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U.S. Code as of:
01/19/04
Section 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 multilateral 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 engaged in, commercial fishing operations which are
found by the Secretary to be unduly 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 marine mammals, with the Secretary of State to prepare
a draft agenda relating to this matter for discussion at
appropriate international 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 multilateral institutions as may be appropriate,
international arrangements for the conservation of marine
mammals taken incidentally in the course of harvesting such
tuna, which should include provisions for (i) cooperative
research into alternative methods of locating and catching
yellowfin tuna which do not involve the taking of marine
mammals, (ii) cooperative research on the status of affected
marine mammal population stocks, (iii) reliable monitoring of
the number, rate, and species of marine mammals taken by
vessels of harvesting nations, (iv) limitations on incidental
take levels based upon the best scientific information
available, 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 insignificant 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 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;
(3) encourage such other agreements to promote the purposes of
this chapter with other nations for the protection of specific
ocean and land regions which are of special significance 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 purposes and policies of this
chapter;
(5) seek the convening of an international ministerial meeting
on marine mammals before July 1, 1973, for the purposes of (A)
the negotiation of a binding international convention 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 Mammal Commission
established by section 1401 of this title, undertake a study of
the North Pacific 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
provisions of the North Pacific Fur Seal Convention signed on
February 9, 1957, as extended (hereafter referred to in this
subsection as the "Convention"), to determine what modifications,
if any, should be made to the provisions of the Convention, or of
this chapter, or both, to make the Convention and this chapter
consistent with each other.
The Secretary shall complete the studies required under this
paragraph not later than one year after October 21, 1972, and shall
immediately 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 modifications of the Convention are
desirable to make it and this chapter consistent;
he shall, through the Secretary of State, immediately initiate
negotiations to modify the Convention 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 sustainable population, or
(ii) make the Convention and this chapter consistent; or both, as
the case may be. If negotiations to so modify the Convention 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) of this section, 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.
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