§ 1380. Marine mammal research grants

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Mammal Protection Act of 1972

   Pub. L. 92–522 title I § 110 · 86 Stat. 1027

   Enacted · 16 U.S.C. § 1380

   Pub. L. 92–522, title I, § 110, Oct. 21, 1972, 86 Stat. 1041

   Source evidence

   Code source credit
   Pub. L. 92–522, title I, § 110, Oct. 21, 1972, 86 Stat. 1041

   Enacted provision · exact public law section
   Sec. 110. marine mammal research grants (a) The Secretary is authorized to make grants, or to provide financial assistance in such other form as he deems appropriate, to any Federal or State agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects which are relevant to the protection and conservation of marine mammals. (b) Any grant or other financial assistance provided by the Secretary pursuant to this section shall be subject to such terms and conditions as the Secretary deems necessary to protect the interests of the United States and shall be made after review by the Marine Mammal Commission. (c) There are authorized to be appropriated for the fiscal year in Appropriation. which this section takes effect and for the next four fiscal years thereafter such sums as may be necessary to carry out this section, but the Limitation. sums appropriated for any such year shall not exceed $2,500,000, one-third of such sum to be available to the Secretary of the Interior and two-thirds of such sum to be made available to the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating.

2. 1977

   Pub. L. 95–136 § 1 · 91 Stat. 1167

   1. Struck · 16 U.S.C. § 1380(c)

      Pub. L. 95–136 incorporated existing provisions into text preceding par. (1) and, as so incorporated, struck out provisions authorizing to be appropriated such sums as may be necessary to carry out this section for the fiscal year in which this section takes effect and the next four years thereafter, limiting appropriations for any one year to $2,500,000, and requiring that one-third of such sums be made available to the Secretary of the Interior and two-thirds of such sums be made available to the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating

   2. Added · 16 U.S.C. § 1380(c)

      Pub. L. 95–136 incorporated existing provisions into text preceding par. (1) and, as so incorporated, added pars. (1) to (3)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–136 incorporated existing provisions into text preceding par. (1) and, as so incorporated, struck out provisions authorizing to be appropriated such sums as may be necessary to carry out this section for the fiscal year in which this section takes effect and the next four years thereafter, limiting appropriations for any one year to $2,500,000, and requiring that one-third of such sums be made available to the Secretary of the Interior and two-thirds of such sums be made available to the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating, and added pars. (1) to (3).

   Enacted provision · exact public law section
   (1) by amending subsection (a) by inserting “, and not to exceed $11,500,000 for the fiscal year ending September 30, 1978,” immediately after “fiscal years”; and

3. 1978

   Pub. L. 95–316 § 2 · 92 Stat. 380

   Added · 16 U.S.C. § 1380(c)(4)(6)

   Pub. L. 95–316 added pars. (4) to (6)

   Source evidence

   Code amendment note
   Subsec. (c)(4) to (6). Pub. L. 95–316 added pars. (4) to (6).

   Enacted provision · exact public law section
   Sec. 2. Section 110(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1380(c)) is amended by adding at the end thereof the following new paragraphs: “(4) (A) $1,300,000 which shall be available to the Secretary of the Interior for the fiscal year ending September 30, 1979. “(B) $2,700,000 which shall be available to the Secretary of Commerce for the fiscal year ending September 30, 1979. “(5) (A) $1,500,000 which shall be available to the Secretary of the Interior for the fiscal year ending September 30, 1980. “(B) $2,700,000 which shall be available to the Secretary of Commerce for the fiscal year ending September 30, 1980. “(6) (A) $2,100,000 which shall be available to the Secretary of the Interior for the fiscal year ending September 30, 1981. “(B) $2,700,000 which shall be available to the Secretary of Commerce for the fiscal year ending September 30, 1981.”.

4. 1981

   Pub. L. 97–58 § 5 · 95 Stat. 979

   Changed · 16 U.S.C. § 1380(a)

   Pub. L. 97–58 directed the Secretary to undertake a program of research into new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals and directed that the Secretary include a description of the annual results of that research in the report required under section 1373(f) of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–58 directed the Secretary to undertake a program of research into new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals and directed that the Secretary include a description of the annual results of that research in the report required under section 1373(f) of this title.

   Enacted provision · exact public law section
   SEC. 5. MARINE MAMMAL RESEARCH. Section 110(a) of the Act of 1972 (16 U.S.C. 1380(a)) is amended by adding at the end thereof the following new sentences: “In carrying out this subsection, the Secretary shall undertake a program of, and shall provide financial assistance for, research into new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals. The Secretary shall include a description of the annual results of research carried out under this section in the report required under section 103(f).”. 16 USC 1373.

