaging in that activity within that region of

small numbers of marine mammals of a species or population stock

if the Secretary, after notice (in the Federal Register and in

newspapers of general circulation, and through appropriate

electronic media, in the coastal areas that may be affected by

such activity) and opportunity for public comment -

(i) finds that the total of such taking during each five-year

(or less) period concerned will have a negligible impact on

such species or stock and will not have an unmitigable adverse

impact on the availability of such species or stock for taking

for subsistence uses pursuant to subsection (b) of this section

or section 1379(f) of this title or, in the case of a

cooperative agreement under both this chapter and the Whaling

Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to

section 1382(c) of this title; and

(ii) prescribes regulations setting forth -

(I) permissible methods of taking pursuant to such

activity, and other means of effecting the least practicable

adverse impact on such species or stock and its habitat,

paying particular attention to rookeries, mating grounds, and

areas of similar significance, and on the availability of

such species or stock for subsistence uses; and

(II) requirements pertaining to the monitoring and

reporting of such taking.

(B) The Secretary shall withdraw, or suspend for a time certain

(either on an individual or class basis, as appropriate) the

permission to take marine mammals under subparagraph (A) pursuant

to a specified activity within a specified geographical region if

the Secretary finds, after notice and opportunity for public

comment (as required under subparagraph (A) unless subparagraph

(C)(i) applies), that -

(i) the regulations prescribed under subparagraph (A)

regarding methods of taking, monitoring, or reporting are not

being substantially complied with by a person engaging in such

activity; or

(ii) the taking allowed under subparagraph (A) pursuant to

one or more activities within one or more regions is having, or

may have, more than a negligible impact on the species or stock

concerned.

(C)(i) The requirement for notice and opportunity for public

comment in subparagraph (B) shall not apply in the case of a

suspension of permission to take if the Secretary determines that

an emergency exists which poses a significant risk to the

well-being of the species or stock concerned.

(ii) Sections 1373 and 1374 of this title shall not apply to

the taking of marine mammals under the authority of this

paragraph.

(D)(i) Upon request therefor by citizens of the United States

who engage in a specified activity (other than commercial

fishing) within a specific geographic region, the Secretary shall

authorize, for periods of not more than 1 year, subject to such

conditions as the Secretary may specify, the incidental, but not

intentional, taking by harassment of small numbers of marine

mammals of a species or population stock by such citizens while

engaging in that activity within that region if the Secretary

finds that such harassment during each period concerned -

(I) will have a negligible impact on such species or stock,

and

(II) will not have an unmitigable adverse impact on the

availability of such species or stock for taking for

subsistence uses pursuant to subsection (b) of this section, or

section 1379(f) of this title or pursuant to a cooperative

agreement under section 1388 of this title.

(ii) The authorization for such activity shall prescribe, where

applicable -

(I) permissible methods of taking by harassment pursuant to

such activity, and other means of effecting the least

practicable impact on such species or stock and its habitat,

paying particular attention to rookeries, mating grounds, and

areas of similar significance, and on the availability of such

species or stock for taking for subsistence uses pursuant to

subsection (b) of this section or section 1379(f) of this title

or pursuant to a cooperative agreement under section 1388 of

this title,

(II) the measures that the Secretary determines are necessary

to ensure no unmitigable adverse impact on the availability of

the species or stock for taking for subsistence uses pursuant

to subsection (b) of this section or section 1379(f) of this

title or pursuant to a cooperative agreement under section 1388

of this title, and

(III) requirements pertaining to the monitoring and reporting

of such taking by harassment, including requirements for the

independent peer review of proposed monitoring plans or other

research proposals where the proposed activity may affect the

availability of a species or stock for taking for subsistence

uses pursuant to subsection (b) of this section or section

1379(f) of this title or pursuant to a cooperative agreement

under section 1388 of this title.

(iii) The Secretary shall publish a proposed authorization not

later than 45 days after receiving an application under this

subparagraph and request public comment through notice in the

Federal Register, newspapers of general circulation, and

appropriate electronic media and to all locally affected

communities for a period of 30 days after publication. Not later

than 45 days after the close of the public comment period, if the

Secretary makes the findings set forth in clause (i), the

Secretary shall issue an authorization with appropriate

conditions to meet the requirements of clause (ii).

(iv) The Secretary shall modify, suspend, or revoke an

authorization if the Secretary finds that the provisions of

clauses (i) or (ii) are not being met.

(v) A person conducting an activity for which an authorization

has been granted under this subparagraph shall not be subject to

the penalties of this chapter for taking by harassment that

occurs in compliance with such authorization.

(E)(i) During any period of up to 3 consecutive years, the

Secretary shall allow the incidental, but not the intentional,

taking by persons using vessels of the United States or vessels

which have valid fishing permits issued by the Secretary in

accordance with section 1824(b) of this title, while engaging in

commercial fishing operations, of marine mammals from a species

or stock designated as depleted because of its listing as an

endangered species or threatened species under the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.) if the Secretary,

after notice and opportunity for public comment, determines that

-

(I) the incidental mortality and serious injury from

commercial fisheries will have a negligible impact on such

species or stock;

(II) a recovery plan has been developed or is being developed

for such species or stock pursuant to the Endangered Species

Act of 1973; and

(III) where required under section 1387 of this title, a

monitoring program is established under subsection (d) of such

section, vessels engaged in such fisheries are registered in

accordance with such section, and a take reduction plan has

been developed or is being developed for such species or stock.

(ii) Upon a determination by the Secretary that the

requirements of clause (i) have been met, the Secretary shall

publish in the Federal Register a list of those fisheries for

which such determination was made, and, for vessels required to

register under section 1387 of this title, shall issue an

appropriate permit for each authorization granted under such

section to vessels to which this paragraph applies. Vessels

engaged in a fishery included in the notice published by the

Secretary under this clause which are not required to register

under section 1387 of this title shall not be subject to the

penalties of this chapter for the incidental taking of marine

mammals to which this paragraph applies, so long as the owner or

master of such vessel reports any incidental mortality or injury

of such marine mammals to the Secretary in accordance with

section 1387 of this title.

(iii) If, during the course of the commercial fishing season,

the Secretary determines that the level of incidental mortality

or serious injury from commercial fisheries for which a

determination was made under clause (i) has resulted or is likely

to result in an impact that is more than negligible on the

endangered or threatened species or stock, the Secretary shall

use the emergency authority granted under section 1387 of this

title to protect such species or stock, and may modify any permit

granted under this paragraph as necessary.

(iv) The Secretary may suspend for a time certain or revoke a

permit granted under this subparagraph only if the Secretary

determines that the conditions or limitations set forth in such

permit are not being complied with. The Secretary may amend or

modify, after notice and opportunity for public comment, the list

of fisheries published under clause (ii) whenever the Secretary

determines there has been a significant change in the information

or conditions used to determine such list.

(v) Sections 1373 and 1374 of this title shall not apply to the

taking of marine mammals under the authority of this

subparagraph.

(vi) This subparagraph shall not govern the incidental taking

of California sea otters and shall not be deemed to amend or

repeal the Act of November 7, 1986 (Public Law 99-625; 100 Stat.

3500).

(6)(A) A marine mammal product may be imported into the United

States if the product -

(i) was legally possessed and exported by any citizen of the

United States in conjunction with travel outside the United

States, provided that the product is imported into the United

States by the same person upon the termination of travel;

(ii) was acquired outside of the United States as part of a

cultural exchange by an Indian, Aleut, or Eskimo residing in

Alaska; or

(iii) is owned by a Native inhabitant of Russia, Canada, or

Greenland and is imported for noncommercial purposes in

conjunction with travel within the United States or as part of

a cultural exchange with an Indian, Aleut, or Eskimo residing

in Alaska.

(B) For the purposes of this paragraph, the term -

(i) ''Native inhabitant of Russia, Canada, or Greenland''

means a person residing in Russia, Canada, or Greenland who is

related by blood, is a member of the same clan or ethnological

grouping, or shares a common heritage with an Indian, Aleut, or

Eskimo residing in Alaska; and

(ii) ''cultural exchange'' means the sharing or exchange of

ideas, information, gifts, clothing, or handicrafts between an

Indian, Aleut, or Eskimo residing in Alaska and a Native

inhabitant of Russia, Canada, or Greenland, including rendering

of raw marine mammal parts as part of such exchange into

clothing or handicrafts through carving, painting, sewing, or

decorating.

(b) Exemptions for Alaskan natives

Except as provided in section 1379 of this title, the provisions

of this chapter shall not apply with respect to the taking of any

marine mammal by any Indian, Aleut, or Eskimo who resides in Alaska

and who dwells on the coast of the North Pacific Ocean or the

Arctic Ocean if such taking -

(1) is for subsistence purposes; or

(2) is done for purposes of creating and selling authentic

native articles of handicrafts and clothing: Provided, That only

authentic native articles of handicrafts and clothing may be sold

in interstate commerce: And provided further, That any edible

portion of marine mammals may be sold in native villages and

towns in Alaska or for native consumption. For the purposes of

this subsection, the term ''authentic native articles of

handicrafts and clothing'' means items composed wholly or in some

significant respect of natural materials, and which are produced,

decorated, or fashioned in the exercise of traditional native

handicrafts without the use of pantographs, multiple carvers, or

other mass copying devices. Traditional native handicrafts

include, but are not limited to weaving, carving, stitching,

sewing, lacing, beading, drawing and painting; and

(3) in each case, is not accomplished in a wasteful manner.

Notwithstanding the preceding provisions of this subsection, when,

under this chapter, the Secretary determines any species or stock

of marine mammal subject to taking by Indians, Aleuts, or Eskimos

to be depleted, he may prescribe regulations upon the taking of

such marine mammals by any Indian, Aleut, or Eskimo described in

this subsection. Such regulations may be established with

reference to species or stocks, geographical description of the

area included, the season for taking, or any other factors related

to the reason for establishing such regulations and consistent with

the purposes of this chapter. Such regulations shall be prescribed

after notice and hearing required by section 1373 of this title and

shall be removed as soon as the Secretary determines that the need

for their imposition has disappeared. In promulgating any

regulation or making any assessment pursuant to a hearing or

proceeding under this subsection or section 1386(b)(2) of this

title, or in making any determination of depletion under this

subsection or finding regarding unmitigable adverse impacts under

subsection (a)(5) of this section that affects stocks or persons to

which this subsection applies, the Secretary shall be responsible

for demonstrating that such regulation, assessment, determination,

or finding is supported by substantial evidence on the basis of the

record as a whole. The preceding sentence shall only be applicable

in an action brought by one or more Alaska Native organizations

representing persons to which this subsection applies.

(c) Taking in defense of self or others

It shall not be a violation of this chapter to take a marine

mammal if such taking is imminently necessary in self-defense or to

save the life of a person in immediate danger, and such taking is

reported to the Secretary within 48 hours. The Secretary may seize

and dispose of any carcass.

(d) Good Samaritan exemption

It shall not be a violation of this chapter to take a marine

mammal if -

(1) such taking is imminently necessary to avoid serious

injury, additional injury, or death to a marine mammal entangled

in fishing gear or debris;

(2) reasonable care is taken to ensure the safe release of the

marine mammal, taking into consideration the equipment,

expertise, and conditions at hand;

(3) reasonable care is exercised to prevent any further injury

to the marine mammal; and

(4) such taking is reported to the Secretary within 48 hours.

(e) Chapter not to apply to incidental takings by United States

citizens employed on foreign vessels outside United States EEZ

The provisions of this chapter shall not apply to a citizen of

the United States who incidentally takes any marine mammal during

fishing operations outside the United States exclusive economic

zone (as defined in section 1802 of this title) when employed on a

foreign fishing vessel of a harvesting nation which is in

compliance with the International Dolphin Conservation Program.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 101, Oct. 21, 1972, 86 Stat. 1029;

Pub. L. 93-205, Sec. 13(e)(2), Dec. 28, 1973, 87 Stat. 903; Pub. L.

97-58, Sec. 2, Oct. 9, 1981, 95 Stat. 979; Pub. L. 98-364, title I,

Sec. 101, July 17, 1984, 98 Stat. 440; Pub. L. 99-659, title IV,

Sec. 411(a), Nov. 14, 1986, 100 Stat. 3741; Pub. L. 100-711, Sec.

4(a), 5(c), (e)(1), Nov. 23, 1988, 102 Stat. 4765, 4769, 4771; Pub.

L. 101-627, title IX, Sec. 901(g), Nov. 28, 1990, 104 Stat. 4467;

Pub. L. 102-582, title I, Sec. 103, title IV, Sec. 401(b), Nov. 2,

1992, 106 Stat. 4903, 4909; Pub. L. 103-238, Sec. 4, Apr. 30, 1994,

108 Stat. 532; Pub. L. 104-208, div. A, title I, Sec. 101(a)

(title II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41;

Pub. L. 105-18, title II, Sec. 2003, June 12, 1997, 111 Stat. 174;

Pub. L. 105-42, Sec. 4(a)-(c), Aug. 15, 1997, 111 Stat. 1123,

1124.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (a),

means the effective date of Pub. L. 92-522. See section 4 of Pub.

L. 92-522, set out as an Effective Date note under section 1361 of

this title.

For effective date of section 4 of the International Dolphin

Conservation Program Act (Pub. L. 105-42), referred to in subsec.

(a)(2)(B)(i), see section 8 of Pub. L. 105-42 set out as an

Effective Date of 1997 Amendment note under section 1362 of this

title.

The Endangered Species Act of 1973, referred to in subsec.

(a)(4)(B), (5)(E)(i), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat.

884, as amended, which is classified principally to chapter 35

(Sec. 1531 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1531 of this title and Tables.

The Whaling Convention Act of 1949, referred to in subsec.

(a)(5)(A)(i), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as

amended, which is classified generally to subchapter II (Sec. 916

et seq.) of chapter 14 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

916 of this title and Tables.

Act of November 7, 1986, referred to in subsec. (a)(5)(E)(vi), is

Pub. L. 99-625, Nov. 7, 1986, 100 Stat. 3500, which amended section

718b of this title and provisions listed in a table of National

Wildlife Refuges set out under section 668dd of this title and

enacted provisions set out as a note under section 1536 of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(2). Pub. L. 105-42, Sec. 4(a), (b)(4), in

introductory provisions, inserted after first sentence ''Such

authorizations may be granted under subchapter IV of this chapter

with respect to purse seine fishing for yellowfin tuna in the

eastern tropical Pacific Ocean, subject to regulations prescribed

under that subchapter by the Secretary without regard to section

1373 of this title.'' and struck out ''; provided that this goal

shall be satisfied in the case of the incidental taking of marine

mammals in the course of purse seine fishing for yellowfin tuna by

a continuation of the application of the best marine mammal safety

techniques and equipment that are economically and technologically

practicable'' after ''serious injury rate'' and, in closing

provisions, substituted ''For purposes of subparagraph (F)'' for

''For purposes of subparagraph (E)''.

Subsec. (a)(2)(B). Pub. L. 105-42, Sec. 4(b)(1), added subpar.

(B) and struck out former subpar. (B) which contained requirement

that nations exporting yellowfin tuna harvested with purse seines

in eastern tropical Pacific Ocean provide documentary evidence of

adoption of regulatory program governing incidental taking of other

mammals and comparison of the average rates of incidental taking

between harvesting nation and United States.

Subsec. (a)(2)(C) to (F). Pub. L. 105-42, Sec. 4(b)(2), (3),

added subpar. (C) and redesignated former subpars. (C) to (E) as

(D) to (F), respectively.

Subsec. (d). Pub. L. 105-18 added subsec. (d).

Subsec. (e). Pub. L. 105-42, Sec. 4(c), added subsec. (e).

1996 - Subsec. (a)(5)(E)(i). Pub. L. 104-208 made technical

amendment to reference in original act which appears in text as

reference to section 1824(b) of this title.

1994 - Subsec. (a)(1). Pub. L. 103-238, Sec. 4(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''Consistent with the provisions of section 1374 of this title,

permits may be issued by the Secretary for taking and importation

for purposes of scientific research, public display, or enhancing

the survival or recovery of a species or stock if -

''(A) the taking proposed in the application for any such

permit, or

''(B) the importation proposed to be made,

is first reviewed by the Marine Mammal Commission and the Committee

of Scientific Advisors on Marine Mammals established under

subchapter III of this chapter. The Commission and Committee shall

recommend any proposed taking or importation which is consistent

with the purposes and policies of section 1361 of this title. The

Secretary shall, if he grants approval for importation, issue to

the importer concerned a certificate to that effect which shall be

in such form as the Secretary of the Treasury prescribes and such

importation may be made upon presentation of the certificate to the

customs officer concerned.''

Subsec. (a)(2). Pub. L. 103-238, Sec. 4(a)(2), inserted before

period at end of first sentence '', or in lieu of such permits,

authorizations may be granted therefor under section 1387 of this

title, subject to regulations prescribed under that section by the

Secretary without regard to section 1373 of this title''.

Subsec. (a)(3)(B). Pub. L. 103-238, Sec. 4(a)(3), inserted '',

photography for educational or commercial purposes,'' after

''purposes'' and ''or as provided for under paragraph (5) of this

subsection,'' after ''subsection,''.

Subsec. (a)(4). Pub. L. 103-238, Sec. 4(a)(4), amended par. (4)

generally. Prior to amendment, par. (4) read as follows:

''(4)(A) During any period of five consecutive years, the

Secretary shall allow the incidental, but not the intentional,

taking, by citizens of the United States while engaging in

commercial fishing operations, of small numbers of marine mammals

of a species or population stock that is not depleted if the

Secretary, after notice and opportunity for public comment -

''(i) finds that the total of such taking during such five-year

period will have a negligible impact on such species or stock;

and

''(ii) provides guidelines pertaining to the establishment of a

cooperative system among the fishermen involved for the

monitoring of such taking.

''(B) The Secretary shall withdraw, or suspend for a time

certain, the permission to take marine mammals under subparagraph

(A) if the Secretary finds, after notice and opportunity for public

comment, that -

''(i) the taking allowed under subparagraph (A) is having more

than a negligible impact on the species or stock concerned; or

''(ii) the policies, purposes and goals of this chapter would

be better served through the application of this title without

regard to this subsection.

Sections 1373 and 1374 of this title shall not apply to the taking

of marine mammals under the authority of this paragraph.''

Subsec. (a)(5)(D), (E). Pub. L. 103-238, Sec. 4(a)(5), added

subpars. (D) and (E).

Subsec. (a)(6). Pub. L. 103-238, Sec. 4(a)(6), added par. (6).

Subsec. (b). Pub. L. 103-238, Sec. 4(b), inserted at end ''In

promulgating any regulation or making any assessment pursuant to a

hearing or proceeding under this subsection or section 1386(b)(2)

of this title, or in making any determination of depletion under

this subsection or finding regarding unmitigable adverse impacts

under subsection (a)(5) of this section that affects stocks or

persons to which this subsection applies, the Secretary shall be

responsible for demonstrating that such regulation, assessment,

determination, or finding is supported by substantial evidence on

the basis of the record as a whole. The preceding sentence shall

only be applicable in an action brought by one or more Alaska

Native organizations representing persons to which this subsection

applies.''

Subsec. (c). Pub. L. 103-238, Sec. 4(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''In

order to minimize undue economic hardship to persons subject to

this chapter, other than those engaged in commercial fishing

operations referred to in subsection (a)(2) of this section, the

Secretary, upon any such person filing an application with him and

upon filing such information as the Secretary may require showing,

to his satisfaction, such hardship, may exempt such person or class

of persons from provisions of this chapter for no more than one

year from October 21, 1972, as he determines to be appropriate.''

1992 - Subsec. (a)(2). Pub. L. 102-582, Sec. 103(2), inserted

before period at end '', except that, until January 1, 1994, the

term 'driftnet' does not include the use in the northeast Atlantic

Ocean of gillnets with a total length not to exceed five kilometers

if the use is in accordance with regulations adopted by the

European Community pursuant to the October 28, 1991, decision by

the Council of Fisheries Ministers of the Community''.

Subsec. (a)(2)(C). Pub. L. 102-582, Sec. 401(b), amended subpar.

(C) generally. Prior to amendment, subpar. (C) read as follows:

''shall require the government of any intermediary nation from

which yellowfin tuna or tuna products will be exported to the

United States to certify and provide reasonable proof that it has

acted to prohibit the importation of such tuna and tuna products

from any nation from which direct export to the United States of

such tuna and tuna products is banned under this section within

sixty days following the effective date of such ban on importation

to the United States;''.

Subsec. (a)(2)(E)(i). Pub. L. 102-582, Sec. 103(1), substituted

''January 1, 1993'' for ''July 1, 1992''.

1990 - Subsec. (a)(2). Pub. L. 101-627 added subpar. (E) and

concluding provisions.

1988 - Subsec. (a)(1). Pub. L. 100-711, Sec. 5(c), which directed

that par. (1) be amended generally to read as follows: ''(1)

Consistent with the provisions of section 1374 of this title,

permits may be issued by the Secretary for taking and importation

for purposes of scientific research, public display, or enhancing

the survival or recovery of a species or stock if - '', was

executed as the probable intent of Congress by substituting such

provisions for provisions of par. (1) before subpar. (A) which read

as follows: ''Permits may be issued by the Secretary for taking and

importation for purposes of scientific research and for public

display if - ''.

Subsec. (a)(2). Pub. L. 100-711, Sec. 4(a), inserted provisions

at end of subpar. (B) relating to finding by Secretary that

regulatory program, or average rate of incidental taking by

vessels, of harvesting nation is comparable to that of United

States, and added subpars. (C) and (D).

Subsec. (a)(3)(B). Pub. L. 100-711, Sec. 5(e)(1), inserted ''or

enhancing the survival or recovery of a species or stock'' after

''scientific research purposes''.

1986 - Subsec. (a)(5)(A). Pub. L. 99-659, Sec. 411(a)(1), in

provisions preceding cl. (i) struck out ''that is not depleted''

after ''population stock''.

Subsec. (a)(5)(A)(i). Pub. L. 99-659, Sec. 411(a)(2), substituted

''will not have an unmitigable adverse impact'' for ''its habitat,

and'', and inserted ''or, in the case of a cooperative agreement

under both this chapter and the Whaling Convention Act of 1949 (16

U.S.C. 916 et seq.), pursuant to section 1382(c) of this title''.

Subsec. (a)(5)(A)(ii)(I). Pub. L. 99-659, Sec. 411(a)(3),

inserted '', and on the availability of such species or stock for

subsistence uses''.

1984 - Subsec. (a)(2). Pub. L. 98-364 amended last sentence

generally, restating existing provisions in cl. (A) and adding cl.

(B).

1981 - Subsec. (a)(2). Pub. L. 97-58, Sec. 2(1)(A), provided that

the immediate goal of reducing to insignificant levels approaching

a zero mortality and serious injury rate the incidental kill or

serious injury of marine mammals permitted in the course of

commercial fishing operations be satisfied in the case of purse

seine fishing for yellowfin tuna by a continuation of the

application of the best marine mammal safety techniques and

equipment that are economically and technologically practicable.

Subsec. (a)(3)(B). Pub. L. 97-58, Sec. 2(1)(B), struck out ''is

classified as belonging to an endangered species or threatened

species pursuant to the Endangered Species Act of 1973 or'' after

''the taking of any marine mammal which''.

Subsec. (a)(4), (5). Pub. L. 97-58, Sec. 2(1)(C), added pars. (4)

and (5).

Subsec. (b). Pub. L. 97-58, Sec. 2(2), substituted ''Except as

provided in section 1379 of this title, the provisions of this

chapter shall not apply with respect to the taking of any marine

mammal by any Indian, Aleut, or Eskimo who resides in Alaska and''

for ''The provisions of this chapter shall not apply with respect

to the taking of any marine mammal by any Indian, Aleut, or

Eskimo'' in provisions preceding par. (1) and, in par. (1),

substituted ''is for subsistence purposes; or'' for ''is for

subsistence purposes by Alaskan natives who reside in Alaska, or''.

1973 - Subsec. (a)(3)(B). Pub. L. 93-205 substituted ''or

threatened species pursuant to the Endangered Species Act of 1973''

for ''pursuant to the Endangered Species Conservation Act of

1969''.

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section

16 of Pub. L. 93-205, set out as an Effective Date note under

section 1531 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section

14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1362, 1372, 1373, 1374,

1379, 1381, 1383a, 1386, 1387, 1415, 1417, 1536 of this title.

-CITE-

16 USC Sec. 1372 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1372. Prohibitions

-STATUTE-

(a) Taking

Except as provided in sections 1371, 1373, 1374, 1379, 1381,

1383, 1383a, and 1387 of this title and subchapter V of this

chapter, it is unlawful -

(1) for any person subject to the jurisdiction of the United

States or any vessel or other conveyance subject to the

jurisdiction of the United States to take any marine mammal on

the high seas;

(2) except as expressly provided for by an international

treaty, convention, or agreement to which the United States is a

party and which was entered into before the effective date of

this subchapter or by any statute implementing any such treaty,

convention, or agreement -

(A) for any person or vessel or other conveyance to take any

marine mammal in waters or on lands under the jurisdiction of

the United States; or

(B) for any person to use any port, harbor, or other place

under the jurisdiction of the United States to take or import

marine mammals or marine mammal products; and

(3) for any person, with respect to any marine mammal taken in

violation of this subchapter, to possess that mammal or any

product from that mammal;

(4) for any person to transport, purchase, sell, export, or

offer to purchase, sell, or export any marine mammal or marine

mammal product -

(A) that is taken in violation of this chapter; or

(B) for any purpose other than public display, scientific

research, or enhancing the survival of a species or stock as

provided for under subsection 1374(c) of this title; and

(5) for any person to use, in a commercial fishery, any means

or methods of fishing in contravention of any regulations or

limitations, issued by the Secretary for that fishery to achieve

the purposes of this chapter.

(b) Importation of pregnant or nursing mammals; depleted species or

stock; inhumane taking

Except pursuant to a permit for scientific research, or for

enhancing the survival or recovery of a species or stock, issued

under section 1374(c) of this title, it is unlawful to import into

the United States any marine mammal if such mammal was -

(1) pregnant at the time of taking;

(2) nursing at the time of taking, or less than eight months

old, whichever occurs later;

(3) taken from a species or population stock which the

Secretary has, by regulation published in the Federal Register,

designated as a depleted species or stock; or

(4) taken in a manner deemed inhumane by the Secretary.

Notwithstanding the provisions of paragraphs (1) and (2), the

Secretary may issue a permit for the importation of a marine

mammal, if the Secretary determines that such importation is

necessary for the protection or welfare of the animal.

(c) Importation of illegally taken mammals

It is unlawful to import into the United States any of the

following:

(1) Any marine mammal which was -

(A) taken in violation of this subchapter; or

(B) taken in another country in violation of the law of that

country.

(2) Any marine mammal product if -

(A) the importation into the United States of the marine

mammal from which such product is made is unlawful under

paragraph (1) of this subsection; or

(B) the sale in commerce of such product in the country of

origin of the product is illegal;

(3) Any fish, whether fresh, frozen, or otherwise prepared, if

such fish was caught in a manner which the Secretary has

proscribed for persons subject to the jurisdiction of the United

States, whether or not any marine mammals were in fact taken

incident to the catching of the fish.

(d) Nonapplicability of prohibitions

Subsections (b) and (c) of this section shall not apply -

(1) in the case of marine mammals or marine mammal products, as

the case may be, to which subsection (b)(3) of this section

applies, to such items imported into the United States before the

date on which the Secretary publishes notice in the Federal

Register of his proposed rulemaking with respect to the

designation of the species or stock concerned as depleted; or

(2) in the case of marine mammals or marine mammal products to

which subsection (c)(1)(B) or (c)(2)(B) of this section applies,

to articles imported into the United States before the effective

date of the foreign law making the taking or sale, as the case

may be, of such marine mammals or marine mammal products

unlawful.

(e) Retroactive effect

This chapter shall not apply with respect to any marine mammal

taken before the effective date of this chapter, or to any marine

mammal product consisting of, or composed in whole or in part of,

any marine mammal taken before such date.

(f) Commercial taking of whales

It is unlawful for any person or vessel or other conveyance to

take any species of whale incident to commercial whaling in waters

subject to the jurisdiction of the United States.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 102, Oct. 21, 1972, 86 Stat. 1032;

Pub. L. 93-205, Sec. 13(e)(3), Dec. 28, 1973, 87 Stat. 903; Pub. L.

95-136, Sec. 4, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 97-58, Sec.

3(a), Oct. 9, 1981, 95 Stat. 981; Pub. L. 100-711, Sec. 2(b), 5(b),

(e)(2), Nov. 23, 1988, 102 Stat. 4763, 4769, 4771; Pub. L. 102-587,

title III, Sec. 3004(a)(1), Nov. 4, 1992, 106 Stat. 5067; Pub. L.

103-238, Sec. 5(a), 13(c), 24(c)(9), Apr. 30, 1994, 108 Stat. 536,

558, 566.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subchapter, referred to in subsec.

(a)(2), means the effective date of title I of Pub. L. 92-522. See

section 4 of Pub. L. 92-522, set out as an Effective Date note

under section 1361 of this title.

The effective date of this chapter referred to in subsec. (e),

means the effective date of Pub. L. 92-522. See section 4 of Pub.

L. 92-522, set out as an Effective Date note under section 1361 of

this title.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-238, Sec. 24(c)(9), which

directed technical amendment to reference to subchapter V of this

chapter in introductory provisions to reflect renumbering of

corresponding title of original act, could not be executed to text

because of prior amendment by section 13(c) of Pub. L. 103-238. See

below.

Pub. L. 103-238, Sec. 13(c), in introductory provisions inserted

reference to section 1387 of this title and made technical

amendment to reference to subchapter V of this chapter to reflect

renumbering of corresponding title of original act.

Subsec. (a)(2)(B). Pub. L. 103-238, Sec. 5(a)(1), substituted

''to take or import'' for ''for any purpose in any way connected

with the taking or importation of''.

Subsec. (a)(4). Pub. L. 103-238, Sec. 5(a)(2), substituted

''export, or offer to purchase, sell, or export'' for ''or offer to

purchase or sell'' and ''product - '' for ''product; and'' and

added subpars. (A) and (B).

1992 - Subsec. (a). Pub. L. 102-587 inserted ''or subchapter V of

this chapter'' in introductory provisions.

1988 - Subsec. (a). Pub. L. 100-711, Sec. 2(b), substituted

''1383, and 1383a'' for ''and 1383''.

Subsec. (b). Pub. L. 100-711, Sec. 5(e)(2), substituted

''research, or for enhancing the survival or recovery of a species

or stock,'' for ''research''.

Pub. L. 100-711, Sec. 5(b), inserted sentence at end authorizing

Secretary to issue permit for importation of marine mammal.

1981 - Subsec. (a). Pub. L. 97-58, Sec. 3(a)(1), inserted

reference to section 1379 of this title in the enumeration of

sections preceding par. (1), redesignated par. (4) as (5), and

revised as pars. (3) and (4) the provisions of former par. (3)

amending those provisions so as to make it illegal for any person

to possess a marine mammal, or any product from that mammal, and

for any person to transport, purchase, sell, or offer to purchase

or sell any marine mammal or marine mammal product.

Subsec. (b)(3). Pub. L. 97-58, Sec. 3(a)(2), struck out ''or

which has been listed as an endangered species or threatened

species pursuant to the Endangered Species Act of 1973'' after

''designated as a depleted species or stock''.

Subsec. (d)(1). Pub. L. 97-58, Sec. 3(b)(3), struck out ''or

endangered'' after ''concerned as depleted''.

1977 - Subsec. (f). Pub. L. 95-136 added subsec. (f).

1973 - Subsec. (b)(3). Pub. L. 93-205 substituted ''an endangered

species or threatened species pursuant to the Endangered Species

Act of 1973'' for ''endangered under the Endangered Species

Conservation Act of 1969''.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section

16 of Pub. L. 93-205, set out as an Effective Date note under

section 1531 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1374, 1536 of this

title.

-CITE-

16 USC Sec. 1373 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1373. Regulations on taking of marine mammals

-STATUTE-

(a) Necessity and appropriateness

The Secretary, on the basis of the best scientific evidence

available and in consultation with the Marine Mammal Commission,

shall prescribe such regulations with respect to the taking and

importing of animals from each species of marine mammal (including

regulations on the taking and importing of individuals within

population stocks) as he deems necessary and appropriate to insure

that such taking will not be to the disadvantage of those species

and population stocks and will be consistent with the purposes and

policies set forth in section 1361 of this title.

(b) Factors considered in prescribing regulations

In prescribing such regulations, the Secretary shall give full

consideration to all factors which may affect the extent to which

such animals may be taken or imported, including but not limited to

the effect of such regulations on -

(1) existing and future levels of marine mammal species and

population stocks;

(2) existing international treaty and agreement obligations of

the United States;

(3) the marine ecosystem and related environmental

considerations;

(4) the conservation, development, and utilization of fishery

resources; and

(5) the economic and technological feasibility of

implementation.

