§ 1382. — Regulations and administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1382]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1382. Regulations and administration
(a) Consultation with Federal agencies
The Secretary, in consultation with any other Federal agency to the
extent that such agency may be affected, shall prescribe such
regulations as are necessary and appropriate to carry out the purposes
of this subchapter.
(b) Cooperation by Federal agencies
Each Federal agency is authorized and directed to cooperate with the
Secretary, in such manner as may be mutually agreeable, in carrying out
the purposes of this subchapter.
(c) Contracts, leases, and cooperative agreements
The Secretary may enter into such contracts, leases, cooperative
agreements, or other transactions as may be necessary to carry out the
purposes of this subchapter or subchapter V of this chapter and on such
terms as he deems appropriate with any Federal or State agency, public
or private institution, or other person.
(d) Annual review; suspension of program
The Secretary shall review annually the operation of each program in
which the United States participates involving the taking of marine
mammals on lands. If at any time the Secretary finds that any such
program cannot be administered on lands owned by the United States or in
which the United States has an interest in a manner consistent with the
purposes of policies of this chapter, he shall suspend the operation of
that program and shall include in the annual report to the public and
the Congress required under section 1373(f) of this title his reasons
for such suspension, together with recommendations for such legislation
as he deems necessary and appropriate to resolve the problem.
(e) Measures to alleviate impacts on strategic stocks
If the Secretary determines, based on a stock assessment under
section 1386 of this title or other significant new information obtained
under this chapter, that impacts on rookeries, mating grounds, or other
areas of similar ecological significance to marine mammals may be
causing the decline or impeding the recovery of a strategic stock, the
Secretary may develop and implement conservation or management measures
to alleviate those impacts. Such measures shall be developed and
implemented after consultation with the Marine Mammal Commission and the
appropriate Federal agencies and after notice and opportunity for public
comment.
(Pub. L. 92-522, title I, Sec. 112, Oct. 21, 1972, 86 Stat. 1042; Pub.
L. 96-470, title II, Sec. 201(e), Oct. 19, 1980, 94 Stat. 2241; Pub. L.
102-587, title III, Sec. 3004(a)(3), Nov. 4, 1992, 106 Stat. 5067; Pub.
L. 103-238, Secs. 7(a), 24(c)(11), Apr. 30, 1994, 108 Stat. 542, 566.)
Amendments
1994--Subsec. (c). Pub. L. 103-238, Sec. 24(c)(11), made technical
amendment to reference to subchapter V of this chapter to reflect
renumbering of corresponding title of original act.
Subsec. (e). Pub. L. 103-238, Sec. 7(a), added subsec. (e).
1992--Subsec. (c). Pub. L. 102-587 inserted ``or subchapter V of
this chapter'' after ``of this subchapter''.
1980--Subsec. (d). Pub. L. 96-470 substituted ``include in the
annual report to the public and the Congress required under section
1373(f) of this title'' for ``forthwith submit to Congress''.
Section Referred to in Other Sections
This section is referred to in sections 1371, 1379, 1421b, 1421e,
1421h of this title.