5. 1988

   Marine Mammal Protection Act Amendments of 1988

   Pub. L. 100–711 § 4(e) · 102 Stat. 4755

   1. Amended · 16 U.S.C. § 1380(a)

      Pub. L. 100–711 designated existing provisions as par. (1)

   2. Added · 16 U.S.C. § 1380(a)

      Pub. L. 100–711 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–711 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (e) Section 110(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1380(a)) is amended— (1) immediately before “The Secretary” at the beginning of the first sentence, by inserting “(1)”; and (2) by adding at the end the following new paragraph: “(2) For purposes of identifying appropriate research into promising Research and development. Contracts. new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals, the Secretary shall contract for an independent review of information pertaining to such potential alternative methods to be conducted by the National Academy of Sciences with individuals having scientific, technical, or other expertise that may be relevant to the identification of promising alternative fishing techniques. The Secretary shall request that Reports. the independent review be submitted to the Secretary on or before September 8, 1989, and the Secretary shall submit the report of the independent review, together with a proposed plan for research, development, and implementation of alternative fishing techniques, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives on or before December 5, 1989.”.

6. 1994

   Marine Mammal Protection Act Amendments of 1994

   Pub. L. 103–238 § 20 · 108 Stat. 532

   1. Added · 16 U.S.C. § 1380(c); 16 U.S.C. § 1380(d)

      Pub. L. 103–238 added subsecs. (c) and (d)

   2. Struck · 16 U.S.C. § 1380(c); 16 U.S.C. § 1380(d)

      Pub. L. 103–238 struck out former subsec. (c) which authorized appropriations to be made available to the Secretary of Commerce and the Secretary of the Interior for purposes of carrying out this section for fiscal year ending June 30, 1973, to fiscal year ending Sept. 30, 1981

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 103–238 added subsecs. (c) and (d) and struck out former subsec. (c) which authorized appropriations to be made available to the Secretary of Commerce and the Secretary of the Interior for purposes of carrying out this section for fiscal year ending June 30, 1973, to fiscal year ending Sept. 30, 1981.

   Enacted provision · exact public law section
   SEC. 20. MARINE ECOSYSTEM PROTECTION. Section 110 (16 U.S.C. 1380) is amended by striking subsection (c) and inserting the following: “(c) (1) No later than 1 year after the date of enactment of the Marine Mammal Protection Act Amendments of 1994, the Secretary of Commerce shall convene a regional workshop for the Gulf of Maine to assess human-caused factors affecting the health and stability of that marine ecosystem, of which marine mammals are a part. The workshop shall be conducted in consultation with the Marine Mammal Commission, the adjacent coastal States, individuals with expertise in marine mammal biology and ecology, representatives from environmental organizations, the fishing industry, and other appropriate persons. The goal of the workshop shall be to identify such factors, and to recommend a program of research and management to restore or maintain that marine ecosystem and its key components that— “(A) protects and encourages marine mammals to develop to the greatest extent feasible commensurate with sound policies of resource management; “(B) has as the primary management objective the maintenance of the health and stability of the marine ecosystems; “(C) ensures the fullest possible range of management options for future generations; and “(D) permits nonwasteful, environmentally sound development of renewable and nonrenewable resources. “(2) On or before December 31, 1995, the Secretary of Commerce Effective date. Reports. shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate a report containing the results of the workshop under this subsection, proposed regulatory or research actions, and recommended legislative action. “(d) (l) The Secretary of Commerce, in consultation with the Alaska Secretary of the Interior, the Marine Mammal Commission, the State of Alaska, and Alaska Native organizations, shall, not later than 180 days after the date of enactment of the Marine Mammal Protection Act Amendments of 1994, undertake a scientific research program to monitor the health and stability of the Bering Sea marine ecosystem and to resolve uncertainties concerning the causes of population declines of marine mammals, sea birds, and other living resources of that marine ecosystem. The program shall address the research recommendations developed by previous work-shops on Bering Sea living marine resources, and shall include research on subsistence uses of such resources and ways to provide for the continued opportunity for such uses. “(2) To the maximum extent practicable, the research program undertaken pursuant to paragraph (1) shall be conducted in Alaska. The Secretary of Commerce shall utilize, where appropriate, traditional local knowledge and may contract with a qualified Alaska Native organization to conduct such research. “(3) The Secretary of Commerce, the Secretary of the Interior, and the Commission shall address the status and findings of the research program in their annual reports to Congress required by sections 103(f) and 204 of this Act.”.

7. 1997

   International Dolphin Conservation Program Act

   Pub. L. 105–42 § 4(f) · 111 Stat. 1122

   1. Struck · 16 U.S.C. § 1380(a)

      Pub. L. 105–42 struck out “(1)” before “The Secretary is authorized”

   2. Struck · 16 U.S.C. § 1380(a)

      Pub. L. 105–42 struck out par. (2) which read as follows: “For purposes of identifying appropriate research into promising new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals, the Secretary shall contract for an independent review of information pertaining to such potential alternative methods to be conducted by the National Academy of Sciences with individuals having scientific, technical, or other expertise that may be relevant to the identification of promising alternative fishing techniques. The Secretary shall request that the independent review be submitted to the Secretary on or before September 8, 1989, and the Secretary shall submit the report of the independent review, together with a proposed plan for research, development, and implementation of alternative fishing techniques, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives on or before December 5, 1989.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–42 struck out “(1)” before “The Secretary is authorized” and struck out par. (2) which read as follows: “For purposes of identifying appropriate research into promising new methods of locating and catching yellowfin tuna without the incidental taking of marine mammals, the Secretary shall contract for an independent review of information pertaining to such potential alternative methods to be conducted by the National Academy of Sciences with individuals having scientific, technical, or other expertise that may be relevant to the identification of promising alternative fishing techniques. The Secretary shall request that the independent review be submitted to the Secretary on or before September 8, 1989, and the Secretary shall submit the report of the independent review, together with a proposed plan for research, development, and implementation of alternative fishing techniques, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives on or before December 5, 1989.”

