16 U.S.C. § 1378 — International program

Page 1786 TITLE 16—CONSERVATION § 1378 1 So in original. Probably should be ‘‘within’’. disposition by him in such manner as he deems appropriate. Any other property or item so seized may, at the discretion of the court, be forfeited to the United States or otherwise dis- posed of. (4) If with respect to any marine mammal or marine mammal product or other cargo so seized— (A) a civil penalty is assessed under section 1375(a) of this title and no judicial action is commenced to obtain the forfeiture of such mammal or product within thirty days after such assessment, such marine mammal or ma- rine mammal product or other cargo shall be immediately returned to the owner or the con- signee; or (B) no conviction results from an alleged violation of section 1375(b) of this title, such marine mammal or marine mammal product or other cargo shall immediately be returned to the owner or consignee if the Secretary does not, with 1 thirty days after the final dis- position of the case involving such alleged vio- lation, commence proceedings for the assess- ment of a civil penalty under section 1375(a) of this title. (Pub. L. 92–522, title I, § 107, Oct. 21, 1972, 86 Stat. 1037; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 109–479, title IX, § 902(c), Jan. 12, 2007, 120 Stat. 3665.) Editorial Notes AMENDMENTS 2007—Subsec. (d)(2). Pub. L. 109–479 substituted ‘‘ves- sel, other conveyance, or container’’ for ‘‘vessel or other conveyance’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Manage- ment (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 1378. International program (a) Duties of Secretary The Secretary, through the Secretary of State, shall— (1) initiate negotiations as soon as possible for the development of bilateral or multilat- eral agreements with other nations for the protection and conservation of all marine mammals covered by this chapter; (2) initiate— (A) negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies en- gaged in, commercial fishing operations which are found by the Secretary to be un- duly harmful to any species or population stock of marine mammal, for the purpose of entering into bilateral and multilateral treaties with such countries to protect ma- rine mammals, with the Secretary of State to prepare a draft agenda relating to this matter for discussion at appropriate inter- national meetings and forums; (B) discussions with foreign governments whose vessels harvest yellowfin tuna with purse seines in the eastern tropical Pacific Ocean, for the purpose of concluding, through the Inter-American Tropical Tuna Commission or such other bilateral or multi- lateral institutions as may be appropriate, international arrangements for the con- servation of marine mammals taken inciden- tally in the course of harvesting such tuna, which should include provisions for (i) coop- erative research into alternative methods of locating and catching yellowfin tuna which do not involve the taking of marine mam- mals, (ii) cooperative research on the status of affected marine mammal population stocks, (iii) reliable monitoring of the num- ber, rate, and species of marine mammals taken by vessels of harvesting nations, (iv) limitations on incidental take levels based upon the best scientific information avail- able, and (v) the use of the best marine mammal safety techniques and equipment that are economically and technologically practicable to reduce the incidental kill and serious injury of marine mammals to insig- nificant levels approaching a zero mortality and serious injury rate; (C) negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna Commission (1 U.S.T. 230; TIAS 2044) which will incorporate— (i) the conservation and management provisions agreed to by the nations which have signed the Declaration of Panama and in the Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement, as opened for signature on December 4, 1995; and (ii) a revised schedule of annual con- tributions to the expenses of the Inter- American Tropical Tuna Commission that is equitable to participating nations; and (D) discussions with those countries par- ticipating, or likely to participate, in the International Dolphin Conservation Pro- gram, for the purpose of identifying sources of funds needed for research and other meas- ures promoting effective protection of dol- phins, other marine species, and the marine ecosystem; Page 1787 TITLE 16—CONSERVATION § 1379 (3) encourage such other agreements to pro- mote the purposes of this chapter with other nations for the protection of specific ocean and land regions which are of special signifi- cance to the health and stability of marine mammals; (4) initiate the amendment of any existing international treaty for the protection and conservation of any species of marine mammal to which the United States is a party in order to make such treaty consistent with the pur- poses and policies of this