(c) Allowable restrictions

The regulations prescribed under subsection (a) of this section

for any species or population stock of marine mammal may include,

but are not limited to, restrictions with respect to -

(1) the number of animals which may be taken or imported in any

calendar year pursuant to permits issued under section 1374 of

this title;

(2) the age, size, or sex (or any combination of the foregoing)

of animals which may be taken or imported, whether or not a quota

prescribed under paragraph (1) of this subsection applies with

respect to such animals;

(3) the season or other period of time within which animals may

be taken or imported;

(4) the manner and locations in which animals may be taken or

imported; and

(5) fishing techniques which have been found to cause undue

fatalities to any species of marine mammal in a fishery.

(d) Procedure

Regulations prescribed to carry out this section with respect to

any species or stock of marine mammals must be made on the record

after opportunity for an agency hearing on both the Secretary's

determination to waive the moratorium pursuant to section

1371(a)(3)(A) of this title and on such regulations, except that,

in addition to any other requirements, imposed by law with respect

to agency rulemaking, the Secretary shall publish and make

available to the public either before or concurrent with the

Publication of notice in the Federal Register of his intention to

prescribe regulations under this section -

(1) a statement of the estimated existing levels of the species

and population stocks of the marine mammal concerned;

(2) a statement of the expected impact of the proposed

regulations on the optimum sustainable population of such species

or population stock;

(3) a statement describing the evidence before the Secretary

upon which he proposes to base such regulations; and

(4) any studies made by or for the Secretary or any

recommendations made by or for the Secretary or the Marine Mammal

Commission which relate to the establishment of such regulations.

(e) Periodic review

Any regulation prescribed pursuant to this section shall be

periodically reviewed, and may be modified from time to time in

such manner as the Secretary deems consistent with and necessary to

carry out the purposes of this chapter.

(f) Report to Congress

Within six months after the effective date of this chapter and

every twelve months thereafter, the Secretary shall report to the

public through publication in the Federal Register and to the

Congress on the current status of all marine mammal species and

population stocks subject to the provisions of this chapter. His

report shall describe those actions taken and those measures

believed necessary, including where appropriate, the issuance of

permits pursuant to this subchapter to assure the well-being of

such marine mammals.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 103, Oct. 21, 1972, 86 Stat. 1033.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (f),

means the effective date of Pub. L. 92-522, See section 4 of Pub.

L. 92-522, set out as an Effective Date note under section 1361 of

this title.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(f) of this section relating to the Secretary reporting to Congress

on the current status of marine mammal species and population

stocks subject to this chapter, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and pages 54 and 107 of House Document No. 103-7.

MARINE MAMMAL POPULATIONS REPORT

Pub. L. 101-627, title XI, Sec. 1101, Nov. 28, 1990, 104 Stat.

4468, directed Secretary of Commerce, in consultation with

Secretary of the Interior, to provide to Congress within 12 months

after Nov. 28, 1990, a report assessing population sizes and trends

of harbor seals, sea otters, California sea lions, and northern sea

lions off the coast of the State of Washington; assessing the

effectiveness of 16 U.S.C. 1371(a)(3)(A) and 1379(h); and

specifying long range management plans for the species of marine

mammals listed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1372, 1374, 1378,

1379, 1380, 1382, 1383a, 1383b, 1387, 1415, 1539 of this title.

-CITE-

16 USC Sec. 1374 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1374. Permits

-STATUTE-

(a) Issuance

The Secretary may issue permits which authorize the taking or

importation of any marine mammal. Permits for the incidental

taking of marine mammals in the course of commercial fishing

operations may only be issued as specifically provided for in

sections (FOOTNOTE 1) 1371(a)(5) or 1416 of this title, or

subsection (h) of this section.

(FOOTNOTE 1) So in original. Probably should be ''section''.

(b) Requisite provisions

Any permit issued under this section shall -

(1) be consistent with any applicable regulation established by

the Secretary under section 1373 of this title, and

(2) specify -

(A) the number and kind of animals which are authorized to be

taken or imported,

(B) the location and manner (which manner must be determined

by the Secretary to be humane) in which they may be taken, or

from which they may be imported,

(C) the period during which the permit is valid, and

(D) any other terms or conditions which the Secretary deems

appropriate.

In any case in which an application for a permit cites as a reason

for the proposed taking the overpopulation of a particular species

or population stock, the Secretary shall first consider whether or

not it would be more desirable to transplant a number of animals

(but not to exceed the number requested for taking in the

application) of that species or stock to a location not then

inhabited by such species or stock but previously inhabited by such

species or stock.

(c) Importation for scientific research, public display, or

enhancing survival or recovery of species or stock

(1) Any permit issued by the Secretary which authorizes the

taking or importation of a marine mammal for purposes of scientific

research, public display, or enhancing the survival or recovery of

a species or stock shall specify, in addition to the conditions

required by subsection (b) of this section, the methods of capture,

supervision, care, and transportation which must be observed

pursuant to such taking or importation. Any person authorized to

take or import a marine mammal for purposes of scientific research,

public display, or enhancing the survival or recovery of a species

or stock shall furnish to the Secretary a report on all activities

carried out by him pursuant to that authority.

(2)(A) A permit may be issued to take or import a marine mammal

for the purpose of public display only to a person which the

Secretary determines -

(i) offers a program for education or conservation purposes

that is based on professionally recognized standards of the

public display community;

(ii) is registered or holds a license issued under 7 U.S.C.

2131 et seq.; and

(iii) maintains facilities for the public display of marine

mammals that are open to the public on a regularly scheduled

basis and that access to such facilities is not limited or

restricted other than by charging of an admission fee.

(B) A permit under this paragraph shall grant to the person to

which it is issued the right, without obtaining any additional

permit or authorization under this chapter, to -

(i) take, import, purchase, offer to purchase, possess, or

transport the marine mammal that is the subject of the permit;

and

(ii) sell, export, or otherwise transfer possession of the

marine mammal, or offer to sell, export, or otherwise transfer

possession of the marine mammal -

(I) for the purpose of public display, to a person that meets

the requirements of clauses (i), (ii), and (iii) of

subparagraph (A);

(II) for the purpose of scientific research, to a person that

meets the requirements of paragraph (3); or

(III) for the purpose of enhancing the survival or recovery

of a species or stock, to a person that meets the requirements

of paragraph (4).

(C) A person to which a marine mammal is sold or exported or to

which possession of a marine mammal is otherwise transferred under

the authority of subparagraph (B) shall have the rights and

responsibilities described in subparagraph (B) with respect to the

marine mammal without obtaining any additional permit or

authorization under this chapter. Such responsibilities shall be

limited to -

(i) for the purpose of public display, the responsibility to

meet the requirements of clauses (i), (ii), and (iii) of

subparagraph (A),

(ii) for the purpose of scientific research, the responsibility

to meet the requirements of paragraph (3), and

(iii) for the purpose of enhancing the survival or recovery of

a species or stock, the responsibility to meet the requirements

of paragraph (4).

(D) If the Secretary -

(i) finds in concurrence with the Secretary of Agriculture,

that a person that holds a permit under this paragraph for a

marine mammal, or a person exercising rights under subparagraph

(C), no longer meets the requirements of subparagraph (A)(ii) and

is not reasonably likely to meet those requirements in the near

future, or

(ii) finds that a person that holds a permit under this

paragraph for a marine mammal, or a person exercising rights

under subparagraph (C), no longer meets the requirements of

subparagraph (A)(i) or (iii) and is not reasonably likely to meet

those requirements in the near future,

the Secretary may revoke the permit in accordance with subsection

(e) of this section, seize the marine mammal, or cooperate with

other persons authorized to hold marine mammals under this chapter

for disposition of the marine mammal. The Secretary may recover

from the person expenses incurred by the Secretary for that

seizure.

(E) No marine mammal held pursuant to a permit issued under

subparagraph (A), or by a person exercising rights under

subparagraph (C), may be sold, purchased, exported, or transported

unless the Secretary is notified of such action no later than 15

days before such action, and such action is for purposes of public

display, scientific research, or enhancing the survival or recovery

of a species or stock. The Secretary may only require the

notification to include the information required for the inventory

established under paragraph (10).

(3)(A) The Secretary may issue a permit under this paragraph for

scientific research purposes to an applicant which submits with its

permit application information indicating that the taking is

required to further a bona fide scientific purpose. The Secretary

may issue a permit under this paragraph before the end of the

public review and comment period required under subsection (d)(2)

of this section if delaying issuance of the permit could result in

injury to a species, stock, or individual, or in loss of unique

research opportunities.

(B) No permit issued for purposes of scientific research shall

authorize the lethal taking of a marine mammal unless the applicant

demonstrates that a nonlethal method of conducting the research is

not feasible. The Secretary shall not issue a permit for research

which involves the lethal taking of a marine mammal from a species

or stock that is depleted, unless the Secretary determines that the

results of such research will directly benefit that species or

stock, or that such research fulfills a critically important

research need.

(C) Not later than 120 days after April 30, 1994, the Secretary

shall issue a general authorization and implementing regulations

allowing bona fide scientific research that may result only in

taking by Level B harassment of a marine mammal. Such

authorization shall apply to persons which submit, by 60 days

before commencement of such research, a letter of intent via

certified mail to the Secretary containing the following:

(i) The species or stocks of marine mammals which may be

harassed.

(ii) The geographic location of the research.

(iii) The period of time over which the research will be

conducted.

(iv) The purpose of the research, including a description of

how the definition of bona fide research as established under

this chapter would apply.

(v) Methods to be used to conduct the research.

Not later than 30 days after receipt of a letter of intent to

conduct scientific research under the general authorization, the

Secretary shall issue a letter to the applicant confirming that the

general authorization applies, or, if the proposed research is

likely to result in the taking (including Level A harassment) of a

marine mammal, shall notify the applicant that subparagraph (A)

applies.

(4)(A) A permit may be issued for enhancing the survival or

recovery of a species or stock only with respect to a species or

stock for which the Secretary, after consultation with the Marine

Mammal Commission and after notice and opportunity for public

comment, has first determined that -

(i) taking or importation is likely to contribute significantly

to maintaining or increasing distribution or numbers necessary to

ensure the survival or recovery of the species or stock; and

(ii) taking or importation is consistent (I) with any

conservation plan adopted by the Secretary under section 1383b(b)

of this title or any recovery plan developed under section

1533(f) of this title for the species or stock, or (II) if there

is no conservation or recovery plan in place, with the

Secretary's evaluation of the actions required to enhance the

survival or recovery of the species or stock in light of the

factors that would be addressed in a conservation plan or a

recovery plan.

(B) A permit issued in accordance with this paragraph may allow

the captive maintenance of a marine mammal from a depleted species

or stock only if the Secretary -

(i) determines that captive maintenance is likely to contribute

to the survival or recovery of the species or stock by

maintaining a viable gene pool, increasing productivity,

providing biological information, or establishing animal

reserves;

(ii) determines that the expected benefit to the affected

species or stock outweighs the expected benefit of alternatives

which do not require removal of animals from the wild; and

(iii) requires that the marine mammal or its progeny be

returned to the natural habitat of the species or stock as soon

as feasible, consistent with the objectives of any applicable

conservation plan or recovery plan, or of any evaluation by the

Secretary under subparagraph (A).

The Secretary may allow the public display of such a marine mammal

only if the Secretary determines that such display is incidental to

the authorized maintenance and will not interfere with the

attainment of the survival or recovery objectives.

(5)(A) The Secretary may issue a permit for the importation of

polar bear parts (other than internal organs) taken in sport hunts

in Canada to an applicant which submits with its permit application

proof that the polar bear was legally harvested in Canada by the

applicant. Such a permit shall be issued if the Secretary, in

consultation with the Marine Mammal Commission and after notice and

opportunity for public comment, finds that -

(i) Canada has a monitored and enforced sport hunting program

consistent with the purposes of the Agreement on the Conservation

of Polar Bears;

(ii) Canada has a sport hunting program based on scientifically

sound quotas ensuring the maintenance of the affected population

stock at a sustainable level;

(iii) the export and subsequent import are consistent with the

provisions of the Convention on International Trade in Endangered

Species of Wild Fauna and Flora and other international

agreements and conventions; and

(iv) the export and subsequent import are not likely to

contribute to illegal trade in bear parts.

(B) The Secretary shall establish and charge a reasonable fee for

permits issued under this paragraph. All fees collected under this

paragraph shall be available to the Secretary until expended for

use in developing and implementing cooperative research and

management programs for the conservation of polar bears in Alaska

and Russia pursuant to section 1383(d) of this title.

(C)(i) The Secretary shall undertake a scientific review of the

impact of permits issued under this paragraph on the polar bear

population stocks in Canada within 2 years after April 30, 1994.

The Secretary shall provide an opportunity for public comment

during the course of such review, and shall include a response to

such public comment in the final report on such review.

(ii) The Secretary shall not issue permits under this paragraph

after September 30, 1996, if the Secretary determines, based on the

scientific review, that the issuance of permits under this

paragraph is having a significant adverse impact on the polar bear

population stocks in Canada. The Secretary may review such

determination annually thereafter, in light of the best scientific

information available, and shall complete the review not later than

January 31 in any year a review is undertaken. The Secretary may

issue permits under this paragraph whenever the Secretary

determines, on the basis of such annual review, that the issuance

of permits under this paragraph is not having a significant adverse

impact on the polar bear population stocks in Canada.

(D) The Secretary of the Interior shall, expeditiously after the

expiration of the applicable 30 day period under subsection (d)(2)

of this section, issue a permit for the importation of polar bear

parts (other than internal organs) from polar bears taken in sport

hunts in Canada before April 30, 1994, to each applicant who

submits, with the permit application, proof that the polar bear was

legally harvested in Canada by the applicant. The Secretary shall

issue such permits without regard to the provisions of

subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3)

of this section, and sections 1371 and 1372 of this title. This

subparagraph shall not apply to polar bear parts that were imported

before June 12, 1997.

(6) A permit may be issued for photography for educational or

commercial purposes involving marine mammals in the wild only to an

applicant which submits with its permit application information

indicating that the taking will be limited to Level B harassment,

and the manner in which the products of such activities will be

made available to the public.

(7) Upon request by a person for a permit under paragraph (2),

(3), or (4) for a marine mammal which is in the possession of any

person authorized to possess it under this chapter and which is

determined under guidance under section 1421a(a) of this title not

to be releasable to the wild, the Secretary shall issue the permit

to the person requesting the permit if that person -

(A) meets the requirements of clauses (i), (ii), and (iii) of

paragraph (2)(A), in the case of a request for a permit under

paragraph (2);

(B) meets the requirements of paragraph (3), in the case of a

request for a permit under that paragraph; or

(C) meets the requirements of paragraph (4), in the case of a

request for a permit under that paragraph.

(8)(A) No additional permit or authorization shall be required to

possess, sell, purchase, transport, export, or offer to sell or

purchase the progeny of marine mammals taken or imported under this

subsection, if such possession, sale, purchase, transport, export,

or offer to sell or purchase is -

(i) for the purpose of public display, and by or to,

respectively, a person which meets the requirements of clauses

(i), (ii), and (iii) of paragraph (2)(A);

(ii) for the purpose of scientific research, and by or to,

respectively, a person which meets the requirements of paragraph

(3); or

(iii) for the purpose of enhancing the survival or recovery of

a species or stock, and by or to, respectively, a person which

meets the requirements of paragraph (4).

(B)(i) A person which has a permit under paragraph (2), or a

person exercising rights under paragraph (2)(C), which has

possession of a marine mammal that gives birth to progeny shall -

(I) notify the Secretary of the birth of such progeny within 30

days after the date of birth; and

(II) notify the Secretary of the sale, purchase, or transport

of such progeny no later than 15 days before such action.

(ii) The Secretary may only require notification under clause (i)

to include the information required for the inventory established

under paragraph (10).

(C) Any progeny of a marine mammal born in captivity before April

30, 1994, and held in captivity for the purpose of public display

shall be treated as though born after April 30, 1994.

(9) No marine mammal may be exported for the purpose of public

display, scientific research, or enhancing the survival or recovery

of a species or stock unless the receiving facility meets standards

that are comparable to the requirements that a person must meet to

receive a permit under this subsection for that purpose.

(10) The Secretary shall establish and maintain an inventory of

all marine mammals possessed pursuant to permits issued under

paragraph (2)(A), by persons exercising rights under paragraph

(2)(C), and all progeny of such marine mammals. The inventory

shall contain, for each marine mammal, only the following

information which shall be provided by a person holding a marine

mammal under this chapter:

(A) The name of the marine mammal or other identification.

(B) The sex of the marine mammal.

(C) The estimated or actual birth date of the marine mammal.

(D) The date of acquisition or disposition of the marine mammal

by the permit holder.

(E) The source from whom the marine mammal was acquired

including the location of the take from the wild, if applicable.

(F) If the marine mammal is transferred, the name of the

recipient.

(G) A notation if the animal was acquired as the result of a

stranding.

(H) The date of death of the marine mammal and the cause of

death when determined.

(d) Application procedures; notice; hearing; review

(1) The Secretary shall prescribe such procedures as are

necessary to carry out this section, including the form and manner

in which application for permits may be made.

(2) The Secretary shall publish notice in the Federal Register of

each application made for a permit under this section. Such notice

shall invite the submission from interested parties, within thirty

days after the date of the notice, of written data or views, with

respect to the taking or importation proposed in such application.

(3) The applicant for any permit under this section must

demonstrate to the Secretary that the taking or importation of any

marine mammal under such permit will be consistent with the

purposes of this chapter and the applicable regulations established

under section 1373 of this title.

(4) If within thirty days after the date of publication of notice

pursuant to paragraph (2) of this subsection with respect to any

application for a permit any interested party or parties request a

hearing in connection therewith, the Secretary may, within sixty

days following such date of publication, afford to such party or

parties an opportunity for such a hearing.

(5) As soon as practicable (but not later than thirty days) after

the close of the hearing or, if no hearing is held, after the last

day on which data, or views, may be submitted pursuant to paragraph

(2) of this subsection, the Secretary shall (A) issue a permit

containing such terms and conditions as he deems appropriate, or

(B) shall deny issuance of a permit. Notice of the decision of the

Secretary to issue or to deny any permit under this paragraph must

be published in the Federal Register within ten days after the date

of issuance or denial.

(6) Any applicant for a permit, or any party opposed to such

permit, may obtain judicial review of the terms and conditions of

any permit issued by the Secretary under this section or of his

refusal to issue such a permit. Such review, which shall be

pursuant to chapter 7 of title 5, may be initiated by filing a

petition for review in the United States district court for the

district wherein the applicant for a permit resides, or has his

principal place of business, or in the United States District Court

for the District of Columbia, within sixty days after the date on

which such permit is issued or denied.

(e) Modification, suspension, and revocation

(1) The Secretary may modify, suspend, or revoke in whole or in

part any permit issued by him under this section -

(A) in order to make any such permit consistent with any change

made after the date of issuance of such permit with respect to

any applicable regulation prescribed under section 1373 of this

title,

(B) in any case in which a violation of the terms and

conditions of the permit is found, or

(C) if, in the case of a permit under subsection (c)(5) of this

section authorizing importation of polar bear parts, the

Secretary, in consultation with the appropriate authority in

Canada, determines that the sustainability of Canada's polar bear

population stocks are being adversely affected or that sport

hunting may be having a detrimental effect on maintaining polar

bear population stocks throughout their range.

(2) Whenever the Secretary shall propose any modification,

suspension, or revocation of a permit under this subsection, the

permittee shall be afforded opportunity, after due notice, for a

hearing by the Secretary with respect to such proposed

modification, suspension, or revocation. Such proposed action by

the Secretary shall not take effect until a decision is issued by

him after such hearing. Any action taken by the Secretary after

such a hearing is subject to judicial review on the same basis as

is any action taken by him with respect to a permit application

under paragraph (5) of subsection (d) of this section.

(3) Notice of the modification, suspension, or revocation of any

permit by the Secretary shall be published in the Federal Register

within ten days from the date of the Secretary's decision.

(f) Possession of permit by issuee or his agent

Any permit issued under this section must be in the possession of

the person to whom it is issued (or an agent of such person) during

-

(1) the time of the authorized or taking importation;

(2) the period of any transit of such person or agent which is

incident to such taking or importation; and

(3) any other time while any marine mammal taken or imported

under a such permit is in the possession of such person or agent.

A duplicate copy of the issued permit must be physically attached

to the container, package, enclosure, or other means of

containment, in which the marine mammal is placed for purposes of

storage, transit, supervision, or care.

(g) Fees

The Secretary shall establish and charge a reasonable fee for

permits issued under this section.

(h) General permits

(1) Consistent with the regulations prescribed pursuant to

section 1373 of this title and to the requirements of section 1371

of this title, the Secretary may issue an annual permit to a United

States purse seine fishing vessel for the taking of such marine

mammals, and shall issue regulations to cover the use of any such

annual permits.

(2) Such annual permits for the incidental taking of marine

mammals in the course of commercial purse seine fishing for

yellowfin tuna in the eastern tropical Pacific Ocean shall be

governed by section 1416 of this title, subject to the regulations

issued pursuant to section 1413 of this title.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 104, Oct. 21, 1972, 86 Stat. 1034;

Pub. L. 98-364, title I, Sec. 102, July 17, 1984, 98 Stat. 440;

Pub. L. 100-711, Sec. 4(d), 5(d), Nov. 23, 1988, 102 Stat. 4767,

4769; Pub. L. 103-238, Sec. 5(b), Apr. 30, 1994, 108 Stat. 537;

Pub. L. 105-18, title V, Sec. 5004, June 12, 1997, 111 Stat. 187;

Pub. L. 105-42, Sec. 4(d), Aug. 15, 1997, 111 Stat. 1125; Pub. L.

105-277, div. A, Sec. 101(e) (title I), Oct. 21, 1998, 112 Stat.

2681-231, 2681-238; Pub. L. 106-31, title V, Sec. 5004(1), May 21,

1999, 113 Stat. 110.)

-REFTEXT-

REFERENCES IN TEXT

7 U.S.C. 2131 et seq., referred to in subsec. (c)(2)(A)(ii), is

the classification for Pub. L. 89-544, Aug. 24, 1966, 80 Stat. 350,

as amended, known as the Animal Welfare Act, which is classified

generally to chapter 54 (Sec. 2131 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2131 of Title 7 and

Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (c)(5)(B). Pub. L. 106-31 made technical

correction to directory language of Pub. L. 105-277. See 1998

Amendment note below.

1998 - Subsec. (c)(5)(B). Pub. L. 105-277, as amended by Pub. L.

106-31, inserted ''until expended'' after ''Secretary'' in second

sentence.

1997 - Subsec. (c)(5)(A). Pub. L. 105-18, Sec. 5004(1), struck

out '', including polar bears taken but not imported prior to April

30, 1994,'' after ''sport hunts in Canada''.

Subsec. (c)(5)(D). Pub. L. 105-18, Sec. 5004(2), added subpar.

(D).

Subsec. (h). Pub. L. 105-42 amended subsec. (h) generally. Prior

to amendment, subsec. (h) related to general permits, extension of

general permit to American Tunaboat Association, and monitoring of

incidental taking of marine mammals.

1994 - Subsec. (a). Pub. L. 103-238, Sec. 5(b)(1), inserted at

end ''Permits for the incidental taking of marine mammals in the

course of commercial fishing operations may only be issued as

specifically provided for in sections 1371(a)(5) or 1416 of this

title, or subsection (h) of this section.''

Subsec. (c)(1). Pub. L. 103-238, Sec. 5(b)(2)(A), struck out

''and after'' after ''must be observed pursuant to''.

Subsec. (c)(2). Pub. L. 103-238, Sec. 5(b)(2)(B), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: ''A

permit may be issued for public display purposes only to an

applicant which offers a program for education or conservation

purposes that, based on professionally recognized standards of the

public display community, is acceptable to the Secretary and which

submits with the permit application information indicating that the

applicant's facilities are open to the public on a regularly

scheduled basis and that access to the facilities is not limited or

restricted other than by the charging of an admission fee.''

Subsec. (c)(3). Pub. L. 103-238, Sec. 5(b)(2)(C), amended par.

(3) generally. Prior to amendment, par. (3) read as follows: ''A

permit may be issued for scientific research purposes only to an

applicant which submits with its permit application information

indicating that the taking is required to further a bona fide

scientific purpose and does not involve unnecessary duplication of

research. No permit issued for purposes of scientific research

shall authorize the killing of a marine mammal unless the applicant

demonstrates that a nonlethal method for carrying out the research

is not feasible. The Secretary shall not issue a permit for

research which involves the lethal taking of a marine mammal from a

species or stock designated as depleted, unless the Secretary

determines that the results of such research will directly benefit

that species or stock, or that such research fulfills a critically

important research need.''

Subsec. (c)(5) to (10). Pub. L. 103-238, Sec. 5(b)(2)(D), added

pars. (5) to (10).

Subsec. (e)(1)(C). Pub. L. 103-238, Sec. 5(b)(3), added subpar.

(C).

1988 - Subsec. (c). Pub. L. 100-711, Sec. 5(d), designated

existing provisions as par. (1) and substituted ''scientific

research, public display, or enhancing the survival or recovery of

a species or stock'' for ''display or scientific research'' in two

places, and added pars. (2) to (4).

Subsec. (h)(2)(B). Pub. L. 100-711, Sec. 4(d), added cls. (iv) to

(ix).

1984 - Subsec. (h). Pub. L. 98-364 designated existing provisions

as par. (1), and added pars. (2) and (3).

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC5-

MODIFICATION OF PERMITS EXISTING PRIOR TO APRIL 30, 1994

Section 5(c) of Pub. L. 103-238 provided that: ''Any permit

issued under section 104(c)(2) of the Marine Mammal Protection Act

of 1972 (16 U.S.C. 1374(c)(2)) before the date of the enactment of

this Act (Apr. 30, 1994) is hereby modified to be consistent with

that section as amended by this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 973g, 1371, 1372, 1373,

1383a, 1384, 1387, 1421d of this title; title 19 section 1466.

-CITE-

16 USC Sec. 1375 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1375. Penalties

-STATUTE-

(a)(1) Any person who violates any provision of this subchapter

or of any permit or regulation issued thereunder, except as

provided in section 1387 of this title, may be assessed a civil

penalty by the Secretary of not more than $10,000 for each such

violation. No penalty shall be assessed unless such person is

given notice and opportunity for a hearing with respect to such

violation. Each unlawful taking or importation shall be a separate

offense. Any such civil penalty may be remitted or mitigated by

the Secretary for good cause shown. Upon any failure to pay a

penalty assessed under this subsection, the Secretary may request

the Attorney General to institute a civil action in a district

court of the United States for any district in which such person is

found, resides, or transacts business to collect the penalty and

such court shall have jurisdiction to hear and decide any such

action.

(2) In any case involving an alleged unlawful importation of a

marine mammal or marine mammal product, if such importation is made

by an individual for his own personal or family use (which does not

include importation as an accommodation to others or for sale or

other commercial use), the Secretary may, in lieu of instituting a

proceeding under paragraph (1), allow the individual to abandon the

mammal or product, under procedures to be prescribed by the

Secretary, to the enforcement officer at the port of entry.

(b) Any person who knowingly violates any provision of this

subchapter or of any permit or regulation issued thereunder (except

as provided in section 1387 of this title) shall, upon conviction,

be fined not more than $20,000 for each such violation, or

imprisoned for not more than one year, or both.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 105, Oct. 21, 1972, 86 Stat. 1036;

Pub. L. 97-58, Sec. 3(b), Oct. 9, 1981, 95 Stat. 982; Pub. L.

103-238, Sec. 13(a), (b), Apr. 30, 1994, 108 Stat. 558.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-238, Sec. 13(a), inserted '',

except as provided in section 1387 of this title,'' after

''thereunder''.

Subsec. (b). Pub. L. 103-238, Sec. 13(b), inserted ''(except as

provided in section 1387 of this title)'' after ''thereunder''.

1981 - Subsec. (a). Pub. L. 97-58 designated existing provisions

as par. (1) and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1377, 1379, 1383, 1387,

1417, 3703 of this title; title 46 App. section 1273a.

-CITE-

16 USC Sec. 1375a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1375a. Use of fines for protection and recovery of manatees,

polar bears, sea otters, and walruses

-STATUTE-

On and after November 29, 1999, all fines collected by the United

States Fish and Wildlife Service for violations of the Marine

Mammal Protection Act (16 U.S.C. 1362-1407) and implementing

regulations shall be available to the Secretary, without further

appropriation, to be used for the expenses of the United States

Fish and Wildlife Service in administering activities for the

protection and recovery of manatees, polar bears, sea otters, and

walruses, and shall remain available until expended.

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title I), Nov. 29,

1999, 113 Stat. 1535, 1501A-139.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Mammal Protection Act, referred to in text, probably

means the Marine Mammal Protection Act of 1972, Pub. L. 92-522,

Oct. 21, 1972, 86 Stat. 1027, as amended, which is classified

generally to this chapter. For complete classification of this Act

to the Code, see Short Title note set out under section 1361 of

this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 2000, and not as part of the

Marine Mammal Protection Act of 1972 which comprises this chapter.

-CITE-

16 USC Sec. 1376 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1376. Seizure and forfeiture of cargo

-STATUTE-

(a) Application of consistent provisions

Any vessel or other conveyance subject to the jurisdiction of the

United States that is employed in any manner in the unlawful taking

of any marine mammal shall have its entire cargo or the monetary

value thereof subject to seizure and forfeiture. All provisions of

law relating to the seizure, judicial forfeiture, and condemnation

of cargo for violation of the customs laws, the disposition of such

cargo, and the proceeds from the sale thereof, and the remission or

mitigation of any such forfeiture, shall apply with respect to the

cargo of any vessel or other conveyance seized in connection with

the unlawful taking of a marine mammal insofar as such provisions

of law are applicable and not inconsistent with the provisions of

this subchapter.

(b) Penalties

Any vessel subject to the jurisdiction of the United States that

is employed in any manner in the unlawful taking of any marine

mammal shall be liable for a civil penalty of not more than

$25,000. Such penalty shall be assessed by the district court of

the United States having jurisdiction over the vessel. Clearance

of a vessel against which a penalty has been assessed, from a port

of the United States, may be withheld until such penalty is paid,

or until a bond or otherwise satisfactory surety is posted. Such

penalty shall constitute a maritime lien on such vessel which may

be recovered by action in rem in the district court of the United

States having jurisdiction over the vessel.

(c) Reward for information leading to conviction

Upon the recommendation of the Secretary, the Secretary of the

Treasury is authorized to pay an amount equal to one-half of the

fine incurred but not to exceed $2,500 to any person who furnishes

information which leads to a conviction for a violation of this

subchapter. Any officer or employee of the United States or of any

State or local government who furnishes information or renders

service in the performance of his official duties shall not be

eligible for payment under this section.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 106, Oct. 21, 1972, 86 Stat. 1036.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1379, 1387 of this title.

-CITE-

16 USC Sec. 1377 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1377. Enforcement

-STATUTE-

(a) Utilization of personnel

Except as otherwise provided in this subchapter, the Secretary

shall enforce the provisions of this subchapter. The Secretary may

utilize, by agreement, the personnel, services, and facilities of

any other Federal agency for purposes of enforcing this subchapter.

(b) State officers and employees

The Secretary may also designate officers and employees of any

State or of any possession of the United States to enforce the

provisions of this subchapter. When so designated, such officers

and employees are authorized to function as Federal law enforcement

agents for these purposes, but they shall not be held and

considered as employees of the United States for the purposes of

any laws administered by the Director of the Office of Personnel

Management.

(c) Warrants and other process for enforcement

The judges of the district courts of the United States and the

United States magistrate judges may, within their respective

jurisdictions, upon proper oath or affirmation showing probable

cause, issue such warrants or other process, including warrants or

other process issued in admiralty proceedings in United States

district courts, as may be required for enforcement of this

subchapter and any regulations issued thereunder.

(d) Execution of process; arrest; search; seizure

Any person authorized by the Secretary to enforce this subchapter

may execute any warrant or process issued by any officer or court

of competent jurisdiction for the enforcement of this subchapter.

Such a person so authorized may, in addition to any other authority

conferred by law -

(1) with or without warrant or other process, arrest any person

committing in his presence or view a violation of this subchapter

or the regulations issued thereunder;

(2) with a warrant or other process, or without a warrant if he

has reasonable cause to believe that a vessel or other conveyance

subject to the jurisdiction of the United States or any person on

board is in violation of any provision of this subchapter or the

regulations issued thereunder, search such vessel or conveyance

and arrest such person;

(3) seize the cargo of any vessel or other conveyance subject

to the jurisdiction of the United States used or employed

contrary to the provisions of this subchapter or the regulations

issued hereunder or which reasonably appears to have been so used

or employed; and

(4) seize, whenever and wherever found, all marine mammals and

marine mammals products taken or retained in violation of this

subchapter or the regulations issued thereunder and shall dispose

of them, in accordance with regulations prescribed by the

Secretary.

(e) Disposition of seized cargo

(1) Whenever any cargo or marine mammal or marine mammal product

is seized pursuant to this section, the Secretary shall expedite

any proceedings commenced under section 1375(a) or (b) of this

title. All marine mammal or marine mammal products or other cargo

so seized shall be held by any person authorized by the Secretary

pending disposition of such proceedings. The owner or consignee of

any such marine mammal or marine mammal product or other cargo so

seized shall, as soon as practicable following such seizure, be

notified of that fact in accordance with regulations established by

the Secretary.

