§ 1383. — Application to other treaties and conventions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1383]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1383. Application to other treaties and conventions
(a) Generally; findings; waiver of penalties
The provisions of this subchapter shall be deemed to be in addition
to and not in contravention of the provisions of any existing
international treaty, convention, or agreement, or any statute
implementing the same, which may otherwise apply to the taking of marine
mammals. Upon a finding by the Secretary that the provisions of any
international treaty, convention, or agreement, or any statute
implementing the same has been made applicable to persons subject to the
provisions of this subchapter in order to effect essential compliance
with the regulatory provisions of this chapter so as to reduce to the
lowest practicable level the taking of marine mammals incidental to
commercial fishing operations, section 1375 of this title may not apply
to such persons.
(b) Review of effectiveness of Agreement on the Conservation of Polar
Bears
Not later than 1 year after April 30, 1994, the Secretary of the
Interior shall, in consultation with the contracting parties, initiate a
review of the effectiveness of the Agreement on the Conservation of
Polar Bears, as provided for in Article IX of the Agreement, and
establish a process by which future reviews shall be conducted.
(c) Review of implementation of Agreement on the Conservation of Polar
Bears; report
The Secretary of the Interior, in consultation with the Secretary of
State and the Marine Mammal Commission, shall review the effectiveness
of United States implementation of the Agreement on the Conservation of
Polar Bears, particularly with respect to the habitat protection
mandates contained in Article II. The Secretary shall report the results
of this review to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than April 1, 1995.
(d) Consultation regarding conservation of polar bears in Russia and
Alaska; report
Not later than 6 months after April 30, 1994, the Secretary of the
Interior, acting through the Secretary of State and in consultation with
the Marine Mammal Commission and the State of Alaska, shall consult with
the appropriate officials of the Russian Federation on the development
and implementation of enhanced cooperative research and management
programs for the conservation of polar bears in Alaska and Russia. The
Secretary shall report the results of this consultation and provide
periodic progress reports on the research and management programs to the
Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate.
(Pub. L. 92-522, title I, Sec. 113, Oct. 21, 1972, 86 Stat. 1042; Pub.
L. 103-238, Sec. 7(b), Apr. 30, 1994, 108 Stat. 542.)
Codification
A prior subsec. (b) of section 113 of Pub. L. 92-522 amended section
659 of this title.
Amendments
1994--Subsec. (a). Pub. L. 103-238, Sec. 7(b)(1), directed the
amendment of this section by ``designating the existing paragraph'' as
subsec. (a), notwithstanding the existing first par. of this section was
already designated (a).
Subsecs. (b) to (d). Pub. L. 103-238, Sec. 7(b)(2), added subsecs.
(b) to (d). See Codification note above.
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. Committee
on Merchant Marine and Fisheries of House of Representatives treated as
referring to Committee on Resources of House of Representatives in case
of provisions relating to fisheries, wildlife, international fishing
agreements, marine affairs (including coastal zone management) except
for measures relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 1372, 1374 of this title.