   Enacted provision · exact public law section
   SEC. 4. AMENDMENTS TO TITLE I. (a) Exceptions to Moratorium.— Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended— (1) by inserting after the first sentence “Such authorizations may be granted under title III with respect to purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean, subject to regulations prescribed under that title by the Secretary without regard to section 103.”; and (2) by striking the semicolon in the second sentence and all that follows through “practicable”. (b) Documentation Required.— Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is further amended— (1) by striking subparagraph (B) and inserting the following: “(B) in the case of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentary evidence that— “(i) (I) the tuna or products therefrom were not banned from importation under this paragraph before the effective date of section 4 of the International Dolphin Conservation Program Act; or “(II) the tuna or products therefrom were harvested after the effective date of section 4 of the International Dolphin Conservation Program Act by vessels of a nation which participates in the International Dolphin Conservation Program, and such harvesting nation is either a member of the Inter-American Tropical Tuna Commission or has initiated (and within 6 months thereafter completed) all steps required of applicant nations, in accordance with article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization; “(ii) such nation is meeting the obligations of the International Dolphin Conservation Program and the obligations of membership in the Inter-American Tropical Tuna Commission, including all financial obligations; and “(iii) the total dolphin mortality limits, and perstock per-year dolphin mortality limits permitted for that nation’s vessels under the International Dolphin Conservation Program do not exceed the limits determined for 1997, or for any year thereafter, consistent with the objective of progressively reducing dolphin mortality to a level approaching zero through the setting of annual limits and the goal of eliminating dolphin mortality, and requirements of the International Dolphin Conservation Program;”; (2) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; (3) by inserting after subparagraph (B) the following: shall not accept such documentary evidence if— “(i) the government of the harvesting nation does not provide directly or authorize the Inter-American Tropical Tuna Commission to release complete and accurate information to the Secretary in a timely manner— “(I) to allow determination of compliance with the International Dolphin Conservation Program; and “(II) for the purposes of tracking and verifying compliance with the minimum requirements established by the Secretary in regulations promulgated under subsection (f) of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f)); or “(ii) after taking into consideration such information, findings of the Inter-American Tropical Tuna Commission, and any other relevant information, including information that a nation is consistently failing to take enforcement actions on violations which diminish the effectiveness of the International Dolphin Conservation Program, the Secretary, in consultation with the Secretary of State, finds that the harvesting nation is not in compliance with the International Dolphin Conservation Program ”; and (4) by striking “subparagraph (E)” in the matter after subparagraph (F), as redesignated by paragraph (2) of this subsection, and inserting “subparagraph (F)”. (c) Certain Incidental Takings.— Section 101 (16 U.S.C. 1371) is further amended by adding at the end the following new subsection: “(e) Act Not to Apply to Incidental Takings by United States Citizens Employed on Foreign Vessels Outside the United States EEZ.— The provisions of this Act shall not apply to a citizen of the United States who incidentally takes any marine mammal during fishing operations outside the United States exclusive economic zone (as denned in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) when employed on a foreign fishing vessel of a harvesting nation which is in compliance with the International Dolphin Conservation Program.”. (d) Permits.— Section 104(h) (16 U.S.C. 1374(h)) is amended to read as follows: “(h) General Permits.— “(1) Consistent with the regulations prescribed pursuant Regulations. to section 103 of this title and to the requirements of section 101 of this title, the Secretary may issue an annual permit to a United States purse seine fishing vessel for the taking of such marine mammals, and shall issue regulations to cover the use of any such annual permits. “(2) Such annual permits for the incidental taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall be governed by section 306 of this Act, subject to the regulations issued pursuant to section 303 of this Act.”. (e) International Negotiations.— Section 108(a)(2) (16 U.S.C. 1378(a)(2)) is amended— (1) by striking “and” at the end of subparagraph (A); (2) by inserting after subparagraph (B) the following: “(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 contributions to the expenses of the Inter-American Tropical Tuna Commission that is equitable to participating nations; and “(D) discussions with those countries participating, or likely to participate, in the International Dolphin Conservation Program, for the purpose of identifying sources of funds needed for research and other measures promoting effective protection of dolphins, other marine species, and the marine ecosystem;”. (D) Research Grants.— Section 110(a) (16 U.S.C. 1380(a)) is amended— (1) by striking “(1)” in paragraph (1); and (2) by striking paragraph (2).

   Effective date note
   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.

11 of 11 references resolved to an enrolled provision