(2) The Secretary may, with respect to any proceeding under

section 1375(a) or (b) of this title, in lieu of holding any marine

mammal or marine mammal product or other cargo, permit the person

concerned to post bond or other surety satisfactory to the

Secretary pending the disposition of such proceeding.

(3)(A) Upon the assessment of a penalty pursuant to section

1375(a) of this title, all marine mammals and marine mammal

products or other cargo seized in connection therewith may be

proceeded against in any court of competent jurisdiction and

forfeited to the Secretary for disposition by him in such manner as

he deems appropriate.

(B) Upon conviction for violation of section 1375(b) of this

title, all marine mammals and marine mammal products seized in

connection therewith shall be forfeited to the Secretary for

disposition by him in such manner as he deems appropriate. Any

other property or item so seized may, at the discretion of the

court, be forfeited to the United States or otherwise disposed of.

(4) If with respect to any marine mammal or marine mammal product

or other cargo so seized -

(A) a civil penalty is assessed under section 1375(a) of this

title and no judicial action is commenced to obtain the

forfeiture of such mammal or product within thirty days after

such assessment, such marine mammal or marine mammal product or

other cargo shall be immediately returned to the owner or the

consignee; or

(B) no conviction results from an alleged violation of section

1375(b) of this title, such marine mammal or marine mammal

product or other cargo shall immediately be returned to the owner

or consignee if the Secretary does not, with (FOOTNOTE 1) thirty

days after the final disposition of the case involving such

alleged violation, commence proceedings for the assessment of a

civil penalty under section 1375(a) of this title.

(FOOTNOTE 1) So in original. Probably should be ''within''.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 107, Oct. 21, 1972, 86 Stat. 1037;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R.

36037, 92 Stat. 3783; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117.)

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in subsec. (c) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

''Director of the Office of Personnel Management'' substituted

for ''Civil Service Commission'' in subsec. (b) pursuant to Reorg.

Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred functions vested by statute in Civil

Service Commission to Director of Office of Personnel Management

(except as otherwise specified), effective Jan. 1, 1979, as

provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44

F.R. 1055, set out under section 1101 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1379, 1387 of this title.

-CITE-

16 USC Sec. 1378 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1378. International program

-STATUTE-

(a) Duties of Secretary

The Secretary, through the Secretary of State, shall -

(1) initiate negotiations as soon as possible for the

development of bilateral or multilateral agreements with other

nations for the protection and conservation of all marine mammals

covered by this chapter;

(2) initiate -

(A) negotiations as soon as possible with all foreign

governments which are engaged in, or which have persons or

companies engaged in, commercial fishing operations which are

found by the Secretary to be unduly harmful to any species or

population stock of marine mammal, for the purpose of entering

into bilateral and multilateral treaties with such countries to

protect marine mammals, with the Secretary of State to prepare

a draft agenda relating to this matter for discussion at

appropriate international meetings and forums;

(B) discussions with foreign governments whose vessels

harvest yellowfin tuna with purse seines in the eastern

tropical Pacific Ocean, for the purpose of concluding, through

the Inter-American Tropical Tuna Commission or such other

bilateral or multilateral institutions as may be appropriate,

international arrangements for the conservation of marine

mammals taken incidentally in the course of harvesting such

tuna, which should include provisions for (i) cooperative

research into alternative methods of locating and catching

yellowfin tuna which do not involve the taking of marine

mammals, (ii) cooperative research on the status of affected

marine mammal population stocks, (iii) reliable monitoring of

the number, rate, and species of marine mammals taken by

vessels of harvesting nations, (iv) limitations on incidental

take levels based upon the best scientific information

available, and (v) the use of the best marine mammal safety

techniques and equipment that are economically and

technologically practicable to reduce the incidental kill and

serious injury of marine mammals to insignificant levels

approaching a zero mortality and serious injury rate;

(C) negotiations to revise the Convention for the

Establishment of an Inter-American Tropical Tuna Commission (1

U.S.T. 230; TIAS 2044) which will incorporate -

(i) the conservation and management provisions agreed to by

the nations which have signed the Declaration of Panama and

in the Straddling Fish Stocks and Highly Migratory Fish

Stocks Agreement, as opened for signature on December 4,

1995; and

(ii) a revised schedule of annual contributions to the

expenses of the Inter-American Tropical Tuna Commission that

is equitable to participating nations; and

(D) discussions with those countries participating, or likely

to participate, in the International Dolphin Conservation

Program, for the purpose of identifying sources of funds needed

for research and other measures promoting effective protection

of dolphins, other marine species, and the marine ecosystem;

(3) encourage such other agreements to promote the purposes of

this chapter with other nations for the protection of specific

ocean and land regions which are of special significance to the

health and stability of marine mammals;

(4) initiate the amendment of any existing international treaty

for the protection and conservation of any species of marine

mammal to which the United States is a party in order to make

such treaty consistent with the purposes and policies of this

chapter;

(5) seek the convening of an international ministerial meeting

on marine mammals before July 1, 1973, for the purposes of (A)

the negotiation of a binding international convention for the

protection and conservation of all marine mammals, and (B) the

implementation of paragraph (3) of this section; and

(6) provide to the Congress by not later than one year after

October 21, 1972, a full report on the results of his efforts

under this section.

(b) Consultations and studies concerning North Pacific fur seals

(1) In addition to the foregoing, the Secretary shall -

(A) in consultation with the Marine Mammal Commission

established by section 1401 of this title, undertake a study of

the North Pacific fur seals to determine whether herds of such

seals subject to the jurisdiction of the United States are

presently at their optimum sustainable population and what

population trends are evident; and

(B) in consultation with the Secretary of State, promptly

undertake a comprehensive study of the provisions of this

chapter, as they relate to North Pacific fur seals, and the

provisions of the North Pacific Fur Seal Convention signed on

February 9, 1957, as extended (hereafter referred to in this

subsection as the ''Convention''), to determine what

modifications, if any, should be made to the provisions of the

Convention, or of this chapter, or both, to make the Convention

and this chapter consistent with each other.

The Secretary shall complete the studies required under this

paragraph not later than one year after October 21, 1972, and shall

immediately provide copies thereof to Congress.

(2) If the Secretary finds -

(A) as a result of the study required under paragraph (1)(A) of

this subsection, that the North Pacific fur seal herds are below

their optimum sustainable population and are not trending upward

toward such level, or have reached their optimum sustainable

population but are commencing a downward trend, and believes the

herds to be in danger of depletion; or

(B) as a result of the study required under paragraph (1)(B) of

this subsection, that modifications of the Convention are

desirable to make it and this chapter consistent;

he shall, through the Secretary of State, immediately initiate

negotiations to modify the Convention so as to (i) reduce or halt

the taking of seals to the extent required to assure that such

herds attain and remain at their optimum sustainable population, or

(ii) make the Convention and this chapter consistent; or both, as

the case may be. If negotiations to so modify the Convention are

unsuccessful, the Secretary shall, through the Secretary of State,

take such steps as may be necessary to continue the existing

Convention beyond its present termination date so as to continue to

protect and conserve the North Pacific fur seals and to prevent a

return to pelagic sealing.

(c) Description of annual results of discussions; proposals for

further action

The Secretary shall include a description of the annual results

of discussions initiated and conducted pursuant to subsection

(a)(2)(B) of this section, as well as any proposals for further

action to achieve the purposes of that subsection, in the report

required under section 1373(f) of this title.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 108, Oct. 21, 1972, 86 Stat. 1038;

Pub. L. 100-711, Sec. 4(b), (c), Nov. 23, 1988, 102 Stat. 4766,

4767; Pub. L. 105-42, Sec. 4(e), Aug. 15, 1997, 111 Stat. 1125.)

-MISC1-

AMENDMENTS

1997 - Subsecs. (a)(2)(C), (D). Pub. L. 105-42 added subpars. (C)

and (D).

1988 - Subsec. (a)(2). Pub. L. 100-711, Sec. 4(b), amended par.

(2) generally. Prior to amendment, par. (2) read as follows:

''initiate negotiations as soon as possible with all foreign

governments which are engaged in, or which have persons or

companies engaged in, commercial fishing operations which are found

by the Secretary to be unduly harmful to any species of marine

mammal, for the purpose of entering into bilateral and multilateral

treaties with such countries to protect marine mammals. The

Secretary of State shall prepare a draft agenda relating to this

matter for discussion at appropriate international meetings and

forums;''.

Subsec. (c). Pub. L. 100-711, Sec. 4(c), added subsec. (c).

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

-CITE-

16 USC Sec. 1379 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1379. Transfer of management authority

-STATUTE-

(a) State enforcement of State laws or regulations prohibited

without transfer to State of management authority by Secretary

No State may enforce, or attempt to enforce, any State law or

regulation relating to the taking of any species (which term for

purposes of this section includes any population stock) of marine

mammal within the State unless the Secretary has transferred

authority for the conservation and management of that species

(hereinafter referred to in this section as ''management

authority'') to the State under subsection (b)(1) of this section.

(b) Findings prerequisite to transfer of authority; State program;

implementation

(1) Subject to paragraph (2) and subsection (f) of this section,

the Secretary shall transfer management authority for a species of

marine mammal to a State if the Secretary finds, after notice and

opportunity for public comment, that the State has developed and

will implement a program for the conservation and management of the

species that -

(A) is consistent with the purposes, policies, and goals of

this chapter and with international treaty obligations;

(B) requires that all taking of the species be humane;

(C) does not permit the taking of the species unless and until

-

(i) the State has determined, under a process consistent with

the standards set forth in subsection (c) of this section -

(I) that the species is at its optimum sustainable

population (hereinafter in this section referred to as

''OSP''), and

(II) the maximum number of animals of that species that may

be taken without reducing the species below its OSP, and

(ii) the determination required under clause (i) is final and

implemented under State law, and, if a cooperative allocation

agreement for the species is required under subsection (d)(1)

of this section, such as agreement is implemented;

(D) does not permit the taking of a number of animals of the

species that exceeds the maximum number determined pursuant to

subparagraph (C)(i)(II), and, in the case of taking for

subsistence uses (as defined in subsection (f)(2) of this

section), does not permit the taking of a number of animals that

would be inconsistent with the maintenance of the species at its

OSP;

(E) does not permit the taking of the species for scientific

research, public display, or enhancing the survival or recovery

of a species or stock, except for taking for such purposes that

is undertaken by, or on behalf of, the State;

(F) provides procedures for acquiring data, and evaluating such

data and other new evidence, relating to the OSP of the species,

and the maximum take that would maintain the species at the

level, and, if required on the basis of such evaluation, for

amending determinations under subparagraph (C)(i);

(G) provides procedures for the resolution of differences

between the State and the Secretary that might arise during the

development of a cooperative allocation agreement under

subsection (d)(1) of this section; and

(H) provides for the submission of an annual report to the

Secretary regarding the administration of the program during the

reporting period.

(2) During the period between the transfer of management

authority for a species to a State under paragraph (1) and the time

at which the implementation requirements under paragraph (1)(C)(ii)

are complied with -

(A) the State program shall not apply with respect to the

taking of the species within the State for any purpose, or under

any condition, provided for under section 1371 of this title; and

(B) the Secretary shall continue to regulate, under this

subchapter, all takings of the species within the State.

(3) After the determination required under paragraph (1)(C)(i)

regarding a species is final and implemented under State law and

after a cooperative allocation agreement described in subsection

(d)(1) of this section, if required, is implemented for such

species -

(A) such determination shall be treated, for purposes of

applying this subchapter beyond the territory of the State, as a

determination made in accordance with section 1373 of this title

and as an applicable waiver under section 1371(a)(3) of this

title;

(B) the Secretary shall regulate, without regard to this

section other than the allocations specified under such an

agreement, the taking of the species -

(i) incidentally in the course of commercial fishing

operations (whether provided for under section 1371(a)(2) or

(4) of this title), or in the course of other specified

activities provided for under section 1371(a)(5) of this title,

in the zone described in section 1362(14)(B) (FOOTNOTE 1) of

this title, and

(FOOTNOTE 1) See References in Text note below.

(ii) for scientific research, public display, or enhancing

the survival or recovery of a species or stock (other than by,

or on behalf of, the State), except that any taking authorized

under a permit issued pursuant to section 1371(a)(1) of this

title after October 9, 1981, allowing the removal of live

animals from habitat within the State shall not be effective if

the State agency disapproves, on or before the date of issuance

of the permit, such taking as being inconsistent with the State

program; and

(C) section 1371(b) of this title shall not apply.

(c) Standards with which State process must comply

The State process required under subsection (b)(1)(C) of this

section must comply with the following standards:

(1) The State agency with management authority for the species

(hereinafter in this section referred to as the ''State agency'')

must make an initial determination regarding the factors

described in clause (i) of that subsection. The State agency

must identify, and make available to the public under reasonable

circumstances, the documentation supporting such initial

determination. Unless request for a hearing under paragraph (2)

regarding the initial determination is timely made, the initial

determination shall be treated as final under State law.

(2) The State agency shall provide opportunity, at the request

of any interested party, for a hearing with respect to the

initial determination made by it under paragraph (1) at which

interested parties may -

(A) present oral and written evidence in support of or

against such determination; and

(B) cross-examine persons presenting evidence at the hearing.

The State agency must give public notice of the hearing and make

available to the public within a reasonable time before

commencing the hearing a list of the witnesses for the State and

a general description of the documentation and other evidence

that will be relied upon by such witnesses.

(3) The State agency, solely on the basis of the record

developed at a hearing held pursuant to paragraph (2), must make

a decision regarding its initial determination under paragraph

(1) and shall include with the record a statement of the findings

and conclusions, and the reason or basis therefor, on all

material issues.

(4) Opportunity for judicial review of the decision made by the

State agency on the record under paragraph (3), under scope of

review equivalent to that provided for in section 706(2)(A)

through (E) of title 5, must be available under State law. The

Secretary may not initiate judicial review of any such decision.

(d) Cooperative allocation agreements

(1) If the range of a species with respect to which a

determination under paragraph (1)(C)(i) of subsection (b) of this

section is made extends beyond the territorial waters of the State,

the State agency and the Secretary (who shall first coordinate with

the Marine Mammal Commission and the appropriate Regional Fishery

Management Council established under section 1852 of this title)

shall enter into a cooperative allocation agreement providing

procedures for allocating, on a timely basis, such of the number of

animals, as determined under paragraph (1)(C)(i)(II) of subsection

(b) of this section, as may be appropriate with priority of

allocation being given firstly to taking for subsistence uses in

the case of the State of Alaska, and secondly to taking for

purposes provided for under section 1371(a) of this title within

the zone described in section 1362(14)(B) (FOOTNOTE 2) of this

title.

(FOOTNOTE 2) See References in Text note below.

(2) If the State agency requests the Secretary to regulate the

taking of a species to which paragraph (1) applies within the zone

described in section 1362(14)(B) (FOOTNOTE 2) of this title for

subsistence uses or for hunting, or both, in a manner consistent

with the regulation by the State agency of such taking within the

State, the Secretary shall adopt, and enforce within such zone,

such of the State agency's regulatory provisions as the Secretary

considers to be consistent with his administration of section

1371(a) of this title within such zone. The Secretary shall adopt

such provisions through the issuance of regulations under section

553 of title 5, and with respect to such issuance the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), the Paperwork Reduction

Act, (FOOTNOTE 2) Executive Order Numbered 12291, dated February

17, 1981, and the thirty-day notice requirement in subsection (d)

of such section 553 shall not apply. For purposes of sections

1375, 1376, and 1377 of this title, such regulations shall be

treated as having been issued under this subchapter.

(e) Revocation of transfer of management authority

(1) Subject to paragraph (2), the Secretary shall revoke, after

opportunity for a hearing, any transfer of management authority

made to a State under subsection (b)(1) of this section if the

Secretary finds that the State program for the conservation and

management of the species concerned is not being implemented, or is

being implemented in a manner inconsistent with the provisions of

this section or the provisions of the program. The Secretary shall

also establish a procedure for the voluntary return by a State to

the Secretary of species management authority that was previously

transferred to the State under subsection (b)(1) of this section.

(2)(A) The Secretary may not revoke a transfer of management

authority under paragraph (1) unless -

(i) the Secretary provides to the State a written notice of

intent to revoke together with a statement, in detail, of those

actions, or failures to act, on which such intent is based; and

(ii) during the ninety-day period after the date of the notice

of intent to revoke -

(I) the Secretary provides opportunity for consultation

between him and the State concerning such State actions or

failures to act and the remedial measures that should be taken

by the State, and

(II) the State does not take such remedial measures as are

necessary, in the judgment of the Secretary, to bring its

conservation and management program, or the administration or

enforcement of the program, into compliance with the provisions

of this section.

(B) When a revocation by the Secretary of a transfer of

management authority to a State becomes final, or the State

voluntarily returns management authority to the Secretary, the

Secretary shall regulate the taking, and provide for the

conservation and management, of the species within the State in

accordance with the provisions of this chapter (and in the case of

Alaskan Natives, section 1371(b) of this title and subsection (i)

of this section shall apply upon such revocation or return of

management authority).

(f) Transfer of management authority to State of Alaska

(1) The Secretary may not transfer management authority to the

State of Alaska under subsection (b)(1) of this section for any

species of marine mammal unless -

(A) the State has adopted and will implement a statute and

regulations that insure that the taking of the species for

subsistence uses -

(i) is accomplished in a nonwasteful manner,

(ii) will be the priority consumptive use of the species, and

(iii) if required to be restricted, such restriction will be

based upon -

(I) the customary and direct dependence upon the species as

the mainstay of livelihood,

(II) local residency, and

(III) the availability of alternative resources; and

(B) the State has adopted a statute or regulation that requires

that any consumptive use of marine mammal species, other than for

subsistence uses, will be authorized during a regulatory year

only if the appropriate agency first makes findings, based on an

administrative record before it, that -

(i) such use will have no significant adverse impact upon

subsistence uses of the species, and

(ii) the regulation of such use, including, but not limited

to, licensing of marine mammal hunting guides and the

assignment of guiding areas, will, to the maximum extent

practicable, provide economic opportunities for the residents

of the rural coastal villages of Alaska who engage in

subsistence uses of that species.

(2) For purposes of paragraph (1), the term ''subsistence uses''

means the customary and traditional uses by rural Alaska residents

of marine mammals for direct personal or family consumption as

food, shelter, fuel, clothing, tools, or transportation; for the

making and selling of handicraft articles out of nonedible

byproducts of marine mammals taken for personal or family

consumption; and for barter, or sharing for personal or family

consumption. As used in this paragraph -

(A) The term ''family'' means all persons related by blood,

marriage, or adoption, or any person living within a household on

a permanent basis.

(B) The term ''barter'' means the exchange of marine mammals or

their parts, taken for subsistence uses -

(i) for other wildlife or fish or their parts, or

(ii) for other food or for nonedible items other than money

if the exchange is of a limited and noncommercial nature.

(g) Environmental impact statement not required

Neither the transfer of management authority to a State under

subsection (b)(1) of this section, nor the revocation or voluntary

return of such authority under subsection (e) of this section,

shall be deemed to be an action for which an environmental impact

statement is required under section 4332 of title 42.

(h) Taking of marine mammals as part of official duties

(1) Nothing in this subchapter or subchapter V of this chapter

shall prevent a Federal, State, or local government official or

employee or a person designated under section 1382(c) of this title

from taking, in the course of his or her duties as an official,

employee, or designee, a marine mammal in a humane manner

(including euthanasia) if such taking is for -

(A) the protection or welfare of the mammal,

(B) the protection of the public health and welfare, or

(C) the nonlethal removal of nuisance animals.

(2) Nothing in this subchapter shall prevent the Secretary or a

person designated under section 1382(c) of this title from

importing a marine mammal into the United States if such

importation is necessary to render medical treatment that is not

otherwise available.

(3) In any case in which it is feasible to return to its natural

habitat a marine mammal taken or imported under circumstances

described in this subsection, steps to achieve that result shall be

taken.

(i) Regulations covering taking of marine mammals by Alaskan

natives

The Secretary may (after providing notice thereof in the Federal

Register and in newspapers of general circulation, and through

appropriate electronic media, in the affected area and providing

opportunity for a hearing thereon in such area) prescribe

regulations requiring the marking, tagging, and reporting of

animals taken pursuant to section 1371(b) of this title.

(j) Grants to develop or administer State conservation and

management programs

The Secretary may make grants to States to assist them -

(1) in developing programs, to be submitted for approval under

subsection (b) of this section, for the conservation and

management of species of marine mammals; and

(2) in administering such programs if management authority for

such species is transferred to the State under such subsection.

Grants made under this subsection may not exceed 50 per centum of

the costs of developing a State program before Secretarial

approval, or of administering the program thereafter.

(k) Delegation of administration and enforcement to States

The Secretary is authorized and directed to enter into

cooperative arrangements with the appropriate officials of any

State for the delegation to such State of the administration and

enforcement of this subchapter: Provided, That any such arrangement

shall contain such provisions as the Secretary deems appropriate to

insure that the purposes and policies of this chapter will be

carried out.

(l) Authorization of appropriations

(1) There are authorized to be appropriated to the Department of

the Interior, for the purposes of carrying out this section, not to

exceed $400,000 for each of the fiscal years ending September 30,

1979, September 30, 1980, and September 30, 1981.

(2) There are authorized to be appropriated to the Department of

Commerce, for the purposes of carrying out this section, not to

exceed $225,000 for each of the fiscal years ending September 30,

1979, September 30, 1980, and September 30, 1981.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 109, Oct. 21, 1972, 86 Stat. 1040;

Pub. L. 95-316, Sec. 1, July 10, 1978, 92 Stat. 380; Pub. L. 97-58,

Sec. 4(a), Oct. 9, 1981, 95 Stat. 982; Pub. L. 100-711, Sec. 5(a),

(e)(3), Nov. 23, 1988, 102 Stat. 4769, 4771; Pub. L. 102-587, title

III, Sec. 3004(a)(2), Nov. 4, 1992, 106 Stat. 5067; Pub. L.

103-238, Sec. 24(c)(10), Apr. 30, 1994, 108 Stat. 566.)

-REFTEXT-

REFERENCES IN TEXT

Section 1362(14) of this title, referred to in subsecs.

(b)(3)(B)(i) and (d), was redesignated section 1362(15) by Pub. L.

102-582, title IV, Sec. 401(a), Nov. 2, 1992, 106 Stat. 4909.

The Regulatory Flexibility Act, referred to in subsec. (d)(2), is

Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164, which is classified

generally to chapter 6 (Sec. 601 et seq.) of Title 5, Government

Organization and Employees. For complete classification of this Act

to the Code, see Short Title note set out under section 601 of

Title 5 and Tables.

The Paperwork Reduction Act, referred to in subsec. (d)(2),

probably means the Paperwork Reduction Act of 1980, Pub. L. 96-511,

Dec. 11, 1980, 94 Stat. 2812, as amended, which was classified

principally to chapter 35 (Sec. 3501 et seq.) of Title 44, Public

Printing and Documents, prior to the general amendment of that

chapter by the Paperwork Reduction Act of 1995, Pub. L. 104-13,

Sec. 2, May 22, 1995, 109 Stat. 163. For complete classification of

this Act to the Code, see Short Title of 1980 Amendment note set

out under section 101 of Title 44 and Tables.

Executive Order Numbered 12291, dated February 17, 1981, referred

to in subsec. (d)(2), was formerly set out as a note under section

601 of Title 5, Government Organization and Employees, and was

revoked by Ex. Ord. No. 12866, Sec. 11, Sept. 30, 1993, 58 F.R.

51735.

-MISC2-

AMENDMENTS

1994 - Subsec. (h)(1). Pub. L. 103-238 made technical amendment

to reference to subchapter V of this chapter to reflect renumbering

of corresponding title of original act.

1992 - Subsec. (h)(1). Pub. L. 102-587 inserted ''or subchapter V

of this chapter'' in introductory provisions.

1988 - Subsec. (b)(1)(E). Pub. L. 100-711, Sec. 5(e)(3)(A),

substituted ''research, public display, or enhancing the survival

or recovery of a species or stock'' for ''research and public

display purposes''.

Subsec. (b)(3)(B)(ii). Pub. L. 100-711, Sec. 5(e)(3)(B),

substituted ''research, public display, or enhancing the survival

or recovery of a species or stock'' for ''research or public

display purposes''.

Subsec. (h). Pub. L. 100-711, Sec. 5(a), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows:

''Nothing in this subchapter shall prevent a Federal, State, or

local government official or employee or a person designated under

section 1382(c) of this title from taking, in the course of his

duties as an official, employee, or designee, a marine mammal in a

humane manner (including euthanasia) if such taking is for -

''(1) the protection or welfare of the mammal,

''(2) the protection of the public health and welfare, or

''(3) the nonlethal removal of nuisance animals,

and, in any case in which the return of the mammal to its natural

habitat is feasible, includes steps designed to achieve that

result.''

1981 - Subsec. (a). Pub. L. 97-58, Sec. 4(a)(2), added subsec.

(a). Former subsec. (a), relating to State regulation of the taking

of marine mammals, was struck out.

Subsec. (b). Pub. L. 97-58, Sec. 4(a)(2), added subsec. (b).

Former subsec. (b), relating to the making of grants to States by

the Secretary, was struck out. See subsec. (j) of this section.

Subsecs. (c), (d). Pub. L. 97-58, Sec. 4(a)(1), (2), added

subsecs. (c) and (d). Former subsecs. (c) and (d) redesignated (k)

and (l), respectively.

Subsecs. (e) to (j). Pub. L. 97-58, Sec. 4(a)(2), added subsecs.

(e) to (j).

Subsecs. (k), (l). Pub. L. 97-58, Sec. 4(a)(1), redesignated

subsecs. (c) and (d) as (k) and (l), respectively.

1978 - Subsec. (d). Pub. L. 95-316 added subsec. (d).

COOPERATIVE AGREEMENTS UNDER ENDANGERED SPECIES ACT

Section 4(b) of Pub. L. 97-58 provided that: ''Nothing in the

amendments made by subsection (a) (amending this section) shall be

construed as affecting in any manner, or to any extent, any

cooperative agreement entered into by a State under section 6(c) of

the Endangered Species Act of 1973 (16 U.S.C. 1535(c)) before, on,

or after the date of the enactment of this Act (Oct. 9, 1981).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1153, 1362, 1371, 1372,

1421b, 1421h of this title.

-CITE-

16 USC Sec. 1380 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1380. Marine mammal research grants

-STATUTE-

(a) Authorization; research concerning yellowfin tuna; annual

report

The Secretary is authorized to make grants, or to provide

financial assistance in such other form as he deems appropriate, to

any Federal or State agency, public or private institution, or

other person for the purpose of assisting such agency, institution,

or person to undertake research in subjects which are relevant to

the protection and conservation of marine mammals. In carrying out

this subsection, the Secretary shall undertake a program of, and

shall provide financial assistance for, research into new methods

of locating and catching yellowfin tuna without the incidental

taking of marine mammals. The Secretary shall include a

description of the annual results of research carried out under

this section in the report required under section 1373(f) of this

title.

(b) Terms and conditions

Any grant or other financial assistance provided by the Secretary

pursuant to this section shall be subject to such terms and

conditions as the Secretary deems necessary to protect the

interests of the United States and shall be made after review by

the Marine Mammal Commission.

(c) Gulf of Maine ecosystem protection

(1) No later than 1 year after April 30, 1994, the Secretary of

Commerce shall convene a regional workshop for the Gulf of Maine to

assess human-caused factors affecting the health and stability of

that marine ecosystem, of which marine mammals are a part. The

workshop shall be conducted in consultation with the Marine Mammal

Commission, the adjacent coastal States, individuals with expertise

in marine mammal biology and ecology, representatives from

environmental organizations, the fishing industry, and other

appropriate persons. The goal of the workshop shall be to identify

such factors, and to recommend a program of research and management

to restore or maintain that marine ecosystem and its key components

that -

(A) protects and encourages marine mammals to develop to the

greatest extent feasible commensurate with sound policies of

resource management;

(B) has as the primary management objective the maintenance of

the health and stability of the marine ecosystems;

(C) ensures the fullest possible range of management options

for future generations; and

(D) permits nonwasteful, environmentally sound development of

renewable and nonrenewable resources.

(2) On or before December 31, 1995, the Secretary of Commerce

shall submit to the Committee on Merchant Marine and Fisheries of

the House of Representatives and the Committee on Commerce, Science

and Transportation of the Senate a report containing the results of

the workshop under this subsection, proposed regulatory or research

actions, and recommended legislative action.

(d) Bering Sea ecosystem protection

(1) The Secretary of Commerce, in consultation with the Secretary

of the Interior, the Marine Mammal Commission, the State of Alaska,

and Alaska Native organizations, shall, not later than 180 days

after April 30, 1994, undertake a scientific research program to

monitor the health and stability of the Bering Sea marine ecosystem

and to resolve uncertainties concerning the causes of population

declines of marine mammals, sea birds, and other living resources

of that marine ecosystem. The program shall address the research

recommendations developed by previous workshops on Bering Sea

living marine resources, and shall include research on subsistence

uses of such resources and ways to provide for the continued

opportunity for such uses.

(2) To the maximum extent practicable, the research program

undertaken pursuant to paragraph (1) shall be conducted in Alaska.

The Secretary of Commerce shall utilize, where appropriate,

traditional local knowledge and may contract with a qualified

Alaska Native organization to conduct such research.

(3) The Secretary of Commerce, the Secretary of the Interior, and

the Commission shall address the status and findings of the

research program in their annual reports to Congress required by

sections 1373(f) and 1404 of this title. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 110, Oct. 21, 1972, 86 Stat. 1041;

Pub. L. 95-136, Sec. 1, Oct. 18, 1977, 91 Stat. 1167; Pub. L.

95-316, Sec. 2, July 10, 1978, 92 Stat. 380; Pub. L. 97-58, Sec. 5,

Oct. 9, 1981, 95 Stat. 986; Pub. L. 100-711, Sec. 4(e), Nov. 23,

1988, 102 Stat. 4768; Pub. L. 103-238, Sec. 20, Apr. 30, 1994, 108

Stat. 560; Pub. L. 105-42, Sec. 4(f), Aug. 15, 1997, 111 Stat.

1125.)

-REFTEXT-

REFERENCES IN TEXT

Provisions of section 1373(f) of this title requiring annual

reports to Congress, referred to in subsec. (d)(3), terminated,

effective May 15, 2000. See Termination of Reporting Requirements

note set out under section 1373 of this title.

Section 1404 of this title, referred to in subsec. (d)(3), was

omitted from the Code.

-MISC2-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-42 struck out ''(1)'' before

''The Secretary is authorized'' and struck out par. (2) which read

as follows: ''For purposes of identifying appropriate research into

promising new methods of locating and catching yellowfin tuna

without the incidental taking of marine mammals, the Secretary

shall contract for an independent review of information pertaining

to such potential alternative methods to be conducted by the

National Academy of Sciences with individuals having scientific,

technical, or other expertise that may be relevant to the

identification of promising alternative fishing techniques. The

Secretary shall request that the independent review be submitted to

the Secretary on or before September 8, 1989, and the Secretary

shall submit the report of the independent review, together with a

proposed plan for research, development, and implementation of

alternative fishing techniques, to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Merchant Marine and Fisheries of the House of Representatives on or

before December 5, 1989.''

1994 - Subsecs. (c), (d). Pub. L. 103-238 added subsecs. (c) and

(d) and struck out former subsec. (c) which authorized

appropriations to be made available to the Secretary of Commerce

and the Secretary of the Interior for purposes of carrying out this

section for fiscal year ending June 30, 1973, to fiscal year ending

Sept. 30, 1981.

1988 - Subsec. (a). Pub. L. 100-711 designated existing

provisions as par. (1) and added par. (2).

1981 - Subsec. (a). Pub. L. 97-58 directed the Secretary to

undertake a program of research into new methods of locating and

catching yellowfin tuna without the incidental taking of marine

mammals and directed that the Secretary include a description of

the annual results of that research in the report required under

section 1373(f) of this title.

1978 - Subsec. (c)(4) to (6). Pub. L. 95-316 added pars. (4) to

(6).

1977 - Subsec. (c). Pub. L. 95-136 incorporated existing

provisions into text preceding par. (1) and, as so incorporated,

struck out provisions authorizing to be appropriated such sums as

may be necessary to carry out this section for the fiscal year in

which this section takes effect and the next four years thereafter,

limiting appropriations for any one year to $2,500,000, and

requiring that one-third of such sums be made available to the

Secretary of the Interior and two-thirds of such sums be made

available to the Secretary of the department in which the National

Oceanic and Atmospheric Administration is operating, and added

pars. (1) to (3).

