16 U.S.C. § 1382 — Regulations and administration

Page 1793 TITLE 16—CONSERVATION § 1382 1 So in original. transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of ref- erences to Committee on Merchant Marine and Fish- eries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. § 1381. Commercial fisheries gear development (a) Research and development program; report to Congress; authorization of appropriations The Secretary of the department in which the National Oceanic and Atmospheric Administra- tion is operating (hereafter referred to in this section as the ‘‘Secretary’’) is hereby authorized and directed to immediately undertake a pro- gram of research and development for the pur- pose of devising improved fishing methods and gear so as to reduce to the maximum extent practicable the incidental taking of marine mammals in connection with commercial fish- ing. At the end of the full twenty-four calendar month period following October 21, 1972, the Sec- retary shall deliver his report in writing to the Congress with respect to the results of such re- search and development. For the purposes of this section, there is hereby authorized to be ap- propriated the sum of $1,000,000 for the fiscal year ending June 30, 1973, and the same amount for the next fiscal year. Funds appropriated for this section shall remain available until ex- pended. (b) Reduction of level of taking of marine mam- mals incidental to commercial fishing oper- ations The Secretary, after consultation with the Marine Mammal Commission, is authorized and directed to issue, as soon as practicable, such regulations, covering the twenty-four-month pe- riod referred to in section 1371(a)(2) of this title, as he deems necessary or advisable, to reduce to the lowest practicable level the taking of ma- rine mammals incidental to commercial fishing operations. Such regulations shall be adopted pursuant to section 553 of title 5. In issuing such regulations, the Secretary shall take into ac- count the results of any scientific research under subsection (a) of this section and, in each case, shall provide a reasonable time not exceed- ing four months for the persons affected to im- plement such regulations. (c) Reduction of level of taking of marine mam- mals in tuna fishery Additionally, the Secretary and Secretary of State are directed to commence negotiations within the Inter-American Tropical Tuna Com- mission in order to effect essential compliance with the regulatory provisions of this chapter so as to reduce to the maximum extent feasible the incidental taking of marine mammals by vessels involved in the tuna fishery. The Secretary and Secretary of State are further directed to re- quest the Director of Investigations of the Inter- American Tropical Tuna Commission to make recommendations to all member nations of the Commission as soon as is practicable as to the utilization of methods and gear devised under subsection (a) of this section. (d) Research and observation Furthermore, after timely notice and during the period of research provided in this section, duly authorized agents of the Secretary are hereby empowered to board and to accompany any commercial fishing vessel documented under the laws of the United States, there being space available, on a regular fishing trip for the purpose of conducting research or observing op- erations in regard to the development of im- proved fishing methods and gear as authorized by this section. Such research and observation shall be carried out in such manner as to mini- mize interference with fishing operations. The Secretary shall provide for the cost of quar- tering and maintaining such agents. No master, operator, or owner of such a vessel shall impair or in any way interfere with the research or ob- servation being carried out by agents of the Sec- retary pursuant to this section. (Pub. L. 92–522, title I, § 111, Oct. 21, 1972, 86 Stat. 1041.) 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. § 1382. Regulations and administration (a) Consultation with Federal agencies The Secretary, in consultation with any other Federal agency to the extent that such agency may be affected, shall prescribe such regulations as are necessary and appropriate to carry out the purposes of this subchapter. (b) Cooperation by Federal agencies Each Federal agency is authorized and di- rected to cooperate with the Secretary, in such manner as may be mutually agreeable, in car- rying out the purposes of this subchapter. (c) Contracts, leases, and cooperative agree- ments The Secretary may enter into such contracts, leases, cooperative agreements, or other trans- actions as may be necessary to carry out the purposes of this subchapter or subchapter V and on such terms as he deems appropriate with any Federal or State agency, public or private insti- tution, or other person. (d) Annual review; suspension of program The Secretary shall review annually the oper- ation of each program in which the United States participates involving the taking of ma- rine mammals on lands. If at any time the Sec- retary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an in- terest in a manner consistent with the purposes of 1 policies of this chapter, he shall suspend the operation of that program and shall include in the annual report to the public and the Congress required under section 1373(f) of this title his reasons for such suspension, together with rec- ommendations for such legislation as he deems necessary and appropriate to resolve the prob- lem. 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-