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Title 16 — Conservation

Chapter 31 — Marine Mammal Protection

§ 1382. Regulations and administration

Statutory text

(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 directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this subchapter.

(c)

Contracts, leases, and cooperative agreements

The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions 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 institution, or other person.

(d)

Annual review; suspension of program

The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on lands. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest 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 recommendations for such legislation as he deems necessary and appropriate to resolve the problem.

(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 ecological 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 measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public comment.

Footnotes

  1. 1 So in original.

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. Marine Mammal Protection Act of 1972

    Pub. L. 92–522 title I § 112 · 86 Stat. 1027

    Enacted · 16 U.S.C. § 1382

    Pub. L. 92–522, title I, § 112, Oct. 21, 1972, 86 Stat. 1042

    Source evidence

    Code source credit
    Pub. L. 92–522, title I, § 112, Oct. 21, 1972, 86 Stat. 1042

    Enacted provision · exact public law section
    Sec. 112. regulations and administration (a) 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 title. (b) Each Federal agency is authorized and directed to cooperate with the Secretary, in such manner as may be mutually agreeable, in carrying out the purposes of this title. (c) The Secretary may enter into such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the purposes of this title and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person. (d) The Secretary shall review annually the operation of each program in which the United States participates involving the taking of marine mammals on land. If at any time the Secretary finds that any such program cannot be administered on lands owned by the United States or in which the United States has an interest in a manner consistent Report to Congress. with the purposes of policies of this Act, he shall suspend the operation of that program and shall forthwith submit to Congress his reasons for such suspension, together with recommendations for such legislation as he deems necessary and appropriate to resolve the problem.

  2. Congressional Reports Elimination Act of 1980

    Pub. L. 96–470 title II § 201(e) · 94 Stat. 2237

    Substituted · 16 U.S.C. § 1382(d)

    Pub. L. 96–470 substituted “include in the annual report to the public and the Congress required under section 1373(f) of this title” for “forthwith submit to Congress”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–470 substituted “include in the annual report to the public and the Congress required under section 1373(f) of this title” for “forthwith submit to Congress”.

    Enacted provision · exact public law section
    (e) Section 112(d) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1382(d); 86 Stat. 1042), is amended by striking out “forthwith submit to Congress” and inserting in lieu thereof “include in the annual report to the public and the Congress required under section 16 USC 1373. 103(f) of this Act”.

  3. Marine Mammal Health and Stranding Response Act

    Pub. L. 102–587 title III § 3004(a)(3) · 106 Stat. 5039

    Inserted · 16 U.S.C. § 1382(c)

    Pub. L. 102–587 inserted “or subchapter V” after “of this subchapter”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–587 inserted “or subchapter V” after “of this subchapter”.

    Enacted provision · exact public law section
    (3) in section 112(c) (16 U.S.C. 1382(c)) by inserting “or title III” after “this title”.

  4. Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 24(c)(11) · 108 Stat. 532

    Changed · 16 U.S.C. § 1382(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (11) in section 112(c) (16 U.S.C. 1382(c)) by striking “or title III” and inserting “or title IV”; and

  5. Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 7(a) · 108 Stat. 532

    Added · 16 U.S.C. § 1382(e)

    Pub. L. 103–238, § 7(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–238, § 7(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) Measures for Impacts on Strategic Stocks.— Section 112 (16 U.S.C. 1382) is amended by adding at the end the following new subsection: “(e) If the Secretary determines, based on a stock assessment under section 117 or other significant new information obtained under this Act, that impacts on rookeries, mating grounds, or other areas of similar ecological 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 measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate Federal agencies and after notice and opportunity for public comment.”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1980–1994 · 3 rounds

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 subchapter V” after “of this subchapter”.

1980

Subsec. (d). Pub. L. 96–470 substituted “include in the annual report to the public and the Congress required 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 , see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

Credits

1972–1994 · 4 acts
  1. 1972Pub. L. 92–522, title I, § 112, , 86 Stat. 1042
  2. 1980Pub. L. 96–470, title II, § 201(e), , 94 Stat. 2241
  3. 1992Pub. L. 102–587, title III, § 3004(a)(3), , 106 Stat. 5067
  4. 1994Pub. L. 103–238, §§ 7(a), 24(c)(11), , 108 Stat. 542, 566.
Show as published

(Pub. L. 92–522, title I, § 112, , 86 Stat. 1042; Pub. L. 96–470, title II, § 201(e), , 94 Stat. 2241; Pub. L. 102–587, title III, § 3004(a)(3), , 106 Stat. 5067; Pub. L. 103–238, §§ 7(a), 24(c)(11), , 108 Stat. 542, 566.)

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