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For

treatment of references to Committee on Merchant Marine and

Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 1381 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1381. Commercial fisheries gear development

-STATUTE-

(a) Research and development program; report to Congress;

authorization of appropriations

The Secretary of the department in which the National Oceanic and

Atmospheric Administration is operating (hereafter referred to in

this section as the ''Secretary'') is hereby authorized and

directed to immediately undertake a program of research and

development for the purpose of devising improved fishing methods

and gear so as to reduce to the maximum extent practicable the

incidental taking of marine mammals in connection with commercial

fishing. At the end of the full twenty-four calendar month period

following October 21, 1972, the Secretary shall deliver his report

in writing to the Congress with respect to the results of such

research and development. For the purposes of this section, there

is hereby authorized to be appropriated the sum of $1,000,000 for

the fiscal year ending June 30, 1973, and the same amount for the

next fiscal year. Funds appropriated for this section shall remain

available until expended.

(b) Reduction of level of taking of marine mammals incidental to

commercial fishing operations

The Secretary, after consultation with the Marine Mammal

Commission, is authorized and directed to issue, as soon as

practicable, such regulations, covering the twenty-four-month

period referred to in section 1371(a)(2) of this title, as he deems

necessary or advisable, to reduce to the lowest practicable level

the taking of marine mammals incidental to commercial fishing

operations. Such regulations shall be adopted pursuant to section

553 of title 5. In issuing such regulations, the Secretary shall

take into account the results of any scientific research under

subsection (a) of this section and, in each case, shall provide a

reasonable time not exceeding four months for the persons affected

to implement such regulations.

(c) Reduction of level of taking of marine mammals in tuna fishery

Additionally, the Secretary and Secretary of State are directed

to commence negotiations within the Inter-American Tropical Tuna

Commission in order to effect essential compliance with the

regulatory provisions of this chapter so as to reduce to the

maximum extent feasible the incidental taking of marine mammals by

vessels involved in the tuna fishery. The Secretary and Secretary

of State are further directed to request the Director of

Investigations of the Inter-American Tropical Tuna Commission to

make recommendations to all member nations of the Commission as

soon as is practicable as to the utilization of methods and gear

devised under subsection (a) of this section.

(d) Research and observation

Furthermore, after timely notice and during the period of

research provided in this section, duly authorized agents of the

Secretary are hereby empowered to board and to accompany any

commercial fishing vessel documented under the laws of the United

States, there being space available, on a regular fishing trip for

the purpose of conducting research or observing operations in

regard to the development of improved fishing methods and gear as

authorized by this section. Such research and observation shall be

carried out in such manner as to minimize interference with fishing

operations. The Secretary shall provide for the cost of quartering

and maintaining such agents. No master, operator, or owner of such

a vessel shall impair or in any way interfere with the research or

observation being carried out by agents of the Secretary pursuant

to this section.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 111, Oct. 21, 1972, 86 Stat. 1041.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1372 of this title.

-CITE-

16 USC Sec. 1382 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1382. Regulations and administration

-STATUTE-

(a) Consultation with Federal agencies

The Secretary, in consultation with any other Federal agency to

the extent that such agency may be affected, shall prescribe such

regulations as are necessary and appropriate to carry out the

purposes of this subchapter.

(b) Cooperation by Federal agencies

Each Federal agency is authorized and directed to cooperate with

the Secretary, in such manner as may be mutually agreeable, in

carrying out the purposes of this subchapter.

(c) Contracts, leases, and cooperative agreements

The Secretary may enter into such contracts, leases, cooperative

agreements, or other transactions as may be necessary to carry out

the purposes of this subchapter or subchapter V of this chapter and

on such terms as he deems appropriate with any Federal or State

agency, public or private institution, or other person.

(d) Annual review; suspension of program

The Secretary shall review annually the operation of each program

in which the United States participates involving the taking of

marine mammals on lands. If at any time the Secretary finds that

any such program cannot be administered on lands owned by the

United States or in which the United States has an interest in a

manner consistent with the purposes of policies of this chapter, he

shall suspend the operation of that program and shall include in

the annual report to the public and the Congress required under

section 1373(f) of this title his reasons for such suspension,

together with recommendations for such legislation as he deems

necessary and appropriate to resolve the problem.

(e) Measures to alleviate impacts on strategic stocks

If the Secretary determines, based on a stock assessment under

section 1386 of this title or other significant new information

obtained under this chapter, that impacts on rookeries, mating

grounds, or other areas of similar ecological significance to

marine mammals may be causing the decline or impeding the recovery

of a strategic stock, the Secretary may develop and implement

conservation or management measures to alleviate those impacts.

Such measures shall be developed and implemented after consultation

with the Marine Mammal Commission and the appropriate Federal

agencies and after notice and opportunity for public comment.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 112, Oct. 21, 1972, 86 Stat. 1042;

Pub. L. 96-470, title II, Sec. 201(e), Oct. 19, 1980, 94 Stat.

2241; Pub. L. 102-587, title III, Sec. 3004(a)(3), Nov. 4, 1992,

106 Stat. 5067; Pub. L. 103-238, Sec. 7(a), 24(c)(11), Apr. 30,

1994, 108 Stat. 542, 566.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-238, Sec. 24(c)(11), made

technical amendment to reference to subchapter V of this chapter to

reflect renumbering of corresponding title of original act.

Subsec. (e). Pub. L. 103-238, Sec. 7(a), added subsec. (e).

1992 - Subsec. (c). Pub. L. 102-587 inserted ''or subchapter V of

this chapter'' after ''of this subchapter''.

1980 - Subsec. (d). Pub. L. 96-470 substituted ''include in the

annual report to the public and the Congress required under section

1373(f) of this title'' for ''forthwith submit to Congress''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1379, 1421b, 1421e,

1421h of this title.

-CITE-

16 USC Sec. 1383 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1383. Application to other treaties and conventions

-STATUTE-

(a) Generally; findings; waiver of penalties

The provisions of this subchapter shall be deemed to be in

addition to and not in contravention of the provisions of any

existing international treaty, convention, or agreement, or any

statute implementing the same, which may otherwise apply to the

taking of marine mammals. Upon a finding by the Secretary that the

provisions of any international treaty, convention, or agreement,

or any statute implementing the same has been made applicable to

persons subject to the provisions of this subchapter in order to

effect essential compliance with the regulatory provisions of this

chapter so as to reduce to the lowest practicable level the taking

of marine mammals incidental to commercial fishing operations,

section 1375 of this title may not apply to such persons.

(b) Review of effectiveness of Agreement on the Conservation of

Polar Bears

Not later than 1 year after April 30, 1994, the Secretary of the

Interior shall, in consultation with the contracting parties,

initiate a review of the effectiveness of the Agreement on the

Conservation of Polar Bears, as provided for in Article IX of the

Agreement, and establish a process by which future reviews shall be

conducted.

(c) Review of implementation of Agreement on the Conservation of

Polar Bears; report

The Secretary of the Interior, in consultation with the Secretary

of State and the Marine Mammal Commission, shall review the

effectiveness of United States implementation of the Agreement on

the Conservation of Polar Bears, particularly with respect to the

habitat protection mandates contained in Article II. The Secretary

shall report the results of this review to the Committee on

Merchant Marine and Fisheries of the House of Representatives and

the Committee on Commerce, Science, and Transportation of the

Senate not later than April 1, 1995.

(d) Consultation regarding conservation of polar bears in Russia

and Alaska; report

Not later than 6 months after April 30, 1994, the Secretary of

the Interior, acting through the Secretary of State and in

consultation with the Marine Mammal Commission and the State of

Alaska, shall consult with the appropriate officials of the Russian

Federation on the development and implementation of enhanced

cooperative research and management programs for the conservation

of polar bears in Alaska and Russia. The Secretary shall report the

results of this consultation and provide periodic progress reports

on the research and management programs to the Committee on

Merchant Marine and Fisheries of the House of Representatives and

the Committee on Commerce, Science and Transportation of the

Senate.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 113, Oct. 21, 1972, 86 Stat. 1042;

Pub. L. 103-238, Sec. 7(b), Apr. 30, 1994, 108 Stat. 542.)

-COD-

CODIFICATION

A prior subsec. (b) of section 113 of Pub. L. 92-522 amended

section 659 of this title.

-MISC3-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-238, Sec. 7(b)(1), directed the

amendment of this section by ''designating the existing paragraph''

as subsec. (a), notwithstanding the existing first par. of this

section was already designated (a).

Subsecs. (b) to (d). Pub. L. 103-238, Sec. 7(b)(2), added

subsecs. (b) to (d). See Codification note above.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1372, 1374 of this title.

-CITE-

16 USC Sec. 1383a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1383a. Interim exemption for commercial fisheries

-STATUTE-

(a) Effective and termination dates of preemptive provisions; law

governing incidental taking of marine mammals in course of

commercial yellowfin tuna fishing

(1) During the period beginning on November 23, 1988, and until

superseded by regulations prescribed under section 1387 of this

title, or until September 1, 1995, whichever is earlier, except as

provided in paragraph (2), the provisions of this section, rather

than sections 1371, 1373, and 1374 of this title, shall govern the

incidental taking of marine mammals in the course of commercial

fishing operations by persons using vessels of the United States

and vessels which have valid fishing permits issued by the

Secretary in accordance with section 1824(b) of this title. In any

event it shall be the immediate goal that the incidental kill or

serious injury of marine mammals permitted in the course of

commercial fishing operations be reduced to insignificant levels

approaching a zero mortality and serious injury rate.

(2) The provisions of this section other than subsection

(e)(6)(A) of this section shall not govern the incidental taking of

marine mammals in the course of commercial yellowfin tuna fishing

subject to section 1374(h)(2) of this title.

(b) Proposed and final list of fisheries taking marine mammals;

publication in Federal Register; grant of exemption;

conditions; suspension of grant of exemption; administration of

exemption provisions; fees

(1) The Secretary shall, after consultation with the Marine

Mammal Commission -

(A) publish in the Federal Register, for public comment, not

later than sixty days after November 23, 1988, a proposed list of

those fisheries, along with a statement of the marine mammals and

the approximate number of vessels or persons involved in each

such fishery, that have -

(i) frequent incidental taking of marine mammals;

(ii) occasional incidental taking of marine mammals; or

(iii) a remote likelihood of or no known incidental taking of

marine mammals;

(B) publish in the Federal Register not later than one hundred

and twenty days after November 23, 1988, a final list of the

fisheries and other information required by paragraph (A),

together with a summary of the provisions of this section and

information sufficient to advise vessel owners on how to obtain

an exemption and otherwise comply with the requirements of this

section; and

(C) at least once each year thereafter, and at such other times

as the Secretary considers appropriate, reexamine, based on

information gathered from the program established under

subsections (c), (d), (e), and (f) of this section, and other

relevant sources and after notice and opportunity for public

comment, the classification of fisheries and other determinations

required under subparagraph (A) and publish in the Federal

Register any necessary changes.

(2)(A) An exemption shall be granted by the Secretary in

accordance with this section for a vessel engaged in a fishery

identified under paragraph (1)(A)(i) or (ii), upon receipt by the

Secretary of a completed registration form providing the name of

the vessel owner, the name and description of the vessel, the

fisheries in which it will be engaged, and such other information

as the Secretary considers necessary. A decal or other physical

evidence that the exemption is current and valid shall be issued by

the Secretary at the time an exemption is granted, and so long as

the exemption remains current and valid, shall be reissued annually

thereafter.

(B) No exemption may be granted under this section to the owner

of a vessel unless such vessel -

(i) is a vessel of the United States; or

(ii) has a valid fishing permit issued by the Secretary in

accordance with section 1824(b) of this title.

(C) Notwithstanding any other provision of this subchapter,

exemptions granted under this section shall authorize the

incidental taking of marine mammals, other than California sea

otters, from any species or stock, including a population stock

designated as depleted, but shall not authorize the intentional

lethal taking of any Steller sea lion, any cetacean, or any marine

mammals from a population stock designated as depleted.

(3)(A) Beginning two hundred and forty days after November 23,

1988, each owner of a vessel engaged in any fishery identified

under paragraph (1)(A)(i) or (ii) shall, in order to engage

lawfully in that fishery -

(i) have registered with the Secretary in order to obtain for

each such vessel owned an exemption for the purpose of

incidentally taking marine mammals in accordance with this

section;

(ii) ensure that a decal or such other physical evidence of a

current and valid exemption as the Secretary may require is

displayed on or is in the possession of the master of each such

vessel; and

(iii) report as required by subsection (c) of this section.

(B) Any owner of a vessel receiving an exemption under this

section for any fishery identified under paragraph (1)(A)(i) shall,

as a condition of that exemption, take on board a natural resource

observer if requested to do so by the Secretary.

(C) An owner of a vessel engaged in a fishery identified under

paragraph (1)(A)(i) or (ii) who -

(i) fails to obtain from the Secretary an exemption under this

section;

(ii) fails to maintain a current and valid exemption; or

(iii) fails to ensure that a decal or other physical evidence

of such exemption issued by the Secretary is displayed on or is

in possession of the master of the vessel,

and the master of any such vessel engaged in such fishery, shall be

deemed to have violated this subchapter, and shall be subject to

the penalties of this subchapter except in the case of unknowing

violations before January 1, 1990.

(D) If the owner of a vessel has obtained and maintains a current

and valid exemption from the Secretary under this section and meets

the requirements set forth in this section, the owner of such

vessel, and the master and crew members of the vessel, shall not be

subject to the penalties set forth in this subchapter for the

incidental taking of marine mammals while such vessel is engaged in

a fishery to which the exemption applies.

(E) Each owner of a vessel engaged in any fishery not identified

in paragraph (1)(A)(i) or (ii), and the master and crew members of

such a vessel, shall not be subject to the penalties set forth in

this subchapter for the incidental taking of marine mammals if such

owner reports to the Secretary, in such form and manner as the

Secretary may require, instances of lethal incidental taking in the

course of that fishery.

(4) The Secretary shall suspend or revoke an exemption granted

under this section and shall not issue a decal or other physical

evidence of the exemption for any vessel until the owner of such

vessel complies with the reporting requirements under subsection

(c) of this section and such requirements to take on board a

natural resource observer under paragraph (3)(B) as are applicable

to such vessel.

(5)(A) The Secretary shall develop, in consultation with the

appropriate States, Regional Fishery Management Councils, and other

interested parties, the means by which the granting and

administration of exemptions under this section shall be integrated

and coordinated, to the maximum extent practicable, with existing

fishery licenses, registrations, and related programs.

(B) The Secretary shall utilize newspapers of general

circulation, fishery trade associations, electronic media, and

other means of advising commercial fishermen of the provisions of

this section and the means by which they can comply with its

requirements.

(C) The Secretary is authorized to charge a fee for the granting

of an exemption under this subsection. The level of fees charged

under this subparagraph shall not exceed the administrative costs

incurred in granting an exemption. Fees collected under this

subparagraph shall be available to the Under Secretary of Commerce

for Oceans and Atmosphere for expenses incurred in the granting and

administration of exemptions under this section.

(c) Compilation of information by vessel owners; contents

The owner of each vessel holding an exemption granted under

subsection (b) of this section shall regularly compile information

which shall be used in a report to be submitted to the Secretary at

the close of the fishing season or annually, as the Secretary may

prescribe. Such report shall be submitted in such form as the

Secretary may require and shall include the following:

(1) the type of fishery engaged in by the owner's vessel;

(2) the date and approximate time of any incidental taking of a

marine mammal, together with the area in which the incidental

taking occurred, the fishing gear used at the time of the

incidental taking, and the species of fish involved; and

(3) for each incidental taking, the number and species of

marine mammals involved, whether the marine mammals were deterred

from gear or catch, incidentally injured, incidentally killed, or

lethally removed to protect gear, catch, or human life.

If there was no incidental taking of marine mammals during the

reporting period, a report stating that fact shall be filed with

the Secretary.

(d) Program for enhancement and verification of information

received from vessel owners; confidentiality of information

(1) The Secretary shall establish a program to enhance the

quality of and verify information received from reports submitted

by owners of vessels who have been granted an exemption under

subsection (b) of this section. The program shall include, but not

be limited to -

(A) education efforts regarding the information that must be

submitted;

(B) interviews with fishermen; and

(C) other such information gathering and verification

activities that will enable the Secretary to determine reliably

the nature, type, and extent of the incidental taking of marine

mammals that occurs in a fishery.

Except to the extent authorized by the provisions of subsection (e)

of this section, the program shall not include placement of

observers aboard exempted vessels.

(2) Information obtained under this subsection shall be subject

to the confidentiality provisions of subsection (j) of this

section.

(e) Observers on board exempted vessels; confidentiality of

information; authorization of appropriations

(1) For each fishery identified under subsection (b)(1)(A)(i) of

this section, the Secretary shall, after consultation with the

appropriate Regional Fishery Management Councils, other Federal and

State agencies, and other interested parties, and subject to

paragraph (6), place observers on board exempted vessels so as to

monitor not less than 20 percent nor more than 35 percent of the

fishing operations by vessels in the fishery to obtain

statistically reliable information on the species and number of

marine mammals incidentally taken in the fishery. If the Secretary

determines that fewer than 20 percent of the fishing operations by

vessels in the fishery will be monitored during the course of the

fishing season, the Secretary shall implement the alternative

observation program described in subsection (f) of this section to

the extent necessary to supplement the observer program described

in this subsection.

(2) When determining the distribution of observers among

fisheries and between vessels in a particular fishery, the

Secretary shall be guided by the following standards:

(A) the requirement to obtain the best scientific information

available;

(B) the requirement that assignment of observers is fair and

equitable among fisheries and among vessels in a fishery;

(C) consistent with paragraph (1), the requirement that no

individual person or vessel, or group of persons or vessels, be

subject to excessive or overly burdensome observer coverage; and

(D) where practicable, the need to minimize costs and avoid

duplication.

(3) If the Secretary finds that, for reasons beyond his or her

control, the Secretary cannot assign observers to all the fisheries

identified under subsection (b)(1)(A)(i) of this section at the

level of observer coverage set forth in paragraph (1), the

Secretary shall allocate available observers among such fisheries,

consistent with paragraph (2), according to the following priority:

(A) those fisheries that incidentally take marine mammals from

any population stock designated as depleted;

(B) those fisheries that incidentally take marine mammals from

population stocks that the Secretary believes are declining;

(C) those fisheries other than those described in subparagraphs

(A) and (B) in which the greatest incidental take of marine

mammals occur; and

(D) any other fishery identified under subsection (b)(1)(A)(i)

of this section.

The Secretary may, with the consent of the vessel owner, station an

observer on board a vessel engaged in a fishery not identified

under subsection (b)(1)(A)(i) of this section.

(4) Information gathered by observers shall be subject to the

provisions of subsection (j) of this section. Consistent with the

requirements of paragraph (1), the Secretary shall, if requested by

the Appropriate (FOOTNOTE 1) Regional Fishery Management Council,

or in the case of a State fishery, the State, require observers to

collect additional information, including but not limited to the

quantities, species, and physical condition of target and

non-target fishery resources and, if requested by the Secretary of

the Interior, seabirds.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(5) Notwithstanding the provisions of paragraph (4), the

Secretary may decline to require observers to collect information

described in such paragraph, if the Secretary finds in writing,

following public notice and opportunity for comment, that such

information will not contribute to the protection of marine mammals

or the understanding of the marine ecosystem, including fishery

resources and seabirds.

(6) The Secretary shall not be required to place an observer on a

vessel in a fishery if the Secretary finds that -

(A) in a situation where harvesting vessels are delivering fish

to a processing vessel and the catch is not taken on board the

harvesting vessel, statistically reliable information can be

obtained from an observer on board the processing vessel to which

the fish are delivered;

(B) the facilities of a vessel for the quartering of an

observer, or for carrying out observer functions, are so

inadequate or unsafe that the health or safety of the observer or

the safe operation of the vessel would be jeopardized; or

(C) for reasons beyond the control of the Secretary, an

observer is not available.

(7)(A) An observer on a vessel (or the observer's personal

representative) under the requirements of this section or section

1374 of this title that is ill, disabled, injured, or killed from

service as an observer on that vessel may not bring a civil action

under any law of the United States for that illness, disability,

injury, or death against the vessel or vessel owner, except that a

civil action may be brought against the vessel owner for the

owner's willful misconduct.

(B) This paragraph does not apply if the observer is engaged by

the owner, master, or individual in charge of a vessel to perform

any duties in service to the vessel.

(8) There are authorized to be appropriated to the Department of

Commerce for the purposes of carrying out this subsection not to

exceed $2,700,000 for fiscal year 1989 and not to exceed $8,000,000

for each of the fiscal years 1990, 1991, 1992, and 1993.

(f) Alternative observation program

(1) The Secretary shall establish an alternative observation

program to provide statistically reliable information on the

species and number of marine mammals incidentally taken in those

fisheries identified pursuant to subsection (b)(1)(A)(i) of this

section for which the required level of observer coverage has not

been met or for any other fisheries about which such reliable

information is not otherwise available. The alternative program

shall include, but not be limited to, direct observation of fishing

activities from vessels, airplanes, or points on shore.

(2) Individuals engaged in the alternative observation program

shall collect scientific information on the fisheries subject to

observation, consistent with the requirements of paragraph (1) and

subsection (e)(4) and (5) of this section. All information

collected shall be subject to the provisions of subsection (j) of

this section.

(g) Review of information and evaluation of effects of incidental

taking on population stocks of marine mammals; promulgation of

emergency regulations to mitigate immediate and significant

adverse impacts; action to mitigate non-immediate impacts

(1) The Secretary shall review information regarding the

incidental taking of marine mammals and evaluate the effects of

such incidental taking on the affected population stocks of marine

mammals.

(2) If the Secretary finds, based on the information received

from the programs established under subsections (c), (d), (e), and

(f) of this section, that the incidental taking of marine mammals

in a fishery is having an immediate and significant adverse impact

on a marine mammal population stock or, in the case of Steller sea

lions and North Pacific fur seals, that more than 1,350 and 50,

respectively, will be incidentally killed during a calendar year,

the Secretary shall consult with appropriate Regional Fishery

Management Councils and State fishery managers and prescribe

emergency regulations to prevent to the maximum extent practicable

any further taking. Any emergency regulations prescribed under

this paragraph -

(A) shall, to the maximum extent practicable, avoid interfering

with existing State or regional fishery management plans;

(B) shall be published in the Federal Register together with

the reasons therefor;

(C) shall remain in effect for not more than one hundred and

eighty days or until the end of the fishing season, whichever is

earlier; and

(D) may be terminated by the Secretary at an earlier date by

publication in the Federal Register of a notice of termination if

the Secretary determines the reasons for the emergency

regulations no longer exist.

In prescribing emergency regulations under this paragraph, the

Secretary shall take into account the economics of the fishery

concerned and the availability of existing technology to prevent or

minimize incidental taking of marine mammals.

(3) If the Secretary finds, based on information received from

the programs established under subsections (c), (d), (e), and (f)

of this section, that incidental taking of marine mammals in a

fishery is not having an immediate and significant adverse impact

on a marine mammal population stock but that it will likely have a

significant adverse impact over a period of time longer than one

year, the Secretary shall request the appropriate Regional Fishery

Management Council or State to initiate, recommend, or take such

action within its authority as it considers necessary to mitigate

the adverse impacts, including adjustments to requirements on

fishing times or areas or the imposition of restrictions on the use

of vessels or gear.

(4) The Secretary shall impose appropriate conditions and

restrictions on an exemption granted under subsection (b) of this

section if -

(A) a Regional Fishery Management Council or State does not act

in a reasonable period of time on a request made by the Secretary

under paragraph (3); or

(B) if the Secretary determines after notice and opportunity

for public comment that the purposes of this section would be

better served by such action.

(h) Information and management system for processing and analyzing

reports and information; accessibility to public

The Secretary shall design and implement an information

management system capable of processing and analyzing reports

received from the programs established under subsections (c), (d),

(e), and (f) of this section, and other relevant sources, including

Federal and State enforcement authorities, marine mammal stranding

networks, and the marine mammal researchers. The information shall

be made accessible to the public on a continuing basis, but in any

case no later than six months after it is received, subject to the

provisions of subsection (j) of this section.

(i) Utilization of services of State and Federal agencies and

private entities

When carrying out the Secretary's responsibilities under

subsections (b), (d), (e), (f), and (h) of this section, the

Secretary shall, to the maximum extent practicable, utilize the

services and programs of State agencies, Federal agencies

(including programs established by Regional Fishery Management

Councils), marine fisheries commissions, universities, and private

entities, on a reimbursable basis or otherwise. The Secretary is

authorized to enter into contracts and agreements to carry out his

or her responsibilities and shall establish appropriate guidelines

to ensure that other programs used or contracted for will meet the

same standards as a program established by the Secretary. A person

contracting with the Secretary to provide observer services under

subsection (e) of this section must provide evidence of financial

responsibility in an amount and form prescribed by the Secretary to

compensate employees (or their survivors) adequately for any

illness, disability, injury, or death from service on a vessel.

(j) Confidentiality of information; exceptions

(1) Any information collected under subsection (c), (d), (e),

(f), or (h) of this section shall be confidential and shall not be

disclosed except -

(A) to Federal employees whose duties require access to such

information;

(B) to State employees pursuant to an agreement with the

Secretary that prevents public disclosure of the identity or

business of any person;

(C) when required by court order; or

(D) in the case of scientific information involving fisheries,

to employees of Regional Fishery Management Councils who are

responsible for fishery management plan development and

monitoring.

(2) The Secretary shall prescribe such procedures as may be

necessary to preserve such confidentiality, except that the

Secretary shall release or make public any such information in

aggregate, summary, or other form which does not directly or

indirectly disclose the identity or business of any person.

(k) Regulations

The Secretary, in consultation with any other Federal agency to

the extent that such agency may be affected, shall prescribe such

regulations as necessary and appropriate to carry out the purposes

of this section.

(l) Suggested regime governing incidental taking of marine mammals

following termination of interim exemptions

(1) The Chairman of the Marine Mammal Commission shall, after

consultation with interested parties and not later than February 1,

1990, transmit to the Secretary and make available to the public

recommended guidelines to govern the incidental taking of marine

mammals in the course of commercial fishing operations, other than

those subject to section 1374(h)(2) of this title, after October 1,

1993. Such guidelines shall be developed by the Commission and its

Committee of Scientific Advisers on Marine Mammals and shall -

(A) be designed to provide a scientific rationale and basis for

determining how many marine mammals may be incidentally taken

under a regime to be adopted to govern such taking after October

1, 1993;

(B) be based on sound principles of wildlife management, and be

consistent with and in furtherance of the purposes and policies

set forth in this chapter; and

(C) to the maximum extent practicable, include as factors to be

considered and utilized in determining permissible levels of such

taking -

(i) the status and trends of the affected marine mammal

population stocks;

(ii) the abundance and annual net recruitment of such stocks;

(iii) the level of confidence in the knowledge of the

affected stocks; and

(iv) the extent to which incidental taking will likely cause

or contribute to their decline or prevent their recovery to

optimum sustainable population levels.

(2) The Secretary shall advise the Chairman of the Commission in

writing if the Secretary determines that any additional information

or explanation of the Chairman's recommendations is needed, and the

Chairman shall respond in writing to any such request by the

Secretary.

(3) On or before February 1, 1991, the Secretary, after

consultation with the Marine Mammal Commission, Regional Fishery

Management Councils, and other interested governmental and

nongovernmental organizations, shall publish in the Federal

Register, for public comment, the suggested regime that the

Secretary considers should, if authorized by enactment of any

additional legislation, govern incidental taking of marine mammals,

other than those subject to section 1374(h)(2) of this title, after

October 1, 1993. The suggested regime shall include -

(A) the scientific guidelines to be used in determining

permissible levels of incidental taking;

(B) a description of the arrangements for consultation and

cooperation with other Federal agencies, the appropriate Regional

Fishery Management Councils and States, the commercial fishing

industry, and conservation organizations; and

(C) a summary of such regulations and legislation as would be

necessary to implement the suggested regime.

(4) On or before January 1, 1992, the Secretary, after

consultation with the Marine Mammal Commission, and consideration

of public comment, shall transmit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Merchant Marine and Fisheries of the House of Representatives

recommendations pertaining to the incidental taking of marine

mammals, other than those subject to section 1374(h)(2) of this

title, after October 1, 1993. The recommendations shall include -

(A) the suggested regime developed under paragraph (3) of this

subsection as modified after comment and consultations;

(B) a proposed schedule for implementing the suggested regime;

and

(C) such recommendations for additional legislation as the

Secretary considers necessary or desirable to implement the

suggested regime.

(m) Consultation with Secretary of the Interior

The Secretary shall consult with the Secretary of the Interior

prior to taking actions or making determinations under this section

that affect or relate to species or population stocks of marine

mammals for which the Secretary of the Interior is responsible

under this subchapter.

(n) Owner of fixed commercial fishing gear deemed owner of vessel

engaged in fishery in which gear deployed

For the purposes of this section, the owner of fixed or other

commercial fishing gear that is deployed with or without the use of

a vessel shall be deemed to be an owner of a vessel engaged in the

fishery in which that gear is deployed.

(o) Definitions

As used in this section -

(1) the term ''fishery'' has the same meaning as it does in

section 1802(8) (FOOTNOTE 2) of this title.

(FOOTNOTE 2) See References in Text note below.

(2) the term ''Secretary'' means the Secretary of Commerce.

(3) the term ''vessel engaged in a fishery'' means a fishing

vessel as defined in section 2101(11a) of title 46 or a fish

processing vessel as defined in section 2101(11b) of that title,

which is engaged in fishery.

(4) the term ''vessel of the United States'' has the same

meaning as it does in section 1802(27) (FOOTNOTE 2) of this

title.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 114, as added Pub. L. 100-711, Sec.

2(a)(2), Nov. 23, 1988, 102 Stat. 4755; amended Pub. L. 103-86,

Sept. 30, 1993, 107 Stat. 930; Pub. L. 103-228, Mar. 31, 1994, 108

Stat. 281; Pub. L. 103-238, Sec. 15(a), Apr. 30, 1994, 108 Stat.

559; Pub. L. 104-43, title IV, Sec. 404(a)(1), Nov. 3, 1995, 109

Stat. 390; Pub. L. 104-208, div. A, title I, Sec. 101(a) (title

II, Sec. 211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

Section 1802 of this title, referred to in subsec. (o)(1), (4),

was subsequently amended, and section 1802(8) and (27) no longer

defines the terms ''fishery'' and ''vessel of the United States''.

However, such terms are defined elsewhere in that section.

-MISC2-

AMENDMENTS

1996 - Subsecs. (a)(1), (b)(2)(B)(ii), (o)(1), (4). Pub. L.

104-208 made technical amendment to references in original act

which appear in text as references to sections 1802(8), (27) and

1824(b) of this title.

1995 - Pub. L. 104-43 amended directory language of Pub. L.

103-238. See 1994 Amendment note below.

1994 - Subsec. (a)(1). Pub. L. 103-238, as amended by Pub. L.

104-43, substituted ''until superseded by regulations prescribed

under section 1387 of this title, or until September 1, 1995,

whichever is earlier,'' for ''ending May 1, 1994.''

Pub. L. 103-228 substituted ''May 1, 1994.'' for ''April 1,

1994,''.

1993 - Subsec. (a)(1). Pub. L. 103-86 substituted ''April 1,

1994'' for ''October 1, 1993''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 404(a)(2) of Pub. L. 104-43 provided that: ''The

amendment made by paragraph (1) (amending this section) shall be

effective on and after April 30, 1994.''

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1372, 1384, 1387 of this

title.

-CITE-

16 USC Sec. 1383b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1383b. Status review; conservation plans

-STATUTE-

(a) Determinations by rule; notice and hearing; findings; final

rule on status of species or stock involved

(1) In any action by the Secretary to determine if a species or

stock should be designated as depleted, or should no longer be

designated as depleted, regardless of whether such action is taken

on the initiative of the Secretary or in response to a petition for

a status review, the Secretary shall only make such a determination

by issuance of a rule, after notice and opportunity for public

comment and after a call for information in accordance with

paragraph (2).

(2) The Secretary shall make any determination described in

paragraph (1) solely on the basis of the best scientific

information available. Prior to the issuance of a proposed rule

concerning any such determination, the Secretary shall publish in

the Federal Register a call to assist the Secretary in obtaining

scientific information from individuals and organizations concerned

with the conservation of marine mammals, from persons in any

industry which might be affected by the determination, and from

academic institutions. In addition, the Secretary shall utilize,

to the extent the Secretary determines to be feasible, informal

working groups of interested parties and other methods to gather

the necessary information.

(3)(A) If the Secretary receives a petition for a status review

as described in paragraph (1), the Secretary shall publish a notice

in the Federal Register that such a petition has been received and

is available for public review.

(B) Within sixty days after receipt of the petition, the

Secretary shall publish a finding in the Federal Register as to

whether the petition presents substantial information indicating

that the petitioned action may be warranted.

(C) If the Secretary makes a positive finding under subparagraph

(B), the Secretary shall include in the Federal Register notice, a

finding that -

(i) a review of the status of the species or stock will be

commenced promptly; or

(ii) a prompt review of the petition is precluded by other

pending status determination petitions and that expeditious

progress is being made to process pending status determination

petitions under this subchapter.

In no case after making a finding under this subparagraph shall the

Secretary delay commencing a review of the status of a species or

stock for more than one hundred and twenty days after receipt of

the petition.

(D) No later than two hundred and ten days after the receipt of

the petition, the Secretary shall publish in the Federal Register a

proposed rule as to the status of the species or stock, along with

the reasons underlying the proposed status determination. Persons

shall have at least sixty days to submit comments on such a

proposed rule.

