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 Repealed.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. Research (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 en- circlement (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 de- scribed 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 de- pleted dolphin stock in the eastern tropical Pacific Ocean. (2) Population abundance surveys The abundance surveys under this sub- section shall survey the abundance of such de- pleted 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 re- search and a 3-year series of necropsy sam- ples 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, 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 Com- merce, Science, and Transportation and the United States House of Representatives Com- mittees on Resources and on Commerce, and to the Inter-American Tropical Tuna Commis- sion. (b) Other research (1) In general In addition to conducting the research de- scribed in subsection (a), the Secretary shall, in consultation with the Marine Mammal Commission and in cooperation with the na- tions participating in the International Dol- phin Conservation Program and the Inter- American Tropical Tuna Commission, under- take or support appropriate scientific research to further the goals of the International Dol- phin 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 meth- ods 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 ma- rine mammal stocks taken in the purse seine fishery for yellowfin tuna in the east- ern tropical Pacific Ocean, including species or stocks not within waters under the juris- diction of the United States; and (D) projects to determine the extent to which the incidental take of nontarget spe- cies, 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 Page 1829 TITLE 16—CONSERVATION § 1416 by the Secretary to carry out the research de- scribed 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 au- thorized 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. (Pub. L. 92–522, title III, § 304, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1133.) Editorial Notes PRIOR PROVISIONS A prior section 304 of Pub. L. 92–522 was classified to section 1414 of this title prior to repeal by Pub. L. 105–42. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance gen- erally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 1415. Reports by Secretary Notwithstanding section 1373(f) of this title, the Secretary shall submit annual reports to the Congress which include— (1) results of research conducted pursuant to section 1414a of this title; (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 ju- venile yellowfin tuna and bycatch of nontar- get species; (4) a description of the activities of the International Dolphin Conservation Program and of the efforts of the United States in sup- port of the Program’s goals and objectives, in- cluding the protection of dolphin stocks in the eastern tropical Pacific Ocean, and an assess- ment of the effectiveness of the Program; (5) actions taken by the Secretary under sec- tion 1371(a)(2)(B) of this title and section 1371(d) of this title; (6) copies of any relevant resolutions and de- cisions 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. (Pub. L. 92–522, title III, § 305, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1134.) Editorial Notes PRIOR PROVISIONS A prior section 1415, Pub. L. 92–522, title III, § 305, as added Pub. L. 102–523, § 2(a), Oct. 26, 1992, 106 Stat. 3428, related to international commitments, prior to repeal by Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1130. A prior section 305 of Pub. L. 92–522 was renumbered section 405 and is classified to section 1421d 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. § 1416. Permits (a) In general (1) Consistent with the regulations issued pur- suant to section 1413 of this title, the Secretary shall issue a permit to a vessel of the United States authorizing participation in the Inter- national Dolphin Conservation Program and may require a permit for the person actually in charge of and controlling the fishing operation of the vessel. The Secretary shall prescribe such procedures as are necessary to carry out this subsection, including requiring the submission of— (A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; and (B) the tonnage, hold capacity, speed, proc- essing equipment, and type and quantity of gear, including an inventory of special equip- ment required under section 1413 of this title, with respect to each vessel. (2) The Secretary is authorized to charge a fee for granting an authorization and issuing a per- mit under this section. The level of fees charged under this paragraph may not exceed the admin- istrative cost incurred in granting an authoriza- tion and issuing a permit. Fees collected under this paragraph shall be available to the Under Secretary of Commerce for Oceans and Atmos- phere for expenses incurred in granting author- izations and issuing permits under this section. (3) After the effective date of the International Dolphin Conservation Program Act, no vessel of the United States shall operate in the yellowfin tuna fishery in the eastern tropical Pacific Ocean without a valid permit issued under this section. (b) Permit sanctions (1) In any case in which— (A) a vessel for which a permit has been issued under this section has been used in the commission of an act prohibited under section 1417 of this title; (B) the owner or operator of any such vessel or any other person who has applied for or been issued a permit under this section has acted in violation of section 1417 of this title; or (C) any civil penalty or criminal fine im- posed on a vessel, owner or operator of a ves- sel, or other person who has applied for or been issued a permit under this section has not been paid or is overdue, the Secretary may— (i) revoke any permit with respect to such vessel, with or without prejudice to the issuance of subsequent permits; (ii) suspend such permit for a period of time considered by the Secretary to be appropriate; (iii) deny such permit; or (iv) impose additional conditions or restric- tions on any permit issued to, or applied for