16 USC Ch. 31: Front Matter
From Title 16-CONSERVATIONCHAPTER 31-MARINE MAMMAL PROTECTION
CHAPTER 31-MARINE MAMMAL PROTECTION
SUBCHAPTER I-GENERALLY
Sec.
1361.
Congressional findings and declaration of policy.
1362.
Definitions.
SUBCHAPTER II-CONSERVATION AND PROTECTION OF MARINE MAMMALS
1371.
Moratorium on taking and importing marine mammals and marine mammal products.
(a)
Imposition; exceptions.
(b)
Exemptions for Alaskan natives.
(c)
Taking in defense of self or others.
1372.
Prohibitions.
(a)
Taking.
(b)
Importation of pregnant or nursing mammals; depleted species or stock; inhumane taking.
(c)
Importation of illegally taken mammals.
(d)
Nonapplicability of prohibitions.
(e)
Retroactive effect.
(f)
Commercial taking of whales.
1373.
Regulations on taking of marine mammals.
(a)
Necessity and appropriateness.
(b)
Factors considered in prescribing regulations.
(c)
Allowable restrictions.
(d)
Procedure.
(e)
Periodic review.
(f)
Report to Congress.
1374.
Permits.
(a)
Issuance.
(b)
Requisite provisions.
(c)
Importation for scientific research, public display, or enhancing survival or recovery of species or stock.
(d)
Application procedures; notice; hearing; review.
(e)
Modification, suspension, and revocation.
(f)
Possession of permit by issuee or his agent.
(g)
Fees.
(h)
General permits; extension of general permit to American Tunaboat Association; monitoring of incidental taking of marine mammals.
1375.
Penalties.
1376.
Seizure and forfeiture of cargo.
(a)
Application of consistent provisions.
(b)
Penalties.
(c)
Reward for information leading to conviction.
1377.
Enforcement.
(a)
Utilization of personnel.
(b)
State officers and employees.
(c)
Warrants and other process for enforcement.
(d)
Execution of process; arrest; search; seizure.
(e)
Disposition of seized cargo.
1378.
International program.
(a)
Duties of Secretary.
(b)
Consultations and studies concerning North Pacific fur seals.
(c)
Description of annual results of discussions; proposals for further action.
1379.
Transfer of management authority.
(a)
State enforcement of State laws or regulations prohibited without transfer to State of management authority by Secretary.
(b)
Findings prerequisite to transfer of authority; State program; implementation.
(c)
Standards with which State process must comply.
(d)
Cooperative allocation agreements.
(e)
Revocation of transfer of management authority.
(f)
Transfer of management authority to State of Alaska.
(g)
Environmental impact statement not required.
(h)
Taking of marine mammals as part of official duties.
(i)
Regulations covering taking of marine mammals by Alaskan natives.
(j)
Grants to develop or administer State conservation and management programs.
(k)
Delegation of administration and enforcement to States.
(l)
Authorization of appropriations.
1380.
Marine mammal research grants.
(a)
Authorization; research concerning yellowfin tuna; annual report.
(b)
Terms and conditions.
(c)
Gulf of Maine ecosystem protection.
(d)
Bering Sea ecosystem protection.
1381.
Commercial fisheries gear development.
(a)
Research and development program; report to Congress; authorization of appropriations.
(b)
Reduction of level of taking of marine mammals incidental to commercial fishing operations.
(c)
Reduction of level of taking of marine mammals in tuna fishery.
(d)
Research and observation.
1382.
Regulations and administration.
(a)
Consultation with Federal agencies.
(b)
Cooperation by Federal agencies.
(c)
Contracts, leases and cooperative agreements.
(d)
Annual review; suspension of program.
(e)
Measures to alleviate impacts on strategic stocks.
1383.
Application to other treaties and conventions.
(a)
Generally; findings; waiver of penalties.
(b)
Review of effectiveness of Agreement on the Conservation of Polar Bears.
(c)
Review of implementation of Agreement on the Conservation of Polar Bears; report.
(d)
Consultation regarding conservation of polar bears in Russia and Alaska; report.
1383a.
Interim exemption for commercial fisheries.
(a)
Effective and termination dates of preemptive provisions; law governing incidental taking of marine mammals in course of commercial yellowfin tuna fishing.
(b)
Proposed and final list of fisheries taking marine mammals; publication in Federal Register; grant of exemption; conditions; suspension of grant of exemption; administration of exemption provisions; fees.
(c)
Compilation of information by vessel owners; contents.
(d)
Program for enhancement and verification of information received from vessel owners; confidentiality of information.
(e)
Observers on board exempted vessels; confidentiality of information; authorization of appropriations.
(f)
Alternative observation program.
(g)
Review of information and evaluation of effects of incidental taking on population stocks of marine mammals; promulgation of emergency regulations to mitigate immediate and significant adverse impacts; action to mitigate non-immediate impacts.
(h)
Information and management system for processing and analyzing reports and information; accessibility to public.
(i)
Utilization of services of State and Federal agencies and private entities.
(j)
Confidentiality of information; exceptions.
(k)
Regulations.
(l)
Suggested regime governing incidental taking of marine mammals following termination of interim exemptions.
(m)
Consultation with Secretary of the Interior.
