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16 USC CHAPTER 14A - WHALE CONSERVATION AND PROTECTION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14A - WHALE CONSERVATION AND PROTECTION

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CHAPTER 14A - WHALE CONSERVATION AND PROTECTION

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Sec.

917. Congressional findings.

917a. Study by Secretary of Commerce; report to Congress.

917b. Cooperation of other Federal agencies.

917c. Negotiations with Mexico and Canada.

917d. Authorization of appropriations.

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16 USC Sec. 917 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14A - WHALE CONSERVATION AND PROTECTION

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Sec. 917. Congressional findings

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The Congress finds that -

(1) whales are a unique resource of great aesthetic and

scientific interest to mankind and are a vital part of the marine

ecosystem;

(2) whales have been overexploited by man for many years,

severely reducing several species and endangering others;

(3) the United States has extended its authority and

responsibility to conserve and protect all marine mammals,

including whales, out to a two hundred nautical mile limit by

enactment of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.);

(4) the conservation and protection of certain species of

whales, including the California gray, bowhead, sperm, and killer

whale, are of particular interest to citizens of the United

States;

(5) increased ocean activity of all types may threaten the

whale stocks found within the two hundred-mile jurisdiction of

the United States and added protection of such stocks may be

necessary;

(6) there is inadequate knowledge of the ecology, habitat,

requirements, and population levels and dynamics of all whales

found in waters subject to the jurisdiction of the United States;

and

(7) further study of such matters is required in order for the

United States to carry out its responsibilities for the

conservation and protection of marine mammals.

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(Pub. L. 94-532, Sec. 2, Oct. 17, 1976, 90 Stat. 2491; Pub. L.

96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub.

L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

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REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in par. (3), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat.

331, as amended, which is classified principally to chapter 38

(Sec. 1801 et seq.) of this title. For complete classification of

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

1801 of this title and Tables.

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AMENDMENTS

1996 - Par. (3). Pub. L. 104-208 substituted ''Magnuson-Stevens

Fishery'' for ''Magnuson Fishery''.

1980 - Par. (3). Pub. L. 96-561 substituted ''Magnuson Fishery

Conservation and Management Act'' for ''Fishery Conservation and

Management Act of 1976''.

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 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

SHORT TITLE

Section 1 of Pub. L. 94-532 provided: ''That this Act (enacting

this chapter) may be cited as the 'Whale Conservation and

Protection Study Act'.''

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16 USC Sec. 917a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14A - WHALE CONSERVATION AND PROTECTION

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Sec. 917a. Study by Secretary of Commerce; report to Congress

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The Secretary of Commerce, in consultation with the Marine Mammal

Commission and the coastal States, shall undertake comprehensive

studies of all whales found in waters subject to the jurisdiction

of the United States, including the fishery conservation zone as

defined in section 1802(8) (FOOTNOTE 1) of this title. Such

studies shall take into consideration all relevant factors

regarding (1) the conservation and protection of all such whales,

(2) the distribution, migration patterns, and population dynamics

of these mammals, and (3) the effects on all such whales of habitat

destruction, disease, pesticides, and other chemicals, disruption

of migration patterns, and food shortages for the purpose of

developing adequate and effective measures, including appropriate

laws and regulations, to conserve and protect such mammals. The

Secretary of Commerce shall report on such studies, together with

such recommendations as he deems appropriate, including suggested

legislation, to the Congress no later than January 1, 1980.

(FOOTNOTE 1) See References in Text note below.

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(Pub. L. 94-532, Sec. 3, Oct. 17, 1976, 90 Stat. 2491.)

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REFERENCES IN TEXT

Section 1802(8) of this title, referred to in text, which defined

''fishery conservation zone'', was repealed and section 1802(6) of

this title, defining ''exclusive economic zone'', was added by Pub.

L. 99-659, title I, Sec. 101(a), Nov. 14, 1986, 100 Stat. 3706.

Section 1802 was subsequently amended and the term ''exclusive

economic zone'' is defined elsewhere in that section.

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STUDY OF EASTERN GRAY WHALE POPULATION

Pub. L. 106-562, title IV, Sec. 401, Dec. 23, 2000, 114 Stat.

2807, provided that:

''(a) Study. - Not later than 180 days after the date of the

enactment of this Act (Dec. 23, 2000) and subject to the

availability of appropriations, the Secretary of Commerce shall

initiate a study of the environmental and biological factors

responsible for the significant increase in mortality events of the

eastern gray whale population, and the other potential impacts

these factors may be having on the eastern gray whale population.

''(b) Consideration of Western Population Information. - The

Secretary should ensure that, to the greatest extent practicable,

information from current and future studies of the western gray

whale population is considered in the study under this section, so

as to better understand the dynamics of each population and to test

different hypotheses that may lead to an increased understanding of

the mechanism driving their respective population dynamics.

''(c) Authorization of Appropriations. - In addition to other

amounts authorized under this title (this note), there are

authorized to be appropriated to the Secretary to carry out this

section -

''(1) $290,000 for fiscal year 2001; and

''(2) $500,000 for each of fiscal years 2002 through 2004.''

Substantially identical provisions were contained in Pub. L.

106-555, title II, Sec. 203, Dec. 21, 2000, 114 Stat. 2768.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 917b of this title.

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16 USC Sec. 917b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14A - WHALE CONSERVATION AND PROTECTION

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Sec. 917b. Cooperation of other Federal agencies

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All Federal agencies shall cooperate, to the fullest extent

possible, with the Secretary of Commerce in preparing the study and

recommendations required by section 917a of this title.

-SOURCE-

(Pub. L. 94-532, Sec. 4, Oct. 17, 1976, 90 Stat. 2492.)

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16 USC Sec. 917c 01/06/03

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CHAPTER 14A - WHALE CONSERVATION AND PROTECTION

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Sec. 917c. Negotiations with Mexico and Canada

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The Secretary of Commerce, through the Secretary of State, shall

immediately initiate negotiations for the purpose of developing

appropriate bilateral agreements with Mexico and Canada for the

protection and conservation of whales.

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(Pub. L. 94-532, Sec. 5, Oct. 17, 1976, 90 Stat. 2492.)

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16 USC Sec. 917d 01/06/03

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TITLE 16 - CONSERVATION

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Sec. 917d. Authorization of appropriations

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For the purpose of carrying out the provisions of this chapter,

there is hereby authorized to be appropriated a sum not to exceed

$1,000,000 for fiscal years 1978 and 1979.

-SOURCE-

(Pub. L. 94-532, Sec. 6, Oct. 17, 1976, 90 Stat. 2492.)

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