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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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