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U.S. Code as of:
01/19/04
Section 1413. Regulatory authority of Secretary
(a) Regulations
(1) The Secretary shall issue regulations, and revise those
regulations as may be appropriate, to implement the International
Dolphin Conservation Program.
(2)(A) The Secretary shall issue regulations to authorize and
govern the taking of marine mammals in the eastern tropical Pacific
Ocean, including any species of marine mammal designated as
depleted under this chapter but not listed as endangered or
threatened under the Endangered Species Act (16 U.S.C. 1531 et
seq.), by vessels of the United States participating in the
International Dolphin Conservation Program.
(B) Regulations issued under this section shall include
provisions -
(i) requiring observers on each vessel;
(ii) requiring use of the backdown procedure or other
procedures equally or more effective in avoiding mortality of, or
serious injury to, marine mammals in fishing operations;
(iii) prohibiting intentional sets on stocks and schools in
accordance with the International Dolphin Conservation Program;
(iv) requiring the use of special equipment, including dolphin
safety panels in nets, monitoring devices as identified by the
International Dolphin Conservation Program to detect unsafe
fishing conditions that may cause high incidental dolphin
mortality before nets are deployed by a tuna vessel, operable
rafts, speedboats with towing bridles, floodlights in operable
condition, and diving masks and snorkels;
(v) ensuring that the backdown procedure during sets of purse
seine net on marine mammals is completed and rolling of the net
to sack up has begun no later than 30 minutes before sundown;
(vi) banning the use of explosive devices in all purse seine
operations;
(vii) establishing per vessel maximum annual dolphin mortality
limits, total dolphin mortality limits and per-stock per-year
mortality limits in accordance with the International Dolphin
Conservation Program;
(viii) preventing the making of intentional sets on dolphins
after reaching either the vessel maximum annual dolphin mortality
limits, total dolphin mortality limits, or per-stock per-year
mortality limits;
(ix) preventing the fishing on dolphins by a vessel without an
assigned vessel dolphin mortality limit;
(x) allowing for the authorization and conduct of experimental
fishing operations, under such terms and conditions as the
Secretary may prescribe, for the purpose of testing proposed
improvements in fishing techniques and equipment that may reduce
or eliminate dolphin mortality or serious injury do not require
the encirclement of dolphins in the course of commercial
yellowfin tuna fishing;
(xi) authorizing fishing within the area covered by the
International Dolphin Conservation Program by vessels of the
United States without the use of special equipment or nets if the
vessel takes an observer and does not intentionally deploy nets
on, or encircle, dolphins, under such terms and conditions as the
Secretary may prescribe; and
(xii) containing such other restrictions and requirements as
the Secretary determines are necessary to implement the
International Dolphin Conservation Program with respect to
vessels of the United States.
(C) Adjustments to requirements. - The Secretary may make such
adjustments as may be appropriate to requirements of subparagraph
(B) that pertain to fishing gear, vessel equipment, and fishing
practices to the extent the adjustments are consistent with the
International Dolphin Conservation Program.
(b) Consultation
In developing any regulation under this section, the Secretary
shall consult with the Secretary of State, the Marine Mammal
Commission, and the United States Commissioners to the
Inter-American Tropical Tuna Commission appointed under section 952
of this title.
(c) Emergency regulations
(1) If the Secretary determines, on the basis of the best
scientific information available (including research conducted
under section 1414a of this title and information obtained under
the International Dolphin Conservation Program) that the incidental
mortality and serious injury of marine mammals authorized under
this subchapter is having, or is likely to have, a significant
adverse impact on a marine mammal stock or species, the Secretary
shall -
(A) notify the Inter-American Tropical Tuna Commission of his
or her determination, along with recommendations to the
Commission as to actions necessary to reduce incidental mortality
and serious injury and mitigate such adverse impact; and
(B) prescribe emergency regulations to reduce incidental
mortality and serious injury and mitigate such adverse impact.
(2) Before taking action under subparagraph (A) or (B) of
paragraph (1), the Secretary shall consult with the Secretary of
State, the Marine Mammal Commission, and the United States
Commissioners to the Inter-American Tropical Tuna Commission.
(3) Emergency regulations prescribed under this subsection -
(A) shall be published in the Federal Register, together with
an explanation thereof;
(B) shall remain in effect for the duration of the applicable
fishing year; and
(C) may be terminated by the Secretary at an earlier date by
publication in the Federal Register of a notice of termination if
the Secretary determines that the reasons for the emergency
action no longer exist.
(4) If the Secretary finds that the incidental mortality and
serious injury of marine mammals in the yellowfin tuna fishery in
the eastern tropical Pacific Ocean is continuing to have a
significant adverse impact on a stock or species, the Secretary may
extend the emergency regulations for such additional periods as may
be necessary.
(5) Within 120 days after the Secretary notifies the United
States Commissioners to the Inter-American Tropical Tuna Commission
of the Secretary's determination under paragraph (1)(A), the United
States Commissioners shall call for a special meeting of the
Commission to address the actions necessary to reduce incidental
mortality and serious injury and mitigate the adverse impact which
resulted in the determination. The Commissioners shall report the
results of the special meeting in writing to the Secretary and to
the Secretary of State. In their report, the Commissioners shall -
(A) include a description of the actions taken by the
harvesting nations or under the International Dolphin
Conservation Program to reduce the incidental mortality and
serious injury and measures to mitigate the adverse impact on the
marine mammal species or stock;
(B) indicate whether, in their judgment, the actions taken
address the problem adequately; and
(C) if they indicate that the actions taken do not address the
problem adequately, include recommendations of such additional
action to be taken as may be necessary.
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