§1382 — Title 16 Conservation | U.S. Code

Summary

The Secretary must write the rules needed to carry out this part of the law and should work with any other federal agency that is affected. Other federal agencies must cooperate. The Secretary can make contracts, leases, cooperative agreements, or other deals with federal or state agencies, public or private groups, or other people to carry out this part of the law and subchapter V. Each year the Secretary must review programs in which the United States takes marine mammals on land. If a program cannot be run on U.S.-owned land or land where the U.S. has an interest in a way that fits the chapter’s goals and policies, the Secretary must suspend it and explain why in the yearly report to the public and Congress required under section 1373(f), including any suggested laws to fix the problem. If stock assessments or other new information show damage to rookeries, mating grounds, or similar important areas that may harm or slow recovery of a strategic stock, the Secretary may create and carry out conservation or management actions. Those actions must follow consultation with the Marine Mammal Commission and the relevant federal agencies, and must be opened for public notice and comment.

Title 16, §1382

Conservation — Source: USLM XML via OLRC

(a)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)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)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 and on such terms as he deems appropriate with any Federal or State agency, public or private institution, or other person.

(d)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 11 So in original. 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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (c). Pub. L. 103–238, § 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, § 7(a), added subsec. (e). 1992—Subsec. (c). Pub. L. 102–587 inserted “or subchapter V” 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”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

§1382 Regulations and administration