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16 U.S.C. § 1393 — Conservation and mitigation assistance

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

16 U.S.C. § 1393 — Conservation and mitigation assistance

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Source file: Laws/federal/codes/united-states-code/title-16/section-1393-conservation-and-mitigation-assistance--fe894f56aa.md
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Source location: Title 16, Chapter 31, § 1393; chapter-031-marine-mammal-protection.md

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**(a) Assistance** (1) **In general** — Not later than 180 days after December 29, 2022, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere (in this title 11 See References in Text note below. referred to as the “Under Secretary”) shall establish a program to provide competitive financial assistance, on an annual basis, and cooperative agreements including multiyear grants and direct payment, to eligible entities for eligible uses, such as projects designed to reduce the lethal and sub-lethal effects of human activities on North Atlantic right whales. (2) **Use of existing authorities** — Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary 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.) and the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.). (3) **Cooperative agreements** — The Under Secretary may enter into cooperative agreements with the National Fish and Wildlife Foundation established by the National Fish and Wildlife Foundation Establishment Act ([16 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3701&num=0&edition=prelim) et seq.) to carry out this title.1 **(b) Eligible entities** An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is— (1) a relevant port authority for a port; (2) a relevant State, regional, local, or Tribal government; (3) any other individual or entity, as determined appropriate by the Under Secretary, including— (A) an owner or operator of a vessel, as defined under [section 3 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section3&num=0&edition=prelim); and (B) participants within sectors of the maritime industry, such as boating, shipping, fishing, fishing gear and rope manufacturing, and other maritime activities; (4) a nonprofit organization or research institution with expertise in commercial fisheries, gear innovation, and North Atlantic right whale conservation; or (5) a consortium of entities described in paragraphs (1) through (4). **(c) Eligible uses** Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce human induced threats to North Atlantic right whales, including— (1) funding research to identify, deploy, or test innovative gear technologies; (2) subsidizing acquisition of innovative gear technologies to improve adoption of those technologies by fisheries participants, which may include direct payment to fisheries participants; (3) training for fisheries participants to improve deployment, safety, and adoption of innovative gear technologies; (4) funding for monitoring necessary to support dynamic management of fisheries, vessel traffic, or other needs; and (5) other uses as determined by the Under Secretary in consultation with relevant eligible entities. **(d) Priority** In determining whether to fund project proposals under this section, the Under Secretary shall prioritize projects— (1) with a substantial likelihood of reducing lethal and sub-lethal effects on North Atlantic right whales from fishing gear entanglements or vessel collisions; (2) that include cooperation with fishing industry participants or other private sector stakeholders; and (3) that demonstrate, or have the potential to provide, economic benefits to small businesses based in the United States. **(e) Prohibited uses** (1) **In general** — Except as provided in paragraph (2), funds awarded under this section may not be used to distribute resources to an entity or individual that is not a United States person (as defined in [section 7701(a)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701/a/3&num=0&edition=prelim)). (2) **Exception** — Funds awarded under this section may be used to distribute resources to a partnership that includes an entity or individual that is not a United States person (as defined in [section 7701(a)(30) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701/a/30&num=0&edition=prelim)) if the resources are distributed directly to a partner in the partnership that is a United States person (as so defined). **(f) Project reporting** (1) **In general** — Each individual or entity that receives assistance under this section for a project shall submit to the Under Secretary periodic reports (at such intervals as the Under Secretary may require) that include all information that the Under Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) **Availability to the public** — Reports under paragraph (1) shall be made available to the public in a timely manner.

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

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(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

16 U.S.C. § 3701 — Establishment and purposes of Foundation

**(a) Establishment** There is established the National Fish and Wildlife Foundation (hereinafter in this chapter referred to as the “Foundation”). The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States. **(b) Purposes** The purposes of the Foundation are— (1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, to further the conservation and management of fish, wildlife, plants, and other natural resources; (2) to undertake and conduct such other activities as will further the conservation and management of the fish, wildlife, and plant resources of the United States, and its territories and possessions, for present and future generations of Americans; and (3) to participate with, and otherwise assist, foreign governments, entities, and individuals in undertaking and conducting activities that will further the conservation and management of the fish, wildlife, and plant resources of other countries.

