§ 1380. — Marine mammal research grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1380]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1380. Marine mammal research grants
(a) Authorization; research concerning yellowfin tuna; annual report
The Secretary is authorized to make grants, or to provide financial
assistance in such other form as he deems appropriate, to any Federal or
State agency, public or private institution, or other person for the
purpose of assisting such agency, institution, or person to undertake
research in subjects which are relevant to the protection and
conservation of marine mammals. In carrying out this subsection, the
Secretary shall undertake a program of, and shall provide financial
assistance for, research into new methods of locating and catching
yellowfin tuna without the incidental taking of marine mammals. The
Secretary shall include a description of the annual results of research
carried out under this section in the report required under section
1373(f) of this title.
(b) Terms and conditions
Any grant or other financial assistance provided by the Secretary
pursuant to this section shall be subject to such terms and conditions
as the Secretary deems necessary to protect the interests of the United
States and shall be made after review by the Marine Mammal Commission.
(c) Gulf of Maine ecosystem protection
(1) No later than 1 year after April 30, 1994, the Secretary of
Commerce shall convene a regional workshop for the Gulf of Maine to
assess human-caused factors affecting the health and stability of that
marine ecosystem, of which marine mammals are a part. The workshop shall
be conducted in consultation with the Marine Mammal Commission, the
adjacent coastal States, individuals with expertise in marine mammal
biology and ecology, representatives from environmental organizations,
the fishing industry, and other appropriate persons. The goal of the
workshop shall be to identify such factors, and to recommend a program
of research and management to restore or maintain that marine ecosystem
and its key components that--
(A) protects and encourages marine mammals to develop to the
greatest extent feasible commensurate with sound policies of
resource management;
(B) has as the primary management objective the maintenance of
the health and stability of the marine ecosystems;
(C) ensures the fullest possible range of management options for
future generations; and
(D) permits nonwasteful, environmentally sound development of
renewable and nonrenewable resources.
(2) On or before December 31, 1995, the Secretary of Commerce shall
submit to the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate a report containing the results of the
workshop under this subsection, proposed regulatory or research actions,
and recommended legislative action.
(d) Bering Sea ecosystem protection
(1) The Secretary of Commerce, in consultation with the Secretary of
the Interior, the Marine Mammal Commission, the State of Alaska, and
Alaska Native organizations, shall, not later than 180 days after April
30, 1994, undertake a scientific research program to monitor the health
and stability of the Bering Sea marine ecosystem and to resolve
uncertainties concerning the causes of population declines of marine
mammals, sea birds, and other living resources of that marine ecosystem.
The program shall address the research recommendations developed by
previous workshops on Bering Sea living marine resources, and shall
include research on subsistence uses of such resources and ways to
provide for the continued opportunity for such uses.
(2) To the maximum extent practicable, the research program
undertaken pursuant to paragraph (1) shall be conducted in Alaska. The
Secretary of Commerce shall utilize, where appropriate, traditional
local knowledge and may contract with a qualified Alaska Native
organization to conduct such research.
(3) The Secretary of Commerce, the Secretary of the Interior, and
the Commission shall address the status and findings of the research
program in their annual reports to Congress required by sections 1373(f)
and 1404 of this title.\1\
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\1\ See References in Text note below.
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(Pub. L. 92-522, title I, Sec. 110, Oct. 21, 1972, 86 Stat. 1041; Pub.
L. 95-136, Sec. 1, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 95-316, Sec. 2,
July 10, 1978, 92 Stat. 380; Pub. L. 97-58, Sec. 5, Oct. 9, 1981, 95
Stat. 986; Pub. L. 100-711, Sec. 4(e), Nov. 23, 1988, 102 Stat. 4768;
Pub. L. 103-238, Sec. 20, Apr. 30, 1994, 108 Stat. 560; Pub. L. 105-42,
Sec. 4(f), Aug. 15, 1997, 111 Stat. 1125.)
References in Text
Provisions of section 1373(f) of this title requiring annual reports
to Congress, referred to in subsec. (d)(3), terminated, effective May
15, 2000. See Termination of Reporting Requirements note set out under
section 1373 of this title.
Section 1404 of this title, referred to in subsec. (d)(3), was
omitted from the Code.
Amendments
1997--Subsec. (a). Pub. L. 105-42 struck out ``(1)'' before ``The
Secretary is authorized'' and struck out par. (2) which read as follows:
``For purposes of identifying appropriate research into promising new
methods of locating and catching yellowfin tuna without the incidental
taking of marine mammals, the Secretary shall contract for an
independent review of information pertaining to such potential
alternative methods to be conducted by the National Academy of Sciences
with individuals having scientific, technical, or other expertise that
may be relevant to the identification of promising alternative fishing
techniques. The Secretary shall request that the independent review be
submitted to the Secretary on or before September 8, 1989, and the
Secretary shall submit the report of the independent review, together
with a proposed plan for research, development, and implementation of
alternative fishing techniques, to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives on or before December 5,
1989.''
1994--Subsecs. (c), (d). Pub. L. 103-238 added subsecs. (c) and (d)
and struck out former subsec. (c) which authorized appropriations to be
made available to the Secretary of Commerce and the Secretary of the
Interior for purposes of carrying out this section for fiscal year
ending June 30, 1973, to fiscal year ending Sept. 30, 1981.
1988--Subsec. (a). Pub. L. 100-711 designated existing provisions as
par. (1) and added par. (2).
1981--Subsec. (a). Pub. L. 97-58 directed the Secretary to undertake
a program of research into new methods of locating and catching
yellowfin tuna without the incidental taking of marine mammals and
directed that the Secretary include a description of the annual results
of that research in the report required under section 1373(f) of this
title.
1978--Subsec. (c)(4) to (6). Pub. L. 95-316 added pars. (4) to (6).
1977--Subsec. (c). Pub. L. 95-136 incorporated existing provisions
into text preceding par. (1) and, as so incorporated, struck out
provisions authorizing to be appropriated such sums as may be necessary
to carry out this section for the fiscal year in which this section
takes effect and the next four years thereafter, limiting appropriations
for any one year to $2,500,000, and requiring that one-third of such
sums be made available to the Secretary of the Interior and two-thirds
of such sums be made available to the Secretary of the department in
which the National Oceanic and Atmospheric Administration is operating,
and added pars. (1) to (3).
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.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and Fisheries,
see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding
section 21 of Title 2, The Congress.
