§ 1361. — Congressional findings and declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1361]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER I--GENERALLY
Sec. 1361. Congressional findings and declaration of policy
The Congress finds that--
(1) certain species and population stocks of marine mammals are,
or may be, in danger of extinction or depletion as a result of man's
activities;
(2) such species and population stocks should not be permitted
to diminish beyond the point at which they cease to be a significant
functioning element in the ecosystem of which they are a part, and,
consistent with this major objective, they should not be permitted
to diminish below their optimum sustainable population. Further
measures should be immediately taken to replenish any species or
population stock which has already diminished below that population.
In particular, efforts should be made to protect essential habitats,
including the rookeries, mating grounds, and areas of similar
significance for each species of marine mammal from the adverse
effect of man's actions;
(3) there is inadequate knowledge of the ecology and population
dynamics of such marine mammals and of the factors which bear upon
their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage
the development of international arrangements for research on, and
conservation of, all marine mammals;
(5) marine mammals and marine mammal products either--
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner
which is important to other animals and animal products which
move in interstate commerce,
and that the protection and conservation of marine mammals and their
habitats is therefore necessary to insure the continuing
availability of those products which move in interstate commerce;
and
(6) marine mammals have proven themselves to be resources of
great international significance, esthetic and recreational as well
as economic, and it is the sense of the Congress that they should be
protected and encouraged to develop to the greatest extent feasible
commensurate with sound policies of resource management and that the
primary objective of their management should be to maintain the
health and stability of the marine ecosystem. Whenever consistent
with this primary objective, it should be the goal to obtain an
optimum sustainable population keeping in mind the carrying capacity
of the habitat.
(Pub. L. 92-522, Sec. 2, Oct. 21, 1972, 86 Stat. 1027; Pub. L. 97-58,
Sec. 1(b)(1), Oct. 9, 1981, 95 Stat. 979; Pub. L. 103-238, Sec. 3, Apr.
30, 1994, 108 Stat. 532.)
Amendments
1994--Par. (2). Pub. L. 103-238, Sec. 3(1), inserted ``essential
habitats, including'' after ``made to protect''.
Par. (5). Pub. L. 103-238, Sec. 3(2), inserted ``and their
habitats'' before ``is therefore necessary'' in concluding provisions.
1981--Par. (6). Pub. L. 97-58 substituted ``carrying capacity'' for
``optimum carrying capacity''.
Effective Date
Section 4 of Pub. L. 92-522 provided that: ``The provisions of this
Act [enacting this chapter] shall take effect upon the expiration of the
sixty-day period following the date of its enactment [Oct. 21, 1972].''
Short Title of 2000 Amendment
Pub. L. 106-555, Sec. 1, Dec. 21, 2000, 114 Stat. 2765, provided
that: ``This Act [enacting section 1421f-1 of this title, amending
sections 1362, 1421g, 1421h, 1433, 1434, 5101 to 5103, 5106, 5107a to
5108, and 5156 of this title, enacting provisions set out as notes under
this section and sections 917a, 1433, 5101, and 5107 of this title, and
amending provisions set out as a note under section 1855 of this title]
may be cited as the `Striped Bass Conservation, Atlantic Coastal
Fisheries Management, and Marine Mammal Rescue Assistance Act of
2000'.''
Pub. L. 106-555, title II, Sec. 201, Dec. 21, 2000, 114 Stat. 2767,
provided that: ``This title [enacting section 1421f-1 of this title,
amending sections 1362, 1421g, 1421h, 1433, and 1434 of this title,
enacting provisions set out as notes under sections 917a and 1433 of
this title, and amending provisions set out as a note under section 1855
of this title] may be cited as the `Marine Mammal Rescue Assistance Act
of 2000'.''
Short Title of 1997 Amendment
Pub. L. 105-42, Sec. 1(a), Aug. 15, 1997, 111 Stat. 1122, provided
that: ``This Act [enacting sections 962, 1412, 1413, 1414a to 1416 of
this title, amending sections 952, 953, 1362, 1371, 1374, 1378, 1380,
1385, 1411, and 1417 of this title, repealing sections 1412 to 1416 and
1418 of this title, and enacting provisions set out as notes under this
section and section 1362 of this title] may be cited as the
`International Dolphin Conservation Program Act'.''