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

1 U.S.C. § 3 — “Vessel” as including all means of water transportation

The word “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

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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. § 1361 — Congressional findings and declaration of

Page 1763 TITLE 16—CONSERVATION § 1361 (Pub. L. 92–195, § 11, formerly § 10, Dec. 15, 1971, 85 Stat. 651, renumbered Pub. L. 94–579, title IV, § 404, Oct. 21, 1976, 90 Stat. 2775.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of this section relating to the Secretaries of the Inte- rior and Agriculture submitting a joint report to Con- gress every twenty-four months on the administration of this chapter, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 147 of House Docu- ment No. 103–7. CHAPTER 31—MARINE MAMMAL PROTECTION SUBCHAPTER I—GENERALLY Sec. 1361. Congressional findings and declaration of pol- icy. 1362. Definitions. SUBCHAPTER II—CONSERVATION AND PROTECTION OF MARINE MAMMALS 1371. Moratorium on taking and importing marine mammals and marine mammal products. 1372. Prohibitions. 1373. Regulations on taking of marine mammals. 1374. Permits. 1375. Penalties. 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and wal- ruses. 1376. Seizure and forfeiture of cargo. 1377. Enforcement. 1378. International program. 1379. Transfer of management authority. 1380. Marine mammal research grants. 1381. Commercial fisheries gear development. 1382. Regulations and administration. 1383. Application to other treaties and conven- tions. 1383a. Interim exemption for commercial fisheries. 1383b. Status review; conservation plans. 1384. Authorization of appropriations. 1385. Dolphin protection. 1386. Stock assessments. 1387. Taking of marine mammals incidental to commercial fishing operations. 1388. Marine mammal cooperative a

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

16 U.S.C. § 1393 — Conservation and mitigation assistance

Page 1820 TITLE 16—CONSERVATION § 1392 the Interior, and with input from affected stake- holders, shall develop and deploy mitigation protocols that make use of any monitoring sys- tem designed and deployed under this section to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious in- jury and mortality to North Atlantic right whales. (f) Access to data The Under Secretary shall provide access to data generated by any monitoring system de- signed and deployed under this section for pur- poses of scientific research and evaluation and public awareness and education, including through the Right Whale Sighting Advisory Sys- tem of the National Oceanic and Atmospheric Administration and WhaleMap or other suc- cessor public website portals, subject to review for national security considerations. (g) Additional authority The Under Secretary may enter into and per- form such contracts, leases, grants, or coopera- tive agreements as may be necessary to carry out this section on such terms as the Under Sec- retary considers appropriate, consistent with the Federal Acquisition Regulation. (h) Savings clause An activity may not be carried out under this section if the Secretary of Defense, in consulta- tion with the Under Secretary, determines that the activity would negatively impact the de- fense readiness or the national security of the United States. (i) Funding From funds otherwise appropriated to the Under Secretary $5,000,000 is authorized to sup- port development, deployment, application, and ongoing maintenance of the Program and to otherwise carry out this section for each of fis- cal years 2023 through 2027. (Pub. L. 117–263, div. K, title CXIII, § 11303, Dec. 23, 2022, 136 Stat. 4072.) Editorial N

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

16 U.S.C. § 1531 — Congressional findings and declaration of

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

16 U.S.C. § 3701 — Establishment and purposes of Founda-

Page 2324 TITLE 16—CONSERVATION § 3701 CODIFICATION Section is comprised of section 16 of Pub. L. 99–5. Sec- tion 16(c) of Pub. L. 99–5 amended section 3632 of this title. Pub. L. 109–479, § 302(d)(1), which directed that the text of section 623 of title VI of H.R. 3421 (113 Stat. 1501A–56), as introduced on November 17, 1999, enacted into law by section 1000(a)(1) of Pub. L. 106–113 and amended by Pub. L. 106–533, 114 Stat. 2762A–108, be transferred to and renumbered as section 16 of the Pa- cific Salmon Treaty Act, was executed by transferring Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 623], as amended by Pub. L. 106–553, § 1(a)(2) [title VI, § 628], to and renumbering it as section 16 of Pub. L. 99–5, which is the Pacific Salmon Treaty Act of 1985, to reflect the probable intent of Congress. See source credit above. AMENDMENTS 2009—Subsec. (d)(2)(A). Pub. L. 111–8, which directed amendment of ‘‘Section (d)(2)(A) of title 16 U.S.C. 3645’’ by inserting ‘‘Nevada,’’ after ‘‘Idaho,’’, was executed by making the amendment to section 16 of Pub. L. 99–5, which is classified to this section, to reflect the prob- able intent of Congress. 2007—Pub. L. 109–479, § 302(d)(1)(B)(ii), inserted section catchline. Subsec. (d)(2)(A). Pub. L. 109–479, § 302(d)(2), inserted ‘‘sustainable salmon fisheries,’’ after ‘‘enhancement,’’, ‘‘2005, 2006, 2007, 2008, and 2009,’’ after ‘‘2003,’’, and ‘‘Idaho,’’ after ‘‘Oregon,’’. 2004—Pub. L. 108–447, which directed the amendment of section 628(2)(A) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, Pub. L. 106–553, by sub- stituting ‘‘2005’’ for ‘‘2000, 2001, 2002, and 2003’’ and in- serting ‘‘Idaho,’’ after ‘‘Oregon,’’, was not executed, be- cause

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