§ 1414a. — Research.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1414a]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER IV--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
Sec. 1414a. Research
(a) Required research
(1) In general
The Secretary shall, in consultation with the Marine Mammal
Commission and the Inter-American Tropical Tuna Commission, conduct
a study of the effect of intentional encirclement (including chase)
on dolphins and dolphin stocks incidentally taken in the course of
purse seine fishing for yellowfin tuna in the eastern tropical
Pacific Ocean. The study, which shall commence on October 1, 1997,
shall consist of abundance surveys as described in paragraph (2) and
stress studies as described in paragraph (3), and shall address the
question of whether such encirclement is having a significant
adverse impact on any depleted dolphin stock in the eastern tropical
Pacific Ocean.
(2) Population abundance surveys
The abundance surveys under this subsection shall survey the
abundance of such depleted stocks and shall be conducted during each
of the calendar years 1998, 1999, and 2000.
(3) Stress studies
The stress studies under this subsection shall include--
(A) a review of relevant stress-related research and a 3-
year series of necropsy samples from dolphins obtained by
commercial vessels;
(B) a 1-year review of relevant historical demographic and
biological data related to dolphins and dolphin stocks referred
to in paragraph (1); and
(C) an experiment involving the repeated chasing and
capturing of dolphins by means of intentional encirclement.
(4) Report
No later than 90 days after publishing the finding under
subsection (g)(2) of section 1385 of this title, the Secretary shall
complete and submit a report containing the results of the research
described in this subsection to the United States Senate Committee
on Commerce, Science, and Transportation and the United States House
of Representatives Committees on Resources and on Commerce, and to
the Inter-American Tropical Tuna Commission.
(b) Other research
(1) In general
In addition to conducting the research described in subsection
(a) of this section, the Secretary shall, in consultation with the
Marine Mammal Commission and in cooperation with the nations
participating in the International Dolphin Conservation Program and
the Inter-American Tropical Tuna Commission, undertake or support
appropriate scientific research to further the goals of the
International Dolphin Conservation Program.
(2) Specific areas of research
Research carried out under paragraph (1) may include--
(A) projects to devise cost-effective fishing methods and
gear so as to reduce, with the goal of eliminating, the
incidental mortality and serious injury of marine mammals in
connection with commercial purse seine fishing in the eastern
tropical Pacific Ocean;
(B) projects to develop cost-effective methods of fishing
for mature yellowfin tuna without setting nets on dolphins or
other marine mammals;
(C) projects to carry out stock assessments for those marine
mammal species and marine mammal stocks taken in the purse seine
fishery for yellowfin tuna in the eastern tropical Pacific
Ocean, including species or stocks not within waters under the
jurisdiction of the United States; and
(D) projects to determine the extent to which the incidental
take of nontarget species, including juvenile tuna, occurs in
the course of purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean, the geographic location of the
incidental take, and the impact of that incidental take on tuna
stocks and nontarget species.
(c) Authorization of appropriations
(1) There are authorized to be appropriated to the Secretary the
following amounts, to be used by the Secretary to carry out the research
described in subsection (a) of this section:
(A) $4,000,000 for fiscal year 1998.
(B) $3,000,000 for fiscal year 1999.
(C) $4,000,000 for fiscal year 2000.
(D) $1,000,000 for fiscal year 2001.
(2) In addition to the amount authorized to be appropriated under
paragraph (1), there are authorized to be appropriated to the Secretary
for carrying out this section $3,000,000 for each of the fiscal years
1998, 1999, 2000, and 2001.
(Pub. L. 92-522, title III, Sec. 304, as added Pub. L. 105-42,
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1133.)
Prior Provisions
A prior section 304 of Pub. L. 92-522 was classified to section 1414
of this title prior to repeal by Pub. L. 105-42.
Change of Name
Committee on Commerce of House of Representatives changed to
Committee on Energy and Commerce of House of Representatives, and
jurisdiction over matters relating to securities and exchanges and
insurance generally transferred to Committee on Financial Services of
House of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
Section Referred to in Other Sections
This section is referred to in sections 1385, 1413, 1415 of this
title.
