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16 U.S.C. § 1411 — Findings and policy

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

16 U.S.C. § 1411 — Findings and policy

**(a) Findings** The Congress finds the following: (1) The yellowfin tuna fishery of the eastern tropical Pacific Ocean has resulted in the deaths of millions of dolphins. (2) Significant awareness and increased concern for the health and safety of dolphin populations has encouraged a change in fishing methods worldwide. (3) United States tuna fishing vessels have led the world in the development of fishing methods to reduce dolphin mortalities in the eastern tropical Pacific Ocean and United States tuna processing companies have voluntarily promoted the marketing of tuna that is dolphin safe. (4) Nations harvesting yellowfin tuna in the eastern tropical Pacific Ocean have demonstrated their willingness to participate in appropriate multilateral agreements to reduce dolphin mortality progressively to a level approaching zero through the setting of annual limits, with the goal of eliminating dolphin mortality in that fishery. Recognition of the International Dolphin Conservation Program will assure that the existing trend of reduced dolphin mortality continues; that individual stocks of dolphins are adequately protected; and that the goal of eliminating all dolphin mortality continues to be a priority. **(b) Policy** It is the policy of the United States to— (1) eliminate the marine mammal mortality resulting from the intentional encirclement of dolphins and other marine mammals in tuna purse seine fisheries; (2) support the International Dolphin Conservation Program and efforts within the Program to reduce, with the goal of eliminating, the mortality referred 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 with driftnets or caught by purse seine vessels in the eastern tropical Pacifi

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Stable record: federal_law:legal_authorities:record_usc_bd98f64ea057ae927e50734c
Source file: Laws/federal/codes/united-states-code/title-16/section-1411-findings-and-policy--b2e6cb8f6d.md
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Passage SHA-256: b896362781a43f7da51537abe6e6fe6f72ec72e358051653c5279be9274dbe58

Source location: Title 16, Chapter 31, § 1411; chapter-031-marine-mammal-protection.md

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**(a) Findings** The Congress finds the following: (1) The yellowfin tuna fishery of the eastern tropical Pacific Ocean has resulted in the deaths of millions of dolphins. (2) Significant awareness and increased concern for the health and safety of dolphin populations has encouraged a change in fishing methods worldwide. (3) United States tuna fishing vessels have led the world in the development of fishing methods to reduce dolphin mortalities in the eastern tropical Pacific Ocean and United States tuna processing companies have voluntarily promoted the marketing of tuna that is dolphin safe. (4) Nations harvesting yellowfin tuna in the eastern tropical Pacific Ocean have demonstrated their willingness to participate in appropriate multilateral agreements to reduce dolphin mortality progressively to a level approaching zero through the setting of annual limits, with the goal of eliminating dolphin mortality in that fishery. Recognition of the International Dolphin Conservation Program will assure that the existing trend of reduced dolphin mortality continues; that individual stocks of dolphins are adequately protected; and that the goal of eliminating all dolphin mortality continues to be a priority. **(b) Policy** It is the policy of the United States to— (1) eliminate the marine mammal mortality resulting from the intentional encirclement of dolphins and other marine mammals in tuna purse seine fisheries; (2) support the International Dolphin Conservation Program and efforts within the Program to reduce, with the goal of eliminating, the mortality referred 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 with driftnets or caught by purse seine vessels in the eastern tropical Pacific Ocean not operating in compliance with the International Dolphin Conservation Program; (4) secure appropriate multilateral agreements to ensure that United States tuna fishing vessels shall have continued access to productive tuna fishing grounds in the South Pacific Ocean and elsewhere; and (5) encourage observer coverage on purse seine vessels fishing for tuna outside of the eastern tropical Pacific Ocean 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.

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

16 U.S.C. § 1421 — Establishment of Program

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1421c&num=0&edition=prelim).

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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

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

16 U.S.C. § 1411 — Findings and policy

Page 1825 TITLE 16—CONSERVATION § 1411 from funds of the Commission in such amounts as may be agreed upon by the Chair- man and the Administrator of General Serv- ices. (Pub. L. 92–522, title II, § 206, Oct. 21, 1972, 86 Stat. 1045; Pub. L. 97–58, § 6(2), Oct. 9, 1981, 95 Stat. 987; Pub. L. 98–364, title I, § 103(b), July 17, 1984, 98 Stat. 442.) Editorial Notes AMENDMENTS 1984—Par. (5). Pub. L. 98–364 inserted ‘‘; except that no fewer than 11 employees must be employed under paragraph (1) at any time’’ at end. 1981—Par. (3). Pub. L. 97–58 substituted ‘‘contracts or agreements with, or provide such grants to, other orga- nizations’’ for ‘‘contracts or agreements with other or- ganizations’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. § 1407. Authorization of appropriations There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out this subchapter, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal year 1997, $1,700,000 for fiscal year 1998, and $1,750,000 for fiscal year 1999. (Pub. L. 92–522, title II, § 207, Oct. 21, 1972, 86 Stat. 1046; Pub. L. 95–136, § 3, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 95–316, § 4, July 10, 1978, 92 Stat. 381; Pub. L. 103–238, § 9(b), Apr. 30, 1994, 108 Stat. 543.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 97–58, § 7(c), Oct. 9, 1981, 95 Stat. 987; Pub. L. 98–364, title I, § 104(3), July 17, 1984, 98 Stat. 442; Pub. L. 100–711, § 6(3), Nov. 23, 1988,

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