§ 1413. — Regulatory authority of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1413]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER IV--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
Sec. 1413. Regulatory authority of Secretary
(a) Regulations
(1) The Secretary shall issue regulations, and revise those
regulations as may be appropriate, to implement the International
Dolphin Conservation Program.
(2)(A) The Secretary shall issue regulations to authorize and govern
the taking of marine mammals in the eastern tropical Pacific Ocean,
including any species of marine mammal designated as depleted under this
chapter but not listed as endangered or threatened under the Endangered
Species Act (16 U.S.C. 1531 et seq.), by vessels of the United States
participating in the International Dolphin Conservation Program.
(B) Regulations issued under this section shall include provisions--
(i) requiring observers on each vessel;
(ii) requiring use of the backdown procedure or other procedures
equally or more effective in avoiding mortality of, or serious
injury to, marine mammals in fishing operations;
(iii) prohibiting intentional sets on stocks and schools in
accordance with the International Dolphin Conservation Program;
(iv) requiring the use of special equipment, including dolphin
safety panels in nets, monitoring devices as identified by the
International Dolphin Conservation Program to detect unsafe fishing
conditions that may cause high incidental dolphin mortality before
nets are deployed by a tuna vessel, operable rafts, speedboats with
towing bridles, floodlights in operable condition, and diving masks
and snorkels;
(v) ensuring that the backdown procedure during sets of purse
seine net on marine mammals is completed and rolling of the net to
sack up has begun no later than 30 minutes before sundown;
(vi) banning the use of explosive devices in all purse seine
operations;
(vii) establishing per vessel maximum annual dolphin mortality
limits, total dolphin mortality limits and per-stock per-year
mortality limits in accordance with the International Dolphin
Conservation Program;
(viii) preventing the making of intentional sets on dolphins
after reaching either the vessel maximum annual dolphin mortality
limits, total dolphin mortality limits, or per-stock per-year
mortality limits;
(ix) preventing the fishing on dolphins by a vessel without an
assigned vessel dolphin mortality limit;
(x) allowing for the authorization and conduct of experimental
fishing operations, under such terms and conditions as the Secretary
may prescribe, for the purpose of testing proposed improvements in
fishing techniques and equipment that may reduce or eliminate
dolphin mortality or serious injury do not require the encirclement
of dolphins in the course of commercial yellowfin tuna fishing;
(xi) authorizing fishing within the area covered by the
International Dolphin Conservation Program by vessels of the United
States without the use of special equipment or nets if the vessel
takes an observer and does not intentionally deploy nets on, or
encircle, dolphins, under such terms and conditions as the Secretary
may prescribe; and
(xii) containing such other restrictions and requirements as the
Secretary determines are necessary to implement the International
Dolphin Conservation Program with respect to vessels of the United
States.
(C) Adjustments to requirements.--The Secretary may make such
adjustments as may be appropriate to requirements of subparagraph (B)
that pertain to fishing gear, vessel equipment, and fishing practices to
the extent the adjustments are consistent with the International Dolphin
Conservation Program.
(b) Consultation
In developing any regulation under this section, the Secretary shall
consult with the Secretary of State, the Marine Mammal Commission, and
the United States Commissioners to the Inter-American Tropical Tuna
Commission appointed under section 952 of this title.
(c) Emergency regulations
(1) If the Secretary determines, on the basis of the best scientific
information available (including research conducted under section 1414a
of this title and information obtained under the International Dolphin
Conservation Program) that the incidental mortality and serious injury
of marine mammals authorized under this subchapter is having, or is
likely to have, a significant adverse impact on a marine mammal stock or
species, the Secretary shall--
(A) notify the Inter-American Tropical Tuna Commission of his or
her determination, along with recommendations to the Commission as
to actions necessary to reduce incidental mortality and serious
injury and mitigate such adverse impact; and
(B) prescribe emergency regulations to reduce incidental
mortality and serious injury and mitigate such adverse impact.
(2) Before taking action under subparagraph (A) or (B) of paragraph
(1), the Secretary shall consult with the Secretary of State, the Marine
Mammal Commission, and the United States Commissioners to the Inter-
American Tropical Tuna Commission.
(3) Emergency regulations prescribed under this subsection--
(A) shall be published in the Federal Register, together with an
explanation thereof;
(B) shall remain in effect for the duration of the applicable
fishing year; and
(C) may be terminated by the Secretary at an earlier date by
publication in the Federal Register of a notice of termination if
the Secretary determines that the reasons for the emergency action
no longer exist.
(4) If the Secretary finds that the incidental mortality and serious
injury of marine mammals in the yellowfin tuna fishery in the eastern
tropical Pacific Ocean is continuing to have a significant adverse
impact on a stock or species, the Secretary may extend the emergency
regulations for such additional periods as may be necessary.
(5) Within 120 days after the Secretary notifies the United States
Commissioners to the Inter-American Tropical Tuna Commission of the
Secretary's determination under paragraph (1)(A), the United States
Commissioners shall call for a special meeting of the Commission to
address the actions necessary to reduce incidental mortality and serious
injury and mitigate the adverse impact which resulted in the
determination. The Commissioners shall report the results of the special
meeting in writing to the Secretary and to the Secretary of State. In
their report, the Commissioners shall--
(A) include a description of the actions taken by the harvesting
nations or under the International Dolphin Conservation Program to
reduce the incidental mortality and serious injury and measures to
mitigate the adverse impact on the marine mammal species or stock;
(B) indicate whether, in their judgment, the actions taken
address the problem adequately; and
(C) if they indicate that the actions taken do not address the
problem adequately, include recommendations of such additional
action to be taken as may be necessary.
(Pub. L. 92-522, title III, Sec. 303, as added Pub. L. 105-42,
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1131.)
References in Text
The Endangered Species Act, referred to in subsec. (a)(2)(A),
probably means the Endangered Species Act of 1973, Pub. L. 93-205, Dec.
28, 1973, 87 Stat. 884, as amended, which is classified generally to
chapter 35 (Sec. 1531 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1531 of this title and Tables.
Prior Provisions
A prior section 1413, Pub. L. 92-522, title III, Sec. 303, as added
Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3426, related to
research programs prior to repeal by Pub. L. 105-42, Sec. 6(c), Aug. 15,
1997, 111 Stat. 1130.
A prior section 303 of Pub. L. 92-522 was renumbered section 403 and
is classified to section 1421b of this title.
Effective Date
For effective date of section, see section 8 of Pub. L. 105-42, set
out as an Effective Date of 1997 Amendment note under section 1362 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 1374, 1416 of this title.
