Laws: Cases and Codes : U.S. Code : Title 16
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U.S. Code as of:
01/19/04
Chapter 31 - Notes
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.
(d) Good Samaritan exemption.
(e) Chapter not to apply to incidental takings by
United States citizens employed on foreign
vessels outside United States EEZ.
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.
1375. Penalties.
1375a. Use of fines for protection and recovery of manatees,
polar bears, sea otters, and walruses.
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) Secretarial findings.
(h) Certification by captain and observer.
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. Omitted.
1405. Coordination with other Federal agencies.
1406. Administration.
1407. Authorization of appropriations.
SUBCHAPTER IV - INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
1411. Findings and policy.
(a) Findings.
(b) Policy.
1412. International Dolphin Conservation Program.
1413. Regulatory authority of Secretary.
(a) Regulations.
(b) Consultation.
(c) Emergency regulations.
1414. Repealed.
1414a. Research.
(a) Required research.
(b) Other research.
(c) Authorization of appropriations.
1415. Reports by Secretary.
1416. Permits.
(a) In general.
(b) Permit sanctions.
1417. Prohibitions.
(a) In general.
(b) Penalties.
(c) Civil forfeitures.
1418. Repealed.
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.
1421f-1. John H. Prescott Marine Mammal Rescue Assistance Grant
Program.
(a) In general.
(b) Application.
(c) Consultation.
(d) Limitation.
(e) Matching requirement.
(f) Administrative expenses.
(g) Definitions.
(h) Authorization of appropriations.
1421g. Authorization of appropriations.
1421h. Definitions.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1375a, 1543, 1881, 1881a,
1881b, 2407, 2408, 3125, 6406 of this title; title 10 section 7524.
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