chapter; (5) seek the convening of an international ministerial meeting on marine mammals be- fore July 1, 1973, for the purposes of (A) the ne- gotiation of a binding international conven- tion for the protection and conservation of all marine mammals, and (B) the implementation of paragraph (3) of this section; and (6) provide to the Congress by not later than one year after October 21, 1972, a full report on the results of his efforts under this section. (b) Consultations and studies concerning North Pacific fur seals (1) In addition to the foregoing, the Secretary shall— (A) in consultation with the Marine Mam- mal Commission established by section 1401 of this title, undertake a study of the North Pa- cific fur seals to determine whether herds of such seals subject to the jurisdiction of the United States are presently at their optimum sustainable population and what population trends are evident; and (B) in consultation with the Secretary of State, promptly undertake a comprehensive study of the provisions of this chapter, as they relate to North Pacific fur seals, and the pro- visions of the North Pacific Fur Seal Conven- tion signed on February 9, 1957, as extended (hereafter referred to in this subsection as the ‘‘Convention’’), to determine what modifica- tions, if any, should be made to the provisions of the Convention, or of this chapter, or both, to make the Convention and this chapter con- sistent with each other. The Secretary shall complete the studies re- quired under this paragraph not later than one year after October 21, 1972, and shall imme- diately provide copies thereof to Congress. (2) If the Secretary finds— (A) as a result of the study required under paragraph (1)(A) of this subsection, that the North Pacific fur seal herds are below their optimum sustainable population and are not trending upward toward such level, or have reached their optimum sustainable population but are commencing a downward trend, and believes the herds to be in danger of depletion; or (B) as a result of the study required under paragraph (1)(B) of this subsection, that modi- fications of the Convention are desirable to make it and this chapter consistent; he shall, through the Secretary of State, imme- diately initiate negotiations to modify the Con- vention so as to (i) reduce or halt the taking of seals to the extent required to assure that such herds attain and remain at their optimum sus- tainable population, or (ii) make the Convention and this chapter consistent; or both, as the case may be. If negotiations to so modify the Conven- tion are unsuccessful, the Secretary shall, through the Secretary of State, take such steps as may be necessary to continue the existing Convention beyond its present termination date so as to continue to protect and conserve the North Pacific fur seals and to prevent a return to pelagic sealing. (c) Description of annual results of discussions; proposals for further action The Secretary shall include a description of the annual results of discussions initiated and conducted pursuant to subsection (a)(2)(B), as well as any proposals for further action to achieve the purposes of that subsection, in the report required under section 1373(f) of this title. (Pub. L. 92–522, title I, § 108, Oct. 21, 1972, 86 Stat. 1038; Pub. L. 100–711, § 4(b), (c), Nov. 23, 1988, 102 Stat. 4766, 4767; Pub. L. 105–42, § 4(e), Aug. 15, 1997, 111 Stat. 1125.) Editorial Notes AMENDMENTS 1997—Subsecs. (a)(2)(C), (D). Pub. L. 105–42 added sub- pars. (C) and (D). 1988—Subsec. (a)(2). Pub. L. 100–711, § 4(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘initiate negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which are found by the Secretary to be unduly harmful to any species of marine mammal, for the purpose of entering into bilateral and multilat- eral treaties with such countries to protect marine mammals. The Secretary of State shall prepare a draft agenda relating to this matter for discussion at appro- priate international meetings and forums;’’. Subsec. (c). Pub. L. 100–711, § 4(c), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title. 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. § 1379. Transfer of management authority (a) State enforcement of State laws or regula- tions prohibited without transfer to State of management authority by Secretary No State may enforce, or attempt to enforce, any State law or regulation relating to the tak- ing of any species (which term for purposes of this section includes any population stock) of marine mammal within the State unless the Secretary has transferred authority for the con- servation and management of that species (here- inafter referred to in this section as ‘‘manage- ment authority’’) to the State under subsection (b)(1). (b) Findings prerequisite to transfer of author- ity; State program; implementation (1) Subject to paragraph (2) and subsection (f) of this section, the Secretary shall transfer