16 U.S.C. § 1383 — Application to other treaties and conven-

Page 1794 TITLE 16—CONSERVATION § 1383 (e) Measures to alleviate impacts on strategic stocks If the Secretary determines, based on a stock assessment under section 1386 of this title or other significant new information obtained under this chapter, that impacts on rookeries, mating grounds, or other areas of similar eco- logical significance to marine mammals may be causing the decline or impeding the recovery of a strategic stock, the Secretary may develop and implement conservation or management measures to alleviate those impacts. Such meas- ures shall be developed and implemented after consultation with the Marine Mammal Commis- sion and the appropriate Federal agencies and after notice and opportunity for public com- ment. (Pub. L. 92–522, title I, § 112, Oct. 21, 1972, 86 Stat. 1042; Pub. L. 96–470, title II, § 201(e), Oct. 19, 1980, 94 Stat. 2241; Pub. L. 102–587, title III, § 3004(a)(3), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§ 7(a), 24(c)(11), Apr. 30, 1994, 108 Stat. 542, 566.) Editorial Notes AMENDMENTS 1994—Subsec. (c). Pub. L. 103–238, § 24(c)(11), made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act. Subsec. (e). Pub. L. 103–238, § 7(a), added subsec. (e). 1992—Subsec. (c). Pub. L. 102–587 inserted ‘‘or sub- chapter V’’ after ‘‘of this subchapter’’. 1980—Subsec. (d). Pub. L. 96–470 substituted ‘‘include in the annual report to the public and the Congress re- quired under section 1373(f) of this title’’ for ‘‘forthwith submit to Congress’’. 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. § 1383. Application to other treaties and conven- tions (a) Generally; findings; waiver of penalties The provisions of this subchapter shall be deemed to be in addition to and not in con- travention of the provisions of any existing international treaty, convention, or agreement, or any statute implementing the same, which may otherwise apply to the taking of marine mammals. Upon a finding by the Secretary that the provisions of any international treaty, con- vention, or agreement, or any statute imple- menting the same has been made applicable to persons subject to the provisions of this sub- chapter in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the lowest practicable level the taking of marine mammals incidental to com- mercial fishing operations, section 1375 of this title may not apply to such persons. (b) Review of effectiveness of Agreement on the Conservation of Polar Bears Not later than 1 year after April 30, 1994, the Secretary of the Interior shall, in consultation with the contracting parties, initiate a review of the effectiveness of the Agreement on the Con- servation of Polar Bears, as provided for in Arti- cle IX of the Agreement, and establish a process by which future reviews shall be conducted. (c) Review of implementation of Agreement on the Conservation of Polar Bears; report The Secretary of the Interior, in consultation with the Secretary of State and the Marine Mammal Commission, shall review the effective- ness of United States implementation of the Agreement on the Conservation of Polar Bears, particularly with respect to the habitat protec- tion mandates contained in Article II. The Sec- retary shall report the results of this review to the Committee on Merchant Marine and Fish- eries of the House of Representatives and the Committee on Commerce, Science, and Trans- portation of the Senate not later than April 1, 1995. (d) Consultation regarding conservation of polar bears in Russia and Alaska; report Not later than 6 months after April 30, 1994, the Secretary of the Interior, acting through the Secretary of State and in consultation with the Marine Mammal Commission and the State of Alaska, shall consult with the appropriate offi- cials of the Russian Federation on the develop- ment and implementation of enhanced coopera- tive research and management programs for the conservation of polar bears in Alaska and Rus- sia. The Secretary shall report the results of this consultation and provide periodic progress reports on the research and management pro- grams to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate. (Pub. L. 92–522, title I, § 113, Oct. 21, 1972, 86 Stat. 1042; Pub. L. 103–238, § 7(b), Apr. 30, 1994, 108 Stat. 542.) Editorial Notes CODIFICATION A prior subsec. (b) of section 113 of Pub. L. 92–522 amended section 659 of this title. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–238, § 7(b)(1), directed the amendment of this section by ‘‘designating the existing paragraph’’ as subsec. (a), notwithstanding the existing first par. of this section was already designated (a). Subsecs. (b) to (d). Pub. L. 103–238, § 7(b)(2), added sub- secs. (b) to (d). See Codification note above. 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. ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- Page 1795 TITLE 16—CONSERVATION § 1383a eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 1383a. Interim exemption for commercial fish- eries (a) Effective and termination dates of preemp- tive provisions; law governing incidental tak- ing of marine mammals in course of commer- cial yellowfin tuna fishing (1) During the period beginning on November 23, 1988, and until superseded by regulations pre- scribed under section 1387 of this title, or until September 1, 1995, whichever is earlier, except as provided in paragraph (2), the provisions of this section, rather than sections 1371, 1373, and 1374 of this title, shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States and vessels which have valid fishing permits issued by the Secretary in ac- cordance with section 1824(b) of this title. In any event it shall be the immediate goal that the in- cidental kill or serious injury of marine mam- mals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. (2) The provisions of this section other than subsection (e)(6)(A) shall not govern the inci- dental taking of marine mammals in the course of commercial yellowfin tuna fishing subject to section 1374(h)(2) of this title. (b) Proposed and final list of fisheries taking ma- rine mammals; publication in Federal Reg- ister; grant of exemption; conditions; suspen- sion of grant of exemption; administration of exemption provisions; fees (1) The Secretary shall, after consultation with the Marine Mammal Commission— (A) publish in the Federal Register, for pub- lic comment, not later than sixty days after November 23, 1988, a proposed list of those fish- eries, along with a statement of the marine mammals and the approximate number of ves- sels or persons involved in each such fishery, that have— (i) frequent incidental taking of marine mammals; (ii) occasional incidental taking of marine mammals; or (iii) a remote likelihood of or no known in- cidental taking of marine mammals; (B) publish in the Federal Register not later than one hundred and twenty days after No- vember 23, 1988, a final list of the fisheries and other information required by paragraph (A), together with a summary of the provisions of this section and information sufficient to ad- vise vessel owners on how to obtain an exemp- tion and otherwise comply with the require- ments of this section; and (C) at least once each year thereafter, and at such other times as the Secretary considers appropriate, reexamine, based on information gathered from the program established under subsections (c), (d), (e), and (f), and other rel- evant sources and after notice and opportunity for public comment, the classification of fish- eries and other determinations required under subparagraph (A) and publish in the Federal Register any necessary changes. (2)(A) An exemption shall be granted by the Secretary in accordance with this section for a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii), upon receipt by the Secretary of a completed registration form pro- viding the name of the vessel owner, the name and description of the vessel, the fisheries in which it will be engaged, and such other infor- mation as the Secretary considers necessary. A decal or other physical evidence that the exemp- tion is current and valid shall be issued by the Secretary at the time an exemption is granted, and so long as the exemption remains current and valid, shall be reissued annually thereafter. (B) No exemption may be granted under this section to the owner of a vessel unless such ves- sel— (i) is a vessel of the United States; or (ii) has a valid fishing permit issued by the Secretary in accordance with section 1824(b) of this title. (C) Notwithstanding any other provision of this subchapter, exemptions granted under this section shall authorize the incidental taking of marine mammals, other than California sea ot- ters, from any species or stock, including a pop- ulation stock designated as depleted, but shall not authorize the intentional lethal taking of any Steller sea lion, any cetacean, or any ma- rine mammals from a population stock des- ignated as depleted. (3)(A) Beginning two hundred and forty days after November 23, 1988, each owner of a vessel engaged in any fishery identified under para- graph (1)(A)(i) or (ii) shall, in order to engage lawfully in that fishery— (i) have registered with the Secretary in order to obtain for each such vessel owned an exemption for the purpose of incidentally tak- ing marine mammals in accordance with this section; (ii) ensure that a decal or such other phys- ical evidence of a current and valid exemption as the Secretary may require is displayed on or is in the possession of the master of each such vessel; and (iii) report as required by subsection (c). (B) Any owner of a vessel receiving an exemp- tion under this section for any fishery identified under paragraph (1)(A)(i) shall, as a condition of that exemption, take on board a natural re- source observer if requested to do so by the Sec- retary. (C) An owner of a vessel engaged in a fishery identified under paragraph (1)(A)(i) or (ii) who— (i) fails to obtain from the Secretary an ex- emption under this section; (ii) fails to maintain a current and valid ex- emption; or (iii) fails to ensure that a decal or other physical evidence of such exemption issued by the Secretary is displayed on or is in posses- sion of the master of the vessel,