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16 U.S.C. § 1412 — International Dolphin Conservation Program

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1412 — International Dolphin Conservation Program

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

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Stable record: federal_law:legal_authorities:record_usc_5e4c882cf5154f0a1ea30c63
Source file: Laws/federal/codes/united-states-code/title-16/section-1412-international-dolphin-conservation-program--d92996862f.md
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Source location: Title 16, Chapter 31, § 1412; chapter-031-marine-mammal-protection.md

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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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1421a — Determination; data collection and dissemination

**(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 or entangled 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 and entanglements, including unusual mortality events, which the Secretary shall compile and analyze, by stranding region, to monitor species, numbers, conditions, and causes of illnesses and deaths of stranded marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and (4) other life history and reference level data, including marine mammal tissue analyses. **(c) Information required to be submitt

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1421a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1362 — Definitions

For the purposes of this chapter— (1) The term “depletion” or “depleted” means any case in which— (A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population; (B) a State, to which authority for the conservation and management of a species or population stock is transferred under [section 1379 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1379&num=0&edition=prelim), determines that such species or stock is below its optimum sustainable population; or (C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.]. (2) The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking. (3) The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Ca

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1362

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1417 — Prohibitions

**(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 11 So in original. Probably should be “section”. 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 22 So in original. The word “and” probably should not appear. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/2&num=0&edition=prelim); (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, im

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1417

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1412 — International Dolphin Conservation Pro-

Page 1826 TITLE 16—CONSERVATION § 1412 eastern tropical Pacific Ocean in a fishery in which the Secretary has determined that a regular and significant association occurs be- tween marine mammals and tuna, and in which tuna is harvested through the use of purse seine nets deployed on or to encircle ma- rine mammals. (Pub. L. 92–522, title III, § 301, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3425; amend- ed Pub. L. 105–42, § 6(b), Aug. 15, 1997, 111 Stat. 1129.) Editorial Notes CODIFICATION Another section 301 of Pub. L. 92–522 was renumbered section 401 and is classified to section 1421 of this title. AMENDMENTS 1997—Subsec. (a)(4). Pub. L. 105–42, § 6(b)(1), added par. (4) and struck out former par. (4) which read as follows: ‘‘Nations harvesting yellowfin tuna in the eastern trop- ical 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, § 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 re- ferred 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;’’. Statutory Notes and Related Subsidiaries 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. § 1412. International Dolphin Conservation Pro- gram The Secretary of State, in consultation with the Secretary, shall seek to secure a bind

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1412

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