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16 U.S.C. § 1414a — Research

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

16 U.S.C. § 1414a — Research

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Stable record: federal_law:legal_authorities:record_usc_e0194a19d51bec8b3064804b
Source file: Laws/federal/codes/united-states-code/title-16/section-1414a-research--555ca71ff9.md
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Source location: Title 16, Chapter 31, § 1414a; chapter-031-marine-mammal-protection.md

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**(a) Required research** (1) **In general** — The Secretary shall, in consultation with the Marine Mammal Commission and the Inter-American Tropical Tuna Commission, conduct a study of the effect of intentional encirclement (including chase) on dolphins and dolphin stocks incidentally taken in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The study, which shall commence on October 1, 1997, shall consist of abundance surveys as described in paragraph (2) and stress studies as described in paragraph (3), and shall address the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. (2) **Population abundance surveys** — The abundance surveys under this subsection shall survey the abundance of such depleted stocks and shall be conducted during each of the calendar years 1998, 1999, and 2000. (3) **Stress studies** — The stress studies under this subsection shall include— (A) a review of relevant stress-related research and a 3-year series of necropsy samples from dolphins obtained by commercial vessels; (B) a 1-year review of relevant historical demographic and biological data related to dolphins and dolphin stocks referred to in paragraph (1); and (C) an experiment involving the repeated chasing and capturing of dolphins by means of intentional encirclement. (4) **Report** — No later than 90 days after publishing the finding under subsection (g)(2) of [section 1385 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1385&num=0&edition=prelim), the Secretary shall complete and submit a report containing the results of the research described in this subsection to the United States Senate Committee on Commerce, Science, and Transportation and the United States House of Representatives Committees on Resources and on Commerce, and to the Inter-American Tropical Tuna Commission. **(b) Other research** (1) **In general** — In addition to conducting the research described in subsection (a), the Secretary shall, in consultation with the Marine Mammal Commission and in cooperation with the nations participating in the International Dolphin Conservation Program and the Inter-American Tropical Tuna Commission, undertake or support appropriate scientific research to further the goals of the International Dolphin Conservation Program. (2) **Specific areas of research** — Research carried out under paragraph (1) may include— (A) projects to devise cost-effective fishing methods and gear so as to reduce, with the goal of eliminating, the incidental mortality and serious injury of marine mammals in connection with commercial purse seine fishing in the eastern tropical Pacific Ocean; (B) projects to develop cost-effective methods of fishing for mature yellowfin tuna without setting nets on dolphins or other marine mammals; (C) projects to carry out stock assessments for those marine mammal species and marine mammal stocks taken in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean, including species or stocks not within waters under the jurisdiction of the United States; and (D) projects to determine the extent to which the incidental take of nontarget species, including juvenile tuna, occurs in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, the geographic location of the incidental take, and the impact of that incidental take on tuna stocks and nontarget species. **(c) Authorization of appropriations** (1) There are authorized to be appropriated to the Secretary the following amounts, to be used by the Secretary to carry out the research described 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 authorized 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.

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

16 U.S.C. § 1385 — Dolphin protection

**(a) Short title** This section may be cited as the “Dolphin Protection Consumer Information Act”. **(b) Findings** The Congress finds that— (1) dolphins and other marine mammals are frequently killed in the course of tuna fishing operations in the eastern tropical Pacific Ocean and high seas driftnet fishing in other parts of the world; (2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part because of the harmful effects that such driftnets have on marine mammals, including dolphins; and (3) consumers would like to know if the tuna they purchase is falsely labeled as to the effect of the harvesting of the tuna on dolphins. **(c) Definitions** For purposes of this section— (1) the terms “driftnet” and “driftnet fishing” have the meanings given those terms in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 ([16 U.S.C. 1822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822&num=0&edition=prelim) note); (2) the term “eastern tropical Pacific Ocean” means the area of the Pacific Ocean bounded by 40 degrees north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of North, Central, and South America; (3) the term “label” means a display of written, printed, or graphic matter on or affixed to the immediate container of any article; (4) the term “Secretary” means the Secretary of Commerce; and (5) the term “tuna product” means a food item which contains tuna and which has been processed for retail sale, except perishable sandwiches, salads, or other products with a shelf life of less than 3 days. **(d) Labeling standard** (1) It is a violation of [section 45 of title 15](https://uscode.house.gov/view.xhtml

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1385

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

16 U.S.C. § 1414 — Repealed. Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130

### Statutory Notes Section, Pub. L. 92–522, title III, § 304, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3428, related to reviews, reports, and recommendations by Secretary of Commerce. A prior section 304 of Pub. L. 92–522 was renumbered section 404 and is classified to [section 1421c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1421c&num=0&edition=prelim). #### Effective Date of Repeal For effective date of repeal, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under [section 1362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1362&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1414

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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. § 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. § 1415 — Reports by Secretary

Notwithstanding [section 1373(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1373/f&num=0&edition=prelim), the Secretary shall submit annual reports to the Congress which include— (1) results of research conducted pursuant to [section 1414a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1414a&num=0&edition=prelim); (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 juvenile yellowfin tuna and bycatch of nontarget species; (4) a description of the activities of the International Dolphin Conservation Program and of the efforts of the United States in support of the Program’s goals and objectives, including the protection of dolphin stocks in the eastern tropical Pacific Ocean, and an assessment of the effectiveness of the Program; (5) actions taken by the Secretary under [section 1371(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/2/B&num=0&edition=prelim) and [section 1371(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/d&num=0&edition=prelim); (6) copies of any relevant resolutions and decisions of the Inter-American Tropical Tuna Commission, and any regulations promulgated by the Secretary under this subchapter; and (7) any other information deemed relevant by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1415

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

16 U.S.C. § 1414a — Research

Page 1828 TITLE 16—CONSERVATION § 1414 recommendations of such additional action to be taken as may be necessary. (Pub. L. 92–522, title III, § 303, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1131.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act, referred to in subsec. (a)(2)(A), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. PRIOR PROVISIONS A prior section 1413, Pub. L. 92–522, title III, § 303, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3426, related to research programs prior to repeal by Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130. A prior section 303 of Pub. L. 92–522 was renumbered section 403 and is classified to section 1421b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of section, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title. § 1414. Repealed. Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130 Section, Pub. L. 92–522, title III, § 304, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3428, related to reviews, reports, and recommendations by Secretary of Commerce. A prior section 304 of Pub. L. 92–522 was renumbered section 404 and is classified to section 1421c of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 8 of Pub. L. 105–42, set out as an Effective Date of 1997 Amendment note under section 1362 of this title. § 1414a.

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1414a

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