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16 U.S.C. § 1416 — Permits

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

16 U.S.C. § 1416 — Permits

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Stable record: federal_law:legal_authorities:record_usc_94cbe3bc366bb9250e2b5675
Source file: Laws/federal/codes/united-states-code/title-16/section-1416-permits--0491a1e465.md
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Source location: Title 16, Chapter 31, § 1416; chapter-031-marine-mammal-protection.md

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**(a) In general** (1) Consistent with the regulations issued pursuant to [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1413&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1413&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1417&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1417&num=0&edition=prelim); 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.

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

16 U.S.C. § 1413 — Regulatory authority of Secretary

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1413

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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. § 1421e — Liability

**(a) In general** A person who is authorized to respond to a stranding or entanglement pursuant to an agreement entered into under [section 1382(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1382/c&num=0&edition=prelim) is deemed to be an employee of the Government for purposes of chapter 171 of title 28, with respect to actions of the person that are— (1) in accordance with the agreement; and (2) in the case of an unusual mortality event, in accordance with— (A) the contingency plan issued under [section 1421c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1421c/b&num=0&edition=prelim); (B) the instructions of an Onsite Coordinator designated under [section 1421c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1421c/c&num=0&edition=prelim); or (C) the best professional judgment of an Onsite Coordinator, in the case of any matter that is not covered by the contingency plan. **(b) Limitation** Subsection (a) does not apply to actions of a person described in that subsection that are grossly negligent or that constitute willful misconduct.

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

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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. § 1374 — Permits

**(a) Issuance** The Secretary may issue permits which authorize the taking or importation of any marine mammal. Permits for the incidental taking of marine mammals in the course of commercial fishing operations may only be issued as specifically provided for in sections 11 So in original. Probably should be “section”. 1371(a)(5) or 1416 of this title, or subsection (h) of this section. **(b) Requisite provisions** Any permit issued under this section shall— (1) be consistent with any applicable regulation established by the Secretary under [section 1373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1373&num=0&edition=prelim), and (2) specify— (A) the number and kind of animals which are authorized to be taken or imported, (B) the location and manner (which manner must be determined by the Secretary to be humane) in which they may be taken, or from which they may be imported, (C) the period during which the permit is valid, and (D) any other terms or conditions which the Secretary deems appropriate. In any case in which an application for a permit cites as a reason for the proposed taking the overpopulation of a particular species or population stock, the Secretary shall first consider whether or not it would be more desirable to transplant a number of animals (but not to exceed the number requested for taking in the application) of that species or stock to a location not then inhabited by such species or stock but previously inhabited by such species or stock. **(c) Importation for scientific research, public display, or enhancing survival or recovery of species or stock** (1) Any permit issued by the Secretary which authorizes the taking or importation of a marine mammal for purposes of scientific research,

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1374

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

16 U.S.C. § 1416 — Permits

Page 1829 TITLE 16—CONSERVATION § 1416 by the Secretary to carry out the research de- scribed in subsection (a): (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 au- thorized 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. (Pub. L. 92–522, title III, § 304, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1133.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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 gen- erally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 1415. Reports by Secretary 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 ju- venile yellowfin tuna and bycatch of nontar- get species; (4) a description of the activities of the International Dolphin Conservation Program and of the efforts of the United States in sup- port of the Program’s goals and

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1416

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