Short Title of 1994 Amendment
Section 1 of Pub. L. 103-238 provided that: ``This Act [enacting
sections 1386 to 1389 of this title, amending this section and sections
1362, 1371, 1372, 1374, 1375, 1379, 1380, 1382 to 1384, 1407, 1421 to
1421h, and 4107 of this title, repealing sections 1384 and 1407 of this
title, and enacting provisions set out as notes under this section and
sections 1362, 1374, 1538, and 1539 of this title] may be cited as the
`Marine Mammal Protection Act Amendments of 1994'.''
Short Title of 1992 Amendments
Pub. L. 102-587, title III, Sec. 3001, Nov. 4, 1992, 106 Stat. 5059,
provided that: ``This title [enacting subchapter V of this chapter,
amending sections 1362, 1372, 1379, and 1382 of this title and section
183c of Title 46, Appendix, Shipping, and enacting provisions set out as
notes under sections 1421 and 1421a of this title] may be cited as the
`Marine Mammal Health and Stranding Response Act'.''
Pub. L. 102-523, Sec. 1, Oct. 26, 1992, 106 Stat. 3425, provided
that: ``This Act [enacting subchapter IV of this chapter and amending
sections 952, 953, 973r, and 1362 of this title] may be cited as the
`International Dolphin Conservation Act of 1992'.''
Short Title of 1988 Amendment
Pub. L. 100-711, Sec. 1, Nov. 23, 1988, 102 Stat. 4755, provided:
``That this Act [enacting sections 1383a and 1383b of this title,
amending sections 1166, 1371, 1372, 1374, 1378 to 1380, 1384, 1402, and
1407 of this title and section 1978 of Title 22, Foreign Relations and
Intercourse, enacting provisions set out as a note under this section,
and amending provisions set out as a note under section 1384 of this
title] may be cited as the `Marine Mammal Protection Act Amendments of
1988'.''
Short Title
Section 1 of Pub. L. 92-522 provided in part that: ``This Act
[enacting this chapter] may be cited as the `Marine Mammal Protection
Act of 1972'.''
Regulations
Section 15(b) of Pub. L. 103-238 provided that: ``Except as provided
otherwise in this Act [see Short Title of 1994 Amendment note above], or
the amendments to the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.) made by this Act, the Secretary of Commerce or the
Secretary of the Interior, as appropriate, shall, after notice and
opportunity for public comment, promulgate regulations to implement this
Act and the amendments made by this Act by January 1, 1995.''
Purposes and Findings
Pub. L. 105-42, Sec. 2, Aug. 15, 1997, 111 Stat. 1122, provided
that:
``(a) Purposes.--The purposes of this Act [see Short Title of 1997
Amendment note above] are--
``(1) to give effect to the Declaration of Panama, signed
October 4, 1995, by the Governments of Belize, Colombia, Costa Rica,
Ecuador, France, Honduras, Mexico, Panama, Spain, the United States
of America, Vanuatu, and Venezuela, including the establishment of
the International Dolphin Conservation Program, relating to the
protection of dolphins and other species, and the conservation and
management of tuna in the eastern tropical Pacific Ocean;
``(2) to recognize that nations fishing for tuna in the eastern
tropical Pacific Ocean have achieved significant reductions in
dolphin mortality associated with that fishery; and
``(3) to eliminate the ban on imports of tuna from those nations
that are in compliance with the International Dolphin Conservation
Program.
``(b) Findings.--The Congress finds that--
``(1) the nations that fish for tuna in the eastern tropical
Pacific Ocean have achieved significant reductions in dolphin
mortality associated with the purse seine fishery from hundreds of
thousands annually to fewer than 5,000 annually;
``(2) the provisions of the Marine Mammal Protection Act of 1972
[16 U.S.C. 1361 et seq.] that impose a ban on imports from nations
that fish for tuna in the eastern tropical Pacific Ocean have served
as an incentive to reduce dolphin mortalities;
``(3) tuna canners and processors of the United States have led
the canning and processing industry in promoting a dolphin-safe tuna
market; and
``(4) 12 signatory nations to the Declaration of Panama,
including the United States, agreed under that Declaration to
require that the total annual dolphin mortality in the purse seine
fishery for yellowfin tuna in the eastern tropical Pacific Ocean not
exceed 5,000 animals, with the objective of progressively reducing
dolphin mortality to a level approaching zero through the setting of
annual limits and with the goal of eliminating dolphin mortality.''