(E) Not later than ninety days after the close of the comment

period on a proposed rule issued under subparagraph (D), the

Secretary shall issue a final rule on the status of the species or

stock involved, along with the reasons for the status

determination. If the Secretary finds with respect to such a

proposed rule that there is substantial disagreement regarding the

sufficiency or accuracy of the available information relevant to a

status determination, the Secretary may delay the issuance of a

final rule for a period of not more than six months for purposes of

soliciting additional information.

(F) Notwithstanding subparagraphs (D) and (E) of this paragraph

and section 553 of title 5, the Secretary may issue a final rule as

to the status of a species or stock any time sixty or more days

after a positive finding under subparagraph (B) if the Secretary

determines there is substantial information available to warrant

such final status determination and further delay would pose a

significant risk to the well-being of any species or stock. Along

with the final rule, the Secretary shall publish in the Federal

Register detailed reasons for the expedited determination.

(b) Conservation plans; preparation and implementation

(1) The Secretary shall prepare conservation plans -

(A) By (FOOTNOTE 1) December 31, 1989, for North Pacific fur

seals;

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(B) by December 31, 1990, for Steller sea lions; and

(C) as soon as possible, for any species or stock designated as

depleted under this subchapter, except that a conservation plan

need not be prepared if the Secretary determines that it will not

promote the conservation of the species or stock.

(2) Each plan shall have the purpose of conserving and restoring

the species or stock to its optimum sustainable population. The

Secretary shall model such plans on recovery plans required under

section 1533(f) of this title.

(3) The Secretary shall act expeditiously to implement each

conservation plan prepared under paragraph (1). Each year, the

Secretary shall specify in the annual report prepared under section

1373(f) of this title what measures have been taken to prepare and

implement such plans.

(4) If the Secretary determines that a take reduction plan is

necessary to reduce the incidental taking of marine mammals in the

course of commercial fishing operations from a strategic stock, or

for species or stocks which interact with a commercial fishery for

which the Secretary has made a determination under section

1387(f)(1) of this title, any conservation plan prepared under this

subsection for such species or stock shall incorporate the take

reduction plan required under section 1387 of this title for such

species or stock.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 115, as added Pub. L. 100-711, Sec.

3(a), Nov. 23, 1988, 102 Stat. 4763; amended Pub. L. 103-238, Sec.

8, Apr. 30, 1994, 108 Stat. 543.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(4). Pub. L. 103-238 added par. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1374 of this title.

-CITE-

16 USC Sec. 1384 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1384. Authorization of appropriations

-STATUTE-

(a) Department of Commerce

(1) There are authorized to be appropriated to the Department of

Commerce, for purposes of carrying out its functions and

responsibilities under this subchapter (other than sections 1386

and 1387 of this title) and subchapter V of this chapter,

$12,138,000 for fiscal year 1994, $12,623,000 for fiscal year 1995,

$13,128,000 for fiscal year 1996, $13,653,000 for fiscal year 1997,

$14,200,000 for fiscal year 1998, and $14,768,000 for fiscal year

1999.

(2) There are authorized to be appropriated to the Department of

Commerce, for purposes of carrying out sections 1386 and 1387 of

this title, $20,000,000 for each of the fiscal years 1994 through

1999.

(b) Department of the Interior

There are authorized to be appropriated to the Department of the

Interior, for purposes of carrying out its functions and

responsibilities under this subchapter, $8,000,000 for fiscal year

1994, $8,600,000 for fiscal year 1995, $9,000,000 for fiscal year

1996, $9,400,000 for fiscal year 1997, $9,900,000 for fiscal year

1998, and $10,296,000 for fiscal year 1999.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 116, formerly Sec. 114, Oct. 21,

1972, 86 Stat. 1043; Pub. L. 95-136, Sec. 2, Oct. 18, 1977, 91

Stat. 1167; Pub. L. 95-316, Sec. 3, July 10, 1978, 92 Stat. 380;

renumbered Sec. 116, Pub. L. 100-711, Sec. 2(a)(1), Nov. 23, 1988,

102 Stat. 4755; Pub. L. 103-238, Sec. 9(a), Apr. 30, 1994, 108

Stat. 543.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 97-58, Sec. 7(a), (b), Oct. 9, 1981, 95 Stat. 987; Pub. L.

98-364, title I, Sec. 104(1), (2), July 17, 1984, 98 Stat. 442;

Pub. L. 100-711, Sec. 6(1), (2), Nov. 23, 1988, 102 Stat. 4771,

prior to repeal by Pub. L. 103-238, Sec. 9(c), Apr. 30, 1994, 108

Stat. 543.

AMENDMENTS

1994 - Pub. L. 103-238 amended section generally. Prior to

amendment, section read as follows:

''(a) There are authorized to be appropriated not to exceed

$2,000,000 for the fiscal year ending June 30, 1973, and the four

next following fiscal years, not to exceed $11,500,000 for the

fiscal year ending September 30, 1978, not to exceed $8,500,000 for

the fiscal year ending September 30, 1979, not to exceed $9,000,000

for the fiscal year ending September 30, 1980, and not to exceed

$9,500,000 for the fiscal year ending September 30, 1981, to enable

the department in which the National Oceanic and Atmospheric

Administration is operating to carry out such functions and

responsibilities as it may have been given under this subchapter

(other than sections 1379 and 1380 of this title).

''(b) There are authorized to be appropriated not to exceed

$700,000 for the fiscal year ending June 30, 1973, not to exceed

$525,000 for each of the next four fiscal years thereafter, not to

exceed $850,000 for the fiscal year ending September 30, 1978, not

to exceed $650,000 for the fiscal year ending September 30, 1979,

not to exceed $760,000 for the fiscal year ending September 30,

1980, and not to exceed $876,000 for the fiscal year ending

September 30, 1981 to enable the Department of the Interior to

carry out such functions and responsibilities as it may have been

given under this subchapter (other than sections 1379 and 1380 of

this title).''

1978 - Subsec. (a). Pub. L. 95-316, Sec. 3(1), added reference to

sections 1379 and 1380 of this title and provisions authorizing

appropriations for the fiscal years ending Sept. 30, 1979, Sept.

30, 1980, and Sept. 30, 1981.

Subsec. (b). Pub. L. 95-316, Sec. 3(2), added reference to

sections 1379 and 1380 of this title and provisions authorizing

appropriations for the fiscal years Sept. 30, 1979, Sept. 30, 1980,

and Sept. 30, 1981.

1977 - Subsec. (a). Pub. L. 95-136, Sec. 2(1), inserted '', and

not to exceed $11,500,000 for the fiscal year ending September 30,

1978,'' after ''fiscal years''.

Subsec. (b). Pub. L. 95-136, Sec. 2(2), inserted '', and not to

exceed $850,000 for the fiscal year ending September 30, 1978''

after ''thereafter''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1388 of this title.

-CITE-

16 USC Sec. 1385 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1385. Dolphin protection

-STATUTE-

(a) Short title

This section may be cited as the ''Dolphin Protection Consumer

Information Act''.

(b) Findings

The Congress finds that -

(1) dolphins and other marine mammals are frequently killed in

the course of tuna fishing operations in the eastern tropical

Pacific Ocean and high seas driftnet fishing in other parts of

the world;

(2) it is the policy of the United States to support a

worldwide ban on high seas driftnet fishing, in part because of

the harmful effects that such driftnets have on marine mammals,

including dolphins; and

(3) consumers would like to know if the tuna they purchase is

falsely labeled as to the effect of the harvesting of the tuna on

dolphins.

(c) Definitions

For purposes of this section -

(1) the terms ''driftnet'' and ''driftnet fishing'' have the

meanings given those terms in section 4003 of the Driftnet Impact

Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822

note);

(2) the term ''eastern tropical Pacific Ocean'' means the area

of the Pacific Ocean bounded by 40 degrees north latitude, 40

degrees south latitude, 160 degrees west longitude, and the

western coastlines of North, Central, and South America;

(3) the term ''label'' means a display of written, printed, or

graphic matter on or affixed to the immediate container of any

article;

(4) the term ''Secretary'' means the Secretary of Commerce; and

(5) the term ''tuna product'' means a food item which contains

tuna and which has been processed for retail sale, except

perishable sandwiches, salads, or other products with a shelf

life of less than 3 days.

(d) Labeling standard

(1) It is a violation of section 45 of title 15 for any producer,

importer, exporter, distributor, or seller of any tuna product that

is exported from or offered for sale in the United States to

include on the label of that product the term ''dolphin safe'' or

any other term or symbol that falsely claims or suggests that the

tuna contained in the product were harvested using a method of

fishing that is not harmful to dolphins if the product contains

tuna harvested -

(A) on the high seas by a vessel engaged in driftnet fishing;

(B) outside the eastern tropical Pacific Ocean by a vessel

using purse seine nets -

(i) in a fishery in which the Secretary has determined that a

regular and significant association occurs between dolphins and

tuna (similar to the association between dolphins and tuna in

the eastern tropical Pacific Ocean), unless such product is

accompanied by a written statement, executed by the captain of

the vessel and an observer participating in a national or

international program acceptable to the Secretary, certifying

that no purse seine net was intentionally deployed on or used

to encircle dolphins during the particular voyage on which the

tuna were caught and no dolphins were killed or seriously

injured in the sets in which the tuna were caught; or

(ii) in any other fishery (other than a fishery described in

subparagraph (D)) unless the product is accompanied by a

written statement executed by the captain of the vessel

certifying that no purse seine net was intentionally deployed

on or used to encircle dolphins during the particular voyage on

which the tuna was harvested;

(C) in the eastern tropical Pacific Ocean by a vessel using a

purse seine net unless the tuna meet the requirements for being

considered dolphin safe under paragraph (2); or

(D) by a vessel in a fishery other than one described in

subparagraph (A), (B), or (C) that is identified by the Secretary

as having a regular and significant mortality or serious injury

of dolphins, unless such product is accompanied by a written

statement executed by the captain of the vessel and an observer

participating in a national or international program acceptable

to the Secretary that no dolphins were killed or seriously

injured in the sets or other gear deployments in which the tuna

were caught, provided that the Secretary determines that such an

observer statement is necessary.

(2) For purposes of paragraph (1)(C), a tuna product that

contains tuna harvested in the eastern tropical Pacific Ocean by a

vessel using purse seine nets is dolphin safe if -

(A) the vessel is of a type and size that the Secretary has

determined, consistent with the International Dolphin

Conservation Program, is not capable of deploying its purse seine

nets on or to encircle dolphins; or

(B)(i) the product is accompanied by a written statement

executed by the captain providing the certification required

under subsection (h) of this section;

(ii) the product is accompanied by a written statement executed

by -

(I) the Secretary or the Secretary's designee;

(II) a representative of the Inter-American Tropical Tuna

Commission; or

(III) an authorized representative of a participating nation

whose national program meets the requirements of the

International Dolphin Conservation Program,

which states that there was an observer approved by the

International Dolphin Conservation Program on board the vessel

during the entire trip and that such observer provided the

certification required under subsection (h) of this section; and

(iii) the statements referred to in clauses (i) and (ii) are

endorsed in writing by each exporter, importer, and processor of

the product; and

(C) the written statements and endorsements referred to in

subparagraph (B) comply with regulations promulgated by the

Secretary which provide for the verification of tuna products as

dolphin safe.

(3)(A) The Secretary of Commerce shall develop an official mark

that may be used to label tuna products as dolphin safe in

accordance with this Act. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''this

section''.

(B) A tuna product that bears the dolphin safe mark developed

under subparagraph (A) shall not bear any other label or mark that

refers to dolphins, porpoises, or marine mammals.

(C) It is a violation of section 45 of title 15 to label a tuna

product with any label or mark that refers to dolphins, porpoises,

or marine mammals other than the mark developed under subparagraph

(A) unless -

(i) no dolphins were killed or seriously injured in the sets or

other gear deployments in which the tuna were caught;

(ii) the label is supported by a tracking and verification

program which is comparable in effectiveness to the program

established under subsection (f) of this section; and

(iii) the label complies with all applicable labeling,

marketing, and advertising laws and regulations of the Federal

Trade Commission, including any guidelines for environmental

labeling.

(D) If the Secretary determines that the use of a label referred

to in subparagraph (C) is substantially undermining the

conservation goals of the International Dolphin Conservation

Program, the Secretary shall report that determination to the

United States Senate Committee on Commerce, Science, and

Transportation and the United States House of Representatives

Committees on Resources and on Commerce, along with recommendations

to correct such problems.

(E) It is a violation of section 45 of title 15 willingly and

knowingly to use a label referred to in subparagraph (C) in a

campaign or effort to mislead or deceive consumers about the level

of protection afforded dolphins under the International Dolphin

Conservation Program.

(e) Enforcement

Any person who knowingly and willfully makes a statement or

endorsement described in subsection (d)(2)(B) of this section that

is false is liable for a civil penalty of not to exceed $100,000

assessed in an action brought in any appropriate district court of

the United States on behalf of the Secretary.

(f) Regulations

The Secretary, in consultation with the Secretary of the

Treasury, shall issue regulations to implement this Act, (FOOTNOTE

1) including regulations to establish a domestic tracking and

verification program that provides for the effective tracking of

tuna labeled under subsection (d) of this section. In the

development of these regulations, the Secretary shall establish

appropriate procedures for ensuring the confidentiality of

proprietary information the submission of which is voluntary or

mandatory. The regulations shall address each of the following

items:

(1) The use of weight calculation for purposes of tracking tuna

caught, landed, processed, and exported.

(2) Additional measures to enhance current observer coverage,

including the establishment of criteria for training, and for

improving monitoring and reporting capabilities and procedures.

(3) The designation of well location, procedures for sealing

holds, procedures for monitoring and certifying both above and

below deck, or through equally effective methods, the tracking

and verification of tuna labeled under subsection (d) of this

section.

(4) The reporting, receipt, and database storage of radio and

facsimile transmittals from fishing vessels containing

information related to the tracking and verification of tuna, and

the definition of set.

(5) The shore-based verification and tracking throughout the

fishing, transshipment, and canning process by means of

Inter-American Tropical Tuna Commission trip records or

otherwise.

(6) The use of periodic audits and spot checks for caught,

landed, and processed tuna products labeled in accordance with

subsection (d) of this section.

(7) The provision of timely access to data required under this

subsection by the Secretary from harvesting nations to undertake

the actions required in paragraph (6) of this paragraph.

(FOOTNOTE 2)

(FOOTNOTE 2) So in original. Probably should be ''this

subsection''.

The Secretary may make such adjustments as may be appropriate to

the regulations promulgated under this subsection to implement an

international tracking and verification program that meets or

exceeds the minimum requirements established by the Secretary under

this subsection.

(g) Secretarial findings

(1) Between March 1, 1999, and March 31, 1999, the Secretary

shall, on the basis of the research conducted before March 1, 1999,

under section 1414a(a) of this title, information obtained under

the International Dolphin Conservation Program, and any other

relevant information, make an initial finding regarding whether the

intentional deployment on or encirclement of dolphins with purse

seine nets is having a significant adverse impact on any depleted

dolphin stock in the eastern tropical Pacific Ocean. The initial

finding shall be published immediately in the Federal Register and

shall become effective upon a subsequent date determined by the

Secretary.

(2) Between July 1, 2001, and December 31, 2002, the Secretary

shall, on the basis of the completed study conducted under section

1414a(a) of this title, information obtained under the

International Dolphin Conservation Program, and any other relevant

information, make a finding regarding whether the intentional

deployment on or encirclement of dolphins with purse seine nets is

having a significant adverse impact on any depleted dolphin stock

in the eastern tropical Pacific Ocean. The finding shall be

published immediately in the Federal Register and shall become

effective upon a subsequent date determined by the Secretary.

(h) Certification by captain and observer

(1) Unless otherwise required by paragraph (2), the certification

by the captain under subsection (d)(2)(B)(i) of this section and

the certification provided by the observer as specified in

subsection (d)(2)(B)(ii) of this section shall be that no dolphins

were killed or seriously injured during the sets in which the tuna

were caught.

(2) The certification by the captain under subsection

(d)(2)(B)(i) of this section and the certification provided by the

observer as specified under subsection (d)(2)(B)(ii) of this

section shall be that no tuna were caught on the trip in which such

tuna were harvested using a purse seine net intentionally deployed

on or to encircle dolphins, and that no dolphins were killed or

seriously injured during the sets in which the tuna were caught, if

the tuna were caught on a trip commencing -

(A) before the effective date of the initial finding by the

Secretary under subsection (g)(1) of this section;

(B) after the effective date of such initial finding and before

the effective date of the finding of the Secretary under

subsection (g)(2) of this section, where the initial finding is

that the intentional deployment on or encirclement of dolphins is

having a significant adverse impact on any depleted dolphin

stock; or

(C) after the effective date of the finding under subsection

(g)(2) of this section, where such finding is that the

intentional deployment on or encirclement of dolphins is having a

significant adverse impact on any such depleted stock.

-SOURCE-

(Pub. L. 101-627, title IX, Sec. 901, Nov. 28, 1990, 104 Stat.

4465; Pub. L. 105-42, Sec. 5, Aug. 15, 1997, 111 Stat. 1125.)

-COD-

CODIFICATION

Section was not enacted as part of the Marine Mammal Protection

Act of 1972 which comprises this chapter.

-MISC3-

AMENDMENTS

1997 - Subsec. (d). Pub. L. 105-42, Sec. 5(a), amended heading

and text of subsec. (d) generally. Prior to amendment, text read

as follows:

''(1) It is a violation of section 45 of title 15 for any

producer, importer, exporter, distributor, or seller of any tuna

product that is exported from or offered for sale in the United

States to include on the label of that product the term 'Dolphin

Safe' or any other term or symbol that falsely claims or suggests

that the tuna contained in the product was harvested using a method

of fishing that is not harmful to dolphins if the product contains

-

''(A) tuna harvested on the high seas by a vessel engaged in

driftnet fishing; or

''(B) tuna harvested in the eastern tropical Pacific Ocean by a

vessel using purse seine nets which do not meet the requirements

for being considered dolphin safe under paragraph (2).

''(2) For purposes of paragraph (1)(B), a tuna product that

contains tuna harvested in the eastern tropical Pacific Ocean by a

fishing vessel using purse seine nets is dolphin safe if -

''(A) the vessel is of a type and size that the Secretary has

determined is not capable of deploying its purse seine nets on or

to encircle dolphin; or

''(B)(i) the product is accompanied by a written statement

executed by the captain of the vessel which harvested the tuna

certifying that no tuna were caught on the trip in which such

tuna were harvested using a purse seine net intentionally

deployed on or to encircle dolphin;

''(ii) the product is accompanied by a written statement

executed by -

''(I) the Secretary or the Secretary's designee, or

''(II) a representative of the Inter-American Tropical Tuna

Commission,

which states that there was an approved observer on board the

vessel during the entire trip and that purse seine nets were not

intentionally deployed during the trip on or to encircle dolphin;

and

''(iii) the statements referred to in clauses (i) and (ii) are

endorsed in writing by each exporter, importer, and processor of

the product.''

Subsec. (f). Pub. L. 105-42, Sec. 5(b), amended heading and text

of subsec. (f) generally. Prior to amendment, text read as

follows: ''The Secretary, in consultation with the Secretary of the

Treasury, shall issue regulations to implement this section not

later than 6 months after November 28, 1990, including regulations

establishing procedures and requirements for ensuring that tuna

products are labeled in accordance with subsection (d) of this

section.''

Subsec. (g). Pub. L. 105-42, Sec. 5(c), added subsec. (g) and

struck out former subsec. (g), which had amended section 1371 of

this title.

Subsecs. (h), (i). Pub. L. 105-42, Sec. 5(c), added subsec. (h)

and struck out former subsecs. (h) and (i) which read as follows:

''(h) Negotiations. - The Secretary of State shall immediately

seek, through negotiations and discussions with appropriate foreign

governments, to reduce and, as soon as possible, eliminate the

practice of harvesting tuna through the use of purse seine nets

intentionally deployed to encircle dolphins.

''(i) Effective Date. - Subsections (d) and (e) of this section

shall take effect 6 months after November 28, 1990.''

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-MISC4-

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1414a of this

title.

-CITE-

16 USC Sec. 1386 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1386. Stock assessments

-STATUTE-

(a) In general

Not later than August 1, 1994, the Secretary shall, in

consultation with the appropriate regional scientific review group

established under subsection (d) of this section, prepare a draft

stock assessment for each marine mammal stock which occurs in

waters under the jurisdiction of the United States. Each draft

stock assessment, based on the best scientific information

available, shall -

(1) describe the geographic range of the affected stock,

including any seasonal or temporal variation in such range;

(2) provide for such stock the minimum population estimate,

current and maximum net productivity rates, and current

population trend, including a description of the information upon

which these are based;

(3) estimate the annual human-caused mortality and serious

injury of the stock by source and, for a strategic stock, other

factors that may be causing a decline or impeding recovery of the

stock, including effects on marine mammal habitat and prey;

(4) describe commercial fisheries that interact with the stock,

including -

(A) the approximate number of vessels actively participating

in each such fishery;

(B) the estimated level of incidental mortality and serious

injury of the stock by each such fishery on an annual basis;

(C) seasonal or area differences in such incidental mortality

or serious injury; and

(D) the rate, based on the appropriate standard unit of

fishing effort, of such incidental mortality and serious

injury, and an analysis stating whether such level is

insignificant and is approaching a zero mortality and serious

injury rate;

(5) categorize the status of the stock as one that either -

(A) has a level of human-caused mortality and serious injury

that is not likely to cause the stock to be reduced below its

optimum sustainable population; or

(B) is a strategic stock, with a description of the reasons

therefor; and

(6) estimate the potential biological removal level for the

stock, describing the information used to calculate it, including

the recovery factor.

(b) Public comment

(1) The Secretary shall publish in the Federal Register a notice

of the availability of a draft stock assessment or any revision

thereof and provide an opportunity for public review and comment

during a period of 90 days. Such notice shall include a summary of

the assessment and a list of the sources of information or

published reports upon which the assessment is based.

(2) Subsequent to the notice of availability required under

paragraph (1), if requested by a person to which section 1371(b) of

this title applies, the Secretary shall conduct a proceeding on the

record prior to publishing a final stock assessment or any revision

thereof for any stock subject to taking under section 1371(b) of

this title.

(3) After consideration of the best scientific information

available, the advice of the appropriate regional scientific review

group established under subsection (d) of this section, and the

comments of the general public, the Secretary shall publish in the

Federal Register a notice of availability and a summary of the

final stock assessment or any revision thereof, not later than 90

days after -

(A) the close of the public comment period on a draft stock

assessment or revision thereof; or

(B) final action on an agency proceeding pursuant to paragraph

(2).

(c) Review and revision

(1) The Secretary shall review stock assessments in accordance

with this subsection -

(A) at least annually for stocks which are specified as

strategic stocks;

(B) at least annually for stocks for which significant new

information is available; and

(C) at least once every 3 years for all other stocks.

(2) If the review under paragraph (1) indicates that the status

of the stock has changed or can be more accurately determined, the

Secretary shall revise the stock assessment in accordance with

subsection (b) of this section.

(d) Regional scientific review groups

(1) Not later than 60 days after April 30, 1994, the Secretary of

Commerce shall, in consultation with the Secretary of the Interior

(with respect to marine mammals under that Secretary's

jurisdiction), the Marine Mammal Commission, the Governors of

affected adjacent coastal States, regional fishery and wildlife

management authorities, Alaska Native organizations and Indian

tribes, and environmental and fishery groups, establish three

independent regional scientific review groups representing Alaska,

the Pacific Coast (including Hawaii), and the Atlantic Coast

(including the Gulf of Mexico), consisting of individuals with

expertise in marine mammal biology and ecology, population dynamics

and modeling, commercial fishing technology and practices, and

stocks taken under section 1371(b) of this title. The Secretary of

Commerce shall, to the maximum extent practicable, attempt to

achieve a balanced representation of viewpoints among the

individuals on each regional scientific review group. The regional

scientific review groups shall advise the Secretary on -

(A) population estimates and the population status and trends

of such stocks;

(B) uncertainties and research needed regarding stock

separation, abundance, or trends, and factors affecting the

distribution, size, or productivity of the stock;

(C) uncertainties and research needed regarding the species,

number, ages, gender, and reproductive status of marine mammals;

(D) research needed to identify modifications in fishing gear

and practices likely to reduce the incidental mortality and

serious injury of marine mammals in commercial fishing

operations;

(E) the actual, expected, or potential impacts of habitat

destruction, including marine pollution and natural environmental

change, on specific marine mammal species or stocks, and for

strategic stocks, appropriate conservation or management measures

to alleviate any such impacts; and

(F) any other issue which the Secretary or the groups consider

appropriate.

(2) The scientific review groups established under this

subsection shall not be subject to the Federal Advisory Committee

Act (5 App. U.S.C.).

(3) Members of the scientific review groups shall serve without

compensation, but may be reimbursed by the Secretary, upon request,

for reasonable travel costs and expenses incurred in performing

their obligations.

(4) The Secretary may appoint or reappoint individuals to the

regional scientific review groups under paragraph (1) as needed.

(e) Effect on section 1371(b) of this title

This section shall not affect or otherwise modify the provisions

of section 1371(b) of this title.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 117, as added Pub. L. 103-238, Sec.

10, Apr. 30, 1994, 108 Stat. 543.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(d)(2), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1371, 1382, 1384, 1387,

1389 of this title.

-CITE-

16 USC Sec. 1387 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1387. Taking of marine mammals incidental to commercial

fishing operations

-STATUTE-

(a) In general

(1) Effective on April 30, 1994, and except as provided in

section 1383a of this title and in paragraphs (2), (3), and (4) of

this subsection, the provisions of this section shall govern the

incidental taking of marine mammals in the course of commercial

fishing operations by persons using vessels of the United States or

vessels which have valid fishing permits issued by the Secretary in

accordance with section 1824(b) of this title. In any event it

shall be the immediate goal that the incidental mortality or

serious injury of marine mammals occurring in the course of

commercial fishing operations be reduced to insignificant levels

approaching a zero mortality and serious injury rate within 7 years

after April 30, 1994.

(2) In the case of the incidental taking of marine mammals from

species or stocks designated under this chapter as depleted on the

basis of their listing as threatened species or endangered species

under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),

both this section and section 1371(a)(5)(E) of this title shall

apply.

(3) Sections (FOOTNOTE 1) 1374(h) of this title and subchapter IV

of this chapter, and not this section, shall govern the taking of

marine mammals in the course of commercial purse seine fishing for

yellowfin tuna in the eastern tropical Pacific Ocean.

(FOOTNOTE 1) So in original. Probably should be ''Section''.

(4) This section shall not govern the incidental taking of

California sea otters and shall not be deemed to amend or repeal

the Act of November 7, 1986 (Public Law 99-625; 100 Stat. 3500).

(5) Except as provided in section 1371(c) of this title, the

intentional lethal take of any marine mammal in the course of

commercial fishing operations is prohibited.

(6) Sections 1373 and 1374 of this title shall not apply to the

incidental taking of marine mammals under the authority of this

section.

(b) Zero mortality rate goal

(1) Commercial fisheries shall reduce incidental mortality and

serious injury of marine mammals to insignificant levels

approaching a zero mortality and serious injury rate within 7 years

after April 30, 1994.

(2) Fisheries which maintain insignificant serious injury and

mortality levels approaching a zero rate shall not be required to

further reduce their mortality and serious injury rates.

(3) Three years after April 30, 1994, the Secretary shall review

the progress of all commercial fisheries, by fishery, toward

reducing incidental mortality and serious injury to insignificant

levels approaching a zero rate. The Secretary shall submit to the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Merchant Marine and Fisheries of the House of

Representatives a report setting forth the results of such review

within 1 year after commencement of the review. The Secretary

shall note any commercial fishery for which additional information

is required to accurately assess the level of incidental mortality

and serious injury of marine mammals in the fishery.

(4) If the Secretary determines after review under paragraph (3)

that the rate of incidental mortality and serious injury of marine

mammals in a commercial fishery is not consistent with paragraph

(1), then the Secretary shall take appropriate action under

subsection (f) of this section.

(c) Registration and authorization

(1) The Secretary shall, within 90 days after April 30, 1994 -

(A) publish in the Federal Register for public comment, for a

period of not less than 90 days, any necessary changes to the

Secretary's list of commercial fisheries published under section

1383a(b)(1) of this title and which is in existence on March 31,

1994 (along with an explanation of such changes and a statement

describing the marine mammal stocks interacting with, and the

approximate number of vessels or persons actively involved in,

each such fishery), with respect to commercial fisheries that

have -

(i) frequent incidental mortality and serious injury of

marine mammals;

(ii) occasional incidental mortality and serious injury of

marine mammals; or

(iii) a remote likelihood of or no known incidental mortality

or serious injury of marine mammals;

(B) after the close of the period for such public comment,

publish in the Federal Register a revised list of commercial

fisheries and an update of information required by subparagraph

(A), together with a summary of the provisions of this section

and information sufficient to advise vessel owners on how to

obtain an authorization and otherwise comply with the

requirements of this section; and

(C) at least once each year thereafter, and at such other times

as the Secretary considers appropriate, reexamine, based on

information gathered under this chapter and other relevant

sources and after notice and opportunity for public comment, the

classification of commercial fisheries and other determinations

required under subparagraph (A) and publish in the Federal

Register any necessary changes.

(2)(A) An authorization shall be granted by the Secretary in

accordance with this section for a vessel engaged in a commercial

fishery listed under paragraph (1)(A)(i) or (ii), upon receipt by

the Secretary of a completed registration form providing the name

of the vessel owner and operator, the name and description of the

vessel, the fisheries in which it will be engaged, the approximate

time, duration, and location of such fishery operations, and the

general type and nature of use of the fishing gear and techniques

used. Such information shall be in a readily usable format that

can be efficiently entered into and utilized by an automated or

computerized data processing system. A decal or other physical

evidence that the authorization is current and valid shall be

issued by the Secretary at the time an authorization is granted,

and so long as the authorization remains current and valid, shall

be reissued annually thereafter.

(B) No authorization may be granted under this section to the

owner of a vessel unless such vessel -

(i) is a vessel of the United States; or

(ii) has a valid fishing permit issued by the Secretary in

accordance with section 1824(b) of this title.

(C) Except as provided in subsection (a) of this section, an

authorization granted under this section shall allow the incidental

taking of all species and stocks of marine mammals to which this

chapter applies.

(3)(A) An owner of a vessel engaged in any fishery listed under

paragraph (1)(A)(i) or (ii) shall, in order to engage in the lawful

incidental taking of marine mammals in a commercial fishery -

(i) have registered as required under paragraph (2) with the

Secretary in order to obtain for each such vessel owned and used

in the fishery an authorization for the purpose of incidentally

taking marine mammals in accordance with this section, except

that owners of vessels holding valid certificates of exemption

under section 1383a of this title are deemed to have registered

for purposes of this subsection for the period during which such

exemption is valid;

(ii) ensure that a decal or such other physical evidence of a

current and valid authorization as the Secretary may require is

displayed on or is in the possession of the master of each such

vessel;

(iii) report as required by subsection (e) of this section; and

(iv) comply with any applicable take reduction plan and

emergency regulations issued under this section.

(B) Any owner of a vessel receiving an authorization under this

section for any fishery listed under paragraph (1)(A)(i) or (ii)

shall, as a condition of that authorization, take on board an

observer if requested to do so by the Secretary.

(C) An owner of a vessel engaged in a fishery listed under

paragraph (1)(A)(i) or (ii) who -

(i) fails to obtain from the Secretary an authorization for

such vessel under this section;

(ii) fails to maintain a current and valid authorization for

such vessel; or

(iii) fails to ensure that a decal or other physical evidence

of such authorization issued by the Secretary is displayed on or

is in possession of the master of the vessel,

and the master of any such vessel engaged in such fishery, shall be

deemed to have violated this subchapter, and for violations of

clauses (i) and (ii) shall be subject to the penalties of this

subchapter, and for violations of clause (iii) shall be subject to

a fine of not more than $100 for each offense.

(D) If the owner of a vessel has obtained and maintains a current

and valid authorization from the Secretary under this section and

meets the requirements set forth in this section, including

compliance with any regulations to implement a take reduction plan

under this section, the owner of such vessel, and the master and

crew members of the vessel, shall not be subject to the penalties

set forth in this subchapter for the incidental taking of marine

mammals while such vessel is engaged in a fishery to which the

authorization applies.

(E) Each owner of a vessel engaged in any fishery not listed

under paragraph (1)(A)(i) or (ii), and the master and crew members

of such a vessel, shall not be subject to the penalties set forth

in this subchapter for the incidental taking of marine mammals if

such owner reports to the Secretary, in the form and manner

required under subsection (e) of this section, instances of

incidental mortality or injury of marine mammals in the course of

that fishery.

(4)(A) The Secretary shall suspend or revoke an authorization

granted under this section and shall not issue a decal or other

physical evidence of the authorization for any vessel until the

owner of such vessel complies with the reporting requirements under

subsection (e) of this section and such requirements to take on

board an observer under paragraph (3)(B) as are applicable to such

vessel. Previous failure to comply with the requirements of

section 1383a of this title shall not bar authorization under this

section for an owner who complies with the requirements of this

section.

