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(continued)
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.
-FOOTNOTE-
(!1) So in original. Probably should be "Section".
-End-
-CITE-
16 USC Sec. 1388 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1389 01/19/04
-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.
-End-
-CITE-
16 USC SUBCHAPTER III - MARINE MAMMAL COMMISSION 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1401 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 1402 01/19/04
-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 (!1) of this title, before
submission to Congress, to the Secretary for comment.
(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.
-MISC1-
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.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 1403 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1404 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1405 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 1406 01/19/04
-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".
-End-
-CITE-
16 USC Sec. 1407 01/19/04
-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.
-End-
-CITE-
16 USC SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION
PROGRAM 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1411 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 1412 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1413 01/19/04
-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 (continued)