§ 1378. — International program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1378]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 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.
(Pub. L. 92-522, title I, Sec. 108, Oct. 21, 1972, 86 Stat. 1038; Pub.
L. 100-711, Sec. 4(b), (c), Nov. 23, 1988, 102 Stat. 4766, 4767; Pub. L.
105-42, Sec. 4(e), Aug. 15, 1997, 111 Stat. 1125.)
Amendments
1997--Subsecs. (a)(2)(C), (D). Pub. L. 105-42 added subpars. (C) and
(D).
1988--Subsec. (a)(2). Pub. L. 100-711, Sec. 4(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``initiate
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 of marine mammal, for the purpose of entering into
bilateral and multilateral treaties with such countries to protect
marine mammals. The Secretary of State shall prepare a draft agenda
relating to this matter for discussion at appropriate international
meetings and forums;''.
Subsec. (c). Pub. L. 100-711, Sec. 4(c), added subsec. (c).
Effective Date of 1997 Amendment
For effective date of amendment by Pub. L. 105-42, see section 8 of
Pub. L. 105-42, set out as a note under section 1362 of this title.
