§1378 — Title 16 Conservation | U.S. Code

Summary

The Secretary, working with the Secretary of State, must begin talks with other countries to make agreements that protect and save all marine mammals. The Secretary must start talks with nations whose fishing hurts marine mammals. For yellowfin tuna caught with purse seines in the eastern tropical Pacific, the talks should be through the Inter-American Tropical Tuna Commission or other groups and cover things like finding fishing methods that do not catch marine mammals, studying affected populations, tracking how many and what kinds of marine mammals are taken, setting limits on accidental takes based on the best science, and using practical safety gear and techniques to cut deaths and serious injuries to insignificant levels approaching zero. The Secretary must also try to update the Inter-American Tropical Tuna Commission rules to include conservation commitments agreed in the Panama Declaration and the Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement (opened for signature December 4, 1995), and to make annual cost shares fair. The Secretary must discuss funding with countries in the International Dolphin Conservation Program, promote other regional protection agreements, and work to amend any treaties so they match the goals here. The Secretary must seek an international ministerial meeting before July 1, 1973 and report results to Congress within one year after October 21, 1972. The Secretary must study North Pacific fur seals with the Marine Mammal Commission to see if U.S. herds are at their best sustainable size and what trends exist. The Secretary, with the Secretary of State, must also study how this chapter relates to the North Pacific Fur Seal Convention (signed February 9, 1957, as extended) to see if changes are needed to make them consistent. If the studies find the herds are below optimum and not improving, or are starting to decline, or that treaty changes are needed, the Secretary will have those findings on record. The Secretary must include yearly results from the tuna-related discussions and any follow-up proposals in the report required under section 1373(f).

Title 16, §1378

Conservation — Source: USLM XML via OLRC

(a)The Secretary, through the Secretary of State, shall—

(1)initiate negotiations as soon as possible for the development of bilateral or multilateral agreements with other nations for the protection and conservation of all marine mammals covered by this chapter;

(2)initiate—

(A)negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which are found by the Secretary to be unduly harmful to any species or population stock of marine mammal, for the purpose of entering into bilateral and multilateral treaties with such countries to protect marine mammals, with the Secretary of State to prepare a draft agenda relating to this matter for discussion at appropriate international meetings and forums;

(B)discussions with foreign governments whose vessels harvest yellowfin tuna with purse seines in the eastern tropical Pacific Ocean, for the purpose of concluding, through the Inter-American Tropical Tuna Commission or such other bilateral or multilateral institutions as may be appropriate, international arrangements for the conservation of marine mammals taken incidentally in the course of harvesting such tuna, which should include provisions for (i) cooperative research into alternative methods of locating and catching yellowfin tuna which do not involve the taking of marine mammals, (ii) cooperative research on the status of affected marine mammal population stocks, (iii) reliable monitoring of the number, rate, and species of marine mammals taken by vessels of harvesting nations, (iv) limitations on incidental take levels based upon the best scientific information available, and (v) the use of the best marine mammal safety techniques and equipment that are economically and technologically practicable to reduce the incidental kill and serious injury of marine mammals to insignificant levels approaching a zero mortality and serious injury rate;

(C)negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna Commission (1 U.S.T. 230; TIAS 2044) which will incorporate—

(i)the conservation and management provisions agreed to by the nations which have signed the Declaration of Panama and in the Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement, as opened for signature on December 4, 1995; and

(ii)a revised schedule of annual contributions to the expenses of the Inter-American Tropical Tuna Commission that is equitable to participating nations; and

(D)discussions with those countries participating, or likely to participate, in the International Dolphin Conservation Program, for the purpose of identifying sources of funds needed for research and other measures promoting effective protection of dolphins, other marine species, and the marine ecosystem;

(3)encourage such other agreements to promote the purposes of this chapter with other nations for the protection of specific ocean and land regions which are of special significance to the health and stability of marine mammals;

(4)initiate the amendment of any existing international treaty for the protection and conservation of any species of marine mammal to which the United States is a party in order to make such treaty consistent with the purposes and policies of this chapter;

(5)seek the convening of an international ministerial meeting on marine mammals before July 1, 1973, for the purposes of (A) the negotiation of a binding international convention for the protection and conservation of all marine mammals, and (B) the implementation of paragraph (3) of this section; and

(6)provide to the Congress by not later than one year after October 21, 1972, a full report on the results of his efforts under this section.

(b)(1)In addition to the foregoing, the Secretary shall—

(A)in consultation with the Marine Mammal Commission established by section 1401 of this title, undertake a study of the North Pacific fur seals to determine whether herds of such seals subject to the jurisdiction of the United States are presently at their optimum sustainable population and what population trends are evident; and

(B)in consultation with the Secretary of State, promptly undertake a comprehensive study of the provisions of this chapter, as they relate to North Pacific fur seals, and the provisions of the North Pacific Fur Seal Convention signed on February 9, 1957, as extended (hereafter referred to in this subsection as the “Convention”), to determine what modifications, if any, should be made to the provisions of the Convention, or of this chapter, or both, to make the Convention and this chapter consistent with each other.

(2)If the Secretary finds—

(A)as a result of the study required under paragraph (1)(A) of this subsection, that the North Pacific fur seal herds are below their optimum sustainable population and are not trending upward toward such level, or have reached their optimum sustainable population but are commencing a downward trend, and believes the herds to be in danger of depletion; or

(B)as a result of the study required under paragraph (1)(B) of this subsection, that modifications of the Convention are desirable to make it and this chapter consistent;

(c)The Secretary shall include a description of the annual results of discussions initiated and conducted pursuant to subsection (a)(2)(B), as well as any proposals for further action to achieve the purposes of that subsection, in the report required under section 1373(f) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1997—Subsecs. (a)(2)(C), (D). Pub. L. 105–42 added subpars. (C) and (D). 1988—Subsec. (a)(2). Pub. L. 100–711, § 4(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “initiate negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which are found by the Secretary to be unduly harmful to any species of marine mammal, for the purpose of entering into bilateral and multilateral treaties with such countries to protect marine mammals. The Secretary of State shall prepare a draft agenda relating to this matter for discussion at appropriate international meetings and forums;”. Subsec. (c). Pub. L. 100–711, § 4(c), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentFor

Effective Date

of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title.

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.

§1378 International Program

Summary

Title 16, §1378

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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