(B) The Secretary may suspend or revoke an authorization granted

under this subsection, and may not issue a decal or other physical

evidence of the authorization for any vessel which fails to comply

with a take reduction plan or emergency regulations issued under

this section.

(C) The owner and master of a vessel which fails to comply with a

take reduction plan shall be subject to the penalties of sections

1375 and 1377 of this title, and may be subject to section 1376 of

this title.

(5)(A) The Secretary shall develop, in consultation with the

appropriate States, affected Regional Fishery Management Councils,

and other interested persons, the means by which the granting and

administration of authorizations under this section shall be

integrated and coordinated, to the maximum extent practicable, with

existing fishery licenses, registrations, and related programs.

(B) The Secretary shall utilize newspapers of general

circulation, fishery trade associations, electronic media, and

other means of advising commercial fishermen of the provisions of

this section and the means by which they can comply with its

requirements.

(C) The Secretary is authorized to charge a fee for the granting

of an authorization under this section. The level of fees charged

under this subparagraph shall not exceed the administrative costs

incurred in granting an authorization. Fees collected under this

subparagraph shall be available to the Under Secretary of Commerce

for Oceans and Atmosphere for expenses incurred in the granting and

administration of authorizations under this section.

(d) Monitoring of incidental takes

(1) The Secretary shall establish a program to monitor incidental

mortality and serious injury of marine mammals during the course of

commercial fishing operations. The purposes of the monitoring

program shall be to -

(A) obtain statistically reliable estimates of incidental

mortality and serious injury;

(B) determine the reliability of reports of incidental

mortality and serious injury under subsection (e) of this

section; and

(C) identify changes in fishing methods or technology that may

increase or decrease incidental mortality and serious injury.

(2) Pursuant to paragraph (1), the Secretary may place observers

on board vessels as necessary, subject to the provisions of this

section. Observers may, among other tasks -

(A) record incidental mortality and injury, or by catch of

other nontarget species;

(B) record numbers of marine mammals sighted; and

(C) perform other scientific investigations.

(3) In determining the distribution of observers among commercial

fisheries and vessels within a fishery, the Secretary shall be

guided by the following standards:

(A) The requirement to obtain statistically reliable

information.

(B) The requirement that assignment of observers is fair and

equitable among fisheries and among vessels in a fishery.

(C) The requirement that no individual person or vessel, or

group of persons or vessels, be subject to excessive or overly

burdensome observer coverage.

(D) To the extent practicable, the need to minimize costs and

avoid duplication.

(4) To the extent practicable, the Secretary shall allocate

observers among commercial fisheries in accordance with the

following priority:

(A) The highest priority for allocation shall be for commercial

fisheries that have incidental mortality or serious injury of

marine mammals from stocks listed as endangered species or

threatened species under the Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.).

(B) The second highest priority for allocation shall be for

commercial fisheries that have incidental mortality and serious

injury of marine mammals from strategic stocks.

(C) The third highest priority for allocation shall be for

commercial fisheries that have incidental mortality or serious

injury of marine mammals from stocks for which the level of

incidental mortality and serious injury is uncertain.

(5) The Secretary may establish an alternative observer program

to provide statistically reliable information on the species and

number of marine mammals incidentally taken in the course of

commercial fishing operations. The alternative observer program

may include direct observation of fishing activities from vessels,

airplanes, or points on shore.

(6) The Secretary is not required to place an observer on a

vessel in a fishery if the Secretary finds that -

(A) in a situation in which harvesting vessels are delivering

fish to a processing vessel and the catch is not taken on board

the harvesting vessel, statistically reliable information can be

obtained from an observer on board the processing vessel to which

the fish are delivered;

(B) the facilities on a vessel for quartering of an observer,

or for carrying out observer functions, are so inadequate or

unsafe that the health or safety of the observer or the safe

operation of the vessel would be jeopardized; or

(C) for reasons beyond the control of the Secretary, an

observer is not available.

(7) The Secretary may, with the consent of the vessel owner,

station an observer on board a vessel engaged in a fishery not

listed under subsection (c)(1)(A)(i) or (ii) of this section.

(8) Any proprietary information collected under this subsection

shall be confidential and shall not be disclosed except -

(A) to Federal employees whose duties require access to such

information;

(B) to State or tribal employees pursuant to an agreement with

the Secretary that prevents public disclosure of the identity or

business of any person;

(C) when required by court order; or

(D) in the case of scientific information involving fisheries,

to employees of Regional Fishery Management Councils who are

responsible for fishery management plan development and

monitoring.

(9) The Secretary shall prescribe such procedures as may be

necessary to preserve such confidentiality, except that the

Secretary shall release or make public upon request any such

information in aggregate, summary, or other form which does not

directly or indirectly disclose the identity or business of any

person.

(e) Reporting requirement

The owner or operator of a commercial fishing vessel subject to

this chapter shall report all incidental mortality and injury of

marine mammals in the course of commercial fishing operations to

the Secretary by mail or other means acceptable to the Secretary

within 48 hours after the end of each fishing trip on a standard

postage-paid form to be developed by the Secretary under this

section. Such form shall be capable of being readily entered into

and usable by an automated or computerized data processing system

and shall require the vessel owner or operator to provide the

following:

(1) The vessel name, and Federal, State, or tribal registration

numbers of the registered vessel.

(2) The name and address of the vessel owner or operator.

(3) The name and description of the fishery.

(4) The species of each marine mammal incidentally killed or

injured, and the date, time, and approximate geographic location

of such occurrence.

(f) Take reduction plans

(1) The Secretary shall develop and implement a take reduction

plan designed to assist in the recovery or prevent the depletion of

each strategic stock which interacts with a commercial fishery

listed under subsection (c)(1)(A)(i) or (ii) of this section, and

may develop and implement such a plan for any other marine mammal

stocks which interact with a commercial fishery listed under

subsection (c)(1)(A)(i) of this section which the Secretary

determines, after notice and opportunity for public comment, has a

high level of mortality and serious injury across a number of such

marine mammal stocks.

(2) The immediate goal of a take reduction plan for a strategic

stock shall be to reduce, within 6 months of its implementation,

the incidental mortality or serious injury of marine mammals

incidentally taken in the course of commercial fishing operations

to levels less than the potential biological removal level

established for that stock under section 1386 of this title. The

long-term goal of the plan shall be to reduce, within 5 years of

its implementation, the incidental mortality or serious injury of

marine mammals incidentally taken in the course of commercial

fishing operations to insignificant levels approaching a zero

mortality and serious injury rate, taking into account the

economics of the fishery, the availability of existing technology,

and existing State or regional fishery management plans.

(3) If there is insufficient funding available to develop and

implement a take reduction plan for all such stocks that interact

with commercial fisheries listed under subsection (c)(1)(A)(i) or

(ii) of this section, the Secretary shall give highest priority to

the development and implementation of take reduction plans for

species or stocks whose level of incidental mortality and serious

injury exceeds the potential biological removal level, those that

have a small population size, and those which are declining most

rapidly.

(4) Each take reduction plan shall include -

(A) a review of the information in the final stock assessment

published under section 1386(b) of this title and any substantial

new information;

(B) an estimate of the total number and, if possible, age and

gender, of animals from the stock that are being incidentally

lethally taken or seriously injured each year during the course

of commercial fishing operations, by fishery;

(C) recommended regulatory or voluntary measures for the

reduction of incidental mortality and serious injury;

(D) recommended dates for achieving the specific objectives of

the plan.

(5)(A) For any stock in which incidental mortality and serious

injury from commercial fisheries exceeds the potential biological

removal level established under section 1386 of this title, the

plan shall include measures the Secretary expects will reduce,

within 6 months of the plan's implementation, such mortality and

serious injury to a level below the potential biological removal

level.

(B) For any stock in which human-caused mortality and serious

injury exceeds the potential biological removal level, other than a

stock to which subparagraph (A) applies, the plan shall include

measures the Secretary expects will reduce, to the maximum extent

practicable within 6 months of the plan's implementation, the

incidental mortality and serious injury by such commercial

fisheries from that stock. For purposes of this subparagraph, the

term ''maximum extent practicable'' means to the lowest level that

is feasible for such fisheries within the 6-month period.

(6)(A) At the earliest possible time (not later than 30 days)

after the Secretary issues a final stock assessment under section

1386(b) of this title for a strategic stock, the Secretary shall,

and for stocks that interact with a fishery listed under subsection

(c)(1)(A)(i) of this section for which the Secretary has made a

determination under paragraph (1), the Secretary may -

(i) establish a take reduction team for such stock and appoint

the members of such team in accordance with subparagraph (C); and

(ii) publish in the Federal Register a notice of the team's

establishment, the names of the team's appointed members, the

full geographic range of such stock, and a list of all commercial

fisheries that cause incidental mortality and serious injury of

marine mammals from such stock.

(B) The Secretary may request a take reduction team to address a

stock that extends over one or more regions or fisheries, or

multiple stocks within a region or fishery, if the Secretary

determines that doing so would facilitate the development and

implementation of plans required under this subsection.

(C) Members of take reduction teams shall have expertise

regarding the conservation or biology of the marine mammal species

which the take reduction plan will address, or the fishing

practices which result in the incidental mortality and serious

injury of such species. Members shall include representatives of

Federal agencies, each coastal State which has fisheries which

interact with the species or stock, appropriate Regional Fishery

Management Councils, interstate fisheries commissions, academic and

scientific organizations, environmental groups, all commercial and

recreational fisheries groups and gear types which incidentally

take the species or stock, Alaska Native organizations or Indian

tribal organizations, and others as the Secretary deems

appropriate. Take reduction teams shall, to the maximum extent

practicable, consist of an equitable balance among representatives

of resource user interests and nonuser interests.

(D) Take reduction teams shall not be subject to the Federal

Advisory Committee Act (5 App. U.S.C.). Meetings of take reduction

teams shall be open to the public, and prior notice of meetings

shall be made public in a timely fashion.

(E) Members of take reduction teams shall serve without

compensation, but may be reimbursed by the Secretary, upon request,

for reasonable travel costs and expenses incurred in performing

their duties as members of the team.

(7) Where the human-caused mortality and serious injury from a

strategic stock is estimated to be equal to or greater than the

potential biological removal level established under section 1386

of this title for such stock and such stock interacts with a

fishery listed under subsection (c)(1)(A)(i) or (ii) of this

section, the following procedures shall apply in the development of

the take reduction plan for the stock:

(A)(i) Not later than 6 months after the date of establishment

of a take reduction team for the stock, the team shall submit a

draft take reduction plan for such stock to the Secretary,

consistent with the other provisions of this section.

(ii) Such draft take reduction plan shall be developed by

consensus. In the event consensus cannot be reached, the team

shall advise the Secretary in writing on the range of

possibilities considered by the team, and the views of both the

majority and minority.

(B)(i) The Secretary shall take the draft take reduction plan

into consideration and, not later than 60 days after the

submission of the draft plan by the team, the Secretary shall

publish in the Federal Register the plan proposed by the team,

any changes proposed by the Secretary with an explanation of the

reasons therefor, and proposed regulations to implement such

plan, for public review and comment during a period of not to

exceed 90 days.

(ii) In the event that the take reduction team does not submit

a draft plan to the Secretary within 6 months, the Secretary

shall, not later than 8 months after the establishment of the

team, publish in the Federal Register a proposed take reduction

plan and implementing regulations, for public review and comment

during a period of not to exceed 90 days.

(C) Not later than 60 days after the close of the comment

period required under subparagraph (B), the Secretary shall issue

a final take reduction plan and implementing regulations,

consistent with the other provisions of this section.

(D) The Secretary shall, during a period of 30 days after

publication of a final take reduction plan, utilize newspapers of

general circulation, fishery trade associations, electronic

media, and other means of advising commercial fishermen of the

requirements of the plan and how to comply with them.

(E) The Secretary and the take reduction team shall meet every

6 months, or at such other intervals as the Secretary determines

are necessary, to monitor the implementation of the final take

reduction plan until such time that the Secretary determines that

the objectives of such plan have been met.

(F) The Secretary shall amend the take reduction plan and

implementing regulations as necessary to meet the requirements of

this section, in accordance with the procedures in this section

for the issuance of such plans and regulations.

(8) Where the human-caused mortality and serious injury from a

strategic stock is estimated to be less than the potential

biological removal level established under section 1386 of this

title for such stock and such stock interacts with a fishery listed

under subsection (c)(1)(A)(i) or (ii) of this section, or for any

marine mammal stocks which interact with a commercial fishery

listed under subsection (c)(1)(A)(i) of this section for which the

Secretary has made a determination under paragraph (1), the

following procedures shall apply in the development of the take

reduction plan for such stock:

(A)(i) Not later than 11 months after the date of establishment

of a take reduction team for the stock, the team shall submit a

draft take reduction plan for the stock to the Secretary,

consistent with the other provisions of this section.

(ii) Such draft take reduction plan shall be developed by

consensus. In the event consensus cannot be reached, the team

shall advise the Secretary in writing on the range of

possibilities considered by the team, and the views of both the

majority and minority.

(B)(i) The Secretary shall take the draft take reduction plan

into consideration and, not later than 60 days after the

submission of the draft plan by the team, the Secretary shall

publish in the Federal Register the plan proposed by the team,

any changes proposed by the Secretary with an explanation of the

reasons therefor, and proposed regulations to implement such

plan, for public review and comment during a period of not to

exceed 90 days.

(ii) In the event that the take reduction team does not submit

a draft plan to the Secretary within 11 months, the Secretary

shall, not later than 13 months after the establishment of the

team, publish in the Federal Register a proposed take reduction

plan and implementing regulations, for public review and comment

during a period of not to exceed 90 days.

(C) Not later than 60 days after the close of the comment

period required under subparagraph (B), the Secretary shall issue

a final take reduction plan and implementing regulations,

consistent with the other provisions of this section.

(D) The Secretary shall, during a period of 30 days after

publication of a final take reduction plan, utilize newspapers of

general circulation, fishery trade associations, electronic

media, and other means of advising commercial fishermen of the

requirements of the plan and how to comply with them.

(E) The Secretary and the take reduction team shall meet on an

annual basis, or at such other intervals as the Secretary

determines are necessary, to monitor the implementation of the

final take reduction plan until such time that the Secretary

determines that the objectives of such plan have been met.

(F) The Secretary shall amend the take reduction plan and

implementing regulations as necessary to meet the requirements of

this section, in accordance with the procedures in this section

for the issuance of such plans and regulations.

(9) In implementing a take reduction plan developed pursuant to

this subsection, the Secretary may, where necessary to implement a

take reduction plan to protect or restore a marine mammal stock or

species covered by such plan, promulgate regulations which include,

but are not limited to, measures to -

(A) establish fishery-specific limits on incidental mortality

and serious injury of marine mammals in commercial fisheries or

restrict commercial fisheries by time or area;

(B) require the use of alternative commercial fishing gear or

techniques and new technologies, encourage the development of

such gear or technology, or convene expert skippers' panels;

(C) educate commercial fishermen, through workshops and other

means, on the importance of reducing the incidental mortality and

serious injury of marine mammals in affected commercial

fisheries; and

(D) monitor, in accordance with subsection (d) of this section,

the effectiveness of measures taken to reduce the level of

incidental mortality and serious injury of marine mammals in the

course of commercial fishing operations.

(10)(A) Notwithstanding paragraph (6), in the case of any stock

to which paragraph (1) applies for which a final stock assessment

has not been published under section 1386(b)(3) of this title by

April 1, 1995, due to a proceeding under section 1386(b)(2) of this

title, or any Federal court review of such proceeding, the

Secretary shall establish a take reduction team under paragraph (6)

for such stock as if a final stock assessment had been published.

(B) The draft stock assessment published for such stock under

section 1386(b)(1) of this title shall be deemed the final stock

assessment for purposes of preparing and implementing a take

reduction plan for such stock under this section.

(C) Upon publication of a final stock assessment for such stock

under section 1386(b)(3) of this title the Secretary shall

immediately reconvene the take reduction team for such stock for

the purpose of amending the take reduction plan, and any

regulations issued to implement such plan, if necessary, to reflect

the final stock assessment or court action. Such amendments shall

be made in accordance with paragraph (7)(F) or (8)(F), as

appropriate.

(D) A draft stock assessment may only be used as the basis for a

take reduction plan under this paragraph for a period of not to

exceed two years, or until a final stock assessment is published,

whichever is earlier. If, at the end of the two-year period, a

final stock assessment has not been published, the Secretary shall

categorize such stock under section 1386(a)(5)(A) of this title and

shall revoke any regulations to implement a take reduction plan for

such stock.

(E) Subparagraph (D) shall not apply for any period beyond two

years during which a final stock assessment for such stock has not

been published due to review of a proceeding on such stock

assessment by a Federal court. Immediately upon final action by

such court, the Secretary shall proceed under subparagraph (C).

(11) Take reduction plans developed under this section for a

species or stock listed as a threatened species or endangered

species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.) shall be consistent with any recovery plan developed for such

species or stock under section 4 of such Act (16 U.S.C. 1533).

(g) Emergency regulations

(1) If the Secretary finds that the incidental mortality and

serious injury of marine mammals from commercial fisheries is

having, or is likely to have, an immediate and significant adverse

impact on a stock or species, the Secretary shall take actions as

follows:

(A) In the case of a stock or species for which a take

reduction plan is in effect, the Secretary shall -

(i) prescribe emergency regulations that, consistent with

such plan to the maximum extent practicable, reduce incidental

mortality and serious injury in that fishery; and

(ii) approve and implement, on an expedited basis, any

amendments to such plan that are recommended by the take

reduction team to address such adverse impact.

(B) In the case of a stock or species for which a take

reduction plan is being developed, the Secretary shall -

(i) prescribe emergency regulations to reduce such incidental

mortality and serious injury in that fishery; and

(ii) approve and implement, on an expedited basis, such plan,

which shall provide methods to address such adverse impact if

still necessary.

(C) In the case of a stock or species for which a take

reduction plan does not exist and is not being developed, or in

the case of a commercial fishery listed under subsection

(c)(1)(A)(iii) of this section which the Secretary believes may

be contributing to such adverse impact, the Secretary shall -

(i) prescribe emergency regulations to reduce such incidental

mortality and serious injury in that fishery, to the extent

necessary to mitigate such adverse impact;

(ii) immediately review the stock assessment for such stock

or species and the classification of such commercial fishery

under this section to determine if a take reduction team should

be established; and

(iii) may, where necessary to address such adverse impact on

a species or stock listed as a threatened species or endangered

species under the Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.), place observers on vessels in a commercial

fishery listed under subsection (c)(1)(A)(iii) of this section,

if the Secretary has reason to believe such vessels may be

causing the incidental mortality and serious injury to marine

mammals from such stock.

(2) Prior to taking action under paragraph (1)(A), (B), or (C),

the Secretary shall consult with the Marine Mammal Commission, all

appropriate Regional Fishery Management Councils, State fishery

managers, and the appropriate take reduction team (if established).

(3) Emergency regulations prescribed under this subsection -

(A) shall be published in the Federal Register, together with

an explanation thereof;

(B) shall remain in effect for not more than 180 days or until

the end of the applicable commercial fishing season, whichever is

earlier; and

(C) may be terminated by the Secretary at an earlier date by

publication in the Federal Register of a notice of termination,

if the Secretary determines that the reasons for emergency

regulations no longer exist.

(4) If the Secretary finds that incidental mortality and serious

injury of marine mammals in a commercial fishery is continuing to

have an immediate and significant adverse impact on a stock or

species, the Secretary may extend the emergency regulations for an

additional period of not more than 90 days or until reasons for the

emergency no longer exist, whichever is earlier.

(h) Penalties

Except as provided in subsection (c) of this section, any person

who violates this section shall be subject to the provisions of

sections 1375 and 1377 of this title, and may be subject to section

1376 of this title as the Secretary shall establish by regulations.

(i) Assistance

The Secretary shall provide assistance to Regional Fishery

Management Councils, States, interstate fishery commissions, and

Indian tribal organizations in meeting the goal of reducing

incidental mortality and serious injury to insignificant levels

approaching a zero mortality and serious injury rate.

(j) Contributions

For purposes of carrying out this section, the Secretary may

accept, solicit, receive, hold, administer, and use gifts, devises,

and bequests.

(k) Consultation with Secretary of the Interior

The Secretary shall consult with the Secretary of the Interior

prior to taking actions or making determinations under this section

that affect or relate to species or population stocks of marine

mammals for which the Secretary of the Interior is responsible

under this subchapter.

(l) Definitions

As used in this section and section 1371(a)(5)(E) of this title,

each of the terms ''fishery'' and ''vessel of the United States''

has the same meaning it does in section 1802 of this title.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 118, as added Pub. L. 103-238, Sec.

11, Apr. 30, 1994, 108 Stat. 546; amended Pub. L. 104-208, div. A,

title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30, 1996, 110

Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in subsecs.

(a)(2), (d)(4)(A), (f)(11), and (g)(1)(C)(iii), is Pub. L. 93-205,

Dec. 28, 1973, 87 Stat. 884, as amended, which is classified

principally to chapter 35 (Sec. 1531 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1531 of this title and Tables.

Act of November 7, 1986, referred to in subsec. (a)(4), is Pub.

L. 99-625, Nov. 7, 1986, 100 Stat. 3500, which amended section 718b

of this title and provisions set out as a table of National

Wildlife Refuges under section 668dd of this title and enacted

provisions set out as a note under section 1536 of this title. For

complete classification of this Act to the Code, see Tables.

The Federal Advisory Committee Act, referred to in subsec.

(f)(6)(D), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1996 - Subsecs. (a)(1), (c)(2)(B)(ii), (l). Pub. L. 104-208 made

technical amendment to references in original act which appear in

text as references to sections 1802 and 1824(b) of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1362, 1371, 1372, 1375,

1383a, 1383b, 1384, 1389 of this title.

-CITE-

16 USC Sec. 1388 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1388. Marine mammal cooperative agreements in Alaska

-STATUTE-

(a) In general

The Secretary may enter into cooperative agreements with Alaska

Native organizations to conserve marine mammals and provide

co-management of subsistence use by Alaska Natives.

(b) Grants

Agreements entered into under this section may include grants to

Alaska Native organizations for, among other purposes -

(1) collecting and analyzing data on marine mammal populations;

(2) monitoring the harvest of marine mammals for subsistence

use;

(3) participating in marine mammal research conducted by the

Federal Government, States, academic institutions, and private

organizations; and

(4) developing marine mammal co-management structures with

Federal and State agencies.

(c) Effect of jurisdiction

Nothing in this section is intended or shall be construed -

(1) as authorizing any expansion or change in the respective

jurisdiction of Federal, State, or tribal governments over fish

and wildlife resources; or

(2) as altering in any respect the existing political or legal

status of Alaska Natives, or the governmental or jurisdictional

status of Alaska Native communities or Alaska Native entities.

(d) Authorization of appropriations

There are authorized to be appropriated for the purposes of

carrying out this section -

(1) $1,500,000 to the Secretary of Commerce for each of the

fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and

(2) $1,000,000 to the Secretary of the Interior for each of the

fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

The amounts authorized to be appropriated under this subsection are

in addition to the amounts authorized to be appropriated under

section 1384 of this title.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 119, as added Pub. L. 103-238, Sec.

19, Apr. 30, 1994, 108 Stat. 559.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1371 of this title.

-CITE-

16 USC Sec. 1389 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

-HEAD-

Sec. 1389. Pacific Coast Task Force; Gulf of Maine

-STATUTE-

(a) Pinniped removal authority

Notwithstanding any other provision of this subchapter, the

Secretary may permit the intentional lethal taking of pinnipeds in

accordance with this section.

(b) Application

(1) A State may apply to the Secretary to authorize the

intentional lethal taking of individually identifiable pinnipeds

which are having a significant negative impact on the decline or

recovery of salmonid fishery stocks which -

(A) have been listed as threatened species or endangered

species under the Endangered Species Act of 1973 (16 U.S.C. 1531

et seq.);

(B) the Secretary finds are approaching threatened species or

endangered species status (as those terms are defined in that

Act); or

(C) migrate through the Ballard Locks at Seattle, Washington.

(2) Any such application shall include a means of identifying the

individual pinniped or pinnipeds, and shall include a detailed

description of the problem interaction and expected benefits of the

taking.

(c) Actions in response to application

(1) Within 15 days of receiving an application, the Secretary

shall determine whether the application has produced sufficient

evidence to warrant establishing a Pinniped-Fishery Interaction

Task Force to address the situation described in the application.

If the Secretary determines sufficient evidence has been provided,

the Secretary shall establish a Pinniped-Fishery Interaction Task

Force and publish a notice in the Federal Register requesting

public comment on the application.

(2) A Pinniped-Fishery Interaction Task Force established under

paragraph (1) shall consist of designated employees of the

Department of Commerce, scientists who are knowledgeable about the

pinniped interaction that the application addresses,

representatives of affected conservation and fishing community

organizations, Indian Treaty tribes, the States, and such other

organizations as the Secretary deems appropriate.

(3) Within 60 days after establishment, and after reviewing

public comments in response to the Federal Register notice under

paragraph (1), the Pinniped-Fishery Interaction Task Force shall -

(A) recommend to the Secretary whether to approve or deny the

proposed intentional lethal taking of the pinniped or pinnipeds,

including along with the recommendation a description of the

specific pinniped individual or individuals, the proposed

location, time, and method of such taking, criteria for

evaluating the success of the action, and the duration of the

intentional lethal taking authority; and

(B) suggest nonlethal alternatives, if available and

practicable, including a recommended course of action.

(4) Within 30 days after receipt of recommendations from the

Pinniped-Fishery Interaction Task Force, the Secretary shall either

approve or deny the application. If such application is approved,

the Secretary shall immediately take steps to implement the

intentional lethal taking, which shall be performed by Federal or

State agencies, or qualified individuals under contract to such

agencies.

(5) After implementation of an approved application, the

Pinniped-Fishery Interaction Task Force shall evaluate the

effectiveness of the permitted intentional lethal taking or

alternative actions implemented. If implementation was ineffective

in eliminating the problem interaction, the Task Force shall

recommend additional actions. If the implementation was effective,

the Task Force shall so advise the Secretary, and the Secretary

shall disband the Task Force.

(d) Considerations

In considering whether an application should be approved or

denied, the Pinniped-Fishery Interaction Task Force and the

Secretary shall consider -

(1) population trends, feeding habits, the location of the

pinniped interaction, how and when the interaction occurs, and

how many individual pinnipeds are involved;

(2) past efforts to nonlethally deter such pinnipeds, and

whether the applicant has demonstrated that no feasible and

prudent alternatives exist and that the applicant has taken all

reasonable nonlethal steps without success;

(3) the extent to which such pinnipeds are causing undue injury

or impact to, or imbalance with, other species in the ecosystem,

including fish populations; and

(4) the extent to which such pinnipeds are exhibiting behavior

that presents an ongoing threat to public safety.

(e) Limitation

The Secretary shall not approve the intentional lethal taking of

any pinniped from a species or stock that is -

(1) listed as a threatened species or endangered species under

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(2) depleted under this chapter; or

(3) a strategic stock.

(f) California sea lions and Pacific harbor seals; investigation

and report

(1) The Secretary shall engage in a scientific investigation to

determine whether California sea lions and Pacific harbor seals -

(A) are having a significant negative impact on the recovery of

salmonid fishery stocks which have been listed as endangered

species or threatened species under the Endangered Species Act of

1973 (16 U.S.C. 1531 et seq.), or which the Secretary finds are

approaching such endangered species or threatened species status;

or

(B) are having broader impacts on the coastal ecosystems of

Washington, Oregon, and California.

The Secretary shall conclude this investigation and prepare a

report on its results no later than October 1, 1995.

(2) Upon completion of the scientific investigation required

under paragraph (1), the Secretary shall enter into discussions

with the Pacific States Marine Fisheries Commission, on behalf of

the States of Washington, Oregon, and California, for the purpose

of addressing any issues or problems identified as a result of the

scientific investigation, and to develop recommendations to address

such issues or problems. Any recommendations resulting from such

discussions shall be submitted, along with the report, to the

Committee on Merchant Marine and Fisheries of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate.

(3) The Secretary shall make the report and the recommendations

submitted under paragraph (2) available to the public for review

and comment for a period of 90 days.

(4) There are authorized to be appropriated to the Secretary such

sums as are necessary to carry out the provisions of this

subsection.

(5) The amounts appropriated under section 4107(c) of this title

and allocated to the Pacific States Marine Fisheries Commission may

be used by the Commission to participate in discussions with the

Secretary under paragraph (2).

(g) Regionwide pinniped-fishery interaction study

(1) The Secretary may conduct a study, of not less than three

high predation areas in anadromous fish migration corridors within

the Northwest Region of the National Marine Fisheries Service, on

the interaction between fish and pinnipeds. In conducting the

study, the Secretary shall consult with other State and Federal

agencies with expertise in pinniped-fishery interaction. The study

shall evaluate -

(A) fish behavior in the presence of predators generally;

(B) holding times and passage rates of anadromous fish stocks

in areas where such fish are vulnerable to predation;

(C) whether additional facilities exist, or could be reasonably

developed, that could improve escapement for anadromous fish; and

(D) other issues the Secretary considers relevant.

(2) Subject to the availability of appropriations, the Secretary

may, not later than 18 months after the commencement of the study

under this subsection, transmit a report on the results of the

study to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Merchant Marine and Fisheries of

the House of Representatives.

(3) The study conducted under this subsection may not be used by

the Secretary as a reason for delaying or deferring a determination

or consideration under subsection (c) or (d) of this section.

(h) Gulf of Maine Task Force

The Secretary shall establish a Pinniped-Fishery Interaction Task

Force to advise the Secretary on issues or problems regarding

pinnipeds interacting in a dangerous or damaging manner with

aquaculture resources in the Gulf of Maine. No later than 2 years

from April 30, 1994, the Secretary shall after notice and

opportunity for public comment submit to the Committee on Merchant

Marine and Fisheries of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the Senate a

report containing recommended available alternatives to mitigate

such interactions.

(i) Requirements applicable to task forces

(1) Any task force established under this section -

(A) shall to the maximum extent practicable, consist of an

equitable balance among representatives of resource user

interests and nonuser interests; and

(B) shall not be subject to the Federal Advisory Committee Act

(5 App. U.S.C.).

(2) Meetings of any task force established under this section

shall be open to the public, and prior notice of those meetings

shall be given to the public by the task force in a timely fashion.

(j) Gulf of Maine harbor porpoise

(1) Nothing in section 1386 of this title shall prevent the

Secretary from publishing a stock assessment for Gulf of Maine

harbor porpoise in an expedited fashion.

(2) In developing and implementing a take reduction plan under

section 1387 of this title for Gulf of Maine harbor porpoise, the

Secretary shall consider all actions already taken to reduce

incidental mortality and serious injury of such stock, and may,

based on the recommendations of the take reduction team for such

stock, modify the time period required for compliance with section

1387(f)(5)(A) of this title, but in no case may such modification

extend the date of compliance beyond April 1, 1997.

-SOURCE-

(Pub. L. 92-522, title I, Sec. 120, as added Pub. L. 103-238, Sec.

23, Apr. 30, 1994, 108 Stat. 562.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in subsecs.

(b)(1)(A), (B), (e)(1), and (f)(1)(A), is Pub. L. 93-205, Dec. 28,

1973, 87 Stat. 884, as amended, which is classified principally to

chapter 35 (Sec. 1531 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1531 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(i)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC SUBCHAPTER III - MARINE MAMMAL COMMISSION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

.

-HEAD-

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1362, 1371 of this

title.

-CITE-

16 USC Sec. 1401 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-

Sec. 1401. Establishment

-STATUTE-

(a) Designation

There is hereby established the Marine Mammal Commission

(hereafter referred to in this subchapter as the ''Commission'').

(b) Membership and term of office

(1) Effective September 1, 1982, the Commission shall be composed

of three members who shall be appointed by the President, by and

with the advice and consent of the Senate. The President shall make

his selection from a list of individuals knowledgeable in the

fields of marine ecology and resource management, and who are not

in a position to profit from the taking of marine mammals. Such

list shall be submitted to him by the Chairman of the Council on

Environmental Quality and unanimously agreed to by that Chairman,

the Secretary of the Smithsonian Institution, the Director of the

National Science Foundation and the Chairman of the National

Academy of Sciences. No member of the Commission may, during his

period of service on the Commission, hold any other position as an

officer or employee of the United States except as a retired

officer or retired civilian employee of the United States.

(2) The term of office for each member shall be three years;

except that of the members initially appointed to the Commission,

the term of one member shall be for one year, the term of one

member shall be for two years, and the term of one member shall be

for three years. No member is eligible for reappointment; except

that any member appointed to fill a vacancy occurring before the

expiration of the term for which his predecessor was appointed (A)

shall be appointed for the remainder of such term, and (B) is

eligible for reappointment for one full term. A member may serve

after the expiration of his term until his successor has taken

office.

(c) Chairman

The President shall designate a Chairman of the Commission

(hereafter referred to in this subchapter as the ''Chairman'') from

among its members.

