16 U.S.C. § 1388 — Marine mammal cooperative agreements

Page 1812 TITLE 16—CONSERVATION § 1388 (l) Definitions As used in this section and section 1371(a)(5)(E) of this title, each of the terms ‘‘fishery’’ and ‘‘vessel of the United States’’ has the same meaning it does in section 1802 of this title. (Pub. L. 92–522, title I, § 118, as added Pub. L. 103–238, § 11, Apr. 30, 1994, 108 Stat. 546; amended Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 117–286, § 4(a)(109), Dec. 27, 2022, 136 Stat. 4317.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsecs. (a)(2), (d)(4)(A), (f)(11), and (g)(1)(C)(iii), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally 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. Act of November 7, 1986, referred to in subsec. (a)(4), is Pub. L. 99–625, Nov. 7, 1986, 100 Stat. 3500, which amended section 718b of this title and provisions set out as a table of National Wildlife Refuges under sec- tion 668dd of this title and enacted provisions set out as a note under section 1536 of this title. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2022—Subsec. (f)(6)(D). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Com- mittee Act (5 App. U.S.C.).’’ 1996—Subsecs. (a)(1), (c)(2)(B)(ii), (l). Pub. L. 104–208 made technical amendment to references in original act which appear in text as references to sections 1802 and 1824(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. 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- 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. NORTH ATLANTIC RIGHT WHALES AND REGULATIONS Pub. L. 117–328, div. JJ, title I, § 101, Dec. 29, 2022, 136 Stat. 6089, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law except as provided in subsection (b), for the period beginning on the date of enactment of this Act [Dec. 29, 2022] and ending on December 31, 2028, the Final Rule amending the regulations implementing the Atlantic Large Whale Take Reduction Plan (86 Fed. Reg. 51970) shall be deemed sufficient to ensure that the continued Federal and State authorizations of the American lobster and Jonah crab fisheries are in full compliance with the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The National Marine Fisheries Service shall— ‘‘(1) throughout the period described in the pre- ceding sentence, in consultation with affected States and fishing industry participants, promote the inno- vation and adoption of gear technologies in the fish- eries described in the preceding sentence, in order to implement additional whale protection measures by December 31, 2028; ‘‘(2) promulgate new regulations for the American lobster and Jonah crab fisheries consistent with the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that take effect by December 31, 2028, utilizing existing and innovative gear tech- nologies, as appropriate; and ‘‘(3) in consultation with affected States, submit an annual report to Congress on the status of North At- lantic Right Whales, the actions taken and plans to implement measures expected to not exceed Poten- tial Biological Removal by December 31, 2028, the amount of serious injury and mortality by fishery and country, and the proportion of the American lob- ster and Jonah crab fisheries that have transitioned to innovative gear technologies that reduce harm to the North Atlantic Right Whale. ‘‘(b) EXCEPTION.—The provisions of subsection (a) shall not apply to an existing emergency rule, or any action taken to extend or make final an emergency rule that is in place on the date of enactment of this Act, affecting lobster and Jonah crab.’’ § 1388. Marine mammal cooperative agreements in Alaska (a) In general The Secretary may enter into cooperative agreements with Alaska Native organizations to conserve marine mammals and provide co-man- agement of subsistence use by Alaska Natives. (b) Grants Agreements entered into under this section may include grants to Alaska Native organiza- tions for, among other purposes— (1) collecting and analyzing data on marine mammal populations; (2) monitoring the harvest of marine mam- mals for subsistence use; (3) participating in marine mammal research conducted by the Federal Government, States, academic institutions, and private organiza- tions; and (4) developing marine mammal co-manage- ment structures with Federal and State agen- cies. (c) Effect of jurisdiction Nothing in this section is intended or shall be construed— (1) as authorizing any expansion or change in the respective jurisdiction of Federal, State, or tribal governments over fish and wildlife resources; or (2) as altering in any respect the existing po- litical or legal status of Alaska Natives, or the governmental or jurisdictional status of Alas- ka Native communities or Alaska Native enti- ties. (d) Authorization of appropriations There are authorized to be appropriated for the purposes of carrying out this section— Page 1813 TITLE 16—CONSERVATION § 1389 (1) $1,500,000 to the Secretary of Commerce for each of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and (2) $1,000,000 to the Secretary of the Interior for each of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999. The amounts authorized to be appropriated under this subsection are in addition to the