Laws: Cases and Codes : U.S. Code : Title 16 : Section 1414a


   
U.S. Code as of: 01/19/04
Section 1414a. Research

    (a) Required research
      (1) In general
        The Secretary shall, in consultation with the Marine Mammal
      Commission and the Inter-American Tropical Tuna Commission,
      conduct a study of the effect of intentional encirclement
      (including chase) on dolphins and dolphin stocks incidentally
      taken in the course of purse seine fishing for yellowfin tuna in
      the eastern tropical Pacific Ocean. The study, which shall
      commence on October 1, 1997, shall consist of abundance surveys
      as described in paragraph (2) and stress studies as described in
      paragraph (3), and shall address the question of whether such
      encirclement is having a significant adverse impact on any
      depleted dolphin stock in the eastern tropical Pacific Ocean.
      (2) Population abundance surveys
        The abundance surveys under this subsection shall survey the
      abundance of such depleted stocks and shall be conducted during
      each of the calendar years 1998, 1999, and 2000.
      (3) Stress studies
        The stress studies under this subsection shall include - 
          (A) a review of relevant stress-related research and a 3-year
        series of necropsy samples from dolphins obtained by commercial
        vessels;
          (B) a 1-year review of relevant historical demographic and
        biological data related to dolphins and dolphin stocks referred
        to in paragraph (1); and
          (C) an experiment involving the repeated chasing and
        capturing of dolphins by means of intentional encirclement.
      (4) Report
        No later than 90 days after publishing the finding under
      subsection (g)(2) of section 1385 of this title, the Secretary
      shall complete and submit a report containing the results of the
      research described in this subsection to the United States Senate
      Committee on Commerce, Science, and Transportation and the United
      States House of Representatives Committees on Resources and on
      Commerce, and to the Inter-American Tropical Tuna Commission.
    (b) Other research
      (1) In general
        In addition to conducting the research described in subsection
      (a) of this section, the Secretary shall, in consultation with
      the Marine Mammal Commission and in cooperation with the nations
      participating in the International Dolphin Conservation Program
      and the Inter-American Tropical Tuna Commission, undertake or
      support appropriate scientific research to further the goals of
      the International Dolphin Conservation Program.
      (2) Specific areas of research
        Research carried out under paragraph (1) may include - 
          (A) projects to devise cost-effective fishing methods and
        gear so as to reduce, with the goal of eliminating, the
        incidental mortality and serious injury of marine mammals in
        connection with commercial purse seine fishing in the eastern
        tropical Pacific Ocean;
          (B) projects to develop cost-effective methods of fishing for
        mature yellowfin tuna without setting nets on dolphins or other
        marine mammals;
          (C) projects to carry out stock assessments for those marine
        mammal species and marine mammal stocks taken in the purse
        seine fishery for yellowfin tuna in the eastern tropical
        Pacific Ocean, including species or stocks not within waters
        under the jurisdiction of the United States; and
          (D) projects to determine the extent to which the incidental
        take of nontarget species, including juvenile tuna, occurs in
        the course of purse seine fishing for yellowfin tuna in the
        eastern tropical Pacific Ocean, the geographic location of the
        incidental take, and the impact of that incidental take on tuna
        stocks and nontarget species.
    (c) Authorization of appropriations
      (1) There are authorized to be appropriated to the Secretary the
    following amounts, to be used by the Secretary to carry out the
    research described in subsection (a) of this section:
        (A) $4,000,000 for fiscal year 1998.
        (B) $3,000,000 for fiscal year 1999.
        (C) $4,000,000 for fiscal year 2000.
        (D) $1,000,000 for fiscal year 2001.

      (2) In addition to the amount authorized to be appropriated under
    paragraph (1), there are authorized to be appropriated to the
    Secretary for carrying out this section $3,000,000 for each of the
    fiscal years 1998, 1999, 2000, and 2001.



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