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(continued)
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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 1414 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1414a 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1415 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1416 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 1417 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 1418 01/19/04
-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.
-End-
-CITE-
16 USC SUBCHAPTER V - MARINE MAMMAL HEALTH AND STRANDING
RESPONSE 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1421 01/19/04
-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."
-End-
-CITE-
16 USC Sec. 1421a 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1421b 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 1421c 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 1421d 01/19/04
-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, Secs. 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 (continued)