amounts authorized to be appropriated under section 1384 of this title. (Pub. L. 92–522, title I, § 119, as added Pub. L. 103–238, § 19, Apr. 30, 1994, 108 Stat. 559.) § 1389. Pacific Coast Task Force; Gulf of Maine (a) Pinniped removal authority Notwithstanding any other provision of this subchapter, the Secretary may permit the inten- tional lethal taking of pinnipeds in accordance with this section. (b) Application (1) A State may apply to the Secretary to au- thorize the intentional lethal taking of individ- ually identifiable pinnipeds which are having a significant negative impact on the decline or re- covery of salmonid fishery stocks which— (A) have been listed as threatened species or endangered species under the Endangered Spe- cies Act of 1973 (16 U.S.C. 1531 et seq.); (B) the Secretary finds are approaching threatened species or endangered species sta- tus (as those terms are defined in that Act); or (C) migrate through the Ballard Locks at Seattle, Washington. (2) Any such application shall include a means of identifying the individual pinniped or pinnipeds, and shall include a detailed descrip- tion of the problem interaction and expected benefits of the taking. (c) Actions in response to application (1) Within 15 days of receiving an application, the Secretary shall determine whether the ap- plication has produced sufficient evidence to warrant establishing a Pinniped-Fishery Inter- action Task Force to address the situation de- scribed in the application. If the Secretary de- termines sufficient evidence has been provided, the Secretary shall establish a Pinniped-Fishery Interaction Task Force and publish a notice in the Federal Register requesting public comment on the application. (2) A Pinniped-Fishery Interaction Task Force established under paragraph (1) shall consist of designated employees of the Department of Commerce, scientists who are knowledgeable about the pinniped interaction that the applica- tion addresses, representatives of affected con- servation and fishing community organizations, Indian Treaty tribes, the States, and such other organizations as the Secretary deems appro- priate. (3) Within 60 days after establishment, and after reviewing public comments in response to the Federal Register notice under paragraph (1), the Pinniped-Fishery Interaction Task Force shall— (A) recommend to the Secretary whether to approve or deny the proposed intentional le- thal taking of the pinniped or pinnipeds, in- cluding along with the recommendation a de- scription of the specific pinniped individual or individuals, the proposed location, time, and method of such taking, criteria for evaluating the success of the action, and the duration of the intentional lethal taking authority; and (B) suggest nonlethal alternatives, if avail- able and practicable, including a rec- ommended course of action. (4) Within 30 days after receipt of rec- ommendations from the Pinniped-Fishery Inter- action Task Force, the Secretary shall either approve or deny the application. If such applica- tion is approved, the Secretary shall imme- diately take steps to implement the intentional lethal taking, which shall be performed by Fed- eral or State agencies, or qualified individuals under contract to such agencies. (5) After implementation of an approved appli- cation, the Pinniped-Fishery Interaction Task Force shall evaluate the effectiveness of the per- mitted intentional lethal taking or alternative actions implemented. If implementation was in- effective in eliminating the problem interaction, the Task Force shall recommend additional ac- tions. If the implementation was effective, the Task Force shall so advise the Secretary, and the Secretary shall disband the Task Force. (d) Considerations In considering whether an application should be approved or denied, the Pinniped-Fishery Interaction Task Force and the Secretary shall consider— (1) population trends, feeding habits, the lo- cation of the pinniped interaction, how and when the interaction occurs, and how many individual pinnipeds are involved; (2) past efforts to nonlethally deter such pinnipeds, and whether the applicant has dem- onstrated that no feasible and prudent alter- natives exist and that the applicant has taken all reasonable nonlethal steps without success; (3) the extent to which such pinnipeds are causing undue injury or impact to, or imbal- ance with, other species in the ecosystem, in- cluding fish populations; and (4) the extent to which such pinnipeds are exhibiting behavior that presents an ongoing threat to public safety. (e) Limitation The Secretary shall not approve the inten- tional lethal taking of any pinniped from a spe- cies or stock that is— (1) listed as a threatened species or endan- gered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (2) depleted under this chapter; or (3) a strategic stock. (f) Temporary marine mammal removal author- ity on the waters of the Columbia River or its tributaries (1) Removal authority Notwithstanding any other provision of this chapter, the Secretary may issue a permit to an eligible entity to authorize the intentional lethal taking on the waters of the Columbia River and its tributaries of individually iden- tifiable sea lions that are part of a population