§ 1381. — Commercial fisheries gear development.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1381]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1381. Commercial fisheries gear development
(a) Research and development program; report to Congress; authorization
of appropriations
The Secretary of the department in which the National Oceanic and
Atmospheric Administration is operating (hereafter referred to in this
section as the ``Secretary'') is hereby authorized and directed to
immediately undertake a program of research and development for the
purpose of devising improved fishing methods and gear so as to reduce to
the maximum extent practicable the incidental taking of marine mammals
in connection with commercial fishing. At the end of the full twenty-
four calendar month period following October 21, 1972, the Secretary
shall deliver his report in writing to the Congress with respect to the
results of such research and development. For the purposes of this
section, there is hereby authorized to be appropriated the sum of
$1,000,000 for the fiscal year ending June 30, 1973, and the same amount
for the next fiscal year. Funds appropriated for this section shall
remain available until expended.
(b) Reduction of level of taking of marine mammals incidental to
commercial fishing operations
The Secretary, after consultation with the Marine Mammal Commission,
is authorized and directed to issue, as soon as practicable, such
regulations, covering the twenty-four-month period referred to in
section 1371(a)(2) of this title, as he deems necessary or advisable, to
reduce to the lowest practicable level the taking of marine mammals
incidental to commercial fishing operations. Such regulations shall be
adopted pursuant to section 553 of title 5. In issuing such regulations,
the Secretary shall take into account the results of any scientific
research under subsection (a) of this section and, in each case, shall
provide a reasonable time not exceeding four months for the persons
affected to implement such regulations.
(c) Reduction of level of taking of marine mammals in tuna fishery
Additionally, the Secretary and Secretary of State are directed to
commence negotiations within the Inter-American Tropical Tuna Commission
in order to effect essential compliance with the regulatory provisions
of this chapter so as to reduce to the maximum extent feasible the
incidental taking of marine mammals by vessels involved in the tuna
fishery. The Secretary and Secretary of State are further directed to
request the Director of Investigations of the Inter-American Tropical
Tuna Commission to make recommendations to all member nations of the
Commission as soon as is practicable as to the utilization of methods
and gear devised under subsection (a) of this section.
(d) Research and observation
Furthermore, after timely notice and during the period of research
provided in this section, duly authorized agents of the Secretary are
hereby empowered to board and to accompany any commercial fishing vessel
documented under the laws of the United States, there being space
available, on a regular fishing trip for the purpose of conducting
research or observing operations in regard to the development of
improved fishing methods and gear as authorized by this section. Such
research and observation shall be carried out in such manner as to
minimize interference with fishing operations. The Secretary shall
provide for the cost of quartering and maintaining such agents. No
master, operator, or owner of such a vessel shall impair or in any way
interfere with the research or observation being carried out by agents
of the Secretary pursuant to this section.
(Pub. L. 92-522, title I, Sec. 111, Oct. 21, 1972, 86 Stat. 1041.)
Section Referred to in Other Sections
This section is referred to in sections 1371, 1372 of this title.
