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16 U.S.C. § 1390 — Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 180 days after December 23, 2022, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from vessel traffic, including shipping activities and port operations.
**(b) Eligible uses** Assistance provided under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by—
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or
(6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section.
**(c) Priority** The Under Secretary shall prioritize providing assistance under subsection (a) for projects that—
(1) are based on the best available science with respect to methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the reduction of such threats;
(3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://usco
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Source file: Laws/federal/codes/united-states-code/title-16/section-1390-assistance-to-ports-to-reduce-impacts-of-vessel-traffic-and-port-operati--469778241f.md
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Source location: Title 16, Chapter 31, § 1390; chapter-031-marine-mammal-protection.md
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**(a) In general** Not later than 180 days after December 23, 2022, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from vessel traffic, including shipping activities and port operations.
**(b) Eligible uses** Assistance provided under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by—
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or
(6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section.
**(c) Priority** The Under Secretary shall prioritize providing assistance under subsection (a) for projects that—
(1) are based on the best available science with respect to methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the reduction of such threats;
(3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.);
(4) are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or
(5) allow eligible entities to conduct risk assessments and to track progress toward threat reduction.
**(d) Outreach** The Under Secretary, in coordination with the Secretary, the Administrator of the Maritime Administration, and the Director of the United States Fish and Wildlife Service, as appropriate, shall conduct coordinated outreach to ports to provide information with respect to—
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance.
**(e) Report required** Not less frequently than annually, the Under Secretary shall make available to the public on a publicly accessible website of the National Oceanic and Atmospheric Administration a report that includes the following information:
(1) The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with each such award.
(4) An estimate of the likely impact of such activities on the reduction of threats to marine mammals.
**(f) Definition of eligible entity** In this section, the term “eligible entity” means—
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port;
(3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1) through (3).
**(g) Funding** From funds otherwise appropriated to the Under Secretary, $10,000,000 is authorized to carry out this section for each of fiscal years 2023 through 2028.
**(h) Savings clause** An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Under Secretary, in coordination with the heads of other relevant Federal agencies, shall design and deploy a cost-effective, efficient, and results-oriented near real-time monitoring and mitigation program (referred to in this section as the “Program”) for threatened or endangered cetaceans.
**(b) Purpose** The purpose of the Program shall be to reduce the risk to large cetaceans posed by vessel collisions and to minimize other impacts on large cetaceans through the use of near real-time location monitoring and location information.
**(c) Requirements** The Program shall—
(1) prioritize species of large cetaceans for which impacts from vessel collisions are of particular concern;
(2) prioritize areas where such impacts are of particular concern;
(3) be capable of detecting and alerting ocean users and enforcement agencies of the probable location of large cetaceans on an actionable real-time basis, including through real-time data whenever possible;
(4) inform sector-specific mitigation protocols to effectively reduce takes (as defined in section 216.3 of title 50, Code of Federal Regulations, or successor regulations) of large cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods, and mitigation protocols developed under the pilot project required under subsection (d).
**(d) Pilot project**
(1) **Establishment** — In carrying out the Program, the Under Secretary shall first establish a pilot monitoring and mitigation project (referred to in this section as the “pilot project”) for North Atlantic right whales for the purposes of informing the Program.
(2) **Requirements** — In designing and deploying the pilot project, the Under Secretary, in coordination with the heads of other re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of list** The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
**(b) Frequency of publication** The list shall be published within 60 days of November 2, 1994, and annually on or before every January 30 thereafter.
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “exclusive economic zone” means the zone established by Presidential Proclamation 5030 of March 10, 1983 ([16 U.S.C. 1453](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1453&num=0&edition=prelim) note).
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “Commandant” means the Commandant of the Coast Guard.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the requirements of section 70004, the Secretary—
(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;
(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;
(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety, except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter;
(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by—
(A) specifying times of entry, movement, or departure;
(B) establishing vessel traffic routing schemes;
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Under Secretary shall maintain and expand an ocean soundscape development program to—
(1) award grants to expand the deployment of Federal and non-Federal observing and data management systems capable of collecting measurements of underwater sound for purposes of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life;
(2) continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals, physical processes, and anthropogenic activities; and
(3) after coordinating with the Secretary of Defense, coordinate and make accessible to the public the datasets, modeling and analysis, and user-driven products and tools resulting from observations of underwater sound funded through grants awarded under paragraph (1).
**(b) Coordination** The program described in subsection (a) shall—
(1) include the Ocean Noise Reference Station Network of the National Oceanic and Atmospheric Administration and the National Park Service;
(2) use and coordinate with the Integrated Ocean Observing System; and
(3) coordinate with the Regional Ocean Partnerships and the Director of the United States Fish and Wildlife Service, as appropriate.
**(c) Priority** In awarding grants under subsection (a), the Under Secretary shall consider the geographic diversity of the recipients of such grants.
**(d) Savings clause** An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States.
**(e) Funding** From funds otherwise appropriated to the Under Secretary, $1,500,000 is authorized for each of fiscal yea
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1392
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Federal law — U.S. Code and appendices · legal_authorities
Page 1816
TITLE 16—CONSERVATION
§ 1390
Government Organization and Employees, and was sub-
stantially repealed and restated in chapter 10 (§ 1001 et
seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022,
136 Stat. 4197, 4361. For disposition of sections of the
Act into chapter 10 of Title 5, see Disposition Table pre-
ceding section 101 of Title 5.
AMENDMENTS
2022—Subsec. (i)(1)(B). Pub. L. 117–286 substituted
‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Com-
mittee Act (5 App. U.S.C.).’’
2018—Subsec. (f). Pub. L. 115–329 amended subsec. (f)
generally. Prior to amendment, subsec. (f) related to a
scientific investigation and report on the impact of
California sea lions and Pacific harbor seals.
Statutory Notes and Related Subsidiaries
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 treat-
ed as referring to Committee on Resources of House of
Representatives in case of provisions relating to fish-
eries, wildlife, international fishing agreements, ma-
rine affairs (including coastal zone management) ex-
cept 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. Committee on Resources of
House of Representatives changed to Committee on
Natural Resources of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007.
TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN
TRIBES
Pub. L. 115–329, § 4, Dec. 18, 2
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
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