(d) Compensation; reimbursement for travel expenses

Members of the Commission shall each be compensated at a rate

equal to the daily equivalent of the rate for GS-18 of the General

Schedule under section 5332 of title 5, for each day such member is

engaged in the actual performance of duties vested in the

Commission. Each member shall be reimbursed for travel expenses,

including per diem in lieu of subsistence, as authorized by section

5703 of title 5 for persons in Government service employed

intermittently.

(e) Executive Director

The Commission shall have an Executive Director, who shall be

appointed (without regard to the provisions of title 5 governing

appointments in the competitive service) by the Chairman with the

approval of the Commission and shall be paid at a rate not in

excess of the rate for GS-18 of the General Schedule under section

5332 of title 5. The Executive Director shall have such duties as

the Chairman may assign.

-SOURCE-

(Pub. L. 92-522, title II, Sec. 201, Oct. 21, 1972, 86 Stat. 1043;

Pub. L. 97-389, title II, Sec. 202, Dec. 29, 1982, 96 Stat. 1951;

Pub. L. 98-364, title I, Sec. 103(a), July 17, 1984, 98 Stat. 441.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (e), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1984 - Subsec. (b)(1). Pub. L. 98-364 substituted ''The President

shall make his selection from a list of individuals knowledgeable

in the fields of marine ecology and resource management, and who

are not in a position to profit from the taking of marine mammals.

Such list shall be submitted to him by the Chairman of the Council

on Environmental Quality and unanimously agreed to by that

Chairman, the Secretary of the Smithsonian Institution, the

Director of the National Science Foundation and the Chairman of the

National Academy of Sciences'' for ''The President shall make his

selection from a list, submitted to him by the Chairman of the

Council on Environmental Quality, the Secretary of the Smithsonian

Institution, the Director of the National Science Foundation, and

the Chairman of the National Academy of Sciences, of individuals

knowledgeable in the fields of marine ecology and resource

management, and who are not in a position to profit from the taking

of marine mammals''.

1982 - Subsec. (b)(1). Pub. L. 97-389 inserted requirement that,

effective Sept. 1, 1982, the three members of the Commission be

appointed by and with the advice and consent of the Senate.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1378 of this title; title

10 section 7524.

-CITE-

16 USC Sec. 1402 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-

Sec. 1402. Duties of Commission

-STATUTE-

(a) Reports and recommendations

The Commission shall -

(1) undertake a review and study of the activities of the

United States pursuant to existing laws and international

conventions relating to marine mammals, including, but not

limited to, the International Convention for the Regulation of

Whaling, the Whaling Convention Act of 1949 (16 U.S.C. 916 et

seq.), the Interim Convention on the Conservation of North

Pacific Fur Seals, and the Fur Seal Act of 1966 (16 U.S.C. 1151

et seq.);

(2) conduct a continuing review of the condition of the stocks

of marine mammals, of methods for their protection and

conservation, of humane means of taking marine mammals, of

research programs conducted or proposed to be conducted under the

authority of this chapter, and of all applications for permits

for scientific research, public display, or enhancing the

survival or recovery of a species or stock;

(3) undertake or cause to be undertaken such other studies as

it deems necessary or desirable in connection with its assigned

duties as to the protection and conservation of marine mammals;

(4) recommend to the Secretary and to other Federal officials

such steps as it deems necessary or desirable for the protection

and conservation of marine mammals;

(5) recommend to the Secretary of State appropriate policies

regarding existing international arrangements for the protection

and conservation of marine mammals, and suggest appropriate

international arrangements for the protection and conservation of

marine mammals;

(6) recommend to the Secretary such revisions of the endangered

species list and threatened species list published pursuant to

section 1533(c)(1) of this title, as may be appropriate with

regard to marine mammals; and

(7) recommend to the Secretary, other appropriate Federal

officials, and Congress such additional measures as it deems

necessary or desirable to further the policies of this chapter,

including provisions for the protection of the Indians, Eskimos,

and Aleuts whose livelihood may be adversely affected by actions

taken pursuant to this chapter.

(b) Consultation with Secretary; reports to Secretary before

publication

The Commission shall consult with the Secretary at such intervals

as it or he may deem desirable, and shall provide each annual

report required under section 1404 (FOOTNOTE 1) of this title,

before submission to Congress, to the Secretary for comment.

(FOOTNOTE 1) See References in Text note below.

(c) Availability of reports for public inspection

The reports and recommendations which the Commission makes shall

be matters of public record and shall be available to the public at

all reasonable times. All other activities of the Commission shall

be matters of public record and available to the public in

accordance with the provisions of section 552 of title 5.

(d) Recommendations; explanation for nonadoption

Any recommendations made by the Commission to the Secretary and

other Federal officials shall be responded to by those individuals

within one hundred and twenty days after receipt thereof. Any

recommendations which are not followed or adopted shall be referred

to the Commission together with a detailed explanation of the

reasons why those recommendations were not followed or adopted.

-SOURCE-

(Pub. L. 92-522, title II, Sec. 202, Oct. 21, 1972, 86 Stat. 1044;

Pub. L. 93-205, Sec. 13(e)(4), Dec. 28, 1973, 87 Stat. 903; Pub. L.

97-58, Sec. 6(1), Oct. 9, 1981, 95 Stat. 987; Pub. L. 100-711, Sec.

5(e)(4), Nov. 23, 1988, 102 Stat. 4771.)

-REFTEXT-

REFERENCES IN TEXT

The Whaling Convention Act of 1949, referred to in subsec.

(a)(1), is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as amended,

which is classified generally to subchapter II (Sec. 916 et seq.)

of chapter 14 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 916 of

this title and Tables.

The Fur Seal Act of 1966, referred to in subsec. (a)(1), is Pub.

L. 89-702, Nov. 2, 1966, 80 Stat. 1091, as amended, which is

classified generally to chapter 24 (Sec. 1151 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1151 of this title and

Tables.

Section 1404 of this title, referred to in subsec. (b), was

omitted from the Code.

-MISC2-

AMENDMENTS

1988 - Subsec. (a)(2). Pub. L. 100-711 inserted '', public

display, or enhancing the survival or recovery of a species or

stock'' after ''scientific research''.

1981 - Subsec. (b). Pub. L. 97-58 substituted ''provide each

annual report required under section 1404 of this title, before

submission to Congress, to the Secretary for comment'' for

''furnish its reports and recommendations to him, before

publication, for his comment''.

1973 - Subsec. (a)(6). Pub. L. 93-205 substituted ''such

revisions of the endangered species list and threatened species

list published pursuant to section 1533(c)(1) of this title'' for

''of the Interior such revisions of the Endangered Species List,

authorized by the Endangered Species Conservation Act of 1969,''.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section

16 of Pub. L. 93-205, set out as an Effective Date note under

section 1531 of this title.

-CITE-

16 USC Sec. 1403 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-

Sec. 1403. Committee of Scientific Advisors on Marine Mammals

-STATUTE-

(a) Establishment; membership

The Commission shall establish, within ninety days after its

establishment, a Committee of Scientific Advisors on Marine Mammals

(hereafter referred to in this subchapter as the ''Committee'').

Such Committee shall consist of nine scientists knowledgeable in

marine ecology and marine mammal affairs appointed by the Chairman

after consultation with the Chairman of the Council on

Environmental Quality, the Secretary of the Smithsonian

Institution, the Director of the National Science Foundation, and

the Chairman of the National Academy of Sciences.

(b) Compensation; reimbursement for travel expenses

Except for United States Government employees, members of the

Committee shall each be compensated at a rate equal to the daily

equivalent of the rate for GS-18 of the General Schedule under

section 5332 of title 5, for each day such member is engaged in the

actual performance of duties vested in the Committee. Each member

shall be reimbursed for travel expenses, including per diem in lieu

of subsistence, as authorized by section 5703 of title 5 for

persons in Government service employed intermittently.

(c) Consultation with Commission on studies and recommendations;

explanation for nonadoption

The Commission shall consult with the Committee on all studies

and recommendations which it may propose to make or has made, on

research programs conducted or proposed to be conducted under the

authority of this chapter, and on all applications for permits for

scientific research. Any recommendations made by the Committee or

any of its members which are not adopted by the Commission shall be

transmitted by the Commission to the appropriate Federal agency and

to the appropriate committees of Congress with a detailed

explanation of the Commission's reasons for not accepting such

recommendations.

-SOURCE-

(Pub. L. 92-522, title II, Sec. 203, Oct. 21, 1972, 86 Stat. 1044.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided for by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

16 USC Sec. 1404 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-

Sec. 1404. Omitted

-COD-

CODIFICATION

Section, Pub. L. 92-522, title II, Sec. 204, Oct. 21, 1972, 86

Stat. 1045, which required the Marine Mammal Commission to transmit

to Congress, by January 31 of each year, a report including a

description of the Commission's activities and accomplishments

during the preceding year and all findings and recommendations made

by and to the Commission pursuant to section 1402 of this title

together with responses made to those recommendations, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 176 of House Document No. 103-7.

-CITE-

16 USC Sec. 1405 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-

Sec. 1405. Coordination with other Federal agencies

-STATUTE-

The Commission shall have access to all studies and data compiled

by Federal agencies regarding marine mammals. With the consent of

the appropriate Secretary or Agency head, the Commission may also

utilize the facilities or services of any Federal agency and shall

take every feasible step to avoid duplication of research and to

carry out the purposes of this chapter.

-SOURCE-

(Pub. L. 92-522, title II, Sec. 205, Oct. 21, 1972, 86 Stat. 1045.)

-CITE-

16 USC Sec. 1406 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-

Sec. 1406. Administration

-STATUTE-

The Commission, in carrying out its responsibilities under this

subchapter, may -

(1) employ and fix the compensation of such personnel;

(2) acquire, furnish, and equip such office space;

(3) enter into such contracts or agreements with, or provide

such grants to, other organizations, both public and private;

(4) procure the services of such experts or consultants or an

organization thereof as is authorized under section 3109 of title

5 (but at rates for individuals not to exceed $100 per diem); and

(5) incur such necessary expenses and exercise such other

powers, as are consistent with and reasonably required to perform

its functions under this subchapter; except that no fewer than 11

employees must be employed under paragraph (1) at any time.

Financial and administrative services (including those related to

budgeting, accounting, financial reporting, personnel, and

procurement) shall be provided the Commission by the General

Services Administration, for which payment shall be made in

advance, or by reimbursement from funds of the Commission in such

amounts as may be agreed upon by the Chairman and the

Administrator of General Services.

-SOURCE-

(Pub. L. 92-522, title II, Sec. 206, Oct. 21, 1972, 86 Stat. 1045;

Pub. L. 97-58, Sec. 6(2), Oct. 9, 1981, 95 Stat. 987; Pub. L.

98-364, title I, Sec. 103(b), July 17, 1984, 98 Stat. 442.)

-MISC1-

AMENDMENTS

1984 - Par. (5). Pub. L. 98-364 inserted ''; except that no fewer

than 11 employees must be employed under paragraph (1) at any

time'' at end.

1981 - Par. (3). Pub. L. 97-58 substituted ''contracts or

agreements with, or provide such grants to, other organizations''

for ''contracts or agreements with other organizations''.

-CITE-

16 USC Sec. 1407 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER III - MARINE MAMMAL COMMISSION

-HEAD-

Sec. 1407. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Marine Mammal

Commission, for purposes of carrying out this subchapter,

$1,500,000 for fiscal year 1994, $1,550,000 for fiscal year 1995,

$1,600,000 for fiscal year 1996, $1,650,000 for fiscal year 1997,

$1,700,000 for fiscal year 1998, and $1,750,000 for fiscal year

1999.

-SOURCE-

(Pub. L. 92-522, title II, Sec. 207, Oct. 21, 1972, 86 Stat. 1046;

Pub. L. 95-136, Sec. 3, Oct. 18, 1977, 91 Stat. 1167; Pub. L.

95-316, Sec. 4, July 10, 1978, 92 Stat. 381; Pub. L. 103-238, Sec.

9(b), Apr. 30, 1994, 108 Stat. 543.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 97-58, Sec. 7(c), Oct. 9, 1981, 95 Stat. 987; Pub. L.

98-364, title I, Sec. 104(3), July 17, 1984, 98 Stat. 442; Pub. L.

100-711, Sec. 6(3), Nov. 23, 1988, 102 Stat. 4771, prior to repeal

by Pub. L. 103-238, Sec. 9(c).

AMENDMENTS

1994 - Pub. L. 103-238 amended section generally. Prior to

amendment, section read as follows: ''There are authorized to be

appropriated for the fiscal year in which this subchapter is

enacted and for the next five fiscal years thereafter such sums as

may be necessary to carry out this subchapter, but the sums

appropriated for any fiscal year other than the fiscal year ending

September 30, 1978, shall not exceed $1,000,000, the sum

appropriated for the fiscal year ending September 30, 1978, shall

not exceed $2,000,000, the sum appropriated for the fiscal year

ending September 30, 1979, shall not exceed $1,000,000, the sum

appropriated for the fiscal year ending September 30, 1980, shall

not exceed $1,000,000, and the sum appropriated for the fiscal year

ending September 30, 1981, shall not exceed $1,000,000.''

1978 - Pub. L. 95-316 added provisions authorizing appropriations

for the fiscal years ending Sept. 30, 1979, Sept. 30, 1980, and

Sept. 30, 1981.

1977 - Pub. L. 95-136 substituted ''five fiscal years'' for

''four fiscal years'' and ''the sums appropriated for any fiscal

year other than the fiscal year ending September 30, 1978, shall

not exceed $1,000,000, and the sum appropriated for the fiscal year

ending September 30, 1978, shall not exceed $2,000,000'' for ''the

sums appropriated for any such year shall not exceed $1,000,000''

and struck out requirement that not less than two-thirds of the

sums appropriated pursuant to this section for any such year be

expended on research and studies under authority of section

1402(a)(2) and (3) of this title.

-CITE-

16 USC SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION

PROGRAM 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

.

-HEAD-

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1371, 1387 of this

title.

-CITE-

16 USC Sec. 1411 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1411. Findings and policy

-STATUTE-

(a) Findings

The Congress finds the following:

(1) The yellowfin tuna fishery of the eastern tropical Pacific

Ocean has resulted in the deaths of millions of dolphins.

(2) Significant awareness and increased concern for the health

and safety of dolphin populations has encouraged a change in

fishing methods worldwide.

(3) United States tuna fishing vessels have led the world in

the development of fishing methods to reduce dolphin mortalities

in the eastern tropical Pacific Ocean and United States tuna

processing companies have voluntarily promoted the marketing of

tuna that is dolphin safe.

(4) Nations harvesting yellowfin tuna in the eastern tropical

Pacific Ocean have demonstrated their willingness to participate

in appropriate multilateral agreements to reduce dolphin

mortality progressively to a level approaching zero through the

setting of annual limits, with the goal of eliminating dolphin

mortality in that fishery. Recognition of the International

Dolphin Conservation Program will assure that the existing trend

of reduced dolphin mortality continues; that individual stocks of

dolphins are adequately protected; and that the goal of

eliminating all dolphin mortality continues to be a priority.

(b) Policy

It is the policy of the United States to -

(1) eliminate the marine mammal mortality resulting from the

intentional encirclement of dolphins and other marine mammals in

tuna purse seine fisheries;

(2) support the International Dolphin Conservation Program and

efforts within the Program to reduce, with the goal of

eliminating, the mortality referred to in paragraph (1);

(3) ensure that the market of the United States does not act as

an incentive to the harvest of tuna caught with driftnets or

caught by purse seine vessels in the eastern tropical Pacific

Ocean not operating in compliance with the International Dolphin

Conservation Program;

(4) secure appropriate multilateral agreements to ensure that

United States tuna fishing vessels shall have continued access to

productive tuna fishing grounds in the South Pacific Ocean and

elsewhere; and

(5) encourage observer coverage on purse seine vessels fishing

for tuna outside of the eastern tropical Pacific Ocean in a

fishery in which the Secretary has determined that a regular and

significant association occurs between marine mammals and tuna,

and in which tuna is harvested through the use of purse seine

nets deployed on or to encircle marine mammals.

-SOURCE-

(Pub. L. 92-522, title III, Sec. 301, as added Pub. L. 102-523,

Sec. 2(a), Oct. 26, 1992, 106 Stat. 3425; amended Pub. L. 105-42,

Sec. 6(b), Aug. 15, 1997, 111 Stat. 1129.)

-COD-

CODIFICATION

Another section 301 of Pub. L. 92-522 was renumbered section 401

and is classified to section 1421 of this title.

-MISC3-

AMENDMENTS

1997 - Subsec. (a)(4). Pub. L. 105-42, Sec. 6(b)(1), added par.

(4) and struck out former par. (4) which read as follows: ''Nations

harvesting yellowfin tuna in the eastern tropical Pacific Ocean

have indicated their willingness to participate in appropriate

multilateral agreements to reduce, and eventually eliminate,

dolphin mortality in that fishery.''

Subsec. (b)(2), (3). Pub. L. 105-42, Sec. 6(b)(2), added pars.

(2) and (3) and struck out former pars. (2) and (3) which read as

follows:

''(2) secure appropriate multilateral agreements to reduce, and

eventually eliminate, the mortality referred to in paragraph (1);

''(3) ensure that the market of the United States does not act as

an incentive to the harvest of tuna caught in association with

dolphins or with driftnets;''.

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

-CITE-

16 USC Sec. 1412 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1412. International Dolphin Conservation Program

-STATUTE-

The Secretary of State, in consultation with the Secretary, shall

seek to secure a binding international agreement to establish an

International Dolphin Conservation Program that requires -

(1) that the total annual dolphin mortality in the purse seine

fishery for yellowfin tuna in the eastern tropical Pacific Ocean

shall not exceed 5,000 animals with a commitment and objective to

progressively reduce dolphin mortality to a level approaching

zero through the setting of annual limits;

(2) the establishment of a per-stock per-year dolphin mortality

limit, to be in effect through calendar year 2000, at a level

between 0.2 percent and 0.1 percent of the minimum population

estimate, as calculated, revised, or approved by the Secretary;

(3) the establishment of a per-stock per-year dolphin mortality

limit, beginning with the calendar year 2001, at a level less

than or equal to 0.1 percent of the minimum population estimate

as calculated, revised, or approved by the Secretary;

(4) that if a dolphin mortality limit is exceeded under -

(A) paragraph (1), all sets on dolphins shall cease for the

applicable fishing year; and

(B) paragraph (2) or (3), all sets on the stocks covered

under paragraph (2) or (3) and any mixed schools that contain

any of those stocks shall cease for the applicable fishing

year;

(5) a scientific review and assessment to be conducted in

calendar year 1998 to -

(A) assess progress in meeting the objectives set for

calendar year 2000 under paragraph (2); and

(B) as appropriate, consider recommendations for meeting

these objectives;

(6) a scientific review and assessment to be conducted in

calendar year 2000 -

(A) to review the stocks covered under paragraph (3); and

(B) as appropriate to consider recommendations to further the

objectives set under that paragraph;

(7) the establishment of a per vessel maximum annual dolphin

mortality limit consistent with the established per-year

mortality limits, as determined under paragraphs (1) through (3);

and

(8) the provision of a system of incentives to vessel captains

to continue to reduce dolphin mortality, with the goal of

eliminating dolphin mortality.

-SOURCE-

(Pub. L. 92-522, title III, Sec. 302, as added Pub. L. 105-42, Sec.

6(c), Aug. 15, 1997, 111 Stat. 1130.)

-MISC1-

PRIOR PROVISIONS

A prior section 1412, Pub. L. 92-522, title III, Sec. 302, as

added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3426,

related to international agreements to establish global moratorium

to prohibit certain tuna harvesting practices prior to repeal by

Pub. L. 105-42, Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.

A prior section 302 of Pub. L. 92-522 was renumbered section 402

and is classified to section 1421a of this title.

EFFECTIVE DATE

For effective date of section, see section 8 of Pub. L. 105-42,

set out as an Effective Date of 1997 Amendment note under section

1362 of this title.

-CITE-

16 USC Sec. 1413 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1413. Regulatory authority of Secretary

-STATUTE-

(a) Regulations

(1) The Secretary shall issue regulations, and revise those

regulations as may be appropriate, to implement the International

Dolphin Conservation Program.

(2)(A) The Secretary shall issue regulations to authorize and

govern the taking of marine mammals in the eastern tropical Pacific

Ocean, including any species of marine mammal designated as

depleted under this chapter but not listed as endangered or

threatened under the Endangered Species Act (16 U.S.C. 1531 et

seq.), by vessels of the United States participating in the

International Dolphin Conservation Program.

(B) Regulations issued under this section shall include

provisions -

(i) requiring observers on each vessel;

(ii) requiring use of the backdown procedure or other

procedures equally or more effective in avoiding mortality of, or

serious injury to, marine mammals in fishing operations;

(iii) prohibiting intentional sets on stocks and schools in

accordance with the International Dolphin Conservation Program;

(iv) requiring the use of special equipment, including dolphin

safety panels in nets, monitoring devices as identified by the

International Dolphin Conservation Program to detect unsafe

fishing conditions that may cause high incidental dolphin

mortality before nets are deployed by a tuna vessel, operable

rafts, speedboats with towing bridles, floodlights in operable

condition, and diving masks and snorkels;

(v) ensuring that the backdown procedure during sets of purse

seine net on marine mammals is completed and rolling of the net

to sack up has begun no later than 30 minutes before sundown;

(vi) banning the use of explosive devices in all purse seine

operations;

(vii) establishing per vessel maximum annual dolphin mortality

limits, total dolphin mortality limits and per-stock per-year

mortality limits in accordance with the International Dolphin

Conservation Program;

(viii) preventing the making of intentional sets on dolphins

after reaching either the vessel maximum annual dolphin mortality

limits, total dolphin mortality limits, or per-stock per-year

mortality limits;

(ix) preventing the fishing on dolphins by a vessel without an

assigned vessel dolphin mortality limit;

(x) allowing for the authorization and conduct of experimental

fishing operations, under such terms and conditions as the

Secretary may prescribe, for the purpose of testing proposed

improvements in fishing techniques and equipment that may reduce

or eliminate dolphin mortality or serious injury do not require

the encirclement of dolphins in the course of commercial

yellowfin tuna fishing;

(xi) authorizing fishing within the area covered by the

International Dolphin Conservation Program by vessels of the

United States without the use of special equipment or nets if the

vessel takes an observer and does not intentionally deploy nets

on, or encircle, dolphins, under such terms and conditions as the

Secretary may prescribe; and

(xii) containing such other restrictions and requirements as

the Secretary determines are necessary to implement the

International Dolphin Conservation Program with respect to

vessels of the United States.

(C) Adjustments to requirements. - The Secretary may make such

adjustments as may be appropriate to requirements of subparagraph

(B) that pertain to fishing gear, vessel equipment, and fishing

practices to the extent the adjustments are consistent with the

International Dolphin Conservation Program.

(b) Consultation

In developing any regulation under this section, the Secretary

shall consult with the Secretary of State, the Marine Mammal

Commission, and the United States Commissioners to the

Inter-American Tropical Tuna Commission appointed under section 952

of this title.

(c) Emergency regulations

(1) If the Secretary determines, on the basis of the best

scientific information available (including research conducted

under section 1414a of this title and information obtained under

the International Dolphin Conservation Program) that the incidental

mortality and serious injury of marine mammals authorized under

this subchapter is having, or is likely to have, a significant

adverse impact on a marine mammal stock or species, the Secretary

shall -

(A) notify the Inter-American Tropical Tuna Commission of his

or her determination, along with recommendations to the

Commission as to actions necessary to reduce incidental mortality

and serious injury and mitigate such adverse impact; and

(B) prescribe emergency regulations to reduce incidental

mortality and serious injury and mitigate such adverse impact.

(2) Before taking action under subparagraph (A) or (B) of

paragraph (1), the Secretary shall consult with the Secretary of

State, the Marine Mammal Commission, and the United States

Commissioners to the Inter-American Tropical Tuna Commission.

(3) Emergency regulations prescribed under this subsection -

(A) shall be published in the Federal Register, together with

an explanation thereof;

(B) shall remain in effect for the duration of the applicable

fishing year; and

(C) may be terminated by the Secretary at an earlier date by

publication in the Federal Register of a notice of termination if

the Secretary determines that the reasons for the emergency

action no longer exist.

(4) If the Secretary finds that the incidental mortality and

serious injury of marine mammals in the yellowfin tuna fishery in

the eastern tropical Pacific Ocean is continuing to have a

significant adverse impact on a stock or species, the Secretary may

extend the emergency regulations for such additional periods as may

be necessary.

(5) Within 120 days after the Secretary notifies the United

States Commissioners to the Inter-American Tropical Tuna Commission

of the Secretary's determination under paragraph (1)(A), the United

States Commissioners shall call for a special meeting of the

Commission to address the actions necessary to reduce incidental

mortality and serious injury and mitigate the adverse impact which

resulted in the determination. The Commissioners shall report the

results of the special meeting in writing to the Secretary and to

the Secretary of State. In their report, the Commissioners shall -

(A) include a description of the actions taken by the

harvesting nations or under the International Dolphin

Conservation Program to reduce the incidental mortality and

serious injury and measures to mitigate the adverse impact on the

marine mammal species or stock;

(B) indicate whether, in their judgment, the actions taken

address the problem adequately; and

(C) if they indicate that the actions taken do not address the

problem adequately, include recommendations of such additional

action to be taken as may be necessary.

-SOURCE-

(Pub. L. 92-522, title III, Sec. 303, as added Pub. L. 105-42, Sec.

6(c), Aug. 15, 1997, 111 Stat. 1131.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act, referred to in subsec. (a)(2)(A),

probably means the Endangered Species Act of 1973, Pub. L. 93-205,

Dec. 28, 1973, 87 Stat. 884, as amended, which is classified

generally to chapter 35 (Sec. 1531 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1531 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 1413, Pub. L. 92-522, title III, Sec. 303, as

added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3426,

related to research programs prior to repeal by Pub. L. 105-42,

Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.

A prior section 303 of Pub. L. 92-522 was renumbered section 403

and is classified to section 1421b of this title.

EFFECTIVE DATE

For effective date of section, see section 8 of Pub. L. 105-42,

set out as an Effective Date of 1997 Amendment note under section

1362 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1374, 1416 of this title.

-CITE-

16 USC Sec. 1414 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1414. Repealed. Pub. L. 105-42, Sec. 6(c), Aug. 15, 1997, 111

Stat. 1130

-MISC1-

Section, Pub. L. 92-522, title III, Sec. 304, as added Pub. L.

102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3428, related to

reviews, reports, and recommendations by Secretary of Commerce.

A prior section 304 of Pub. L. 92-522 was renumbered section 404

and is classified to section 1421c of this title.

EFFECTIVE DATE OF REPEAL

For effective date of repeal, see section 8 of Pub. L. 105-42,

set out as an Effective Date of 1997 Amendment note under section

1362 of this title.

-CITE-

16 USC Sec. 1414a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1414a. Research

-STATUTE-

(a) Required research

(1) In general

The Secretary shall, in consultation with the Marine Mammal

Commission and the Inter-American Tropical Tuna Commission,

conduct a study of the effect of intentional encirclement

(including chase) on dolphins and dolphin stocks incidentally

taken in the course of purse seine fishing for yellowfin tuna in

the eastern tropical Pacific Ocean. The study, which shall

commence on October 1, 1997, shall consist of abundance surveys

as described in paragraph (2) and stress studies as described in

paragraph (3), and shall address the question of whether such

encirclement is having a significant adverse impact on any

depleted dolphin stock in the eastern tropical Pacific Ocean.

(2) Population abundance surveys

The abundance surveys under this subsection shall survey the

abundance of such depleted stocks and shall be conducted during

each of the calendar years 1998, 1999, and 2000.

(3) Stress studies

The stress studies under this subsection shall include -

(A) a review of relevant stress-related research and a 3-year

series of necropsy samples from dolphins obtained by commercial

vessels;

(B) a 1-year review of relevant historical demographic and

biological data related to dolphins and dolphin stocks referred

to in paragraph (1); and

(C) an experiment involving the repeated chasing and

capturing of dolphins by means of intentional encirclement.

(4) Report

No later than 90 days after publishing the finding under

subsection (g)(2) of section 1385 of this title, the Secretary

shall complete and submit a report containing the results of the

research described in this subsection to the United States Senate

Committee on Commerce, Science, and Transportation and the United

States House of Representatives Committees on Resources and on

Commerce, and to the Inter-American Tropical Tuna Commission.

(b) Other research

(1) In general

In addition to conducting the research described in subsection

(a) of this section, the Secretary shall, in consultation with

the Marine Mammal Commission and in cooperation with the nations

participating in the International Dolphin Conservation Program

and the Inter-American Tropical Tuna Commission, undertake or

support appropriate scientific research to further the goals of

the International Dolphin Conservation Program.

(2) Specific areas of research

Research carried out under paragraph (1) may include -

(A) projects to devise cost-effective fishing methods and

gear so as to reduce, with the goal of eliminating, the

incidental mortality and serious injury of marine mammals in

connection with commercial purse seine fishing in the eastern

tropical Pacific Ocean;

(B) projects to develop cost-effective methods of fishing for

mature yellowfin tuna without setting nets on dolphins or other

marine mammals;

(C) projects to carry out stock assessments for those marine

mammal species and marine mammal stocks taken in the purse

seine fishery for yellowfin tuna in the eastern tropical

Pacific Ocean, including species or stocks not within waters

under the jurisdiction of the United States; and

(D) projects to determine the extent to which the incidental

take of nontarget species, including juvenile tuna, occurs in

the course of purse seine fishing for yellowfin tuna in the

eastern tropical Pacific Ocean, the geographic location of the

incidental take, and the impact of that incidental take on tuna

stocks and nontarget species.

(c) Authorization of appropriations

(1) There are authorized to be appropriated to the Secretary the

following amounts, to be used by the Secretary to carry out the

research described in subsection (a) of this section:

(A) $4,000,000 for fiscal year 1998.

(B) $3,000,000 for fiscal year 1999.

(C) $4,000,000 for fiscal year 2000.

(D) $1,000,000 for fiscal year 2001.

(2) In addition to the amount authorized to be appropriated under

paragraph (1), there are authorized to be appropriated to the

Secretary for carrying out this section $3,000,000 for each of the

fiscal years 1998, 1999, 2000, and 2001.

-SOURCE-

(Pub. L. 92-522, title III, Sec. 304, as added Pub. L. 105-42, Sec.

6(c), Aug. 15, 1997, 111 Stat. 1133.)

-MISC1-

PRIOR PROVISIONS

A prior section 304 of Pub. L. 92-522 was classified to section

1414 of this title prior to repeal by Pub. L. 105-42.

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1385, 1413, 1415 of this

title.

-CITE-

16 USC Sec. 1415 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1415. Reports by Secretary

-STATUTE-

Notwithstanding section 1373(f) of this title, the Secretary

shall submit annual reports to the Congress which include -

(1) results of research conducted pursuant to section 1414a of

this title;

(2) a description of the status and trends of stocks of tuna;

(3) a description of the efforts to assess, avoid, reduce, and

minimize the bycatch of juvenile yellowfin tuna and bycatch of

nontarget species;

(4) a description of the activities of the International

Dolphin Conservation Program and of the efforts of the United

States in support of the Program's goals and objectives,

including the protection of dolphin stocks in the eastern

tropical Pacific Ocean, and an assessment of the effectiveness of

the Program;

(5) actions taken by the Secretary under section 1371(a)(2)(B)

of this title and section 1371(d) of this title;

(6) copies of any relevant resolutions and decisions of the

Inter-American Tropical Tuna Commission, and any regulations

promulgated by the Secretary under this subchapter; and

(7) any other information deemed relevant by the Secretary.

-SOURCE-

(Pub. L. 92-522, title III, Sec. 305, as added Pub. L. 105-42, Sec.

6(c), Aug. 15, 1997, 111 Stat. 1134.)

-MISC1-

PRIOR PROVISIONS

A prior section 1415, Pub. L. 92-522, title III, Sec. 305, as

added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3428,

related to international commitments, prior to repeal by Pub. L.

105-42, Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.

A prior section 305 of Pub. L. 92-522 was renumbered section 405

and is classified to section 1421d of this title.

EFFECTIVE DATE

For effective date of section, see section 8 of Pub. L. 105-42,

set out as an Effective Date of 1997 Amendment note under section

1362 of this title.

-CITE-

16 USC Sec. 1416 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1416. Permits

-STATUTE-

(a) In general

(1) Consistent with the regulations issued pursuant to section

1413 of this title, the Secretary shall issue a permit to a vessel

of the United States authorizing participation in the International

Dolphin Conservation Program and may require a permit for the

person actually in charge of and controlling the fishing operation

of the vessel. The Secretary shall prescribe such procedures as

are necessary to carry out this subsection, including requiring the

submission of -

(A) the name and official number or other identification of

each fishing vessel for which a permit is sought, together with

the name and address of the owner thereof; and

(B) the tonnage, hold capacity, speed, processing equipment,

and type and quantity of gear, including an inventory of special

equipment required under section 1413 of this title, with respect

to each vessel.