(n)
Owner of fixed commercial fishing gear deemed owner of vessel engaged in fishery in which gear deployed.
(o)
Definitions.
1383b.
Status review; conservation plans.
(a)
Determinations by rule; notice and hearing; findings; final rule on status of species or stock involved.
(b)
Conservation plans; preparation and implementation.
1384.
Authorization of appropriations.
(a)
Department of Commerce.
(b)
Department of the Interior.
1385.
Dolphin protection.
(a)
Short title.
(b)
Findings.
(c)
Definitions.
(d)
Labeling standard.
(e)
Enforcement.
(f)
Regulations.
(g)
Omitted.
(h)
Negotiations.
(i)
Effective date.
1386.
Stock assessments.
(a)
In general.
(b)
Public comment.
(c)
Review and revision.
(d)
Regional scientific review groups.
(e)
Effect on section 1371(b) of this title.
1387.
Taking of marine mammals incidental to commercial fishing operations.
(a)
In general.
(b)
Zero mortality rate goal.
(c)
Registration and authorization.
(d)
Monitoring of incidental takes.
(e)
Reporting requirement.
(f)
Take reduction plans.
(g)
Emergency regulations.
(h)
Penalties.
(i)
Assistance.
(j)
Contributions.
(k)
Consultation with Secretary of the Interior.
(l)
Definitions.
1388.
Marine mammal cooperative agreements in Alaska.
(a)
In general.
(b)
Grants.
(c)
Effect of jurisdiction.
(d)
Authorization of appropriations.
1389.
Pacific Coast Task Force; Gulf of Maine.
(a)
Pinniped removal authority.
(b)
Application.
(c)
Actions in response to application.
(d)
Considerations.
(e)
Limitation.
(f)
California sea lions and Pacific harbor seals; investigation and report.
(g)
Regionwide pinniped-fishery interaction study.
(h)
Gulf of Maine Task Force.
(i)
Requirements applicable to task forces.
(j)
Gulf of Maine harbor porpoise.
SUBCHAPTER III-MARINE MAMMAL COMMISSION
1401.
Establishment.
(a)
Designation.
(b)
Membership and term of office.
(c)
Chairman.
(d)
Compensation; reimbursement for travel expenses.
(e)
Executive Director.
1402.
Duties of Commission.
(a)
Reports and recommendations.
(b)
Consultation with Secretary; reports to Secretary before publication.
(c)
Availability of reports for public inspection.
(d)
Recommendations; explanation for nonadoption.
1403.
Committee of Scientific Advisors on Marine Mammals.
(a)
Establishment; membership.
(b)
Compensation; reimbursement for travel expenses.
(c)
Consultation with Commission on studies and recommendations; explanation for nonadoption.
1404.
Reports.
1405.
Coordination with other Federal agencies.
1406.
Administration.
1407.
Authorization of appropriations.
SUBCHAPTER IV-GLOBAL MORATORIUM TO PROHIBIT CERTAIN TUNA HARVESTING PRACTICES
1411.
Findings and policy.
(a)
Findings.
(b)
Policy.
1412.
International agreements to establish global moratorium to prohibit certain tuna harvesting practices.
(a)
In general.
(b)
Terms of agreement.
(c)
Compliance by United States with moratorium.
1413.
Research programs.
(a)
In general.
(b)
Limitations on dolphin mortality.
(c)
Funding.
(d)
Review of research proposals.
1414.
Reviews, reports, and recommendations.
(a)
Reports by Secretary.
(b)
Recommendations of Secretary.
1415.
International commitments.
(a)
Limitation on application of ban on imports.
(b)
Subsequent bans on fish and fish product imports for failure to comply with commitments.
(c)
Reviews and reports.
1416.
Permits for taking dolphins.
(a)
Additional restrictions under general permit.
(b)
Permits required for taking dolphins for research purposes.
(c)
"Major purse seine tuna fishing country" defined.
1417.
Prohibitions.
(a)
In general.
(b)
Penalties.
(c)
Civil forfeitures.
(d)
Dolphin safe tuna.
1418.
Authorization of appropriations.
SUBCHAPTER V-MARINE MAMMAL HEALTH AND STRANDING RESPONSE
1421.
Establishment of Program.
(a)
Establishment.
(b)
Purposes.
1421a.
Determination; data collection and dissemination.
(a)
Determination for release.
(b)
Collection.
(c)
Availability.
1421b.
Stranding response agreements.
(a)
In general.
(b)
Required provision.
(c)
Review.
1421c.
Unusual mortality event response.
(a)
Response.
(b)
Contingency plan.
(c)
Onsite coordinators.
1421d.
Unusual mortality event activity funding.
(a)
Establishment of Fund.
(b)
Uses.
(c)
Deposits into Fund.
(d)
Acceptance of donations.
1421e.
Liability.
(a)
In general.
(b)
Limitation.
1421f.
National Marine Mammal Tissue Bank and tissue analysis.
(a)
Tissue Bank.
(b)
Tissue analysis.
(c)
Data base.
(d)
Access.
1421g.
Authorization of appropriations.
1421h.
Definitions.
Chapter Referred to in Other Sections
This chapter is referred to in sections 1543, 1853, 2407, 2408, 3125 of this title; title 10 section 7524.