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 agreements in Alaska. 1389. Pacific Coast Task Force; Gulf of Maine. 1390. Assistance to ports to reduce impacts of ves- sel traffic and port operations on marine mammals. 1391. Near real-time monitoring and mitigation program for large cetaceans. 1392. Monitoring ocean soundscapes. 1393. Conservation and mitigation assistance. SUBCHAPTER III—MARINE MAMMAL COMMISSION 1401. Establishment. 1402. Duties of Commission. 1403. Committee of Scientific Advisors on Marine Mammals. 1404. Omitted. 1405. Coordination with other Federal agencies. 1406. Administration. 1407. Authorization of appropriations. SUBCHAPTER IV—INTERNATIONAL DOLPHIN CONSERVATION PROGRAM 1411. Findings and policy. 1412. International Dolphin Conservation Program. 1413. Regulatory authority of Secretary. 1414. Repealed. Sec. 1414a. Research. 1415. Reports by Secretary. 1416. Permits. 1417. Prohibitions. 1418. Repealed. SUBCHAPTER V—MARINE MAMMAL HEALTH AND STRANDING RESPONSE 1421. Establishment of Program. 1421a. Determination; data collection and dissemi- nation. 1421b. Stranding or entanglement response agree- ments. 1421c. Unusual mortality event response. 1421d. Unusual mortality event activity funding. 1421e. Liability. 1421f. National Marine Mammal Tissue Bank and tissue analysis. 1421f–1. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund. 1421f–2. Marine Mammal Health Monitoring and Anal- ysis Platform (Health MAP). 1421f–3. Reports to Congress. 1421g. Authorization of appropriations. 1421h. Definitions. SUBCHAPTER VI—POLAR BEARS 1423. Definitions. 1423a. Prohibitions. 1423b. Administration. 1423c. Cooperative management agreement; author- ity to delegate enforcement authority. 1423d. Commission appointments; compensation, travel expenses, and claims. 1423e. Votes taken by the United States section on matters before the Commission. 1423f. Implementation of actions taken by the Com- mission. 1423g. Application with other subchapters of chap- ter. 1423h. Authorization of appropriations. SUBCHAPTER I—GENERALLY § 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 ac- tivities; (2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant func- tioning 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 imme- diately taken to replenish any species or popu- lation 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 ma- rine mammals and of the factors which bear upon their ability to reproduce themselves successfully; (4) negotiations should be undertaken imme- diately to encourage the development of inter- national arrangements for research on, and conservation of, all marine mammals; Page 1764 TITLE 16—CONSERVATION § 1361 (5) marine mammals and marine mammal products either— (A) move in interstate commerce, or (B) affect the balance of marine eco- systems 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 there- fore necessary to insure the continuing avail- ability of those products which move in inter- state commerce; and (6) marine mammals have proven themselves to be resources of great international signifi- cance, esthetic and recreational as well as eco- nomic, and it is the sense of the Congress that they should be protected and encouraged to develop to the greatest extent feasible com- mensurate with sound policies of resource management and that the primary objective of their management should be to maintain the health and stability of the marine ecosystem. Whenever consistent with this primary objec- tive, it should be the goal to obtain an opti- mum sustainable population keeping in mind the carrying capacity of the habitat. (Pub. L. 92–522, § 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97–58, § 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103–238, § 3, Apr. 30, 1994, 108 Stat. 532.) Editorial Notes AMENDMENTS 1994—Par. (2). Pub. L. 103–238, § 3(1), inserted ‘‘essen- tial habitats, including’’ after ‘‘made to protect’’. Par. (5). Pub. L. 103–238, § 3(2), inserted ‘‘and their habitats’’ before ‘‘is therefore necessary’’ in concluding provisions. 1981—Par. (6). Pub. L. 97–58 substituted ‘‘carrying ca- pacity’’ for ‘‘optimum carrying capacity’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 92–522, § 4, Oct. 21, 1972, 86 Stat. 1029, provided that: ‘‘The provisions of this Act [enacting this chap- ter] shall take effect upon the expiration of the sixty- day period following the date of its enactment [Oct. 21, 1972].’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–329, § 1, Dec. 18, 2018, 132 Stat. 4475, pro- vided that: ‘‘This Act [amending section 1389 of this title and enacting provisions set out as a note under section 1389 of this title] may be cited as the ‘Endan- gered Salmon Predation Prevention Act’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 109–479, title IX, § 901, Jan. 12, 2007, 120 Stat. 3660, provided that: ‘‘This title [enacting subchapter VI of this chapter and amending section 1377 of this title] may be cited as the ‘United States-Russia Polar Bear Conservation and Management Act of 2006’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–555, § 1, Dec. 21, 2000, 114 Stat. 2765, pro- vided that: ‘‘This Act [enacting section 1421f–1 of this title, amending sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a to 5108, and 5156 of this title, en- acting provisions set out as notes under this section and sections 917a, 1433, 5101, and 5107 of this title, and amending provisions set out as a note under section 1855 of this title] may be cited as the ‘Striped Bass Con- servation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000’.’’ Pub. L. 106–555, title II, § 201, Dec. 21, 2000, 114 Stat. 2767, provided that: ‘‘This title [enacting section 1421f–1 of this title, amending sections 1362, 1421g, 1421h, 1433, and 1434 of this title, enacting provisions set out as notes under sections 917a and 1433 of this title, and amending provisions set out as a note under section 1855 of this title] may be cited as the ‘Marine Mammal Rescue Assistance Act of 2000’.’’ SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–42, § 1(a), Aug. 15, 1997, 111 Stat. 1122, pro- vided that: ‘‘This Act [enacting sections 962, 1412, 1413, 1414a to 1416 of this title, amending sections 952, 953, 1362, 1371, 1374, 1378, 1380, 1385, 1411, and 1417 of this title, repealing sections 1412 to 1416 and 1418 of this title, and enacting provisions set out as notes under this section and section 1362 of this title] may be cited as the ‘International Dolphin Conservation Program Act’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–238, § 1, Apr. 30, 1994, 108 Stat. 532, provided that: ‘‘This Act [enacting sections 1386 to 1389 of this title, amending this section and sections 1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384, 1407, 1421 to 1421h, and 4107 of this title, repealing sections 1384 and 1407 of this title, and enacting provisions set out as notes under this section and sections 1362, 1374, 1538, and 1539 of this title] may be cited as the ‘Marine Mammal Protection Act Amendments of 1994’.’’ SHORT TITLE OF 1992 AMENDMENTS Pub. L. 102–587, title III, § 3001, Nov. 4, 1992, 106 Stat. 5059, provided that: ‘‘This title [enacting subchapter V of this chapter, amending sections 1362, 1372, 1379, and 1382 of this title and section 183c of Title 46, Appendix, Shipping, and enacting provisions set out as notes under sections 1421 and 1421a of this title] may be cited as the ‘Marine Mammal Health and Stranding Response Act’.’’ Pub. L. 102–523, § 1, Oct. 26, 1992, 106 Stat. 3425, pro- vided that: ‘‘This Act [enacting subchapter IV of this chapter and amending sections 952, 953, 973r, and 1362 of this title] may be cited as the ‘International Dolphin Conservation Act of 1992’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–711, § 1, Nov. 23, 1988, 102 Stat. 4755, pro- vided: ‘‘That this Act [enacting sections 1383a and 1383b of this title, amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402, and 1407 of this title and section 1978 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as a note under this section, and amending provisions set out as a note under section 1384 of this title] may be cited as the ‘Marine Mammal Protection Act Amendments of 1988’.’’ SHORT TITLE Pub. L. 92–522, § 1, Oct. 21, 1972, 86 Stat. 1027, provided in part that: ‘‘This Act [enacting this chapter] may be cited as the ‘Marine Mammal Protection Act of 1972’.’’ REGULATIONS Pub. L. 103–238, § 15(b), Apr. 30, 1994, 108 Stat. 559, pro- vided that: ‘‘Except as provided otherwise in this Act [see Short Title of 1994 Amendment note above], or the amendments to the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the Sec- retary of Commerce or the Secretary of the Interior, as appropriate, shall, after notice and opportunity for public comment, promulgate regulations to implement this Act and the amendments made by this Act by Jan- uary 1, 1995.’’ PURPOSES AND FINDINGS Pub. L. 105–42, § 2, Aug. 15, 1997, 111 Stat. 1122, pro- vided that: Page 1765 TITLE 16—CONSERVATION § 1362 ‘‘(a) PURPOSES.—The purposes of this Act [see Short Title of 1997 Amendment note above] are— ‘‘(1) to give effect to the Declaration of Panama, signed October 4, 1995, by the Governments of Belize, Colombia, Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the United States of Amer- ica, Vanuatu, and Venezuela, including the establish- ment of the International Dolphin Conservation Pro- gram, relating to the protection of dolphins and other species, and the conservation and management of tuna in the eastern tropical Pacific Ocean; ‘‘(2) to recognize that nations fishing for tuna in the eastern tropical Pacific Ocean have achieved sig- nificant reductions in dolphin mortality associated with that fishery; and ‘‘(3) to eliminate the ban on imports of tuna from those nations that are in compliance with the Inter- national Dolphin Conservation Program. ‘‘(b) FINDINGS.