(2) The Secretary is authorized to charge a fee for granting an

authorization and issuing a permit under this section. The level

of fees charged under this paragraph may not exceed the

administrative cost incurred in granting an authorization and

issuing a permit. Fees collected under this paragraph shall be

available to the Under Secretary of Commerce for Oceans and

Atmosphere for expenses incurred in granting authorizations and

issuing permits under this section.

(3) After the effective date of the International Dolphin

Conservation Program Act, no vessel of the United States shall

operate in the yellowfin tuna fishery in the eastern tropical

Pacific Ocean without a valid permit issued under this section.

(b) Permit sanctions

(1) In any case in which -

(A) a vessel for which a permit has been issued under this

section has been used in the commission of an act prohibited

under section 1417 of this title;

(B) the owner or operator of any such vessel or any other

person who has applied for or been issued a permit under this

section has acted in violation of section 1417 of this title; or

(C) any civil penalty or criminal fine imposed on a vessel,

owner or operator of a vessel, or other person who has applied

for or been issued a permit under this section has not been paid

or is overdue,

the Secretary may -

(i) revoke any permit with respect to such vessel, with or

without prejudice to the issuance of subsequent permits;

(ii) suspend such permit for a period of time considered by the

Secretary to be appropriate;

(iii) deny such permit; or

(iv) impose additional conditions or restrictions on any permit

issued to, or applied for by, any such vessel or person under

this section.

(2) In imposing a sanction under this subsection, the Secretary

shall take into account -

(A) the nature, circumstances, extent, and gravity of the

prohibited acts for which the sanction is imposed; and

(B) with respect to the violator, the degree of culpability,

any history of prior offenses, and other such matters as justice

requires.

(3) Transfer of ownership of a vessel, by sale or otherwise,

shall not extinguish any permit sanction that is in effect or is

pending at the time of transfer of ownership. Before executing the

transfer of ownership of a vessel, by sale or otherwise, the owner

shall disclose in writing to the prospective transferee the

existence of any permit sanction that will be in effect or pending

with respect to the vessel at the time of transfer.

(4) In the case of any permit that is suspended for the failure

to pay a civil penalty or criminal fine, the Secretary shall

reinstate the permit upon payment of the penalty or fine and

interest thereon at the prevailing rate.

(5) No sanctions shall be imposed under this section unless there

has been a prior opportunity for a hearing on the facts underlying

the violation for which the sanction is imposed, either in

conjunction with a civil penalty proceeding under this subchapter

or otherwise.

-SOURCE-

(Pub. L. 92-522, title III, Sec. 306, as added Pub. L. 105-42, Sec.

6(c), Aug. 15, 1997, 111 Stat. 1135.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of the International Dolphin Conservation

Program Act (Pub. L. 105-42), referred to in subsec. (a)(3), see

section 8 of Pub. L. 105-42, set out as an Effective Date of 1997

Amendment note under section 1362 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 1416, Pub. L. 92-522, title III, Sec. 306, as

added Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3430,

related to permits for taking dolphins, prior to repeal by Pub. L.

105-42, Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.

A prior section 306 of Pub. L. 92-522 was renumbered section 406

and is classified to section 1421e of this title.

EFFECTIVE DATE

For effective date of section, see section 8 of Pub. L. 105-42,

set out as an Effective Date of 1997 Amendment note under section

1362 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 973g, 1374 of this title.

-CITE-

16 USC Sec. 1417 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1417. Prohibitions

-STATUTE-

(a) In general

It is unlawful -

(1) for any person to sell, purchase, offer for sale,

transport, or ship, in the United States, any tuna or tuna

product unless the tuna or tuna product is either dolphin safe or

has been harvested in compliance with the International Dolphin

Conservation Program by a country that is a member of the

Inter-American Tropical Tuna Commission or has initiated and

within 6 months thereafter completed all steps required of

applicant nations in accordance with Article V, paragraph 3 of

the Convention establishing the Inter-American Tropical Tuna

Commission, to become a member of that organization;

(2) except as provided for in subsection 1371(d) of this title,

for any person or vessel subject to the jurisdiction of the

United States intentionally to set a purse seine net on or to

encircle any marine mammal in the course of tuna fishing

operations in the eastern tropical Pacific Ocean except in

accordance with this subchapter and regulations issued pursuant

to this subchapter; and

(3) for any person to import any yellowfin tuna or yellowfin

tuna product or any other fish or fish product in violation of a

ban on importation imposed under section 1371(a)(2) of this

title;

(4) for any person to violate any regulation promulgated under

this subchapter;

(5) for any person to refuse to permit any duly authorized

officer to board a vessel subject to that person's control for

purposes of conducting any search or inspection in connection

with the enforcement of this subchapter; and

(6) for any person to assault, resist, oppose, impede,

intimidate, or interfere with any such authorized officer in the

conduct of any search or inspection described in paragraph (5).

(b) Penalties

(1) Civil penalty

A person that knowingly and willfully violates subsection

(a)(1), (2), (3), (4), or (5) of this section shall be subject to

a civil penalty under section 1375(a) of this title.

(2) Criminal penalty

A person that knowingly and willfully violates subsection

(a)(5) or (a)(6) of this section shall be subject to a criminal

penalty under section 1375(b) of this title.

(c) Civil forfeitures

Any vessel (including its fishing gear, appurtenances, stores,

and cargo) used, and any fish (or its fair market value) taken or

retained, in any manner, in connection with or as a result of the

commission of any act prohibited by this section shall be subject

to forfeiture to the United States in the manner provided in

section 1860 of this title.

-SOURCE-

(Pub. L. 92-522, title III, Sec. 307, as added Pub. L. 102-523,

Sec. 2(a), Oct. 26, 1992, 106 Stat. 3431; amended Pub. L. 104-208,

div. A, title I, Sec. 101(a) (title II, Sec. 211(b)), Sept. 30,

1996, 110 Stat. 3009, 3009-41; Pub. L. 105-42, Sec. 6(d), Aug. 15,

1997, 111 Stat. 1136.)

-COD-

CODIFICATION

Another section 307 of Pub. L. 92-522 was renumbered section 407

and is classified to section 1421f of this title.

-MISC3-

AMENDMENTS

1997 - Subsec. (a)(1) to (3). Pub. L. 105-42, Sec. 6(d)(1), added

pars. (1) to (3) and struck out former pars. (1) to (3) which read

as follows:

''(1) for any person, after June 1, 1994, to sell, purchase,

offer for sale, transport, or ship, in the United States, any tuna

or tuna product that is not dolphin safe;

''(2) for any person or vessel that is subject to the

jurisdiction of the United States, intentionally to set a purse

seine net on or to encircle any marine mammal during any tuna

fishing operation after February 28, 1994, except -

''(A) as necessary for scientific research approved by the

Inter-American Tropical Tuna Commission;

''(B) in accordance with a recommendation that is approved

under section 1412(c)(2) of this title; or

''(C) as authorized by the general permit issued to the

American Tunaboat Association on December 1, 1980 (including any

additional restrictions applicable under section 1416(a) of this

title), notwithstanding any agreement under section 1412 of this

title with a country that is not a major purse seine tuna fishing

country (as that term is defined in section 1416(c) of this

title);

''(3) for any person to import any yellowfin tuna or yellowfin

tuna product or any other fish or fish product in violation of a

ban on importation imposed under section 1415(b)(1) or (2) of this

title;''.

Subsec. (b)(2). Pub. L. 105-42, Sec. 6(d)(2), inserted ''(a)(5)

or'' before ''(a)(6)''.

Subsec. (d). Pub. L. 105-42, Sec. 6(d)(3), struck out heading and

text of subsec. (d). Text read as follows: ''For purposes of this

section, tuna or a tuna product is dolphin safe if -

''(1) it does not contain tuna that was harvested on the high

seas by a vessel engaged in driftnet fishing, as that term is

defined in section 4003 of the Driftnet Impact, Monitoring,

Assessment, and Control Act of 1987;

''(2) in the case of tuna or a tuna product that contains tuna

harvested in the eastern tropical Pacific Ocean, it is dolphin

safe under subsection (d)(2) of section 1385 of this title;

''(3) in the case of tuna or a tuna product that contains tuna

harvested outside the eastern tropical Pacific Ocean by a purse

seine vessel, it is accompanied by a written statement executed

by the captain of the vessel certifying that no purse seine net

was intentionally deployed on or to encircle dolphins during the

particular voyage on which the tuna was harvested; and

''(4) in the case of tuna or a product that contains tuna

harvested outside the eastern tropical Pacific Ocean by a purse

seine vessel in a fishery in which the Secretary has determined

that a regular and significant association occurs between marine

mammals and tuna, and in which tuna is harvested through the use

of purse seine nets deployed on or to encircle marine mammals, it

is accompanied by a written statement executed by the captain of

the vessel and by an observer, certifying that no purse seine net

was intentionally deployed on or to encircle marine mammals

during the particular voyage on which the tuna was harvested.''

1996 - Subsec. (c). Pub. L. 104-208 made technical amendment to

reference in original act which appears in text as reference to

section 1860 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

For effective date of amendment by Pub. L. 105-42, see section 8

of Pub. L. 105-42, set out as a note under section 1362 of this

title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1416 of this title.

-CITE-

16 USC Sec. 1418 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

-HEAD-

Sec. 1418. Repealed. Pub. L. 105-42, Sec. 6(e), Aug. 15, 1997, 111

Stat. 1137

-MISC1-

Section, Pub. L. 92-522, title III, Sec. 308, as added Pub. L.

102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3432, related to

authorization of appropriations.

Another section 308 of Pub. L. 92-522 was renumbered section 409,

and is classified to section 1421g of this title.

EFFECTIVE DATE OF REPEAL

For effective date of repeal, see section 8 of Pub. L. 105-42,

set out as an Effective Date of 1997 Amendment note under section

1362 of this title.

-CITE-

16 USC SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING

RESPONSE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

.

-HEAD-

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1362, 1372, 1379,

1382, 1384 of this title.

-CITE-

16 USC Sec. 1421 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421. Establishment of Program

-STATUTE-

(a) Establishment

The Secretary shall, in consultation with the Secretary of the

Interior, the Marine Mammal Commission, and individuals with

knowledge and experience in marine science, marine mammal science,

marine mammal veterinary and husbandry practices, and marine

conservation, including stranding network participants, establish a

program to be known as the ''Marine Mammal Health and Stranding

Response Program''.

(b) Purposes

The purposes of the Program shall be to -

(1) facilitate the collection and dissemination of reference

data on the health of marine mammals and health trends of marine

mammal populations in the wild;

(2) correlate the health of marine mammals and marine mammal

populations, in the wild, with available data on physical,

chemical, and biological environmental parameters; and

(3) coordinate effective responses to unusual mortality events

by establishing a process in the Department of Commerce in

accordance with section 1421c of this title.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 401, formerly title III, Sec. 301,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5060; renumbered title IV, Sec. 401, and amended Pub. L.

103-238, Sec. 24(b), (c)(1), Apr. 30, 1994, 108 Stat. 565, 566.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(3). Pub. L. 103-238, Sec. 24(c)(1), made

technical amendment to reference to section 1421c of this title to

reflect renumbering of corresponding section of original act.

FINDINGS

Section 3002 of Pub. L. 102-587 provided that: ''The Congress

finds the following:

''(1) Current stranding network participants have performed an

undeniably valuable and ceaseless job of responding to marine

mammal strandings over the last 15 years.

''(2) Insufficient understanding of the connection between

marine mammal health and the physical, chemical, and biological

parameters of their environment prevents an adequate

understanding of the causes of marine mammal unusual mortality

events.

''(3) An accurate assessment of marine mammal health, health

trends in marine mammal populations in the wild, and causes of

marine mammal unusual mortality events cannot be made without

adequate reference data on marine mammals and the environment in

which they live.

''(4) A systematic assessment of the sources, presence, levels,

and effects of potentially harmful contaminants on marine mammals

would provide a better understanding of some of the causes of

marine mammal unusual mortality events and may serve as an

indicator of the general health of our coastal and marine

environments.

''(5) Responses to marine mammal unusual mortality events are

often uncoordinated, due to the lack of sufficient contingency

planning.

''(6) Standardized methods for the reporting of dying, dead, or

otherwise incapacitated marine mammals in the wild would greatly

assist in the determination of the causes of marine mammal

unusual mortality events and enhance general knowledge of marine

mammal species.

''(7) A formal system for collection, preparation, and

archiving of, and providing access to, marine mammal tissues will

enhance efforts to investigate the health of marine mammals and

health trends of marine mammal populations, and to develop

reference data.

''(8) Information on marine mammals, including results of

analyses of marine mammal tissues, should be broadly available to

the scientific community, including stranding network

participants, through a marine mammal data base.''

-CITE-

16 USC Sec. 1421a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421a. Determination; data collection and dissemination

-STATUTE-

(a) Determination for release

The Secretary shall, in consultation with the Secretary of the

Interior, the Marine Mammal Commission, and individuals with

knowledge and experience in marine science, marine mammal science,

marine mammal veterinary and husbandry practices, and marine

conservation, including stranding network participants, develop

objective criteria, after an opportunity for public review and

comment, to provide guidance for determining at what point a

rehabilitated marine mammal is releasable to the wild.

(b) Collection

The Secretary shall, in consultation with the Secretary of the

Interior, collect and update, periodically, existing information on

-

(1) procedures and practices for -

(A) rescuing and rehabilitating stranded marine mammals,

including criteria used by stranding network participants, on a

species-by-species basis, for determining at what point a

marine mammal undergoing rescue and rehabilitation is

returnable to the wild; and

(B) collecting, preserving, labeling, and transporting marine

mammal tissues for physical, chemical, and biological analyses;

(2) appropriate scientific literature on marine mammal health,

disease, and rehabilitation;

(3) strandings, which the Secretary shall compile and analyze,

by region, to monitor species, numbers, conditions, and causes of

illnesses and deaths of stranded marine mammals; and

(4) other life history and reference level data, including

marine mammal tissue analyses, that would allow comparison of the

causes of illness and deaths in stranded marine mammals with

physical, chemical, and biological environmental parameters.

(c) Availability

The Secretary shall make information collected under this section

available to stranding network participants and other qualified

scientists.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 402, formerly title III, Sec. 302,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5061; renumbered title IV, Sec. 402, Pub. L. 103-238,

Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)

-MISC1-

IMPLEMENTATION

Section 3003(b) of Pub. L. 102-587 provided that: ''The Secretary

of Commerce shall -

''(1) in accordance with section 302(a) and (b) (now 402(a),

(b)) of the Marine Mammal Protection Act of 1972 (16 U.S.C.

1421a(a), (b)), as amended by this Act, and not later than 24

months after the date of enactment of this Act (Nov. 4, 1992) -

''(A) develop and implement objective criteria to determine

at what point a marine mammal undergoing rehabilitation is

returnable to the wild; and

''(B) collect and make available information on marine mammal

health and health trends; and

''(2) in accordance with section 304(b) (now 404(b)) of the

Marine Mammal Protection Act of 1972 (16 U.S.C. 1421c(b)), as

amended by this Act, issue a detailed contingency plan for

responding to any unusual mortality event -

''(A) in proposed form by not later than 18 months after the

date of enactment of this Act; and

''(B) in final form by not later than 24 months after the

date of enactment of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1374 of this title.

-CITE-

16 USC Sec. 1421b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421b. Stranding response agreements

-STATUTE-

(a) In general

The Secretary may enter into an agreement under section 1382(c)

of this title with any person to take marine mammals under section

1379(h)(1) of this title in response to a stranding.

(b) Required provision

An agreement authorized by subsection (a) of this section shall -

(1) specify each person who is authorized to perform activities

under the agreement; and

(2) specify any terms and conditions under which a person so

specified may delegate that authority to another person.

(c) Review

The Secretary shall periodically review agreements under section

1382(c) of this title that are entered into pursuant to this

subchapter, for performance adequacy and effectiveness.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 403, formerly title III, Sec. 303,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5061; renumbered title IV, Sec. 403, Pub. L. 103-238,

Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)

-CITE-

16 USC Sec. 1421c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421c. Unusual mortality event response

-STATUTE-

(a) Response

(1) Working group

(A) The Secretary, acting through the Office, shall establish,

in consultation with the Secretary of the Interior, a marine

mammal unusual mortality event working group, consisting of

individuals with knowledge and experience in marine science,

marine mammal science, marine mammal veterinary and husbandry

practices, marine conservation, and medical science, to provide

guidance to the Secretary and the Secretary of the Interior for -

(i) determining whether an unusual mortality event is

occurring;

(ii) determining, after an unusual mortality event has begun,

if response actions with respect to that event are no longer

necessary; and

(iii) developing the contingency plan in accordance with

subsection (b) of this section, to assist the Secretary in

responding to unusual mortality events.

(B) The Federal Advisory Committee Act (5 App. U.S.C.) shall

not apply to the marine mammal unusual mortality event working

group established under this paragraph.

(2) Response timing

The Secretary, in consultation with the Secretary of the

Interior, shall to the extent necessary and practicable -

(A) within 24 hours after receiving notification from a

stranding network participant that an unusual mortality event

might be occurring, contact as many members as is possible of

the unusual mortality event working group for guidance; and

(B) within 48 hours after receiving such notification -

(i) make a determination as to whether an unusual mortality

event is occurring;

(ii) inform the stranding network participant of that

determination; and

(iii) if the Secretary has determined an unusual mortality

event is occurring, designate an Onsite Coordinator for the

event, in accordance with subsection (c) of this section.

(b) Contingency plan

(1) In general

The Secretary shall, in consultation with the Secretary of the

Interior and the unusual mortality event working group, and after

an opportunity for public review and comment, issue a detailed

contingency plan for responding to any unusual mortality event.

(2) Contents

The contingency plan required under this subsection shall

include -

(A) a list of persons, including stranding network

participants, at a regional, State, and local level, who can

assist the Secretary in implementing a coordinated and

effective response to an unusual mortality event;

(B) the types of marine mammal tissues and analyses necessary

to assist in diagnosing causes of unusual mortality events;

(C) training, mobilization, and utilization procedures for

available personnel, facilities, and other resources necessary

to conduct a rapid and effective response to unusual mortality

events; and

(D) such requirements as are necessary to -

(i) minimize death of marine mammals in the wild and

provide appropriate care of marine mammals during an unusual

mortality event;

(ii) assist in identifying the cause or causes of an

unusual mortality event;

(iii) determine the effects of an unusual mortality event

on the size estimates of the affected populations of marine

mammals; and

(iv) identify any roles played in an unusual mortality

event by physical, chemical, and biological factors,

including contaminants.

(c) Onsite coordinators

(1) Designation

(A) The Secretary shall, in consultation with the Secretary of

the Interior, designate one or more Onsite Coordinators for an

unusual mortality event, who shall make immediate recommendations

to the stranding network participants on how to proceed with

response activities.

(B) An Onsite Coordinator so designated shall be one or more

appropriate Regional Directors of the National Marine Fisheries

Service or the United States Fish and Wildlife Service, or their

designees.

(C) If, because of the wide geographic distribution, multiple

species of marine mammals involved, or magnitude of an unusual

mortality event, more than one Onsite Coordinator is designated,

the Secretary shall, in consultation with the Secretary of the

Interior, designate which of the Onsite Coordinators shall have

primary responsibility with respect to the event.

(2) Functions

(A) An Onsite Coordinator designated under this subsection

shall coordinate and direct the activities of all persons

responding to an unusual mortality event in accordance with the

contingency plan issued under subsection (b) of this section,

except that -

(i) with respect to any matter that is not covered by the

contingency plan, an Onsite Coordinator shall use his or her

best professional judgment; and

(ii) the contingency plan may be temporarily modified by an

Onsite Coordinator, consulting as expeditiously as possible

with the Secretary, the Secretary of the Interior, and the

unusual mortality event working group.

(B) An Onsite Coordinator may delegate to any qualified person

authority to act as an Onsite Coordinator under this subchapter.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 404, formerly title III, Sec. 304,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5062; renumbered title IV, Sec. 404, Pub. L. 103-238,

Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(a)(1)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1421, 1421d, 1421e of

this title.

-CITE-

16 USC Sec. 1421d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421d. Unusual mortality event activity funding

-STATUTE-

(a) Establishment of Fund

There is established in the Treasury an interest bearing fund to

be known as the ''Marine Mammal Unusual Mortality Event Fund'',

which shall consist of amounts deposited into the Fund under

subsection (c) of this section.

(b) Uses

(1) In general

Amounts in the Fund -

(A) shall be available only for use by the Secretary, in

consultation with the Secretary of the Interior -

(i) to compensate persons for special costs incurred in

acting in accordance with the contingency plan issued under

section 1421c(b) of this title or under the direction of an

Onsite Coordinator for an unusual mortality event;

(ii) for reimbursing any stranding network participant for

costs incurred in preparing and transporting tissues

collected with respect to an unusual mortality event for the

Tissue Bank; and

(iii) for care and maintenance of marine mammal seized

under section 1374(c)(2)(D) of this title; and

(B) shall remain available until expended.

(2) Pending claims

If sufficient amounts are not available in the Fund to satisfy

any authorized pending claim, such claim shall remain pending

until such time as sufficient amounts are available. All

authorized pending claims shall be satisfied in the order

received.

(c) Deposits into Fund

There shall be deposited into the Fund -

(1) amounts appropriated to the Fund;

(2) other amounts appropriated to the Secretary for use with

respect to unusual mortality events; and

(3) amounts received by the United States in the form of gifts,

devises, and bequests under subsection (d) of this section.

(d) Acceptance of donations

For purposes of carrying out this subchapter and section

1374(c)(2)(D) of this title, the Secretary may accept, solicit, and

use the services of volunteers, and may accept, solicit, receive,

hold, administer, and use gifts, devises, and bequests.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 405, formerly title III, Sec. 305,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5064; renumbered title IV, Sec. 405, and amended Pub. L.

103-238, Sec. 6, 16(b), 24(b), (c)(2), Apr. 30, 1994, 108 Stat.

542, 559, 565, 566.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-238, Sec. 16(b), substituted ''an

interest bearing fund'' for ''a fund''.

Subsec. (b)(1)(A)(i). Pub. L. 103-238, Sec. 24(c)(2), made

technical amendment to reference to section 1421c(b) of this title

to reflect renumbering of corresponding section of original act.

Subsec. (b)(1)(A)(iii). Pub. L. 103-238, Sec. 6(1), added cl.

(iii).

Subsec. (d). Pub. L. 103-238, Sec. 6(2), inserted ''and section

1374(c)(2)(D) of this title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1421g, 1421h of this

title.

-CITE-

16 USC Sec. 1421e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421e. Liability

-STATUTE-

(a) In general

A person who is authorized to respond to a stranding pursuant to

an agreement entered into under section 1382(c) of this title is

deemed to be an employee of the government for purposes of chapter

171 of title 28, with respect to actions of the person that are -

(1) in accordance with the agreement; and

(2) in the case of an unusual mortality event, in accordance

with -

(A) the contingency plan issued under section 1421c(b) of

this title;

(B) the instructions of an Onsite Coordinator designated

under section 1421c(c) of this title; or

(C) the best professional judgment of an Onsite Coordinator,

in the case of any matter that is not covered by the

contingency plan.

(b) Limitation

Subsection (a) of this section does not apply to actions of a

person described in that subsection that are grossly negligent or

that constitute willful misconduct.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 406, formerly title III, Sec. 306,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5064; renumbered title IV, Sec. 406, and amended Pub. L.

103-238, Sec. 24(b), (c)(3), (4), Apr. 30, 1994, 108 Stat. 565,

566.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(2)(A), (B). Pub. L. 103-238, Sec. 24(c)(3),

(4), made technical amendment to references to section 1421c of

this title to reflect renumbering of corresponding section of

original act.

-CITE-

16 USC Sec. 1421f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421f. National Marine Mammal Tissue Bank and tissue analysis

-STATUTE-

(a) Tissue Bank

(1) In general

The Secretary shall make provision for the storage,

preparation, examination, and archiving of marine mammal

tissues. Tissues archived pursuant to this subsection shall be

known as the ''National Marine Mammal Tissue Bank''.

(2) Guidance for marine mammal tissue collection, preparation,

and archiving

The Secretary shall, in consultation with individuals with

knowledge and expertise in marine science, marine mammal science,

marine mammal veterinary and husbandry practices, and marine

conservation, issue guidance, after an opportunity for public

review and comment, for marine mammal tissue collection,

preparation, archiving, and quality control procedures, regarding

-

(A) appropriate and uniform methods and standards for those

activities to provide confidence in marine mammal tissue

samples used for research; and

(B) documentation of procedures used for collecting,

preparing, and archiving those samples.

(3) Source of tissue

In addition to tissues taken during marine mammal unusual

mortality events, the Tissue Bank shall incorporate tissue

samples taken from other sources in the wild, including -

(A) samples from marine mammals taken incidental to

commercial fishing operations;

(B) samples from marine mammals taken for subsistence

purposes;

(C) biopsy samples; and

(D) any other samples properly collected.

(b) Tissue analysis

The Secretary shall, in consultation with the Marine Mammal

Commission, the Secretary of the Interior, and individuals with

knowledge and experience in marine science, marine mammal science,

marine mammal veterinary and husbandry practices, and marine

conservation, issue guidance, after an opportunity for public

review and comment, for analyzing tissue samples (by use of the

most effective and advanced diagnostic technologies and tools

practicable) as a means to monitor and measure overall health

trends in representative species or populations of marine mammals,

including -

(1) the levels of, and if possible, the effects of, potentially

harmful contaminants; and

(2) the frequency of, and if possible, the causes and effects

of abnormal lesions or anomalies.

(c) Data base

(1) In general

The Secretary shall maintain a central data base which provides

an effective means for tracking and accessing data on marine

mammals, including relevant data on marine mammal tissues

collected for and maintained in the Tissue Bank.

(2) Contents

The data base established under this subsection shall include -

(A) reference data on the health of marine mammals and

populations of marine mammals; and

(B) data on species of marine mammals that are subject to

unusual mortality events.

(d) Access

The Secretary shall, in consultation with the Secretary of the

Interior, establish criteria, after an opportunity for public

review and comment, for access to -

(1) marine mammal tissues in the Tissue Bank;

(2) analyses conducted pursuant to subsection (b) of this

section; and

(3) marine mammal data in the data base maintained under

subsection (c) of this section;

which provide for appropriate uses of the tissues, analyses, and

data by qualified scientists, including stranding network

participants.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 407, formerly title III, Sec. 307,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5065; renumbered title IV, Sec. 407, Pub. L. 103-238,

Sec. 24(b), Apr. 30, 1994, 108 Stat. 565.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1421g, 1421h of this

title.

-CITE-

16 USC Sec. 1421f-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421f-1. John H. Prescott Marine Mammal Rescue Assistance

Grant Program

-STATUTE-

(a) In general

(1) Subject to the availability of appropriations, the Secretary

shall conduct a grant program to be known as the John H. Prescott

Marine Mammal Rescue Assistance Grant Program, to provide grants to

eligible stranding network participants for the recovery or

treatment of marine mammals, the collection of data from living or

dead stranded marine mammals for scientific research regarding

marine mammal health, and facility operation costs that are

directly related to those purposes.

(2)(A) The Secretary shall ensure that, to the greatest extent

practicable, funds provided as grants under this subsection are

distributed equitably among the stranding regions designated as of

December 21, 2000, and in making such grants shall give preference

to those facilities that have established records for rescuing or

rehabilitating sick and stranded marine mammals in each of the

respective regions, or subregions.

(B) In determining priorities among such regions, the Secretary

may consider -

(i) any episodic stranding or any mortality event other than an

event described in section 1421h(6) of this title, that occurred

in any region in the preceding year;

(ii) data regarding average annual strandings and mortality

events per region; and

(iii) the size of the marine mammal populations inhabiting a

geographic area within such a region.

(b) Application

To receive a grant under this section, a stranding network

participant shall submit an application in such form and manner as

the Secretary may prescribe.

(c) Consultation

The Secretary shall consult with the Marine Mammal Commission, a

representative from each of the designated stranding regions, and

other individuals who represent public and private organizations

that are actively involved in rescue, rehabilitation, release,

scientific research, marine conservation, and forensic science

regarding stranded marine mammals, regarding the development of

criteria for the implementation of the grant program and the

awarding of grants under the program.

(d) Limitation

The amount of a grant under this section shall not exceed

$100,000.

(e) Matching requirement

(1) In general

The non-Federal share of the costs of an activity conducted

with a grant under this section shall be 25 percent of such

costs.

(2) In-kind contributions

The Secretary may apply to the non-Federal share of an activity

conducted with a grant under this section the amount of funds,

and the fair market value of property and services, provided by

non-Federal sources and used for the activity.

(f) Administrative expenses

Of amounts available each fiscal year to carry out this section,

the Secretary may expend not more than 6 percent or $80,000,

whichever is greater, to pay the administrative expenses necessary

to carry out this section.

(g) Definitions

In this section:

(1) Designated stranding region

The term ''designated stranding region'' means a geographic

region designated by the Secretary for purposes of administration

of this subchapter.

(2) Secretary

The term ''Secretary'' has the meaning given that term in

section 1362(12)(A) of this title.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$5,000,000 for each of fiscal years 2001 through 2003, to remain

available until expended, of which -

(1) $4,000,000 may be available to the Secretary of Commerce;

and

(2) $1,000,000 may be available to the Secretary of the

Interior.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 408, as added Pub. L. 106-555,

title II, Sec. 202(a)(2), Dec. 21, 2000, 114 Stat. 2767.)

-MISC1-

Prior Provisions

A prior section 408 of Pub. L. 92-522 was renumbered section 409,

and is classified to section 1421g of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1362 of this title.

-CITE-

16 USC Sec. 1421g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

-HEAD-

Sec. 1421g. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated -

(1) to the Secretary for carrying out this subchapter (other

than sections 1421d and 1421f of this title) $250,000 for each of

fiscal years 1993 and 1994;

(2) to the Secretary for carrying out section 1421f of this

title, $250,000 for each of fiscal years 1993 and 1994; and

(3) to the Fund, $500,000 for fiscal year 1993.

-SOURCE-

(Pub. L. 92-522, title IV, Sec. 409, formerly title III, Sec. 308,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5066; renumbered title IV, Sec. 408, and amended Pub. L.

103-238, Sec. 24(b), (c)(5), (6), Apr. 30, 1994, 108 Stat. 565,

566; renumbered Sec. 409, Pub. L. 106-555, title II, Sec.

202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)

-MISC1-

AMENDMENTS

1994 - Par. (1). Pub. L. 103-238, Sec. 24(c)(5), made technical

amendment to references to sections 1421d and 1421f of this title

to reflect renumbering of corresponding sections of original act.

Par. (2). Pub. L. 103-238, Sec. 24(c)(6), made technical

amendment to reference to section 1421f of this title to reflect

renumbering of corresponding section of original act.

-CITE-

16 USC Sec. 1421h 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 31 - MARINE MAMMAL PROTECTION

SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING RESPONSE

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Sec. 1421h. Definitions

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In this subchapter, the following definitions apply:

(1) The term ''Fund'' means the Marine Mammal Unusual Mortality

Event Fund established by section 1421d(a) of this title.

(2) The term ''Office'' means the Office of Protected

Resources, in the National Marine Fisheries Service.

(3) The term ''stranding'' means an event in the wild in which

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(A) a marine mammal is dead and is -

(i) on a beach or shore of the United States; or

(ii) in waters under the jurisdiction of the United States

(including any navigable waters); or

(B) a marine mammal is alive and is -

(i) on a beach or shore of the United States and unable to

return to the water;

(ii) on a beach or shore of the United States and, although

able to return to the water, is in need of apparent medical

attention; or

(iii) in the waters under the jurisdiction of the United

States (including any navigable waters), but is unable to

return to its natural habitat under its own power or without

assistance.

(4) The term ''stranding network participant'' means a person

who is authorized by an agreement under section 1382(c) of this

title to take marine mammals as described in section 1379(h)(1)

of this title in response to a stranding.

(5) The term ''Tissue Bank'' means the National Marine Tissue

Bank provided for under section 1421f(a) of this title.

(6) The term ''unusual mortality event'' means a stranding that

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(A) is unexpected;

(B) involves a significant die-off of any marine mammal

population; and

(C) demands immediate response.

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(Pub. L. 92-522, title IV, Sec. 410, formerly title III, Sec. 309,

as added Pub. L. 102-587, title III, Sec. 3003(a), Nov. 4, 1992,

106 Stat. 5066; renumbered title IV, Sec. 409, and amended Pub. L.

103-238, Sec. 24(b), (c)(7), (8), Apr. 30, 1994, 108 Stat. 565,

566; renumbered Sec. 410, Pub. L. 106-555, title II, Sec.

202(a)(1), Dec. 21, 2000, 114 Stat. 2767.)

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AMENDMENTS

1994 - Par. (1). Pub. L. 103-238, Sec. 24(c)(7), made technical

amendment to reference to section 1421d(a) of this title to reflect

renumbering of corresponding section of original act.

Par. (5). Pub. L. 103-238, Sec. 24(c)(8), made technical

amendment to reference to section 1421f(a) of this title to reflect

renumbering of corresponding section of original act.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1421f-1 of this title.

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