Relationship of Marine Mammal Protection Act Amendments of 1994 to Other
Law
Section 2(b) of Pub. L. 103-238 provided that: ``Except as otherwise
expressly provided, nothing in this Act [see Short Title of 1994
Amendment note above] is intended to amend, repeal, or otherwise affect
any other provision of law.''
Indian Treaty Rights; Alaska Native Subsistence
Section 14 of Pub. L. 103-238 provided that: ``Nothing in this Act
[see Short Title of 1994 Amendment note above], including any amendments
to the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.]
made by this Act--
``(1) alters or is intended to alter any treaty between the
United States and one or more Indian tribes; or
``(2) affects or otherwise modifies the provisions of section
101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371(b)), except as specifically provided in the amendment made by
section 4(b) of this Act [amending section 1371 of this title].''
Study on Effects of Dolphin Feeding
Pub. L. 102-567, title III, Sec. 306, Oct. 29, 1992, 106 Stat. 4284,
directed Secretary of Commerce to conduct a study in the eastern Gulf of
Mexico on the effects of feeding of noncaptive dolphins by human beings,
such study to be designed to detect any behavior or diet modification
resulting from this feeding and to identify the effects, if any, of
these modifications on the health and well-being of the dolphins,
directed Secretary to consult with National Academy of Sciences and
Marine Mammal Commission in design and conduct of the study, and
directed Secretary, within 18 months after Oct. 29, 1992, to submit to
Congress a report on results of the study.
Study on Mortality of Atlantic Dolphin
Pub. L. 100-711, Sec. 7, Nov. 23, 1988, 102 Stat. 4771, directed
Secretary of Commerce to conduct a study regarding east coast epidemic
during 1987 and 1988 which caused substantial mortality within North
Atlantic coastal population of Atlantic bottle-nosed dolphin, such study
to examine (1) cause or causes of epidemic, (2) effect of epidemic on
coastal and offshore populations of Atlantic bottle-nosed dolphin, (3)
extent to which pollution may have contributed to epidemic, (4) whether
other species and populations of marine mammals were affected by those
factors which contributed to epidemic, and (5) any other matters
pertaining to causes and effects of epidemic, with Secretary to submit
on or before Jan. 1, 1989, to Committee on Commerce, Science, and
Transportation of the Senate and Committee on Merchant Marine and
Fisheries of the House of Representatives a plan for conducting the
study.
International Discussion To Advance Understanding of Cetacean Life
Pub. L. 95-426, title VI, Sec. 602, Oct. 7, 1978, 92 Stat. 985,
provided that: ``It is the sense of the Congress that the President
should convey to all countries having an interest in cetacean sea life
the serious concern of the Congress regarding the continuing destruction
of these marine mammals (highlighted by the recent slaughter of dolphins
in the Sea of Japan by Japanese fishermen) and should encourage such
countries--
``(1) to join in international discussions with other such
countries in order to advance general understanding of cetacean life
and thereby facilitate an effective use of the living marine
resources of the world which does not jeopardize the natural balance
of the aquatic environment;
``(2) to participate in an exchange of information with the
National Marine Fisheries Service of the United States Department of
Commerce, including cooperation in studies of--
``(A) the impact of cetaceans on ecologically related human
foodstuffs, and
``(B) alternative methods of dealing with cetacean problems
as they occur;
``(3) to cooperate in establishing an international cetacean
commission to advance understanding of cetacean life and to insure
the effective conservation and protection of cetaceans on a global
scale; and
``(4) to adopt comprehensive marine mammal protection
legislation.''
Section Referred to in Other Sections
This section is referred to in sections 1371, 1372, 1373 of this
title.