—The Congress finds that— ‘‘(1) the nations that fish for tuna in the eastern tropical Pacific Ocean have achieved significant re- ductions in dolphin mortality associated with the purse seine fishery from hundreds of thousands annu- ally to fewer than 5,000 annually; ‘‘(2) the provisions of the Marine Mammal Protec- tion Act of 1972 [16 U.S.C. 1361 et seq.] that impose a ban on imports from nations that fish for tuna in the eastern tropical Pacific Ocean have served as an in- centive to reduce dolphin mortalities; ‘‘(3) tuna canners and processors of the United States have led the canning and processing industry in promoting a dolphin-safe tuna market; and ‘‘(4) 12 signatory nations to the Declaration of Pan- ama, including the United States, agreed under that Declaration to require that the total annual dolphin mortality in the purse seine fishery for yellowfin tuna in the eastern tropical Pacific Ocean not exceed 5,000 animals, with the objective of progressively re- ducing dolphin mortality to a level approaching zero through the setting of annual limits and with the goal of eliminating dolphin mortality.’’ RELATIONSHIP OF MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994 TO OTHER LAW Pub. L. 103–238, § 2(b), Apr. 30, 1994, 108 Stat. 532, pro- vided that: ‘‘Except as otherwise expressly provided, nothing in this Act [see Short Title of 1994 Amendment note above] is intended to amend, repeal, or otherwise affect any other provision of law.’’ INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE Pub. L. 103–238, § 14, Apr. 30, 1994, 108 Stat. 558, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1994 Amendment note above], including any amendments to the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.] made by this Act— ‘‘(1) alters or is intended to alter any treaty be- tween the United States and one or more Indian tribes; or ‘‘(2) affects or otherwise modifies the provisions of section 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(b)), except as specifically pro- vided in the amendment made by section 4(b) of this Act [amending section 1371 of this title].’’ STUDY ON EFFECTS OF DOLPHIN FEEDING Pub. L. 102–567, title III, § 306, Oct. 29, 1992, 106 Stat. 4284, directed Secretary of Commerce to conduct a study in the eastern Gulf of Mexico on the effects of feeding of noncaptive dolphins by human beings, such study to be designed to detect any behavior or diet modification resulting from this feeding and to identify the effects, if any, of these modifications on the health and well-being of the dolphins, directed Secretary to consult with National Academy of Sciences and Marine Mammal Commission in design and conduct of the study, and directed Secretary, within 18 months after Oct. 29, 1992, to submit to Congress a report on results of the study. STUDY ON MORTALITY OF ATLANTIC DOLPHIN Pub. L. 100–711, § 7, Nov. 23, 1988, 102 Stat. 4771, di- rected Secretary of Commerce to conduct a study re- garding east coast epidemic during 1987 and 1988 which caused substantial mortality within North Atlantic coastal population of Atlantic bottle-nosed dolphin, such study to examine (1) cause or causes of epidemic, (2) effect of epidemic on coastal and offshore popu- lations of Atlantic bottle-nosed dolphin, (3) extent to which pollution may have contributed to epidemic, (4) whether other species and populations of marine mam- mals were affected by those factors which contributed to epidemic, and (5) any other matters pertaining to causes and effects of epidemic, with Secretary to sub- mit on or before Jan. 1, 1989, to Committee on Com- merce, Science, and Transportation of the Senate and Committee on Merchant Marine and Fisheries of the House of Representatives a plan for conducting the study. INTERNATIONAL DISCUSSION TO ADVANCE UNDERSTANDING OF CETACEAN LIFE Pub. L. 95–426, title VI, § 602, Oct. 7, 1978, 92 Stat. 985, provided that: ‘‘It is the sense of the Congress that the President should convey to all countries having an in- terest in cetacean sea life the serious concern of the Congress regarding the continuing destruction of these marine mammals (highlighted by the recent slaughter of dolphins in the Sea of Japan by Japanese fishermen) and should encourage such countries— ‘‘(1) to join in international discussions with other such countries in order to advance general under- standing of cetacean life and thereby facilitate an ef- fective use of the living marine resources of the world which does not jeopardize the natural balance of the aquatic environment; ‘‘(2) to participate in an exchange of information with the National Marine Fisheries Service of the United States Department of Commerce, including cooperation in studies of— ‘‘(A) the impact of cetaceans on ecologically re- lated human foodstuffs, and ‘‘(B) alternative methods of dealing with cetacean problems as they occur; ‘‘(3) to cooperate in establishing an international cetacean commission to advance understanding of ce- tacean life and to insure the effective conservation and protection of cetaceans on a global scale; and ‘‘(4) to adopt comprehensive marine mammal pro- tection legislation.’’ § 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 pop- ulation stock is below its optimum sustain- able population; (B) a State, to which authority for the con- servation and management of a species or pop- ulation stock is transferred under section 1379 of this title, determines that such species or stock is below its optimum sustainable popu- lation; 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 et seq.]. (2) The terms ‘‘conservation’’ and ‘‘manage- ment’’ mean the collection and application of bi- ological information for the purposes of increas-