§1383 — Title 16 Conservation | U.S. Code

Summary

Federal rules in this subchapter add to, and do not conflict with, any international treaty, convention, agreement, or law about taking marine mammals. If the Secretary finds a treaty or its implementing law has been applied to people covered by these rules to make sure the rules are met and to cut accidental taking of marine mammals in commercial fishing to the lowest practical level, then section 1375 of this title does not apply to those people. Within 1 year after April 30, 1994, the Secretary of the Interior must start a review, with the other parties, of the Agreement on the Conservation of Polar Bears and set up how future reviews will happen. The Secretary of the Interior, with the Secretary of State and the Marine Mammal Commission, must also review U.S. implementation of that Agreement, especially habitat protection, and report to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate by April 1, 1995. Within 6 months after April 30, 1994, the Secretary of the Interior, through the Secretary of State and with the Marine Mammal Commission and the State of Alaska, must consult with Russian Federation officials on joint research and management for polar bears in Alaska and Russia and report results and progress to the same Congressional committees.

Title 16, §1383

Conservation — Source: USLM XML via OLRC

(a)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 7(b)(2), added subsecs. (b) to (d). See Codification note above.

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. 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. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§1383 Application to other treaties and conventions