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16 U.S.C. § 1382 — Regulations and administration

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

16 U.S.C. § 1382 — Regulations and administration

**(a) Consultation with Federal agencies** The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter. **(b) Cooperation by Federal agencies** Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter. **(c) Contracts, leases, and cooperative agreements** The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this subchapter or subchapter V and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person. **(d) Annual review; suspension of program** The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent with the purposes of 11 So in original. policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under [section 1373(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1373/f&num=0&edition=prelim) his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem. **(e) Measures to alleviate impacts on strategic stocks** If the Secretary determines, based o

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Source location: Title 16, Chapter 31, § 1382; chapter-031-marine-mammal-protection.md

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

16 U.S.C. § 1361 — Congressional findings and declaration of policy

The Congress finds that— (1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities; (2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions; (3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully; (4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals; (5) marine mammals and marine mammal products either— (A) move in interstate commerce, or (B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce, and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and (6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i

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

16 U.S.C. § 1386 — Stock assessments

**(a) In general** Not later than August 1, 1994, the Secretary shall, in consultation with the appropriate regional scientific review group established under subsection (d), prepare a draft stock assessment for each marine mammal stock which occurs in waters under the jurisdiction of the United States. Each draft stock assessment, based on the best scientific information available, shall— (1) describe the geographic range of the affected stock, including any seasonal or temporal variation in such range; (2) provide for such stock the minimum population estimate, current and maximum net productivity rates, and current population trend, including a description of the information upon which these are based; (3) estimate the annual human-caused mortality and serious injury of the stock by source and, for a strategic stock, other factors that may be causing a decline or impeding recovery of the stock, including effects on marine mammal habitat and prey; (4) describe commercial fisheries that interact with the stock, including— (A) the approximate number of vessels actively participating in each such fishery; (B) the estimated level of incidental mortality and serious injury of the stock by each such fishery on an annual basis; (C) seasonal or area differences in such incidental mortality or serious injury; and (D) the rate, based on the appropriate standard unit of fishing effort, of such incidental mortality and serious injury, and an analysis stating whether such level is insignificant and is approaching a zero mortality and serious injury rate; (5) categorize the status of the stock as one that either— (A) has a level of human-caused mortality and serious injury that is not likely to cause the stock to be reduced below its optimum sustainable populati

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

16 U.S.C. § 1382 — Regulations and administration

Page 1793 TITLE 16—CONSERVATION § 1382 1 So in original. transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of ref- erences to Committee on Merchant Marine and Fish- eries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. § 1381. Commercial fisheries gear development (a) Research and development program; report to Congress; authorization of appropriations The Secretary of the department in which the National Oceanic and Atmospheric Administra- tion is operating (hereafter referred to in this section as the ‘‘Secretary’’) is hereby authorized and directed to immediately undertake a pro- gram of research and development for the pur- pose of devising improved fishing methods and gear so as to reduce to the maximum extent practicable the incidental taking of marine mammals in connection with commercial fish- ing. At the end of the full twenty-four calendar month period following October 21, 1972, the Sec- retary shall deliver his report in writing to the Congress with respect to the results of such re- search and development. For the purposes of this section, there is hereby authorized to be ap- propriated the sum of $1,000,000 for the fiscal year ending June 30, 1973, and the same amount for the next fiscal year. Funds appropriated for this section shall remain available until ex- pended. (b) Reduction of level of taking of marine mam- mals incidental to commercial fishing oper- ations The Secretary, after consultation with the Marine Mammal Commission, is authorized and directed to issue, as soon as practicable, such regulations, covering the twenty-four-month pe- riod referred to in section 1371(a)(2) of this title, as he deems necessary or advisab

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